Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1130
       
       
       
       
       
       
                                Ì6071561Î607156                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2023           .                                
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       The Appropriations Committee on Criminal and Civil Justice
       (Hutson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (1) of section
    6  28.101, Florida Statutes, is amended to read:
    7         28.101 Petitions and records of dissolution of marriage;
    8  additional charges.—
    9         (1) When a party petitions for a dissolution of marriage,
   10  in addition to the filing charges in s. 28.241, the clerk shall
   11  collect and receive:
   12         (c) A charge of $37.50. On a monthly basis, The clerk shall
   13  deposit the moneys collected pursuant to this paragraph in the
   14  fine and forfeiture fund established pursuant to s. 142.01
   15  transfer the moneys collected pursuant to this paragraph to the
   16  Department of Revenue for deposit in the General Revenue Fund.
   17         Section 2. Subsection (1) of section 28.2401, Florida
   18  Statutes, is amended to read:
   19         28.2401 Service charges and filing fees in probate
   20  matters.—
   21         (1) Except when otherwise provided, the clerk may impose
   22  service charges or filing fees for the following services or
   23  filings, not to exceed the following amounts:
   24         (a) Fee for the opening of any estate of one document or
   25  more, including, but not limited to, petitions and orders to
   26  approve settlement of minor’s claims; to open a safe-deposit
   27  box; to enter rooms and places; for the determination of heirs,
   28  if not formal administration; and for a foreign guardian to
   29  manage property of a nonresident; but not to include issuance of
   30  letters or order of summary administration..................$230
   31         (b) Charge for caveat.................................$40
   32         (c) Fee for petition and order to admit foreign wills,
   33  authenticated copies, exemplified copies, or transcript to
   34  record......................................................$230
   35         (d) Fee for disposition of personal property without
   36  administration..............................................$230
   37         (e) Fee for summary administration—estates valued at $1,000
   38  or more.....................................................$340
   39         (f) Fee for summary administration—estates valued at less
   40  than $1,000.................................................$230
   41         (g) Fee for formal administration, guardianship, ancillary,
   42  curatorship, or conservatorship proceedings.................$395
   43         (h) Fee for guardianship proceedings of person only..$230
   44         (i) Fee for veterans’ guardianship pursuant to chapter
   45  744.........................................................$230
   46         (j) Charge for exemplified certificates................$7
   47         (k) Fee for petition for determination of incompetency$230
   48  
   49  The clerk shall remit $115 of each filing fee collected under
   50  paragraphs (a), (c)-(i), and (k) to the Department of Revenue
   51  for deposit into the State Courts Revenue Trust Fund and shall
   52  remit $15 of each filing fee collected under paragraphs (a),
   53  (c), (d), (f), (h), (i), and (k), $1 of each filing fee
   54  collected under paragraph (j), $5 of each filing fee collected
   55  under paragraph (b), $25 of each filing fee collected under
   56  paragraph (e), and $30 of each filing fee collected under
   57  paragraph (g) to the Department of Revenue for deposit into the
   58  General Revenue Fund.
   59         Section 3. Paragraphs (a) and (d) of subsection (1) of
   60  section 28.241, Florida Statutes, are amended to read:
   61         28.241 Filing fees for trial and appellate proceedings.—
   62         (1) Filing fees are due at the time a party files a
   63  pleading to initiate a proceeding or files a pleading for
   64  relief. Reopen fees are due at the time a party files a pleading
   65  to reopen a proceeding if at least 90 days have elapsed since
   66  the filing of a final order or final judgment with the clerk. If
   67  a fee is not paid upon the filing of the pleading as required
   68  under this section, the clerk shall pursue collection of the fee
   69  pursuant to s. 28.246.
   70         (a)1.a. Except as provided in sub-subparagraph b. and
   71  subparagraph 2., the party instituting any civil action, suit,
   72  or proceeding in the circuit court shall pay to the clerk of
   73  that court a filing fee of up to $395 in all cases in which
   74  there are not more than five defendants and an additional filing
   75  fee of up to $2.50, from which the clerk shall remit $0.50 to
   76  the Department of Revenue for deposit into the General Revenue
   77  Fund, for each defendant in excess of five. Of the first $200 in
   78  filing fees, $195 must be remitted to the Department of Revenue
   79  for deposit into the State Courts Revenue Trust Fund, $4 must be
   80  remitted to the Department of Revenue for deposit into the
   81  Administrative Trust Fund within the Department of Financial
   82  Services and used to fund the contract with the Florida Clerks
   83  of Court Operations Corporation created in s. 28.35, and $1 must
   84  be remitted to the Department of Revenue for deposit into the
   85  Administrative Trust Fund within the Department of Financial
   86  Services to fund audits of individual clerks’ court-related
   87  expenditures conducted by the Department of Financial Services.
   88  By the 10th of each month, the clerk shall submit that portion
   89  of the filing fees collected in the previous month which is in
   90  excess of one-twelfth of the clerk’s total budget to the
   91  Department of Revenue for deposit into the Clerks of the Court
   92  Trust Fund.
   93         b. The party instituting any civil action, suit, or
   94  proceeding in the circuit court under chapter 39, chapter 61,
   95  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
   96  753 shall pay to the clerk of that court a filing fee of up to
   97  $295 in all cases in which there are not more than five
   98  defendants and an additional filing fee of up to $2.50 for each
   99  defendant in excess of five. Of the first $100 in filing fees,
  100  $95 must be remitted to the Department of Revenue for deposit
  101  into the State Courts Revenue Trust Fund, $4 must be remitted to
  102  the Department of Revenue for deposit into the Administrative
  103  Trust Fund within the Department of Financial Services and used
  104  to fund the contract with the Florida Clerks of Court Operations
  105  Corporation created in s. 28.35, and $1 must be remitted to the
  106  Department of Revenue for deposit into the Administrative Trust
  107  Fund within the Department of Financial Services to fund audits
  108  of individual clerks’ court-related expenditures conducted by
  109  the Department of Financial Services.
  110         c. An additional filing fee of $4 shall be paid to the
  111  clerk. The clerk shall remit $3.50 to the Department of Revenue
  112  for deposit into the Court Education Trust Fund and shall remit
  113  50 cents to the Department of Revenue for deposit into the
  114  Administrative Trust Fund within the Department of Financial
  115  Services to fund clerk education provided by the Florida Clerks
  116  of Court Operations Corporation. An additional filing fee of up
  117  to $18 shall be paid by the party seeking each severance that is
  118  granted, from which the clerk shall remit $3 to the Department
  119  of Revenue for deposit into the General Revenue Fund. The clerk
  120  may impose an additional filing fee of up to $85, from which the
  121  clerk shall remit $10 to the Department of Revenue for deposit
  122  into the General Revenue Fund, for all proceedings of
  123  garnishment, attachment, replevin, and distress. Postal charges
  124  incurred by the clerk of the circuit court in making service by
  125  certified or registered mail on defendants or other parties
  126  shall be paid by the party at whose instance service is made.
  127  Additional fees, charges, or costs may not be added to the
  128  filing fees imposed under this section, except as authorized in
  129  this section or by general law.
  130         2.a. Notwithstanding the fees prescribed in subparagraph
  131  1., a party instituting a civil action in circuit court relating
  132  to real property or mortgage foreclosure shall pay a graduated
  133  filing fee based on the value of the claim.
  134         b. A party shall estimate in writing the amount in
  135  controversy of the claim upon filing the action. For purposes of
  136  this subparagraph, the value of a mortgage foreclosure action is
  137  based upon the principal due on the note secured by the
  138  mortgage, plus interest owed on the note and any moneys advanced
  139  by the lender for property taxes, insurance, and other advances
  140  secured by the mortgage, at the time of filing the foreclosure.
  141  The value shall also include the value of any tax certificates
  142  related to the property. In stating the value of a mortgage
  143  foreclosure claim, a party shall declare in writing the total
  144  value of the claim, as well as the individual elements of the
  145  value as prescribed in this sub-subparagraph.
  146         c. In its order providing for the final disposition of the
  147  matter, the court shall identify the actual value of the claim.
  148  The clerk shall adjust the filing fee if there is a difference
  149  between the estimated amount in controversy and the actual value
  150  of the claim and collect any additional filing fee owed or
  151  provide a refund of excess filing fee paid.
  152         d. The party shall pay a filing fee of:
  153         (I) Three hundred and ninety-five dollars in all cases in
  154  which the value of the claim is $50,000 or less and in which
  155  there are not more than five defendants. The party shall pay an
  156  additional filing fee of up to $2.50 for each defendant in
  157  excess of five. Of the first $200 in filing fees, $195 must be
  158  remitted by the clerk to the Department of Revenue for deposit
  159  into the General Revenue Fund, $4 must be remitted to the
  160  Department of Revenue for deposit into the Administrative Trust
  161  Fund within the Department of Financial Services and used to
  162  fund the contract with the Florida Clerks of Court Operations
  163  Corporation created in s. 28.35, and $1 must be remitted to the
  164  Department of Revenue for deposit into the Administrative Trust
  165  Fund within the Department of Financial Services to fund audits
  166  of individual clerks’ court-related expenditures conducted by
  167  the Department of Financial Services;
  168         (II) Nine hundred dollars in all cases in which the value
  169  of the claim is more than $50,000 but less than $250,000 and in
  170  which there are not more than five defendants. The party shall
  171  pay an additional filing fee of up to $2.50 for each defendant
  172  in excess of five. Of the first $355 $705 in filing fees, $350
  173  $700 must be remitted by the clerk to the Department of Revenue
  174  for deposit into the General Revenue Fund, except that the first
  175  $1.5 million in such filing fees remitted to the Department of
  176  Revenue and deposited into the General Revenue Fund in fiscal
  177  year 2018-2019 shall be distributed to the Miami-Dade County
  178  Clerk of Court; $4 must be remitted to the Department of Revenue
  179  for deposit into the Administrative Trust Fund within the
  180  Department of Financial Services and used to fund the contract
  181  with the Florida Clerks of Court Operations Corporation created
  182  in s. 28.35,; and $1 must be remitted to the Department of
  183  Revenue for deposit into the Administrative Trust Fund within
  184  the Department of Financial Services to fund audits of
  185  individual clerks’ court-related expenditures conducted by the
  186  Department of Financial Services; or
  187         (III) One thousand nine hundred dollars in all cases in
  188  which the value of the claim is $250,000 or more and in which
  189  there are not more than five defendants. The party shall pay an
  190  additional filing fee of up to $2.50 for each defendant in
  191  excess of five. Of the first $1,705 in filing fees, $930 must be
  192  remitted by the clerk to the Department of Revenue for deposit
  193  into the General Revenue Fund, $770 must be remitted to the
  194  Department of Revenue for deposit into the State Courts Revenue
  195  Trust Fund, $4 must be remitted to the Department of Revenue for
  196  deposit into the Administrative Trust Fund within the Department
  197  of Financial Services to fund the contract with the Florida
  198  Clerks of Court Operations Corporation created in s. 28.35, and
  199  $1 must be remitted to the Department of Revenue for deposit
  200  into the Administrative Trust Fund within the Department of
  201  Financial Services to fund audits of individual clerks’ court
  202  related expenditures conducted by the Department of Financial
  203  Services.
  204         e. An additional filing fee of $4 shall be paid to the
  205  clerk. The clerk shall remit $3.50 to the Department of Revenue
  206  for deposit into the Court Education Trust Fund and shall remit
  207  50 cents to the Department of Revenue for deposit into the
  208  Administrative Trust Fund within the Department of Financial
  209  Services to fund clerk education provided by the Florida Clerks
  210  of Court Operations Corporation. An additional filing fee of up
  211  to $18 shall be paid by the party seeking each severance that is
  212  granted. The clerk may impose an additional filing fee of up to
  213  $85 for all proceedings of garnishment, attachment, replevin,
  214  and distress. Postal charges incurred by the clerk of the
  215  circuit court in making service by certified or registered mail
  216  on defendants or other parties shall be paid by the party at
  217  whose instance service is made. Additional fees, charges, or
  218  costs may not be added to the filing fees imposed under this
  219  section, except as authorized in this section or by general law.
  220         (d) The clerk of court shall collect a service charge of
  221  $10 for issuing an original, a certified copy, or an electronic
  222  certified copy of a summons, which the clerk shall deposit into
  223  the fine and forfeiture fund established pursuant to s. 142.01
  224  remit to the Department of Revenue for deposit into the General
  225  Revenue Fund. The clerk shall assess the fee against the party
  226  seeking to have the summons issued.
  227         Section 4. Subsection (3) of section 28.37, Florida
  228  Statutes, is amended to read:
  229         28.37 Fines, fees, service charges, and costs remitted to
  230  the state.—
  231         (3) The portion of all fines, fees, service charges, and
  232  costs collected by the clerks of the court for the previous
  233  quarter month which is in excess of one-fourth one-twelfth of
  234  the clerks’ total budget for the performance of court-related
  235  functions must be remitted to the Department of Revenue for
  236  deposit into the Clerks of the Court Trust Fund. Such
  237  collections do not include funding received for the operation of
  238  the Title IV-D child support collections and disbursement
  239  program. The clerk of the court shall remit the revenues
  240  collected during the previous quarter month due to the state on
  241  or before the 10th day of the next preceding month immediately
  242  following the quarterly calculation each month.
  243         Section 5. This act shall take effect July 1, 2023.
  244  
  245  ================= T I T L E  A M E N D M E N T ================
  246  And the title is amended as follows:
  247         Delete everything before the enacting clause
  248  and insert:
  249                        A bill to be entitled                      
  250         An act relating to clerks of court; amending s.
  251         28.101, F.S.; revising the collections requirements of
  252         a clerk of court when a party petitions for a
  253         dissolution of marriage; amending s. 28.2401, F.S.;
  254         revising the collections requirements of a clerk of
  255         court in probate matters; amending s. 28.241, F.S.;
  256         revising the collections requirements of a clerk of
  257         court in trial and appellate proceedings; revising the
  258         allocation of filing fees in trial and appellate
  259         proceedings in certain instances; amending s. 28.37,
  260         F.S.; revising the collections requirements of a clerk
  261         of court as it relates to fines, fees, service
  262         charges, and costs remitted to the state; providing an
  263         effective date.