Amendment
Bill No. HB 5117
Amendment No. 552557
CHAMBER ACTION
Senate House
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1Representative Schwartz offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 28-116 and insert:
5     Section 1.  Paragraph (a) of subsection (3) and subsection
6(5) of section 25.241, Florida Statutes, are amended to read:
7     25.241  Clerk of Supreme Court; compensation; assistants;
8filing fees, etc.--
9     (3)(a)  The Clerk of the Supreme Court is hereby required
10to collect, upon the filing of a certified copy of a notice of
11appeal or petition, $350 $300 for each case docketed, and for
12copying, certifying, or furnishing opinions, records, papers, or
13other instruments, except as otherwise herein provided, the same
14fees that are allowed clerks of the circuit court; however, no
15fee shall be less than $1. The State of Florida or its agencies,
16when appearing as appellant or petitioner, is exempt from the
17filing fees required in this subsection. From each attorney
18appearing pro hac vice, the Clerk of the Supreme Court shall
19collect an additional fee of $100 to be deposited into the
20General Revenue Fund.
21     (5)  The Clerk of the Supreme Court is hereby required to
22prepare a statement of all fees collected each month and remit
23such statement, together with all fees collected by him or her,
24to the Chief Financial Officer. The Chief Financial Officer
25shall deposit $300 $250 of each $350 $300 filing fee and all
26other fees collected into the General Revenue Fund. The Chief
27Financial Officer shall deposit $50 of each filing fee collected
28into the state court's Operating Trust Fund to fund court
29improvement projects as authorized in the General Appropriations
30Act.
31     Section 2.  Effective August 1, 2009, subsections (1), (2),
32and (3) of section 28.2401, Florida Statutes, are amended to
33read:
34     28.2401  Filing fees and service charges in probate
35matters.--
36     (1)  Except when otherwise provided, the clerk shall may
37charge filing fees and impose service charges for the following
38probate matters services, not to exceed the following amounts:
39     (a)  For the opening of any estate of one document or more,
40including, but not limited to, petitions and orders to approve
41settlement of minor's claims; to open a safe-deposit box; to
42enter rooms and places; for the determination of heirs, if not
43formal administration; and for a foreign guardian to manage
44property of a nonresident; but not to include issuance of
45letters or order of summary administration....$115
46     (b)  Caveat....$40
47     (c)  Petition and order to admit foreign wills,
48authenticated copies, exemplified copies, or transcript to
49record....$115
50     (d)  For disposition of personal property without
51administration....$115
52     (e)  Summary administration--estates valued at $1,000 or
53more....$225
54     (f)  Summary administration--estates valued at less than
55$1,000....$115
56     (g)  Formal administration, guardianship, ancillary,
57curatorship, or conservatorship proceedings.... $330 $280
58     (h)  Guardianship proceedings of person only... .$115
59     (i)  Veterans' guardianship pursuant to chapter 744....$115
60     (j)  Exemplified certificates....$7
61     (k)  Petition for determination of incompetency....$115
62     (2)  The clerk shall remit any filing fees above $330 in
63probate matters to the Department of Revenue for deposit into
64the State Courts Revenue Trust Fund. Upon application by the
65clerk and a showing of extraordinary circumstances, the service
66charges set forth in this section may be increased in an
67individual matter by order of the circuit court before which the
68matter is pending, to more adequately compensate for the
69services performed.
70     (3)  An additional service charge of $4 on petitions
71seeking summary administration, formal administration, ancillary
72administration, guardianship, curatorship, and conservatorship
73shall be paid to the clerk. The clerk shall transfer $3.50 to
74the Department of Revenue for deposit into the Court Education
75Trust Fund and shall transfer 50 cents to the Department of
76Revenue for deposit into the Department of Financial Services'
77Administrative Trust Fund to fund clerk education. No additional
78fees, charges, or costs shall be added to the filing fees or
79service charges imposed under this section, except as authorized
80by general law.
81     Section 3.  Paragraphs (a) and (c) of subsection (1) of
82section 28.241, Florida Statutes, are amended, and subsection
83(7) is added to that section, to read:
84     28.241  Filing fees for trial and appellate proceedings.--
85     (1)(a)  The party instituting any civil action, suit, or
86proceeding in the circuit court shall pay to the clerk of that
87court a filing fee of up to $345 $295 in all cases in which
88there are not more than five defendants and an additional filing
89fee of up to $2.50 for each defendant in excess of five. Of the
90first $85 in filing fees, $80 must be remitted by the clerk to
91the Department of Revenue for deposit into the General Revenue
92Fund, and $5 must be remitted to the Department of Revenue for
93deposit into the Department of Financial Services'
94Administrative Trust Fund to fund the contract with the Florida
95Clerks of Court Operations Corporation created in s. 28.35. The
96next $15 of the filing fee collected shall be deposited in the
97state courts' Mediation and Arbitration Trust Fund. One-third of
98any filing fees collected by the clerk of the circuit court in
99excess of $100 shall be remitted to the Department of Revenue
100for deposit into the Department of Revenue Clerks of the Court
101Trust Fund. An additional filing fee of $4 shall be paid to the
102clerk. The clerk shall remit $3.50 to the Department of Revenue
103for deposit into the Court Education Trust Fund and shall remit
10450 cents to the Department of Revenue for deposit into the
105Department of Financial Services Administrative Trust Fund to
106fund clerk education. An additional filing fee of up to $18
107shall be paid by the party seeking each severance that is
108granted. The clerk may impose an additional filing fee of up to
109$85 for all proceedings of garnishment, attachment, replevin,
110and distress. Postal charges incurred by the clerk of the
111circuit court in making service by certified or registered mail
112on defendants or other parties shall be paid by the party at
113whose instance service is made. No additional fees, charges, or
114costs shall be added to the filing fees imposed under this
115section, except as authorized herein or by general law.
116     (c)  Any party in addition to other than a party described
117in paragraph (a) who files a pleading in an original civil
118action in circuit court for affirmative relief by cross-claim,
119counterclaim, counterpetition, or third-party complaint shall
120pay the clerk of court a fee of $345 $295. The clerk shall remit
121the fee to the Department of Revenue for deposit into the
122General Revenue Fund.
123     (7)  The party instituting an action for injunction against
124repeat violence under s. 784.046 shall pay to the clerk of the
125court a filing fee of $200. The clerk shall remit this fee to
126the Department of Revenue for deposit into the State Courts
127Revenue Trust Fund.
128     Section 4.  Paragraphs (a) and (c) of subsection (1) of
129section 34.041, Florida Statutes, are amended to read:
130     34.041  Filing fees.--
131     (1)(a)  Upon the institution of any civil action, suit, or
132proceeding in county court, the party shall pay the following
133filing fee, not to exceed:
134     1.  For all claims less than $100....$50.
135     2.  For all claims of $100 or more but not more than
136$500....$75.
137     3.  For all claims of more than $500 but not more than
138$2,500....$170.
139     4.  For all claims of more than $2,500.... $345 $295.
140     5.  In addition, for all proceedings of garnishment,
141attachment, replevin, and distress....$85.
142     6.  For removal of tenant action....$265.
143     (c)  Any party in addition to other than a party described
144in paragraph (a) who files a pleading in an original civil
145action in the county court for affirmative relief by cross-
146claim, counterclaim, counterpetition, or third-party complaint,
147or who files a notice of cross-appeal or notice of joinder or
148motion to intervene as an appellant, cross-appellant, or
149petitioner, shall pay the clerk of court a fee of $345 $295 if
150the
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T I T L E  A M E N D M E N T
157     Remove line(s) 2-13 and insert:
158An act relating to court finances; amending s. 25.241, F.S.;
159increasing a filing fee; providing for remission and deposit of
160such fee; amending s. 28.2401, F.S.; requiring the clerk of
161court to charge filing fees and services charges in certain
162probate matters; increasing a filing fee; providing for
163remission and deposit of such filing fees and service charges;
164prohibiting adding additional fees, charges, or costs to filing
165fees under certain circumstances; amending s. 28.241, F.S.;
166increasing certain filing fees; expanding the parties subject to
167certain filing fees; providing an additional filing fee in trial
168and appellate proceedings for a party instituting an injunction
169action against repeat violence; providing for remission and
170deposit of such fee; amending s. 34.041, F.S.; increasing
171certain filing fees; expanding the parties subject to certain
172filing


CODING: Words stricken are deletions; words underlined are additions.