Florida Senate - 2009                                    SB 2250
       
       
       
       By Senator Crist
       
       
       
       
       12-01107A-09                                          20092250__
    1                        A bill to be entitled                      
    2         An act relating to court filing fees for evictions;
    3         amending s. 34.041, F.S.; reducing the filing fee for
    4         civil actions filed to remove a tenant from possession
    5         of real property; creating a filing fee for civil
    6         actions filed to remove a tenant from possession of
    7         real property and to seek damages from the tenant;
    8         requiring that certain filing fees be deposited in the
    9         state courts’ Mediation and Arbitration Trust Fund;
   10         providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraphs(a)and (b) of subsection (1) of
   15  section 34.041, Florida Statutes, are amended to read:
   16         34.041 Filing fees.—
   17         (1)(a) Upon the institution of any civil action, suit, or
   18  proceeding in county court, the party shall pay the following
   19  filing fee, not to exceed:
   20         1. For all claims less than $100.....................$50.
   21         2. For all claims of $100 or more but not more
   22  than $500...................................................$75.
   23         3. For all claims of more than $500 but not more than
   24  $2,500.....................................................$170.
   25         4. For all claims of more than $2,500...............$295.
   26         5. In addition, for all proceedings of garnishment,
   27  attachment, replevin, and distress..........................$85.
   28         6. For removal of tenant action for possession..$90 $265.
   29         7. For removal of tenant action for possession and
   30  damages.....................................................$265
   31         (b) The first $80 of the filing fee collected under
   32  subparagraph (a)4. shall be remitted to the Department of
   33  Revenue for deposit into the General Revenue Fund. The next $15
   34  of the filing fee collected under subparagraph (a)4., and the
   35  first $15 of each filing fee collected under subparagraph (a)6.
   36  or subparagraph (a)7., shall be deposited in the state courts’
   37  Mediation and Arbitration Trust Fund. One-third of any filing
   38  fees collected by the clerk under this section in excess of the
   39  first $95 collected under subparagraph (a)4. shall be remitted
   40  to the Department of Revenue for deposit into the Department of
   41  Revenue Clerks of the Court Trust Fund. An additional filing fee
   42  of $4 shall be paid to the clerk. The clerk shall transfer $3.50
   43  to the Department of Revenue for deposit into the Court
   44  Education Trust Fund and shall transfer 50 cents to the
   45  Department of Revenue for deposit into the Department of
   46  Financial Services’ Administrative Trust Fund to fund clerk
   47  education. Postal charges incurred by the clerk of the county
   48  court in making service by mail on defendants or other parties
   49  shall be paid by the party at whose instance service is made.
   50  Except as provided herein, filing fees and service charges for
   51  performing duties of the clerk relating to the county court
   52  shall be as provided in ss. 28.24 and 28.241. Except as
   53  otherwise provided herein, all filing fees shall be retained as
   54  fee income of the office of the clerk of circuit court. Filing
   55  fees imposed by this section may not be added to any penalty
   56  imposed by chapter 316 or chapter 318.
   57         Section 2. This act shall take effect July 1, 2009.