| 1 | A bill to be entitled |
| 2 | An act relating to disposition of court fees; providing |
| 3 | legislative intent; creating s. 28.002, F.S.; requiring |
| 4 | the Legislature to provide for transfer of court-related |
| 5 | services from clerks of the court to the state courts |
| 6 | system; specifying applicable court-related services; |
| 7 | providing for future repeal; amending ss. 28.101, 28.241, |
| 8 | 34.041, and 35.22, F.S.; revising allocations of certain |
| 9 | court fees; providing for deposit of certain fees or |
| 10 | portions of fees into the State Courts Revenue Trust Fund; |
| 11 | providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. It is the intent of the Legislature that, in |
| 16 | order to enable greater access to justice and bring appropriate |
| 17 | efficiencies to the administration of justice, a thorough review |
| 18 | be conducted of the business processes by which the clerk of |
| 19 | court provides court-related services. In this time of curtailed |
| 20 | state resources, it is the further intent of the Legislature to |
| 21 | eliminate bureaucracy and the duplication of effort by providing |
| 22 | additional legislative and judicial oversight of the provision |
| 23 | of court-related services. |
| 24 | Section 2. Section 28.002, Florida Statutes, is created to |
| 25 | read: |
| 26 | 28.002 Transfer of court-related services performed by |
| 27 | clerks of court.-- |
| 28 | (1) Notwithstanding the provisions of this chapter to the |
| 29 | contrary, each fiscal year, beginning with the 2009-2010 fiscal |
| 30 | year, the Legislature shall designate up to five judicial |
| 31 | circuits in which court-related services currently imposed by |
| 32 | law upon the clerks of the court shall be transferred to the |
| 33 | state courts system. For purposes of this section, the following |
| 34 | services shall be considered court-related services: |
| 35 | (a) Case maintenance. |
| 36 | (b) Records management. |
| 37 | (c) Court preparation and attendance. |
| 38 | (d) Processing the assignment, reopening, and reassignment |
| 39 | of cases. |
| 40 | (e) Processing appeals. |
| 41 | (f) Collection and distribution of fines, fees, service |
| 42 | charges, and court costs. |
| 43 | (g) Processing bond forfeiture payments. |
| 44 | (h) Payment of jurors and witnesses. |
| 45 | (i) Payment of expenses for meals or lodging provided to |
| 46 | jurors. |
| 47 | (j) Data collection and reporting. |
| 48 | (k) Processing jurors. |
| 49 | (l) Determinations of indigent status. |
| 50 | (m) Keeping progress dockets. |
| 51 | (n) Disposal of evidence. |
| 52 | (o) Pro se assistance. |
| 53 | (2) Upon the completion of the transfer of court-related |
| 54 | services to the state courts system, the Legislature shall |
| 55 | repeal this section and the provisions of this chapter imposing |
| 56 | court-related services upon the clerks of the court. |
| 57 | Section 3. Paragraph (d) of subsection (1) of section |
| 58 | 28.101, Florida Statutes, is amended to read: |
| 59 | 28.101 Petitions and records of dissolution of marriage; |
| 60 | additional charges.-- |
| 61 | (1) When a party petitions for a dissolution of marriage, |
| 62 | in addition to the filing charges in s. 28.241, the clerk shall |
| 63 | collect and receive: |
| 64 | (d) A charge of $32.50. On a monthly basis, the clerk |
| 65 | shall transfer the moneys collected pursuant to this paragraph |
| 66 | as follows: |
| 67 | 1. An amount of $7.50 to the Department of Revenue for |
| 68 | deposit into in the Displaced Homemaker Trust Fund. |
| 69 | 2. An amount of $25 to the State Courts Department of |
| 70 | Revenue for deposit in the General Revenue Trust Fund. |
| 71 | Section 4. Subsections (1) and (2) of section 28.241, |
| 72 | Florida Statutes, are amended to read: |
| 73 | 28.241 Filing fees for trial and appellate proceedings.-- |
| 74 | (1)(a) The party instituting any civil action, suit, or |
| 75 | proceeding in the circuit court shall pay to the clerk of that |
| 76 | court a filing fee of up to $295 in all cases in which there are |
| 77 | not more than five defendants and an additional filing fee of up |
| 78 | to $2.50 for each defendant in excess of five. Of that amount, |
| 79 | the first $85 in filing fees, $80 must be remitted by the clerk |
| 80 | to the Department of Revenue for deposit into the General |
| 81 | Revenue Fund, and $5 must be remitted to the Department of |
| 82 | Revenue for deposit into the Department of Financial Services' |
| 83 | Administrative Trust Fund to fund the contract with the Florida |
| 84 | Clerks of Court Operations Corporation created in s. 28.35. The |
| 85 | next $15 of the filing fee collected shall be deposited in the |
| 86 | state courts' Mediation and Arbitration Trust Fund. One-third of |
| 87 | any filing fees collected by the clerk of the circuit court in |
| 88 | excess of $100 shall be remitted to the Department of Revenue |
| 89 | for deposit into the Department of Revenue Clerks of the Court |
| 90 | Trust Fund. An additional filing fee of $4 shall be paid to the |
| 91 | clerk. The clerk shall remit $3.50 to the Department of Revenue |
| 92 | for deposit into the Court Education Trust Fund and shall remit |
| 93 | 50 cents to the Department of Revenue for deposit into the |
| 94 | Department of Financial Services Administrative Trust Fund to |
| 95 | fund clerk education. An additional filing fee of up to $18 |
| 96 | shall be paid by the party seeking each severance that is |
| 97 | granted. The clerk may impose an additional filing fee of up to |
| 98 | $85 for all proceedings of garnishment, attachment, replevin, |
| 99 | and distress. The clerk shall deposit all remaining fees into |
| 100 | the State Courts Revenue Trust Fund. Postal charges incurred by |
| 101 | the clerk of the circuit court in making service by certified or |
| 102 | registered mail on defendants or other parties shall be paid by |
| 103 | the party at whose instance service is made. No additional fees, |
| 104 | charges, or costs shall be added to the filing fees imposed |
| 105 | under this section, except as authorized herein or by general |
| 106 | law. |
| 107 | (b) A party reopening any civil action, suit, or |
| 108 | proceeding in the circuit court shall pay to the clerk of court |
| 109 | a filing fee set by the clerk in an amount not to exceed $50, |
| 110 | which the clerk shall deposit into the State Courts Revenue |
| 111 | Trust Fund. For purposes of this section, a case is reopened |
| 112 | when a case previously reported as disposed of is resubmitted to |
| 113 | a court and includes petitions for modification of a final |
| 114 | judgment of dissolution. A party is exempt from paying the fee |
| 115 | for any of the following: |
| 116 | 1. A writ of garnishment; |
| 117 | 2. A writ of replevin; |
| 118 | 3. A distress writ; |
| 119 | 4. A writ of attachment; |
| 120 | 5. A motion for rehearing filed within 10 days; |
| 121 | 6. A motion for attorney's fees filed within 30 days after |
| 122 | entry of a judgment or final order; |
| 123 | 7. A motion for dismissal filed after a mediation |
| 124 | agreement has been filed; |
| 125 | 8. A disposition of personal property without |
| 126 | administration; |
| 127 | 9. Any probate case prior to the discharge of a personal |
| 128 | representative; |
| 129 | 10. Any guardianship pleading prior to discharge; |
| 130 | 11. Any mental health pleading; |
| 131 | 12. Motions to withdraw by attorneys; |
| 132 | 13. Motions exclusively for the enforcement of child |
| 133 | support orders; |
| 134 | 14. A petition for credit of child support; |
| 135 | 15. A Notice of Intent to Relocate and any order issuing |
| 136 | as a result of an uncontested relocation; |
| 137 | 16. Stipulations; |
| 138 | 17. Responsive pleadings; or |
| 139 | 18. Cases in which there is no initial filing fee. |
| 140 | (c) Any party other than a party described in paragraph |
| 141 | (a) who files a pleading in an original civil action in circuit |
| 142 | court for affirmative relief by cross-claim, counterclaim, or |
| 143 | third-party complaint shall pay the clerk of court a fee of |
| 144 | $295. The clerk shall deposit remit the fee into to the State |
| 145 | Courts Revenue Trust Department of Revenue for deposit into the |
| 146 | General Revenue Fund. |
| 147 | (d) The clerk of court shall collect a service charge of |
| 148 | $10 for issuing a summons. The clerk shall assess the fee |
| 149 | against the party seeking to have the summons issued. |
| 150 | (2) Upon the institution of any appellate proceeding from |
| 151 | any lower court to the circuit court of any such county, |
| 152 | including appeals filed by a county or municipality as provided |
| 153 | in s. 34.041(5), or from the circuit court to an appellate court |
| 154 | of the state, the clerk shall charge and collect from the party |
| 155 | or parties instituting such appellate proceedings a filing fee |
| 156 | not to exceed $280 for filing a notice of appeal from the county |
| 157 | court to the circuit court and, in addition to the filing fee |
| 158 | required under s. 25.241 or s. 35.22, $100 for filing a notice |
| 159 | of appeal from the circuit court to the district court of appeal |
| 160 | or to the Supreme Court. If the party is determined to be |
| 161 | indigent, the clerk shall defer payment of the fee. The clerk |
| 162 | shall deposit into the State Courts Revenue Trust Fund remit the |
| 163 | fee for filing a notice of appeal from the county court to the |
| 164 | circuit court first $80 to the Department of Revenue for deposit |
| 165 | into the General Revenue Fund. The clerk shall deposit into the |
| 166 | State Courts Revenue Trust Fund the fee for filing a notice of |
| 167 | appeal from the circuit court to the district court of appeal or |
| 168 | the Supreme Court One-third of the fee collected by the clerk in |
| 169 | excess of $80 also shall be remitted to the Department of |
| 170 | Revenue for deposit into the Clerks of the Court Trust Fund. |
| 171 | Section 5. Paragraphs (b) and (c) of subsection (1) and |
| 172 | subsection (2) of section 34.041, Florida Statutes, are amended |
| 173 | to read: |
| 174 | 34.041 Filing fees.-- |
| 175 | (1) |
| 176 | (b) The first $80 of the filing fee collected under |
| 177 | subparagraph (a)4. shall be remitted to the Department of |
| 178 | Revenue for deposit into the General Revenue Fund. The first |
| 179 | next $15 of the filing fee collected under subparagraph (a)4., |
| 180 | and the first $15 of each filing fee collected under |
| 181 | subparagraph (a)6., shall be deposited into in the state courts' |
| 182 | Mediation and Arbitration Trust Fund. One-third of any filing |
| 183 | fees collected by the clerk under this section in excess of the |
| 184 | first $95 collected under subparagraph (a)4. shall be remitted |
| 185 | to the Department of Revenue for deposit into the Department of |
| 186 | Revenue Clerks of the Court Trust Fund. An additional filing fee |
| 187 | of $4 shall be paid to the clerk. The clerk shall transfer $3.50 |
| 188 | to the Department of Revenue for deposit into the Court |
| 189 | Education Trust Fund and shall transfer 50 cents to the |
| 190 | Department of Revenue for deposit into the Department of |
| 191 | Financial Services' Administrative Trust Fund to fund clerk |
| 192 | education. The clerk shall deposit all remaining filing fees |
| 193 | into the State Courts Revenue Trust Fund. Postal charges |
| 194 | incurred by the clerk of the county court in making service by |
| 195 | mail on defendants or other parties shall be paid by the party |
| 196 | at whose instance service is made. Except as provided herein, |
| 197 | filing fees and service charges for performing duties of the |
| 198 | clerk relating to the county court shall be as provided in ss. |
| 199 | 28.24 and 28.241. Except as otherwise provided herein, all |
| 200 | filing fees shall be retained as fee income of the office of the |
| 201 | clerk of circuit court. Filing fees imposed by this section may |
| 202 | not be added to any penalty imposed by chapter 316 or chapter |
| 203 | 318. |
| 204 | (c) Any party other than a party described in paragraph |
| 205 | (a) who files a pleading in an original civil action in the |
| 206 | county court for affirmative relief by cross-claim, |
| 207 | counterclaim, or third-party complaint, or who files a notice of |
| 208 | cross-appeal or notice of joinder or motion to intervene as an |
| 209 | appellant, cross-appellant, or petitioner, shall pay the clerk |
| 210 | of court a fee of $295 if the relief sought by the party under |
| 211 | this paragraph exceeds $2,500. This fee shall not apply where |
| 212 | the cross-claim, counterclaim, or third-party complaint requires |
| 213 | transfer of the case from county to circuit court. The clerk |
| 214 | shall deposit remit the fee into to the State Courts Department |
| 215 | of Revenue Trust for deposit into the General Revenue Fund. |
| 216 | (2) A party reopening any civil action, suit, or |
| 217 | proceeding in the county court shall pay to the clerk of court a |
| 218 | filing fee set by the clerk in an amount not to exceed $25 for |
| 219 | all claims of not more than $500 and an amount not to exceed $50 |
| 220 | for all claims of more than $500. The clerk shall deposit the |
| 221 | filing fee into the State Courts Revenue Trust Fund. For |
| 222 | purposes of this section, a case is reopened when a case |
| 223 | previously reported as disposed of is resubmitted to a court. A |
| 224 | party is exempt from paying the fee for any of the following: |
| 225 | (a) A writ of garnishment; |
| 226 | (b) A writ of replevin; |
| 227 | (c) A distress writ; |
| 228 | (d) A writ of attachment; |
| 229 | (e) A motion for rehearing filed within 10 days; |
| 230 | (f) A motion for attorney's fees filed within 30 days of |
| 231 | the entry of the judgment or final order; |
| 232 | (g) A motion for dismissal filed after a mediation |
| 233 | agreement has been filed; |
| 234 | (h) A motion to withdraw by attorneys; |
| 235 | (i) Stipulations; or |
| 236 | (j) Responsive pleadings. |
| 237 | Section 6. Paragraph (b) of subsection (3) and subsection |
| 238 | (6) of section 35.22, Florida Statutes, are amended to read: |
| 239 | 35.22 Clerk of district court; appointment; compensation; |
| 240 | assistants; filing fees; teleconferencing.-- |
| 241 | (3) |
| 242 | (b) Upon the filing of a notice of cross-appeal, or a |
| 243 | notice of joinder or motion to intervene as an appellant, cross- |
| 244 | appellant, or petitioner, the clerk shall charge and collect a |
| 245 | filing fee of $295. The clerk shall deposit remit the fee into |
| 246 | the State Courts Revenue Trust to the Department of Revenue for |
| 247 | deposit into the General Revenue Fund. The state and its |
| 248 | agencies are exempt from the filing fee required by this |
| 249 | paragraph. |
| 250 | (6) The first clerk of each district court of appeal is |
| 251 | required to deposit all fees collected in the State Treasury to |
| 252 | the credit of the General Revenue Fund, except that $50 of each |
| 253 | $300 filing fee collected shall be deposited into the state |
| 254 | court's Operating Trust Fund to fund court improvement projects |
| 255 | as authorized in the General Appropriations Act. The remainder |
| 256 | of each filing fee shall be deposited into the State Courts |
| 257 | Revenue Trust Fund. The clerk shall retain an accounting of each |
| 258 | such remittance. |
| 259 | Section 7. This act shall take effect July 1, 2009. |