Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 328
       
       
       
       
       
       
                                Ì7544721Î754472                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2019           .                                
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       The Committee on Infrastructure and Security (Brandes)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 28.241, Florida
    6  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 $250 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. Subsection (1) of section 34.01, Florida
   35  Statutes, is amended to read:
   36         34.01 Jurisdiction of county court.—
   37         (1) County courts shall have original jurisdiction:
   38         (a) In all misdemeanor cases not cognizable by the circuit
   39  courts.;
   40         (b) Of all violations of municipal and county ordinances.;
   41         (c) Of all actions at law, except those within the
   42  exclusive jurisdiction of the circuit courts, in which the
   43  matter in controversy does not exceed the sum of $15,000,
   44  exclusive of interest, costs, and attorney attorney’s fees:,
   45  except those within the exclusive jurisdiction of the circuit
   46  courts; and
   47         1.If filed on or before June 30, 2019, the sum of $15,000.
   48         2.If filed on or after July 1, 2019, the sum of $30,000.
   49         3.If filed on or after July 1, 2021, the sum of $50,000.
   50         (d) Of disputes occurring in the homeowners’ associations
   51  as described in s. 720.311(2)(a), which shall be concurrent with
   52  jurisdiction of the circuit courts.
   53  
   54  By March 1, 2021, the State Courts Administrator shall submit a
   55  report to the Governor, the President of the Senate, and the
   56  Speaker of the House of Representatives. The report must make
   57  recommendations regarding the adjustment of county court
   58  jurisdiction, including, but not limited to, an analysis of
   59  workflow, timely access to court by litigants, and any resulting
   60  fiscal impact to the state as a result of adjusted
   61  jurisdictional limits. The report must also include a review of
   62  fees to ensure that the court system is adequately funded and a
   63  review of the appellate jurisdiction of the district courts and
   64  the circuit courts.
   65         Section 3. Paragraphs (a), (b), and (c) of subsection (1)
   66  of section 34.041, Florida Statutes, are amended, and paragraph
   67  (e) is added to that subsection, to read:
   68         34.041 Filing fees.—
   69         (1)(a) Filing fees are due at the time a party files a
   70  pleading to initiate a proceeding or files a pleading for
   71  relief. Reopen fees are due at the time a party files a pleading
   72  to reopen a proceeding if at least 90 days have elapsed since
   73  the filing of a final order or final judgment with the clerk. If
   74  a fee is not paid upon the filing of the pleading as required
   75  under this section, the clerk shall pursue collection of the fee
   76  pursuant to s. 28.246. Upon the institution of any civil action,
   77  suit, or proceeding in county court, the party shall pay the
   78  following filing fee, not to exceed:
   79         1. For all claims less than $100.....................$50.
   80         2. For all claims of $100 or more but not more than
   81  $500........................................................$75.
   82         3. For all claims of more than $500 but not more than
   83  $2,500.....................................................$170.
   84         4. For all claims of more than $2,500 but not more than
   85  $15,000....................................................$295.
   86         5. For all claims more than $15,000.................$395.
   87         6.5. In addition, for all proceedings of garnishment,
   88  attachment, replevin, and distress..........................$85.
   89         7.6. Notwithstanding subparagraphs 3. and 6. 5., for all
   90  claims of not more than $1,000 filed simultaneously with an
   91  action for replevin of property that is the subject of the
   92  claim......................................................$125.
   93         8.7. For removal of tenant action...................$180.
   94  
   95  The filing fee in subparagraph 7. 6. is the total fee due under
   96  this paragraph for that type of filing, and no other filing fee
   97  under this paragraph may be assessed against such a filing.
   98         (b) The first $15 of the filing fee collected under
   99  subparagraph (a)4. and the first $10 of the filing fee collected
  100  under subparagraph (a)8. subparagraph (a)7. shall be deposited
  101  in the State Courts Revenue Trust Fund. By the 10th day of each
  102  month, the clerk shall submit that portion of the fees collected
  103  in the previous month which is in excess of one-twelfth of the
  104  clerk’s total budget for the performance of court-related
  105  functions to the Department of Revenue for deposit into the
  106  Clerks of the Court Trust Fund. An additional filing fee of $4
  107  shall be paid to the clerk. The clerk shall transfer $3.50 to
  108  the Department of Revenue for deposit into the Court Education
  109  Trust Fund and shall transfer 50 cents to the Department of
  110  Revenue for deposit into the Administrative Trust Fund within
  111  the Department of Financial Services to fund clerk education
  112  provided by the Florida Clerks of Court Operations Corporation.
  113  Postal charges incurred by the clerk of the county court in
  114  making service by mail on defendants or other parties shall be
  115  paid by the party at whose instance service is made. Except as
  116  provided in this section, filing fees and service charges for
  117  performing duties of the clerk relating to the county court
  118  shall be as provided in ss. 28.24 and 28.241. Except as
  119  otherwise provided in this section, all filing fees shall be
  120  retained as fee income of the office of the clerk of the circuit
  121  court. Filing fees imposed by this section may not be added to
  122  any penalty imposed by chapter 316 or chapter 318.
  123         (c) A party in addition to a party described in paragraph
  124  (a) who files a pleading in an original civil action in the
  125  county court for affirmative relief by cross-claim,
  126  counterclaim, counterpetition, or third-party complaint, or who
  127  files a notice of cross-appeal or notice of joinder or motion to
  128  intervene as an appellant, cross-appellant, or petitioner, shall
  129  pay the clerk of court a fee of $295 if the relief sought by the
  130  party under this paragraph exceeds $2,500 but is not more than
  131  $15,000 and $395 if the relief sought by the party under this
  132  paragraph exceeds $15,000. The clerk shall remit the fee if the
  133  relief sought by the party under this paragraph exceeds $2,500
  134  but is not more than $15,000 to the Department of Revenue for
  135  deposit into the General Revenue Fund. This fee does not apply
  136  if the cross-claim, counterclaim, counterpetition, or third
  137  party complaint requires transfer of the case from county to
  138  circuit court. However, the party shall pay to the clerk the
  139  standard filing fee for the court to which the case is to be
  140  transferred.
  141         (e)Of the first $200 in filing fees payable under
  142  subparagraph (a)5., $195 must be remitted to the Department of
  143  Revenue for deposit into the State Courts Revenue Trust Fund, $4
  144  must be remitted to the Department of Revenue for deposit into
  145  the Administrative Trust Fund within the Department of Financial
  146  Services and used to fund the contract with the Florida Clerks
  147  of Court Operations Corporation created in s. 28.35, and $1 must
  148  be remitted to the Department of Revenue for deposit into the
  149  Administrative Trust Fund within the Department of Financial
  150  Services to fund audits of individual clerks’ court-related
  151  expenditures conducted by the Department of Financial Services.
  152  By the 10th day of each month, the clerk shall submit that
  153  portion of the filing fees collected pursuant to this subsection
  154  in the previous month which is in excess of one-twelfth of the
  155  clerk’s total budget to the Department of Revenue for deposit
  156  into the Clerks of the Court Trust Fund.
  157         Section 4. Section 44.108, Florida Statutes, is amended to
  158  read:
  159         44.108 Funding of mediation and arbitration.—
  160         (1) Mediation and arbitration should be accessible to all
  161  parties regardless of financial status. A filing fee of $1 is
  162  levied on all proceedings in the circuit or county courts to
  163  fund mediation and arbitration services which are the
  164  responsibility of the Supreme Court pursuant to the provisions
  165  of s. 44.106. However, the filing fee may not be levied upon an
  166  appeal from the county court to the circuit court for a claim
  167  that is greater than $15,000. The clerk of the court shall
  168  forward the moneys collected to the Department of Revenue for
  169  deposit in the State Courts Revenue Trust Fund.
  170         (2) When court-ordered mediation services are provided by a
  171  circuit court’s mediation program, the following fees, unless
  172  otherwise established in the General Appropriations Act, shall
  173  be collected by the clerk of court:
  174         (a) One-hundred twenty dollars per person per scheduled
  175  session in family mediation when the parties’ combined income is
  176  greater than $50,000, but less than $100,000 per year;
  177         (b) Sixty dollars per person per scheduled session in
  178  family mediation when the parties’ combined income is less than
  179  $50,000; or
  180         (c) Sixty dollars per person per scheduled session in
  181  county court cases involving an amount in controversy not
  182  exceeding $15,000.
  183  
  184  No mediation fees shall be assessed under this subsection in
  185  residential eviction cases, against a party found to be
  186  indigent, or for any small claims action. Fees collected by the
  187  clerk of court pursuant to this section shall be remitted to the
  188  Department of Revenue for deposit into the State Courts Revenue
  189  Trust Fund to fund court-ordered mediation. The clerk of court
  190  may deduct $1 per fee assessment for processing this fee. The
  191  clerk of the court shall submit to the chief judge of the
  192  circuit and to the Office of the State Courts Administrator, no
  193  later than 30 days after the end of each quarter of the fiscal
  194  year, a report specifying the amount of funds collected and
  195  remitted to the State Courts Revenue Trust Fund under this
  196  section and any other section during the previous quarter of the
  197  fiscal year. In addition to identifying the total aggregate
  198  collections and remissions from all statutory sources, the
  199  report must identify collections and remissions by each
  200  statutory source.
  201         Section 5. Section 45.21, Florida Statutes, is created to
  202  read:
  203         45.21Reasonableness of amount in controversy; procedures.—
  204         (1)In any civil action in which the court’s jurisdiction
  205  is dependent on the amount in controversy, the defendant may, as
  206  a matter of right, demand proof of the reasonableness of the
  207  amount in controversy within 30 days after the complaint is
  208  filed. The defendant need not offer any evidence or argument to
  209  support the demand.
  210         (2)A demand pursuant to subsection (1) is deemed a
  211  responsive pleading for purposes of the rules of procedure and
  212  the following procedures shall apply:
  213         (a)The court must promptly hold a hearing to determine
  214  whether the amount in controversy as alleged in the complaint is
  215  reasonable.
  216         (b)At the hearing, the plaintiff must demonstrate, by a
  217  preponderance of the evidence, a reasonable likelihood of
  218  recovering at least the amount alleged in the complaint.
  219         (c)If the court finds that the plaintiff has not made the
  220  showing as required in paragraph (b), the court must transfer
  221  the matter to the appropriate court.
  222         Section 6. The amendments to the jurisdiction of a court
  223  made by this act shall apply with respect to the date of filing
  224  the cause of action, regardless of when the cause of action
  225  accrued.
  226         Section 7. This act shall take effect July 1, 2019.
  227  
  228  ================= T I T L E  A M E N D M E N T ================
  229  And the title is amended as follows:
  230         Delete everything before the enacting clause
  231  and insert:
  232                        A bill to be entitled                      
  233         An act relating to courts; amending s. 28.241, F.S.;
  234         requiring specified filing fees for appeals from
  235         certain county courts; amending s. 34.01, F.S.;
  236         increasing the jurisdictional limit for actions at law
  237         by county courts on specified dates; requiring the
  238         State Courts Administrator to submit a report
  239         containing certain recommendations and reviews to the
  240         Governor and the Legislature by a specified date;
  241         amending s. 34.041, F.S.; providing county court civil
  242         filing fees for claims of specified values; providing
  243         for distribution of the fees; amending s. 44.108,
  244         F.S.; prohibiting the levy of certain fees for
  245         mediation and arbitration services in certain cases;
  246         creating s. 45.21, F.S., authorizing certain
  247         defendants to demand that a court issue a ruling
  248         related to proper court venue; authorizing a court to
  249         transfer certain civil cases if specified criteria are
  250         met; providing applicability; providing an effective
  251         date.