Bill Text: FL S0328 | 2019 | Regular Session | Comm Sub
Bill Title: Courts
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2019-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 337 (Ch. 2019-58) [S0328 Detail]
Download: Florida-2019-S0328-Comm_Sub.html
Florida Senate - 2019 CS for CS for CS for SB 328
By the Committees on Appropriations; Infrastructure and
Security; and Judiciary; and Senator Brandes
576-04633-19 2019328c3
1 A bill to be entitled
2 An act relating to courts; amending s. 28.241, F.S.;
3 requiring specified filing fees for appeals from
4 certain county courts; amending s. 34.01, F.S.;
5 increasing the jurisdictional limit for actions at law
6 by county courts on specified dates; requiring the
7 State Courts Administrator to submit a report
8 containing certain recommendations and reviews to the
9 Governor and the Legislature by a specified date;
10 amending s. 34.041, F.S.; providing county court civil
11 filing fees for claims of specified values; providing
12 for distribution of the fees; amending s. 44.108,
13 F.S.; prohibiting the levy of certain fees for
14 mediation and arbitration services in certain cases;
15 providing applicability; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (2) of section 28.241, Florida
20 Statutes, is amended to read:
21 28.241 Filing fees for trial and appellate proceedings.—
22 (2)(a) Upon the institution of any appellate proceeding
23 from any lower court to the circuit court of any such county,
24 including appeals filed by a county or municipality as provided
25 in s. 34.041(5), or from the circuit court to an appellate court
26 of the state, the clerk shall charge and collect from the party
27 or parties instituting such appellate proceedings:
28 1. A filing fee not to exceed $280 for filing a notice of
29 appeal from the county court to the circuit court, excluding a
30 civil case in which the matter in controversy was more than
31 $15,000.
32 2. A filing fee not to exceed $400 for filing a notice of
33 appeal from the county court to the circuit court for a civil
34 case in which the matter in controversy was more than $15,000.
35 The clerk shall remit $270 of each filing fee collected under
36 this subparagraph to the Department of Revenue for deposit into
37 the General Revenue Fund and the clerk shall remit $50 of each
38 filing fee to the Department of Revenue for deposit into the
39 State Courts Revenue Trust Fund to fund court operations as
40 authorized in the General Appropriations Act. The clerk shall
41 retain an accounting of each such remittance. and,
42 3. In addition to the filing fee required under s. 25.241
43 or s. 35.22, $100 for filing a notice of appeal from the circuit
44 court to the district court of appeal or to the Supreme Court.
45 (b) If the party is determined to be indigent, the clerk
46 shall defer payment of the fee otherwise required by this
47 subsection.
48 Section 2. Subsection (1) of section 34.01, Florida
49 Statutes, is amended to read:
50 34.01 Jurisdiction of county court.—
51 (1) County courts shall have original jurisdiction:
52 (a) In all misdemeanor cases not cognizable by the circuit
53 courts.;
54 (b) Of all violations of municipal and county ordinances.;
55 (c) Of all actions at law, except those within the
56 exclusive jurisdiction of the circuit courts, in which the
57 matter in controversy does not exceed the sum of $15,000,
58 exclusive of interest, costs, and attorney attorney’s fees:,
59 except those within the exclusive jurisdiction of the circuit
60 courts; and
61 1. If filed on or before December 31, 2019, the sum of
62 $15,000.
63 2. If filed on or after January 1, 2020, the sum of
64 $30,000.
65 3. If filed on or after January 1, 2022, the sum of
66 $50,000.
67 (d) Of disputes occurring in the homeowners’ associations
68 as described in s. 720.311(2)(a), which shall be concurrent with
69 jurisdiction of the circuit courts.
70
71 By March 1, 2021, the Office of the State Courts Administrator
72 shall submit a report to the Governor, the President of the
73 Senate, and the Speaker of the House of Representatives. The
74 report must make recommendations regarding the adjustment of
75 county court jurisdiction, including, but not limited to,
76 consideration of the claim value of filings in county court and
77 circuit court, case events, timeliness in processing cases, and
78 any fiscal impact to the state as a result of adjusted
79 jurisdictional limits. The clerks of the circuit court and
80 county court shall provide claim value data and necessary case
81 event data to the office to be used in development of the
82 report. The report must also include a review of fees to ensure
83 that the court system is adequately funded and a review of the
84 appellate jurisdiction of the district courts and the circuit
85 courts.
86 Section 3. Paragraphs (a), (b), and (c) of subsection (1)
87 of section 34.041, Florida Statutes, are amended, and paragraph
88 (e) is added to that subsection, to read:
89 34.041 Filing fees.—
90 (1)(a) Filing fees are due at the time a party files a
91 pleading to initiate a proceeding or files a pleading for
92 relief. Reopen fees are due at the time a party files a pleading
93 to reopen a proceeding if at least 90 days have elapsed since
94 the filing of a final order or final judgment with the clerk. If
95 a fee is not paid upon the filing of the pleading as required
96 under this section, the clerk shall pursue collection of the fee
97 pursuant to s. 28.246. Upon the institution of any civil action,
98 suit, or proceeding in county court, the party shall pay the
99 following filing fee, not to exceed:
100 1. For all claims less than $100.....................$50.
101 2. For all claims of $100 or more but not more than
102 $500........................................................$75.
103 3. For all claims of more than $500 but not more than
104 $2,500.....................................................$170.
105 4. For all claims of more than $2,500 but not more than
106 $15,000....................................................$295.
107 5. For all claims more than $15,000.................$395.
108 6.5. In addition, for all proceedings of garnishment,
109 attachment, replevin, and distress..........................$85.
110 7.6. Notwithstanding subparagraphs 3. and 6. 5., for all
111 claims of not more than $1,000 filed simultaneously with an
112 action for replevin of property that is the subject of the
113 claim......................................................$125.
114 8.7. For removal of tenant action...................$180.
115
116 The filing fee in subparagraph 7. 6. is the total fee due under
117 this paragraph for that type of filing, and no other filing fee
118 under this paragraph may be assessed against such a filing.
119 (b) The first $15 of the filing fee collected under
120 subparagraph (a)4. and the first $10 of the filing fee collected
121 under subparagraph (a)8. subparagraph (a)7. shall be deposited
122 in the State Courts Revenue Trust Fund. By the 10th day of each
123 month, the clerk shall submit that portion of the fees collected
124 in the previous month which is in excess of one-twelfth of the
125 clerk’s total budget for the performance of court-related
126 functions to the Department of Revenue for deposit into the
127 Clerks of the Court Trust Fund. An additional filing fee of $4
128 shall be paid to the clerk. The clerk shall transfer $3.50 to
129 the Department of Revenue for deposit into the Court Education
130 Trust Fund and shall transfer 50 cents to the Department of
131 Revenue for deposit into the Administrative Trust Fund within
132 the Department of Financial Services to fund clerk education
133 provided by the Florida Clerks of Court Operations Corporation.
134 Postal charges incurred by the clerk of the county court in
135 making service by mail on defendants or other parties shall be
136 paid by the party at whose instance service is made. Except as
137 provided in this section, filing fees and service charges for
138 performing duties of the clerk relating to the county court
139 shall be as provided in ss. 28.24 and 28.241. Except as
140 otherwise provided in this section, all filing fees shall be
141 retained as fee income of the office of the clerk of the circuit
142 court. Filing fees imposed by this section may not be added to
143 any penalty imposed by chapter 316 or chapter 318.
144 (c) A party in addition to a party described in paragraph
145 (a) who files a pleading in an original civil action in the
146 county court for affirmative relief by cross-claim,
147 counterclaim, counterpetition, or third-party complaint, or who
148 files a notice of cross-appeal or notice of joinder or motion to
149 intervene as an appellant, cross-appellant, or petitioner, shall
150 pay the clerk of court a fee of $295 if the relief sought by the
151 party under this paragraph exceeds $2,500 but is not more than
152 $15,000 and $395 if the relief sought by the party under this
153 paragraph exceeds $15,000. The clerk shall remit the fee if the
154 relief sought by the party under this paragraph exceeds $2,500
155 but is not more than $15,000 to the Department of Revenue for
156 deposit into the General Revenue Fund. This fee does not apply
157 if the cross-claim, counterclaim, counterpetition, or third
158 party complaint requires transfer of the case from county to
159 circuit court. However, the party shall pay to the clerk the
160 standard filing fee for the court to which the case is to be
161 transferred.
162 (e) Of the first $200 in filing fees payable under
163 subparagraph (a)5., $195 must be remitted to the Department of
164 Revenue for deposit into the State Courts Revenue Trust Fund, $4
165 must be remitted to the Department of Revenue for deposit into
166 the Administrative Trust Fund within the Department of Financial
167 Services and used to fund the contract with the Florida Clerks
168 of Court Operations Corporation created in s. 28.35, and $1 must
169 be remitted to the Department of Revenue for deposit into the
170 Administrative Trust Fund within the Department of Financial
171 Services to fund audits of individual clerks’ court-related
172 expenditures conducted by the Department of Financial Services.
173 By the 10th day of each month, the clerk shall submit that
174 portion of the filing fees collected pursuant to this subsection
175 in the previous month which is in excess of one-twelfth of the
176 clerk’s total budget to the Department of Revenue for deposit
177 into the Clerks of the Court Trust Fund.
178 Section 4. Section 44.108, Florida Statutes, is amended to
179 read:
180 44.108 Funding of mediation and arbitration.—
181 (1) Mediation and arbitration should be accessible to all
182 parties regardless of financial status. A filing fee of $1 is
183 levied on all proceedings in the circuit or county courts to
184 fund mediation and arbitration services which are the
185 responsibility of the Supreme Court pursuant to the provisions
186 of s. 44.106. However, the filing fee may not be levied upon an
187 appeal from the county court to the circuit court for a claim
188 that is greater than $15,000. The clerk of the court shall
189 forward the moneys collected to the Department of Revenue for
190 deposit in the State Courts Revenue Trust Fund.
191 (2) When court-ordered mediation services are provided by a
192 circuit court’s mediation program, the following fees, unless
193 otherwise established in the General Appropriations Act, shall
194 be collected by the clerk of court:
195 (a) One-hundred twenty dollars per person per scheduled
196 session in family mediation when the parties’ combined income is
197 greater than $50,000, but less than $100,000 per year;
198 (b) Sixty dollars per person per scheduled session in
199 family mediation when the parties’ combined income is less than
200 $50,000; or
201 (c) Sixty dollars per person per scheduled session in
202 county court cases involving an amount in controversy not
203 exceeding $15,000.
204
205 No mediation fees shall be assessed under this subsection in
206 residential eviction cases, against a party found to be
207 indigent, or for any small claims action. Fees collected by the
208 clerk of court pursuant to this section shall be remitted to the
209 Department of Revenue for deposit into the State Courts Revenue
210 Trust Fund to fund court-ordered mediation. The clerk of court
211 may deduct $1 per fee assessment for processing this fee. The
212 clerk of the court shall submit to the chief judge of the
213 circuit and to the Office of the State Courts Administrator, no
214 later than 30 days after the end of each quarter of the fiscal
215 year, a report specifying the amount of funds collected and
216 remitted to the State Courts Revenue Trust Fund under this
217 section and any other section during the previous quarter of the
218 fiscal year. In addition to identifying the total aggregate
219 collections and remissions from all statutory sources, the
220 report must identify collections and remissions by each
221 statutory source.
222 Section 5. The amendments to the jurisdiction of a court
223 made by this act shall apply with respect to the date of filing
224 the cause of action, regardless of when the cause of action
225 accrued.
226 Section 6. This act shall take effect January 1, 2020.
