1 | Representative Schwartz offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove line(s) 28-116 and insert: |
5 | Section 1. Paragraph (a) of subsection (3) and subsection |
6 | (5) of section 25.241, Florida Statutes, are amended to read: |
7 | 25.241 Clerk of Supreme Court; compensation; assistants; |
8 | filing fees, etc.-- |
9 | (3)(a) The Clerk of the Supreme Court is hereby required |
10 | to collect, upon the filing of a certified copy of a notice of |
11 | appeal or petition, $350 $300 for each case docketed, and for |
12 | copying, certifying, or furnishing opinions, records, papers, or |
13 | other instruments, except as otherwise herein provided, the same |
14 | fees that are allowed clerks of the circuit court; however, no |
15 | fee shall be less than $1. The State of Florida or its agencies, |
16 | when appearing as appellant or petitioner, is exempt from the |
17 | filing fees required in this subsection. From each attorney |
18 | appearing pro hac vice, the Clerk of the Supreme Court shall |
19 | collect an additional fee of $100 to be deposited into the |
20 | General Revenue Fund. |
21 | (5) The Clerk of the Supreme Court is hereby required to |
22 | prepare a statement of all fees collected each month and remit |
23 | such statement, together with all fees collected by him or her, |
24 | to the Chief Financial Officer. The Chief Financial Officer |
25 | shall deposit $300 $250 of each $350 $300 filing fee and all |
26 | other fees collected into the General Revenue Fund. The Chief |
27 | Financial Officer shall deposit $50 of each filing fee collected |
28 | into the state court's Operating Trust Fund to fund court |
29 | improvement projects as authorized in the General Appropriations |
30 | Act. |
31 | Section 2. Effective August 1, 2009, subsections (1), (2), |
32 | and (3) of section 28.2401, Florida Statutes, are amended to |
33 | read: |
34 | 28.2401 Filing fees and service charges in probate |
35 | matters.-- |
36 | (1) Except when otherwise provided, the clerk shall may |
37 | charge filing fees and impose service charges for the following |
38 | probate matters services, not to exceed the following amounts: |
39 | (a) For the opening of any estate of one document or more, |
40 | including, but not limited to, petitions and orders to approve |
41 | settlement of minor's claims; to open a safe-deposit box; to |
42 | enter rooms and places; for the determination of heirs, if not |
43 | formal administration; and for a foreign guardian to manage |
44 | property of a nonresident; but not to include issuance of |
45 | letters or order of summary administration....$115 |
46 | (b) Caveat....$40 |
47 | (c) Petition and order to admit foreign wills, |
48 | authenticated copies, exemplified copies, or transcript to |
49 | record....$115 |
50 | (d) For disposition of personal property without |
51 | administration....$115 |
52 | (e) Summary administration--estates valued at $1,000 or |
53 | more....$225 |
54 | (f) Summary administration--estates valued at less than |
55 | $1,000....$115 |
56 | (g) Formal administration, guardianship, ancillary, |
57 | curatorship, or conservatorship proceedings.... $330 $280 |
58 | (h) Guardianship proceedings of person only... .$115 |
59 | (i) Veterans' guardianship pursuant to chapter 744....$115 |
60 | (j) Exemplified certificates....$7 |
61 | (k) Petition for determination of incompetency....$115 |
62 | (2) The clerk shall remit any filing fees above $330 in |
63 | probate matters to the Department of Revenue for deposit into |
64 | the State Courts Revenue Trust Fund. Upon application by the |
65 | clerk and a showing of extraordinary circumstances, the service |
66 | charges set forth in this section may be increased in an |
67 | individual matter by order of the circuit court before which the |
68 | matter is pending, to more adequately compensate for the |
69 | services performed. |
70 | (3) An additional service charge of $4 on petitions |
71 | seeking summary administration, formal administration, ancillary |
72 | administration, guardianship, curatorship, and conservatorship |
73 | shall be paid to the clerk. The clerk shall transfer $3.50 to |
74 | the Department of Revenue for deposit into the Court Education |
75 | Trust Fund and shall transfer 50 cents to the Department of |
76 | Revenue for deposit into the Department of Financial Services' |
77 | Administrative Trust Fund to fund clerk education. No additional |
78 | fees, charges, or costs shall be added to the filing fees or |
79 | service charges imposed under this section, except as authorized |
80 | by general law. |
81 | Section 3. Paragraphs (a) and (c) of subsection (1) of |
82 | section 28.241, Florida Statutes, are amended, and subsection |
83 | (7) is added to that section, to read: |
84 | 28.241 Filing fees for trial and appellate proceedings.-- |
85 | (1)(a) The party instituting any civil action, suit, or |
86 | proceeding in the circuit court shall pay to the clerk of that |
87 | court a filing fee of up to $345 $295 in all cases in which |
88 | there are not more than five defendants and an additional filing |
89 | fee of up to $2.50 for each defendant in excess of five. Of the |
90 | first $85 in filing fees, $80 must be remitted by the clerk to |
91 | the Department of Revenue for deposit into the General Revenue |
92 | Fund, and $5 must be remitted to the Department of Revenue for |
93 | deposit into the Department of Financial Services' |
94 | Administrative Trust Fund to fund the contract with the Florida |
95 | Clerks of Court Operations Corporation created in s. 28.35. The |
96 | next $15 of the filing fee collected shall be deposited in the |
97 | state courts' Mediation and Arbitration Trust Fund. One-third of |
98 | any filing fees collected by the clerk of the circuit court in |
99 | excess of $100 shall be remitted to the Department of Revenue |
100 | for deposit into the Department of Revenue Clerks of the Court |
101 | Trust Fund. An additional filing fee of $4 shall be paid to the |
102 | clerk. The clerk shall remit $3.50 to the Department of Revenue |
103 | for deposit into the Court Education Trust Fund and shall remit |
104 | 50 cents to the Department of Revenue for deposit into the |
105 | Department of Financial Services Administrative Trust Fund to |
106 | fund clerk education. An additional filing fee of up to $18 |
107 | shall be paid by the party seeking each severance that is |
108 | granted. The clerk may impose an additional filing fee of up to |
109 | $85 for all proceedings of garnishment, attachment, replevin, |
110 | and distress. Postal charges incurred by the clerk of the |
111 | circuit court in making service by certified or registered mail |
112 | on defendants or other parties shall be paid by the party at |
113 | whose instance service is made. No additional fees, charges, or |
114 | costs shall be added to the filing fees imposed under this |
115 | section, except as authorized herein or by general law. |
116 | (c) Any party in addition to other than a party described |
117 | in paragraph (a) who files a pleading in an original civil |
118 | action in circuit court for affirmative relief by cross-claim, |
119 | counterclaim, counterpetition, or third-party complaint shall |
120 | pay the clerk of court a fee of $345 $295. The clerk shall remit |
121 | the fee to the Department of Revenue for deposit into the |
122 | General Revenue Fund. |
123 | (7) The party instituting an action for injunction against |
124 | repeat violence under s. 784.046 shall pay to the clerk of the |
125 | court a filing fee of $200. The clerk shall remit this fee to |
126 | the Department of Revenue for deposit into the State Courts |
127 | Revenue Trust Fund. |
128 | Section 4. Paragraphs (a) and (c) of subsection (1) of |
129 | section 34.041, Florida Statutes, are amended to read: |
130 | 34.041 Filing fees.-- |
131 | (1)(a) Upon the institution of any civil action, suit, or |
132 | proceeding in county court, the party shall pay the following |
133 | filing fee, not to exceed: |
134 | 1. For all claims less than $100....$50. |
135 | 2. For all claims of $100 or more but not more than |
136 | $500....$75. |
137 | 3. For all claims of more than $500 but not more than |
138 | $2,500....$170. |
139 | 4. For all claims of more than $2,500.... $345 $295. |
140 | 5. In addition, for all proceedings of garnishment, |
141 | attachment, replevin, and distress....$85. |
142 | 6. For removal of tenant action....$265. |
143 | (c) Any party in addition to other than a party described |
144 | in paragraph (a) who files a pleading in an original civil |
145 | action in the county court for affirmative relief by cross- |
146 | claim, counterclaim, counterpetition, or third-party complaint, |
147 | or who files a notice of cross-appeal or notice of joinder or |
148 | motion to intervene as an appellant, cross-appellant, or |
149 | petitioner, shall pay the clerk of court a fee of $345 $295 if |
150 | the |
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156 | T I T L E A M E N D M E N T |
157 | Remove line(s) 2-13 and insert: |
158 | An act relating to court finances; amending s. 25.241, F.S.; |
159 | increasing a filing fee; providing for remission and deposit of |
160 | such fee; amending s. 28.2401, F.S.; requiring the clerk of |
161 | court to charge filing fees and services charges in certain |
162 | probate matters; increasing a filing fee; providing for |
163 | remission and deposit of such filing fees and service charges; |
164 | prohibiting adding additional fees, charges, or costs to filing |
165 | fees under certain circumstances; amending s. 28.241, F.S.; |
166 | increasing certain filing fees; expanding the parties subject to |
167 | certain filing fees; providing an additional filing fee in trial |
168 | and appellate proceedings for a party instituting an injunction |
169 | action against repeat violence; providing for remission and |
170 | deposit of such fee; amending s. 34.041, F.S.; increasing |
171 | certain filing fees; expanding the parties subject to certain |
172 | filing |