| 1 | A bill to be entitled |
| 2 | An act relating to eviction of tenants; amending s. |
| 3 | 34.041, F.S.; revising filing fees for removal of tenant |
| 4 | actions; conforming a cross-reference; providing an |
| 5 | effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Paragraphs (a) and (b) of subsection (1) of |
| 10 | section 34.041, Florida Statutes, are amended to read: |
| 11 | 34.041 Filing fees.-- |
| 12 | (1)(a) Upon the institution of any civil action, suit, or |
| 13 | proceeding in county court, the party shall pay the following |
| 14 | filing fee, not to exceed: |
| 15 | 1. For all claims less than $100....$50. |
| 16 | 2. For all claims of $100 or more but not more than |
| 17 | $500....$75. |
| 18 | 3. For all claims of more than $500 but not more than |
| 19 | $2,500....$170. |
| 20 | 4. For all claims of more than $2,500....$295. |
| 21 | 5. In addition, for all proceedings of garnishment, |
| 22 | attachment, replevin, and distress....$85. |
| 23 | 6. For removal of tenant action....$90 $265. |
| 24 | 7. For removal of tenant action for possession and |
| 25 | damages....$265. |
| 26 | (b) The first $80 of the filing fee collected under |
| 27 | subparagraph (a)4. shall be remitted to the Department of |
| 28 | Revenue for deposit into the General Revenue Fund. The next $15 |
| 29 | of the filing fee collected under subparagraph (a)4., and the |
| 30 | first $15 of each filing fee collected under subparagraph |
| 31 | (a)7.6., shall be deposited in the state courts' Mediation and |
| 32 | Arbitration Trust Fund. One-third of any filing fees collected |
| 33 | by the clerk under this section in excess of the first $95 |
| 34 | collected under subparagraph (a)4. shall be remitted to the |
| 35 | Department of Revenue for deposit into the Department of Revenue |
| 36 | Clerks of the Court Trust Fund. An additional filing fee of $4 |
| 37 | shall be paid to the clerk. The clerk shall transfer $3.50 to |
| 38 | the Department of Revenue for deposit into the Court Education |
| 39 | Trust Fund and shall transfer 50 cents to the Department of |
| 40 | Revenue for deposit into the Department of Financial Services' |
| 41 | Administrative Trust Fund to fund clerk education. Postal |
| 42 | charges incurred by the clerk of the county court in making |
| 43 | service by mail on defendants or other parties shall be paid by |
| 44 | the party at whose instance service is made. Except as provided |
| 45 | herein, filing fees and service charges for performing duties of |
| 46 | the clerk relating to the county court shall be as provided in |
| 47 | ss. 28.24 and 28.241. Except as otherwise provided herein, all |
| 48 | filing fees shall be retained as fee income of the office of the |
| 49 | clerk of circuit court. Filing fees imposed by this section may |
| 50 | not be added to any penalty imposed by chapter 316 or chapter |
| 51 | 318. |
| 52 | Section 2. This act shall take effect July 1, 2009. |