Florida Senate - 2026 SB 532
By Senator Simon
3-00016-26 2026532__
1 A bill to be entitled
2 An act relating to court fees; amending s. 28.24,
3 F.S.; increasing the service charges a clerk of the
4 circuit court charges for certain services rendered by
5 the clerk’s office; requiring the Office of Economic
6 and Demographic Research to prepare a certain report;
7 requiring that such report be submitted to the
8 Legislature within a specified timeframe; amending s.
9 28.2401, F.S.; increasing certain filing fees that may
10 be charged by the clerk in probate matters; requiring
11 the Office of Economic and Demographic Research to
12 prepare a certain report; requiring that such report
13 be submitted to the Legislature within a specified
14 timeframe; amending s. 28.241, F.S.; increasing
15 certain filing fees and service charges in trial and
16 appellate proceedings; requiring the Office of
17 Economic and Demographic Research to prepare a certain
18 report; requiring that such report be submitted to the
19 Legislature within a specified timeframe; amending s.
20 34.041, F.S.; increasing certain filing fees and
21 service charges for civil actions, suits, or
22 proceedings in county court; deleting provisions
23 requiring clerks to submit portions of fees collected
24 to the Department of Revenue for deposit into the
25 Clerks of the Court Trust Fund; revising the
26 distribution formula for additional filing fees;
27 requiring the Office of Economic and Demographic
28 Research to prepare a certain report; requiring that
29 such report be submitted to the Legislature within a
30 specified timeframe; amending s. 45.035, F.S.;
31 increasing the service charge the clerk is entitled to
32 for disbursement of surplus proceeds for certain
33 judicial sales procedures; requiring the Office of
34 Economic and Demographic Research to prepare a certain
35 report; requiring that such report be submitted to the
36 Legislature within a specified timeframe; amending s.
37 721.83, F.S.; increasing the filing fee for additional
38 timeshare interests joining a consolidated timeshare
39 foreclosure action; requiring the Office of Economic
40 and Demographic Research to prepare a certain report;
41 requiring that such report be submitted to the
42 Legislature within a specified timeframe; amending s.
43 744.3678, F.S.; increasing the fee a clerk of the
44 circuit court may charge for auditing of the return of
45 ward’s estate; requiring the Office of Economic and
46 Demographic Research to prepare a certain report;
47 requiring that such report be submitted to the
48 Legislature within a specified timeframe; providing an
49 effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Subsections (2) and (3), paragraph (a) of
54 subsection (5), paragraph (a) of subsection (9), paragraph (b)
55 of subsection (11), paragraph (a) of subsection (14), paragraph
56 (a) of subsection (15), subsection (17), paragraph (a) of
57 subsection (18), subsection (19), paragraph (a) of subsection
58 (20), paragraph (a) of subsection (21), and subsection (26) of
59 section 28.24, Florida Statutes, are amended, and subsection
60 (30) is added to that section, to read:
61 28.24 Service charges.—The clerk of the circuit court shall
62 charge for services rendered manually or electronically by the
63 clerk’s office in recording documents and instruments and in
64 performing other specified duties. These charges may not exceed
65 those specified in this section, except as provided in s.
66 28.345.
67 (2) For examining, comparing, correcting, verifying, and
68 certifying transcripts of record in appellate proceedings,
69 prepared by attorney for appellant or someone else other than
70 clerk, per page: 6.00 5.00, from which the clerk shall remit
71 0.50 per page to the Department of Revenue for deposit into the
72 General Revenue Fund.
73 (3) For preparing, numbering, and indexing an original
74 record of appellate proceedings, per instrument: 4.00 3.50, from
75 which the clerk shall remit 0.50 per instrument to the
76 Department of Revenue for deposit into the General Revenue Fund.
77 (5)(a) For verifying any instrument presented for
78 certification prepared by someone other than clerk, per page:
79 4.00 3.50, from which the clerk shall remit 0.50 per page to the
80 Department of Revenue for deposit into the General Revenue Fund.
81 (9)(a) For writing any paper that is a court record other
82 than a paper otherwise specifically mentioned in this section,
83 including signing and sealing: 8.00 7.00, from which the clerk
84 shall remit 1.00 to the Department of Revenue for deposit into
85 the General Revenue Fund.
86 (11) For receiving money into the registry of court:
87 (b) Eminent domain actions, per deposit: 200.00 170.00,
88 from which the clerk shall remit 20.00 per deposit to the
89 Department of Revenue for deposit into the General Revenue Fund.
90 (14)(a) Oath, administering, attesting, and sealing of
91 court records not otherwise provided for in this section: 4.00
92 3.50, from which the clerk shall remit 0.50 to the Department of
93 Revenue for deposit into the General Revenue Fund.
94 (15)(a) For validating certificates or any authorized bonds
95 that are court records, each: 4.00 3.50, from which the clerk
96 shall remit 0.50 each to the Department of Revenue for deposit
97 into the General Revenue Fund.
98 (17) For exemplified certificates, including the signing
99 and sealing of them: 8.00 7.00, from which the clerk shall remit
100 1.00 to the Department of Revenue for deposit into the General
101 Revenue Fund.
102 (18)(a) For authenticated certificates that are court
103 records, including the signing and sealing of them: 8.00 7.00,
104 from which the clerk shall remit 1.00 to the Department of
105 Revenue for deposit into the General Revenue Fund.
106 (19)(a) For issuing and filing a subpoena for a witness,
107 not otherwise provided for in this section, including the
108 writing, preparing, signing, and sealing of it: 8.00 7.00, from
109 which the clerk shall remit 1.00 to the Department of Revenue
110 for deposit into the General Revenue Fund.
111 (b) For signing and sealing only: 3.00 2.00, from which the
112 clerk shall remit 0.50 to the Department of Revenue for deposit
113 into the General Revenue Fund.
114 (20)(a) For approving a court bond: 10.00 8.50, from which
115 the clerk shall remit 1.00 to the Department of Revenue for
116 deposit into the General Revenue Fund.
117 (21)(a) For searching court records, for each year’s
118 search: 3.00 2.00, from which the clerk shall remit 0.50 for
119 each year’s search to the Department of Revenue for deposit into
120 the General Revenue Fund.
121 (26) For sealing any court file or expungement of any
122 record: 50.00 42.00, from which the clerk shall remit 4.50 to
123 the Department of Revenue for deposit into the General Revenue
124 Fund.
125 (30) By January 1, 2030, and every 3 years thereafter, the
126 Office of Economic and Demographic Research shall prepare a
127 report that includes recommendations for increasing the service
128 charges in this section according to the percentage change in
129 the Consumer Price Index. The service charges must be rounded to
130 the nearest $1. The Office of Economic and Demographic Research
131 shall submit the report to the President of the Senate and the
132 Speaker of the House of Representatives before the start of the
133 next regularly scheduled session of the Legislature.
134 Section 2. Paragraphs (a), (c), (d), and (g) of subsection
135 (1) of section 28.2401, Florida Statutes, are amended, and
136 subsection (5) is added to that section, to read:
137 28.2401 Service charges and filing fees in probate
138 matters.—
139 (1) Except when otherwise provided, the clerk may impose
140 service charges or filing fees for the following services or
141 filings, not to exceed the following amounts:
142 (a) Fee for the opening of any estate of one document or
143 more, including, but not limited to, petitions and orders to
144 approve settlement of minor’s claims; to open a safe-deposit
145 box; to enter rooms and places; for the determination of heirs,
146 if not formal administration; and for a foreign guardian to
147 manage property of a nonresident; but not to include issuance of
148 letters or order of summary administration.............$275 $230
149 (c) Fee for petition and order to admit foreign wills,
150 authenticated copies, exemplified copies, or transcript to
151 record................................................ $275 $230
152 (d) Fee for disposition of personal property without
153 administration.........................................$275 $230
154 (g) Fee for formal administration, guardianship, ancillary,
155 curatorship, or conservatorship proceedings............$470 $395
156
157 The clerk shall remit $115 of each filing fee collected under
158 paragraphs (a), (c)-(i), and (k) to the Department of Revenue
159 for deposit into the State Courts Revenue Trust Fund.
160 (5) By January 1, 2030, and every 3 years thereafter, the
161 Office of Economic and Demographic Research shall prepare a
162 report that includes recommendations for increasing the filing
163 fees in this section according to the percentage change in the
164 Consumer Price Index. The filing fees must be rounded to the
165 nearest $5. The Office of Economic and Demographic Research
166 shall submit the report to the President of the Senate and the
167 Speaker of the House of Representatives before the start of the
168 next regularly scheduled session of the Legislature.
169 Section 3. Present subsection (7) of section 28.241,
170 Florida Statutes, is redesignated as subsection (8), a new
171 subsection (7) is added to that section, and subsections (1) and
172 (2) of that section are amended, to read:
173 28.241 Filing fees for trial and appellate proceedings.—
174 (1) Filing fees are due at the time a party files a
175 pleading to initiate a proceeding or files a pleading for
176 relief. Reopen fees are due at the time a party files a pleading
177 to reopen a proceeding if at least 90 days have elapsed since
178 the filing of a final order or final judgment with the clerk. If
179 a fee is not paid upon the filing of the pleading as required
180 under this section, the clerk must shall pursue collection of
181 the fee pursuant to s. 28.246.
182 (a)1.a. Except as provided in sub-subparagraph b. and
183 subparagraph 2., the party instituting any civil action, suit,
184 or proceeding in the circuit court must shall pay to the clerk
185 of that court a filing fee of up to $460 $395 in all cases in
186 which there are not more than five defendants and an additional
187 filing fee of up to $5 $2.50, from which the clerk shall remit
188 $0.50 to the Department of Revenue for deposit into the General
189 Revenue Fund, for each defendant in excess of five. Of the first
190 $200 in filing fees, $195 must be remitted to the Department of
191 Revenue for deposit into the State Courts Revenue Trust Fund, $4
192 must be remitted to the Department of Revenue for deposit into
193 the Administrative Trust Fund within the Department of Financial
194 Services and used to fund the contract with the Florida Clerks
195 of Court Operations Corporation created in s. 28.35, and $1 must
196 be remitted to the Department of Revenue for deposit into the
197 Administrative Trust Fund within the Department of Financial
198 Services to fund audits of individual clerks’ court-related
199 expenditures conducted by the Department of Financial Services.
200 b. The party instituting any civil action, suit, or
201 proceeding in the circuit court under chapter 39, chapter 61,
202 chapter 741, chapter 742, chapter 747, chapter 752, or chapter
203 753 shall pay to the clerk of that court a filing fee of up to
204 $345 $295 in all cases in which there are not more than five
205 defendants and an additional filing fee of up to $5 $2.50 for
206 each defendant in excess of five. Of the first $100 in filing
207 fees, $95 must be remitted to the Department of Revenue for
208 deposit into the State Courts Revenue Trust Fund, $4 must be
209 remitted to the Department of Revenue for deposit into the
210 Administrative Trust Fund within the Department of Financial
211 Services and used to fund the contract with the Florida Clerks
212 of Court Operations Corporation created in s. 28.35, and $1 must
213 be remitted to the Department of Revenue for deposit into the
214 Administrative Trust Fund within the Department of Financial
215 Services to fund audits of individual clerks’ court-related
216 expenditures conducted by the Department of Financial Services.
217 c. An additional filing fee of $5 $4 shall be paid to the
218 clerk. The clerk shall remit $3.50 to the Department of Revenue
219 for deposit into the Court Education Trust Fund and shall remit
220 $1.50 50 cents to the Department of Revenue for deposit into the
221 Administrative Trust Fund within the Department of Financial
222 Services to fund clerk education provided by the Florida Clerks
223 of Court Operations Corporation. An additional filing fee of up
224 to $18 must shall be paid by the party seeking each severance
225 that is granted, from which the clerk shall remit $3 to the
226 Department of Revenue for deposit into the General Revenue Fund.
227 The clerk may impose an additional filing fee of up to $85, from
228 which the clerk shall remit $10 to the Department of Revenue for
229 deposit into the General Revenue Fund, for all proceedings of
230 garnishment, attachment, replevin, and distress. Postal charges
231 incurred by the clerk of the circuit court in making service by
232 certified or registered mail on defendants or other parties must
233 shall be paid by the party at whose instance service is made.
234 Additional fees, charges, or costs may not be added to the
235 filing fees imposed under this section, except as authorized in
236 this section or by general law.
237 2.a. Notwithstanding the fees prescribed in subparagraph
238 1., a party instituting a civil action in circuit court relating
239 to real property or mortgage foreclosure must shall pay a
240 graduated filing fee based on the value of the claim.
241 b. A party must shall estimate in writing the amount in
242 controversy of the claim upon filing the action. For purposes of
243 this subparagraph, the value of a mortgage foreclosure action is
244 based upon the principal due on the note secured by the
245 mortgage, plus interest owed on the note and any moneys advanced
246 by the lender for property taxes, insurance, and other advances
247 secured by the mortgage, at the time of filing the foreclosure.
248 The value must shall also include the value of any tax
249 certificates related to the property. In stating the value of a
250 mortgage foreclosure claim, a party must shall declare in
251 writing the total value of the claim, as well as the individual
252 elements of the value as prescribed in this sub-subparagraph.
253 c. In its order providing for the final disposition of the
254 matter, the court shall identify the actual value of the claim.
255 The clerk must shall adjust the filing fee if there is a
256 difference between the estimated amount in controversy and the
257 actual value of the claim and collect any additional filing fee
258 owed or provide a refund of excess filing fee paid.
259 d. The party must shall pay a filing fee of:
260 (I) Four hundred and seventy Three hundred and ninety-five
261 dollars in all cases in which the value of the claim is $50,000
262 or less and in which there are not more than five defendants.
263 The party must shall pay an additional filing fee of up to $5
264 $2.50 for each defendant in excess of five. Of the first $200 in
265 filing fees, $195 must be remitted by the clerk to the
266 Department of Revenue for deposit into the General Revenue Fund,
267 $4 must be remitted to the Department of Revenue for deposit
268 into the Administrative Trust Fund within the Department of
269 Financial Services and used to fund the contract with the
270 Florida Clerks of Court Operations Corporation created in s.
271 28.35, and $1 must be remitted to the Department of Revenue for
272 deposit into the Administrative Trust Fund within the Department
273 of Financial Services to fund audits of individual clerks’
274 court-related expenditures conducted by the Department of
275 Financial Services;
276 (II) One thousand and seventy Nine hundred dollars in all
277 cases in which the value of the claim is more than $50,000 but
278 less than $250,000 and in which there are not more than five
279 defendants. The party must shall pay an additional filing fee of
280 up to $5 $2.50 for each defendant in excess of five. Of the
281 first $355 in filing fees, $350 must be remitted by the clerk to
282 the Department of Revenue for deposit into the General Revenue
283 Fund, $4 must be remitted to the Department of Revenue for
284 deposit into the Administrative Trust Fund within the Department
285 of Financial Services and used to fund the contract with the
286 Florida Clerks of Court Operations Corporation created in s.
287 28.35, and $1 must be remitted to the Department of Revenue for
288 deposit into the Administrative Trust Fund within the Department
289 of Financial Services to fund audits of individual clerks’
290 court-related expenditures conducted by the Department of
291 Financial Services; or
292 (III) Two thousand two hundred and sixty One thousand nine
293 hundred dollars in all cases in which the value of the claim is
294 $250,000 or more and in which there are not more than five
295 defendants. The party must shall pay an additional filing fee of
296 up to $5 $2.50 for each defendant in excess of five. Of the
297 first $1,705 in filing fees, $930 must be remitted by the clerk
298 to the Department of Revenue for deposit into the General
299 Revenue Fund, $770 must be remitted to the Department of Revenue
300 for deposit into the State Courts Revenue Trust Fund, $4 must be
301 remitted to the Department of Revenue for deposit into the
302 Administrative Trust Fund within the Department of Financial
303 Services to fund the contract with the Florida Clerks of Court
304 Operations Corporation created in s. 28.35, and $1 must be
305 remitted to the Department of Revenue for deposit into the
306 Administrative Trust Fund within the Department of Financial
307 Services to fund audits of individual clerks’ court-related
308 expenditures conducted by the Department of Financial Services.
309 e. An additional filing fee of $5 must $4 shall be paid to
310 the clerk. The clerk shall remit $3.50 to the Department of
311 Revenue for deposit into the Court Education Trust Fund and
312 shall remit $1.50 50 cents to the Department of Revenue for
313 deposit into the Administrative Trust Fund within the Department
314 of Financial Services to fund clerk education provided by the
315 Florida Clerks of Court Operations Corporation. An additional
316 filing fee of up to $18 must shall be paid by the party seeking
317 each severance that is granted. The clerk may impose an
318 additional filing fee of up to $85 for all proceedings of
319 garnishment, attachment, replevin, and distress. Postal charges
320 incurred by the clerk of the circuit court in making service by
321 certified or registered mail on defendants or other parties must
322 shall be paid by the party at whose instance service is made.
323 Additional fees, charges, or costs may not be added to the
324 filing fees imposed under this section, except as authorized in
325 this section or by general law.
326 (b) A party reopening any civil action, suit, or proceeding
327 in the circuit court must shall pay to the clerk of court a
328 filing fee set by the clerk in an amount not to exceed $60 $50.
329 For purposes of this section, a case is reopened after all
330 appeals have been exhausted or time to file an appeal from a
331 final order or final judgment has expired. A reopen fee may be
332 assessed by the clerk for any motion filed by any party at least
333 90 days after a final order or final judgment has been filed
334 with the clerk in the initial case. A reservation of
335 jurisdiction by a court does not cause a case to remain open for
336 purposes of this section or exempt a party from paying a reopen
337 fee. A party is exempt from paying the fee for any of the
338 following:
339 1. A writ of garnishment;
340 2. A writ of replevin;
341 3. A distress writ;
342 4. A writ of attachment;
343 5. A motion for rehearing filed within 10 days;
344 6. A motion for attorney’s fees filed within 30 days after
345 entry of a judgment or final order;
346 7. A motion for dismissal filed after a mediation agreement
347 has been filed;
348 8. A disposition of personal property without
349 administration;
350 9. Any probate case prior to the discharge of a personal
351 representative;
352 10. Any guardianship pleading prior to discharge;
353 11. Any mental health pleading;
354 12. Motions to withdraw by attorneys;
355 13. Motions exclusively for the enforcement of child
356 support orders;
357 14. A petition for credit of child support;
358 15. A Notice of Intent to Relocate and any order issuing as
359 a result of an uncontested relocation;
360 16. Stipulations and motions to enforce stipulations;
361 17. Responsive pleadings;
362 18. Cases in which there is no initial filing fee; or
363 19. Motions for contempt.
364 (c)1. A party in addition to a party described in sub
365 subparagraph (a)1.a. who files a pleading in an original civil
366 action in circuit court for affirmative relief by cross-claim,
367 counterclaim, counterpetition, or third-party complaint must
368 shall pay the clerk of court a fee of $470 $395. A party in
369 addition to a party described in sub-subparagraph (a)1.b. who
370 files a pleading in an original civil action in circuit court
371 for affirmative relief by cross-claim, counterclaim,
372 counterpetition, or third-party complaint must shall pay the
373 clerk of court a fee of $350 $295. The clerk shall deposit the
374 fee into the fine and forfeiture fund established pursuant to s.
375 142.01.
376 2. A party in addition to a party described in subparagraph
377 (a)2. who files a pleading in an original civil action in
378 circuit court for affirmative relief by cross-claim,
379 counterclaim, counterpetition, or third-party complaint must
380 shall pay the clerk of court a graduated fee of:
381 a. Four hundred and seventy Three hundred and ninety-five
382 dollars in all cases in which the value of the pleading is
383 $50,000 or less;
384 b. One thousand and seventy Nine hundred dollars in all
385 cases in which the value of the pleading is more than $50,000
386 but less than $250,000; or
387 c. Two thousand two hundred sixty One thousand nine hundred
388 dollars in all cases in which the value of the pleading is
389 $250,000 or more.
390
391 The clerk shall deposit the fees collected under this
392 subparagraph into the fine and forfeiture fund established
393 pursuant to s. 142.01.
394 (d) The clerk of court shall collect a service charge of
395 $15 $10 for issuing an original, a certified copy, or an
396 electronic certified copy of a summons, which the clerk shall
397 deposit into the fine and forfeiture fund established pursuant
398 to s. 142.01. The clerk shall assess the fee against the party
399 seeking to have the summons issued.
400 (2) Upon the institution of any appellate proceeding from
401 any lower court to the circuit court of any such county,
402 including appeals filed by a county or municipality as provided
403 in s. 34.041(5), or from the county or circuit court to an
404 appellate court of the state, the clerk shall charge and collect
405 from the party or parties instituting such appellate proceedings
406 a filing fee, as follows:
407 (a) For filing a notice of appeal from the county court to
408 the circuit court, a filing fee not to exceed $280.
409 (b) For filing a notice of appeal from the county or
410 circuit court to the district court of appeal or to the Supreme
411 Court, in addition to the filing fee required under s. 25.241 or
412 s. 35.22, a filing fee not to exceed $115 $100, of which the
413 clerk shall remit $20 to the Department of Revenue for deposit
414 into the General Revenue Fund. If the party is determined to be
415 indigent, the clerk must shall defer payment of the fee
416 otherwise required by this subsection.
417 (7) By January 1, 2030, and every 3 years thereafter, the
418 Office of Economic and Demographic Research shall prepare a
419 report that includes recommendations for increasing the filing
420 fees and service charges in this section according to the
421 percentage change in the Consumer Price Index. The filing fees
422 and service charges must be rounded to the nearest $5. The
423 Office of Economic and Demographic Research shall submit the
424 report to the President of the Senate and the Speaker of the
425 House of Representatives before the start of the next regularly
426 scheduled session of the Legislature.
427 Section 4. Paragraphs (a), (b), (d), and (e) of subsection
428 (1) and subsection (2) of section 34.041, Florida Statutes, are
429 amended and subsection (9) is added to that section, to read:
430 34.041 Filing fees.—
431 (1)(a) Filing fees are due at the time a party files a
432 pleading to initiate a proceeding or files a pleading for
433 relief. Reopen fees are due at the time a party files a pleading
434 to reopen a proceeding if at least 90 days have elapsed since
435 the filing of a final order or final judgment with the clerk. If
436 a fee is not paid upon the filing of the pleading as required
437 under this section, the clerk must shall pursue collection of
438 the fee pursuant to s. 28.246. Upon the institution of any civil
439 action, suit, or proceeding in county court, the party must
440 shall pay the following filing fee, not to exceed:
441 1. For all claims less than $100.....................$50.
442 2. For all claims of $100 or more but not more than $50
443 ............................................................$75.
444 3. For all claims of more than $500 but not more than
445 $2,500: $170, from which the clerk shall remit $20 to the
446 Department of Revenue for deposit into the General Revenue Fund.
447 4. For all claims of more than $2,500 but not more than
448 $15,000....................................................$295.
449 5. For all claims more than $15,000............$460 $395.
450 6. In addition, for all proceedings of garnishment,
451 attachment, replevin, and distress: $85, from which the clerk
452 shall remit $10 to the Department of Revenue for deposit into
453 the General Revenue Fund.
454 7. Notwithstanding subparagraphs 3. and 6., for all claims
455 of not more than $1,000 filed simultaneously with an action for
456 replevin of property that is the subject of the claim......$125.
457 8. For removal of tenant action.....................$180.
458
459 The filing fee in subparagraph 7. is the total fee due under
460 this paragraph for that type of filing, and no other filing fee
461 under this paragraph may be assessed against such a filing.
462 (b) The first $15 of the filing fee collected under
463 subparagraph (a)4. and the first $10 of the filing fee collected
464 under subparagraph (a)8. must shall be deposited in the State
465 Courts Revenue Trust Fund. By the 10th day of each month, the
466 clerk shall submit that portion of the fees collected in the
467 previous month which is in excess of one-twelfth of the clerk’s
468 total budget for the performance of court-related functions to
469 the Department of Revenue for deposit into the Clerks of the
470 Court Trust Fund. An additional filing fee of $5 must $4 shall
471 be paid to the clerk. The clerk shall transfer $3.50 to the
472 Department of Revenue for deposit into the Court Education Trust
473 Fund and shall transfer $1.50 50 cents to the Department of
474 Revenue for deposit into the Administrative Trust Fund within
475 the Department of Financial Services to fund clerk education
476 provided by the Florida Clerks of Court Operations Corporation.
477 Postal charges incurred by the clerk of the county court in
478 making service by mail on defendants or other parties must shall
479 be paid by the party at whose instance service is made. Except
480 as provided in this section, filing fees and service charges for
481 performing duties of the clerk relating to the county court are
482 shall be as provided in ss. 28.24 and 28.241. Except as
483 otherwise provided in this section, all filing fees must shall
484 be retained as fee income of the office of the clerk of the
485 circuit court. Filing fees imposed by this section may not be
486 added to any penalty imposed by chapter 316 or chapter 318.
487 (d) The clerk of court shall collect a service charge of
488 $15 $10 for issuing a summons or an electronic certified copy of
489 a summons, which the clerk shall deposit into the fine and
490 forfeiture fund established pursuant to s. 142.01. The clerk
491 shall assess the fee against the party seeking to have the
492 summons issued.
493 (e) Of the first $200 in filing fees payable under
494 subparagraph (a)5., $195 must be remitted to the Department of
495 Revenue for deposit into the State Courts Revenue Trust Fund, $4
496 must be remitted to the Department of Revenue for deposit into
497 the Administrative Trust Fund within the Department of Financial
498 Services and used to fund the contract with the Florida Clerks
499 of Court Operations Corporation created in s. 28.35, and $1 must
500 be remitted to the Department of Revenue for deposit into the
501 Administrative Trust Fund within the Department of Financial
502 Services to fund audits of individual clerks’ court-related
503 expenditures conducted by the Department of Financial Services.
504 By the 10th day of each month, the clerk shall submit that
505 portion of the filing fees collected pursuant to this subsection
506 in the previous month which is in excess of one-twelfth of the
507 clerk’s total budget to the Department of Revenue for deposit
508 into the Clerks of the Court Trust Fund.
509 (2) A party reopening any civil action, suit, or proceeding
510 in the county court must shall pay to the clerk of court a
511 filing fee set by the clerk in an amount not to exceed $30 $25
512 for all claims of not more than $500 and an amount not to exceed
513 $60 $50 for all claims of more than $500. For purposes of this
514 section, a case is reopened after all appeals have been
515 exhausted, or time to file an appeal from a final order or final
516 judgment has expired. A reopen fee may be assessed by the clerk
517 for any motion filed by any party at least 90 days after a final
518 order or final judgment has been filed with the clerk in the
519 initial case. A reservation of jurisdiction by a court does not
520 cause a case to remain open for purposes of this section or
521 exempt a party from paying a reopen fee. A party is exempt from
522 paying the fee for any of the following:
523 (a) A writ of garnishment;
524 (b) A writ of replevin;
525 (c) A distress writ;
526 (d) A writ of attachment;
527 (e) A motion for rehearing filed within 10 days;
528 (f) A motion for attorney’s fees filed within 30 days of
529 the entry of the judgment or final order;
530 (g) A motion for dismissal filed after a mediation
531 agreement has been filed;
532 (h) A motion to withdraw by attorneys;
533 (i) Stipulations and motions to enforce stipulations;
534 (j) Responsive pleadings; or
535 (k) Motions for contempt.
536 (9) By January 1, 2030, and every 3 years thereafter, the
537 Office of Economic and Demographic Research shall prepare a
538 report that includes recommendations for increasing the filing
539 fees and service charges in this section according to the
540 percentage change in the Consumer Price Index. The filing fees
541 and service charges must be rounded to the nearest $5. The
542 Office of Economic and Demographic Research shall submit the
543 report to the President of the Senate and the Speaker of the
544 House of Representatives before the start of the next regularly
545 scheduled session of the Legislature.
546 Section 5. Paragraph (b) of subsection (2) of section
547 45.035, Florida Statutes, is amended and subsection (4) is added
548 to that section, to read:
549 45.035 Clerk’s fees.—In addition to other fees or service
550 charges authorized by law, the clerk shall receive service
551 charges related to the judicial sales procedure set forth in ss.
552 45.031-45.033 and this section:
553 (2) If there is a surplus resulting from the sale, the
554 clerk may receive the following service charges, which shall be
555 deducted from the surplus:
556 (b) The clerk is entitled to a service charge of $20 $15
557 for each disbursement of surplus proceeds, from which the clerk
558 shall remit $5 to the Department of Revenue for deposit into the
559 General Revenue Fund.
560 (4) By January 1, 2030, and every 3 years thereafter, the
561 Office of Economic and Demographic Research shall prepare a
562 report that includes recommendations for increasing the service
563 charges in this section according to the percentage change in
564 the Consumer Price Index. The service charges must be rounded to
565 the nearest $5. The Office of Economic and Demographic Research
566 shall submit the report to the President of the Senate and the
567 Speaker of the House of Representatives before the start of the
568 next regularly scheduled session of the Legislature.
569 Section 6. Subsection (3) of section 721.83, Florida
570 Statutes, is amended, to read:
571 721.83 Consolidation of judicial foreclosure actions.—
572 (3)(a) A consolidated timeshare foreclosure action is shall
573 be considered a single action, suit, or proceeding for the
574 payment of filing fees and service charges pursuant to general
575 law. In addition to the payment of such filing fees and service
576 charges, an additional filing fee of up to $15 $10, from which
577 the clerk shall remit $5 to the Department of Revenue for
578 deposit into the General Revenue Fund, for each timeshare
579 interest joined in that action must shall be paid to the clerk
580 of court.
581 (b) By January 1, 2030, and every 3 years thereafter, the
582 Office of Economic and Demographic Research shall prepare a
583 report that includes recommendations for increasing the filing
584 fees in this section according to the percentage change in the
585 Consumer Price Index. The filing fees must be rounded to the
586 nearest $5. The Office of Economic and Demographic Research
587 shall submit the report to the President of the Senate and the
588 Speaker of the House of Representatives before the start of the
589 next regularly scheduled session of the Legislature.
590 Section 7. Present subsection (5) of section 744.3678,
591 Florida Statutes, is redesignated as subsection (6), a new
592 subsection (5) is added to that section, and subsection (4) of
593 that section is amended, to read:
594 744.3678 Annual accounting.—
595 (4) The guardian shall pay from the ward’s estate to the
596 clerk of the circuit court a fee based upon the following
597 graduated fee schedule, upon the filing of the annual financial
598 return, for the auditing of the return:
599 (a) For estates with a value of $25,000 or less the clerk
600 of the court may charge a fee of up to $25 $20, from which the
601 clerk shall remit $5 to the Department of Revenue for deposit
602 into the General Revenue Fund.
603 (b) For estates with a value of more than $25,000 up to and
604 including $100,000 the clerk of the court may charge a fee of up
605 to $100 $85, from which the clerk shall remit $10 to the
606 Department of Revenue for deposit into the General Revenue Fund.
607 (c) For estates with a value of more than $100,000 up to
608 and including $500,000 the clerk of the court may charge a fee
609 of up to $200 $170, from which the clerk shall remit $20 to the
610 Department of Revenue for deposit into the General Revenue Fund.
611 (d) For estates with a value in excess of $500,000 the
612 clerk of the court may charge a fee of up to $295 $250, from
613 which the clerk shall remit $25 to the Department of Revenue for
614 deposit into the General Revenue Fund.
615
616 Upon petition by the guardian, the court may waive the auditing
617 fee upon a showing of insufficient funds in the ward’s estate.
618 Any guardian unable to pay the auditing fee may petition the
619 court for a waiver of the fee. The court may waive the fee after
620 it has reviewed the documentation filed by the guardian in
621 support of the waiver.
622 (5) By January 1, 2030, and every 3 years thereafter, the
623 Office of Economic and Demographic Research shall prepare a
624 report that includes recommendations for increasing the fees in
625 this section according to the percentage change in the Consumer
626 Price Index. The fees must be rounded to the nearest $5. The
627 Office of Economic and Demographic Research shall submit the
628 report to the President of the Senate and the Speaker of the
629 House of Representatives before the start of the next regularly
630 scheduled session of the Legislature.
631 Section 8. This act shall take effect July 1, 2026.