THE BILL ITSELF
CS/HB 759
Court Fees
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A bill to be entitled
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An act relating to court fees; amending s. 28.24,
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F.S.; increasing the service charges a clerk of the
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circuit court charges for certain services rendered by
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the clerk's office; requiring the Office of Economic
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and Demographic Research to prepare a certain report;
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requiring such report to be submitted to the
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Legislature within a specified time frame; amending s.
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28.2401, F.S.; increasing certain filing fees and
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service charges that may be charged by the clerk in
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probate matters; requiring the Office of Economic and
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Demographic Research to prepare a certain report;
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requiring such report to be submitted to the
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Legislature within a specified time frame; amending s.
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28.241, F.S.; increasing certain filing fees and
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service charges in trial and appellate proceedings;
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requiring the Office of Economic and Demographic
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Research to prepare a certain report; requiring such
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report to be submitted to the Legislature within a
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specified time frame; amending s. 34.041, F.S.;
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increasing certain filing fees and service charges for
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civil actions, suits, or proceedings in county court;
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deleting provisions requiring clerks to submit
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portions of fees collected to the Department of
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Revenue for deposit into the Clerks of the Court Trust
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Fund; revising the distribution formula for additional
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filing fees; requiring the Office of Economic and
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Demographic Research to prepare a certain report;
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requiring such report to be submitted to the
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Legislature within a specified time frame; amending s.
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45.035, F.S.; increasing the service charge the clerk
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is entitled to for disbursement of surplus proceeds
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for certain judicial sales procedures; requiring the
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Office of Economic and Demographic Research to prepare
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a certain report; requiring such report to be
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submitted to the Legislature within a specified time
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frame; amending s. 721.83, F.S.; increasing the filing
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fee for additional timeshare interests joining a
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consolidated timeshare foreclosure action; requiring
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the Office of Economic and Demographic Research to
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prepare a certain report; requiring such fees and
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charges to be rounded to a specified amount; requiring
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such report to be submitted to the Legislature within
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a specified time frame; amending s. 744.3678, F.S.;
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increasing the fee a clerk of the circuit court may
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charge for auditing of the return of ward's estate;
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requiring the Office of Economic and Demographic
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Research to prepare a certain report; requiring such
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report to be submitted to the Legislature within a
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specified time frame; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (2) and (3), paragraph (a) of subsection (5), paragraph (a) of subsection (9), paragraph (b)
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of subsection (11), paragraph (a) of subsection (14), paragraph
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(a) of subsection (15), subsection (17), paragraph (a) of
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subsection (18), subsection (19), paragraph (a) of subsection
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(20), paragraph (a) of subsection (21), and subsection (26) of
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section 28.24, Florida Statutes, are amended, and subsection
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(30) is added to that section, to read:
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28.24 Service charges.—The clerk of the circuit court
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shall charge for services rendered manually or electronically by
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the clerk's office in recording documents and instruments and in
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performing other specified duties. These charges may not exceed
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those specified in this section, except as provided in s.
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28.345.
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(2) For examining, comparing, correcting, verifying, and
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certifying transcripts of record in appellate proceedings,
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prepared by attorney for appellant or someone else other than
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clerk, per page: 6.00 5.00, from which the clerk shall remit
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0.50 per page to the Department of Revenue for deposit into the
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General Revenue Fund.
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(3) For preparing, numbering, and indexing an original
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record of appellate proceedings, per instrument: 4.00 3.50, from
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which the clerk shall remit 0.50 per instrument to the
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Department of Revenue for deposit into the General Revenue Fund.
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(5)(a) For verifying any instrument presented for
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certification prepared by someone other than clerk, per page:
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4.00 3.50, from which the clerk shall remit 0.50 per page to the
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Department of Revenue for deposit into the General Revenue Fund.
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(9)(a) For writing any paper that is a court record other
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than a paper otherwise specifically mentioned in this section,
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including signing and sealing: 8.00 7.00, from which the clerk
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shall remit 1.00 to the Department of Revenue for deposit into
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the General Revenue Fund.
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(11) For receiving money into the registry of court:
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(b) Eminent domain actions, per deposit: 200.00 170.00,
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from which the clerk shall remit 20.00 per deposit to the
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Department of Revenue for deposit into the General Revenue Fund.
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(14)(a) Oath, administering, attesting, and sealing of
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court records not otherwise provided for in this section: 4.00
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3.50, from which the clerk shall remit 0.50 to the Department of
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Revenue for deposit into the General Revenue Fund.
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(15)(a) For validating certificates or any authorized
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bonds that are court records, each: 4.00 3.50, from which the
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clerk shall remit 0.50 each to the Department of Revenue for
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deposit into the General Revenue Fund.
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(17) For exemplified certificates, including the signing
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and sealing of them: 8.00 7.00, from which the clerk shall remit
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1.00 to the Department of Revenue for deposit into the General
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Revenue Fund.
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(18)(a) For authenticated certificates that are court
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records, including the signing and sealing of them: 8.00 7.00,
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from which the clerk shall remit 1.00 to the Department of
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Revenue for deposit into the General Revenue Fund.
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(19)(a) For issuing and filing a subpoena for a witness,
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not otherwise provided for in this section, including the
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writing, preparing, signing, and sealing of it: 8.00 7.00, from
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which the clerk shall remit 1.00 to the Department of Revenue
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for deposit into the General Revenue Fund.
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(b) For signing and sealing only: 3.00 2.00, from which
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the clerk shall remit 0.50 to the Department of Revenue for
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deposit into the General Revenue Fund.
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(20)(a) For approving a court bond: 10.00 8.50, from which
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the clerk shall remit 1.00 to the Department of Revenue for
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deposit into the General Revenue Fund.
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(21)(a) For searching court records, for each year's
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search: 3.00 2.00, from which the clerk shall remit 0.50 for
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each year's search to the Department of Revenue for deposit into
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the General Revenue Fund.
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(26) For sealing any court file or expungement of any
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record: 50.00 42.00, from which the clerk shall remit 4.50 to
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the Department of Revenue for deposit into the General Revenue
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Fund.
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(30) By January 1, 2030, and every 3 years thereafter, the
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Office of Economic and Demographic Research shall prepare a
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report that includes recommendations for increasing the service
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charges in this section according to the percentage change in
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the Consumer Price Index. The service charges must be rounded to
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the nearest $1. The Office of Economic and Demographic Research
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shall submit the report to the President of the Senate and the
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Speaker of the House of Representatives before the start of the
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next regularly scheduled session of the Legislature.
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Section 2. Paragraphs (a), (c), (d), and (g) of subsection
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(1) of section 28.2401, Florida Statutes, are amended, and
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subsection (5) is added to that section, to read:
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28.2401 Service charges and filing fees in probate
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matters.—
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(1) Except when otherwise provided, the clerk may impose
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service charges or filing fees for the following services or
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filings, not to exceed the following amounts:
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(a) Fee for the opening of any estate of one document or
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more, including, but not limited to, petitions and orders to
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approve settlement of minor's claims; to open a safe-deposit
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box; to enter rooms and places; for the determination of heirs,
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if not formal administration; and for a foreign guardian to
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manage property of a nonresident; but not to include issuance of
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letters or order of summary administration.........$275 $230
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(c) Fee for petition and order to admit foreign wills,
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authenticated copies, exemplified copies, or transcript to
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record............................................ $275 $230
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(d) Fee for disposition of personal property without
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administration.....................................$275 $230
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(g) Fee for formal administration, guardianship,
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ancillary, curatorship, or conservatorship proceedings$470 $395
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The clerk shall remit $115 of each filing fee collected under
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paragraphs (a), (c)-(i), and (k) to the Department of Revenue
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for deposit into the State Courts Revenue Trust Fund.
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(5) By January 1, 2030, and every 3 years thereafter, the
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Office of Economic and Demographic Research shall prepare a
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report that includes recommendations for increasing the filing
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fees in this section according to the percentage change in the
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Consumer Price Index. The filing fees must be rounded to the
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nearest $5. The Office of Economic and Demographic Research
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shall submit the report to the President of the Senate and the
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Speaker of the House of Representatives before the start of the
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next regularly scheduled session of the Legislature.
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Section 3. Present subsection (7) of section 28.241,
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Florida Statutes, is redesignated as subsection (8), a new
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subsection (7) is added to that section, and subsections (1) and
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(2) of that section are amended, to read:
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28.241 Filing fees for trial and appellate proceedings.—
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(1) Filing fees are due at the time a party files a
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pleading to initiate a proceeding or files a pleading for
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relief. Reopen fees are due at the time a party files a pleading
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to reopen a proceeding if at least 90 days have elapsed since
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the filing of a final order or final judgment with the clerk. If
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a fee is not paid upon the filing of the pleading as required
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under this section, the clerk must shall pursue collection of
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the fee pursuant to s. 28.246.
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(a)1.a. Except as provided in sub-subparagraph b. and
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subparagraph 2., the party instituting any civil action, suit,
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or proceeding in the circuit court must shall pay to the clerk
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of that court a filing fee of up to $460 $395 in all cases in
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which there are not more than five defendants and an additional
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filing fee of up to $5 $2.50, from which the clerk shall remit
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$0.50 to the Department of Revenue for deposit into the General
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Revenue Fund, for each defendant in excess of five. Of the first
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$200 in filing fees, $195 must be remitted to the Department of
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Revenue for deposit into the State Courts Revenue Trust Fund, $4
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must be remitted to the Department of Revenue for deposit into
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the Administrative Trust Fund within the Department of Financial
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Services and used to fund the contract with the Florida Clerks
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of Court Operations Corporation created in s. 28.35, and $1 must
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be remitted to the Department of Revenue for deposit into the
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Administrative Trust Fund within the Department of Financial
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Services to fund audits of individual clerks' court-related
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expenditures conducted by the Department of Financial Services.
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b. The party instituting any civil action, suit, or
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proceeding in the circuit court under chapter 39, chapter 61,
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chapter 741, chapter 742, chapter 747, chapter 752, or chapter
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753 shall pay to the clerk of that court a filing fee of up to
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$345 $295 in all cases in which there are not more than five
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defendants and an additional filing fee of up to $5 $2.50 for
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each defendant in excess of five. Of the first $100 in filing
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fees, $95 must be remitted to the Department of Revenue for
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deposit into the State Courts Revenue Trust Fund, $4 must be
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remitted to the Department of Revenue for deposit into the
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Administrative Trust Fund within the Department of Financial
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Services and used to fund the contract with the Florida Clerks
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of Court Operations Corporation created in s. 28.35, and $1 must
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be remitted to the Department of Revenue for deposit into the
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Administrative Trust Fund within the Department of Financial
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Services to fund audits of individual clerks' court-related
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expenditures conducted by the Department of Financial Services.
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c. An additional filing fee of $5 $4 shall be paid to the
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clerk. The clerk shall remit $3.50 to the Department of Revenue
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for deposit into the Court Education Trust Fund and shall remit
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$1.50 50 cents to the Department of Revenue for deposit into the
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Administrative Trust Fund within the Department of Financial
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Services to fund clerk education provided by the Florida Clerks
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of Court Operations Corporation. An additional filing fee of up
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to $18 must shall be paid by the party seeking each severance
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that is granted, from which the clerk shall remit $3 to the
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Department of Revenue for deposit into the General Revenue Fund.
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The clerk may impose an additional filing fee of up to $85, from
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which the clerk shall remit $10 to the Department of Revenue for
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deposit into the General Revenue Fund, for all proceedings of
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garnishment, attachment, replevin, and distress. Postal charges
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incurred by the clerk of the circuit court in making service by
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certified or registered mail on defendants or other parties must
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shall be paid by the party at whose instance service is made.
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Additional fees, charges, or costs may not be added to the
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filing fees imposed under this section, except as authorized in
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this section or by general law.
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2.a. Notwithstanding the fees prescribed in subparagraph
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1., a party instituting a civil action in circuit court relating
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to real property or mortgage foreclosure must shall pay a
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graduated filing fee based on the value of the claim.
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b. A party must shall estimate in writing the amount in
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controversy of the claim upon filing the action. For purposes of
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this subparagraph, the value of a mortgage foreclosure action is
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based upon the principal due on the note secured by the
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mortgage, plus interest owed on the note and any moneys advanced
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by the lender for property taxes, insurance, and other advances
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secured by the mortgage, at the time of filing the foreclosure.
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The value must shall also include the value of any tax
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certificates related to the property. In stating the value of a
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mortgage foreclosure claim, a party must shall declare in
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writing the total value of the claim, as well as the individual
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elements of the value as prescribed in this sub-subparagraph.
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c. In its order providing for the final disposition of the
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matter, the court shall identify the actual value of the claim.
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The clerk must shall adjust the filing fee if there is a
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difference between the estimated amount in controversy and the
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actual value of the claim and collect any additional filing fee
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owed or provide a refund of excess filing fee paid.
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d. The party must shall pay a filing fee of:
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(I) Four hundred and seventy Three hundred and ninety-five
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dollars in all cases in which the value of the claim is $50,000
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or less and in which there are not more than five defendants.
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The party must shall pay an additional filing fee of up to $5
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$2.50 for each defendant in excess of five. Of the first $200 in
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filing fees, $195 must be remitted by the clerk to the
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Department of Revenue for deposit into the General Revenue Fund,
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$4 must be remitted to the Department of Revenue for deposit
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into the Administrative Trust Fund within the Department of
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Financial Services and used to fund the contract with the
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Florida Clerks of Court Operations Corporation created in s.
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28.35, and $1 must be remitted to the Department of Revenue for
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deposit into the Administrative Trust Fund within the Department
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of Financial Services to fund audits of individual clerks'
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court-related expenditures conducted by the Department of
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Financial Services;
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(II) One thousand and seventy Nine hundred dollars in all
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cases in which the value of the claim is more than $50,000 but
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less than $250,000 and in which there are not more than five
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defendants. The party must shall pay an additional filing fee of
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up to $5 $2.50 for each defendant in excess of five. Of the
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first $355 in filing fees, $350 must be remitted by the clerk to
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the Department of Revenue for deposit into the General Revenue
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Fund, $4 must be remitted to the Department of Revenue for
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deposit into the Administrative Trust Fund within the Department
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of Financial Services and used to fund the contract with the
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Florida Clerks of Court Operations Corporation created in s.
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28.35, and $1 must be remitted to the Department of Revenue for
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deposit into the Administrative Trust Fund within the Department
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of Financial Services to fund audits of individual clerks'
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court-related expenditures conducted by the Department of
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Financial Services; or
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(III) Two thousand two hundred and sixty One thousand nine
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hundred dollars in all cases in which the value of the claim is
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$250,000 or more and in which there are not more than five
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defendants. The party must shall pay an additional filing fee of
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up to $5 $2.50 for each defendant in excess of five. Of the
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first $1,705 in filing fees, $930 must be remitted by the clerk
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to the Department of Revenue for deposit into the General
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Revenue Fund, $770 must be remitted to the Department of Revenue
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for deposit into the State Courts Revenue Trust Fund, $4 must be
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remitted to the Department of Revenue for deposit into the
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Administrative Trust Fund within the Department of Financial
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Services to fund the contract with the Florida Clerks of Court
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Operations Corporation created in s. 28.35, and $1 must be
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remitted to the Department of Revenue for deposit into the
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Administrative Trust Fund within the Department of Financial
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Services to fund audits of individual clerks' court-related
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expenditures conducted by the Department of Financial Services.
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e. An additional filing fee of $5 must $4 shall be paid to
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the clerk. The clerk shall remit $3.50 to the Department of
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Revenue for deposit into the Court Education Trust Fund and
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shall remit $1.50 50 cents to the Department of Revenue for
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deposit into the Administrative Trust Fund within the Department
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of Financial Services to fund clerk education provided by the
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Florida Clerks of Court Operations Corporation. An additional
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filing fee of up to $18 must shall be paid by the party seeking
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each severance that is granted. The clerk may impose an
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additional filing fee of up to $85 for all proceedings of
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garnishment, attachment, replevin, and distress. Postal charges
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incurred by the clerk of the circuit court in making service by
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certified or registered mail on defendants or other parties must
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shall be paid by the party at whose instance service is made.
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Additional fees, charges, or costs may not be added to the
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filing fees imposed under this section, except as authorized in
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this section or by general law.
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(b) A party reopening any civil action, suit, or
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proceeding in the circuit court must shall pay to the clerk of
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court a filing fee set by the clerk in an amount not to exceed
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$60 $50. For purposes of this section, a case is reopened after
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all appeals have been exhausted or time to file an appeal from a
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final order or final judgment has expired. A reopen fee may be
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assessed by the clerk for any motion filed by any party at least
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90 days after a final order or final judgment has been filed
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with the clerk in the initial case. A reservation of
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jurisdiction by a court does not cause a case to remain open for
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purposes of this section or exempt a party from paying a reopen
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fee. A party is exempt from paying the fee for any of the
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following:
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1. A writ of garnishment;
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2. A writ of replevin;
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3. A distress writ;
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4. A writ of attachment;
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5. A motion for rehearing filed within 10 days;
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6. A motion for attorney's fees filed within 30 days after
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entry of a judgment or final order;
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7. A motion for dismissal filed after a mediation
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agreement has been filed;
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8. A disposition of personal property without
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administration;
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9. Any probate case prior to the discharge of a personal
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representative;
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10. Any guardianship pleading prior to discharge;
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11. Any mental health pleading;
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12. Motions to withdraw by attorneys;
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13. Motions exclusively for the enforcement of child
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support orders;
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14. A petition for credit of child support;
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15. A Notice of Intent to Relocate and any order issuing
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as a result of an uncontested relocation;
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16. Stipulations and motions to enforce stipulations;
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17. Responsive pleadings;
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18. Cases in which there is no initial filing fee; or
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19. Motions for contempt.
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(c)1. A party in addition to a party described in sub-
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subparagraph (a)1.a. who files a pleading in an original civil
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action in circuit court for affirmative relief by cross-claim,
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counterclaim, counterpetition, or third-party complaint must
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shall pay the clerk of court a fee of $470 $395. A party in
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addition to a party described in sub-subparagraph (a)1.b. who
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files a pleading in an original civil action in circuit court
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for affirmative relief by cross-claim, counterclaim,
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counterpetition, or third-party complaint must shall pay the
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clerk of court a fee of $350 $295. The clerk shall deposit the
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fee into the fine and forfeiture fund established pursuant to s.
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142.01.
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2. A party in addition to a party described in
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subparagraph (a)2. who files a pleading in an original civil
379
action in circuit court for affirmative relief by cross-claim,
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counterclaim, counterpetition, or third-party complaint must
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shall pay the clerk of court a graduated fee of:
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a. Four hundred and seventy Three hundred and ninety-five
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dollars in all cases in which the value of the pleading is
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$50,000 or less;
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b. One thousand and seventy Nine hundred dollars in all
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cases in which the value of the pleading is more than $50,000
387
but less than $250,000; or
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c. Two thousand two hundred sixty One thousand nine
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hundred dollars in all cases in which the value of the pleading
390
is $250,000 or more.
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The clerk shall deposit the fees collected under this
393
subparagraph into the fine and forfeiture fund established
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pursuant to s. 142.01.
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(d) The clerk of court shall collect a service charge of
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$15 $10 for issuing an original, a certified copy, or an
397
electronic certified copy of a summons, which the clerk shall
398
deposit into the fine and forfeiture fund established pursuant
399
to s. 142.01. The clerk shall assess the fee against the party
400
seeking to have the summons issued.
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(2) Upon the institution of any appellate proceeding from
402
any lower court to the circuit court of any such county,
403
including appeals filed by a county or municipality as provided
404
in s. 34.041(5), or from the county or circuit court to an
405
appellate court of the state, the clerk shall charge and collect
406
from the party or parties instituting such appellate proceedings
407
a filing fee, as follows:
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(a) For filing a notice of appeal from the county court to
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the circuit court, a filing fee not to exceed $280.
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(b) For filing a notice of appeal from the county or
411
circuit court to the district court of appeal or to the Supreme
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Court, in addition to the filing fee required under s. 25.241 or
413
s. 35.22, a filing fee not to exceed $115 $100, of which the
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clerk shall remit $20 to the Department of Revenue for deposit
415
into the General Revenue Fund. If the party is determined to be
416
indigent, the clerk must shall defer payment of the fee
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otherwise required by this subsection.
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(7) By January 1, 2030, and every 3 years thereafter, the
419
Office of Economic and Demographic Research shall prepare a
420
report that includes recommendations for increasing the filing
421
fees and service charges in this section according to the
422
percentage change in the Consumer Price Index. The filing fees
423
and service charges must be rounded to the nearest $5. The
424
Office of Economic and Demographic Research shall submit the
425
report to the President of the Senate and the Speaker of the
426
House of Representatives before the start of the next regularly
427
scheduled session of the Legislature.
428
Section 4. Paragraphs (a), (b), (d), and (e) of subsection
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(1) and subsection (2) of section 34.041, Florida Statutes, are amended, and subsection (9) is added to that section, to read:
431
34.041 Filing fees.—
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(1)(a) Filing fees are due at the time a party files a
433
pleading to initiate a proceeding or files a pleading for
434
relief. Reopen fees are due at the time a party files a pleading
435
to reopen a proceeding if at least 90 days have elapsed since
436
the filing of a final order or final judgment with the clerk. If
437
a fee is not paid upon the filing of the pleading as required
438
under this section, the clerk must shall pursue collection of
439
the fee pursuant to s. 28.246. Upon the institution of any civil
440
action, suit, or proceeding in county court, the party must
441
shall pay the following filing fee, not to exceed:
442
1. For all claims less than $100..................$50.
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2. For all claims of $100 or more but not more than $500
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$75.
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3. For all claims of more than $500 but not more than
446
$2,500: $170, from which the clerk shall remit $20 to the
447
Department of Revenue for deposit into the General Revenue Fund.
448
4. For all claims of more than $2,500 but not more than
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$15,000................................................$295.
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5. For all claims more than $15,000.........$460 $395.
451
6. In addition, for all proceedings of garnishment,
452
attachment, replevin, and distress: $85, from which the clerk
453
shall remit $10 to the Department of Revenue for deposit into
454
the General Revenue Fund.
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7. Notwithstanding subparagraphs 3. and 6., for all claims
456
of not more than $1,000 filed simultaneously with an action for
457
replevin of property that is the subject of the claim..$125.
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8. For removal of tenant action..................$180.
460
The filing fee in subparagraph 7. is the total fee due under
461
this paragraph for that type of filing, and no other filing fee
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under this paragraph may be assessed against such a filing.
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(b) The first $15 of the filing fee collected under
464
subparagraph (a)4. and the first $10 of the filing fee collected
465
under subparagraph (a)8. must shall be deposited in the State
466
Courts Revenue Trust Fund. By the 10th day of each month, the
467
clerk shall submit that portion of the fees collected in the
468
previous month which is in excess of one-twelfth of the clerk's
469
total budget for the performance of court-related functions to
470
the Department of Revenue for deposit into the Clerks of the
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Court Trust Fund. An additional filing fee of $5 must $4 shall
472
be paid to the clerk. The clerk shall transfer $3.50 to the
473
Department of Revenue for deposit into the Court Education Trust
474
Fund and shall transfer $1.50 50 cents to the Department of
475
Revenue for deposit into the Administrative Trust Fund within
476
the Department of Financial Services to fund clerk education
477
provided by the Florida Clerks of Court Operations Corporation.
478
Postal charges incurred by the clerk of the county court in
479
making service by mail on defendants or other parties must shall
480
be paid by the party at whose instance service is made. Except
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as provided in this section, filing fees and service charges for
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performing duties of the clerk relating to the county court are
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shall be as provided in ss. 28.24 and 28.241. Except as
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otherwise provided in this section, all filing fees must shall
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be retained as fee income of the office of the clerk of the
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circuit court. Filing fees imposed by this section may not be
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added to any penalty imposed by chapter 316 or chapter 318.
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(d) The clerk of court shall collect a service charge of
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$15 $10 for issuing a summons or an electronic certified copy of
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a summons, which the clerk shall deposit into the fine and
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forfeiture fund established pursuant to s. 142.01. The clerk
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shall assess the fee against the party seeking to have the
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summons issued.
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(e) Of the first $200 in filing fees payable under
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subparagraph (a)5., $195 must be remitted to the Department of
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Revenue for deposit into the State Courts Revenue Trust Fund, $4
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must be remitted to the Department of Revenue for deposit into
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the Administrative Trust Fund within the Department of Financial
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Services and used to fund the contract with the Florida Clerks
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of Court Operations Corporation created in s. 28.35, and $1 must
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be remitted to the Department of Revenue for deposit into the
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Administrative Trust Fund within the Department of Financial
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Services to fund audits of individual clerks' court-related
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expenditures conducted by the Department of Financial Services.
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By the 10th day of each month, the clerk shall submit that
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portion of the filing fees collected pursuant to this subsection
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in the previous month which is in excess of one-twelfth of the
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clerk's total budget to the Department of Revenue for deposit
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into the Clerks of the Court Trust Fund.
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(2) A party reopening any civil action, suit, or
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proceeding in the county court must shall pay to the clerk of
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court a filing fee set by the clerk in an amount not to exceed
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$30 $25 for all claims of not more than $500 and an amount not
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to exceed $60 $50 for all claims of more than $500. For purposes
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of this section, a case is reopened after all appeals have been
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exhausted, or time to file an appeal from a final order or final
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judgment has expired. A reopen fee may be assessed by the clerk
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for any motion filed by any party at least 90 days after a final
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order or final judgment has been filed with the clerk in the
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initial case. A reservation of jurisdiction by a court does not
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cause a case to remain open for purposes of this section or
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exempt a party from paying a reopen fee. A party is exempt from
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paying the fee for any of the following:
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(a) A writ of garnishment;
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(b) A writ of replevin;
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(c) A distress writ;
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(d) A writ of attachment;
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(e) A motion for rehearing filed within 10 days;
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(f) A motion for attorney's fees filed within 30 days of
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the entry of the judgment or final order;
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(g) A motion for dismissal filed after a mediation
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agreement has been filed;
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(h) A motion to withdraw by attorneys;
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(i) Stipulations and motions to enforce stipulations;
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(j) Responsive pleadings; or
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(k) Motions for contempt.
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(9) By January 1, 2030, and every 3 years thereafter, the
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Office of Economic and Demographic Research shall prepare a
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report that includes recommendations for increasing the filing
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fees and service charges in this section according to the
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percentage change in the Consumer Price Index. The filing fees
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and service charges must be rounded to the nearest $5. The
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Office of Economic and Demographic Research shall submit the
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report to the President of the Senate and the Speaker of the
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House of Representatives before the start of the next regularly
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scheduled session of the Legislature.
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Section 5. Paragraph (b) of subsection (2) of section
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45.035, Florida Statutes, is amended and subsection (4) is added
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to that section, to read:
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45.035 Clerk's fees.—In addition to other fees or service
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charges authorized by law, the clerk shall receive service
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charges related to the judicial sales procedure set forth in ss.
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45.031-45.033 and this section:
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(2) If there is a surplus resulting from the sale, the
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clerk may receive the following service charges, which shall be
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deducted from the surplus:
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(b) The clerk is entitled to a service charge of $20 $15
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for each disbursement of surplus proceeds, from which the clerk
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shall remit $5 to the Department of Revenue for deposit into the
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General Revenue Fund.
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(4) By January 1, 2030, and every 3 years thereafter, the
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Office of Economic and Demographic Research shall prepare a
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report that includes recommendations for increasing the service
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charges in this section according to the percentage change in
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the Consumer Price Index. The service charges must be rounded to
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the nearest $5. The Office of Economic and Demographic Research
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shall submit the report to the President of the Senate and the
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Speaker of the House of Representatives before the start of the
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next regularly scheduled session of the Legislature.
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Section 6. Subsection (3) of section 721.83, Florida
571
Statutes, is amended to read:
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721.83 Consolidation of judicial foreclosure actions.—
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(3)(a) A consolidated timeshare foreclosure action is
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shall be considered a single action, suit, or proceeding for the
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payment of filing fees and service charges pursuant to general
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law. In addition to the payment of such filing fees and service
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charges, an additional filing fee of up to $15 $10, from which
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the clerk shall remit $5 to the Department of Revenue for
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deposit into the General Revenue Fund, for each timeshare
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interest joined in that action must shall be paid to the clerk
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of court.
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(b) By January 1, 2030, and every 3 years thereafter, the
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Office of Economic and Demographic Research shall prepare a
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report that includes recommendations for increasing the filing
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fees in this section according to the percentage change in the
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Consumer Price Index. The filing fees must be rounded to the
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nearest $5. The Office of Economic and Demographic Research
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shall submit the report to the President of the Senate and the
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Speaker of the House of Representatives before the start of the
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next regularly scheduled session of the Legislature.
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Section 7. Present subsection (5) of section 744.3678,
592
Florida Statutes, is redesignated as subsection (6), a new
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subsection (5) is added to that section, and subsection (4) of
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that section is amended, to read:
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744.3678 Annual accounting.—
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(4) The guardian shall pay from the ward's estate to the
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clerk of the circuit court a fee based upon the following
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graduated fee schedule, upon the filing of the annual financial
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return, for the auditing of the return:
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(a) For estates with a value of $25,000 or less the clerk
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of the court may charge a fee of up to $25 $20, from which the
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clerk shall remit $5 to the Department of Revenue for deposit
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into the General Revenue Fund.
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(b) For estates with a value of more than $25,000 up to
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and including $100,000 the clerk of the court may charge a fee
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of up to $100 $85, from which the clerk shall remit $10 to the
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Department of Revenue for deposit into the General Revenue Fund.
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(c) For estates with a value of more than $100,000 up to
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and including $500,000 the clerk of the court may charge a fee
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of up to $200 $170, from which the clerk shall remit $20 to the
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Department of Revenue for deposit into the General Revenue Fund.
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(d) For estates with a value in excess of $500,000 the
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clerk of the court may charge a fee of up to $295 $250, from
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which the clerk shall remit $25 to the Department of Revenue for
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deposit into the General Revenue Fund.
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Upon petition by the guardian, the court may waive the auditing
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fee upon a showing of insufficient funds in the ward's estate.
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Any guardian unable to pay the auditing fee may petition the
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court for a waiver of the fee. The court may waive the fee after
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it has reviewed the documentation filed by the guardian in
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support of the waiver.
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(5) By January 1, 2030, and every 3 years thereafter, the
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Office of Economic and Demographic Research shall prepare a
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report that includes recommendations for increasing the fees in
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this section according to the percentage change in the Consumer
627
Price Index. The fees must be rounded to the nearest $5. The
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Office of Economic and Demographic Research shall submit the
629
report to the President of the Senate and the Speaker of the
630
House of Representatives before the start of the next regularly
631
scheduled session of the Legislature.
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Section 8. This act shall take effect July 1, 2026.