Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 328
       
       
       
       
       
       
                                Ì588776eÎ588776                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: NC/2R          .                                
             05/02/2019 11:39 AM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective January 1, 2020, subsection (2) of
    6  section 28.241, Florida Statutes, is amended to read:
    7         28.241 Filing fees for trial and appellate proceedings.—
    8         (2)(a) Upon the institution of any appellate proceeding
    9  from any lower court to the circuit court of any such county,
   10  including appeals filed by a county or municipality as provided
   11  in s. 34.041(5), or from the circuit court to an appellate court
   12  of the state, the clerk shall charge and collect from the party
   13  or parties instituting such appellate proceedings:
   14         1. A filing fee not to exceed $280 for filing a notice of
   15  appeal from the county court to the circuit court, excluding a
   16  civil case in which the matter in controversy was more than
   17  $15,000.
   18         2.A filing fee not to exceed $400 for filing a notice of
   19  appeal from the county court to the circuit court for a civil
   20  case in which the matter in controversy was more than $15,000.
   21  The clerk shall remit $270 of each filing fee collected under
   22  this subparagraph to the Department of Revenue for deposit into
   23  the General Revenue Fund and the clerk shall remit $50 of each
   24  filing fee to the Department of Revenue for deposit into the
   25  State Courts Revenue Trust Fund to fund court operations as
   26  authorized in the General Appropriations Act. The clerk shall
   27  retain an accounting of each such remittance. and,
   28         3. In addition to the filing fee required under s. 25.241
   29  or s. 35.22, $100 for filing a notice of appeal from the circuit
   30  court to the district court of appeal or to the Supreme Court.
   31         (b) If the party is determined to be indigent, the clerk
   32  shall defer payment of the fee otherwise required by this
   33  subsection.
   34         Section 2. Paragraph (f) of subsection (2) of section
   35  28.35, Florida Statutes, is amended to read:
   36         28.35 Florida Clerks of Court Operations Corporation.—
   37         (2) The duties of the corporation shall include the
   38  following:
   39         (f) Approving the proposed budgets submitted by clerks of
   40  the court pursuant to s. 28.36. The corporation must ensure that
   41  the total combined budgets of the clerks of the court do not
   42  exceed the total estimated revenues from fees, service charges,
   43  costs, and fines for court-related functions available for
   44  court-related expenditures as determined by the most recent
   45  Revenue Estimating Conference, plus the total of unspent
   46  budgeted funds for court-related functions carried forward by
   47  the clerks of the court from the previous county fiscal year and
   48  plus the balance of funds remaining in the Clerk of the Court
   49  Trust Fund after the transfer of funds to the General Revenue
   50  Fund required pursuant to s. 28.37(3)(b). The corporation may
   51  amend any individual clerk of the court budget to ensure
   52  compliance with this paragraph and must consider performance
   53  measures, workload performance standards, workload measures, and
   54  expense data before modifying the budget. As part of this
   55  process, the corporation shall:
   56         1. Calculate the minimum amount of revenue necessary for
   57  each clerk of the court to efficiently perform the list of
   58  court-related functions specified in paragraph (3)(a). The
   59  corporation shall apply the workload measures appropriate for
   60  determining the individual level of review required to fund the
   61  clerk’s budget.
   62         2. Prepare a cost comparison of similarly situated clerks
   63  of the court, based on county population and numbers of filings,
   64  using the standard list of court-related functions specified in
   65  paragraph (3)(a).
   66         3. Conduct an annual base budget review and an annual
   67  budget exercise examining the total budget of each clerk of the
   68  court. The review shall examine revenues from all sources,
   69  expenses of court-related functions, and expenses of noncourt
   70  related functions as necessary to determine that court-related
   71  revenues are not being used for noncourt-related purposes. The
   72  review and exercise shall identify potential targeted budget
   73  reductions in the percentage amount provided in Schedule VIII-B
   74  of the state’s previous year’s legislative budget instructions,
   75  as referenced in s. 216.023(3), or an equivalent schedule or
   76  instruction as may be adopted by the Legislature.
   77         4. Identify those proposed budgets containing funding for
   78  items not included on the standard list of court-related
   79  functions specified in paragraph (3)(a).
   80         5. Identify those clerks projected to have court-related
   81  revenues insufficient to fund their anticipated court-related
   82  expenditures.
   83         6. Use revenue estimates based on the official estimate for
   84  funds from fees, service charges, costs, and fines for court
   85  related functions accruing to the clerks of the court made by
   86  the Revenue Estimating Conference, as well as any unspent
   87  budgeted funds for court-related functions carried forward by
   88  the clerks of the court from the previous county fiscal year and
   89  the balance of funds remaining in the Clerk of the Court Trust
   90  Fund after the transfer of funds to the General Revenue Fund
   91  required pursuant to s. 28.37(3)(b). The total combined budgets
   92  of the clerks of the court may not exceed the revenue estimates
   93  established by the most recent Revenue Estimating Conference.
   94         7. Identify pay and benefit increases in any proposed clerk
   95  budget, including, but not limited to, cost of living increases,
   96  merit increases, and bonuses.
   97         8. Identify increases in anticipated expenditures in any
   98  clerk budget that exceeds the current year budget by more than 3
   99  percent.
  100         9. Identify the budget of any clerk which exceeds the
  101  average budget of similarly situated clerks by more than 10
  102  percent.
  103  
  104  For the purposes of this paragraph, the term “unspent budgeted
  105  funds for court-related functions” means undisbursed funds
  106  included in the clerks of the courts budgets for court-related
  107  functions established pursuant to this section and s. 28.36.
  108         Section 3. Paragraph (b) of subsection (2) of section
  109  28.36, Florida Statutes, is amended to read:
  110         28.36 Budget procedure.—There is established a budget
  111  procedure for the court-related functions of the clerks of the
  112  court.
  113         (2) Each proposed budget shall further conform to the
  114  following requirements:
  115         (b) The proposed budget must be balanced such that the
  116  total of the estimated revenues available equals or exceeds the
  117  total of the anticipated expenditures. Such revenues include
  118  revenue projected to be received from fees, service charges,
  119  costs, and fines for court-related functions during the fiscal
  120  period covered by the budget, plus the total of unspent budgeted
  121  funds for court-related functions carried forward by the clerk
  122  of the court from the previous county fiscal year and plus the
  123  portion of the balance of funds remaining in the Clerk of the
  124  Court Trust Fund after the transfer of funds to the General
  125  Revenue Fund required pursuant to s. 28.37(3)(b) which has been
  126  allocated to each respective clerk of the court by the Clerk of
  127  Courts Corporation. For the purposes of this paragraph, the term
  128  “unspent budgeted funds for court-related functions” means
  129  undisbursed funds included in the clerk of the courts’ budget
  130  for court related functions established pursuant to s. 28.35 and
  131  this section. The anticipated expenditures must be itemized as
  132  required by the corporation.
  133         Section 4. Subsection (3) of section 28.37, Florida
  134  Statutes, is amended to read:
  135         28.37 Fines, fees, service charges, and costs remitted to
  136  the state.—
  137         (3)(a) Each year, no later than January 25, 2015, and each
  138  January 25 thereafter for the previous county fiscal year, the
  139  clerks of court, in consultation with the Florida Clerks of
  140  Court Operations Corporation, shall remit to the Department of
  141  Revenue for deposit in the Clerks of the Court Trust Fund
  142  General Revenue Fund the cumulative excess of all fines, fees,
  143  service charges, and costs retained by the clerks of the court,
  144  plus any funds received by the clerks of the court from the
  145  Clerks of the Court Trust Fund under s. 28.36(3), which exceed
  146  the amount needed to meet their authorized budget amounts
  147  established under s. 28.35.
  148         (b)1. No later than February 1, 2020, the Department of
  149  Revenue shall transfer from the Clerks of the Court Trust Fund
  150  to the General Revenue Fund the sum of the cumulative excess of
  151  all fines, fees, service charges, and costs submitted by the
  152  clerks of court pursuant to subsection (2) and the cumulative
  153  excess of all fines, fees, service charges, and costs remitted
  154  by the clerks of court pursuant to paragraph (a) in excess of
  155  $10 million.
  156         2. No later than February 1, 2021, the Department of
  157  Revenue shall transfer from the Clerks of the Court Trust Fund
  158  to the General Revenue Fund not less than 50 percent of the sum
  159  of the cumulative excess of all fines, fees, service charges,
  160  and costs submitted by the clerks of court pursuant to
  161  subsection (2) and the cumulative excess of all fines, fees,
  162  service charges, and costs remitted by the clerks of court
  163  pursuant to paragraph (a); provided however, the balance
  164  remaining in the Clerks of Courts Trust Fund after such transfer
  165  may not be more than $20 million.
  166         3.No later than February 1, 2022, the Department of
  167  Revenue shall transfer from the Clerks of the Court Trust Fund
  168  to the General Revenue Fund not less than 50 percent of the sum
  169  of the cumulative excess of all fines, fees, service charges,
  170  and costs submitted by the clerks of court pursuant to
  171  subsection (2) and the cumulative excess of all fines, fees,
  172  service charges, and costs remitted by the clerks of court
  173  pursuant to paragraph (a); provided however, the balance
  174  remaining in the Clerks of Courts Trust Fund after such transfer
  175  may not be more than $20 million.
  176         4.No later than February 1, 2023, and each February 1
  177  thereafter, the Department of Revenue shall transfer from the
  178  Clerks of the Court Trust Fund to the General Revenue Fund the
  179  cumulative excess of all fines, fees, service charges, and costs
  180  submitted by the clerks of court pursuant to subsection (2) and
  181  the cumulative excess of all fines, fees, service charges, and
  182  costs remitted by the clerks of court pursuant to paragraph (a).
  183  The Department of Revenue shall transfer from the Clerks of
  184  Court Trust Fund to the General Revenue Fund the cumulative
  185  excess of all fines, fees, service charges, and costs submitted
  186  by the clerks of court pursuant to subsection (2). However, if
  187  the official estimate for funds accruing to the clerks of court
  188  made by the Revenue Estimating Conference for the current fiscal
  189  year or the next fiscal year is less than the cumulative amount
  190  of authorized budgets for the clerks of court for the current
  191  fiscal year, the Department of Revenue shall retain in the
  192  Clerks of the Court Trust Fund the estimated amount needed to
  193  fully fund the clerks of court for the current and next fiscal
  194  year based upon the current budget established under s. 28.35.
  195         Section 5. Effective upon this act becoming a law and
  196  retroactive to July 1, 2008, paragraphs (b) and (d) of
  197  subsection (1) of section 27.52, Florida Statutes, is amended to
  198  read:
  199         27.52 Determination of indigent status.—
  200         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  201  of a public defender under s. 27.51 based upon an inability to
  202  pay must apply to the clerk of the court for a determination of
  203  indigent status using an application form developed by the
  204  Florida Clerks of Court Operations Corporation with final
  205  approval by the Supreme Court.
  206         (b) An applicant shall pay a $50 application fee to the
  207  clerk for each application for court-appointed counsel filed.
  208  The applicant shall pay the fee within 7 days after submitting
  209  the application. If the applicant does not pay the fee prior to
  210  the disposition of the case, the clerk shall notify the court,
  211  and the court shall:
  212         1. Assess the application fee as part of the sentence or as
  213  a condition of probation; or
  214         2. Assess the application fee pursuant to s. 938.29.
  215         (d) All application fees collected by the clerk under this
  216  section shall be transferred monthly by the clerk to the
  217  Department of Revenue for deposit in the Indigent Criminal
  218  Defense Trust Fund administered by the Justice Administrative
  219  Commission, to be used to as appropriated by the Legislature.
  220  The clerk may retain 2 percent of application fees collected
  221  monthly for administrative costs from which the clerk shall
  222  remit $0.20 from each application fee to the Department of
  223  Revenue for deposit into the General Revenue Fund prior to
  224  remitting the remainder to the Department of Revenue for deposit
  225  in the Indigent Criminal Defense Trust Fund.
  226         Section 6. Effective upon this act becoming a law and
  227  retroactive to July 1, 2008, subsections (1), (2), (3), (4),
  228  (6), and (8), paragraph (b) of subsection (10), subsections
  229  (13), (14), (16), (17), (18), (19), (20), and (25), and
  230  paragraph (a) of subsection (26) of section 28.24, Florida
  231  Statutes, are amended to read:
  232         28.24 Service charges.—The clerk of the circuit court shall
  233  charge for services rendered manually or electronically by the
  234  clerk’s office in recording documents and instruments and in
  235  performing other specified duties. These charges may not exceed
  236  those specified in this section, except as provided in s.
  237  28.345.
  238  
  239  Charges
  240  
  241         (1) For examining, comparing, correcting, verifying, and
  242  certifying transcripts of record in appellate proceedings,
  243  prepared by attorney for appellant or someone else other than
  244  clerk, per page 5.00, from which the clerk shall remit 0.50 per
  245  page to the Department of Revenue for deposit into the General
  246  Revenue Fund.
  247         (2) For preparing, numbering, and indexing an original
  248  record of appellate proceedings, per instrument 3.50, from which
  249  the clerk shall remit 0.50 per instrument to the Department of
  250  Revenue for deposit into the General Revenue Fund.
  251         (3) For certifying copies of any instrument in the public
  252  records 2.00, from which the clerk shall remit 0.50 to the
  253  Department of Revenue for deposit into the General Revenue Fund.
  254         (4) For verifying any instrument presented for
  255  certification prepared by someone other than clerk, per page
  256  3.50, from which the clerk shall remit 0.50 per page to the
  257  Department of Revenue for deposit into the General Revenue Fund.
  258         (6) For making microfilm copies of any public records:
  259         (a) 16 mm 100′ microfilm roll 42.00, from which the clerk
  260  shall remit 4.50 to the Department of Revenue for deposit into
  261  the General Revenue Fund.
  262         (b) 35 mm 100′ microfilm roll 60.00, from which the clerk
  263  shall remit 7.50 to the Department of Revenue for deposit into
  264  the General Revenue Fund.
  265         (c) Microfiche, per fiche 3.50, from which the clerk shall
  266  remit 0.50 to the Department of Revenue for deposit into the
  267  General Revenue Fund.
  268         (8) For writing any paper other than herein specifically
  269  mentioned, same as for copying, including signing and sealing
  270  7.00, from which the clerk shall remit 1.00 to the Department of
  271  Revenue for deposit into the General Revenue Fund.
  272         (10) For receiving money into the registry of court:
  273         (b) Eminent domain actions, per deposit 170.00, from which
  274  the clerk shall remit 20.00 per deposit to the Department of
  275  Revenue for deposit into the General Revenue Fund.
  276         (13) Oath, administering, attesting, and sealing, not
  277  otherwise provided for herein 3.50, from which the clerk shall
  278  remit 0.50 to the Department of Revenue for deposit into the
  279  General Revenue Fund.
  280         (14) For validating certificates, any authorized bonds,
  281  each 3.50, from which the clerk shall remit 0.50 each to the
  282  Department of Revenue for deposit into the General Revenue Fund.
  283         (16) For exemplified certificates, including signing and
  284  sealing 7.00, from which the clerk shall remit 1.00 to the
  285  Department of Revenue for deposit into the General Revenue Fund.
  286         (17) For authenticated certificates, including signing and
  287  sealing 7.00, from which the clerk shall remit 1.00 to the
  288  Department of Revenue for deposit into the General Revenue Fund.
  289         (18)(a) For issuing and filing a subpoena for a witness,
  290  not otherwise provided for herein (includes writing, preparing,
  291  signing, and sealing) 7.00, from which the clerk shall remit
  292  1.00 to the Department of Revenue for deposit into the General
  293  Revenue Fund.
  294         (b) For signing and sealing only 2.00, from which the clerk
  295  shall remit 0.50 to the Department of Revenue for deposit into
  296  the General Revenue Fund.
  297         (19) For approving bond 8.50, from which the clerk shall
  298  remit 1.00 to the Department of Revenue for deposit into the
  299  General Revenue Fund.
  300         (20) For searching of records, for each year’s search 2.00,
  301  from which the clerk shall remit 0.50 for each year’s search to
  302  the Department of Revenue for deposit into the General Revenue
  303  Fund.
  304         (25) For sealing any court file or expungement of any
  305  record 42.00, from which the clerk shall remit 4.50 to the
  306  Department of Revenue for deposit into the General Revenue Fund.
  307         (26)(a) For receiving and disbursing all restitution
  308  payments, per payment 3.50, from which the clerk shall remit
  309  0.50 per payment to the Department of Revenue for deposit into
  310  the General Revenue Fund.
  311         Section 7. Effective upon this act becoming a law and
  312  retroactive to July 1, 2008, subsection (1) of section 28.2401,
  313  Florida Statutes, is amended to read:
  314         28.2401 Service charges and filing fees in probate
  315  matters.—
  316         (1) Except when otherwise provided, the clerk may impose
  317  service charges or filing fees for the following services or
  318  filings, not to exceed the following amounts:
  319         (a) Fee for the opening of any estate of one document or
  320  more, including, but not limited to, petitions and orders to
  321  approve settlement of minor’s claims; to open a safe-deposit
  322  box; to enter rooms and places; for the determination of heirs,
  323  if not formal administration; and for a foreign guardian to
  324  manage property of a nonresident; but not to include issuance of
  325  letters or order of summary administration	$230
  326         (b) Charge for caveat	$40
  327         (c) Fee for petition and order to admit foreign wills,
  328  authenticated copies, exemplified copies, or transcript to
  329  record	$230
  330         (d) Fee for disposition of personal property without
  331  administration	$230
  332         (e) Fee for summary administration—estates valued at $1,000
  333  or more	$340
  334         (f) Fee for summary administration—estates valued at less
  335  than $1,000	$230
  336         (g) Fee for formal administration, guardianship, ancillary,
  337  curatorship, or conservatorship proceedings	$395
  338         (h) Fee for guardianship proceedings of person only	$230
  339         (i) Fee for veterans’ guardianship pursuant to chapter 74
  340  	$230
  341         (j) Charge for exemplified certificates	$7
  342         (k) Fee for petition for determination of incompetency	$230
  343  
  344  The clerk shall remit $115 of each filing fee collected under
  345  paragraphs (a), (c)-(i), and (k) to the Department of Revenue
  346  for deposit into the State Courts Revenue Trust Fund and shall
  347  remit $15 of each filing fee collected under paragraphs (a),
  348  (c), (d), (f), (h), (i) and (k), $1 of each filing fee collected
  349  under paragraph (j), $5 of each filing fee collected under
  350  paragraph (b), $25 of each filing fee collected under paragraph
  351  (e), and $30 of each filing fee collected under paragraph (g) to
  352  the Department of Revenue for deposit into the General Revenue
  353  Fund.
  354         Section 8. Effective upon this act becoming a law and
  355  retroactive to July 1, 2008, subsections (1) and (2) of section
  356  28.241, Florida Statutes, are amended to read:
  357         28.241 Filing fees for trial and appellate proceedings.—
  358         (1) Filing fees are due at the time a party files a
  359  pleading to initiate a proceeding or files a pleading for
  360  relief. Reopen fees are due at the time a party files a pleading
  361  to reopen a proceeding if at least 90 days have elapsed since
  362  the filing of a final order or final judgment with the clerk. If
  363  a fee is not paid upon the filing of the pleading as required
  364  under this section, the clerk shall pursue collection of the fee
  365  pursuant to s. 28.246.
  366         (a)1.a. Except as provided in sub-subparagraph b. and
  367  subparagraph 2., the party instituting any civil action, suit,
  368  or proceeding in the circuit court shall pay to the clerk of
  369  that court a filing fee of up to $395 in all cases in which
  370  there are not more than five defendants and an additional filing
  371  fee of up to $2.50, from which the clerk shall remit $0.50 to
  372  the Department of Revenue for deposit into the General Revenue
  373  Fund, for each defendant in excess of five. Of the first $200 in
  374  filing fees, $195 must be remitted to the Department of Revenue
  375  for deposit into the State Courts Revenue Trust Fund, $4 must be
  376  remitted to the Department of Revenue for deposit into the
  377  Administrative Trust Fund within the Department of Financial
  378  Services and used to fund the contract with the Florida Clerks
  379  of Court Operations Corporation created in s. 28.35, and $1 must
  380  be remitted to the Department of Revenue for deposit into the
  381  Administrative Trust Fund within the Department of Financial
  382  Services to fund audits of individual clerks’ court-related
  383  expenditures conducted by the Department of Financial Services.
  384  By the 10th of each month, the clerk shall submit that portion
  385  of the filing fees collected in the previous month which is in
  386  excess of one-twelfth of the clerk’s total budget to the
  387  Department of Revenue for deposit into the Clerks of the Court
  388  Trust Fund.
  389         b. The party instituting any civil action, suit, or
  390  proceeding in the circuit court under chapter 39, chapter 61,
  391  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
  392  753 shall pay to the clerk of that court a filing fee of up to
  393  $295 in all cases in which there are not more than five
  394  defendants and an additional filing fee of up to $2.50 for each
  395  defendant in excess of five. Of the first $100 in filing fees,
  396  $95 must be remitted to the Department of Revenue for deposit
  397  into the State Courts Revenue Trust Fund, $4 must be remitted to
  398  the Department of Revenue for deposit into the Administrative
  399  Trust Fund within the Department of Financial Services and used
  400  to fund the contract with the Florida Clerks of Court Operations
  401  Corporation created in s. 28.35, and $1 must be remitted to the
  402  Department of Revenue for deposit into the Administrative Trust
  403  Fund within the Department of Financial Services to fund audits
  404  of individual clerks’ court-related expenditures conducted by
  405  the Department of Financial Services.
  406         c. An additional filing fee of $4 shall be paid to the
  407  clerk. The clerk shall remit $3.50 to the Department of Revenue
  408  for deposit into the Court Education Trust Fund and shall remit
  409  50 cents to the Department of Revenue for deposit into the
  410  Administrative Trust Fund within the Department of Financial
  411  Services to fund clerk education provided by the Florida Clerks
  412  of Court Operations Corporation. An additional filing fee of up
  413  to $18 shall be paid by the party seeking each severance that is
  414  granted, from which the clerk shall remit $3 to the Department
  415  of Revenue for deposit into the General Revenue Fund. The clerk
  416  may impose an additional filing fee of up to $85, from which the
  417  clerk shall remit $10 to the Department of Revenue for deposit
  418  into the General Revenue Fund, for all proceedings of
  419  garnishment, attachment, replevin, and distress. Postal charges
  420  incurred by the clerk of the circuit court in making service by
  421  certified or registered mail on defendants or other parties
  422  shall be paid by the party at whose instance service is made.
  423  Additional fees, charges, or costs may not be added to the
  424  filing fees imposed under this section, except as authorized in
  425  this section or by general law.
  426         2.a. Notwithstanding the fees prescribed in subparagraph
  427  1., a party instituting a civil action in circuit court relating
  428  to real property or mortgage foreclosure shall pay a graduated
  429  filing fee based on the value of the claim.
  430         b. A party shall estimate in writing the amount in
  431  controversy of the claim upon filing the action. For purposes of
  432  this subparagraph, the value of a mortgage foreclosure action is
  433  based upon the principal due on the note secured by the
  434  mortgage, plus interest owed on the note and any moneys advanced
  435  by the lender for property taxes, insurance, and other advances
  436  secured by the mortgage, at the time of filing the foreclosure.
  437  The value shall also include the value of any tax certificates
  438  related to the property. In stating the value of a mortgage
  439  foreclosure claim, a party shall declare in writing the total
  440  value of the claim, as well as the individual elements of the
  441  value as prescribed in this sub-subparagraph.
  442         c. In its order providing for the final disposition of the
  443  matter, the court shall identify the actual value of the claim.
  444  The clerk shall adjust the filing fee if there is a difference
  445  between the estimated amount in controversy and the actual value
  446  of the claim and collect any additional filing fee owed or
  447  provide a refund of excess filing fee paid.
  448         d. The party shall pay a filing fee of:
  449         (I) Three hundred and ninety-five dollars in all cases in
  450  which the value of the claim is $50,000 or less and in which
  451  there are not more than five defendants. The party shall pay an
  452  additional filing fee of up to $2.50 for each defendant in
  453  excess of five. Of the first $200 in filing fees, $195 must be
  454  remitted by the clerk to the Department of Revenue for deposit
  455  into the General Revenue Fund, $4 must be remitted to the
  456  Department of Revenue for deposit into the Administrative Trust
  457  Fund within the Department of Financial Services and used to
  458  fund the contract with the Florida Clerks of Court Operations
  459  Corporation created in s. 28.35, and $1 must be remitted to the
  460  Department of Revenue for deposit into the Administrative Trust
  461  Fund within the Department of Financial Services to fund audits
  462  of individual clerks’ court-related expenditures conducted by
  463  the Department of Financial Services;
  464         (II) Nine hundred dollars in all cases in which the value
  465  of the claim is more than $50,000 but less than $250,000 and in
  466  which there are not more than five defendants. The party shall
  467  pay an additional filing fee of up to $2.50 for each defendant
  468  in excess of five. Of the first $705 in filing fees, $700 must
  469  be remitted by the clerk to the Department of Revenue for
  470  deposit into the General Revenue Fund, except that the first
  471  $1.5 million in such filing fees remitted to the Department of
  472  Revenue and deposited into the General Revenue Fund in fiscal
  473  year 2018-2019 shall be distributed to the Miami-Dade County
  474  Clerk of Court; $4 must be remitted to the Department of Revenue
  475  for deposit into the Administrative Trust Fund within the
  476  Department of Financial Services and used to fund the contract
  477  with the Florida Clerks of Court Operations Corporation created
  478  in s. 28.35; and $1 must be remitted to the Department of
  479  Revenue for deposit into the Administrative Trust Fund within
  480  the Department of Financial Services to fund audits of
  481  individual clerks’ court-related expenditures conducted by the
  482  Department of Financial Services; or
  483         (III) One thousand nine hundred dollars in all cases in
  484  which the value of the claim is $250,000 or more and in which
  485  there are not more than five defendants. The party shall pay an
  486  additional filing fee of up to $2.50 for each defendant in
  487  excess of five. Of the first $1,705 in filing fees, $930 must be
  488  remitted by the clerk to the Department of Revenue for deposit
  489  into the General Revenue Fund, $770 must be remitted to the
  490  Department of Revenue for deposit into the State Courts Revenue
  491  Trust Fund, $4 must be remitted to the Department of Revenue for
  492  deposit into the Administrative Trust Fund within the Department
  493  of Financial Services to fund the contract with the Florida
  494  Clerks of Court Operations Corporation created in s. 28.35, and
  495  $1 must be remitted to the Department of Revenue for deposit
  496  into the Administrative Trust Fund within the Department of
  497  Financial Services to fund audits of individual clerks’ court
  498  related expenditures conducted by the Department of Financial
  499  Services.
  500         e. An additional filing fee of $4 shall be paid to the
  501  clerk. The clerk shall remit $3.50 to the Department of Revenue
  502  for deposit into the Court Education Trust Fund and shall remit
  503  50 cents to the Department of Revenue for deposit into the
  504  Administrative Trust Fund within the Department of Financial
  505  Services to fund clerk education provided by the Florida Clerks
  506  of Court Operations Corporation. An additional filing fee of up
  507  to $18 shall be paid by the party seeking each severance that is
  508  granted. The clerk may impose an additional filing fee of up to
  509  $85 for all proceedings of garnishment, attachment, replevin,
  510  and distress. Postal charges incurred by the clerk of the
  511  circuit court in making service by certified or registered mail
  512  on defendants or other parties shall be paid by the party at
  513  whose instance service is made. Additional fees, charges, or
  514  costs may not be added to the filing fees imposed under this
  515  section, except as authorized in this section or by general law.
  516         (b) A party reopening any civil action, suit, or proceeding
  517  in the circuit court shall pay to the clerk of court a filing
  518  fee set by the clerk in an amount not to exceed $50. For
  519  purposes of this section, a case is reopened after all appeals
  520  have been exhausted or time to file an appeal from a final order
  521  or final judgment has expired. A reopen fee may be assessed by
  522  the clerk for any motion filed by any party at least 90 days
  523  after a final order or final judgment has been filed with the
  524  clerk in the initial case. A reservation of jurisdiction by a
  525  court does not cause a case to remain open for purposes of this
  526  section or exempt a party from paying a reopen fee. A party is
  527  exempt from paying the fee for any of the following:
  528         1. A writ of garnishment;
  529         2. A writ of replevin;
  530         3. A distress writ;
  531         4. A writ of attachment;
  532         5. A motion for rehearing filed within 10 days;
  533         6. A motion for attorney’s fees filed within 30 days after
  534  entry of a judgment or final order;
  535         7. A motion for dismissal filed after a mediation agreement
  536  has been filed;
  537         8. A disposition of personal property without
  538  administration;
  539         9. Any probate case prior to the discharge of a personal
  540  representative;
  541         10. Any guardianship pleading prior to discharge;
  542         11. Any mental health pleading;
  543         12. Motions to withdraw by attorneys;
  544         13. Motions exclusively for the enforcement of child
  545  support orders;
  546         14. A petition for credit of child support;
  547         15. A Notice of Intent to Relocate and any order issuing as
  548  a result of an uncontested relocation;
  549         16. Stipulations and motions to enforce stipulations;
  550         17. Responsive pleadings;
  551         18. Cases in which there is no initial filing fee; or
  552         19. Motions for contempt.
  553         (c)1. A party in addition to a party described in sub
  554  subparagraph (a)1.a. who files a pleading in an original civil
  555  action in circuit court for affirmative relief by cross-claim,
  556  counterclaim, counterpetition, or third-party complaint shall
  557  pay the clerk of court a fee of $395. A party in addition to a
  558  party described in sub-subparagraph (a)1.b. who files a pleading
  559  in an original civil action in circuit court for affirmative
  560  relief by cross-claim, counterclaim, counterpetition, or third
  561  party complaint shall pay the clerk of court a fee of $295. The
  562  clerk shall deposit the fee into the fine and forfeiture fund
  563  established pursuant to s. 142.01.
  564         2. A party in addition to a party described in subparagraph
  565  (a)2. who files a pleading in an original civil action in
  566  circuit court for affirmative relief by cross-claim,
  567  counterclaim, counterpetition, or third-party complaint shall
  568  pay the clerk of court a graduated fee of:
  569         a. Three hundred and ninety-five dollars in all cases in
  570  which the value of the pleading is $50,000 or less;
  571         b. Nine hundred dollars in all cases in which the value of
  572  the pleading is more than $50,000 but less than $250,000; or
  573         c. One thousand nine hundred dollars in all cases in which
  574  the value of the pleading is $250,000 or more.
  575  
  576  The clerk shall deposit the fees collected under this
  577  subparagraph into the fine and forfeiture fund established
  578  pursuant to s. 142.01.
  579         (d) The clerk of court shall collect a service charge of
  580  $10 for issuing an original, a certified copy, or an electronic
  581  certified copy of a summons, which the clerk shall remit to the
  582  Department of Revenue for deposit into the General Revenue Fund.
  583  The clerk shall assess the fee against the party seeking to have
  584  the summons issued.
  585         (2) Upon the institution of any appellate proceeding from
  586  any lower court to the circuit court of any such county,
  587  including appeals filed by a county or municipality as provided
  588  in s. 34.041(5), or from the circuit court to an appellate court
  589  of the state, the clerk shall charge and collect from the party
  590  or parties instituting such appellate proceedings a filing fee
  591  not to exceed $280, from which the clerk shall remit $20 to the
  592  Department of Revenue for deposit into the General Revenue Fund,
  593  for filing a notice of appeal from the county court to the
  594  circuit court and, in addition to the filing fee required under
  595  s. 25.241 or s. 35.22, $100 for filing a notice of appeal from
  596  the circuit court to the district court of appeal or to the
  597  Supreme Court. If the party is determined to be indigent, the
  598  clerk shall defer payment of the fee.
  599         Section 9. Effective January 1, 2020, subsection (1) of
  600  section 34.01, Florida Statutes, is amended to read:
  601         34.01 Jurisdiction of county court.—
  602         (1) County courts shall have original jurisdiction:
  603         (a) In all misdemeanor cases not cognizable by the circuit
  604  courts.;
  605         (b) Of all violations of municipal and county ordinances.;
  606         (c) Of all actions at law, except those within the
  607  exclusive jurisdiction of the circuit courts, in which the
  608  matter in controversy does not exceed the sum of $15,000,
  609  exclusive of interest, costs, and attorney attorney’s fees:,
  610  except those within the exclusive jurisdiction of the circuit
  611  courts; and
  612         1.If filed on or before December 31, 2019, the sum of
  613  $15,000.
  614         2.If filed on or after January 1, 2020, the sum of
  615  $30,000.
  616         3.If filed on or after January 1, 2022, the sum of
  617  $50,000.
  618         (d) Of disputes occurring in the homeowners’ associations
  619  as described in s. 720.311(2)(a), which shall be concurrent with
  620  jurisdiction of the circuit courts.
  621  
  622  By March 1, 2021, the Office of the State Courts Administrator
  623  shall submit a report to the Governor, the President of the
  624  Senate, and the Speaker of the House of Representatives. The
  625  report must make recommendations regarding the adjustment of
  626  county court jurisdiction, including, but not limited to,
  627  consideration of the claim value of filings in county court and
  628  circuit court, case events, timeliness in processing cases, and
  629  any fiscal impact to the state as a result of adjusted
  630  jurisdictional limits. The clerks of the circuit court and
  631  county court shall provide claim value data and necessary case
  632  event data to the office to be used in development of the
  633  report. The report must also include a review of fees to ensure
  634  that the court system is adequately funded and a review of the
  635  appellate jurisdiction of the district courts and the circuit
  636  courts.
  637         Section 10. Effective upon this act becoming a law and
  638  retroactive to July 1, 2008, paragraphs (a), (b), (c), and (d)
  639  of subsection (1) of section 34.041, Florida Statutes, are
  640  amended, and paragraph (e) is added to that subsection, to read:
  641         34.041 Filing fees.—
  642         (1)(a) Filing fees are due at the time a party files a
  643  pleading to initiate a proceeding or files a pleading for
  644  relief. Reopen fees are due at the time a party files a pleading
  645  to reopen a proceeding if at least 90 days have elapsed since
  646  the filing of a final order or final judgment with the clerk. If
  647  a fee is not paid upon the filing of the pleading as required
  648  under this section, the clerk shall pursue collection of the fee
  649  pursuant to s. 28.246. Upon the institution of any civil action,
  650  suit, or proceeding in county court, the party shall pay the
  651  following filing fee, not to exceed:
  652         1. For all claims less than $100.....................$50.
  653         2. For all claims of $100 or more but not more than
  654  $500........................................................$75.
  655         3. For all claims of more than $500 but not more than
  656  $2,500.........$170, from which the clerk shall remit $20 to the
  657  Department of Revenue for deposit into the General Revenue Fund.
  658         4. For all claims of more than $2,500 but not more than
  659  $15,000....................................................$295.
  660         5. For all claims more than $15,000.................$395.
  661         6.5. In addition, for all proceedings of garnishment,
  662  attachment, replevin, and distress.....$85, from which the clerk
  663  shall remit $10 to the Department of Revenue for deposit into
  664  the General Revenue Fund.
  665         7.6. Notwithstanding subparagraphs 3. and 6. 5., for all
  666  claims of not more than $1,000 filed simultaneously with an
  667  action for replevin of property that is the subject of the
  668  claim......................................................$125.
  669         8.7. For removal of tenant action...................$180.
  670  
  671  The filing fee in subparagraph 7. 6. is the total fee due under
  672  this paragraph for that type of filing, and no other filing fee
  673  under this paragraph may be assessed against such a filing.
  674         (b) The first $15 of the filing fee collected under
  675  subparagraph (a)4. and the first $10 of the filing fee collected
  676  under subparagraph (a)8. subparagraph (a)7. shall be deposited
  677  in the State Courts Revenue Trust Fund. By the 10th day of each
  678  month, the clerk shall submit that portion of the fees collected
  679  in the previous month which is in excess of one-twelfth of the
  680  clerk’s total budget for the performance of court-related
  681  functions to the Department of Revenue for deposit into the
  682  Clerks of the Court Trust Fund. An additional filing fee of $4
  683  shall be paid to the clerk. The clerk shall transfer $3.50 to
  684  the Department of Revenue for deposit into the Court Education
  685  Trust Fund and shall transfer 50 cents to the Department of
  686  Revenue for deposit into the Administrative Trust Fund within
  687  the Department of Financial Services to fund clerk education
  688  provided by the Florida Clerks of Court Operations Corporation.
  689  Postal charges incurred by the clerk of the county court in
  690  making service by mail on defendants or other parties shall be
  691  paid by the party at whose instance service is made. Except as
  692  provided in this section, filing fees and service charges for
  693  performing duties of the clerk relating to the county court
  694  shall be as provided in ss. 28.24 and 28.241. Except as
  695  otherwise provided in this section, all filing fees shall be
  696  retained as fee income of the office of the clerk of the circuit
  697  court. Filing fees imposed by this section may not be added to
  698  any penalty imposed by chapter 316 or chapter 318.
  699         (c) A party in addition to a party described in paragraph
  700  (a) who files a pleading in an original civil action in the
  701  county court for affirmative relief by cross-claim,
  702  counterclaim, counterpetition, or third-party complaint, or who
  703  files a notice of cross-appeal or notice of joinder or motion to
  704  intervene as an appellant, cross-appellant, or petitioner, shall
  705  pay the clerk of court a fee of $295 if the relief sought by the
  706  party under this paragraph exceeds $2,500 but is not more than
  707  $15,000 and $395 if the relief sought by the party under this
  708  paragraph exceeds $15,000. The clerk shall remit the fee if the
  709  relief sought by the party under this paragraph exceeds $2,500
  710  but is not more than $15,000 to the Department of Revenue for
  711  deposit into the General Revenue Fund. This fee does not apply
  712  if the cross-claim, counterclaim, counterpetition, or third
  713  party complaint requires transfer of the case from county to
  714  circuit court. However, the party shall pay to the clerk the
  715  standard filing fee for the court to which the case is to be
  716  transferred.
  717         (d) The clerk of court shall collect a service charge of
  718  $10 for issuing a summons or an electronic certified copy of a
  719  summons, which the clerk shall remit to the Department of
  720  Revenue for deposit into the General Revenue Fund. The clerk
  721  shall assess the fee against the party seeking to have the
  722  summons issued.
  723         (e)Of the first $200 in filing fees payable under
  724  subparagraph (a)5., $195 must be remitted to the Department of
  725  Revenue for deposit into the State Courts Revenue Trust Fund, $4
  726  must be remitted to the Department of Revenue for deposit into
  727  the Administrative Trust Fund within the Department of Financial
  728  Services and used to fund the contract with the Florida Clerks
  729  of Court Operations Corporation created in s. 28.35, and $1 must
  730  be remitted to the Department of Revenue for deposit into the
  731  Administrative Trust Fund within the Department of Financial
  732  Services to fund audits of individual clerks’ court-related
  733  expenditures conducted by the Department of Financial Services.
  734  By the 10th day of each month, the clerk shall submit that
  735  portion of the filing fees collected pursuant to this subsection
  736  in the previous month which is in excess of one-twelfth of the
  737  clerk’s total budget to the Department of Revenue for deposit
  738  into the Clerks of the Court Trust Fund.
  739         Section 11. Effective January 1, 2020, section 44.108,
  740  Florida Statutes, is amended to read:
  741         44.108 Funding of mediation and arbitration.—
  742         (1) Mediation and arbitration should be accessible to all
  743  parties regardless of financial status. A filing fee of $1 is
  744  levied on all proceedings in the circuit or county courts to
  745  fund mediation and arbitration services which are the
  746  responsibility of the Supreme Court pursuant to the provisions
  747  of s. 44.106. However, the filing fee may not be levied upon an
  748  appeal from the county court to the circuit court for a claim
  749  that is greater than $15,000. The clerk of the court shall
  750  forward the moneys collected to the Department of Revenue for
  751  deposit in the State Courts Revenue Trust Fund.
  752         (2) When court-ordered mediation services are provided by a
  753  circuit court’s mediation program, the following fees, unless
  754  otherwise established in the General Appropriations Act, shall
  755  be collected by the clerk of court:
  756         (a) One-hundred twenty dollars per person per scheduled
  757  session in family mediation when the parties’ combined income is
  758  greater than $50,000, but less than $100,000 per year;
  759         (b) Sixty dollars per person per scheduled session in
  760  family mediation when the parties’ combined income is less than
  761  $50,000; or
  762         (c) Sixty dollars per person per scheduled session in
  763  county court cases involving an amount in controversy not
  764  exceeding $15,000.
  765  
  766  No mediation fees shall be assessed under this subsection in
  767  residential eviction cases, against a party found to be
  768  indigent, or for any small claims action. Fees collected by the
  769  clerk of court pursuant to this section shall be remitted to the
  770  Department of Revenue for deposit into the State Courts Revenue
  771  Trust Fund to fund court-ordered mediation. The clerk of court
  772  may deduct $1 per fee assessment for processing this fee. The
  773  clerk of the court shall submit to the chief judge of the
  774  circuit and to the Office of the State Courts Administrator, no
  775  later than 30 days after the end of each quarter of the fiscal
  776  year, a report specifying the amount of funds collected and
  777  remitted to the State Courts Revenue Trust Fund under this
  778  section and any other section during the previous quarter of the
  779  fiscal year. In addition to identifying the total aggregate
  780  collections and remissions from all statutory sources, the
  781  report must identify collections and remissions by each
  782  statutory source.
  783         Section 12. Effective upon this act becoming a law and
  784  retroactive to July 1, 2008, subsection (1) of section 45.035,
  785  Florida Statutes, is amended to read:
  786         45.035 Clerk’s fees.—In addition to other fees or service
  787  charges authorized by law, the clerk shall receive service
  788  charges related to the judicial sales procedure set forth in ss.
  789  45.031-45.034 and this section:
  790         (1) The clerk shall receive a service charge of $70, from
  791  which the clerk shall remit $10 to the Department of Revenue for
  792  deposit into the General Revenue Fund, for services in making,
  793  recording, and certifying the sale and title, which service
  794  charge shall be assessed as costs and shall be advanced by the
  795  plaintiff before the sale.
  796         (2) If there is a surplus resulting from the sale, the
  797  clerk may receive the following service charges, which shall be
  798  deducted from the surplus:
  799         (c) The clerk is entitled to a service charge of $15 for
  800  each disbursement of surplus proceeds, from which the clerk
  801  shall remit $5 to the Department of Revenue for deposit into the
  802  General Revenue Fund.
  803         Section 13. Effective upon this act becoming a law and
  804  retroactive to July 1, 2008, subsection (3) of section 55.505,
  805  Florida Statutes, is amended to read:
  806         55.505 Notice of recording; prerequisite to enforcement.—
  807         (3) No execution or other process for enforcement of a
  808  foreign judgment recorded hereunder shall issue until 30 days
  809  after the mailing of notice by the clerk and payment of a
  810  service charge of up to $42 to the clerk, from which the clerk
  811  shall remit $4.50 to the Department of Revenue for deposit into
  812  the General Revenue Fund. When an action authorized in s.
  813  55.509(1) is filed, it acts as an automatic stay of the effect
  814  of this section.
  815         Section 14. Effective upon this act becoming a law and
  816  retroactive to July 1, 2008, paragraphs (b), (d), (e), and (f)
  817  of subsection (6) of section 61.14, Florida Statutes, are
  818  amended to read:
  819         61.14 Enforcement and modification of support, maintenance,
  820  or alimony agreements or orders.—
  821         (6)
  822         (b)1. When an obligor is 15 days delinquent in making a
  823  payment or installment of support and the amount of the
  824  delinquency is greater than the periodic payment amount ordered
  825  by the court, the local depository shall serve notice on the
  826  obligor informing him or her of:
  827         a. The delinquency and its amount.
  828         b. An impending judgment by operation of law against him or
  829  her in the amount of the delinquency and all other amounts which
  830  thereafter become due and are unpaid, together with costs and a
  831  service charge of up to $25, from which the clerk shall remit
  832  $17.50 to the Department of Revenue for deposit into the General
  833  Revenue Fund, for failure to pay the amount of the delinquency.
  834         c. The obligor’s right to contest the impending judgment
  835  and the ground upon which such contest can be made.
  836         d. The local depository’s authority to release information
  837  regarding the delinquency to one or more credit reporting
  838  agencies.
  839         2. The local depository shall serve the notice by mailing
  840  it by first class mail to the obligor at his or her last address
  841  of record with the local depository. If the obligor has no
  842  address of record with the local depository, service shall be by
  843  publication as provided in chapter 49.
  844         3. When service of the notice is made by mail, service is
  845  complete on the date of mailing.
  846         (d) The court shall hear the obligor’s motion to contest
  847  the impending judgment within 15 days after the date of filing
  848  of the motion. Upon the court’s denial of the obligor’s motion,
  849  the amount of the delinquency and all other amounts that become
  850  due, together with costs and a service charge of up to $25, from
  851  which the clerk shall remit $17.50 to the Department of Revenue
  852  for deposit into the General Revenue Fund, become a final
  853  judgment by operation of law against the obligor. The depository
  854  shall charge interest at the rate established in s. 55.03 on all
  855  judgments for support. Payments on judgments shall be applied
  856  first to the current child support due, then to any delinquent
  857  principal, and then to interest on the support judgment.
  858         (e) If the obligor fails to file a motion to contest the
  859  impending judgment within the time limit prescribed in paragraph
  860  (c) and fails to pay the amount of the delinquency and all other
  861  amounts which thereafter become due, together with costs and a
  862  service charge of up to $25, from which the clerk shall remit
  863  $17.50 to the Department of Revenue for deposit into the General
  864  Revenue Fund, such amounts become a final judgment by operation
  865  of law against the obligor at the expiration of the time for
  866  filing a motion to contest the impending judgment.
  867         (f)1. Upon request of any person, the local depository
  868  shall issue, upon payment of a service charge of up to $25, from
  869  which the clerk shall remit $17.50 to the Department of Revenue
  870  for deposit into the General Revenue Fund, a payoff statement of
  871  the total amount due under the judgment at the time of the
  872  request. The statement may be relied upon by the person for up
  873  to 30 days from the time it is issued unless proof of
  874  satisfaction of the judgment is provided.
  875         2. When the depository records show that the obligor’s
  876  account is current, the depository shall record a satisfaction
  877  of the judgment upon request of any interested person and upon
  878  receipt of the appropriate recording fee. Any person shall be
  879  entitled to rely upon the recording of the satisfaction.
  880         3. The local depository, at the direction of the
  881  department, or the obligee in a non-IV-D case, may partially
  882  release the judgment as to specific real property, and the
  883  depository shall record a partial release upon receipt of the
  884  appropriate recording fee.
  885         4. The local depository is not liable for errors in its
  886  recordkeeping, except when an error is a result of unlawful
  887  activity or gross negligence by the clerk or his or her
  888  employees.
  889         Section 15. Effective upon this act becoming a law and
  890  retroactive to July 1, 2008, subsections (2) and (4) of section
  891  316.193, Florida Statutes, are amended to read:
  892         316.193 Driving under the influence; penalties.—
  893         (2)(a) Except as provided in paragraph (b), subsection (3),
  894  or subsection (4), any person who is convicted of a violation of
  895  subsection (1) shall be punished:
  896         1. By a fine of:
  897         a. Not less than $500 or more than $1,000 for a first
  898  conviction.
  899         b. Not less than $1,000 or more than $2,000 for a second
  900  conviction; and
  901         2. By imprisonment for:
  902         a. Not more than 6 months for a first conviction.
  903         b. Not more than 9 months for a second conviction.
  904         3. For a second conviction, by mandatory placement for a
  905  period of at least 1 year, at the convicted person’s sole
  906  expense, of an ignition interlock device approved by the
  907  department in accordance with s. 316.1938 upon all vehicles that
  908  are individually or jointly leased or owned and routinely
  909  operated by the convicted person, when the convicted person
  910  qualifies for a permanent or restricted license. The
  911  installation of such device may not occur before July 1, 2003.
  912  
  913  The portion of a fine imposed in excess of $500 pursuant to sub
  914  subparagraph 1.a. and the portion of a fine imposed in excess of
  915  $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
  916  the clerk to the Department of Revenue for deposit into the
  917  General Revenue Fund.
  918         (b)1. Any person who is convicted of a third violation of
  919  this section for an offense that occurs within 10 years after a
  920  prior conviction for a violation of this section commits a
  921  felony of the third degree, punishable as provided in s.
  922  775.082, s. 775.083, or s. 775.084. In addition, the court shall
  923  order the mandatory placement for a period of not less than 2
  924  years, at the convicted person’s sole expense, of an ignition
  925  interlock device approved by the department in accordance with
  926  s. 316.1938 upon all vehicles that are individually or jointly
  927  leased or owned and routinely operated by the convicted person,
  928  when the convicted person qualifies for a permanent or
  929  restricted license. The installation of such device may not
  930  occur before July 1, 2003.
  931         2. Any person who is convicted of a third violation of this
  932  section for an offense that occurs more than 10 years after the
  933  date of a prior conviction for a violation of this section shall
  934  be punished by a fine of not less than $2,000 or more than
  935  $5,000 and by imprisonment for not more than 12 months. The
  936  portion of a fine imposed in excess of $2,500 pursuant to this
  937  subparagraph shall be remitted by the clerk to the Department of
  938  Revenue for deposit into the General Revenue Fund. In addition,
  939  the court shall order the mandatory placement for a period of at
  940  least 2 years, at the convicted person’s sole expense, of an
  941  ignition interlock device approved by the department in
  942  accordance with s. 316.1938 upon all vehicles that are
  943  individually or jointly leased or owned and routinely operated
  944  by the convicted person, when the convicted person qualifies for
  945  a permanent or restricted license. The installation of such
  946  device may not occur before July 1, 2003.
  947         3. Any person who is convicted of a fourth or subsequent
  948  violation of this section, regardless of when any prior
  949  conviction for a violation of this section occurred, commits a
  950  felony of the third degree, punishable as provided in s.
  951  775.082, s. 775.083, or s. 775.084. However, the fine imposed
  952  for such fourth or subsequent violation may be not less than
  953  $2,000. The portion of a fine imposed in excess of $1,000
  954  pursuant to this subparagraph shall be remitted by the clerk to
  955  the Department of Revenue for deposit into the General Revenue
  956  Fund.
  957         (c) In addition to the penalties in paragraph (a), the
  958  court may order placement, at the convicted person’s sole
  959  expense, of an ignition interlock device approved by the
  960  department in accordance with s. 316.1938 for at least 6
  961  continuous months upon all vehicles that are individually or
  962  jointly leased or owned and routinely operated by the convicted
  963  person if, at the time of the offense, the person had a blood
  964  alcohol level or breath-alcohol level of .08 or higher.
  965         (4) Any person who is convicted of a violation of
  966  subsection (1) and who has a blood-alcohol level or breath
  967  alcohol level of 0.15 or higher, or any person who is convicted
  968  of a violation of subsection (1) and who at the time of the
  969  offense was accompanied in the vehicle by a person under the age
  970  of 18 years, shall be punished:
  971         (a) By a fine of:
  972         1. Not less than $1,000 or more than $2,000 for a first
  973  conviction.
  974         2. Not less than $2,000 or more than $4,000 for a second
  975  conviction.
  976         3. Not less than $4,000 for a third or subsequent
  977  conviction.
  978         (b) By imprisonment for:
  979         1. Not more than 9 months for a first conviction.
  980         2. Not more than 12 months for a second conviction.
  981  
  982  For the purposes of this subsection, only the instant offense is
  983  required to be a violation of subsection (1) by a person who has
  984  a blood-alcohol level or breath-alcohol level of 0.15 or higher.
  985  
  986  The portion of a fine imposed in excess of $1,000 pursuant to
  987  sub-subparagraph (a)1. and the portion of a fine imposed in
  988  excess of $2,000 pursuant to sub-subparagraph (a)2. or (a)3,
  989  shall be remitted by the clerk to the Department of Revenue for
  990  deposit into the General Revenue Fund.
  991         (c) In addition to the penalties in paragraphs (a) and (b),
  992  the court shall order the mandatory placement, at the convicted
  993  person’s sole expense, of an ignition interlock device approved
  994  by the department in accordance with s. 316.1938 upon all
  995  vehicles that are individually or jointly leased or owned and
  996  routinely operated by the convicted person for not less than 6
  997  continuous months for the first offense and for not less than 2
  998  continuous years for a second offense, when the convicted person
  999  qualifies for a permanent or restricted license.
 1000         Section 16. Effective upon this act becoming a law and
 1001  retroactive to July 1, 2008, paragraph (b) of subsection (10) of
 1002  section 318.14, Florida Statutes, is amended to read:
 1003         318.14 Noncriminal traffic infractions; exception;
 1004  procedures.—
 1005         (10)
 1006         (b) Any person cited for an offense listed in this
 1007  subsection shall present proof of compliance before the
 1008  scheduled court appearance date. For the purposes of this
 1009  subsection, proof of compliance shall consist of a valid,
 1010  renewed, or reinstated driver license or registration
 1011  certificate and proper proof of maintenance of security as
 1012  required by s. 316.646. Notwithstanding waiver of fine, any
 1013  person establishing proof of compliance shall be assessed court
 1014  costs of $25, except that a person charged with violation of s.
 1015  316.646(1)-(3) may be assessed court costs of $8. One dollar of
 1016  such costs shall be remitted to the Department of Revenue for
 1017  deposit into the Child Welfare Training Trust Fund of the
 1018  Department of Children and Families. One dollar of such costs
 1019  shall be distributed to the Department of Juvenile Justice for
 1020  deposit into the Juvenile Justice Training Trust Fund. Fourteen
 1021  dollars of such costs shall be distributed to the municipality,
 1022  $1 shall be remitted to the Department of Revenue for deposit
 1023  into the General Revenue Fund and $ 8 9 shall be deposited by
 1024  the clerk of the court into the fine and forfeiture fund
 1025  established pursuant to s. 142.01, if the offense was committed
 1026  within the municipality. If the offense was committed in an
 1027  unincorporated area of a county or if the citation was for a
 1028  violation of s. 316.646(1)-(3), the entire amount shall be
 1029  deposited by the clerk of the court into the fine and forfeiture
 1030  fund established pursuant to s. 142.01, except for the moneys to
 1031  be deposited into the Child Welfare Training Trust Fund and the
 1032  Juvenile Justice Training Trust Fund and $3 which the clerk
 1033  shall remit to the Department of Revenue for deposit into the
 1034  General Revenue Fund. This subsection does not authorize the
 1035  operation of a vehicle without a valid driver license, without a
 1036  valid vehicle tag and registration, or without the maintenance
 1037  of required security.
 1038         Section 17. Effective upon this act becoming a law and
 1039  retroactive to July 1, 2008, paragraph (b) of subsection (1) of
 1040  section 318.15, Florida Statutes, is amended to read:
 1041         318.15 Failure to comply with civil penalty or to appear;
 1042  penalty.—
 1043         (1)
 1044         (b) However, a person who elects to attend driver
 1045  improvement school and has paid the civil penalty as provided in
 1046  s. 318.14(9) but who subsequently fails to attend the driver
 1047  improvement school within the time specified by the court is
 1048  deemed to have admitted the infraction and shall be adjudicated
 1049  guilty. If the person received a 9-percent reduction pursuant to
 1050  s. 318.14(9), the person must pay the clerk of the court that
 1051  amount and a processing fee of up to $18, from which the clerk
 1052  shall remit $3 to the Department of Revenue for deposit into the
 1053  General Revenue Fund, after which additional penalties, court
 1054  costs, or surcharges may not be imposed for the violation. In
 1055  all other such cases, the person must pay the clerk a processing
 1056  fee of up to $18, from which the clerk shall remit $3 to the
 1057  Department of Revenue for deposit into the General Revenue Fund,
 1058  after which additional penalties, court costs, or surcharges may
 1059  not be imposed for the violation. The clerk of the court shall
 1060  notify the department of the person’s failure to attend driver
 1061  improvement school and points shall be assessed pursuant to s.
 1062  322.27.
 1063         Section 18. Effective upon this act becoming a law and
 1064  retroactive to July 1, 2008, paragraphs (b) and (c) of
 1065  subsection (2), subsection (11) and subsection (18) of section
 1066  318.18, Florida Statutes, are amended to read:
 1067         318.18 Amount of penalties.—The penalties required for a
 1068  noncriminal disposition pursuant to s. 318.14 or a criminal
 1069  offense listed in s. 318.17 are as follows:
 1070         (2) Thirty dollars for all nonmoving traffic violations
 1071  and:
 1072         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
 1073  and 322.15(1). Any person who is cited for a violation of s.
 1074  320.07(1) shall be charged a delinquent fee pursuant to s.
 1075  320.07(4).
 1076         1. If a person who is cited for a violation of s. 320.0605
 1077  or s. 320.07 can show proof of having a valid registration at
 1078  the time of arrest, the clerk of the court may dismiss the case
 1079  and may assess a dismissal fee of up to $10, from which the
 1080  clerk shall remit $2.50 to the Department of Revenue for deposit
 1081  into the General Revenue Fund. A person who finds it impossible
 1082  or impractical to obtain a valid registration certificate must
 1083  submit an affidavit detailing the reasons for the impossibility
 1084  or impracticality. The reasons may include, but are not limited
 1085  to, the fact that the vehicle was sold, stolen, or destroyed;
 1086  that the state in which the vehicle is registered does not issue
 1087  a certificate of registration; or that the vehicle is owned by
 1088  another person.
 1089         2. If a person who is cited for a violation of s. 322.03,
 1090  s. 322.065, or s. 322.15 can show a driver license issued to him
 1091  or her and valid at the time of arrest, the clerk of the court
 1092  may dismiss the case and may assess a dismissal fee of up to
 1093  $10, from which the clerk shall remit $2.50 to the Department of
 1094  Revenue for deposit into the General Revenue Fund.
 1095         3. If a person who is cited for a violation of s. 316.646
 1096  can show proof of security as required by s. 627.733, issued to
 1097  the person and valid at the time of arrest, the clerk of the
 1098  court may dismiss the case and may assess a dismissal fee of up
 1099  to $10, from which the clerk shall remit $2.50 to the Department
 1100  of Revenue for deposit into the General Revenue Fund. A person
 1101  who finds it impossible or impractical to obtain proof of
 1102  security must submit an affidavit detailing the reasons for the
 1103  impracticality. The reasons may include, but are not limited to,
 1104  the fact that the vehicle has since been sold, stolen, or
 1105  destroyed; that the owner or registrant of the vehicle is not
 1106  required by s. 627.733 to maintain personal injury protection
 1107  insurance; or that the vehicle is owned by another person.
 1108         (c) For all violations of ss. 316.2935 and 316.610.
 1109  However, for a violation of s. 316.2935 or s. 316.610, if the
 1110  person committing the violation corrects the defect and obtains
 1111  proof of such timely repair by an affidavit of compliance
 1112  executed by the law enforcement agency within 30 days from the
 1113  date upon which the traffic citation was issued, and pays $4 to
 1114  the law enforcement agency, thereby completing the affidavit of
 1115  compliance, then upon presentation of said affidavit by the
 1116  defendant to the clerk within the 30-day time period set forth
 1117  under s. 318.14(4), the fine must be reduced to $10, which the
 1118  clerk of the court shall retain and from which the clerk shall
 1119  remit $2.50 to the Department of Revenue for deposit into the
 1120  General Revenue Fund.
 1121         (11)(a) In addition to the stated fine, court costs must be
 1122  paid in the following amounts and shall be deposited by the
 1123  clerk into the fine and forfeiture fund established pursuant to
 1124  s. 142.01 except as provided in this paragraph:
 1125         For pedestrian infractions $4, from which the clerk shall
 1126  remit $1 to the Department of Revenue for deposit into the
 1127  General Revenue Fund.
 1128         For nonmoving traffic infractions  $18, from which the
 1129  clerk shall remit $2 to the Department of Revenue for deposit
 1130  into the General Revenue Fund.
 1131         For moving traffic infractions $35, from which the clerk
 1132  shall remit $5 to the Department of Revenue for deposit into the
 1133  General Revenue Fund.
 1134         (18) In addition to any penalties imposed, an
 1135  administrative fee of $12.50 must be paid for all noncriminal
 1136  moving and nonmoving violations under chapters 316, 320, and
 1137  322. The clerk shall remit the administrative fee to the
 1138  Department of Revenue for deposit into the General Revenue Fund.
 1139  Revenue from the administrative fee shall be deposited by the
 1140  clerk of court into the fine and forfeiture fund established
 1141  pursuant to s. 142.01.
 1142         Section 19. Effective upon this act becoming a law and
 1143  retroactive to July 1, 2008, subsections (1) and (2) of section
 1144  322.245, Florida Statutes, are amended to read:
 1145         322.245 Suspension of license upon failure of person
 1146  charged with specified offense under chapter 316, chapter 320,
 1147  or this chapter to comply with directives ordered by traffic
 1148  court or upon failure to pay child support in non-IV-D cases as
 1149  provided in chapter 61 or failure to pay any financial
 1150  obligation in any other criminal case.—
 1151         (1) If a person charged with a violation of any of the
 1152  criminal offenses enumerated in s. 318.17 or with the commission
 1153  of any offense constituting a misdemeanor under chapter 320 or
 1154  this chapter fails to comply with all of the directives of the
 1155  court within the time allotted by the court, the clerk of the
 1156  traffic court shall mail to the person, at the address specified
 1157  on the uniform traffic citation, a notice of such failure,
 1158  notifying him or her that, if he or she does not comply with the
 1159  directives of the court within 30 days after the date of the
 1160  notice and pay a delinquency fee of up to $25 to the clerk, from
 1161  which the clerk shall remit $10 to the Department of Revenue for
 1162  deposit into the General Revenue Fund, his or her driver license
 1163  will be suspended. The notice shall be mailed no later than 5
 1164  days after such failure. The delinquency fee may be retained by
 1165  the office of the clerk to defray the operating costs of the
 1166  office.
 1167         (2) In non-IV-D cases, if a person fails to pay child
 1168  support under chapter 61 and the obligee so requests, the
 1169  depository or the clerk of the court shall mail in accordance
 1170  with s. 61.13016 the notice specified in that section, notifying
 1171  him or her that if he or she does not comply with the
 1172  requirements of that section and pay a delinquency fee of $25 to
 1173  the depository or the clerk, his or her driver license and motor
 1174  vehicle registration will be suspended. The delinquency fee may
 1175  be retained by the depository or the office of the clerk to
 1176  defray the operating costs of the office after the clerk remits
 1177  $15 to the Department of Revenue for deposit into the General
 1178  Revenue Fund.
 1179         Section 20. Effective upon this act becoming a law and
 1180  retroactive to July 1, 2008, subsections (2) and (4) of section
 1181  327.35, Florida Statutes, are amended to read:
 1182         327.35 Boating under the influence; penalties; “designated
 1183  drivers.”—
 1184         (2)(a) Except as provided in paragraph (b), subsection (3),
 1185  or subsection (4), any person who is convicted of a violation of
 1186  subsection (1) shall be punished:
 1187         1. By a fine of:
 1188         a. Not less than $500 or more than $1,000 for a first
 1189  conviction.
 1190         b. Not less than $1,000 or more than $2,000 for a second
 1191  conviction; and
 1192         2. By imprisonment for:
 1193         a. Not more than 6 months for a first conviction.
 1194         b. Not more than 9 months for a second conviction.
 1195  
 1196  The portion of a fine imposed in excess of $500 pursuant to sub
 1197  subparagraph 1.a. and the portion of a fine imposed in excess of
 1198  $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
 1199  the clerk to the Department of Revenue for deposit into the
 1200  General Revenue Fund.
 1201         (b)1. Any person who is convicted of a third violation of
 1202  this section for an offense that occurs within 10 years after a
 1203  prior conviction for a violation of this section commits a
 1204  felony of the third degree, punishable as provided in s.
 1205  775.082, s. 775.083, or s. 775.084.
 1206         2. Any person who is convicted of a third violation of this
 1207  section for an offense that occurs more than 10 years after the
 1208  date of a prior conviction for a violation of this section shall
 1209  be punished by a fine of not less than $2,000 or more than
 1210  $5,000 and by imprisonment for not more than 12 months. The
 1211  portion of a fine imposed in excess of $2,500 pursuant to this
 1212  subparagraph shall be remitted by the clerk to the Department of
 1213  Revenue for deposit into the General Revenue Fund.
 1214         3. Any person who is convicted of a fourth or subsequent
 1215  violation of this section, regardless of when any prior
 1216  conviction for a violation of this section occurred, commits a
 1217  felony of the third degree, punishable as provided in s.
 1218  775.082, s. 775.083, or s. 775.084.
 1219  
 1220         However, the fine imposed for such fourth or subsequent
 1221  violation may not be less than $2,000. The portion of such fine
 1222  imposed in excess of $1,000 shall be remitted by the clerk to
 1223  the Department of Revenue for deposit into the General Revenue
 1224  Fund.
 1225         (4) Any person who is convicted of a violation of
 1226  subsection (1) and who has a blood-alcohol level or breath
 1227  alcohol level of 0.15 or higher, or any person who is convicted
 1228  of a violation of subsection (1) and who at the time of the
 1229  offense was accompanied in the vessel by a person under the age
 1230  of 18 years, shall be punished:
 1231         (a) By a fine of:
 1232         1. Not less than $1,000 or more than $2,000 for a first
 1233  conviction.
 1234         2. Not less than $2,000 or more than $4,000 for a second
 1235  conviction.
 1236         3. Not less than $4,000 for a third or subsequent
 1237  conviction.
 1238         (b) By imprisonment for:
 1239         1. Not more than 9 months for a first conviction.
 1240         2. Not more than 12 months for a second conviction.
 1241  
 1242         The portion of a fine imposed in excess of $1,000 pursuant
 1243  to paragraph (a)1. and the portion of a fine imposed in excess
 1244  of $2,000 pursuant to paragraph (a)2. or (a)3., shall be
 1245  remitted by the clerk to the Department of Revenue for deposit
 1246  into the General Revenue Fund. For the purposes of this
 1247  subsection, only the instant offense is required to be a
 1248  violation of subsection (1) by a person who has a blood-alcohol
 1249  level or breath-alcohol level of 0.15 or higher.
 1250         Section 21. Effective upon this act becoming a law and
 1251  retroactive to July 1, 2008, subsection (4), paragraph (a) of
 1252  subsection (9), and paragraph (a) of subsection (11) of section
 1253  327.73, Florida Statutes, are amended to read:
 1254         327.73 Noncriminal infractions.—
 1255         (4) Any person charged with a noncriminal infraction under
 1256  this section may:
 1257         (a) Pay the civil penalty, either by mail or in person,
 1258  within 30 days of the date of receiving the citation; or,
 1259         (b) If he or she has posted bond, forfeit bond by not
 1260  appearing at the designated time and location.
 1261  
 1262         If the person cited follows either of the above procedures,
 1263  he or she shall be deemed to have admitted the noncriminal
 1264  infraction and to have waived the right to a hearing on the
 1265  issue of commission of the infraction. Such admission shall not
 1266  be used as evidence in any other proceedings. If a person who is
 1267  cited for a violation of s. 327.395 can show a boating safety
 1268  identification card issued to that person and valid at the time
 1269  of the citation, the clerk of the court may dismiss the case and
 1270  may assess a dismissal fee of up to $10, from which the clerk
 1271  shall remit $2.50 to the Department of Revenue for deposit into
 1272  the General Revenue Fund. If a person who is cited for a
 1273  violation of s. 328.72(13) can show proof of having a
 1274  registration for that vessel which was valid at the time of the
 1275  citation, the clerk may dismiss the case and may assess the
 1276  dismissal fee, from which the clerk shall remit $2.50 to the
 1277  Department of Revenue for deposit into the General Revenue Fund.
 1278         (9)(a) Any person who fails to comply with the court’s
 1279  requirements or who fails to pay the civil penalties specified
 1280  in this section within the 30-day period provided for in s.
 1281  327.72 must pay an additional court cost of up to $20, which
 1282  shall be used by the clerks of the courts to defray the costs of
 1283  tracking unpaid uniform boating citations, from which the clerk
 1284  shall remit $2 to the Department of Revenue for deposit into the
 1285  General Revenue Fund.
 1286         (11)(a) Court costs that are to be in addition to the
 1287  stated civil penalty shall be imposed by the court in an amount
 1288  not less than the following:
 1289         1. For swimming or diving infractions, $4, from which the
 1290  clerk shall remit $1 to the Department of Revenue for deposit
 1291  into the General Revenue Fund.
 1292         2. For nonmoving boating infractions, $18, from which the
 1293  clerk shall remit $12 to the Department of Revenue for deposit
 1294  into the General Revenue Fund.
 1295         3. For boating infractions listed in s. 327.731(1), $35,
 1296  from which the clerk shall remit $25 to the Department of
 1297  Revenue for deposit into the General Revenue Fund.
 1298  
 1299         Court costs imposed under this subsection may not exceed
 1300  $45. A criminal justice selection center or both local criminal
 1301  justice access and assessment centers may be funded from these
 1302  court costs.
 1303         Section 22. Effective upon this act becoming a law and
 1304  retroactive to July 1, 2008, paragraph (i) of subsection (1) of
 1305  section 379.401, Florida Statutes, is amended to read:
 1306         379.401 Penalties and violations; civil penalties for
 1307  noncriminal infractions; criminal penalties; suspension and
 1308  forfeiture of licenses and permits.—
 1309         (1) LEVEL ONE VIOLATIONS.—
 1310         (i) A person cited for violating the requirements of s.
 1311  379.354 relating to personal possession of a license or permit
 1312  may not be convicted if, before or at the time of a county court
 1313  hearing, the person produces the required license or permit for
 1314  verification by the hearing officer or the court clerk. The
 1315  license or permit must have been valid at the time the person
 1316  was cited. The clerk or hearing officer may assess a $10 fee for
 1317  costs under this paragraph, from which the clerk shall remit $5
 1318  to the Department of Revenue for deposit into the General
 1319  Revenue Fund.
 1320         Section 23. Effective upon this act becoming a law and
 1321  retroactive to July 1, 2008, paragraph (b) of subsection (1) of
 1322  section 713.24, Florida Statutes, is amended to read:
 1323         713.24 Transfer of liens to security.—
 1324         (1) Any lien claimed under this part may be transferred, by
 1325  any person having an interest in the real property upon which
 1326  the lien is imposed or the contract under which the lien is
 1327  claimed, from such real property to other security by either:
 1328         (b) Filing in the clerk’s office a bond executed as surety
 1329  by a surety insurer licensed to do business in this state,
 1330  
 1331         either to be in an amount equal to the amount demanded in
 1332  such claim of lien, plus interest thereon at the legal rate for
 1333  3 years, plus $1,000 or 25 percent of the amount demanded in the
 1334  claim of lien, whichever is greater, to apply on any attorney’s
 1335  fees and court costs that may be taxed in any proceeding to
 1336  enforce said lien. Such deposit or bond shall be conditioned to
 1337  pay any judgment or decree which may be rendered for the
 1338  satisfaction of the lien for which such claim of lien was
 1339  recorded. Upon making such deposit or filing such bond, the
 1340  clerk shall make and record a certificate showing the transfer
 1341  of the lien from the real property to the security and shall
 1342  mail a copy thereof by registered or certified mail to the
 1343  lienor named in the claim of lien so transferred, at the address
 1344  stated therein. Upon filing the certificate of transfer, the
 1345  real property shall thereupon be released from the lien claimed,
 1346  and such lien shall be transferred to said security. In the
 1347  absence of allegations of privity between the lienor and the
 1348  owner, and subject to any order of the court increasing the
 1349  amount required for the lien transfer deposit or bond, no other
 1350  judgment or decree to pay money may be entered by the court
 1351  against the owner. The clerk shall be entitled to a service
 1352  charge for making and serving the certificate, in the amount of
 1353  up to $20, from which the clerk shall remit $5 to the Department
 1354  of Revenue for deposit into the General Revenue Fund. If the
 1355  transaction involves the transfer of multiple liens, an
 1356  additional charge of up to $10 for each additional lien shall be
 1357  charged, from which the clerk shall remit $2.50 to the
 1358  Department of Revenue for deposit into the General Revenue Fund.
 1359  For recording the certificate and approving the bond, the clerk
 1360  shall receive her or his usual statutory service charges as
 1361  prescribed in s. 28.24. Any number of liens may be transferred
 1362  to one such security.
 1363         Section 24. Effective upon this act becoming a law and
 1364  retroactive to July 1, 2008, subsection (3) of section 721.83,
 1365  Florida Statutes, is amended to read:
 1366         721.83 Consolidation of judicial foreclosure actions.—
 1367         (3) A consolidated timeshare foreclosure action shall be
 1368  considered a single action, suit, or proceeding for the payment
 1369  of filing fees and service charges pursuant to general law. In
 1370  addition to the payment of such filing fees and service charges,
 1371  an additional filing fee of up to $10 from which the clerk shall
 1372  remit $5 to the Department of Revenue for deposit into the
 1373  General Revenue Fund for each timeshare interest joined in that
 1374  action shall be paid to the clerk of court.
 1375         Section 25. Effective upon this act becoming a law and
 1376  retroactive to July 1, 2008, paragraph (a) of subsection (6) of
 1377  section 744.365, Florida Statutes, is amended to read:
 1378         744.365 Verified inventory.—
 1379         (6) AUDIT FEE.—
 1380         (a) Where the value of the ward’s property exceeds $25,000,
 1381  a guardian shall pay from the ward’s property to the clerk of
 1382  the circuit court a fee of up to $85 from which the clerk shall
 1383  remit $10 to the Department of Revenue for deposit into the
 1384  General Revenue Fund, upon the filing of the verified inventory,
 1385  for the auditing of the inventory. Upon petition by the
 1386  guardian, the court may waive the auditing fee upon a showing of
 1387  insufficient funds in the ward’s estate. Any guardian unable to
 1388  pay the auditing fee may petition the court for waiver of the
 1389  fee. The court may waive the fee after it has reviewed the
 1390  documentation filed by the guardian in support of the waiver.
 1391         Section 26. Effective upon this act becoming a law and
 1392  retroactive to July 1, 2008, sSubsection (4) of section
 1393  744.3678, Florida Statutes, is amended to read:
 1394         744.3678 Annual accounting.—
 1395         (4) The guardian shall pay from the ward’s estate to the
 1396  clerk of the circuit court a fee based upon the following
 1397  graduated fee schedule, upon the filing of the annual financial
 1398  return, for the auditing of the return:
 1399         (a) For estates with a value of $25,000 or less the clerk
 1400  of the court may charge a fee of up to $20 from which the clerk
 1401  shall remit $5 to the Department of Revenue for deposit into the
 1402  General Revenue Fund.
 1403         (b) For estates with a value of more than $25,000 up to and
 1404  including $100,000 the clerk of the court may charge a fee of up
 1405  to $85 from which the clerk shall remit $10 to the Department of
 1406  Revenue for deposit into the General Revenue Fund.
 1407         (c) For estates with a value of more than $100,000 up to
 1408  and including $500,000 the clerk of the court may charge a fee
 1409  of up to $170 from which the clerk shall remit $20 to the
 1410  Department of Revenue for deposit into the General Revenue Fund.
 1411         (d) For estates with a value in excess of $500,000 the
 1412  clerk of the court may charge a fee of up to $250 from which the
 1413  clerk shall remit $25 to the Department of Revenue for deposit
 1414  into the General Revenue Fund.
 1415  
 1416         Upon petition by the guardian, the court may waive the
 1417  auditing fee upon a showing of insufficient funds in the ward’s
 1418  estate. Any guardian unable to pay the auditing fee may petition
 1419  the court for a waiver of the fee. The court may waive the fee
 1420  after it has reviewed the documentation filed by the guardian in
 1421  support of the waiver.
 1422         Section 27. Effective upon this act becoming a law and
 1423  retroactive to July 1, 2008, subsection (2) of section 766.104,
 1424  Florida Statutes, is amended to read:
 1425         766.104 Medical negligence cases; reasonable investigation
 1426  required before filing.—
 1427         (2) Upon petition to the clerk of the court where the suit
 1428  will be filed and payment to the clerk of a filing fee, not to
 1429  exceed $42 from which the clerk shall remit $4.50 to the
 1430  Department of Revenue for deposit into the General Revenue Fund,
 1431  an automatic 90-day extension of the statute of limitations
 1432  shall be granted to allow the reasonable investigation required
 1433  by subsection (1). This period shall be in addition to other
 1434  tolling periods. No court order is required for the extension to
 1435  be effective. The provisions of this subsection shall not be
 1436  deemed to revive a cause of action on which the statute of
 1437  limitations has run.
 1438         Section 28. Effective upon this act becoming a law and
 1439  retroactive to July 1, 2008, subsection (1) of section 938.05,
 1440  Florida Statutes, is amended to read:
 1441         938.05 Additional court costs for felonies, misdemeanors,
 1442  and criminal traffic offenses.—
 1443         (1) Any person pleading nolo contendere to a misdemeanor or
 1444  criminal traffic offense under s. 318.14(10)(a) or pleading
 1445  guilty or nolo contendere to, or being found guilty of, any
 1446  felony, misdemeanor, or criminal traffic offense under the laws
 1447  of this state or the violation of any municipal or county
 1448  ordinance which adopts by reference any misdemeanor under state
 1449  law, shall pay as a cost in the case, in addition to any other
 1450  cost required to be imposed by law, a sum in accordance with the
 1451  following schedule:
 1452         (a) Felonies $225 from which the clerk shall remit $25 to
 1453  the Department of Revenue for deposit into the General Revenue
 1454  Fund
 1455         (b) Misdemeanors $60 from which the clerk shall remit $10
 1456  to the Department of Revenue for deposit into the General
 1457  Revenue Fund
 1458         (c) Criminal traffic offenses $60 from which the clerk
 1459  shall remit $10 to the Department of Revenue for deposit into
 1460  the General Revenue Fund
 1461         Section 29. The amendments made by this act to ss. 27.52,
 1462  28.24, 28.2401, 28.241, 34.041, 45.035, 55.505, 61.14, 316.193,
 1463  318.14, 318.15, 318.18, 322.245, 327.35, 327.73, 379.401,
 1464  713.24, 721.83, 744.365, 744.3678, 766.104, and 938.05, Florida
 1465  Statutes, are remedial and clarifying in nature and apply
 1466  retroactively to July 1, 2008.
 1467         Section 30. The amendments to the jurisdiction of a court
 1468  made by this act shall apply with respect to the date of filing
 1469  the cause of action, regardless of when the cause of action
 1470  accrued.
 1471         Section 31. Before the 2022 Regular Session of the
 1472  Legislature, the Legislature shall review and consider the
 1473  results of the analysis submitted pursuant to Specific
 1474  Appropriation 2754 of the 2019-2020 General Appropriations Act
 1475  regarding the review of the Clerk of Court Processes for the
 1476  purpose of considering the extension or reenactment of
 1477  provisions in this act relating to clerk funding.
 1478         Section 32. Except as otherwise provided, and except for
 1479  this section, which shall take effect upon becoming a law, this
 1480  act shall take effect July 1, 2019.
 1481  
 1482  ================= T I T L E  A M E N D M E N T ================
 1483  And the title is amended as follows:
 1484         Delete everything before the enacting clause
 1485  and insert:
 1486                        A bill to be entitled                      
 1487         An act relating to courts; amending s. 28.241, F.S.;
 1488         requiring specified filing fees for appeals from
 1489         certain county courts; amending s. 28.35, F.S.;
 1490         modifying calculation of total combined budgets of the
 1491         clerks of the court; providing a definition; amending
 1492         s. 28.36, F.S.; providing for modified revenue
 1493         projection relating to proposed budget of clerks of
 1494         the court; providing a definition; amending s. 28.37,
 1495         F.S.; providing for deposit of certain funds into
 1496         specified trust funds or General Revenue Fund;
 1497         amending s. 27.52, F.S.; providing for deposit of
 1498         certain fees into General Revenue Fund; amending s.
 1499         28.24, F.S.; providing for deposit of certain fees
 1500         into General Revenue Fund; amending s. 28.2401, F.S.;
 1501         providing for deposit of certain fees into General
 1502         Revenue Fund; amending s. 28.241, F.S.; providing for
 1503         deposit of certain fees into General Revenue Fund;
 1504         amending s. 34.01, F.S.; increasing the jurisdictional
 1505         limit for actions at law by county courts on specified
 1506         dates; requiring the State Courts Administrator to
 1507         submit a report containing certain recommendations and
 1508         reviews to the Governor and the Legislature by a
 1509         specified date; amending s. 34.041, F.S.; providing
 1510         for deposit of certain fees into the General Revenue
 1511         Fund; providing county court civil filing fees for
 1512         claims of specified values; providing for distribution
 1513         of the fees; amending s. 44.108, F.S.; prohibiting the
 1514         levy of certain fees for mediation and arbitration
 1515         services in certain cases; amending s. 45.035, F.S.;
 1516         providing for deposit of certain fees into General
 1517         Revenue Fund; amending s. 55.505, F.S.; providing for
 1518         deposit of certain fees into General Revenue Fund;
 1519         amending s. 61.14, F.S.; providing for deposit of
 1520         certain fees into General Revenue Fund; amending s.
 1521         316.193, F.S., providing for deposit of certain fees
 1522         into General Revenue Fund; amending s. 318.14, F.S.,
 1523         providing for deposit of certain fees into General
 1524         Revenue Fund; amending s. 318.15, F.S.; providing for
 1525         deposit of certain fees into General Revenue Fund;
 1526         amending s. 318.18, F.S.; providing for deposit of
 1527         certain fees into General Revenue Fund; amending s.
 1528         322.245, F.S.; providing for deposit of certain fees
 1529         into General Revenue Fund; amending s. 327.35, F.S.;
 1530         providing for deposit of certain fees into General
 1531         Revenue Fund; amending s. 327.73, F.S.; providing for
 1532         deposit of certain fees into General Revenue Fund;
 1533         amending s. 379.401, F.S.; providing for deposit of
 1534         certain fees into General Revenue Fund; amending s.
 1535         713.24, F.S.; providing for deposit of certain fees
 1536         into General Revenue Fund; amending s. 721.83, F.S.;
 1537         providing for deposit of certain fees into General
 1538         Revenue Fund; amending s. 744.365, F.S.; providing for
 1539         deposit of certain fees into General Revenue Fund;
 1540         amending s. 744.3678, F.S.; providing for deposit of
 1541         certain fees into General Revenue Fund; amending s.
 1542         766.104, F.S.; providing for deposit of certain fees
 1543         into General Revenue Fund; amending s. 938.05, F.S.;
 1544         providing for deposit of certain fees into General
 1545         Revenue Fund; providing for retroactivity; providing
 1546         applicability; requiring a certain Legislative review;
 1547         providing effective dates.