HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 1 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to court fiscal administration ; 2
amending s. 28.241, F.S.; revising certain filing 3
fees; revising how such filing fees are allocated; 4
amending s. 28.246, F.S.; revising the calculation 5
used to determine the presumed ability to pay certain 6
fees, charges, costs, and fines; providing a for mula 7
for determining a specified down payment; providing 8
construction; amending s. 28.35, F.S.; requiring the 9
Florida Clerks of Court Operations Corporation to 10
provide a recommendation on the distribution of 11
specified fees, charges, costs, and fines; provi ding 12
that the corporation shall complete specified duties 13
under certain circumstances; requiring the corporation 14
to annually prepare a specified budget request; 15
providing that such a request is not subject to change 16
by the Justice Administrative Commission ; providing 17
that the Justice Administrative Commission shall 18
submit the request to the Governor for transmittal to 19
the Legislature; amending s. 34.041, F.S.; revising 20
the fund where specified fees are deposited; amending 21
s. 40.29, F.S.; authorizing the cle rk of the circuit 22
court to request reimbursement for certain filings at 23
a specified rate and in a certain manner; amending s. 24
57.082, F.S.; authorizing the clerk to conduct a 25
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 2 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
review of specified records; requiring the clerk to 26
maintain the results of such review in a specified 27
manner and provide the results in such manner to the 28
court under specified provisions; authorizing the 29
clerk to use the results of the review when making a 30
determination of indigence; amending s. 318.14, F.S.; 31
providing that a specifi ed civil penalty must meet a 32
certain minimum amount; amending s. 322.29, F.S.; 33
requiring the Department of Highway Safety and Motor 34
Vehicles to work with a specified association to 35
implement certain technology; providing an effective 36
date. 37
38
Be It Enacted by the Legislature of the State of Florida: 39
40
Section 1. Paragraph (a) of subsection (1) of section 41
28.241, Florida Statutes, is amended to read: 42
28.241 Filing fees for trial and appellate proceedings. — 43
(1) Filing fees are due at the time a party files a 44
pleading to initiate a proceeding or files a pleading for 45
relief. Reopen fees are due at the time a party files a pleading 46
to reopen a proceeding if at least 90 days have elapsed since 47
the filing of a final order or final judgment with the clerk. If 48
a fee is not paid upon the filing of the pleading as required 49
under this section, the clerk shall pursue collection of the fee 50
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 3 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
pursuant to s. 28.246. 51
(a)1.a. Except as provided in sub -subparagraph b. and 52
subparagraph 2., the party instituting any civi l action, suit, 53
or proceeding in the circuit court shall pay to the clerk of 54
that court a filing fee of up to $395 in all cases in which 55
there are not more than five defendants and an additional filing 56
fee of up to $2.50, from which the clerk shall remit $ 0.50 to 57
the Department of Revenue for deposit into the General Revenue 58
Fund, for each defendant in excess of five. Of the first $200 in 59
filing fees, $195 must be remitted to the Department of Revenue 60
for deposit into the State Courts Revenue Trust Fund, $4 must be 61
remitted to the Department of Revenue for deposit into the 62
Administrative Trust Fund within the Department of Financial 63
Services and used to fund the contract with the Florida Clerks 64
of Court Operations Corporation created in s. 28.35, and $1 must 65
be remitted to the Department of Revenue for deposit into the 66
Administrative Trust Fund within the Department of Financial 67
Services to fund audits of individual clerks' court -related 68
expenditures conducted by the Department of Financial Services. 69
By the 10th of each month, the clerk shall submit that portion 70
of the filing fees collected in the previous month which is in 71
excess of one-twelfth of the clerk's total budget to the 72
Department of Revenue for deposit into the Clerks of the Court 73
Trust Fund. 74
b. The party instituting any civil action, suit, or 75
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 4 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
proceeding in the circuit court under chapter 39, chapter 61, 76
chapter 741, chapter 742, chapter 747, chapter 752, or chapter 77
753 shall pay to the clerk of that court a filing fee of up to 78
$295 in all cases in which there are not more than five 79
defendants and an additional filing fee of up to $2.50 for each 80
defendant in excess of five. Of the first $100 in filing fees, 81
$95 must be remitted to the Department of Revenue for deposit 82
into the State Courts Revenue T rust Fund, $4 must be remitted to 83
the Department of Revenue for deposit into the Administrative 84
Trust Fund within the Department of Financial Services and used 85
to fund the contract with the Florida Clerks of Court Operations 86
Corporation created in s. 28.35 , and $1 must be remitted to the 87
Department of Revenue for deposit into the Administrative Trust 88
Fund within the Department of Financial Services to fund audits 89
of individual clerks' court -related expenditures conducted by 90
the Department of Financial Servi ces. 91
c. An additional filing fee of $4 shall be paid to the 92
clerk. The clerk shall remit $3.50 to the Department of Revenue 93
for deposit into the Court Education Trust Fund and shall remit 94
50 cents to the Department of Revenue for deposit into the 95
Administrative Trust Fund within the Department of Financial 96
Services to fund clerk education provided by the Florida Clerks 97
of Court Operations Corporation. An additional filing fee of up 98
to $18 shall be paid by the party seeking each severance that is 99
granted, from which the clerk shall remit $3 to the Department 100
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 5 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of Revenue for deposit into the General Revenue Fund. The clerk 101
may impose an additional filing fee of up to $85, from which the 102
clerk shall remit $10 to the Department of Revenue for deposit 103
into the General Revenue Fund, for all proceedings of 104
garnishment, attachment, replevin, and distress. Postal charges 105
incurred by the clerk of the circuit court in making service by 106
certified or registered mail on defendants or other parties 107
shall be paid by the par ty at whose instance service is made. 108
Additional fees, charges, or costs may not be added to the 109
filing fees imposed under this section, except as authorized in 110
this section or by general law. 111
2.a. Notwithstanding the fees prescribed in subparagraph 112
1., a party instituting a civil action in circuit court relating 113
to real property or mortgage foreclosure shall pay a graduated 114
filing fee based on the value of the claim. 115
b. A party shall estimate in writing the amount in 116
controversy of the claim upon filin g the action. For purposes of 117
this subparagraph, the value of a mortgage foreclosure action is 118
based upon the principal due on the note secured by the 119
mortgage, plus interest owed on the note and any moneys advanced 120
by the lender for property taxes, insura nce, and other advances 121
secured by the mortgage, at the time of filing the foreclosure. 122
The value shall also include the value of any tax certificates 123
related to the property. In stating the value of a mortgage 124
foreclosure claim, a party shall declare in w riting the total 125
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 6 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
value of the claim, as well as the individual elements of the 126
value as prescribed in this sub -subparagraph. 127
c. In its order providing for the final disposition of the 128
matter, the court shall identify the actual value of the claim. 129
The clerk shall adjust the filing fee if there is a difference 130
between the estimated amount in controversy and the actual value 131
of the claim and collect any additional filing fee owed or 132
provide a refund of excess filing fee paid. 133
d. The party shall pay a fili ng fee of: 134
(I) Three hundred and ninety -five dollars in all cases in 135
which the value of the claim is $50,000 or less and in which 136
there are not more than five defendants. The party shall pay an 137
additional filing fee of up to $2.50 for each defendant in 138
excess of five. Of the first $200 in filing fees, $195 must be 139
remitted by the clerk to the Department of Revenue for deposit 140
into the General Revenue Fund, $4 must be remitted to the 141
Department of Revenue for deposit into the Administrative Trust 142
Fund within the Department of Financial Services and used to 143
fund the contract with the Florida Clerks of Court Operations 144
Corporation created in s. 28.35, and $1 must be remitted to the 145
Department of Revenue for deposit into the Administrative Trust 146
Fund within the Department of Financial Services to fund audits 147
of individual clerks' court -related expenditures conducted by 148
the Department of Financial Services; 149
(II) Nine hundred dollars in all cases in which the value 150
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 7 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of the claim is more than $50,000 but less tha n $250,000 and in 151
which there are not more than five defendants. The party shall 152
pay an additional filing fee of up to $2.50 for each defendant 153
in excess of five. Of the first $355 $705 in filing fees, $350 154
$700 must be remitted by the clerk to the Departm ent of Revenue 155
for deposit into the General Revenue Fund , except that the first 156
$1.5 million in such filing fees remitted to the Department of 157
Revenue and deposited into the General Revenue Fund in fiscal 158
year 2018-2019 shall be distributed to the Miami -Dade County 159
Clerk of Court; $4 must be remitted to the Department of Revenue 160
for deposit into the Administrative Trust Fund within the 161
Department of Financial Services and used to fund the contract 162
with the Florida Clerks of Court Operations Corporation crea ted 163
in s. 28.35; and $1 must be remitted to the Department of 164
Revenue for deposit into the Administrative Trust Fund within 165
the Department of Financial Services to fund audits of 166
individual clerks' court -related expenditures conducted by the 167
Department of Financial Services; or 168
(III) One thousand nine hundred dollars in all cases in 169
which the value of the claim is $250,000 or more and in which 170
there are not more than five defendants. The party shall pay an 171
additional filing fee of up to $2.50 for each defendant in 172
excess of five. Of the first $1,240 $1,705 in filing fees, $465 173
$930 must be remitted by the clerk to the Department of Revenue 174
for deposit into the General Revenue Fund, $770 must be remitted 175
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 8 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to the Department of Revenue for deposit into the State Courts 176
Revenue Trust Fund, $4 must be remitted to the Department of 177
Revenue for deposit into the Administrative Trust Fund within 178
the Department of Financial Services to fund the contract with 179
the Florida Clerks of Court Operations Corporation created in s. 180
28.35, and $1 must be remitted to the Department of Revenue for 181
deposit into the Administrative Trust Fund within the Department 182
of Financial Services to fund audits of individual clerks' 183
court-related expenditures conducted by the Department of 184
Financial Services. 185
e. An additional filing fee of $4 shall be paid to the 186
clerk. The clerk shall remit $3.50 to the Department of Revenue 187
for deposit into the Court Education Trust Fund and shall remit 188
50 cents to the Department of Revenue for deposit into the 189
Administrative Trust Fund within the Department of Financial 190
Services to fund clerk education provided by the Florida Clerks 191
of Court Operations Corporation. An additional filing fee of up 192
to $18 shall be paid by the party seeking each severance that is 193
granted. The clerk may impose an additional filing fee of up to 194
$85 for all proceedings of garnishment, attachment, replevin, 195
and distress. Postal charges incurred by the clerk of the 196
circuit court in making service by certified or registered mail 197
on defendants or other parties shall be paid by the party at 198
whose instance service is made. Additional fees, charges, or 199
costs may not be added to the filing fees imposed under this 200
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 9 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
section, except as authorized in this section or by general law. 201
Section 2. Paragraph (b) of subsect ion (4) of section 202
28.246, Florida Statutes, is amended to read: 203
28.246 Payment of court -related fines or other monetary 204
penalties, fees, charges, and costs; partial payments; 205
distribution of funds. — 206
(4) 207
(b) An individual seeking to defer payment of f ees, 208
service charges, court costs, or fines imposed by operation of 209
law or order of the court under any provision of general law 210
shall apply to the clerk for enrollment in a payment plan. The 211
clerk shall enter into a payment plan with an individual who the 212
court determines is indigent for costs. It is the responsibility 213
of an individual who is released from incarceration and has 214
outstanding court obligations to contact the clerk within 30 215
days after release to pay fees, service charges, court costs, 216
and fines in full, or to apply for enrollment in a payment plan. 217
1. A monthly payment amount, calculated based upon all 218
fees and all anticipated fees, service charges, court costs, and 219
fines, is presumed to correspond to the person's ability to pay 220
if the amount does not exceed the greater of: 221
a. 2 percent of the person's annual net income, as defined 222
in s. 27.52(1), divided by 12 ; or 223
b. $25. 224
2. Any amount required by the clerk as down payment to 225
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 10 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
initially establish a payment plan shall be the lesser of 10 226
percent of the total amount owed or $100. The amount does not 227
include the imposition of a service charge, pursuant to s. 228
28.24(27)(b) or (c). The clerk shall establish all terms of a 229
payment plan, and the court may review the reasonableness of the 230
payment plan. 231
Section 3. Paragraph (c) of subsection (2) of section 232
28.35, Florida Statutes, is amended, and paragraph (i) is added 233
to that subsection, to read: 234
28.35 Florida Clerks of Court Operations Corporation. — 235
(2) The duties of the corporation shall include the 236
following: 237
(c)1. Recommending to the Legislature changes in the 238
amounts and distribution of the various court -related fines, 239
fees, service charges, and costs established by law to ensure 240
reasonable and adequate funding of the clerks of the c ourt in 241
the performance of their court -related functions. 242
2. If the number of judges under s. 26.031 or s. 34.022 is 243
increased, the corporation shall: 244
a. Develop a formula to be used to estimate the total cost 245
associated with clerk support for circuit and county judges 246
statewide. 247
b. Make a recommendation for consideration by the 248
Legislature on any need for additional funding using the formula 249
approved in sub-subparagraph a. 250
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 11 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(i) Annually preparing a budget request which, 251
notwithstanding the provision s of chapter 216 and in accordance 252
with s. 216.351, provides the anticipated amount necessary for 253
reimbursement pursuant to s. 40.29(6). Such request is not 254
subject to change by the Justice Administrative Commission, but 255
shall be submitted by the Justice A dministrative Commission to 256
the Governor for transmittal to the Legislature. 257
Section 4. Paragraph (c) of subsection (1) of section 258
34.041, Florida Statutes, is amended to read: 259
34.041 Filing fees. — 260
(1) 261
(c) A party in addition to a party described in paragraph 262
(a) who files a pleading in an original civil action in the 263
county court for affirmative relief by cross -claim, 264
counterclaim, counterpetition, or third -party complaint, or who 265
files a notice of cross -appeal or notice of joinder or motion to 266
intervene as an appellant, cross -appellant, or petitioner, shall 267
pay the clerk of court a fee of $295 if the relief sought by the 268
party under this paragraph exceeds $2,500 but is not more than 269
$15,000 and $395 if the relief sought by the party under this 270
paragraph exceeds $15,000. The clerk shall deposit remit the fee 271
if the relief sought by the party under this paragraph exceeds 272
$2,500 but is not more than $15,000 to the Department of Revenue 273
for deposit into the fine and forfeiture fund established 274
pursuant to s. 142.01 General Revenue Fund . This fee does not 275
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 12 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
apply if the cross-claim, counterclaim, counterpetition, or 276
third-party complaint requires transfer of the case from county 277
to circuit court. However, the party shall pay to the clerk the 278
standard filing fee for the court to which the case is to be 279
transferred. 280
Section 5. Subsection (6) is added to section 40.29, 281
Florida Statutes, to read: 282
40.29 Payment of due -process costs; reimbursement for 283
petitions and orders .— 284
(6) Subject to legislative appropriation, the clerk of the 285
circuit court may, on a quarterly basis, submit to the Justice 286
Administrative Commission a certified request for reimbursement 287
for petitions and orders filed under ss. 394.459, 394.463, 288
394.467, 394.917, and 397.6814, at the rate of $40 per petition 289
or order. The request for reimbursement shall be submitted in 290
the form and manner prescribed by the Justice Administrative 291
Commission. 292
Section 6. Paragraphs (a) and (d) of subsection (2) of 293
section 57.082, Florida Statutes, ar e amended to read: 294
57.082 Determination of civil indigent status. — 295
(2) DETERMINATION BY THE CLERK. —The clerk of the court 296
shall determine whether an applicant seeking such designation is 297
indigent based upon the information provided in the application 298
and the criteria prescribed in this subsection. 299
(a)1. An applicant, including an applicant who is a minor 300
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 13 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or an adult tax-dependent person, is indigent if the applicant's 301
income is equal to or below 200 percent of the then -current 302
federal poverty guidelin es prescribed for the size of the 303
household of the applicant by the United States Department of 304
Health and Human Services. 305
2. There is a presumption that the applicant is not 306
indigent if the applicant owns, or has equity in, any intangible 307
or tangible personal property or real property or the expectancy 308
of an interest in any such property having a net equity value of 309
$2,500 or more, excluding the value of the person's homestead 310
and one vehicle having a net value not exceeding $5,000. The 311
clerk may conduct a review of the property records for the 312
county in which the applicant resides and the motor vehicle 313
title records of the state to identify any property interests of 314
the applicant under this subparagraph. The clerk must maintain 315
the results of the review in a file with the application and 316
provide the file to the court if the applicant seeks review 317
under subsection (4). 318
(d) The duty of the clerk in determining whether an 319
applicant is indigent is limited to receiving the application , 320
conducting a review of records under subparagraph (a)2., and 321
comparing the information provided in the application and 322
identified in the review of records to the criteria prescribed 323
in this subsection. The determination of indigent status is a 324
ministerial act of the clerk and may not a decision be based on 325
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 14 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
further investigation or the exercise of independent judgment by 326
the clerk. The clerk may contract with third parties to perform 327
functions assigned to the clerk under this section. 328
Section 7. Subsection (5) of section 318 .14, Florida 329
Statutes, is amended to read: 330
318.14 Noncriminal traffic infractions; exception; 331
procedures.— 332
(5) Any person electing to appear before the designated 333
official or who is required so to appear shall be deemed to have 334
waived his or her right to the civil penalty provisions of s. 335
318.18. The official, after a hearing, shall make a 336
determination as to whether an infraction has been committed. If 337
the commission of an infraction has been proven, the official 338
may impose a civil penalty not to excee d $500, but no less than 339
the amount of the civil penalty provisions of s. 318.18, except 340
that in cases involving unlawful speed in a school zone or 341
involving unlawful speed in a construction zone, the civil 342
penalty may not exceed $1,000; or require attenda nce at a driver 343
improvement school, or both. If the person is required to appear 344
before the designated official pursuant to s. 318.19(1) and is 345
found to have committed the infraction, the designated official 346
shall impose a civil penalty of $1,000 in additi on to any other 347
penalties and the person's driver license shall be suspended for 348
6 months. If the person is required to appear before the 349
designated official pursuant to s. 318.19(2) and is found to 350
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 15 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
have committed the infraction, the designated official sh all 351
impose a civil penalty of $500 in addition to any other 352
penalties and the person's driver license shall be suspended for 353
3 months. If the official determines that no infraction has been 354
committed, no costs or penalties shall be imposed and any costs 355
or penalties that have been paid shall be returned. Moneys 356
received from the mandatory civil penalties imposed pursuant to 357
this subsection upon persons required to appear before a 358
designated official pursuant to s. 318.19(1) or (2) shall be 359
remitted to the Department of Revenue and deposited into the 360
Department of Health Emergency Medical Services Trust Fund to 361
provide financial support to certified trauma centers to assure 362
the availability and accessibility of trauma services throughout 363
the state. Funds depo sited into the Emergency Medical Services 364
Trust Fund under this section shall be allocated as follows: 365
(a) Fifty percent shall be allocated equally among all 366
Level I, Level II, and pediatric trauma centers in recognition 367
of readiness costs for maintainin g trauma services. 368
(b) Fifty percent shall be allocated among Level I, Level 369
II, and pediatric trauma centers based on each center's relative 370
volume of trauma cases as calculated using the hospital 371
discharge data collected pursuant to s. 408.061. 372
Section 8. Subsection (3) is added to section 322.29, 373
Florida Statutes, to read: 374
322.29 Surrender and return of license. — 375
HB 397 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0397-00
Page 16 of 16
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) The department must work with the clerks of court, 376
through their association, to ensure the ability within their 377
technology systems for clerks of court to reinstate suspended 378
driver licenses for failure to pay court obligations. 379
Section 9. This act shall take effect July 1, 2022. 380