The Florida Senate

¹28.241  Filing charges for trial and appellate proceedings.--

(1)(a)  The party instituting any civil action, suit, or proceeding in the circuit court shall pay to the clerk of that court a service charge of $40 in all cases in which there are not more than five defendants and an additional service charge of $2 for each defendant in excess of five. An additional service charge of $10 shall be paid by the party seeking each severance that is granted. An additional service charge of $35 shall be paid to the clerk for all proceedings of garnishment, attachment, replevin, and distress. An additional service charge of $8 shall be paid to the clerk for each civil action filed, $7 of such charge to be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund unallocated. An additional charge of $2.50 shall be paid to the clerk for each civil action brought in circuit or county court, to be remitted by the clerk to the Department of Revenue for deposit into the Court Education Trust Fund. Service charges in excess of those herein fixed may be imposed by the governing authority of the county by ordinance or by special or local law; and such excess shall be expended as provided by such ordinance or any special or local law, now or hereafter in force, to provide and maintain facilities, including a law library, for the use of the courts of the county wherein the service charges are collected; to provide and maintain equipment; or for a legal aid program in such county. In addition, the county is authorized to impose, by ordinance or by special or local law, a fee of up to $15 for each civil action filed, for the establishment, maintenance, or supplementation of a public guardian pursuant to ss. 744.701-744.708, inclusive. Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties shall be paid by the party at whose instance service is made. That part of the within fixed or allowable service charges which is not by local or special law applied to the special purposes shall constitute the total service charges of the clerk of such court for all services performed by him or her in civil actions, suits, or proceedings. The sum of all service charges and fees permitted under this subsection may not exceed $200; however, the $200 cap may be increased to $210 in order to provide for the establishment, maintenance, or supplementation of a public guardian as indicated in this subsection.

(b)  A party reopening any civil action, suit, or proceeding in the circuit court shall pay to the clerk of that court a filing fee of $50. Of fees collected for any civil action, suit, or proceeding reopened in the circuit court between July 1, 2003, and June 30, 2004, the clerk shall remit $49 of each $50 collected to the Department of Revenue for deposit into the Department of Revenue Clerks of the Court Trust Fund and shall retain the remaining $1 for administrative costs. In the case of a petition for modification of a final judgment of dissolution, the amount of the fee paid pursuant to s. 44.108 shall be deducted from the portion of the fee required in this paragraph which is not retained by the clerk. For purposes of this section, a case is reopened when a case previously reported as disposed of is resubmitted to a court.

(2)  The clerk of the circuit court of any county in the state who operates his or her office from fees and service charges collected, as opposed to budgeted allocations from county general revenue, shall be paid by the county as service charges for all services to be performed by him or her in any criminal or juvenile action or proceeding in such court, in lieu of all other service charges heretofore charged, except as hereinafter provided, the sum of $40 for each defendant or juvenile. However, in cases involving capital punishment the charge shall be $50. In any county where a law creates a law library fund or other special fund, this charge may be increased for that purpose by a special or local law or an ordinance. The sum of all service charges and fees permitted under this subsection may not exceed $200.

(3)  Upon the institution of any appellate proceeding from any inferior court to the circuit court of any such county or from the circuit court to an appellate court of the state, the clerk shall charge and collect from the party or parties instituting such appellate proceedings a service charge of $75 for filing a notice of appeal from an inferior court and $50 for filing a notice of appeal to a higher court.

(4)  A service charge or a fee may not be imposed upon a party for responding by pleading, motion, or other paper to a civil or criminal action, suit, proceeding, or appeal in a circuit court.

(5)  The fees prescribed in this section do not include the service charges required by law for the clerk as provided in s. 28.24 or by other sections of the Florida Statutes. Service charges authorized by this section may not be added to any civil penalty imposed by chapter 316 or chapter 318.

History.--ss. 3, 4, 5, 6, 7, 8, ch. 26931, 1951; ss. 3, 4, 5, ch. 29749, 1955; ss. 1, 2, ch. 57-322; s. 1, ch. 63-47; s. 1, ch. 63-43; s. 6, ch. 70-134; s. 1, ch. 74-154; s. 4, ch. 75-124; s. 1, ch. 77-174; s. 3, ch. 77-284; s. 2, ch. 82-168; s. 2, ch. 82-205; s. 10, ch. 83-217; s. 122, ch. 86-220; s. 4, ch. 87-145; s. 1, ch. 87-231; s. 2, ch. 88-176; s. 6, ch. 89-290; s. 1, ch. 90-181; s. 69, ch. 90-271; s. 3, ch. 91-152; s. 162, ch. 95-147; s. 3, ch. 96-209; s. 1, ch. 96-350; s. 14, ch. 96-354; s. 1, ch. 97-155; s. 12, ch. 99-277; s. 6, ch. 2001-122; s. 2, ch. 2002-55; ss. 31, 32, ch. 2003-402.

¹Note.--Section 32, ch. 2003-402, amended s. 28.241, effective July 1, 2004, to read:

28.241  Filing fees for trial and appellate proceedings.--

(1)(a)  The party instituting any civil action, suit, or proceeding in the circuit court shall pay to the clerk of that court a filing fee of up to $250 in all cases in which there are not more than five defendants and an additional filing fee of up to $2 for each defendant in excess of five. Of the first $57.50 in filing fees, $50 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund; $5 must be remitted to the Clerk of Court Operations Conference; and $2.50 shall be paid to the clerk for each civil action brought in circuit or county court, to be remitted by the clerk to the Department of Revenue for deposit into the Court Education Trust Fund. One-third of any filing fees collected by the clerk of the circuit court in excess of $57.50 shall be remitted to the Department of Revenue for deposit into the Department of Revenue Clerks of the Court Trust Fund. An additional filing fee of up to $15 shall be paid by the party seeking each severance that is granted. The clerk may impose an additional filing fee of up to $75 for all proceedings of garnishment, attachment, replevin, and distress. Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties shall be paid by the party at whose instance service is made. No additional fees, charges, or costs shall be added to the filing fees imposed under this section, except as authorized by general law.

(b)  A party reopening any civil action, suit, or proceeding in the circuit court shall pay to the clerk of court a filing fee set by the clerk in an amount not to exceed $50. For purposes of this section, a case is reopened when a case previously reported as disposed of is resubmitted to a court and includes petitions for modification of a final judgment of dissolution.

(2)  Upon the institution of any appellate proceeding from any inferior court to the circuit court of any such county or from the circuit court to an appellate court of the state, the clerk shall charge and collect from the party or parties instituting such appellate proceedings a service charge of up to $250 for filing a notice of appeal from an inferior court or for filing a notice of appeal to a higher court.

(3)  A filing fee may not be imposed upon a party for responding by pleading, motion, or other paper to a civil or criminal action, suit, proceeding, or appeal in a circuit court.

(4)  The fees prescribed in this section do not include the service charges required by law for the clerk as provided in s. 28.24 or by other sections of the Florida Statutes. Filing fees authorized by this section may not be added to any civil penalty imposed by chapter 316 or chapter 318.