FL
Florida House Bill H0977

Florida 2023 Regular Session

Florida House Bill H0977 Compare Versions

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1010 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
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1515 An act relating to clerks of court; amending s. 2
1616 28.101, F.S.; revising the collections requirements of 3
1717 a clerk of court when a party petitions for a 4
1818 dissolution of marriage; amending s. 28.2401, F.S.; 5
1919 revising the collections requirements of a clerk of 6
2020 court in probate matters; amending s. 28.241, F.S.; 7
2121 revising the collections requirements of a clerk of 8
2222 court in trial and appellate proceedings; revising the 9
2323 allocation of filing fees in trial and appellate 10
2424 proceedings in certain instances; amending s. 28.37, 11
2525 F.S.; revising the collections requirements of a clerk 12
2626 of court as it relates to fines, fees, service 13
2727 charges, and costs remitted to the state; providing an 14
2828 effective date. 15
2929 16
3030 Be It Enacted by the Legislature of the State of Florida: 17
3131 18
3232 Section 1. Paragraph (c) of subsection (1) of section 19
3333 28.101, Florida Statutes, is amended to read: 20
3434 28.101 Petitions and records of dissolution of marriage; 21
3535 additional charges.— 22
3636 (1) When a party petitions for a dissolution of marriage, 23
3737 in addition to the filing charges in s. 28.241, the clerk shall 24
3838 collect and receive: 25
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4747 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
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5151 (c) A charge of $37.50. On a monthly basis, The clerk 26
5252 shall deposit the moneys collected pursuant to th is paragraph in 27
5353 the fine and forfeiture fund established pursuant to s. 142.01 28
5454 transfer the moneys collected pursuant to this paragraph to the 29
5555 Department of Revenue for deposit in the General Revenue Fund . 30
5656 Section 2. Subsection (1) of section 28.2401, Florida 31
5757 Statutes, is amended to read: 32
5858 28.2401 Service charges and filing fees in probate 33
5959 matters.— 34
6060 (1) Except when otherwise provided, the clerk may impose 35
6161 service charges or filing fees for the following services or 36
6262 filings, not to exceed the followin g amounts: 37
6363 (a) Fee for the opening of any estate of one document or 38
6464 more, including, but not limited to, petitions and orders to 39
6565 approve settlement of minor's claims; to open a safe -deposit 40
6666 box; to enter rooms and places; for the determination of heirs, 41
6767 if not formal administration; and for a foreign guardian to 42
6868 manage property of a nonresident; but not to include issuance of 43
6969 letters or order of summary administration .................. $230 44
7070 (b) Charge for caveat ................................ . $40 45
7171 (c) Fee for petition and order to admit foreign wills , 46
7272 authenticated copies, exemplified copies, or transcript to 47
7373 record ................................ .................... $230 48
7474 (d) Fee for disposition of personal property without 49
7575 administration................................ ............. $230 50
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8484 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
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8888 (e) Fee for summary administration —estates valued at 51
8989 $1,000 or more................................ ............. $340 52
9090 (f) Fee for summary administration—estates valued at less 53
9191 than $1,000 ................................ ............... $230 54
9292 (g) Fee for formal administration, guardianship, 55
9393 ancillary, curatorship, or conservatorship proceedings ...... $395 56
9494 (h) Fee for guardianship proceedings of person only ... $230 57
9595 (i) Fee for veterans' guardia nship pursuant to chapter 744 $230 58
9696 (j) Charge for exemplified certificates ................. $7 59
9797 (k) Fee for petition for determination of incompetency $230 60
9898 61
9999 The clerk shall remit $115 of each filing fee collected under 62
100100 paragraphs (a), (c)-(i), and (k) to the Department of Revenue 63
101101 for deposit into the State Courts Revenue Trust Fund and shall 64
102102 remit $15 of each filing fee collected under paragraphs (a), 65
103103 (c), (d), (f), (h), (i), and (k), $1 of each filing fee 66
104104 collected under paragraph (j), $5 of each filing fee collected 67
105105 under paragraph (b), $25 of each filing fee collected under 68
106106 paragraph (e), and $30 of each filing fee collected under 69
107107 paragraph (g) to the Department of Revenue for deposit into the 70
108108 General Revenue Fund . 71
109109 Section 3. Paragraphs (a) and (d) of subsection (1 ) of 72
110110 section 28.241, Florida Statutes, are amended to read: 73
111111 28.241 Filing fees for trial and appellate proceedings. — 74
112112 (1) Filing fees are due at the time a party files a 75
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121121 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
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125125 pleading to initiate a proceeding or files a pleading for 76
126126 relief. Reopen fees are d ue at the time a party files a pleading 77
127127 to reopen a proceeding if at least 90 days have elapsed since 78
128128 the filing of a final order or final judgment with the clerk. If 79
129129 a fee is not paid upon the filing of the pleading as required 80
130130 under this section, the cle rk shall pursue collection of the fee 81
131131 pursuant to s. 28.246. 82
132132 (a)1.a. Except as provided in sub -subparagraph b. and 83
133133 subparagraph 2., the party instituting any civil action, suit, 84
134134 or proceeding in the circuit court shall pay to the clerk of 85
135135 that court a filing fee of up to $395 in all cases in which 86
136136 there are not more than five defendants and an additional filing 87
137137 fee of up to $2.50, from which the clerk shall remit $0.50 to 88
138138 the Department of Revenue for deposit into the General Revenue 89
139139 Fund, for each defend ant in excess of five. Of the first $200 in 90
140140 filing fees, $195 must be remitted to the Department of Revenue 91
141141 for deposit into the State Courts Revenue Trust Fund, $4 must be 92
142142 remitted to the Department of Revenue for deposit into the 93
143143 Administrative Trust Fun d within the Department of Financial 94
144144 Services and used to fund the contract with the Florida Clerks 95
145145 of Court Operations Corporation created in s. 28.35, and $1 must 96
146146 be remitted to the Department of Revenue for deposit into the 97
147147 Administrative Trust Fund wit hin the Department of Financial 98
148148 Services to fund audits of individual clerks' court -related 99
149149 expenditures conducted by the Department of Financial Services. 100
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158158 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
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162162 By the 10th of each month, the clerk shall submit that portion 101
163163 of the filing fees collected in the p revious month which is in 102
164164 excess of one-twelfth of the clerk's total budget to the 103
165165 Department of Revenue for deposit into the Clerks of the Court 104
166166 Trust Fund. 105
167167 b. The party instituting any civil action, suit, or 106
168168 proceeding in the circuit court under chapte r 39, chapter 61, 107
169169 chapter 741, chapter 742, chapter 747, chapter 752, or chapter 108
170170 753 shall pay to the clerk of that court a filing fee of up to 109
171171 $295 in all cases in which there are not more than five 110
172172 defendants and an additional filing fee of up to $2.50 f or each 111
173173 defendant in excess of five. Of the first $100 in filing fees, 112
174174 $95 must be remitted to the Department of Revenue for deposit 113
175175 into the State Courts Revenue Trust Fund, $4 must be remitted to 114
176176 the Department of Revenue for deposit into the Administrat ive 115
177177 Trust Fund within the Department of Financial Services and used 116
178178 to fund the contract with the Florida Clerks of Court Operations 117
179179 Corporation created in s. 28.35, and $1 must be remitted to the 118
180180 Department of Revenue for deposit into the Administrative T rust 119
181181 Fund within the Department of Financial Services to fund audits 120
182182 of individual clerks' court -related expenditures conducted by 121
183183 the Department of Financial Services. 122
184184 c. An additional filing fee of $4 shall be paid to the 123
185185 clerk. The clerk shall remit $ 3.50 to the Department of Revenue 124
186186 for deposit into the Court Education Trust Fund and shall remit 125
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195195 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
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199199 50 cents to the Department of Revenue for deposit into the 126
200200 Administrative Trust Fund within the Department of Financial 127
201201 Services to fund clerk education provi ded by the Florida Clerks 128
202202 of Court Operations Corporation. An additional filing fee of up 129
203203 to $18 shall be paid by the party seeking each severance that is 130
204204 granted, from which the clerk shall remit $3 to the Department 131
205205 of Revenue for deposit into the Genera l Revenue Fund. The clerk 132
206206 may impose an additional filing fee of up to $85, from which the 133
207207 clerk shall remit $10 to the Department of Revenue for deposit 134
208208 into the General Revenue Fund, for all proceedings of 135
209209 garnishment, attachment, replevin, and distress. Postal charges 136
210210 incurred by the clerk of the circuit court in making service by 137
211211 certified or registered mail on defendants or other parties 138
212212 shall be paid by the party at whose instance service is made. 139
213213 Additional fees, charges, or costs may not be added to the 140
214214 filing fees imposed under this section, except as authorized in 141
215215 this section or by general law. 142
216216 2.a. Notwithstanding the fees prescribed in subparagraph 143
217217 1., a party instituting a civil action in circuit court relating 144
218218 to real property or mortgage fo reclosure shall pay a graduated 145
219219 filing fee based on the value of the claim. 146
220220 b. A party shall estimate in writing the amount in 147
221221 controversy of the claim upon filing the action. For purposes of 148
222222 this subparagraph, the value of a mortgage foreclosure action is 149
223223 based upon the principal due on the note secured by the 150
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232232 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
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236236 mortgage, plus interest owed on the note and any moneys advanced 151
237237 by the lender for property taxes, insurance, and other advances 152
238238 secured by the mortgage, at the time of filing the foreclosure. 153
239239 The value shall also include the value of any tax certificates 154
240240 related to the property. In stating the value of a mortgage 155
241241 foreclosure claim, a party shall declare in writing the total 156
242242 value of the claim, as well as the individual elements of the 157
243243 value as prescribed in this sub-subparagraph. 158
244244 c. In its order providing for the final disposition of the 159
245245 matter, the court shall identify the actual value of the claim. 160
246246 The clerk shall adjust the filing fee if there is a difference 161
247247 between the estimated amount in con troversy and the actual value 162
248248 of the claim and collect any additional filing fee owed or 163
249249 provide a refund of excess filing fee paid. 164
250250 d. The party shall pay a filing fee of: 165
251251 (I) Three hundred and ninety -five dollars in all cases in 166
252252 which the value of th e claim is $50,000 or less and in which 167
253253 there are not more than five defendants. The party shall pay an 168
254254 additional filing fee of up to $2.50 for each defendant in 169
255255 excess of five. Of the first $200 in filing fees, $195 must be 170
256256 remitted by the clerk to the D epartment of Revenue for deposit 171
257257 into the General Revenue Fund, $4 must be remitted to the 172
258258 Department of Revenue for deposit into the Administrative Trust 173
259259 Fund within the Department of Financial Services and used to 174
260260 fund the contract with the Florida Clerk s of Court Operations 175
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269269 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
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273273 Corporation created in s. 28.35, and $1 must be remitted to the 176
274274 Department of Revenue for deposit into the Administrative Trust 177
275275 Fund within the Department of Financial Services to fund audits 178
276276 of individual clerks' court -related expenditures conducted by 179
277277 the Department of Financial Services; 180
278278 (II) Nine hundred dollars in all cases in which the value 181
279279 of the claim is more than $50,000 but less than $250,000 and in 182
280280 which there are not more than five defendants. The party shall 183
281281 pay an additional filing fee of up to $2.50 for each defendant 184
282282 in excess of five. Of the first $355 $705 in filing fees, $350 185
283283 $700 must be remitted by the clerk to the Department of Revenue 186
284284 for deposit into the General Revenue Fund, except that the first 187
285285 $1.5 million in such filing fees remitted to the Department of 188
286286 Revenue and deposited into the General Revenue Fund in fiscal 189
287287 year 2018-2019 shall be distributed to the Miami -Dade County 190
288288 Clerk of Court; $4 must be remitted to the Department of Revenue 191
289289 for deposit into the Administrative Trust Fund within the 192
290290 Department of Financial Services and used to fund the contract 193
291291 with the Florida Clerks of Court Operations Corporation created 194
292292 in s. 28.35,; and $1 must be remitted to the Department of 195
293293 Revenue for deposit into the Administrative Trust Fund within 196
294294 the Department of Financial Services to fund audits of 197
295295 individual clerks' court -related expenditures conducted by the 198
296296 Department of Financial Services; or 199
297297 (III) One thousand nine hundred dollars in all cases in 200
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306306 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
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310310 which the value of the claim is $250,000 or more and in which 201
311311 there are not more than five defendants. The party shall pay an 202
312312 additional filing fee of up to $2.50 for each defendant in 203
313313 excess of five. Of the first $1,705 in filing fees, $930 must be 204
314314 remitted by the clerk to the Department of Revenue for deposit 205
315315 into the General Revenue Fund, $770 must be remitted to the 206
316316 Department of Revenue for deposit into the State Courts Revenue 207
317317 Trust Fund, $4 must be remitted to the Department of Revenue for 208
318318 deposit into the Adm inistrative Trust Fund within the Department 209
319319 of Financial Services to fund the contract with the Florida 210
320320 Clerks of Court Operations Corporation created in s. 28.35, and 211
321321 $1 must be remitted to the Department of Revenue for deposit 212
322322 into the Administrative Tr ust Fund within the Department of 213
323323 Financial Services to fund audits of individual clerks' court -214
324324 related expenditures conducted by the Department of Financial 215
325325 Services. 216
326326 e. An additional filing fee of $4 shall be paid to the 217
327327 clerk. The clerk shall remit $3 .50 to the Department of Revenue 218
328328 for deposit into the Court Education Trust Fund and shall remit 219
329329 50 cents to the Department of Revenue for deposit into the 220
330330 Administrative Trust Fund within the Department of Financial 221
331331 Services to fund clerk education provid ed by the Florida Clerks 222
332332 of Court Operations Corporation. An additional filing fee of up 223
333333 to $18 shall be paid by the party seeking each severance that is 224
334334 granted. The clerk may impose an additional filing fee of up to 225
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343343 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
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347347 $85 for all proceedings of garnishment , attachment, replevin, 226
348348 and distress. Postal charges incurred by the clerk of the 227
349349 circuit court in making service by certified or registered mail 228
350350 on defendants or other parties shall be paid by the party at 229
351351 whose instance service is made. Additional fees, charges, or 230
352352 costs may not be added to the filing fees imposed under this 231
353353 section, except as authorized in this section or by general law. 232
354354 (d) The clerk of court shall collect a service charge of 233
355355 $10 for issuing an original, a certified copy, or an electr onic 234
356356 certified copy of a summons, which the clerk shall deposit into 235
357357 the fine and forfeiture fund established pursuant to s. 142.01 236
358358 remit to the Department of Revenue for deposit into the General 237
359359 Revenue Fund. The clerk shall assess the fee against the par ty 238
360360 seeking to have the summons issued. 239
361361 Section 4. Subsection (3) of section 28.37, Florida 240
362362 Statutes, is amended to read: 241
363363 28.37 Fines, fees, service charges, and costs remitted to 242
364364 the state.— 243
365365 (3) The portion of all fines, fees, service charges, and 244
366366 costs collected by the clerks of the court for the previous 245
367367 quarter month which is in excess of one-fourth one-twelfth of 246
368368 the clerks' total budget for the performance of court -related 247
369369 functions must be remitted to the Department of Revenue for 248
370370 deposit into the Clerks of the Court Trust Fund. Such 249
371371 collections do not include funding received for the operation of 250
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380380 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
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384384 the Title IV-D child support collections and disbursement 251
385385 program. The clerk of the court shall remit the revenues 252
386386 collected during the previous quarter month due to the state on 253
387387 or before the 10th day of the next preceding month immediately 254
388388 following the quarterly calculation each month. 255
389389 Section 5. This act shall take effect July 1, 2023. 256