Fund from the Department of Revenue to the Justice AdministrativeCommission; providing a finding that the act fulfills an importantstate interest; repealing ss. 25.311, 25.321, 25.331, 25.361, and25.381, F.S., relating to the distribution and resupply of copies of thereports of decisions of the Supreme Court and district court of ap-peals, the declaration that such reports remain the public propertyof the state, the authorization of the Supreme Court to obtain statepublications for exchange purposes, and the publication, purchase,and distribution of the reports of the opinions of the Supreme Courtand the district courts of appeal, respectively; providing an effectivedate.Be It Enacted by the Legislature of the State of Florida:Section 1. Subsections (1) and (2) of section 28.241, Florida Statutes, areamended to read:28.241 Filing fees for trial and appellate proceedings.—(1)(a) The party instituting any civil action, suit, or proceeding in thecircuit court shall pay to the clerk of that court a filing fee of up to $295 inall cases in which there are not more than five defendants and an additionalfiling fee of up to $2.50 for each defendant in excess of five. Of the first $85in filing fees, $80 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $3.50 and $5 must beremitted to the Department of Revenue for deposit into the Clerks of theCourt Trust Fund within the Justice Administrative Commission and usedDepartment of Financial Services’ Administrative Trust Fund to fund thecontract with the Florida Clerks of Court Operations Corporation created ins. 28.35, and $1.50 shall be remitted to the Department of Revenue fordeposit into the Administrative Trust Fund within the Department of Fi-nancial Services to fund clerk budget reviews conducted by the Departmentof Financial Services. The next $15 of the filing fee collected shall be depos-ited in the state courts’ Mediation and Arbitration Trust Fund. One-thirdof any filing fees collected by the clerk of the circuit court in excess of $100shall be remitted to the Department of Revenue for deposit into the Depart-ment of Revenue Clerks of the Court Trust Fund within the Justice Adminis-trative Commission. An additional filing fee of $4 shall be paid to the clerk.The clerk shall remit $3.50 to the Department of Revenue for deposit intothe Court Education Trust Fund and shall remit 50 cents to the Departmentof Revenue for deposit into the Clerks of the Court Department of FinancialServices Administrative Trust Fund within the Justice AdministrativeCommission to fund clerk education. An additional filing fee of up to $18shall be paid by the party seeking each severance that is granted. The clerkmay impose an additional filing fee of up to $85 for all proceedings of garnishment, attachment, replevin, and distress. Postal charges incurred bythe clerk of the circuit court in making service by certified or registered mailon defendants or other parties shall be paid by the party at whose instanceservice is made. No additional fees, charges, or costs shall be added to thefiling fees imposed under this section, except as authorized herein or bygeneral law.
Ch. 2009-204LAWS OF FLORIDACh. 2009-204
CODING: Words stricken are deletions; words underlined are additions.