HB 5117

1
A bill to be entitled
2An act relating to court finances; amending s. 28.241,
3F.S.; specifying for graduated filing fees based upon
4claim values  imposed on parties instituting certain real
5property foreclosures civil actions; providing
6requirements for determining claim values; providing a
7graduated fee schedule; providing for allocation of
8portions of the fees; specifying trust fund deposit
9requirements for fee portions; authorizing clerks of court
10to impose additional filing fees; specifying postal
11charges; expanding the parties subject to certain filing
12fees; amending s. 34.041, F.S.; expanding the parties
13subject to certain filing fees; amending s. 318.15, F.S.;
14revising provisions for reimbursement of a reduction in
15certain civil penalties relating to noncriminal traffic
16infractions; requesting the Supreme Court to modify
17certain judicial rules to implement changes made by the
18act; providing a declaration of important state interest;
19providing effective dates.
20
21Be It Enacted by the Legislature of the State of Florida:
22     Section 1.  Paragraphs (a) and (c) of subsection (1) of
23section 28.241, Florida Statutes, are amended to read:
24     28.241  Filing fees for trial and appellate proceedings.--
25     (1)(a)1.  Except as provided in subparagraph 2., the party
26instituting any civil action, suit, or proceeding in the circuit
27court shall pay to the clerk of that court a filing fee of up to
28$295 in all cases in which there are not more than five
29defendants and an additional filing fee of up to $2.50 for each
30defendant in excess of five. Of the first $85 in filing fees,
31$80 must be remitted by the clerk to the Department of Revenue
32for deposit into the General Revenue Fund, and $5 must be
33remitted to the Department of Revenue for deposit into the
34Department of Financial Services' Administrative Trust Fund to
35fund the contract with the Florida Clerks of Court Operations
36Corporation created in s. 28.35. The next $15 of the filing fee
37collected shall be deposited in the state courts' Mediation and
38Arbitration Trust Fund. One-third of any filing fees collected
39by the clerk of the circuit court in excess of $100 shall be
40remitted to the Department of Revenue for deposit into the
41Department of Revenue Clerks of the Court Trust Fund. An
42additional filing fee of $4 shall be paid to the clerk. The
43clerk shall remit $3.50 to the Department of Revenue for deposit
44into the Court Education Trust Fund and shall remit 50 cents to
45the Department of Revenue for deposit into the Department of
46Financial Services Administrative Trust Fund to fund clerk
47education. An additional filing fee of up to $18 shall be paid
48by the party seeking each severance that is granted. The clerk
49may impose an additional filing fee of up to $85 for all
50proceedings of garnishment, attachment, replevin, and distress.
51Postal charges incurred by the clerk of the circuit court in
52making service by certified or registered mail on defendants or
53other parties shall be paid by the party at whose instance
54service is made. No additional fees, charges, or costs shall be
55added to the filing fees imposed under this section, except as
56authorized herein or by general law.
57     2.a.  Notwithstanding the fees prescribed in subparagraph
581., a party instituting a civil action in circuit court for
59foreclosure on residential or commercial real property secured
60by a mortgage shall pay a graduated filing fee based on the
61value of the claim.
62     b.  A party shall estimate the amount in controversy of the
63claim upon filing the action. The value of a foreclosure action
64for the purpose of determining the filing fee is based upon the
65principal due on the note secured by the mortgage, plus interest
66owed on the note at the time of filing the foreclosure, plus any
67property taxes owed at the time of the filing of the
68foreclosure. In its order providing for the final disposition of
69the matter, the court shall identify the actual value of the
70claim. The clerk shall adjust the filing fee if there is a
71difference between the estimated amount in controversy and the
72actual value of the claim.
73     c.  The party shall pay a filing fee of:
74     (I)  The amount of $295 in all cases in which the value of
75the claim is $50,000 or less and in which there are not more
76than five defendants. The party shall pay an additional filing
77fee of up to $2.50 for each defendant in excess of five. Of the
78first $85 in filing fees, $80 shall be remitted by the clerk to
79the Department of Revenue for deposit into the General Revenue
80Fund and $5 shall be remitted to the Department of Revenue for
81deposit into the Department of Financial Services'
82Administrative Trust Fund to fund the contract with the Florida
83Clerks of Court Operations Corporation created in s. 28.35. The
84next $15 of the filing fee collected shall be deposited into the
85state courts' Mediation and Arbitration Trust Fund. An
86additional filing fee of $4 shall be paid to the clerk. The
87clerk shall remit $3.50 to the Department of Revenue for deposit
88into the Court Education Trust Fund and 50 cents to the
89Department of Revenue for deposit into the Department of
90Financial Services' Administrative Trust Fund to fund clerk
91education. An additional filing fee of up to $18 shall be paid
92by the party seeking each severance that is granted. The clerk
93may impose an additional filing fee of up to $85 for each
94proceeding of garnishment, attachment, replevin, and distress.
95Postal charges incurred by the clerk of the circuit court in
96making service by certified or registered mail on defendants or
97other parties shall be paid by the party at whose instance
98service is made. No additional fees, charges, or costs shall be
99added to the filing fees imposed under this section, except as
100authorized herein or by general law.
101     (II)  The amount of $635 in all cases in which the value of
102the claim is more than $50,000 but less than $250,000 and in
103which there are not more than five defendants. The party shall
104pay an additional filing fee of up to $2.50 for each defendant
105in excess of five. Of the first $425 in filing fees, $80 shall  
106be remitted by the clerk to the Department of Revenue for
107deposit into the General Revenue Fund, $340 shall be remitted to
108the Department of Revenue for deposit into the State Courts
109Revenue Trust Fund, and $5 shall be remitted to the Department
110of Revenue for deposit into the Department of Financial
111Services' Administrative Trust Fund to fund the contract with
112the Florida Clerks of Court Operations Corporation described in
113s. 28.35. The next $15 of the filing fee collected shall be
114deposited in the state courts' Mediation and Arbitration Trust
115Fund. An additional filing fee of $4 shall be paid to the clerk.
116The clerk shall remit $3.50 to the Department of Revenue for
117deposit into the Court Education Trust Fund and 50 cents to the
118Department of Revenue for deposit into the Department of
119Financial Services' Administrative Trust Fund to fund clerk
120education. An additional filing fee of up to $18 shall be paid
121by the party seeking each severance that is granted. The clerk
122may impose an additional filing fee of up to $85 for each
123proceeding of garnishment, attachment, replevin, and distress.
124Postal charges incurred by the clerk of the circuit court in
125making service by certified or registered mail on defendants or
126other parties shall be paid by the party at whose instance
127service is made. No additional fees, charges, or costs shall be
128added to the filing fees imposed under this section, except as
129authorized herein or by general law.
130     (III)  The amount of $975 in all cases in which the value
131of the claim is more than $250,000 and in which there are not
132more than five defendants. The party shall pay an additional
133filing fee of up to $2.50 for each defendant in excess of five.
134Of the first $765 in filing fees, $80 shall be remitted by the
135clerk to the Department of Revenue for deposit into the General
136Revenue Fund, $680 shall be remitted to the Department of
137Revenue for deposit into the State Courts Revenue Trust Fund,
138and $5 shall be remitted to the Department of Revenue for
139deposit into the Department of Financial Services'
140Administrative Trust Fund to fund the contract with the Florida
141Clerks of Court Operations Corporation created in s. 28.35. The
142next $15 of the filing fee collected shall be deposited in the
143state courts' Mediation and Arbitration Trust Fund. An
144additional filing fee of $4 shall be paid to the clerk. The
145clerk shall remit $3.50 to the Department of Revenue for deposit
146into the Court Education Trust Fund and 50 cents to the
147Department of Revenue for deposit into the Department of
148Financial Services' Administrative Trust Fund to fund clerk
149education. An additional filing fee of up to $18 shall be paid
150by the party seeking each severance that is granted. The clerk
151may impose an additional filing fee of up to $85 for each
152proceeding of garnishment, attachment, replevin, and distress.
153Postal charges incurred by the clerk of the circuit court in
154making service by certified or registered mail on defendants or
155other parties shall be paid by the party at whose instance
156service is made. No additional fees, charges, or costs shall be
157added to the filing fees imposed under this section, except as
158authorized herein or by general law.
159     (c)  Any party in addition to other than a party described
160in paragraph (a) who files a pleading in an original civil
161action in circuit court for affirmative relief by cross-claim,
162counterclaim, counterpetition, or third-party complaint shall
163pay the clerk of court a fee of $295. The clerk shall remit the
164fee to the Department of Revenue for deposit into the General
165Revenue Fund.
166     Section 2.  Paragraph (c) of subsection (1) of section
16734.041, Florida Statutes, is amended to read:
168     34.041  Filing fees.--
169     (1)
170     (c)  Any party in addition to other than a party described
171in paragraph (a) who files a pleading in an original civil
172action in the county court for affirmative relief by cross-
173claim, counterclaim, counterpetition, or third-party complaint,
174or who files a notice of cross-appeal or notice of joinder or
175motion to intervene as an appellant, cross-appellant, or
176petitioner, shall pay the clerk of court a fee of $295 if the
177relief sought by the party under this paragraph exceeds $2,500.
178This fee shall not apply where the cross-claim, counterclaim,
179counterpetition, or third-party complaint requires transfer of
180the case from county to circuit court. The clerk shall remit the
181fee to the Department of Revenue for deposit into the General
182Revenue Fund.
183     Section 3.  Paragraph (b) of subsection (1) of section
184318.15, Florida Statutes, as amended by chapter 2009-6, Laws of
185Florida, is amended to read:
186     318.15  Failure to comply with civil penalty or to appear;
187penalty.--
188     (1)
189     (b)  However, a person who elects to attend driver
190improvement school and has paid the civil penalty as provided in
191s. 318.14(9), but who subsequently fails to attend the driver
192improvement school within the time specified by the court shall
193be deemed to have admitted the infraction and shall be
194adjudicated guilty. In such a case in which there was an 18-
195percent reduction pursuant to s. 318.14(9) as it existed prior
196to February 1, 2009 the effective date of this act, the person
197must pay the clerk of the court that amount. Any person who
198elects to attend driver improvement school but fails to attend
199through completion shall pay and a processing fee of up to $18,
200after which no additional penalties, court costs, or surcharges
201shall be imposed for the violation. The clerk of the court shall
202notify the department of the person's failure to attend driver
203improvement school, and points shall be assessed pursuant to s.
204322.27.
205     Section 6.  The Legislature requests that the Supreme Court
206modify judicial rules associated with filing fees to implement
207the changes provided for in this act.
208     Section 7.  The Legislature determines and declares that
209this act fulfills an important state interest.
210     Section 8.  This act shall take effect June 1, 2009.
211


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