HB 5117

1
A bill to be entitled
2An act relating to court finances; amending s. 28.2401,
3F.S.; providing for additional filing fees and service
4charges for certain probate matters; providing for
5remission and deposit of such fees and charges;
6prohibiting adding additional fees, charges, or costs to
7filing fees under certain circumstances; amending s.
828.241, F.S.; expanding the parties subject to certain
9filing fees; providing an additional filing fee in trial
10and appellate proceedings for a party instituting an
11injunction action against repeat violence; providing for
12remission and deposit of such fee; amending s. 34.041,
13F.S.; expanding the parties subject to certain filing
14fees; amending s. 318.15, F.S.; revising provisions for
15reimbursement of a reduction in certain civil penalties
16relating to noncriminal traffic infractions; amending s.
17784.046, F.S.; deleting a prohibition against assessment
18of a filing fee for a petition for protection against
19repeat violence; requiring respondents in certain sexual
20violence or dating violence cases to pay certain court
21costs and reimburse certain filing fees; requesting the
22Supreme Court to modify certain judicial rules to
23implement changes made by the act; providing a declaration
24of important state interest; providing effective dates.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Effective August 1, 2009, subsections (1), (2),
29and (3) of section 28.2401, Florida Statutes, are amended to
30read:
31     28.2401  Filing fees and service charges in probate
32matters.--
33     (1)  Except when otherwise provided, the clerk shall may
34charge filing fees and impose service charges for the following
35probate matters services, not to exceed the following amounts:
36     (a)  For the opening of any estate of one document or more,
37including, but not limited to, petitions and orders to approve
38settlement of minor's claims; to open a safe-deposit box; to
39enter rooms and places; for the determination of heirs, if not
40formal administration; and for a foreign guardian to manage
41property of a nonresident; but not to include issuance of
42letters or order of summary administration....$115
43     (b)  Caveat....$40
44     (c)  Petition and order to admit foreign wills,
45authenticated copies, exemplified copies, or transcript to
46record....$115
47     (d)  For disposition of personal property without
48administration....$115
49     (e)  Summary administration--estates valued at $1,000 or
50more....$225
51     (f)  Summary administration--estates valued at less than
52$1,000....$115
53     (g)  Formal administration, guardianship, ancillary,
54curatorship, or conservatorship proceedings for estates valued
55at less than $75,000....$280
56     (h)  Formal administration, guardianship, ancillary,
57curatorship, or conservatorship proceedings for estates valued
58from $75,000 to $250,000....$1,000
59     (i)  Formal administration, guardianship, ancillary,
60curatorship, or conservatorship proceedings for estates valued
61from $250,001 to $1 million....$2,000
62     (j)  Formal administration, guardianship, ancillary,
63curatorship, or conservatorship proceedings for estates valued
64at more than $1 million....$5,000
65     (k)(h)  Guardianship proceedings of person only....$115
66     (l)(i)  Veterans' guardianship pursuant to chapter
67744....$115
68     (m)(j)  Exemplified certificates....$7
69     (n)(k)  Petition for determination of incompetency....$115
70     (2)  The clerk shall remit any filing fees above $280 in
71probate matters to the Department of Revenue for deposit into
72the State Courts Revenue Trust Fund. Upon application by the
73clerk and a showing of extraordinary circumstances, the service
74charges set forth in this section may be increased in an
75individual matter by order of the circuit court before which the
76matter is pending, to more adequately compensate for the
77services performed.
78     (3)  An additional service charge of $4 on petitions
79seeking summary administration, formal administration, ancillary
80administration, guardianship, curatorship, and conservatorship
81shall be paid to the clerk. The clerk shall transfer $3.50 to
82the Department of Revenue for deposit into the Court Education
83Trust Fund and shall transfer 50 cents to the Department of
84Revenue for deposit into the Department of Financial Services'
85Administrative Trust Fund to fund clerk education. No additional
86fees, charges, or costs shall be added to the filing fees or
87service charges imposed under this section, except as authorized
88by general law.
89     Section 2.  Paragraph (c) of subsection (1) of section
9028.241, Florida Statutes, is amended, and subsection (7) is
91added to that section, to read:
92     28.241  Filing fees for trial and appellate proceedings.--
93     (1)
94     (c)  Any party in addition to other than a party described
95in paragraph (a) who files a pleading in an original civil
96action in circuit court for affirmative relief by cross-claim,
97counterclaim, counterpetition, or third-party complaint shall
98pay the clerk of court a fee of $295. The clerk shall remit the
99fee to the Department of Revenue for deposit into the General
100Revenue Fund.
101     (7)  The party instituting an action for injunction against
102repeat violence under s. 784.046 shall pay to the clerk of the
103court a filing fee of $200. The clerk shall remit this fee to
104the Department of Revenue for deposit into the State Courts
105Revenue Trust Fund.
106     Section 3.  Paragraph (c) of subsection (1) of section
10734.041, Florida Statutes, is amended to read:
108     34.041  Filing fees.--
109     (1)
110     (c)  Any party in addition to other than a party described
111in paragraph (a) who files a pleading in an original civil
112action in the county court for affirmative relief by cross-
113claim, counterclaim, counterpetition, or third-party complaint,
114or who files a notice of cross-appeal or notice of joinder or
115motion to intervene as an appellant, cross-appellant, or
116petitioner, shall pay the clerk of court a fee of $295 if the
117relief sought by the party under this paragraph exceeds $2,500.
118This fee shall not apply where the cross-claim, counterclaim,
119counterpetition, or third-party complaint requires transfer of
120the case from county to circuit court. The clerk shall remit the
121fee to the Department of Revenue for deposit into the General
122Revenue Fund.
123     Section 4.  Paragraph (b) of subsection (1) of section
124318.15, Florida Statutes, as amended by chapter 2009-6, Laws of
125Florida, is amended to read:
126     318.15  Failure to comply with civil penalty or to appear;
127penalty.--
128     (1)
129     (b)  However, a person who elects to attend driver
130improvement school and has paid the civil penalty as provided in
131s. 318.14(9), but who subsequently fails to attend the driver
132improvement school within the time specified by the court shall
133be deemed to have admitted the infraction and shall be
134adjudicated guilty. In such a case in which there was an 18-
135percent reduction pursuant to s. 318.14(9) as it existed prior
136to February 1, 2009 the effective date of this act, the person
137must pay the clerk of the court that amount. Any person who
138elects to attend driver improvement school but fails to attend
139through completion shall pay and a processing fee of up to $18,
140after which no additional penalties, court costs, or surcharges
141shall be imposed for the violation. The clerk of the court shall
142notify the department of the person's failure to attend driver
143improvement school, and points shall be assessed pursuant to s.
144322.27.
145     Section 5.  Paragraph (b) of subsection (3) and subsection
146(7) of section 784.046, Florida Statutes, are amended to read:
147     784.046  Action by victim of repeat violence, sexual
148violence, or dating violence for protective injunction; dating
149violence investigations, notice to victims, and reporting;
150pretrial release violations.--
151     (3)
152     (b)  Notwithstanding any other law, the clerk of the court
153may not assess a fee for filing a petition for protection
154against repeat violence, sexual violence, or dating violence.
155However, subject to legislative appropriation, the clerk of the
156court may, each quarter, submit to the Office of the State
157Courts Administrator a certified request for reimbursement for
158petitions for protection issued by the court under this section
159at the rate of $40 per petition for sexual violence or dating
160violence. The request for reimbursement shall be submitted in
161the form and manner prescribed by the Office of the State Courts
162Administrator. From this reimbursement, the clerk shall pay the
163law enforcement agency serving the injunction the fee requested
164by the law enforcement agency; however, this fee may not exceed
165$20.
166     (7)(a)  Upon notice and hearing, the court may grant such
167relief as the court deems proper, including an injunction:
168     1.(a)  Enjoining the respondent from committing any acts of
169violence.
170     2.(b)  Ordering such other relief as the court deems
171necessary for the protection of the petitioner, including
172injunctions or directives to law enforcement agencies, as
173provided in this section.
174     (b)(c)  The terms of the injunction shall remain in full
175force and effect until modified or dissolved. Either party may
176move at any time to modify or dissolve the injunction. Such
177relief may be granted in addition to other civil or criminal
178remedies.
179     (c)(d)  A temporary or final judgment on injunction for
180protection against repeat violence, sexual violence, or dating
181violence entered pursuant to this section shall, on its face,
182indicate that:
183     1.  The injunction is valid and enforceable in all counties
184of the State of Florida.
185     2.  Law enforcement officers may use their arrest powers
186pursuant to s. 901.15(6) to enforce the terms of the injunction.
187     3.  The court had jurisdiction over the parties and matter
188under the laws of Florida and that reasonable notice and
189opportunity to be heard was given to the person against whom the
190order is sought sufficient to protect that person's right to due
191process.
192     4.  The date that the respondent was served with the
193temporary or final order, if obtainable.
194     (d)  The respondent in a case of sexual violence or dating
195violence shall pay a court cost of $200 to be remitted by the
196clerk to the Department of Revenue for deposit into the State
197Courts Revenue Trust Fund. In addition, the respondent in a case
198of repeat violence shall be ordered to pay the petitioner $200
199to reimburse the petitioner for the filing fee paid pursuant to
200s. 28.241(7).
201     Section 6.  The Legislature requests that the Supreme Court
202modify judicial rules associated with filing fees to implement
203the changes provided for in this act.
204     Section 7.  The Legislature determines and declares that
205this act fulfills an important state interest.
206     Section 8.  Except as otherwise expressly provided in this
207act, this act shall take effect June 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.