Bill Text: FL S0328 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 328 By the Committees on Infrastructure and Security; and Judiciary; and Senator Brandes 596-04062-19 2019328c2 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 creating s. 45.21, F.S., authorizing certain 16 defendants to demand that a court issue a ruling 17 related to proper court venue; authorizing a court to 18 transfer certain civil cases if specified criteria are 19 met; providing applicability; providing an effective 20 date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsection (2) of section 28.241, Florida 25 Statutes, is amended to read: 26 28.241 Filing fees for trial and appellate proceedings.— 27 (2)(a) Upon the institution of any appellate proceeding 28 from any lower court to the circuit court of any such county, 29 including appeals filed by a county or municipality as provided 30 in s. 34.041(5), or from the circuit court to an appellate court 31 of the state, the clerk shall charge and collect from the party 32 or parties instituting such appellate proceedings: 33 1. A filing fee not to exceed $280 for filing a notice of 34 appeal from the county court to the circuit court, excluding a 35 civil case in which the matter in controversy was more than 36 $15,000. 37 2. A filing fee not to exceed $400 for filing a notice of 38 appeal from the county court to the circuit court for a civil 39 case in which the matter in controversy was more than $15,000. 40 The clerk shall remit $250 of each filing fee collected under 41 this subparagraph to the Department of Revenue for deposit into 42 the General Revenue Fund and the clerk shall remit $50 of each 43 filing fee to the Department of Revenue for deposit into the 44 State Courts Revenue Trust Fund to fund court operations as 45 authorized in the General Appropriations Act. The clerk shall 46 retain an accounting of each such remittance.and,47 3. In addition to the filing fee required under s. 25.241 48 or s. 35.22, $100 for filing a notice of appeal from the circuit 49 court to the district court of appeal or to the Supreme Court. 50 (b) If the party is determined to be indigent, the clerk 51 shall defer payment of the fee otherwise required by this 52 subsection. 53 Section 2. Subsection (1) of section 34.01, Florida 54 Statutes, is amended to read: 55 34.01 Jurisdiction of county court.— 56 (1) County courts shall have original jurisdiction: 57 (a) In all misdemeanor cases not cognizable by the circuit 58 courts.;59 (b) Of all violations of municipal and county ordinances.;60 (c) Of all actions at law, except those within the 61 exclusive jurisdiction of the circuit courts, in which the 62 matter in controversy does not exceedthe sum of $15,000, 63 exclusive of interest, costs, and attorneyattorney’sfees:,64except those within the exclusive jurisdiction of the circuit65courts; and66 1. If filed on or before June 30, 2019, the sum of $15,000. 67 2. If filed on or after July 1, 2019, the sum of $30,000. 68 3. If filed on or after July 1, 2021, the sum of $50,000. 69 (d) Of disputes occurring in the homeowners’ associations 70 as described in s. 720.311(2)(a), which shall be concurrent with 71 jurisdiction of the circuit courts. 72 73 By March 1, 2021, the State Courts Administrator shall submit a 74 report to the Governor, the President of the Senate, and the 75 Speaker of the House of Representatives. The report must make 76 recommendations regarding the adjustment of county court 77 jurisdiction, including, but not limited to, an analysis of 78 workflow, timely access to court by litigants, and any resulting 79 fiscal impact to the state as a result of adjusted 80 jurisdictional limits. The report must also include a review of 81 fees to ensure that the court system is adequately funded and a 82 review of the appellate jurisdiction of the district courts and 83 the circuit courts. 84 Section 3. Paragraphs (a), (b), and (c) of subsection (1) 85 of section 34.041, Florida Statutes, are amended, and paragraph 86 (e) is added to that subsection, to read: 87 34.041 Filing fees.— 88 (1)(a) Filing fees are due at the time a party files a 89 pleading to initiate a proceeding or files a pleading for 90 relief. Reopen fees are due at the time a party files a pleading 91 to reopen a proceeding if at least 90 days have elapsed since 92 the filing of a final order or final judgment with the clerk. If 93 a fee is not paid upon the filing of the pleading as required 94 under this section, the clerk shall pursue collection of the fee 95 pursuant to s. 28.246. Upon the institution of any civil action, 96 suit, or proceeding in county court, the party shall pay the 97 following filing fee, not to exceed: 98 1. For all claims less than $100.....................$50. 99 2. For all claims of $100 or more but not more than 100 $500........................................................$75. 101 3. For all claims of more than $500 but not more than 102 $2,500.....................................................$170. 103 4. For all claims of more than $2,500 but not more than 104 $15,000....................................................$295. 105 5. For all claims more than $15,000.................$395. 106 6.5.In addition, for all proceedings of garnishment, 107 attachment, replevin, and distress..........................$85. 108 7.6.Notwithstanding subparagraphs 3. and 6.5., for all 109 claims of not more than $1,000 filed simultaneously with an 110 action for replevin of property that is the subject of the 111 claim......................................................$125. 112 8.7.For removal of tenant action...................$180. 113 114 The filing fee in subparagraph 7.6.is the total fee due under 115 this paragraph for that type of filing, and no other filing fee 116 under this paragraph may be assessed against such a filing. 117 (b) The first $15 of the filing fee collected under 118 subparagraph (a)4. and the first $10 of the filing fee collected 119 under subparagraph (a)8.subparagraph (a)7.shall be deposited 120 in the State Courts Revenue Trust Fund. By the 10th day of each 121 month, the clerk shall submit that portion of the fees collected 122 in the previous month which is in excess of one-twelfth of the 123 clerk’s total budget for the performance of court-related 124 functions to the Department of Revenue for deposit into the 125 Clerks of the Court Trust Fund. An additional filing fee of $4 126 shall be paid to the clerk. The clerk shall transfer $3.50 to 127 the Department of Revenue for deposit into the Court Education 128 Trust Fund and shall transfer 50 cents to the Department of 129 Revenue for deposit into the Administrative Trust Fund within 130 the Department of Financial Services to fund clerk education 131 provided by the Florida Clerks of Court Operations Corporation. 132 Postal charges incurred by the clerk of the county court in 133 making service by mail on defendants or other parties shall be 134 paid by the party at whose instance service is made. Except as 135 provided in this section, filing fees and service charges for 136 performing duties of the clerk relating to the county court 137 shall be as provided in ss. 28.24 and 28.241. Except as 138 otherwise provided in this section, all filing fees shall be 139 retained as fee income of the office of the clerk of the circuit 140 court. Filing fees imposed by this section may not be added to 141 any penalty imposed by chapter 316 or chapter 318. 142 (c) A party in addition to a party described in paragraph 143 (a) who files a pleading in an original civil action in the 144 county court for affirmative relief by cross-claim, 145 counterclaim, counterpetition, or third-party complaint, or who 146 files a notice of cross-appeal or notice of joinder or motion to 147 intervene as an appellant, cross-appellant, or petitioner, shall 148 pay the clerk of court a fee of $295 if the relief sought by the 149 party under this paragraph exceeds $2,500 but is not more than 150 $15,000 and $395 if the relief sought by the party under this 151 paragraph exceeds $15,000. The clerk shall remit the fee if the 152 relief sought by the party under this paragraph exceeds $2,500 153 but is not more than $15,000 to the Department of Revenue for 154 deposit into the General Revenue Fund. This fee does not apply 155 if the cross-claim, counterclaim, counterpetition, or third 156 party complaint requires transfer of the case from county to 157 circuit court. However, the party shall pay to the clerk the 158 standard filing fee for the court to which the case is to be 159 transferred. 160 (e) Of the first $200 in filing fees payable under 161 subparagraph (a)5., $195 must be remitted to the Department of 162 Revenue for deposit into the State Courts Revenue Trust Fund, $4 163 must be remitted to the Department of Revenue for deposit into 164 the Administrative Trust Fund within the Department of Financial 165 Services and used to fund the contract with the Florida Clerks 166 of Court Operations Corporation created in s. 28.35, and $1 must 167 be remitted to the Department of Revenue for deposit into the 168 Administrative Trust Fund within the Department of Financial 169 Services to fund audits of individual clerks’ court-related 170 expenditures conducted by the Department of Financial Services. 171 By the 10th day of each month, the clerk shall submit that 172 portion of the filing fees collected pursuant to this subsection 173 in the previous month which is in excess of one-twelfth of the 174 clerk’s total budget to the Department of Revenue for deposit 175 into the Clerks of the Court Trust Fund. 176 Section 4. Section 44.108, Florida Statutes, is amended to 177 read: 178 44.108 Funding of mediation and arbitration.— 179 (1) Mediation and arbitration should be accessible to all 180 parties regardless of financial status. A filing fee of $1 is 181 levied on all proceedings in the circuit or county courts to 182 fund mediation and arbitration services which are the 183 responsibility of the Supreme Court pursuant to the provisions 184 of s. 44.106. However, the filing fee may not be levied upon an 185 appeal from the county court to the circuit court for a claim 186 that is greater than $15,000. The clerk of the court shall 187 forward the moneys collected to the Department of Revenue for 188 deposit in the State Courts Revenue Trust Fund. 189 (2) When court-ordered mediation services are provided by a 190 circuit court’s mediation program, the following fees, unless 191 otherwise established in the General Appropriations Act, shall 192 be collected by the clerk of court: 193 (a) One-hundred twenty dollars per person per scheduled 194 session in family mediation when the parties’ combined income is 195 greater than $50,000, but less than $100,000 per year; 196 (b) Sixty dollars per person per scheduled session in 197 family mediation when the parties’ combined income is less than 198 $50,000; or 199 (c) Sixty dollars per person per scheduled session in 200 county court cases involving an amount in controversy not 201 exceeding $15,000. 202 203 No mediation fees shall be assessed under this subsection in 204 residential eviction cases, against a party found to be 205 indigent, or for any small claims action. Fees collected by the 206 clerk of court pursuant to this section shall be remitted to the 207 Department of Revenue for deposit into the State Courts Revenue 208 Trust Fund to fund court-ordered mediation. The clerk of court 209 may deduct $1 per fee assessment for processing this fee. The 210 clerk of the court shall submit to the chief judge of the 211 circuit and to the Office of the State Courts Administrator, no 212 later than 30 days after the end of each quarter of the fiscal 213 year, a report specifying the amount of funds collected and 214 remitted to the State Courts Revenue Trust Fund under this 215 section and any other section during the previous quarter of the 216 fiscal year. In addition to identifying the total aggregate 217 collections and remissions from all statutory sources, the 218 report must identify collections and remissions by each 219 statutory source. 220 Section 5. Section 45.21, Florida Statutes, is created to 221 read: 222 45.21 Reasonableness of amount in controversy; procedures.— 223 (1) In any civil action in which the court’s jurisdiction 224 is dependent on the amount in controversy, the defendant may, as 225 a matter of right, demand proof of the reasonableness of the 226 amount in controversy within 30 days after the complaint is 227 filed. The defendant need not offer any evidence or argument to 228 support the demand. 229 (2) A demand pursuant to subsection (1) is deemed a 230 responsive pleading for purposes of the rules of procedure and 231 the following procedures shall apply: 232 (a) The court must promptly hold a hearing to determine 233 whether the amount in controversy as alleged in the complaint is 234 reasonable. 235 (b) At the hearing, the plaintiff must demonstrate, by a 236 preponderance of the evidence, a reasonable likelihood of 237 recovering at least the amount alleged in the complaint. 238 (c) If the court finds that the plaintiff has not made the 239 showing as required in paragraph (b), the court must transfer 240 the matter to the appropriate court. 241 Section 6. The amendments to the jurisdiction of a court 242 made by this act shall apply with respect to the date of filing 243 the cause of action, regardless of when the cause of action 244 accrued. 245 Section 7. This act shall take effect July 1, 2019.