Florida Senate - 2023                             CS for SB 1130
       
       
        
       By the Appropriations Committee on Criminal and Civil Justice;
       and Senators Hutson and Thompson
       
       
       
       
       604-03967-23                                          20231130c1
    1                        A bill to be entitled                      
    2         An act relating to clerks of court; amending s.
    3         28.101, F.S.; revising the collections requirements of
    4         a clerk of court when a party petitions for a
    5         dissolution of marriage; amending s. 28.2401, F.S.;
    6         revising the collections requirements of a clerk of
    7         court in probate matters; amending s. 28.241, F.S.;
    8         revising the collections requirements of a clerk of
    9         court in trial and appellate proceedings; revising the
   10         allocation of filing fees in trial and appellate
   11         proceedings in certain instances; amending s. 28.37,
   12         F.S.; revising the collections requirements of a clerk
   13         of court as it relates to fines, fees, service
   14         charges, and costs remitted to the state; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (c) of subsection (1) of section
   20  28.101, Florida Statutes, is amended to read:
   21         28.101 Petitions and records of dissolution of marriage;
   22  additional charges.—
   23         (1) When a party petitions for a dissolution of marriage,
   24  in addition to the filing charges in s. 28.241, the clerk shall
   25  collect and receive:
   26         (c) A charge of $37.50. On a monthly basis, The clerk shall
   27  deposit the moneys collected pursuant to this paragraph in the
   28  fine and forfeiture fund established pursuant to s. 142.01
   29  transfer the moneys collected pursuant to this paragraph to the
   30  Department of Revenue for deposit in the General Revenue Fund.
   31         Section 2. Subsection (1) of section 28.2401, Florida
   32  Statutes, is amended to read:
   33         28.2401 Service charges and filing fees in probate
   34  matters.—
   35         (1) Except when otherwise provided, the clerk may impose
   36  service charges or filing fees for the following services or
   37  filings, not to exceed the following amounts:
   38         (a) Fee for the opening of any estate of one document or
   39  more, including, but not limited to, petitions and orders to
   40  approve settlement of minor’s claims; to open a safe-deposit
   41  box; to enter rooms and places; for the determination of heirs,
   42  if not formal administration; and for a foreign guardian to
   43  manage property of a nonresident; but not to include issuance of
   44  letters or order of summary administration..................$230
   45         (b) Charge for caveat.................................$40
   46         (c) Fee for petition and order to admit foreign wills,
   47  authenticated copies, exemplified copies, or transcript to
   48  record......................................................$230
   49         (d) Fee for disposition of personal property without
   50  administration..............................................$230
   51         (e) Fee for summary administration—estates valued at $1,000
   52  or more.....................................................$340
   53         (f) Fee for summary administration—estates valued at less
   54  than $1,000.................................................$230
   55         (g) Fee for formal administration, guardianship, ancillary,
   56  curatorship, or conservatorship proceedings.................$395
   57         (h) Fee for guardianship proceedings of person only..$230
   58         (i) Fee for veterans’ guardianship pursuant to chapter
   59  744.........................................................$230
   60         (j) Charge for exemplified certificates................$7
   61         (k) Fee for petition for determination of incompetency$230
   62  
   63  The clerk shall remit $115 of each filing fee collected under
   64  paragraphs (a), (c)-(i), and (k) to the Department of Revenue
   65  for deposit into the State Courts Revenue Trust Fund and shall
   66  remit $15 of each filing fee collected under paragraphs (a),
   67  (c), (d), (f), (h), (i), and (k), $1 of each filing fee
   68  collected under paragraph (j), $5 of each filing fee collected
   69  under paragraph (b), $25 of each filing fee collected under
   70  paragraph (e), and $30 of each filing fee collected under
   71  paragraph (g) to the Department of Revenue for deposit into the
   72  General Revenue Fund.
   73         Section 3. Paragraphs (a) and (d) of subsection (1) of
   74  section 28.241, Florida Statutes, are amended to read:
   75         28.241 Filing fees for trial and appellate proceedings.—
   76         (1) Filing fees are due at the time a party files a
   77  pleading to initiate a proceeding or files a pleading for
   78  relief. Reopen fees are due at the time a party files a pleading
   79  to reopen a proceeding if at least 90 days have elapsed since
   80  the filing of a final order or final judgment with the clerk. If
   81  a fee is not paid upon the filing of the pleading as required
   82  under this section, the clerk shall pursue collection of the fee
   83  pursuant to s. 28.246.
   84         (a)1.a. Except as provided in sub-subparagraph b. and
   85  subparagraph 2., the party instituting any civil action, suit,
   86  or proceeding in the circuit court shall pay to the clerk of
   87  that court a filing fee of up to $395 in all cases in which
   88  there are not more than five defendants and an additional filing
   89  fee of up to $2.50, from which the clerk shall remit $0.50 to
   90  the Department of Revenue for deposit into the General Revenue
   91  Fund, for each defendant in excess of five. Of the first $200 in
   92  filing fees, $195 must be remitted to the Department of Revenue
   93  for deposit into the State Courts Revenue Trust Fund, $4 must be
   94  remitted to the Department of Revenue for deposit into the
   95  Administrative Trust Fund within the Department of Financial
   96  Services and used to fund the contract with the Florida Clerks
   97  of Court Operations Corporation created in s. 28.35, and $1 must
   98  be remitted to the Department of Revenue for deposit into the
   99  Administrative Trust Fund within the Department of Financial
  100  Services to fund audits of individual clerks’ court-related
  101  expenditures conducted by the Department of Financial Services.
  102  By the 10th of each month, the clerk shall submit that portion
  103  of the filing fees collected in the previous month which is in
  104  excess of one-twelfth of the clerk’s total budget to the
  105  Department of Revenue for deposit into the Clerks of the Court
  106  Trust Fund.
  107         b. The party instituting any civil action, suit, or
  108  proceeding in the circuit court under chapter 39, chapter 61,
  109  chapter 741, chapter 742, chapter 747, chapter 752, or chapter
  110  753 shall pay to the clerk of that court a filing fee of up to
  111  $295 in all cases in which there are not more than five
  112  defendants and an additional filing fee of up to $2.50 for each
  113  defendant in excess of five. Of the first $100 in filing fees,
  114  $95 must be remitted to the Department of Revenue for deposit
  115  into the State Courts Revenue Trust Fund, $4 must be remitted to
  116  the Department of Revenue for deposit into the Administrative
  117  Trust Fund within the Department of Financial Services and used
  118  to fund the contract with the Florida Clerks of Court Operations
  119  Corporation created in s. 28.35, and $1 must be remitted to the
  120  Department of Revenue for deposit into the Administrative Trust
  121  Fund within the Department of Financial Services to fund audits
  122  of individual clerks’ court-related expenditures conducted by
  123  the Department of Financial Services.
  124         c. An additional filing fee of $4 shall be paid to the
  125  clerk. The clerk shall remit $3.50 to the Department of Revenue
  126  for deposit into the Court Education Trust Fund and shall remit
  127  50 cents to the Department of Revenue for deposit into the
  128  Administrative Trust Fund within the Department of Financial
  129  Services to fund clerk education provided by the Florida Clerks
  130  of Court Operations Corporation. An additional filing fee of up
  131  to $18 shall be paid by the party seeking each severance that is
  132  granted, from which the clerk shall remit $3 to the Department
  133  of Revenue for deposit into the General Revenue Fund. The clerk
  134  may impose an additional filing fee of up to $85, from which the
  135  clerk shall remit $10 to the Department of Revenue for deposit
  136  into the General Revenue Fund, for all proceedings of
  137  garnishment, attachment, replevin, and distress. Postal charges
  138  incurred by the clerk of the circuit court in making service by
  139  certified or registered mail on defendants or other parties
  140  shall be paid by the party at whose instance service is made.
  141  Additional fees, charges, or costs may not be added to the
  142  filing fees imposed under this section, except as authorized in
  143  this section or by general law.
  144         2.a. Notwithstanding the fees prescribed in subparagraph
  145  1., a party instituting a civil action in circuit court relating
  146  to real property or mortgage foreclosure shall pay a graduated
  147  filing fee based on the value of the claim.
  148         b. A party shall estimate in writing the amount in
  149  controversy of the claim upon filing the action. For purposes of
  150  this subparagraph, the value of a mortgage foreclosure action is
  151  based upon the principal due on the note secured by the
  152  mortgage, plus interest owed on the note and any moneys advanced
  153  by the lender for property taxes, insurance, and other advances
  154  secured by the mortgage, at the time of filing the foreclosure.
  155  The value shall also include the value of any tax certificates
  156  related to the property. In stating the value of a mortgage
  157  foreclosure claim, a party shall declare in writing the total
  158  value of the claim, as well as the individual elements of the
  159  value as prescribed in this sub-subparagraph.
  160         c. In its order providing for the final disposition of the
  161  matter, the court shall identify the actual value of the claim.
  162  The clerk shall adjust the filing fee if there is a difference
  163  between the estimated amount in controversy and the actual value
  164  of the claim and collect any additional filing fee owed or
  165  provide a refund of excess filing fee paid.
  166         d. The party shall pay a filing fee of:
  167         (I) Three hundred and ninety-five dollars in all cases in
  168  which the value of the claim is $50,000 or less and in which
  169  there are not more than five defendants. The party shall pay an
  170  additional filing fee of up to $2.50 for each defendant in
  171  excess of five. Of the first $200 in filing fees, $195 must be
  172  remitted by the clerk to the Department of Revenue for deposit
  173  into the General Revenue Fund, $4 must be remitted to the
  174  Department of Revenue for deposit into the Administrative Trust
  175  Fund within the Department of Financial Services and used to
  176  fund the contract with the Florida Clerks of Court Operations
  177  Corporation created in s. 28.35, and $1 must be remitted to the
  178  Department of Revenue for deposit into the Administrative Trust
  179  Fund within the Department of Financial Services to fund audits
  180  of individual clerks’ court-related expenditures conducted by
  181  the Department of Financial Services;
  182         (II) Nine hundred dollars in all cases in which the value
  183  of the claim is more than $50,000 but less than $250,000 and in
  184  which there are not more than five defendants. The party shall
  185  pay an additional filing fee of up to $2.50 for each defendant
  186  in excess of five. Of the first $355 $705 in filing fees, $350
  187  $700 must be remitted by the clerk to the Department of Revenue
  188  for deposit into the General Revenue Fund, except that the first
  189  $1.5 million in such filing fees remitted to the Department of
  190  Revenue and deposited into the General Revenue Fund in fiscal
  191  year 2018-2019 shall be distributed to the Miami-Dade County
  192  Clerk of Court; $4 must be remitted to the Department of Revenue
  193  for deposit into the Administrative Trust Fund within the
  194  Department of Financial Services and used to fund the contract
  195  with the Florida Clerks of Court Operations Corporation created
  196  in s. 28.35,; and $1 must be remitted to the Department of
  197  Revenue for deposit into the Administrative Trust Fund within
  198  the Department of Financial Services to fund audits of
  199  individual clerks’ court-related expenditures conducted by the
  200  Department of Financial Services; or
  201         (III) One thousand nine hundred dollars in all cases in
  202  which the value of the claim is $250,000 or more and in which
  203  there are not more than five defendants. The party shall pay an
  204  additional filing fee of up to $2.50 for each defendant in
  205  excess of five. Of the first $1,705 in filing fees, $930 must be
  206  remitted by the clerk to the Department of Revenue for deposit
  207  into the General Revenue Fund, $770 must be remitted to the
  208  Department of Revenue for deposit into the State Courts Revenue
  209  Trust Fund, $4 must be remitted to the Department of Revenue for
  210  deposit into the Administrative Trust Fund within the Department
  211  of Financial Services to fund the contract with the Florida
  212  Clerks of Court Operations Corporation created in s. 28.35, and
  213  $1 must be remitted to the Department of Revenue for deposit
  214  into the Administrative Trust Fund within the Department of
  215  Financial Services to fund audits of individual clerks’ court
  216  related expenditures conducted by the Department of Financial
  217  Services.
  218         e. An additional filing fee of $4 shall be paid to the
  219  clerk. The clerk shall remit $3.50 to the Department of Revenue
  220  for deposit into the Court Education Trust Fund and shall remit
  221  50 cents to the Department of Revenue for deposit into the
  222  Administrative Trust Fund within the Department of Financial
  223  Services to fund clerk education provided by the Florida Clerks
  224  of Court Operations Corporation. An additional filing fee of up
  225  to $18 shall be paid by the party seeking each severance that is
  226  granted. The clerk may impose an additional filing fee of up to
  227  $85 for all proceedings of garnishment, attachment, replevin,
  228  and distress. Postal charges incurred by the clerk of the
  229  circuit court in making service by certified or registered mail
  230  on defendants or other parties shall be paid by the party at
  231  whose instance service is made. Additional fees, charges, or
  232  costs may not be added to the filing fees imposed under this
  233  section, except as authorized in this section or by general law.
  234         (d) The clerk of court shall collect a service charge of
  235  $10 for issuing an original, a certified copy, or an electronic
  236  certified copy of a summons, which the clerk shall deposit into
  237  the fine and forfeiture fund established pursuant to s. 142.01
  238  remit to the Department of Revenue for deposit into the General
  239  Revenue Fund. The clerk shall assess the fee against the party
  240  seeking to have the summons issued.
  241         Section 4. Subsection (3) of section 28.37, Florida
  242  Statutes, is amended to read:
  243         28.37 Fines, fees, service charges, and costs remitted to
  244  the state.—
  245         (3) The portion of all fines, fees, service charges, and
  246  costs collected by the clerks of the court for the previous
  247  quarter month which is in excess of one-fourth one-twelfth of
  248  the clerks’ total budget for the performance of court-related
  249  functions must be remitted to the Department of Revenue for
  250  deposit into the Clerks of the Court Trust Fund. Such
  251  collections do not include funding received for the operation of
  252  the Title IV-D child support collections and disbursement
  253  program. The clerk of the court shall remit the revenues
  254  collected during the previous quarter month due to the state on
  255  or before the 10th day of the next preceding month immediately
  256  following the quarterly calculation each month.
  257         Section 5. This act shall take effect July 1, 2023.