| 1 | The Conference Committee on HB 5405 offered the following: |
| 2 |
|
| 3 | Conference Committee Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Paragraph (a) of subsection (1) of section |
| 6 | 28.241, Florida Statutes, is amended to read: |
| 7 | 28.241 Filing fees for trial and appellate proceedings.- |
| 8 | (1)(a)1.a. Except as provided in sub-subparagraph b. and |
| 9 | subparagraph 2., the party instituting any civil action, suit, |
| 10 | or proceeding in the circuit court shall pay to the clerk of |
| 11 | that court a filing fee of up to $395 in all cases in which |
| 12 | there are not more than five defendants and an additional filing |
| 13 | fee of up to $2.50 for each defendant in excess of five. Of the |
| 14 | first $280 $265 in filing fees, $80 must be remitted by the |
| 15 | clerk to the Department of Revenue for deposit into the General |
| 16 | Revenue Fund, $195 $180 must be remitted to the Department of |
| 17 | Revenue for deposit into the State Courts Revenue Trust Fund, |
| 18 | $3.50 must be remitted to the Department of Revenue for deposit |
| 19 | into the Clerks of the Court Trust Fund within the Justice |
| 20 | Administrative Commission and used to fund the Florida Clerks of |
| 21 | Court Operations Corporation created in s. 28.35, and $1.50 |
| 22 | shall be remitted to the Department of Revenue for deposit into |
| 23 | the Administrative Trust Fund within the Department of Financial |
| 24 | Services to fund clerk budget reviews conducted by the |
| 25 | Department of Financial Services. The next $15 of the filing fee |
| 26 | collected shall be deposited in the state courts' Mediation and |
| 27 | Arbitration Trust Fund. One third of any filing fees collected |
| 28 | by the clerk of the circuit court in excess of $100 shall be |
| 29 | remitted to the Department of Revenue for deposit into the |
| 30 | Clerks of the Court Trust Fund within the Justice Administrative |
| 31 | Commission. |
| 32 | b. The party instituting any civil action, suit, or |
| 33 | proceeding in the circuit court under chapter 39, chapter 61, |
| 34 | chapter 741, chapter 742, chapter 747, chapter 752, or chapter |
| 35 | 753 shall pay to the clerk of that court a filing fee of up to |
| 36 | $295 in all cases in which there are not more than five |
| 37 | defendants and an additional filing fee of up to $2.50 for each |
| 38 | defendant in excess of five. Of the first $180 $165 in filing |
| 39 | fees, $80 must be remitted by the clerk to the Department of |
| 40 | Revenue for deposit into the General Revenue Fund, $95 $80 must |
| 41 | be remitted to the Department of Revenue for deposit into the |
| 42 | State Courts Revenue Trust Fund, $3.50 must be remitted to the |
| 43 | Department of Revenue for deposit into the Clerks of the Court |
| 44 | Trust Fund within the Justice Administrative Commission and used |
| 45 | to fund the Florida Clerks of Court Operations Corporation |
| 46 | created in s. 28.35, and $1.50 shall be remitted to the |
| 47 | Department of Revenue for deposit into the Administrative Trust |
| 48 | Fund within the Department of Financial Services to fund clerk |
| 49 | budget reviews conducted by the Department of Financial |
| 50 | Services. The next $15 of the filing fee collected shall be |
| 51 | deposited in the state courts' Mediation and Arbitration Trust |
| 52 | Fund. |
| 53 | c. An additional filing fee of $4 shall be paid to the |
| 54 | clerk. The clerk shall remit $3.50 to the Department of Revenue |
| 55 | for deposit into the Court Education Trust Fund and shall remit |
| 56 | 50 cents to the Department of Revenue for deposit into the |
| 57 | Clerks of the Court Trust Fund within the Justice Administrative |
| 58 | Commission to fund clerk education. An additional filing fee of |
| 59 | up to $18 shall be paid by the party seeking each severance that |
| 60 | is granted. The clerk may impose an additional filing fee of up |
| 61 | to $85 for all proceedings of garnishment, attachment, replevin, |
| 62 | and distress. Postal charges incurred by the clerk of the |
| 63 | circuit court in making service by certified or registered mail |
| 64 | on defendants or other parties shall be paid by the party at |
| 65 | whose instance service is made. No additional fees, charges, or |
| 66 | costs shall be added to the filing fees imposed under this |
| 67 | section, except as authorized in this section or by general law. |
| 68 | 2.a. Notwithstanding the fees prescribed in subparagraph |
| 69 | 1., a party instituting a civil action in circuit court relating |
| 70 | to real property or mortgage foreclosure shall pay a graduated |
| 71 | filing fee based on the value of the claim. |
| 72 | b. A party shall estimate in writing the amount in |
| 73 | controversy of the claim upon filing the action. For purposes of |
| 74 | this subparagraph, the value of a mortgage foreclosure action is |
| 75 | based upon the principal due on the note secured by the |
| 76 | mortgage, plus interest owed on the note and any moneys advanced |
| 77 | by the lender for property taxes, insurance, and other advances |
| 78 | secured by the mortgage, at the time of filing the foreclosure. |
| 79 | The value shall also include the value of any tax certificates |
| 80 | related to the property. In stating the value of a mortgage |
| 81 | foreclosure claim, a party shall declare in writing the total |
| 82 | value of the claim, as well as the individual elements of the |
| 83 | value as prescribed in this sub-subparagraph. |
| 84 | c. In its order providing for the final disposition of the |
| 85 | matter, the court shall identify the actual value of the claim. |
| 86 | The clerk shall adjust the filing fee if there is a difference |
| 87 | between the estimated amount in controversy and the actual value |
| 88 | of the claim and collect any additional filing fee owed or |
| 89 | provide a refund of excess filing fee paid. |
| 90 | d. The party shall pay a filing fee of: |
| 91 | (I) Three hundred and ninety-five dollars in all cases in |
| 92 | which the value of the claim is $50,000 or less and in which |
| 93 | there are not more than five defendants. The party shall pay an |
| 94 | additional filing fee of up to $2.50 for each defendant in |
| 95 | excess of five. Of the first $280 $265 in filing fees, $80 must |
| 96 | be remitted by the clerk to the Department of Revenue for |
| 97 | deposit into the General Revenue Fund, $195 $180 must be |
| 98 | remitted to the Department of Revenue for deposit into the State |
| 99 | Courts Revenue Trust Fund, $3.50 must be remitted to the |
| 100 | Department of Revenue for deposit into the Clerks of the Court |
| 101 | Trust Fund within the Justice Administrative Commission and used |
| 102 | to fund the Florida Clerks of Court Operations Corporation |
| 103 | created in s. 28.35, and $1.50 shall be remitted to the |
| 104 | Department of Revenue for deposit into the Administrative Trust |
| 105 | Fund within the Department of Financial Services to fund clerk |
| 106 | budget reviews conducted by the Department of Financial |
| 107 | Services. The next $15 of the filing fee collected shall be |
| 108 | deposited in the state courts' Mediation and Arbitration Trust |
| 109 | Fund; |
| 110 | (II) Nine hundred dollars in all cases in which the value |
| 111 | of the claim is more than $50,000 but less than $250,000 and in |
| 112 | which there are not more than five defendants. The party shall |
| 113 | pay an additional filing fee of up to $2.50 for each defendant |
| 114 | in excess of five. Of the first $785 $770 in filing fees, $80 |
| 115 | must be remitted by the clerk to the Department of Revenue for |
| 116 | deposit into the General Revenue Fund, $700 $685 must be |
| 117 | remitted to the Department of Revenue for deposit into the State |
| 118 | Courts Revenue Trust Fund, $3.50 must be remitted to the |
| 119 | Department of Revenue for deposit into the Clerks of the Court |
| 120 | Trust Fund within the Justice Administrative Commission and used |
| 121 | to fund the Florida Clerks of Court Operations Corporation |
| 122 | described in s. 28.35, and $1.50 shall be remitted to the |
| 123 | Department of Revenue for deposit into the Administrative Trust |
| 124 | Fund within the Department of Financial Services to fund clerk |
| 125 | budget reviews conducted by the Department of Financial |
| 126 | Services. The next $15 of the filing fee collected shall be |
| 127 | deposited in the state courts' Mediation and Arbitration Trust |
| 128 | Fund; or |
| 129 | (III) One thousand nine hundred dollars in all cases in |
| 130 | which the value of the claim is $250,000 or more and in which |
| 131 | there are not more than five defendants. The party shall pay an |
| 132 | additional filing fee of up to $2.50 for each defendant in |
| 133 | excess of five. Of the first $1,785 $1,770 in filing fees, $80 |
| 134 | must be remitted by the clerk to the Department of Revenue for |
| 135 | deposit into the General Revenue Fund, $1,700 $1,685 must be |
| 136 | remitted to the Department of Revenue for deposit into the State |
| 137 | Courts Revenue Trust Fund, $3.50 must be remitted to the |
| 138 | Department of Revenue for deposit into the Clerks of the Court |
| 139 | Trust Fund within the Justice Administrative Commission to fund |
| 140 | the Florida Clerks of Court Operations Corporation created in s. |
| 141 | 28.35, and $1.50 shall be remitted to the Department of Revenue |
| 142 | for deposit into the Administrative Trust Fund within the |
| 143 | Department of Financial Services to fund clerk budget reviews |
| 144 | conducted by the Department of Financial Services. The next $15 |
| 145 | of the filing fee collected shall be deposited in the state |
| 146 | courts' Mediation and Arbitration Trust Fund. |
| 147 | e. An additional filing fee of $4 shall be paid to the |
| 148 | clerk. The clerk shall remit $3.50 to the Department of Revenue |
| 149 | for deposit into the Court Education Trust Fund and shall remit |
| 150 | 50 cents to the Department of Revenue for deposit into the |
| 151 | Clerks of the Court Trust Fund within the Justice Administrative |
| 152 | Commission to fund clerk education. An additional filing fee of |
| 153 | up to $18 shall be paid by the party seeking each severance that |
| 154 | is granted. The clerk may impose an additional filing fee of up |
| 155 | to $85 for all proceedings of garnishment, attachment, replevin, |
| 156 | and distress. Postal charges incurred by the clerk of the |
| 157 | circuit court in making service by certified or registered mail |
| 158 | on defendants or other parties shall be paid by the party at |
| 159 | whose instance service is made. No additional fees, charges, or |
| 160 | costs shall be added to the filing fees imposed under this |
| 161 | section, except as authorized in this section or by general law. |
| 162 | Section 2. Paragraph (b) of subsection (1) of section |
| 163 | 34.041, Florida Statutes, is amended to read: |
| 164 | 34.041 Filing fees.- |
| 165 | (1) |
| 166 | (b) The first $80 of the filing fee collected under |
| 167 | subparagraph (a)4. shall be remitted to the Department of |
| 168 | Revenue for deposit into the General Revenue Fund. The next $15 |
| 169 | of the filing fee collected under subparagraph (a)4., and the |
| 170 | first $10 of the filing fee collected under subparagraph (a)7., |
| 171 | shall be deposited in the State Courts Revenue state courts' |
| 172 | Mediation and Arbitration Trust Fund. An additional filing fee |
| 173 | of $4 shall be paid to the clerk. The clerk shall transfer $3.50 |
| 174 | to the Department of Revenue for deposit into the Court |
| 175 | Education Trust Fund and shall transfer 50 cents to the |
| 176 | Department of Revenue for deposit into the Clerks of the Court |
| 177 | Trust Fund within the Justice Administrative Commission to fund |
| 178 | clerk education. Postal charges incurred by the clerk of the |
| 179 | county court in making service by mail on defendants or other |
| 180 | parties shall be paid by the party at whose instance service is |
| 181 | made. Except as provided herein, filing fees and service charges |
| 182 | for performing duties of the clerk relating to the county court |
| 183 | shall be as provided in ss. 28.24 and 28.241. Except as |
| 184 | otherwise provided herein, all filing fees shall be remitted to |
| 185 | the Department of Revenue for deposit into the Clerks of the |
| 186 | Court Trust Fund within the Justice Administrative Commission. |
| 187 | Filing fees imposed by this section may not be added to any |
| 188 | penalty imposed by chapter 316 or chapter 318. |
| 189 | Section 3. Subsection (7) of section 35.22, Florida |
| 190 | Statutes, is amended to read: |
| 191 | 35.22 Clerk of district court; appointment; compensation; |
| 192 | assistants; filing fees; teleconferencing.- |
| 193 | (7) The clerk of the district court of appeal is |
| 194 | authorized to collect a fee from the parties to an appeal |
| 195 | reflecting the actual cost of conducting the proceeding through |
| 196 | teleconferencing where the parties have requested that an oral |
| 197 | argument or mediation be conducted through teleconferencing. The |
| 198 | fee collected for this purpose shall be used to offset the |
| 199 | expenses associated with scheduling the teleconference and shall |
| 200 | be deposited in the State Courts Revenue Mediation/Arbitration |
| 201 | Trust Fund. |
| 202 | Section 4. Section 44.108, Florida Statutes, is amended to |
| 203 | read: |
| 204 | 44.108 Funding of mediation and arbitration.- |
| 205 | (1) Mediation and arbitration should be accessible to all |
| 206 | parties regardless of financial status. A filing fee of $1 is |
| 207 | levied on all proceedings in the circuit or county courts to |
| 208 | fund mediation and arbitration services which are the |
| 209 | responsibility of the Supreme Court pursuant to the provisions |
| 210 | of s. 44.106. The clerk of the court shall forward the moneys |
| 211 | collected to the Department of Revenue for deposit in the State |
| 212 | Courts Revenue state courts' Mediation and Arbitration Trust |
| 213 | Fund. |
| 214 | (2) When court-ordered mediation services are provided by |
| 215 | a circuit court's mediation program, the following fees, unless |
| 216 | otherwise established in the General Appropriations Act, shall |
| 217 | be collected by the clerk of court: |
| 218 | (a) One-hundred twenty dollars per person per scheduled |
| 219 | session in family mediation when the parties' combined income is |
| 220 | greater than $50,000, but less than $100,000 per year; |
| 221 | (b) Sixty dollars per person per scheduled session in |
| 222 | family mediation when the parties' combined income is less than |
| 223 | $50,000; or |
| 224 | (c) Sixty dollars per person per scheduled session in |
| 225 | county court cases. |
| 226 |
|
| 227 | No mediation fees shall be assessed under this subsection in |
| 228 | residential eviction cases, against a party found to be |
| 229 | indigent, or for any small claims action. Fees collected by the |
| 230 | clerk of court pursuant to this section shall be remitted to the |
| 231 | Department of Revenue for deposit into the State Courts Revenue |
| 232 | state courts' Mediation and Arbitration Trust Fund to fund |
| 233 | court-ordered mediation. The clerk of court may deduct $1 per |
| 234 | fee assessment for processing this fee. The clerk of the court |
| 235 | shall submit to the chief judge of the circuit and to the Office |
| 236 | of the State Courts Administrator, no later than 30 days after |
| 237 | the end of each quarter of the fiscal year, beginning July 1, |
| 238 | 2008, a report specifying the amount of funds collected and |
| 239 | remitted to the State Courts Revenue state courts' Mediation and |
| 240 | Arbitration Trust Fund under this section and any other section |
| 241 | during the previous quarter of the fiscal year. In addition to |
| 242 | identifying the total aggregate collections and remissions from |
| 243 | all "statutory sources, the report must identify collections and |
| 244 | remissions by each statutory source. |
| 245 | (3) For the 2010-2011 fiscal year only and notwithstanding |
| 246 | any other provision of law to the contrary, moneys in the |
| 247 | Mediation and Arbitration Trust Fund may be used as specified in |
| 248 | the General Appropriations Act. This subsection expires July 1, |
| 249 | 2011. |
| 250 | Section 5. This act shall take effect June 1, 2011. |
| 251 |
|
| 252 | ----------------------------------------------------- |
| 253 | T I T L E A M E N D M E N T |
| 254 | Remove the entire title and insert: |
| 255 | A bill to be entitled |
| 256 | An act relating to trust funds of the state courts system; |
| 257 | amending s. 28.241, F.S.; redirecting proceeds from part |
| 258 | of a filing fee from the state courts' Mediation and |
| 259 | Arbitration Trust Fund to the State Courts Revenue Trust |
| 260 | Fund; amending s. 34.041, F.S.; redirecting the proceeds |
| 261 | from a part of a filing fee from the state courts' |
| 262 | Mediation and Arbitration Trust Fund to the State Courts |
| 263 | Revenue Trust Fund; amending s. 35.22, F.S.; redirecting |
| 264 | the proceeds from a fee from the Mediation/Arbitration |
| 265 | Trust Fund to the State Courts Revenue Trust Fund; |
| 266 | amending s. 44.108, F.S.; redirecting the proceeds from a |
| 267 | part of specified fees from the state courts' Mediation |
| 268 | and Arbitration Trust Fund to the State Courts Revenue |
| 269 | Trust Fund; deleting an obsolete provision relating to use |
| 270 | of moneys in the Mediation and Arbitration Trust Fund; |
| 271 | providing an effective date. |