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