SESSION WATCH
Died HOUSE · SESSION 2026

No. CS/HB 759

Court Fees
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SPONSOR
Justice Budget Subcommittee; Smith
FILED BY
David Smith — District 38, Republican [search donations]
EFFECTIVE
7/1/2026
DIED IN
Rules

Filed under Legal.

PROVIDED SUMMARY

Court Fees; Increases service charges clerk of circuit court charges for certain services rendered by clerk's office; increases certain filing fees & service charges that may be charged by clerk in probate matters; increases certain filing fees & service charges in trial & appellate proceedings; increases certain filing fees & service charges for civil actions, suits, or proceedings in county court; revises distribution formula for additional filing fees; increases service charge clerk is entitled to for disbursement of surplus proceeds for certain judicial sales procedures; increases filing fee for additional timeshare interests joining consolidated timeshare foreclosure action; increases fee clerk of circuit court may charge for auditing of return of ward's estate; requires Office of Economic & Demographic Research to prepare certain report; requires such report to be submitted to Legislature.

Full bill text →

Plain English Summary

AI-GENERATED
Raises court filing fees and mandates recurring CPI-based increases.

Circuit court filing fees for most civil cases rise from $395 to $460. Real property and foreclosure claims under $50,000 increase from $395 to $470. Probate formal administration fees also jump to $470.

County court claims over $15,000 now carry a $460 maximum filing fee. Clerk service charges, such as sealing a court file, increase from $42 to $50. These changes apply to all new filings after the effective date.

The bill repeals the requirement for clerks to remit monthly fee collections exceeding one-twelfth of their budget to the state trust fund. This allows local clerks to retain more collected revenue for their own operations.

The Office of Economic and Demographic Research must recommend fee increases every three years based on the Consumer Price Index. This creates a recurring mechanism for automatic cost growth without new legislative action.

KEY PROVISIONS
§ 1 Circuit Court Filing Fees Increased majors. 28.241(1)(a)

AIIncreases the base filing fee for most civil actions in circuit court from $395 to $460, and for specific statutory categories from $295 to $345.

“a filing fee of up to $460 in all cases in which there are not more than five defendants”
§ 2 Real Property and Foreclosure Filing Fees Increased majors. 28.241(1)(a)

AIRaises the graduated filing fees for real property and mortgage foreclosure actions, increasing the base fee for claims under $50,000 from $395 to $470.

“Four hundred and seventy dollars in all cases in which the value of the claim is $50,000 or less”
§ 3 Probate Filing Fees Increased majors. 28.2401(1)(g)

AIIncreases the filing fee for formal administration, guardianship, and related proceedings from $395 to $470.

“Fee for formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings$470” bill text, line 155 →
§ 4 CPI-Linked Fee Escalation Mandate majors. 45.035(2)(b)

AIRequires the Office of Economic and Demographic Research to recommend fee increases every three years based on the Consumer Price Index, creating a recurring mechanism for automatic cost growth.

“recommendations for increasing the service charges in this section according to the percentage change in the Consumer Price Index” bill text, line 128 →
§ 5 County Court Filing Fees Increased moderates. 34.041(1)(a)

AIRaises the maximum filing fee for county court claims over $15,000 from $395 to $460.

“For all claims more than $15,000.........$460” bill text, line 450 →
§ 6 Clerk Service Charges Increased moderates. 28.24(2)(26)

AIIncreases various clerk service charges, including the fee for sealing a court file or expunging a record from $42 to $50.

“For sealing any court file or expungement of any record: $50.00”
§ 7 Clerk Trust Fund Remittances Repealed moderates. 34.041(1)(b)

AIRepeals the requirement for clerks to submit monthly fee collections exceeding one-twelfth of their budget to the Clerks of the Court Trust Fund.

“By the 10th day of each month, the clerk shall submit that portion of the fees collected in the previous month which is in excess of one-twelfth of the clerk's total budget for the” bill text, line 466 →
§ 8 CPI-Linked Fee Adjustments Required moderates. 28.24(2)(30)

AIRequires the Office of Economic and Demographic Research to prepare a report every three years recommending fee increases based on the Consumer Price Index.

“By January 1, 2030, and every 3 years thereafter, the Office of Economic and Demographic Research shall prepare a report that includes recommendations for increasing the service” bill text, line 126 →
TIMELINE
3/13/2026
Died in Rules
2/26/2026
Received
2/26/2026
Referred to Rules
2/25/2026
In Messages
2/25/2026
CS passed; YEAS 114, NAYS 0
2/25/2026
Read 3rd time
2/25/2026
Added to Third Reading Calendar
2/25/2026
Read 2nd time
2/19/2026
Bill added to Special Order Calendar (2/25/2026)
2/10/2026
Added to Second Reading Calendar
2/10/2026
Bill released to House Calendar
2/10/2026
Reported out of Judiciary Committee
2/10/2026
Favorable by Judiciary Committee
2/6/2026
Added to Judiciary Committee agenda
1/23/2026
Now in Judiciary Committee
1/23/2026
Referred to Judiciary Committee
1/22/2026
1st Reading (Committee Substitute 1)
1/22/2026
CS Filed
1/22/2026
Laid on Table under Rule 7.18(a)
1/22/2026
Reported out of Justice Budget Subcommittee
1/21/2026
Favorable with CS by Justice Budget Subcommittee
1/16/2026
Added to Justice Budget Subcommittee agenda
1/14/2026
Now in Justice Budget Subcommittee
1/14/2026
Reported out of Civil Justice & Claims Subcommittee
1/14/2026
Favorable by Civil Justice & Claims Subcommittee
1/13/2026
1st Reading (Original Filed Version)
1/12/2026
Added to Civil Justice & Claims Subcommittee agenda
1/5/2026
Now in Civil Justice & Claims Subcommittee
1/5/2026
Referred to Judiciary Committee
1/5/2026
Referred to Justice Budget Subcommittee
1/5/2026
Referred to Civil Justice & Claims Subcommittee
12/12/2025
Filed
26 EARLIER →
STATUTES IT CHANGES
s. 28.2401
+90 / −4
s. 28.241
+159 / −59
s. 34.041
+108 / −121
s. 45.035
+90 / −1
s. 721.83
+93 / −4
s. 744.3678
+91 / −4
STAFF ANALYSES