Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. PCS (181010) for SB 1718
       
       
       
       
       
       
                                Barcode 582094                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/01/2009           .                                
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       The Committee on Criminal and Civil Justice Appropriations
       (Crist) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 103 - 693
    4  and insert:
    5         defendant in excess of five. Of the first $165 $85 in
    6  filing fees, $80 must be remitted by the clerk to the Department
    7  of Revenue for deposit into the General Revenue Fund, $80 must
    8  be remitted to the Department of Revenue for deposit into the
    9  State Courts Revenue Trust Fund, and $5 must be remitted to the
   10  Department of Revenue for deposit into the Department of
   11  Financial Services’ Administrative Trust Fund to fund the
   12  contract with the Florida Clerks of Court Operations Corporation
   13  created in s. 28.35. The next $15 of the filing fee collected
   14  shall be deposited in the state courts’ Mediation and
   15  Arbitration Trust Fund. One-third of any filing fees collected
   16  by the clerk of the circuit court in excess of $100 shall be
   17  remitted to the Department of Revenue for deposit into the
   18  Department of Revenue Clerks of the Court Trust Fund. An
   19  additional filing fee of $4 shall be paid to the clerk. The
   20  clerk shall remit $3.50 to the Department of Revenue for deposit
   21  into the Court Education Trust Fund and shall remit 50 cents to
   22  the Department of Revenue for deposit into the Department of
   23  Financial Services Administrative Trust Fund to fund clerk
   24  education. An additional filing fee of up to $18 shall be paid
   25  by the party seeking each severance that is granted. The clerk
   26  may impose an additional filing fee of up to $85 for all
   27  proceedings of garnishment, attachment, replevin, and distress.
   28  Postal charges incurred by the clerk of the circuit court in
   29  making service by certified or registered mail on defendants or
   30  other parties shall be paid by the party at whose instance
   31  service is made. No additional fees, charges, or costs shall be
   32  added to the filing fees imposed under this section, except as
   33  authorized herein or by general law.
   34         2.a.Notwithstanding the fees prescribed in subparagraph
   35  1., a party instituting a civil action in circuit court for
   36  foreclosure on residential or commercial real property secured
   37  by a mortgage shall pay a graduated filing fee based on the
   38  value of the claim.
   39         b.A party shall estimate the amount in controversy of the
   40  claim upon filing the action. The value of a foreclosure action
   41  for the purpose of determining the filing fee is based upon the
   42  principal due on the note secured by the mortgage, plus interest
   43  owed on the note at the time of filing the foreclosure, plus any
   44  property taxes owed at the time of the filing of the
   45  foreclosure. In its order providing for the final disposition of
   46  the matter, the court shall identify the actual value of the
   47  claim. The clerk shall adjust the filing fee if there is a
   48  difference between the estimated amount in controversy and the
   49  actual value of the claim.
   50         c.The party shall pay a filing fee of:
   51         (I)Two hundred and ninety-five dollars in all cases in
   52  which the value of the claim is $50,000 or less and in which
   53  there are not more than five defendants. The party shall pay an
   54  additional filing fee of up to $2.50 for each defendant in
   55  excess of five. Of the first $165 in filing fees, $80 must be
   56  remitted by the clerk to the Department of Revenue for deposit
   57  into the General Revenue Fund, $80 must be remitted to the
   58  Department of Revenue for deposit into the State Courts Revenue
   59  Trust Fund, and $5 must be remitted to the Department of Revenue
   60  for deposit into the Department of Financial Services’
   61  Administrative Trust Fund to fund the contract with the Florida
   62  Clerks of Court Operations Corporation created in s. 28.35. The
   63  next $15 of the filing fee collected shall be deposited in the
   64  state courts’ Mediation and Arbitration Trust Fund. An
   65  additional filing fee of $4 shall be paid to the clerk. The
   66  clerk shall remit $3.50 to the Department of Revenue for deposit
   67  into the Court Education Trust Fund and shall remit 50 cents to
   68  the Department of Revenue for deposit into the Department of
   69  Financial Services Administrative Trust Fund to fund clerk
   70  education. An additional filing fee of up to $18 shall be paid
   71  by the party seeking each severance that is granted. The clerk
   72  may impose an additional filing fee of up to $85 for all
   73  proceedings of garnishment, attachment, replevin, and distress.
   74  Postal charges incurred by the clerk of the circuit court in
   75  making service by certified or registered mail on defendants or
   76  other parties shall be paid by the party at whose instance
   77  service is made. No additional fees, charges, or costs shall be
   78  added to the filing fees imposed under this section, except as
   79  authorized herein or by general law.
   80         (II)One thousand dollars in all cases in which the value
   81  of the claim is more than $50,000 but less than $250,000 and in
   82  which there are not more than five defendants. The party shall
   83  pay an additional filing fee of up to $2.50 for each defendant
   84  in excess of five. Of the first $865 in filing fees, $80 must be
   85  remitted by the clerk to the Department of Revenue for deposit
   86  into the General Revenue Fund, $780 must be remitted to the
   87  Department of Revenue for deposit into the State Courts Revenue
   88  Trust Fund, and $5 must be remitted to the Department of Revenue
   89  for deposit into the Department of Financial Services’
   90  Administrative Trust Fund to fund the contract with the Florida
   91  Clerks of Court Operations Corporation described in s. 28.35.
   92  The next $15 of the filing fee collected shall be deposited in
   93  the state courts’ Mediation and Arbitration Trust Fund. An
   94  additional filing fee of $4 shall be paid to the clerk. The
   95  clerk shall remit $3.50 to the Department of Revenue for deposit
   96  into the Court Education Trust Fund and shall remit 50 cents to
   97  the Department of Revenue for deposit into the Department of
   98  Financial Services Administrative Trust Fund to fund clerk
   99  education. An additional filing fee of up to $18 shall be paid
  100  by the party seeking each severance that is granted. The clerk
  101  may impose an additional filing fee of up to $85 for all
  102  proceedings of garnishment, attachment, replevin, and distress.
  103  Postal charges incurred by the clerk of the circuit court in
  104  making service by certified or registered mail on defendants or
  105  other parties shall be paid by the party at whose instance
  106  service is made. No additional fees, charges, or costs shall be
  107  added to the filing fees imposed under this section, except as
  108  authorized herein or by general law.
  109         (III)Two thousand dollars in all cases in which the value
  110  of the claim is more than $250,000 and in which there are not
  111  more than five defendants. The party shall pay an additional
  112  filing fee of up to $2.50 for each defendant in excess of five.
  113  Of the first $1,870 in filing fees, $80 must be remitted by the
  114  clerk to the Department of Revenue for deposit into the General
  115  Revenue Fund, $1,785 must be remitted to the Department of
  116  Revenue for deposit into the State Courts Revenue Trust Fund,
  117  and $5 must be remitted to the Department of Revenue for deposit
  118  into the Department of Financial Services’ Administrative Trust
  119  Fund to fund the contract with the Florida Clerks of Court
  120  Operations Corporation created in s. 28.35. The next $15 of the
  121  filing fee collected shall be deposited in the state courts’
  122  Mediation and Arbitration Trust Fund. An additional filing fee
  123  of $4 shall be paid to the clerk. The clerk shall remit $3.50 to
  124  the Department of Revenue for deposit into the Court Education
  125  Trust Fund and shall remit 50 cents to the Department of Revenue
  126  for deposit into the Department of Financial Services
  127  Administrative Trust Fund to fund clerk education. An additional
  128  filing fee of up to $18 shall be paid by the party seeking each
  129  severance that is granted. The clerk may impose an additional
  130  filing fee of up to $85 for all proceedings of garnishment,
  131  attachment, replevin, and distress. Postal charges incurred by
  132  the clerk of the circuit court in making service by certified or
  133  registered mail on defendants or other parties shall be paid by
  134  the party at whose instance service is made. No additional fees,
  135  charges, or costs shall be added to the filing fees imposed
  136  under this section, except as authorized herein or by general
  137  law.
  138         (b) A party reopening any civil action, suit, or proceeding
  139  in the circuit court shall pay to the clerk of court a filing
  140  fee set by the clerk in an amount not to exceed $50. For
  141  purposes of this section, a case is reopened when a case
  142  previously reported as disposed of is resubmitted to a court and
  143  includes petitions for modification of a final judgment of
  144  dissolution. A party is exempt from paying the fee for any of
  145  the following:
  146         1. A writ of garnishment;
  147         2. A writ of replevin;
  148         3. A distress writ;
  149         4. A writ of attachment;
  150         5. A motion for rehearing filed within 10 days;
  151         6. A motion for attorney’s fees filed within 30 days after
  152  entry of a judgment or final order;
  153         7. A motion for dismissal filed after a mediation agreement
  154  has been filed;
  155         8. A disposition of personal property without
  156  administration;
  157         9. Any probate case prior to the discharge of a personal
  158  representative;
  159         10. Any guardianship pleading prior to discharge;
  160         11. Any mental health pleading;
  161         12. Motions to withdraw by attorneys;
  162         13. Motions exclusively for the enforcement of child
  163  support orders;
  164         14. A petition for credit of child support;
  165         15. A Notice of Intent to Relocate and any order issuing as
  166  a result of an uncontested relocation;
  167         16. Stipulations;
  168         17. Responsive pleadings; or
  169         18. Cases in which there is no initial filing fee.
  170         (c)1.A Any party in addition to other than a party
  171  described in subparagraph (a)1. paragraph (a) who files a
  172  pleading in an original civil action in circuit court for
  173  affirmative relief by cross-claim, counterclaim,
  174  counterpetition, or third-party complaint shall pay the clerk of
  175  court a fee of $295. The clerk shall remit the fee to the
  176  Department of Revenue for deposit into the General Revenue Fund.
  177         2.A party in addition to a party described in subparagraph
  178  (a)2. who files a pleading in an original civil action in
  179  circuit court for affirmative relief by cross-claim,
  180  counterclaim, counterpetition, or third-party complaint shall
  181  pay the clerk of court a graduated fee of:
  182         a.Two hundred and ninety-five dollars in all cases in
  183  which the value of the pleading is $50,000 or less;
  184         b.One thousand dollars in all cases in which the value of
  185  the pleading is more than $50,000 but less than $250,000; or
  186         c.Two thousand dollars in all cases in which the value of
  187  the pleading is $250,000 or more.
  188  
  189  The clerk shall remit the fees collected under this subparagraph
  190  to the Department of Revenue for deposit into the General
  191  Revenue Fund, except that the clerk shall remit $705 of the fee
  192  collected under sub-subparagraph b. and $1,705 of the fee
  193  collected under sub-subparagraph c. to the Department of Revenue
  194  for deposit into the State Courts Revenue Trust Fund.
  195         (d) The clerk of court shall collect a service charge of
  196  $10 for issuing a summons. The clerk shall assess the fee
  197  against the party seeking to have the summons issued.
  198         Section 3. Effective January 1, 2010, section 28.241,
  199  Florida Statutes, as amended by this act, is amended to read:
  200         28.241 Filing fees for trial and appellate proceedings;
  201  graduated filing fees.—
  202         (1)(a)1. Except as provided in subparagraph 2., the party
  203  instituting any civil action, suit, or proceeding in the circuit
  204  court shall pay to the clerk of that court a filing fee of up to
  205  $295 in all cases in which there are not more than five
  206  defendants and an additional filing fee of up to $2.50 for each
  207  defendant in excess of five. Of the first $165 in filing fees,
  208  $80 must be remitted by the clerk to the Department of Revenue
  209  for deposit into the General Revenue Fund, $80 must be remitted
  210  to the Department of Revenue for deposit into the State Courts
  211  Revenue Trust Fund, and $5 must be remitted to the Department of
  212  Revenue for deposit into the Department of Financial Services’
  213  Administrative Trust Fund to fund the contract with the Florida
  214  Clerks of Court Operations Corporation created in s. 28.35. The
  215  next $15 of the filing fee collected shall be deposited in the
  216  state courts’ Mediation and Arbitration Trust Fund. An
  217  additional filing fee of $4 shall be paid to the clerk. The
  218  clerk shall remit $3.50 to the Department of Revenue for deposit
  219  into the Court Education Trust Fund and shall remit 50 cents to
  220  the Department of Revenue for deposit into the Department of
  221  Financial Services Administrative Trust Fund to fund clerk
  222  education. An additional filing fee of up to $18 shall be paid
  223  by the party seeking each severance that is granted. The clerk
  224  may impose an additional filing fee of up to $85 for all
  225  proceedings of garnishment, attachment, replevin, and distress.
  226  Postal charges incurred by the clerk of the circuit court in
  227  making service by certified or registered mail on defendants or
  228  other parties shall be paid by the party at whose instance
  229  service is made. No additional fees, charges, or costs shall be
  230  added to the filing fees imposed under this section, except as
  231  authorized herein or by general law.
  232         2.a. Notwithstanding the fees prescribed in subparagraph
  233  1., a party instituting a civil action, suit, or proceeding in
  234  circuit court for foreclosure on residential or commercial real
  235  property secured by a mortgage shall pay a graduated filing fee
  236  based on the value of the claim if the action is:.
  237         (I)An action seeking economic damages under a contract;
  238         (II)An action based on a claim of indebtedness;
  239         (III)An action for foreclosure on residential or
  240  commercial real property secured by a mortgage;
  241         (IV)An action in which a condominium association is named
  242  as party and which seeks economic damages;
  243         (V)An action based on antitrust or trade regulations and
  244  which seeks economic damages;
  245         (VI)An action involving business transactions and which
  246  seeks economic damages;
  247         (VII)An action involving a declaratory judgment on whether
  248  a claim is covered by an insurance policy;
  249         (VIII)An action involving intellectual property or trade
  250  secret rights and which seeks economic damages; or
  251         (IX)An action for dissolution of marriage or simplified
  252  dissolution of marriage.
  253         b. A party shall estimate the amount in controversy of the
  254  claim upon filing the action or other request for relief. Except
  255  as otherwise provided, the amount in controversy for an action
  256  shall include the amount of estimated economic damages and other
  257  damages. The value of a foreclosure action for the purpose of
  258  determining the filing fee is based upon the principal due on
  259  the note secured by the mortgage, plus interest owed on the note
  260  at the time of filing the foreclosure, plus any property taxes
  261  owed at the time of the filing of the foreclosure. The amount in
  262  controversy for an action for dissolution of marriage or
  263  simplified dissolution of marriage shall be based upon the
  264  estimated equitable distribution of assets and shall not include
  265  child support or alimony. In its order providing for the final
  266  disposition of the matter, the court shall identify the actual
  267  value of the claim. The clerk shall adjust the filing fee if
  268  there is a difference between the estimated amount in
  269  controversy and the actual value of the claim.
  270         c. The party shall pay a filing fee of:
  271         (I) Two hundred and ninety-five dollars in all cases in
  272  which the value of the claim is $50,000 or less and in which
  273  there are not more than five defendants. The party shall pay an
  274  additional filing fee of up to $2.50 for each defendant in
  275  excess of five. Of the first $165 in filing fees, $80 must be
  276  remitted by the clerk to the Department of Revenue for deposit
  277  into the General Revenue Fund, $80 must be remitted to the
  278  Department of Revenue for deposit into the State Courts Revenue
  279  Trust Fund, and $5 must be remitted to the Department of Revenue
  280  for deposit into the Department of Financial Services’
  281  Administrative Trust Fund to fund the contract with the Florida
  282  Clerks of Court Operations Corporation created in s. 28.35. The
  283  next $15 of the filing fee collected shall be deposited in the
  284  state courts’ Mediation and Arbitration Trust Fund. An
  285  additional filing fee of $4 shall be paid to the clerk. The
  286  clerk shall remit $3.50 to the Department of Revenue for deposit
  287  into the Court Education Trust Fund and shall remit 50 cents to
  288  the Department of Revenue for deposit into the Department of
  289  Financial Services’ Administrative Trust Fund to fund clerk
  290  education. An additional filing fee of up to $18 shall be paid
  291  by the party seeking each severance that is granted. The clerk
  292  may impose an additional filing fee of up to $85 for all
  293  proceedings of garnishment, attachment, replevin, and distress.
  294  Postal charges incurred by the clerk of the circuit court in
  295  making service by certified or registered mail on defendants or
  296  other parties shall be paid by the party at whose instance
  297  service is made. No additional fees, charges, or costs shall be
  298  added to the filing fees imposed under this section, except as
  299  authorized herein or by general law.
  300         (II) One thousand dollars in all cases in which the value
  301  of the claim is more than $50,000 but less than $250,000 and in
  302  which there are not more than five defendants. The party shall
  303  pay an additional filing fee of up to $2.50 for each defendant
  304  in excess of five. Of the first $865 in filing fees, $80 must be
  305  remitted by the clerk to the Department of Revenue for deposit
  306  into the General Revenue Fund, $780 must be remitted to the
  307  Department of Revenue for deposit into the State Courts Revenue
  308  Trust Fund, and $5 must be remitted to the Department of Revenue
  309  for deposit into the Department of Financial Services’
  310  Administrative Trust Fund to fund the contract with the Florida
  311  Clerks of Court Operations Corporation described in s. 28.35.
  312  The next $15 of the filing fee collected shall be deposited in
  313  the state courts’ Mediation and Arbitration Trust Fund. An
  314  additional filing fee of $4 shall be paid to the clerk. The
  315  clerk shall remit $3.50 to the Department of Revenue for deposit
  316  into the Court Education Trust Fund and shall remit 50 cents to
  317  the Department of Revenue for deposit into the Department of
  318  Financial Services’ Administrative Trust Fund to fund clerk
  319  education. An additional filing fee of up to $18 shall be paid
  320  by the party seeking each severance that is granted. The clerk
  321  may impose an additional filing fee of up to $85 for all
  322  proceedings of garnishment, attachment, replevin, and distress.
  323  Postal charges incurred by the clerk of the circuit court in
  324  making service by certified or registered mail on defendants or
  325  other parties shall be paid by the party at whose instance
  326  service is made. No additional fees, charges, or costs shall be
  327  added to the filing fees imposed under this section, except as
  328  authorized herein or by general law.
  329         (III) Two thousand dollars in all cases in which the value
  330  of the claim is more than $250,000 and in which there are not
  331  more than five defendants. The party shall pay an additional
  332  filing fee of up to $2.50 for each defendant in excess of five.
  333  Of the first $1,870 in filing fees, $80 must be remitted by the
  334  clerk to the Department of Revenue for deposit into the General
  335  Revenue Fund, $1,785 must be remitted to the Department of
  336  Revenue for deposit into the State Courts Revenue Trust Fund,
  337  and $5 must be remitted to the Department of Revenue for deposit
  338  into the Department of Financial Services’ Administrative Trust
  339  Fund to fund the contract with the Florida Clerks of Court
  340  Operations Corporation created in s. 28.35. The next $15 of the
  341  filing fee collected shall be deposited in the state courts’
  342  Mediation and Arbitration Trust Fund. An additional filing fee
  343  of $4 shall be paid to the clerk. The clerk shall remit $3.50 to
  344  the Department of Revenue for deposit into the Court Education
  345  Trust Fund and shall remit 50 cents to the Department of Revenue
  346  for deposit into the Department of Financial Services’
  347  Administrative Trust Fund to fund clerk education. An additional
  348  filing fee of up to $18 shall be paid by the party seeking each
  349  severance that is granted. The clerk may impose an additional
  350  filing fee of up to $85 for all proceedings of garnishment,
  351  attachment, replevin, and distress. Postal charges incurred by
  352  the clerk of the circuit court in making service by certified or
  353  registered mail on defendants or other parties shall be paid by
  354  the party at whose instance service is made. No additional fees,
  355  charges, or costs shall be added to the filing fees imposed
  356  under this section, except as authorized herein or by general
  357  law.
  358         (b) A party reopening any civil action, suit, or proceeding
  359  in the circuit court shall pay to the clerk of court a filing
  360  fee set by the clerk in an amount not to exceed $50. For
  361  purposes of this section, a case is reopened when a case
  362  previously reported as disposed of is resubmitted to a court and
  363  includes petitions for modification of a final judgment of
  364  dissolution. A party is exempt from paying the fee for any of
  365  the following:
  366         1. A writ of garnishment;
  367         2. A writ of replevin;
  368         3. A distress writ;
  369         4. A writ of attachment;
  370         5. A motion for rehearing filed within 10 days;
  371         6. A motion for attorney’s fees filed within 30 days after
  372  entry of a judgment or final order;
  373         7. A motion for dismissal filed after a mediation agreement
  374  has been filed;
  375         8. A disposition of personal property without
  376  administration;
  377         9. Any probate case prior to the discharge of a personal
  378  representative;
  379         10. Any guardianship pleading prior to discharge;
  380         11. Any mental health pleading;
  381         12. Motions to withdraw by attorneys;
  382         13. Motions exclusively for the enforcement of child
  383  support orders;
  384         14. A petition for credit of child support;
  385         15. A Notice of Intent to Relocate and any order issuing as
  386  a result of an uncontested relocation;
  387         16. Stipulations;
  388         17. Responsive pleadings; or
  389         18. Cases in which there is no initial filing fee.
  390         (c)1. A party in addition to a party described in
  391  subparagraph (a)1. who files a pleading in an original civil
  392  action in circuit court for affirmative relief by cross-claim,
  393  counterclaim, counterpetition, or third-party complaint shall
  394  pay the clerk of court a fee of $295. The clerk shall remit the
  395  fee to the Department of Revenue for deposit into the General
  396  Revenue Fund.
  397         2. A party in addition to a party described in subparagraph
  398  (a)2. who files a pleading in an original civil action in
  399  circuit court for affirmative relief by cross-claim,
  400  counterclaim, counterpetition, or third-party complaint shall
  401  pay the clerk of court a graduated fee of:
  402         a. Two hundred and ninety-five dollars in all cases in
  403  which the value of the pleading is $50,000 or less;
  404         b. One thousand dollars in all cases in which the value of
  405  the pleading is more than $50,000 but less than $250,000; or
  406         c. Two thousand dollars in all cases in which the value of
  407  the pleading is $250,000 or more.
  408  
  409  The clerk shall remit the fees collected under this subparagraph
  410  to the Department of Revenue for deposit into the General
  411  Revenue Fund, except that the clerk shall remit $705 of the fee
  412  collected under sub-subparagraph b. and $1,705 of the fee
  413  collected under sub-subparagraph c. to the Department of Revenue
  414  for deposit into the State Courts Revenue Trust Fund.
  415         (d) The clerk of court shall collect a service charge of
  416  $10 for issuing a summons. The clerk shall assess the fee
  417  against the party seeking to have the summons issued.
  418         (2) Upon the institution of any appellate proceeding from
  419  any lower court to the circuit court of any such county,
  420  including appeals filed by a county or municipality as provided
  421  in s. 34.041(5), or from the circuit court to an appellate court
  422  of the state, the clerk shall charge and collect from the party
  423  or parties instituting such appellate proceedings a filing fee
  424  not to exceed $280 for filing a notice of appeal from the county
  425  court to the circuit court and, in addition to the filing fee
  426  required under s. 25.241 or s. 35.22, $100 for filing a notice
  427  of appeal from the circuit court to the district court of appeal
  428  or to the Supreme Court. If the party is determined to be
  429  indigent, the clerk shall defer payment of the fee. The clerk
  430  shall remit the first $80 to the Department of Revenue for
  431  deposit into the General Revenue Fund. One-third of the fee
  432  collected by the clerk in excess of $80 also shall be remitted
  433  to the Department of Revenue for deposit into the Clerks of the
  434  Court Trust Fund.
  435         (3) A filing fee may not be imposed upon a party for
  436  responding by pleading, motion, or other paper to a civil or
  437  criminal action, suit, proceeding, or appeal in a circuit court.
  438         (4) The fees prescribed in this section do not include the
  439  service charges required by law for the clerk as provided in s.
  440  28.24 or by other sections of the Florida Statutes. Filing fees
  441  authorized by this section may not be added to any civil penalty
  442  imposed by chapter 316 or chapter 318.
  443         (5) Filing fees for the institution or reopening of any
  444  civil action, suit, or proceeding in county court shall be
  445  charged and collected as provided in s. 34.041.
  446         (6) From each attorney appearing pro hac vice, the clerk of
  447  the circuit court shall collect a fee of $100 for deposit into
  448  the General Revenue Fund.
  449         Section 4. Subsection (1) of section 34.041, Florida
  450  Statutes, is amended to read:
  451         34.041 Filing fees.—
  452         (1)(a) Upon the institution of any civil action, suit, or
  453  proceeding in county court, the party shall pay the following
  454  filing fee, not to exceed:
  455         1. For all claims less than $100.....................$50.
  456         2. For all claims of $100 or more but not more
  457  than $500...................................................$75.
  458         3. For all claims of more than $500 but not more than
  459  $2,500.....................................................$170.
  460         4. For all claims of more than $2,500...............$295.
  461         5. In addition, for all proceedings of garnishment,
  462  attachment, replevin, and distress..........................$85.
  463         6. For removal of tenant action................$180 $265.
  464         (b) The first $80 of the filing fee collected under
  465  subparagraph (a)4. shall be remitted to the Department of
  466  Revenue for deposit into the General Revenue Fund. The next $15
  467  of the filing fee collected under subparagraph (a)4., and the
  468  first $15 of each filing fee collected under subparagraph (a)6.,
  469  shall be deposited in the state courts’ Mediation and
  470  Arbitration Trust Fund. One-third of any filing fees collected
  471  by the clerk under this section in excess of the first $95
  472  collected under subparagraph (a)4. shall be remitted to the
  473  Department of Revenue for deposit into the Department of Revenue
  474  Clerks of the Court Trust Fund. An additional filing fee of $4
  475  shall be paid to the clerk. The clerk shall transfer $3.50 to
  476  the Department of Revenue for deposit into the Court Education
  477  Trust Fund and shall transfer 50 cents to the Department of
  478  Revenue for deposit into the Department of Financial Services’
  479  Administrative Trust Fund to fund clerk education. Postal
  480  charges incurred by the clerk of the county court in making
  481  service by mail on defendants or other parties shall be paid by
  482  the party at whose instance service is made. Except as provided
  483  herein, filing fees and service charges for performing duties of
  484  the clerk relating to the county court shall be as provided in
  485  ss. 28.24 and 28.241. Except as otherwise provided herein, all
  486  filing fees shall be retained as fee income of the office of the
  487  clerk of circuit court. Filing fees imposed by this section may
  488  not be added to any penalty imposed by chapter 316 or chapter
  489  318.
  490         (c) A Any party in addition to other than a party described
  491  in paragraph (a) who files a pleading in an original civil
  492  action in the county court for affirmative relief by cross
  493  claim, counterclaim, counterpetition, or third-party complaint,
  494  or who files a notice of cross-appeal or notice of joinder or
  495  motion to intervene as an appellant, cross-appellant, or
  496  petitioner, shall pay the clerk of court a fee of $295 if the
  497  relief sought by the party under this paragraph exceeds $2,500.
  498  This fee does shall not apply if where the cross-claim,
  499  counterclaim, counterpetition, or third-party complaint requires
  500  transfer of the case from county to circuit court. The clerk
  501  shall remit the fee to the Department of Revenue for deposit
  502  into the General Revenue Fund.
  503         (d) The clerk of court shall collect a service charge of
  504  $10 for issuing a summons. The clerk shall assess the fee
  505  against the party seeking to have the summons issued.
  506         Section 5. Subsection (1) of section 318.15, Florida
  507  Statutes, as amended by section 2 of chapter 2009-6, Laws of
  508  Florida, is amended to read:
  509         318.15 Failure to comply with civil penalty or to appear;
  510  penalty.—
  511         (1)(a) If a person fails to comply with the civil penalties
  512  provided in s. 318.18 within the time period specified in s.
  513  318.14(4), fails to attend driver improvement school, or fails
  514  to appear at a scheduled hearing, the clerk of the court shall
  515  notify the Division of Driver Licenses of the Department of
  516  Highway Safety and Motor Vehicles of such failure within 10 days
  517  after such failure. Upon receipt of such notice, the department
  518  shall immediately issue an order suspending the driver’s license
  519  and privilege to drive of such person effective 20 days after
  520  the date the order of suspension is mailed in accordance with s.
  521  322.251(1), (2), and (6). Any such suspension of the driving
  522  privilege which has not been reinstated, including a similar
  523  suspension imposed outside Florida, shall remain on the records
  524  of the department for a period of 7 years from the date imposed
  525  and shall be removed from the records after the expiration of 7
  526  years from the date it is imposed.
  527         (b) However, a person who elects to attend driver
  528  improvement school and has paid the civil penalty as provided in
  529  s. 318.14(9), but who subsequently fails to attend the driver
  530  improvement school within the time specified by the court shall
  531  be deemed to have admitted the infraction and shall be
  532  adjudicated guilty. In such a case in which there was an 18
  533  percent reduction pursuant to s. 318.14(9) as it existed before
  534  February 1, 2009 prior to the effective date of this act, the
  535  person must pay the clerk of the court that amount and a
  536  processing fee of up to $18, after which no additional
  537  penalties, court costs, or surcharges shall be imposed for the
  538  violation. In all other such cases, the person must pay the
  539  clerk a processing fee of up to $18, after which no additional
  540  penalties, court costs, or surcharges shall be imposed for the
  541  violation. The clerk of the court shall notify the department of
  542  the person’s failure to attend driver improvement school and
  543  points shall be assessed pursuant to s. 322.27.
  544         Section 6. Section 497.2765, Florida Statutes, is amended
  545  to read:
  546         497.2765 Recording purchase of burial rights.—
  547         (1) Any person purchasing a burial right, belowground
  548  crypt, grave space, mausoleum, columbarium, ossuary, or
  549  scattering garden for the interment, entombment, inurnment, or
  550  other disposition of human remains shall may, at the person’s
  551  option, permanently record the purchase of the burial right,
  552  belowground crypt, grave space, mausoleum, columbarium, ossuary,
  553  or scattering garden with the clerk of the court in the county
  554  where the burial right, belowground crypt, grave space,
  555  mausoleum, columbarium, ossuary, or scattering garden is
  556  located. The recordation pursuant to this section is for the
  557  purpose of public notification and for the purpose of
  558  establishing a permanent record in the official records of the
  559  county; however, it does not create any priority of interest or
  560  ownership.
  561         (2) The clerk of the court shall record the evidence of the
  562  purchase of a burial right, belowground crypt, grave space,
  563  mausoleum, columbarium, ossuary, or scattering garden presented
  564  to him or her for recording upon payment of a fee of $20 the
  565  service charge as otherwise provided by law for the recording of
  566  each the purchase document documents in the official records.
  567  The recording fee shall be deposited into the Public Records
  568  Modernization Trust Fund and may be used for the purposes
  569  specified in s. 28.24(12)(e)1.
  570         Section 7. Each clerk of court shall implement an
  571  electronic filing process. The purpose of the electronic filing
  572  process is to reduce judicial costs in the office of the clerk
  573  and the judiciary, increase timeliness in the processing of
  574  cases, and provide the judiciary with case-related information
  575  to allow for improved judicial case management. The Legislature
  576  requests that, no later than July 1, 2009, the Supreme Court set
  577  statewide standards for electronic filing to be used by the
  578  clerks of court to implement electronic filing. The standards
  579  should specify the required information for the duties of the
  580  clerks of court and the judiciary for case management. The
  581  clerks of court shall begin implementation no later than October
  582  1, 2009. The Florida Clerks of Court Operations Corporation
  583  shall report to the President of the Senate and the Speaker of
  584  the House of Representatives by March 1, 2010, on the status of
  585  implementing electronic filing. The report shall include the
  586  detailed status of each clerk office’s implementation of an
  587  electronic filing process, and for those clerks who have not
  588  fully implemented electronic filing by March 1, 2010, a
  589  description of the additional steps needed and a projected
  590  timeline for full implementation. Revenues provided to counties
  591  and the clerk of court under s. 28.24(12)(e), Florida Statutes,
  592  for information technology may also be used to implement
  593  electronic filing processes.
  594         Section 8. Notwithstanding s. 28.36, Florida Statutes, the
  595  statewide budget cap for the clerks of court is $451,380,312 for