| 1 | Representative Schwartz offered the following: |
| 2 |
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| 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; |
| 8 | filing fees, etc.-- |
| 9 | (3)(a) The Clerk of the Supreme Court is hereby required |
| 10 | to collect, upon the filing of a certified copy of a notice of |
| 11 | appeal or petition, $350 $300 for each case docketed, and for |
| 12 | copying, certifying, or furnishing opinions, records, papers, or |
| 13 | other instruments, except as otherwise herein provided, the same |
| 14 | fees that are allowed clerks of the circuit court; however, no |
| 15 | fee shall be less than $1. The State of Florida or its agencies, |
| 16 | when appearing as appellant or petitioner, is exempt from the |
| 17 | filing fees required in this subsection. From each attorney |
| 18 | appearing pro hac vice, the Clerk of the Supreme Court shall |
| 19 | collect an additional fee of $100 to be deposited into the |
| 20 | General Revenue Fund. |
| 21 | (5) The Clerk of the Supreme Court is hereby required to |
| 22 | prepare a statement of all fees collected each month and remit |
| 23 | such statement, together with all fees collected by him or her, |
| 24 | to the Chief Financial Officer. The Chief Financial Officer |
| 25 | shall deposit $300 $250 of each $350 $300 filing fee and all |
| 26 | other fees collected into the General Revenue Fund. The Chief |
| 27 | Financial Officer shall deposit $50 of each filing fee collected |
| 28 | into the state court's Operating Trust Fund to fund court |
| 29 | improvement projects as authorized in the General Appropriations |
| 30 | Act. |
| 31 | Section 2. Effective August 1, 2009, subsections (1), (2), |
| 32 | and (3) of section 28.2401, Florida Statutes, are amended to |
| 33 | read: |
| 34 | 28.2401 Filing fees and service charges in probate |
| 35 | matters.-- |
| 36 | (1) Except when otherwise provided, the clerk shall may |
| 37 | charge filing fees and impose service charges for the following |
| 38 | probate matters services, not to exceed the following amounts: |
| 39 | (a) For the opening of any estate of one document or more, |
| 40 | including, but not limited to, petitions and orders to approve |
| 41 | settlement of minor's claims; to open a safe-deposit box; to |
| 42 | enter rooms and places; for the determination of heirs, if not |
| 43 | formal administration; and for a foreign guardian to manage |
| 44 | property of a nonresident; but not to include issuance of |
| 45 | letters or order of summary administration....$115 |
| 46 | (b) Caveat....$40 |
| 47 | (c) Petition and order to admit foreign wills, |
| 48 | authenticated copies, exemplified copies, or transcript to |
| 49 | record....$115 |
| 50 | (d) For disposition of personal property without |
| 51 | administration....$115 |
| 52 | (e) Summary administration--estates valued at $1,000 or |
| 53 | more....$225 |
| 54 | (f) Summary administration--estates valued at less than |
| 55 | $1,000....$115 |
| 56 | (g) Formal administration, guardianship, ancillary, |
| 57 | curatorship, 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 |
| 63 | probate matters to the Department of Revenue for deposit into |
| 64 | the State Courts Revenue Trust Fund. Upon application by the |
| 65 | clerk and a showing of extraordinary circumstances, the service |
| 66 | charges set forth in this section may be increased in an |
| 67 | individual matter by order of the circuit court before which the |
| 68 | matter is pending, to more adequately compensate for the |
| 69 | services performed. |
| 70 | (3) An additional service charge of $4 on petitions |
| 71 | seeking summary administration, formal administration, ancillary |
| 72 | administration, guardianship, curatorship, and conservatorship |
| 73 | shall be paid to the clerk. The clerk shall transfer $3.50 to |
| 74 | the Department of Revenue for deposit into the Court Education |
| 75 | Trust Fund and shall transfer 50 cents to the Department of |
| 76 | Revenue for deposit into the Department of Financial Services' |
| 77 | Administrative Trust Fund to fund clerk education. No additional |
| 78 | fees, charges, or costs shall be added to the filing fees or |
| 79 | service charges imposed under this section, except as authorized |
| 80 | by general law. |
| 81 | Section 3. Paragraphs (a) and (c) of subsection (1) of |
| 82 | section 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 |
| 86 | proceeding in the circuit court shall pay to the clerk of that |
| 87 | court a filing fee of up to $345 $295 in all cases in which |
| 88 | there are not more than five defendants and an additional filing |
| 89 | fee of up to $2.50 for each defendant in excess of five. Of the |
| 90 | first $85 in filing fees, $80 must be remitted by the clerk to |
| 91 | the Department of Revenue for deposit into the General Revenue |
| 92 | Fund, and $5 must be remitted to the Department of Revenue for |
| 93 | deposit into the Department of Financial Services' |
| 94 | Administrative Trust Fund to fund the contract with the Florida |
| 95 | Clerks of Court Operations Corporation created in s. 28.35. The |
| 96 | next $15 of the filing fee collected shall be deposited in the |
| 97 | state courts' Mediation and Arbitration Trust Fund. One-third of |
| 98 | any filing fees collected by the clerk of the circuit court in |
| 99 | excess of $100 shall be remitted to the Department of Revenue |
| 100 | for deposit into the Department of Revenue Clerks of the Court |
| 101 | Trust Fund. An additional filing fee of $4 shall be paid to the |
| 102 | clerk. The clerk shall remit $3.50 to the Department of Revenue |
| 103 | for deposit into the Court Education Trust Fund and shall remit |
| 104 | 50 cents to the Department of Revenue for deposit into the |
| 105 | Department of Financial Services Administrative Trust Fund to |
| 106 | fund clerk education. An additional filing fee of up to $18 |
| 107 | shall be paid by the party seeking each severance that is |
| 108 | granted. The clerk may impose an additional filing fee of up to |
| 109 | $85 for all proceedings of garnishment, attachment, replevin, |
| 110 | and distress. Postal charges incurred by the clerk of the |
| 111 | circuit court in making service by certified or registered mail |
| 112 | on defendants or other parties shall be paid by the party at |
| 113 | whose instance service is made. No additional fees, charges, or |
| 114 | costs shall be added to the filing fees imposed under this |
| 115 | section, except as authorized herein or by general law. |
| 116 | (c) Any party in addition to other than a party described |
| 117 | in paragraph (a) who files a pleading in an original civil |
| 118 | action in circuit court for affirmative relief by cross-claim, |
| 119 | counterclaim, counterpetition, or third-party complaint shall |
| 120 | pay the clerk of court a fee of $345 $295. The clerk shall remit |
| 121 | the fee to the Department of Revenue for deposit into the |
| 122 | General Revenue Fund. |
| 123 | (7) The party instituting an action for injunction against |
| 124 | repeat violence under s. 784.046 shall pay to the clerk of the |
| 125 | court a filing fee of $200. The clerk shall remit this fee to |
| 126 | the Department of Revenue for deposit into the State Courts |
| 127 | Revenue Trust Fund. |
| 128 | Section 4. Paragraphs (a) and (c) of subsection (1) of |
| 129 | section 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 |
| 132 | proceeding in county court, the party shall pay the following |
| 133 | filing 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, |
| 141 | attachment, replevin, and distress....$85. |
| 142 | 6. For removal of tenant action....$265. |
| 143 | (c) Any party in addition to other than a party described |
| 144 | in paragraph (a) who files a pleading in an original civil |
| 145 | action in the county court for affirmative relief by cross- |
| 146 | claim, counterclaim, counterpetition, or third-party complaint, |
| 147 | or who files a notice of cross-appeal or notice of joinder or |
| 148 | motion to intervene as an appellant, cross-appellant, or |
| 149 | petitioner, shall pay the clerk of court a fee of $345 $295 if |
| 150 | the |
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| 155 | ----------------------------------------------------- |
| 156 | T I T L E A M E N D M E N T |
| 157 | Remove line(s) 2-13 and insert: |
| 158 | An act relating to court finances; amending s. 25.241, F.S.; |
| 159 | increasing a filing fee; providing for remission and deposit of |
| 160 | such fee; amending s. 28.2401, F.S.; requiring the clerk of |
| 161 | court to charge filing fees and services charges in certain |
| 162 | probate matters; increasing a filing fee; providing for |
| 163 | remission and deposit of such filing fees and service charges; |
| 164 | prohibiting adding additional fees, charges, or costs to filing |
| 165 | fees under certain circumstances; amending s. 28.241, F.S.; |
| 166 | increasing certain filing fees; expanding the parties subject to |
| 167 | certain filing fees; providing an additional filing fee in trial |
| 168 | and appellate proceedings for a party instituting an injunction |
| 169 | action against repeat violence; providing for remission and |
| 170 | deposit of such fee; amending s. 34.041, F.S.; increasing |
| 171 | certain filing fees; expanding the parties subject to certain |
| 172 | filing |