Florida Senate - 2019                       CS for CS for SB 328
       
       
        
       By the Committees on Infrastructure and Security; and Judiciary;
       and Senator Brandes
       
       
       
       
       596-04062-19                                           2019328c2
    1                        A bill to be entitled                      
    2         An act relating to courts; amending s. 28.241, F.S.;
    3         requiring specified filing fees for appeals from
    4         certain county courts; amending s. 34.01, F.S.;
    5         increasing the jurisdictional limit for actions at law
    6         by county courts on specified dates; requiring the
    7         State Courts Administrator to submit a report
    8         containing certain recommendations and reviews to the
    9         Governor and the Legislature by a specified date;
   10         amending s. 34.041, F.S.; providing county court civil
   11         filing fees for claims of specified values; providing
   12         for distribution of the fees; amending s. 44.108,
   13         F.S.; prohibiting the levy of certain fees for
   14         mediation and arbitration services in certain cases;
   15         creating s. 45.21, F.S., authorizing certain
   16         defendants to demand that a court issue a ruling
   17         related to proper court venue; authorizing a court to
   18         transfer certain civil cases if specified criteria are
   19         met; providing applicability; providing an effective
   20         date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (2) of section 28.241, Florida
   25  Statutes, is amended to read:
   26         28.241 Filing fees for trial and appellate proceedings.—
   27         (2)(a) Upon the institution of any appellate proceeding
   28  from any lower court to the circuit court of any such county,
   29  including appeals filed by a county or municipality as provided
   30  in s. 34.041(5), or from the circuit court to an appellate court
   31  of the state, the clerk shall charge and collect from the party
   32  or parties instituting such appellate proceedings:
   33         1. A filing fee not to exceed $280 for filing a notice of
   34  appeal from the county court to the circuit court, excluding a
   35  civil case in which the matter in controversy was more than
   36  $15,000.
   37         2.A filing fee not to exceed $400 for filing a notice of
   38  appeal from the county court to the circuit court for a civil
   39  case in which the matter in controversy was more than $15,000.
   40  The clerk shall remit $250 of each filing fee collected under
   41  this subparagraph to the Department of Revenue for deposit into
   42  the General Revenue Fund and the clerk shall remit $50 of each
   43  filing fee to the Department of Revenue for deposit into the
   44  State Courts Revenue Trust Fund to fund court operations as
   45  authorized in the General Appropriations Act. The clerk shall
   46  retain an accounting of each such remittance. and,
   47         3. In addition to the filing fee required under s. 25.241
   48  or s. 35.22, $100 for filing a notice of appeal from the circuit
   49  court to the district court of appeal or to the Supreme Court.
   50         (b) If the party is determined to be indigent, the clerk
   51  shall defer payment of the fee otherwise required by this
   52  subsection.
   53         Section 2. Subsection (1) of section 34.01, Florida
   54  Statutes, is amended to read:
   55         34.01 Jurisdiction of county court.—
   56         (1) County courts shall have original jurisdiction:
   57         (a) In all misdemeanor cases not cognizable by the circuit
   58  courts.;
   59         (b) Of all violations of municipal and county ordinances.;
   60         (c) Of all actions at law, except those within the
   61  exclusive jurisdiction of the circuit courts, in which the
   62  matter in controversy does not exceed the sum of $15,000,
   63  exclusive of interest, costs, and attorney attorney’s fees:,
   64  except those within the exclusive jurisdiction of the circuit
   65  courts; and
   66         1.If filed on or before June 30, 2019, the sum of $15,000.
   67         2.If filed on or after July 1, 2019, the sum of $30,000.
   68         3.If filed on or after July 1, 2021, the sum of $50,000.
   69         (d) Of disputes occurring in the homeowners’ associations
   70  as described in s. 720.311(2)(a), which shall be concurrent with
   71  jurisdiction of the circuit courts.
   72  
   73  By March 1, 2021, the State Courts Administrator shall submit a
   74  report to the Governor, the President of the Senate, and the
   75  Speaker of the House of Representatives. The report must make
   76  recommendations regarding the adjustment of county court
   77  jurisdiction, including, but not limited to, an analysis of
   78  workflow, timely access to court by litigants, and any resulting
   79  fiscal impact to the state as a result of adjusted
   80  jurisdictional limits. The report must also include a review of
   81  fees to ensure that the court system is adequately funded and a
   82  review of the appellate jurisdiction of the district courts and
   83  the circuit courts.
   84         Section 3. Paragraphs (a), (b), and (c) of subsection (1)
   85  of section 34.041, Florida Statutes, are amended, and paragraph
   86  (e) is added to that subsection, to read:
   87         34.041 Filing fees.—
   88         (1)(a) Filing fees are due at the time a party files a
   89  pleading to initiate a proceeding or files a pleading for
   90  relief. Reopen fees are due at the time a party files a pleading
   91  to reopen a proceeding if at least 90 days have elapsed since
   92  the filing of a final order or final judgment with the clerk. If
   93  a fee is not paid upon the filing of the pleading as required
   94  under this section, the clerk shall pursue collection of the fee
   95  pursuant to s. 28.246. Upon the institution of any civil action,
   96  suit, or proceeding in county court, the party shall pay the
   97  following filing fee, not to exceed:
   98         1. For all claims less than $100.....................$50.
   99         2. For all claims of $100 or more but not more than
  100  $500........................................................$75.
  101         3. For all claims of more than $500 but not more than
  102  $2,500.....................................................$170.
  103         4. For all claims of more than $2,500 but not more than
  104  $15,000....................................................$295.
  105         5. For all claims more than $15,000.................$395.
  106         6.5. In addition, for all proceedings of garnishment,
  107  attachment, replevin, and distress..........................$85.
  108         7.6. Notwithstanding subparagraphs 3. and 6. 5., for all
  109  claims of not more than $1,000 filed simultaneously with an
  110  action for replevin of property that is the subject of the
  111  claim......................................................$125.
  112         8.7. For removal of tenant action...................$180.
  113  
  114  The filing fee in subparagraph 7. 6. is the total fee due under
  115  this paragraph for that type of filing, and no other filing fee
  116  under this paragraph may be assessed against such a filing.
  117         (b) The first $15 of the filing fee collected under
  118  subparagraph (a)4. and the first $10 of the filing fee collected
  119  under subparagraph (a)8. subparagraph (a)7. shall be deposited
  120  in the State Courts Revenue Trust Fund. By the 10th day of each
  121  month, the clerk shall submit that portion of the fees collected
  122  in the previous month which is in excess of one-twelfth of the
  123  clerk’s total budget for the performance of court-related
  124  functions to the Department of Revenue for deposit into the
  125  Clerks of the Court Trust Fund. An additional filing fee of $4
  126  shall be paid to the clerk. The clerk shall transfer $3.50 to
  127  the Department of Revenue for deposit into the Court Education
  128  Trust Fund and shall transfer 50 cents to the Department of
  129  Revenue for deposit into the Administrative Trust Fund within
  130  the Department of Financial Services to fund clerk education
  131  provided by the Florida Clerks of Court Operations Corporation.
  132  Postal charges incurred by the clerk of the county court in
  133  making service by mail on defendants or other parties shall be
  134  paid by the party at whose instance service is made. Except as
  135  provided in this section, filing fees and service charges for
  136  performing duties of the clerk relating to the county court
  137  shall be as provided in ss. 28.24 and 28.241. Except as
  138  otherwise provided in this section, all filing fees shall be
  139  retained as fee income of the office of the clerk of the circuit
  140  court. Filing fees imposed by this section may not be added to
  141  any penalty imposed by chapter 316 or chapter 318.
  142         (c) A party in addition to a party described in paragraph
  143  (a) who files a pleading in an original civil action in the
  144  county court for affirmative relief by cross-claim,
  145  counterclaim, counterpetition, or third-party complaint, or who
  146  files a notice of cross-appeal or notice of joinder or motion to
  147  intervene as an appellant, cross-appellant, or petitioner, shall
  148  pay the clerk of court a fee of $295 if the relief sought by the
  149  party under this paragraph exceeds $2,500 but is not more than
  150  $15,000 and $395 if the relief sought by the party under this
  151  paragraph exceeds $15,000. The clerk shall remit the fee if the
  152  relief sought by the party under this paragraph exceeds $2,500
  153  but is not more than $15,000 to the Department of Revenue for
  154  deposit into the General Revenue Fund. This fee does not apply
  155  if the cross-claim, counterclaim, counterpetition, or third
  156  party complaint requires transfer of the case from county to
  157  circuit court. However, the party shall pay to the clerk the
  158  standard filing fee for the court to which the case is to be
  159  transferred.
  160         (e)Of the first $200 in filing fees payable under
  161  subparagraph (a)5., $195 must be remitted to the Department of
  162  Revenue for deposit into the State Courts Revenue Trust Fund, $4
  163  must be remitted to the Department of Revenue for deposit into
  164  the Administrative Trust Fund within the Department of Financial
  165  Services and used to fund the contract with the Florida Clerks
  166  of Court Operations Corporation created in s. 28.35, and $1 must
  167  be remitted to the Department of Revenue for deposit into the
  168  Administrative Trust Fund within the Department of Financial
  169  Services to fund audits of individual clerks’ court-related
  170  expenditures conducted by the Department of Financial Services.
  171  By the 10th day of each month, the clerk shall submit that
  172  portion of the filing fees collected pursuant to this subsection
  173  in the previous month which is in excess of one-twelfth of the
  174  clerk’s total budget to the Department of Revenue for deposit
  175  into the Clerks of the Court Trust Fund.
  176         Section 4. Section 44.108, Florida Statutes, is amended to
  177  read:
  178         44.108 Funding of mediation and arbitration.—
  179         (1) Mediation and arbitration should be accessible to all
  180  parties regardless of financial status. A filing fee of $1 is
  181  levied on all proceedings in the circuit or county courts to
  182  fund mediation and arbitration services which are the
  183  responsibility of the Supreme Court pursuant to the provisions
  184  of s. 44.106. However, the filing fee may not be levied upon an
  185  appeal from the county court to the circuit court for a claim
  186  that is greater than $15,000. The clerk of the court shall
  187  forward the moneys collected to the Department of Revenue for
  188  deposit in the State Courts Revenue Trust Fund.
  189         (2) When court-ordered mediation services are provided by a
  190  circuit court’s mediation program, the following fees, unless
  191  otherwise established in the General Appropriations Act, shall
  192  be collected by the clerk of court:
  193         (a) One-hundred twenty dollars per person per scheduled
  194  session in family mediation when the parties’ combined income is
  195  greater than $50,000, but less than $100,000 per year;
  196         (b) Sixty dollars per person per scheduled session in
  197  family mediation when the parties’ combined income is less than
  198  $50,000; or
  199         (c) Sixty dollars per person per scheduled session in
  200  county court cases involving an amount in controversy not
  201  exceeding $15,000.
  202  
  203  No mediation fees shall be assessed under this subsection in
  204  residential eviction cases, against a party found to be
  205  indigent, or for any small claims action. Fees collected by the
  206  clerk of court pursuant to this section shall be remitted to the
  207  Department of Revenue for deposit into the State Courts Revenue
  208  Trust Fund to fund court-ordered mediation. The clerk of court
  209  may deduct $1 per fee assessment for processing this fee. The
  210  clerk of the court shall submit to the chief judge of the
  211  circuit and to the Office of the State Courts Administrator, no
  212  later than 30 days after the end of each quarter of the fiscal
  213  year, a report specifying the amount of funds collected and
  214  remitted to the State Courts Revenue Trust Fund under this
  215  section and any other section during the previous quarter of the
  216  fiscal year. In addition to identifying the total aggregate
  217  collections and remissions from all statutory sources, the
  218  report must identify collections and remissions by each
  219  statutory source.
  220         Section 5. Section 45.21, Florida Statutes, is created to
  221  read:
  222         45.21Reasonableness of amount in controversy; procedures.—
  223         (1)In any civil action in which the court’s jurisdiction
  224  is dependent on the amount in controversy, the defendant may, as
  225  a matter of right, demand proof of the reasonableness of the
  226  amount in controversy within 30 days after the complaint is
  227  filed. The defendant need not offer any evidence or argument to
  228  support the demand.
  229         (2)A demand pursuant to subsection (1) is deemed a
  230  responsive pleading for purposes of the rules of procedure and
  231  the following procedures shall apply:
  232         (a)The court must promptly hold a hearing to determine
  233  whether the amount in controversy as alleged in the complaint is
  234  reasonable.
  235         (b)At the hearing, the plaintiff must demonstrate, by a
  236  preponderance of the evidence, a reasonable likelihood of
  237  recovering at least the amount alleged in the complaint.
  238         (c)If the court finds that the plaintiff has not made the
  239  showing as required in paragraph (b), the court must transfer
  240  the matter to the appropriate court.
  241         Section 6. The amendments to the jurisdiction of a court
  242  made by this act shall apply with respect to the date of filing
  243  the cause of action, regardless of when the cause of action
  244  accrued.
  245         Section 7. This act shall take effect July 1, 2019.