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The Florida Statutes

The 2003 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 34
COUNTY COURTS
View Entire Chapter
Section 34.041, Florida Statutes 2003

134.041  Service charges and costs.--

(1)  Upon the institution of any civil action or proceeding in county court, the plaintiff, when filing an action or proceeding, shall pay the following service charges:

(a)  For all claims less than $100 ............ $10.00.

(b)  For all claims of $100 or more but not more than $2,500  ............ 25.00.

(c)  For all claims of more than $2,500  ............ 40.00.

(d)  In addition, for all proceedings of garnishment, attachment, replevin, and distress ............ 35.00.

(e)  For removal of tenant action ............ 35.00.

Postal charges incurred by the clerk of the county court in making service by mail on defendants or other parties shall be paid by the party at whose instance service is made. Except as provided herein, service charges for performing duties of the clerk relating to the county court shall be as provided in ss. 28.24 and 28.241. Service charges in excess of those herein fixed may be imposed by the governing authority of the county by ordinance or by special or local law, and such excess shall be expended as provided by such ordinance or any special or local law now or hereafter in force to provide and maintain facilities, including a law library, for the use of the county court in the county in which the charge is collected; to provide and maintain equipment; or for a legal aid program. All filing fees shall be retained as fee income of the office of the clerk of circuit court. Service charges imposed by this section may not be added to any penalty imposed by chapter 316 or chapter 318. The sum of all service charges and fees permitted under this subsection may not exceed $200.

(2)  The judge shall have full discretionary power to waive the prepayment of costs or the payment of costs accruing during the action upon the sworn written statement of the plaintiff and upon other satisfactory evidence of the plaintiff's inability to pay such costs. When costs are so waived, the notation to be made on the records shall be "Prepayment of costs waived," or "Costs waived." The term "pauper" or "in forma pauperis" shall not be employed. If a party shall fail to pay accrued costs, though able to do so, the judge shall have power to deny that party the right to file any new case while such costs remain unpaid and, likewise, to deny such litigant the right to proceed further in any case pending. The award of other court costs shall be according to the discretion of the judge who may include therein the reasonable costs of bonds and undertakings and other reasonable court costs incident to the suit incurred by either party.

(3)  In criminal proceedings in county courts, costs shall be taxed against a person in county court upon conviction or estreature pursuant to chapter 939. The provisions of s. 28.241(2) shall not apply to criminal proceedings in county court.

(4)  Upon the institution of any appellate proceeding from the county court to the circuit court, there shall be charged and collected from the party or parties instituting such appellate proceedings a service charge as provided in chapter 28.

(5)  A charge or a fee may not be imposed upon a party for responding by pleading, motion, or other paper to a civil or criminal action, suit, or proceeding in a county court or to an appeal to the circuit court.

(6)  In addition to the filing fees provided in subsection (1), in all civil cases, the sum of $7.00 per case shall be paid by the plaintiff when filing an action for the purpose of funding the court costs. Such funds shall be remitted by the clerk to the Department of Revenue for deposit to the General Revenue Fund.

History.--ss. 1, 2, 6, 7, 9, ch. 26931, 1951; s. 4, ch. 63-559; s. 12, ch. 70-134; s. 12, ch. 72-404; s. 2, ch. 74-154; s. 4, ch. 77-284; s. 15, ch. 79-400; s. 3, ch. 82-205; s. 5, ch. 87-145; s. 8, ch. 89-290; s. 2, ch. 90-181; s. 2, ch. 90-269; s. 4, ch. 91-152; s. 196, ch. 95-147; s. 4, ch. 96-209; s. 2, ch. 96-350; s. 7, ch. 2001-122; s. 52, ch. 2003-402.

1Note.--Section 52, ch. 2003-402, amended s. 34.041, effective July 1, 2004, to read:

34.041  Filing fees.--

(1)  Upon the institution of any civil action or proceeding in county court, the clerk of court may require the plaintiff, when filing an action or proceeding, to pay the following filing fee, not to exceed:

(a)  For all claims less than $100  ............ $50.

(b)  For all claims of $100 or more but not more than $500  ............ $75.

(c)  For all claims of more than $500 but not more than $2,500 ............ $150.

(d)  For all claims of more than $2,500 ............ $250.

(e)  In addition, for all proceedings of garnishment, attachment, replevin, and distress ............ $75.

(f)  For removal of tenant action ............ $75.


The first $50 of the filing fee collected under paragraph (d) shall be remitted to the Department of Revenue for deposit into the General Revenue Fund. One-third of any filing fees collected by the clerk under paragraph (d) in excess of the first $50 shall be remitted to the Department of Revenue for deposit into the Department of Revenue Clerks of the Court Trust Fund. Postal charges incurred by the clerk of the county court in making service by mail on defendants or other parties shall be paid by the party at whose instance service is made. Except as provided herein, filing fees and service charges for performing duties of the clerk relating to the county court shall be as provided in ss. 28.24 and 28.241. Except as otherwise provided herein, all filing fees shall be retained as fee income of the office of the clerk of circuit court. Filing fees imposed by this section may not be added to any penalty imposed by chapter 316 or chapter 318.

(2)  If a party shall fail to pay accrued costs, though able to do so, the judge shall have power to deny that party the right to file any new case while such costs remain unpaid and, likewise, to deny such litigant the right to proceed further in any case pending.

(3)  In criminal proceedings in county courts, costs shall be taxed against a person in county court upon conviction or estreature pursuant to chapter 939.

(4)  Upon the institution of any appellate proceeding from the county court to the circuit court, there shall be charged and collected from the party or parties instituting such appellate proceedings, including appeals filed by a county or municipality, filing fees as provided in chapter 28.

(5)  A charge or a fee may not be imposed upon a party for responding by pleading, motion, or other paper to a civil or criminal action, suit, or proceeding in a county court or to an appeal to the circuit court.

(6)  For purposes of this section, "plaintiff" includes a county or municipality filing any civil action.

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