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.

feedback