HB 5405

1
A bill to be entitled
2An act relating to trust funds of the state courts system;
3amending s. 25.384, F.S.; conforming provisions to changes
4made by the act; amending s. 28.2401, F.S.; redirecting
5proceeds from a specified service charge from the Court
6Education Trust Fund to the State Courts Revenue Trust
7Fund; amending s. 28.241, F.S.; redirecting proceeds from
8part of a filing fee from the state courts' Mediation and
9Arbitration Trust Fund to the State Courts Revenue Trust
10Fund; redirecting the proceeds from certain additional
11filing fees from the Court Education Trust Fund to the
12State Courts Revenue Trust Fund; amending s. 34.041, F.S.;
13redirecting the proceeds from a part of a filing fee from
14the state courts' Mediation and Arbitration Trust Fund to
15the State Courts Revenue Trust Fund; redirecting the
16proceeds from a part of an additional filing fee from the
17Court Education Trust Fund to the State Courts Revenue
18Trust Fund; amending s. 35.22, F.S.; redirecting the
19proceeds from a fee from the Mediation/Arbitration Trust
20Fund to the State Courts Revenue Trust Fund; amending s.
2144.108, F.S.; redirecting the proceeds from a part of
22specified fees from the state courts' Mediation and
23Arbitration Trust Fund to the State Courts Revenue Trust
24Fund; deleting an obsolete provision relating to use of
25moneys in the Mediation and Arbitration Trust Fund;
26providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Subsection (4) of section 25.384, Florida
31Statutes, is renumbered as subsection (3), and present
32subsection (3) of that section is amended to read:
33     25.384  Court Education Trust Fund.-
34     (3)  The trust fund shall be funded with moneys generated
35from fees assessed pursuant to ss. 28.241(1) and 28.2401(3).
36     Section 2.  Subsection (3) of section 28.2401, Florida
37Statutes, is amended to read:
38     28.2401  Service charges and filing fees in probate
39matters.-
40     (3)  An additional service charge of $4 on petitions
41seeking summary administration, formal administration, ancillary
42administration, guardianship, curatorship, and conservatorship
43shall be paid to the clerk. The clerk shall transfer $3.50 to
44the Department of Revenue for deposit into the State Courts
45Revenue Court Education Trust Fund and shall transfer 50 cents
46to the Department of Revenue for deposit into the Department of
47Financial Services' Administrative Trust Fund to fund clerk
48education. No additional fees, charges, or costs shall be added
49to the service charges or filing fees imposed under this
50section, except as authorized by general law.
51     Section 3.  Paragraph (a) of subsection (1) of section
5228.241, Florida Statutes, is amended to read:
53     28.241  Filing fees for trial and appellate proceedings.-
54     (1)(a)1.a.  Except as provided in sub-subparagraph b. and
55subparagraph 2., the party instituting any civil action, suit,
56or proceeding in the circuit court shall pay to the clerk of
57that court a filing fee of up to $395 in all cases in which
58there are not more than five defendants and an additional filing
59fee of up to $2.50 for each defendant in excess of five. Of the
60first $280 $265 in filing fees, $80 must be remitted by the
61clerk to the Department of Revenue for deposit into the General
62Revenue Fund, $195 $180 must be remitted to the Department of
63Revenue for deposit into the State Courts Revenue Trust Fund,
64$3.50 must be remitted to the Department of Revenue for deposit
65into the Clerks of the Court Trust Fund within the Justice
66Administrative Commission and used to fund the Florida Clerks of
67Court Operations Corporation created in s. 28.35, and $1.50
68shall be remitted to the Department of Revenue for deposit into
69the Administrative Trust Fund within the Department of Financial
70Services to fund clerk budget reviews conducted by the
71Department of Financial Services. The next $15 of the filing fee
72collected shall be deposited in the state courts' Mediation and
73Arbitration Trust Fund. One third of any filing fees collected
74by the clerk of the circuit court in excess of $100 shall be
75remitted to the Department of Revenue for deposit into the
76Clerks of the Court Trust Fund within the Justice Administrative
77Commission.
78     b.  The party instituting any civil action, suit, or
79proceeding in the circuit court under chapter 39, chapter 61,
80chapter 741, chapter 742, chapter 747, chapter 752, or chapter
81753 shall pay to the clerk of that court a filing fee of up to
82$295 in all cases in which there are not more than five
83defendants and an additional filing fee of up to $2.50 for each
84defendant in excess of five. Of the first $180 $165 in filing
85fees, $80 must be remitted by the clerk to the Department of
86Revenue for deposit into the General Revenue Fund, $95 $80 must
87be remitted to the Department of Revenue for deposit into the
88State Courts Revenue Trust Fund, $3.50 must be remitted to the
89Department of Revenue for deposit into the Clerks of the Court
90Trust Fund within the Justice Administrative Commission and used
91to fund the Florida Clerks of Court Operations Corporation
92created in s. 28.35, and $1.50 shall be remitted to the
93Department of Revenue for deposit into the Administrative Trust
94Fund within the Department of Financial Services to fund clerk
95budget reviews conducted by the Department of Financial
96Services. The next $15 of the filing fee collected shall be
97deposited in the state courts' Mediation and Arbitration Trust
98Fund.
99     c.  An additional filing fee of $4 shall be paid to the
100clerk. The clerk shall remit $3.50 to the Department of Revenue
101for deposit into the State Courts Revenue Court Education Trust
102Fund and shall remit 50 cents to the Department of Revenue for
103deposit into the Clerks of the Court Trust Fund within the
104Justice Administrative Commission to fund clerk education. An
105additional filing fee of up to $18 shall be paid by the party
106seeking each severance that is granted. The clerk may impose an
107additional filing fee of up to $85 for all proceedings of
108garnishment, attachment, replevin, and distress. Postal charges
109incurred by the clerk of the circuit court in making service by
110certified or registered mail on defendants or other parties
111shall be paid by the party at whose instance service is made. No
112additional fees, charges, or costs shall be added to the filing
113fees imposed under this section, except as authorized in this
114section or by general law.
115     2.a.  Notwithstanding the fees prescribed in subparagraph
1161., a party instituting a civil action in circuit court relating
117to real property or mortgage foreclosure shall pay a graduated
118filing fee based on the value of the claim.
119     b.  A party shall estimate in writing the amount in
120controversy of the claim upon filing the action. For purposes of
121this subparagraph, the value of a mortgage foreclosure action is
122based upon the principal due on the note secured by the
123mortgage, plus interest owed on the note and any moneys advanced
124by the lender for property taxes, insurance, and other advances
125secured by the mortgage, at the time of filing the foreclosure.
126The value shall also include the value of any tax certificates
127related to the property. In stating the value of a mortgage
128foreclosure claim, a party shall declare in writing the total
129value of the claim, as well as the individual elements of the
130value as prescribed in this sub-subparagraph.
131     c.  In its order providing for the final disposition of the
132matter, the court shall identify the actual value of the claim.
133The clerk shall adjust the filing fee if there is a difference
134between the estimated amount in controversy and the actual value
135of the claim and collect any additional filing fee owed or
136provide a refund of excess filing fee paid.
137     d.  The party shall pay a filing fee of:
138     (I)  Three hundred and ninety-five dollars in all cases in
139which the value of the claim is $50,000 or less and in which
140there are not more than five defendants. The party shall pay an
141additional filing fee of up to $2.50 for each defendant in
142excess of five. Of the first $280 $265 in filing fees, $80 must
143be remitted by the clerk to the Department of Revenue for
144deposit into the General Revenue Fund, $195 $180 must be
145remitted to the Department of Revenue for deposit into the State
146Courts Revenue Trust Fund, $3.50 must be remitted to the
147Department of Revenue for deposit into the Clerks of the Court
148Trust Fund within the Justice Administrative Commission and used
149to fund the Florida Clerks of Court Operations Corporation
150created in s. 28.35, and $1.50 shall be remitted to the
151Department of Revenue for deposit into the Administrative Trust
152Fund within the Department of Financial Services to fund clerk
153budget reviews conducted by the Department of Financial
154Services. The next $15 of the filing fee collected shall be
155deposited in the state courts' Mediation and Arbitration Trust
156Fund;
157     (II)  Nine hundred dollars in all cases in which the value
158of the claim is more than $50,000 but less than $250,000 and in
159which there are not more than five defendants. The party shall
160pay an additional filing fee of up to $2.50 for each defendant
161in excess of five. Of the first $785 $770 in filing fees, $80
162must be remitted by the clerk to the Department of Revenue for
163deposit into the General Revenue Fund, $700 $685 must be
164remitted to the Department of Revenue for deposit into the State
165Courts Revenue Trust Fund, $3.50 must be remitted to the
166Department of Revenue for deposit into the Clerks of the Court
167Trust Fund within the Justice Administrative Commission and used
168to fund the Florida Clerks of Court Operations Corporation
169described in s. 28.35, and $1.50 shall be remitted to the
170Department of Revenue for deposit into the Administrative Trust
171Fund within the Department of Financial Services to fund clerk
172budget reviews conducted by the Department of Financial
173Services. The next $15 of the filing fee collected shall be
174deposited in the state courts' Mediation and Arbitration Trust
175Fund; or
176     (III)  One thousand nine hundred dollars in all cases in
177which the value of the claim is $250,000 or more and in which
178there are not more than five defendants. The party shall pay an
179additional filing fee of up to $2.50 for each defendant in
180excess of five. Of the first $1,785 $1,770 in filing fees, $80
181must be remitted by the clerk to the Department of Revenue for
182deposit into the General Revenue Fund, $1,700 $1,685 must be
183remitted to the Department of Revenue for deposit into the State
184Courts Revenue Trust Fund, $3.50 must be remitted to the
185Department of Revenue for deposit into the Clerks of the Court
186Trust Fund within the Justice Administrative Commission to fund
187the Florida Clerks of Court Operations Corporation created in s.
18828.35, and $1.50 shall be remitted to the Department of Revenue
189for deposit into the Administrative Trust Fund within the
190Department of Financial Services to fund clerk budget reviews
191conducted by the Department of Financial Services. The next $15
192of the filing fee collected shall be deposited in the state
193courts' Mediation and Arbitration Trust Fund.
194     e.  An additional filing fee of $4 shall be paid to the
195clerk. The clerk shall remit $3.50 to the Department of Revenue
196for deposit into the State Courts Revenue Court Education Trust
197Fund and shall remit 50 cents to the Department of Revenue for
198deposit into the Clerks of the Court Trust Fund within the
199Justice Administrative Commission to fund clerk education. An
200additional filing fee of up to $18 shall be paid by the party
201seeking each severance that is granted. The clerk may impose an
202additional filing fee of up to $85 for all proceedings of
203garnishment, attachment, replevin, and distress. Postal charges
204incurred by the clerk of the circuit court in making service by
205certified or registered mail on defendants or other parties
206shall be paid by the party at whose instance service is made. No
207additional fees, charges, or costs shall be added to the filing
208fees imposed under this section, except as authorized in this
209section or by general law.
210     Section 4.  Paragraph (b) of subsection (1) of section
21134.041, Florida Statutes, is amended to read:
212     34.041  Filing fees.-
213     (1)
214     (b)  The first $80 of the filing fee collected under
215subparagraph (a)4. shall be remitted to the Department of
216Revenue for deposit into the General Revenue Fund. The next $15
217of the filing fee collected under subparagraph (a)4., and the
218first $10 of the filing fee collected under subparagraph (a)7.,
219shall be deposited in the State Courts Revenue state courts'
220Mediation and Arbitration Trust Fund. An additional filing fee
221of $4 shall be paid to the clerk. The clerk shall transfer $3.50
222to the Department of Revenue for deposit into the State Courts
223Revenue Court Education Trust Fund and shall transfer 50 cents
224to the Department of Revenue for deposit into the Clerks of the
225Court Trust Fund within the Justice Administrative Commission to
226fund clerk education. Postal charges incurred by the clerk of
227the county court in making service by mail on defendants or
228other parties shall be paid by the party at whose instance
229service is made. Except as provided herein, filing fees and
230service charges for performing duties of the clerk relating to
231the county court shall be as provided in ss. 28.24 and 28.241.
232Except as otherwise provided herein, all filing fees shall be
233remitted to the Department of Revenue for deposit into the
234Clerks of the Court Trust Fund within the Justice Administrative
235Commission. Filing fees imposed by this section may not be added
236to any penalty imposed by chapter 316 or chapter 318.
237     Section 5.  Subsection (7) of section 35.22, Florida
238Statutes, is amended to read:
239     35.22  Clerk of district court; appointment; compensation;
240assistants; filing fees; teleconferencing.-
241     (7)  The clerk of the district court of appeal is
242authorized to collect a fee from the parties to an appeal
243reflecting the actual cost of conducting the proceeding through
244teleconferencing where the parties have requested that an oral
245argument or mediation be conducted through teleconferencing. The
246fee collected for this purpose shall be used to offset the
247expenses associated with scheduling the teleconference and shall
248be deposited in the State Courts Revenue Mediation/Arbitration
249Trust Fund.
250     Section 6.  Section 44.108, Florida Statutes, is amended to
251read:
252     44.108  Funding of mediation and arbitration.-
253     (1)  Mediation and arbitration should be accessible to all
254parties regardless of financial status. A filing fee of $1 is
255levied on all proceedings in the circuit or county courts to
256fund mediation and arbitration services which are the
257responsibility of the Supreme Court pursuant to the provisions
258of s. 44.106. The clerk of the court shall forward the moneys
259collected to the Department of Revenue for deposit in the State
260Courts Revenue state courts' Mediation and Arbitration Trust
261Fund.
262     (2)  When court-ordered mediation services are provided by
263a circuit court's mediation program, the following fees, unless
264otherwise established in the General Appropriations Act, shall
265be collected by the clerk of court:
266     (a)  One-hundred twenty dollars per person per scheduled
267session in family mediation when the parties' combined income is
268greater than $50,000, but less than $100,000 per year;
269     (b)  Sixty dollars per person per scheduled session in
270family mediation when the parties' combined income is less than
271$50,000; or
272     (c)  Sixty dollars per person per scheduled session in
273county court cases.
274
275No mediation fees shall be assessed under this subsection in
276residential eviction cases, against a party found to be
277indigent, or for any small claims action. Fees collected by the
278clerk of court pursuant to this section shall be remitted to the
279Department of Revenue for deposit into the State Courts Revenue
280state courts' Mediation and Arbitration Trust Fund to fund
281court-ordered mediation. The clerk of court may deduct $1 per
282fee assessment for processing this fee. The clerk of the court
283shall submit to the chief judge of the circuit and to the Office
284of the State Courts Administrator, no later than 30 days after
285the end of each quarter of the fiscal year, beginning July 1,
2862008, a report specifying the amount of funds collected and
287remitted to the State Courts Revenue state courts' Mediation and
288Arbitration Trust Fund under this section and any other section
289during the previous quarter of the fiscal year. In addition to
290identifying the total aggregate collections and remissions from
291all "statutory sources, the report must identify collections and
292remissions by each statutory source.
293     (3)  For the 2010-2011 fiscal year only and notwithstanding
294any other provision of law to the contrary, moneys in the
295Mediation and Arbitration Trust Fund may be used as specified in
296the General Appropriations Act. This subsection expires July 1,
2972011.
298     Section 7.  This act shall take effect July 1, 2011.


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