HB 5405

1
A bill to be entitled
2An act relating to trust funds of the state courts system;
3amending s. 28.241, F.S.; redirecting proceeds from part
4of a filing fee from the state courts' Mediation and
5Arbitration Trust Fund to the State Courts Revenue Trust
6Fund; amending s. 34.041, F.S.; redirecting the proceeds
7from a part of a filing fee from the state courts'
8Mediation and Arbitration Trust Fund to the State Courts
9Revenue Trust Fund; amending s. 35.22, F.S.; redirecting
10the proceeds from a fee from the Mediation/Arbitration
11Trust Fund to the State Courts Revenue Trust Fund;
12amending s. 44.108, F.S.; redirecting the proceeds from a
13part of specified fees from the state courts' Mediation
14and Arbitration Trust Fund to the State Courts Revenue
15Trust Fund; deleting an obsolete provision relating to use
16of moneys in the Mediation and Arbitration Trust Fund;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Paragraph (a) of subsection (1) of section
2228.241, Florida Statutes, is amended to read:
23     28.241  Filing fees for trial and appellate proceedings.-
24     (1)(a)1.a.  Except as provided in sub-subparagraph b. and
25subparagraph 2., the party instituting any civil action, suit,
26or proceeding in the circuit court shall pay to the clerk of
27that court a filing fee of up to $395 in all cases in which
28there are not more than five defendants and an additional filing
29fee of up to $2.50 for each defendant in excess of five. Of the
30first $280 $265 in filing fees, $80 must be remitted by the
31clerk to the Department of Revenue for deposit into the General
32Revenue Fund, $195 $180 must be remitted to the Department of
33Revenue for deposit into the State Courts Revenue Trust Fund,
34$3.50 must be remitted to the Department of Revenue for deposit
35into the Clerks of the Court Trust Fund within the Justice
36Administrative Commission and used to fund the Florida Clerks of
37Court Operations Corporation created in s. 28.35, and $1.50
38shall be remitted to the Department of Revenue for deposit into
39the Administrative Trust Fund within the Department of Financial
40Services to fund clerk budget reviews conducted by the
41Department of Financial Services. The next $15 of the filing fee
42collected shall be deposited in the state courts' Mediation and
43Arbitration Trust Fund. One third of any filing fees collected
44by the clerk of the circuit court in excess of $100 shall be
45remitted to the Department of Revenue for deposit into the
46Clerks of the Court Trust Fund within the Justice Administrative
47Commission.
48     b.  The party instituting any civil action, suit, or
49proceeding in the circuit court under chapter 39, chapter 61,
50chapter 741, chapter 742, chapter 747, chapter 752, or chapter
51753 shall pay to the clerk of that court a filing fee of up to
52$295 in all cases in which there are not more than five
53defendants and an additional filing fee of up to $2.50 for each
54defendant in excess of five. Of the first $180 $165 in filing
55fees, $80 must be remitted by the clerk to the Department of
56Revenue for deposit into the General Revenue Fund, $95 $80 must
57be remitted to the Department of Revenue for deposit into the
58State Courts Revenue Trust Fund, $3.50 must be remitted to the
59Department of Revenue for deposit into the Clerks of the Court
60Trust Fund within the Justice Administrative Commission and used
61to fund the Florida Clerks of Court Operations Corporation
62created in s. 28.35, and $1.50 shall be remitted to the
63Department of Revenue for deposit into the Administrative Trust
64Fund within the Department of Financial Services to fund clerk
65budget reviews conducted by the Department of Financial
66Services. The next $15 of the filing fee collected shall be
67deposited in the state courts' Mediation and Arbitration Trust
68Fund.
69     c.  An additional filing fee of $4 shall be paid to the
70clerk. The clerk shall remit $3.50 to the Department of Revenue
71for deposit into the Court Education Trust Fund and shall remit
7250 cents to the Department of Revenue for deposit into the
73Clerks of the Court Trust Fund within the Justice Administrative
74Commission to fund clerk education. An additional filing fee of
75up to $18 shall be paid by the party seeking each severance that
76is granted. The clerk may impose an additional filing fee of up
77to $85 for all proceedings of garnishment, attachment, replevin,
78and distress. Postal charges incurred by the clerk of the
79circuit court in making service by certified or registered mail
80on defendants or other parties shall be paid by the party at
81whose instance service is made. No additional fees, charges, or
82costs shall be added to the filing fees imposed under this
83section, except as authorized in this section or by general law.
84     2.a.  Notwithstanding the fees prescribed in subparagraph
851., a party instituting a civil action in circuit court relating
86to real property or mortgage foreclosure shall pay a graduated
87filing fee based on the value of the claim.
88     b.  A party shall estimate in writing the amount in
89controversy of the claim upon filing the action. For purposes of
90this subparagraph, the value of a mortgage foreclosure action is
91based upon the principal due on the note secured by the
92mortgage, plus interest owed on the note and any moneys advanced
93by the lender for property taxes, insurance, and other advances
94secured by the mortgage, at the time of filing the foreclosure.
95The value shall also include the value of any tax certificates
96related to the property. In stating the value of a mortgage
97foreclosure claim, a party shall declare in writing the total
98value of the claim, as well as the individual elements of the
99value as prescribed in this sub-subparagraph.
100     c.  In its order providing for the final disposition of the
101matter, the court shall identify the actual value of the claim.
102The clerk shall adjust the filing fee if there is a difference
103between the estimated amount in controversy and the actual value
104of the claim and collect any additional filing fee owed or
105provide a refund of excess filing fee paid.
106     d.  The party shall pay a filing fee of:
107     (I)  Three hundred and ninety-five dollars in all cases in
108which the value of the claim is $50,000 or less and in which
109there are not more than five defendants. The party shall pay an
110additional filing fee of up to $2.50 for each defendant in
111excess of five. Of the first $280 $265 in filing fees, $80 must
112be remitted by the clerk to the Department of Revenue for
113deposit into the General Revenue Fund, $195 $180 must be
114remitted to the Department of Revenue for deposit into the State
115Courts Revenue Trust Fund, $3.50 must be remitted to the
116Department of Revenue for deposit into the Clerks of the Court
117Trust Fund within the Justice Administrative Commission and used
118to fund the Florida Clerks of Court Operations Corporation
119created in s. 28.35, and $1.50 shall be remitted to the
120Department of Revenue for deposit into the Administrative Trust
121Fund within the Department of Financial Services to fund clerk
122budget reviews conducted by the Department of Financial
123Services. The next $15 of the filing fee collected shall be
124deposited in the state courts' Mediation and Arbitration Trust
125Fund;
126     (II)  Nine hundred dollars in all cases in which the value
127of the claim is more than $50,000 but less than $250,000 and in
128which there are not more than five defendants. The party shall
129pay an additional filing fee of up to $2.50 for each defendant
130in excess of five. Of the first $785 $770 in filing fees, $80
131must be remitted by the clerk to the Department of Revenue for
132deposit into the General Revenue Fund, $700 $685 must be
133remitted to the Department of Revenue for deposit into the State
134Courts Revenue Trust Fund, $3.50 must be remitted to the
135Department of Revenue for deposit into the Clerks of the Court
136Trust Fund within the Justice Administrative Commission and used
137to fund the Florida Clerks of Court Operations Corporation
138described in s. 28.35, and $1.50 shall be remitted to the
139Department of Revenue for deposit into the Administrative Trust
140Fund within the Department of Financial Services to fund clerk
141budget reviews conducted by the Department of Financial
142Services. The next $15 of the filing fee collected shall be
143deposited in the state courts' Mediation and Arbitration Trust
144Fund; or
145     (III)  One thousand nine hundred dollars in all cases in
146which the value of the claim is $250,000 or more and in which
147there are not more than five defendants. The party shall pay an
148additional filing fee of up to $2.50 for each defendant in
149excess of five. Of the first $1,785 $1,770 in filing fees, $80
150must be remitted by the clerk to the Department of Revenue for
151deposit into the General Revenue Fund, $1,700 $1,685 must be
152remitted to the Department of Revenue for deposit into the State
153Courts Revenue Trust Fund, $3.50 must be remitted to the
154Department of Revenue for deposit into the Clerks of the Court
155Trust Fund within the Justice Administrative Commission to fund
156the Florida Clerks of Court Operations Corporation created in s.
15728.35, and $1.50 shall be remitted to the Department of Revenue
158for deposit into the Administrative Trust Fund within the
159Department of Financial Services to fund clerk budget reviews
160conducted by the Department of Financial Services. The next $15
161of the filing fee collected shall be deposited in the state
162courts' Mediation and Arbitration Trust Fund.
163     e.  An additional filing fee of $4 shall be paid to the
164clerk. The clerk shall remit $3.50 to the Department of Revenue
165for deposit into the Court Education Trust Fund and shall remit
16650 cents to the Department of Revenue for deposit into the
167Clerks of the Court Trust Fund within the Justice Administrative
168Commission to fund clerk education. An additional filing fee of
169up to $18 shall be paid by the party seeking each severance that
170is granted. The clerk may impose an additional filing fee of up
171to $85 for all proceedings of garnishment, attachment, replevin,
172and distress. Postal charges incurred by the clerk of the
173circuit court in making service by certified or registered mail
174on defendants or other parties shall be paid by the party at
175whose instance service is made. No additional fees, charges, or
176costs shall be added to the filing fees imposed under this
177section, except as authorized in this section or by general law.
178     Section 2.  Paragraph (b) of subsection (1) of section
17934.041, Florida Statutes, is amended to read:
180     34.041  Filing fees.-
181     (1)
182     (b)  The first $80 of the filing fee collected under
183subparagraph (a)4. shall be remitted to the Department of
184Revenue for deposit into the General Revenue Fund. The next $15
185of the filing fee collected under subparagraph (a)4., and the
186first $10 of the filing fee collected under subparagraph (a)7.,
187shall be deposited in the State Courts Revenue state courts'
188Mediation and Arbitration Trust Fund. An additional filing fee
189of $4 shall be paid to the clerk. The clerk shall transfer $3.50
190to the Department of Revenue for deposit into the Court
191Education Trust Fund and shall transfer 50 cents to the
192Department of Revenue for deposit into the Clerks of the Court
193Trust Fund within the Justice Administrative Commission to fund
194clerk education. Postal charges incurred by the clerk of the
195county court in making service by mail on defendants or other
196parties shall be paid by the party at whose instance service is
197made. Except as provided herein, filing fees and service charges
198for performing duties of the clerk relating to the county court
199shall be as provided in ss. 28.24 and 28.241. Except as
200otherwise provided herein, all filing fees shall be remitted to
201the Department of Revenue for deposit into the Clerks of the
202Court Trust Fund within the Justice Administrative Commission.
203Filing fees imposed by this section may not be added to any
204penalty imposed by chapter 316 or chapter 318.
205     Section 3.  Subsection (7) of section 35.22, Florida
206Statutes, is amended to read:
207     35.22  Clerk of district court; appointment; compensation;
208assistants; filing fees; teleconferencing.-
209     (7)  The clerk of the district court of appeal is
210authorized to collect a fee from the parties to an appeal
211reflecting the actual cost of conducting the proceeding through
212teleconferencing where the parties have requested that an oral
213argument or mediation be conducted through teleconferencing. The
214fee collected for this purpose shall be used to offset the
215expenses associated with scheduling the teleconference and shall
216be deposited in the State Courts Revenue Mediation/Arbitration
217Trust Fund.
218     Section 4.  Section 44.108, Florida Statutes, is amended to
219read:
220     44.108  Funding of mediation and arbitration.-
221     (1)  Mediation and arbitration should be accessible to all
222parties regardless of financial status. A filing fee of $1 is
223levied on all proceedings in the circuit or county courts to
224fund mediation and arbitration services which are the
225responsibility of the Supreme Court pursuant to the provisions
226of s. 44.106. The clerk of the court shall forward the moneys
227collected to the Department of Revenue for deposit in the State
228Courts Revenue state courts' Mediation and Arbitration Trust
229Fund.
230     (2)  When court-ordered mediation services are provided by
231a circuit court's mediation program, the following fees, unless
232otherwise established in the General Appropriations Act, shall
233be collected by the clerk of court:
234     (a)  One-hundred twenty dollars per person per scheduled
235session in family mediation when the parties' combined income is
236greater than $50,000, but less than $100,000 per year;
237     (b)  Sixty dollars per person per scheduled session in
238family mediation when the parties' combined income is less than
239$50,000; or
240     (c)  Sixty dollars per person per scheduled session in
241county court cases.
242
243No mediation fees shall be assessed under this subsection in
244residential eviction cases, against a party found to be
245indigent, or for any small claims action. Fees collected by the
246clerk of court pursuant to this section shall be remitted to the
247Department of Revenue for deposit into the State Courts Revenue
248state courts' Mediation and Arbitration Trust Fund to fund
249court-ordered mediation. The clerk of court may deduct $1 per
250fee assessment for processing this fee. The clerk of the court
251shall submit to the chief judge of the circuit and to the Office
252of the State Courts Administrator, no later than 30 days after
253the end of each quarter of the fiscal year, beginning July 1,
2542008, a report specifying the amount of funds collected and
255remitted to the State Courts Revenue state courts' Mediation and
256Arbitration Trust Fund under this section and any other section
257during the previous quarter of the fiscal year. In addition to
258identifying the total aggregate collections and remissions from
259all "statutory sources, the report must identify collections and
260remissions by each statutory source.
261     (3)  For the 2010-2011 fiscal year only and notwithstanding
262any other provision of law to the contrary, moneys in the
263Mediation and Arbitration Trust Fund may be used as specified in
264the General Appropriations Act. This subsection expires July 1,
2652011.
266     Section 5.  This act shall take effect June 1, 2011.
267


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