Florida/Georgia Personal Injury & Workers Compensation

...The Hillsborough County Court Improvement Fund was created in 1982 by Ordinance 82-7. The Ordinance was adopted in conjunction with Administrative Order 82-15A of the Chief Judge of the Thirteenth Judicial Circuit, which established the fund "pursuant to Chapter 28.241, Florida Statutes," and ordered the local judges to assess a minimum cost of $15 for all nonindigent defendants who pleaded guilty, nolo contendere, or who were found guilty....

...a state statute. Thus, if this assessment is valid, it must be authorized as a cost. Hillsborough County and the Thirteenth Judicial Circuit, as amici in this case, strenuously argue that the assessment to the court improvement fund is authorized by section 28.241(2), Florida Statutes (1991)....

...The sum of all service charges and fees permitted under this subsection may not exceed $200. Even if we were to accept this argument, it is obvious that the $250 assessment in this case would exceed the maximum allowed by statute by $50. More important, section 28.241(2) establishes a financial arrangement between a county and its clerk of circuit court....

...from some or all of the defendants charged. There is no precedent in which this statute has been held to authorize an assessment of costs, and the parties have not demonstrated *121 that any other locality has attempted a similar fund on this basis. Section 28.241 does not authorize the assessment of $250 in this case....

...collection of filing fees upon appellant's future ability to pay. However, the legislature did not. Therefore, the provision of imposing a lien on inmate accounts does not apply to indigency candidates under section 57.081. *538 Appellee argues that section 28.241 requires the circuit court clerk to collect an appellate filing fee. Appellee contends that, under this statute, the circuit court clerk has authority to institute payment of the fees at a later time when appellant has the ability to pay. This argument is contrary to statute. Section 28.241(2) provides that the clerk shall defer payment of the appellate filing fee if a party is determined to be indigent....

...Jurisdiction of matters cognizable in probate is invoked by the filing of a petition. Fla.P.R. 5.020. Jurisdiction in a civil action for money damages attaches upon the filing of a complaint. See Fla.R. Civ.P. 1.050. Each filing is accompanied by an appropriate filing fee. See § 28.241, Florida Statutes (1987)....

...llocation of fees as between the Clerk and the Library. Our jurisdiction derives from the judgment of the Circuit Court, Lee County, holding Chapter 59-1492, Laws of Florida, constitutional. We affirm in part and reverse in part. In 1957, Fla. Stat. § 28.241(1), F.S.A., enacted as Chapter 57-322, Laws of Florida, the general law setting filing fees to be paid to clerks of circuit courts in civil actions, was amended to provide in part: "The party instituting any civil action, suit or proceeding...

...Under the statutory formula the Law Library received $3.00 plus 20% of $10.00 or a total allocation of $5.00 out of each filing fee paid to the Clerk. The Clerk did not contest the allocation, but funded the Library pursuant to the statutory scheme until 1963, at which time Fla. Stat. § 28.241(1), F.S.A....

..., 1970, at which time the Clerk ceased payments to the Library altogether. The catalyst which led the Clerk to cease payments to the Library was the passage of Chapter 70-134, Laws of Florida, which, among other things, extensively revised Fla.Stat, § 28.241, F.S.A....

...Appellant first contends that Chapter 59-1492, was impliedly repealed by passage of Chapter 70-134. Our response to this contention is governed by Chapter 70-134 itself, which, in Section 40, provides: "The fees herein shall supersede and repeal all laws in conflict herewith except as provided in section 28.241, Florida Statutes." *4 Fla. Stat. § 28.241, F.S.A....

...(Emphasis supplied) This savings clause appears to be expressly designed to retain special acts such as the one in contention here. Chapter 59-1492 was in force on the effective date of Chapter 70-134, and accordingly, comes within the savings clause in Fla. Stat. § 28.241, F.S.A....

...Board of Public Instruction of Gulf County, 189 So.2d 878 (Fla. 1966); Knight & Wall Co. v. Bryant, 178 So.2d 5 (Fla. 1965); State ex rel. Grodin v. Barns, 119 Fla. 405, 161 So. 568 (1935). In the instant case this requirement is met. The enabling legislation (Fla. Stat. § 28.241, F.S.A.) setting up the basic filing fee for clerks, specifically *5 contemplated such acts as the one in question here; and indeed, numerous such acts have been passed or amended subsequent to enactment of Fla. Stat. § 28.241, F.S.A....

...ate of this special act, the Court below allocated the monies in question as follows: $3.00 plus 20% of $15.00 (the new base fee provided for by Chapter 70-134), or a total of $6.00 to the Library, and $12.00 to the Clerk. Under the "old" Fla. Stat. § 28.241, F.S.A. (Chapter 57-322) such an allocation would clearly have been proper. However, "new" Fla. Stat. § 28.241, F.S.A....

...On its face, therefore, Chapter 70-134 prohibits the Clerk from allocating any portion of his base charge of $15.00 to the Law Library. This leaves a total of $3.00 available for allocation to the Library. Appellant argues, however, that the following language in Chapter 70-134 (Fla. Stat. § 28.241(1), F.S.A.) requires a different result: "That part of the within fixed or allowable service charges which is not by local or special law applied to the special purposes shall constitute the total service charges of the clerk of said court...

...See Wrenn (holding that filing fee not required for commencement of action; stating that contrary holding of Turkett v. United States, 76 F. Supp. 76 (N.D.N.Y. 1948) "predates Parissi. " 575 F.2d at 547.) [2] It might also be added that, while the appeal fees are uniform throughout the state, see § 28.241(3), Fla. Stat. (1985), those for filing the complaint vary from county to county according to the adoption of the various supplements authorized by § 28.241(1)....

...(R) Commercial foreclosure — all matters relating to the termination of a business owner's interest in commercial property by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes)....

...interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes)....

...rest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has not been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). (U) Other real property actions — all matters relating to land, land improvements, or property rights not involving commercial or residential foreclosure. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes)....

...ered on August 29, 2007. One is a $12 service charge for "Preparation of Satisfaction of Lien/Document" pursuant to section 28.24(8), Florida Statutes (2006), and the other is a $16 charge for "Recording of Satisfaction of Lien/Document" pursuant to section 28.241. McMillan claims that section 28.24(8) only authorizes the clerk to charge $6 for preparation of the satisfaction of lien and that section 28.241 does not authorize the imposition of a $16 charge for recording a satisfaction of lien....

...Thousands of analogous examples can be found throughout Florida's constitutional and statutory provisions. See, e.g., Art. III, § 8(a), Fla. Const.; Fla. Stat. § 11.062(2)(a); § 11.066(4); § 11.70(3)(d); § 14.29(3)(b), (12); § 20.04(7)(a); § 20.19(6)(f); § 20.23(2)(a)3; § 27.34(2); § 27.711(3); § 28.241(3),(4); § 29.004(10)(d); § 39.012; § 39.013(2); § 44.06(2); § 63.0423(5) and (6); § 90.604....

...orida. I write to highlight the issue in hopes that it can be solved either by the legislature or perhaps by precedent established in a case appealed from a circuit court to a district court of appeal. The issue concerns the proper interpretation of section 28.241(1)(b), Florida Statutes (2005), which permits a clerk of court to charge a fee of up to $50 for "reopening" a circuit court case when the case has been "previously reported as disposed of." See also § 34.041(2), Fla....

...tion" in the Summary Reporting System Manual (SRS Manual), a manual created in compliance with the mandate of section 25.075, Florida Statutes (2005). The Clerk used this definition of "disposition" as the definition of "disposed of" for purposes of section 28.241(1)(b). [1] This interpretation may inure to a clerk's benefit because the clerk is entitled to collect up to $50 each time it reopens such a file. See § 28.241(1)(b). I doubt that the legislature intended the definition created by the Office of the State Courts Administrator (OSCA) in the SRS Manual to be binding in the context of section 28.241(1)(b) or that the Florida Supreme Court intended the SRS Manual to be used as a budgetary device under these circumstances....

...The circuit court essentially held that when a foreclosure action is reopened by a motion to vacate a foreclosure sale and the motion is thereafter granted, the return of the monies paid in the sale is intrinsic to that order and thus the file cannot be properly closed or considered "disposed of under section 28.241(1)(b), at least as it relates to the purchaser, until the Clerk returns the funds in the registry of the court....

...See, e.g., Ivey v. Allstate Ins. Co., 774 So.2d 679, 682 (Fla.2000). If the circuit court had decided this case on broader grounds, for example by declaring that a final judgment of foreclosure did not terminate a foreclosure action for *1027 purposes of section 28.241(1)(b), precedent from this court by way of certiorari may have been appropriate....

...Similar estimates for fiscal year 2006-07 and the current fiscal year would undoubtedly be significantly higher because of the increase in home foreclosures brought on by problems within the subprime mortgage market. [3] The legislative history for chapter 2003-402, Laws of Florida, the act creating section 28.241(1)(b) and requiring clerks to charge this reopening fee, noted that judicial circuits reported "reopening" 446,000 cases in their civil divisions for fiscal year 2000 to 2001....

...ap.doc&DocumentType = Analysis& Bill Number=013A&Session=2003A (last visited Nov. 29, 2007). That would amount to potential gross revenue from a $50 filing fee of $22,300,000. Moreover, the legislative history for section 19 of chapter 2004-265, Laws of Florida, which later amended section 28.241(1)(b), reveals that at the time of that amendment the legislature anticipated that the filing fee to reopen closed cases "will provide an additional $6.4 million in revenue to the state as these revenues will contribute to the excess revenues to be remitted to the state by the clerks." See Fla....

...[5] *1028 This seems to be a "trifle" that should warrant concern by an appellate court. III. THE SOURCE OF THE PROBLEM: RELIANCE ON THE SRS MANUAL FOR FUNCTIONS BEYOND ITS INTENDED PURPOSE The Clerk argues that he is just following statutory law. While the Clerk may be attempting in good faith to comply with section 28.241(1)(b), there is no reported case law defining "previously reported as disposed of." The Clerk is interpreting the undefined statutory phrase in a manner that favors the Clerk by relying upon the Florida Supreme Court's "Summary Reporting System," which was created pursuant to section 25.075, not for the purposes of section 28.241....

...On the one hand, because the Clerk is required to file reports to satisfy section 25.075, it is not necessarily unreasonable for the Clerk to assume that a disposition for purposes of the reporting system created to satisfy section 25.075 is also a disposition for purposes of section 28.241(1)(b)....

...This certiorari proceeding is not the proper case in which to evolve a definition of "disposition" for purposes of this statute. That definition must come from another source. It seems to me that the most reasonable solution would involve the legislature's defining this term within section 28.241....

...without payment of fees, the issues will be reviewed in the district courts of appeal in typical appellate proceedings under a de novo standard of review. In the interim, if the clerks of court continue to rely on the SRS Manual for the purposes of section 28.241, those responsible for the publication of that manual may want to take a position on whether the manual is intended to control the interpretation of this statute....

...(R) Commercial foreclosure — all matters relating to the termination of a business owner's interest in commercial property by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes)....

...interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes)....

...rest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has not been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes)....

...(U) Other real property actions — all matters relating to land, land improvements, or property rights not involving commercial or residential foreclosure. Check the *483 category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes)....

...property, and expenses and costs of suit including but not limited to filing fees, recording fees, title search and examination fees, fees due for service of process and such other costs as may be allowed by this Court. In accordance with section 28.241 of the Florida Statutes governing filing fees, Wells Fargo also filed an unsworn estimate of the amount in controversy. See § 28.241(1)(a)2.a., Fla....

...graduated filing fee based on the estimated value of their claims). That estimate stated, as did the verified complaint, the “Principal due on the note” was $3,331,190.81, an amount which alone exceeded the $250,000 minimum threshold stated in section 28.241 for payment of the maximum filing fee allowed. See § 28.241(1)(a)2.d.(III), Fla....

...Complaint, and argument of counsel.” Rather, Credo claims here that because it did not dispute the principal amount alleged to be due when the action was filed ($3,331,190.81) and that because that amount was repeated in Wells Fargo’s unsworn section 28.241 estimate of claim value, there was no need for an evidentiary hearing to liquidate the amount due to redeem the Wells Fargo mortgage....

...(2013). 13 is, those amounts due to Wells Fargo “because of the exercise of [the] right to accelerate, plus the reasonable expenses of proceeding to foreclosure incurred to the time of tender, including reasonable attorney’s fees.” Id.5 And, Wells Fargo’s section 28.241 unsworn estimate of value filing does nothing to cure this evidentiary deficiency so as to obviate the necessity for an evidentiary hearing and evidence as to the amounts due under section 45.0315 to redeem. Section 28.241 (which is included in that part of the Florida Statutes governing the clerks of Florida’s circuit courts) sets a sliding scale for the payment of circuit court filing fees pegged to the amount in controversy....

...Where a mortgage foreclosure is involved, the estimate must include an estimate of the amount of principal claimed to be due; any amounts due for interest; moneys advanced for taxes, insurance, and other advances secured by the mortgage; and the value of any tax certificates. § 28.241(1)(a)2.a.-2.b., Fla....

...The clerk shall adjust the filing fee if there is a difference between the estimated amount in controversy and the actual value of the claim and collect any additional filing fee owed or provide a refund of excess filing fee paid. § 28.241(1)(a).2.c., Fla. Stat. (2013). Here, the section 28.241(1)(a)2.b....

...pplication of the maximum filing fee authorized by law: d. The party shall pay a filing fee of: .... (III) One thousand nine hundred dollars in all cases in which the value of the claim is $250,000 or more . . . . § 28.241(1)(a)2.d.(III), Fla. Stat. (2013). In short, Wells Fargo’s section 28.241 “estimate” of the value of its claim confirms only what the verified complaint alleges, that the “[p]rincipal” amount due at the time of filing was $3,331,190.81....

is, the county or municipality. In contrast, section 28.241, Florida Statutes, which sets forth filing

...ermination of a business owner’s interest in commercial property by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). (S) Homestead residential foreclosure—all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). (T) Nonhomestead residential foreclosure—all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has not been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). (U) Other real property actions—all matters relating to land, land improvements, or property rights not involving commercial or residential foreclosure. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). (V) Professional malpractice—all professional malpractice lawsuits. 61  (W) Malpractice—business—all matters relating to a business’s...

QUESTION: What is the proper service charge to be paid to the circuit court clerk pursuant to s. 28.241 (3), F.S., upon the filing of a notice of appeal from circuit court to a higher court? SUMMARY: The service charge required by s. 28.241 (3), F.S., to be paid to a circuit court clerk upon the filing of a notice of appeal from circuit court to a higher court is five dollars. The fifteen dollar service charge provided for in s. 28.241 (3) is required to be paid to a circuit court clerk only upon the filing of a notice of appeal to the circuit court from a lower court. Section 28.241 (3), F.S., provides: (3) Upon the institution of any appellate proceedings from any inferior court to the circuit court of any such county, or from the circuit court to an appellate court of the state, the clerk shall charge and collec...

...appeal. You mentioned in your letter that Collier County has provided by special act for the imposition of additional charges in civil cases for the funding of the Collier County law library, pursuant to authorization for such additional charges in s. 28.241 (1), F. S. I can find no authority for the imposition of law library service charges when a notice of appeal is filed. The authorizing statement in subsection 28.241 (1) is limited to that subsection alone by virtue of the wording, i.e., "[s]ervice charges in excess of those herein fixed may be imposed." (Emphasis supplied.) The word "herein" refers only to subsection (1) of s. 28.241 and should not be taken as authorization for the addition of a law library charge to any of the other charges authorized in the various subsections of s. 28.241 ....

...2), relating to criminal cases, but no such specific authorization appears in subsection (3), relating to appeals. It seems apparent that if the term herein in subsection (1) had been intended by the legislature to refer to all service charges under s. 28.241 , there would have been no reason for the specific authorization in subsection (2)....

...Henderson: As Chairman of the Suwannee County Commission and Clerk of Court for Suwannee County, you have both asked for my opinion on substantially the following question: Is the Clerk of Court required to charge the county for services provided under sections 28.24 , 28.241 , 34.041 , 34.171 , and 43.28, Florida Statutes, when the clerk operates as a fee officer? In sum: As a fee officer, the Clerk of Court for Suwannee County is required to charge the county for services provided under sections 28.24 , 28.241 , 34.041 , and 43.28, Florida Statutes....

...ether these were valid obligations of the board. While this audit resolved the issue of payment on the majority of contested charges, questions remain about whether the clerk may validly charge the county for services rendered under sections 28.24 , 28.241 , 34.041 , 34.171 , and 43.28, Florida Statutes....

...s. Rather, the clerk of court is a fee officer and "shall make . . . charges for services rendered by the clerk's office in recording documents and instruments and in performing the duties enumerated" as required by section 28.24 , Florida Statutes. Section 28.241 , Florida Statutes Section 28.241 , Florida Statutes, as amended, 9 requires a party instituting a civil action, suit, or proceeding in circuit court to pay various service charges to the clerk. These fees represent charges the state makes for services rendered by the state through the clerk, and establish a fund subject to the control of the state to be applied as the Legislature directs. 10 Subsection (2) of section 28.241 , Florida Statutes, provides "The clerk of the circuit court of any county in the state who operates his or her office from fees and service charges collected, as opposed to budgeted allocations from county general revenue, shall be pa...

...be increased for that purpose by a special or local law or an ordinance. The sum of all service charges and fees permitted under this subsection may not exceed $200." Thus, the Clerk of Court for Suwannee County, who is a fee officer, is required by section 28.241 (2), Florida Statutes, to charge the county as described in that subsection for services rendered by the state through the clerk's office. Section 34.041 , Florida Statutes This statutory section provides service charges and costs for the county court system and is the counterpart to section 28.241 , Florida Statutes, above, relating to the circuit courts. Pursuant to section 34.041 (1), Florida Statutes, with certain exceptions, "service charges for performing duties of the clerk relating to the county court shall be as provided in ss. 28.24 and 28.241 ." Further, the statute states that "[a]ll filing fees shall be retained as fee income of the office of the clerk of circuit court." 11 Under the clear language of sections 34.041 and 28.241 , Florida Statutes, a clerk of court who is a fee officer is required to charge the county for both county court and circuit court service charges or filing fees and shall retain those moneys as income of that office....

...An exception to this requirement exists for criminal proceedings filed in county courts. Section 34.041 (3), Florida Statutes, states that: "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." Thus, while a clerk of court who is a fee officer is authorized to make and retain service charges for criminal cases filed in circuit court, the exception provided in section 34...

...145 , Florida Statutes, relating to budget officers do not apply to this situation. In sum, it is my opinion that, as a fee officer, the Clerk of Court for Suwannee County is required to charge the county for services provided under sections 28.24 , 28.241 , 34.041 , and 43.28, Florida Statutes....

...145 , Fla. Stat., setting the annual compensation of county officers. 5 Section 125.01 (1)(v), Fla. Stat. 6 See , s. 129.03 , Fla. Stat. 7 351 So.2d 32 , 41-42 (Fla. 1977). 8 See , Ch. 72-460, Laws of Florida, as amended by Ch. 73-455, Laws of Florida. 9 Section 28.241 , Fla....

...Plaintiffs assert that as state-court defendants they have compulsory claims which must be *1345 filed or forfeited, but they are required by a relatively new Florida statute to pay a filing fee to assert such compulsory claims. Specifically, Fla. Stat. § 28.241 (l)(c) provides that: A party [in a civil action....

...he fee collected under sub-subparagraph a., $605 of the fee collected under sub-sub-paragraph b., and $1,605 of the fee collected under sub-subparagraph c. to the Department of Revenue for deposit into the State Courts Revenue Trust Fund. Fla. Stat. § 28.241 (l)(e)....

...nue in a three-count Complaint (Doc. # 1). The first two counts are brought under 42 U.S.C. § 1983 , while Count III is brought under the Florida Constitution. Count I seeks injunctive relief enjoining the collection of filing fees under Fla. Stat. § 28.241 (l)(c) and the dismissal of compulsory claims for failing to pay such filing fees, and requiring the creation of a separate account for fees collected pursuant to the statute in order to facilitate any refund of fees which may be ordered....

...City of Fort Myers, 41 F.3d 619, 622 (11th Cir.1995), but federal law determines what constitutes a tax under the Tax Injunction Act. Tramel v. Schrader, 505 F.2d 1310, 1314-16 (5th Cir.1975) 10 . In Crist, supra, the Florida Supreme Court reversed the trial court’s finding that Fla. Stat. §§ 28.241 (l)(a), 28.241(a)(2)(d), 28.241(2), 34.041(l)(b) and 28.2455, Florida Statutes (2009) are unconstitutional and void....

...Further, defendants argue that the fee is narrowly tailored and does not impose a substantial burden on court access because fees are subject to waiver under Florida law. The Court is satisfied that under the standard summarized above plaintiffs’ have sufficiently set forth a plausible claim that Fla. Stat. § 28.241 (l)(e) violates Article I, section 21, of the Florida Constitution....

substantially the following question: Does section 28.241(1)(c), Florida Statutes, authorize the clerk

...or boundaries of real property. All matters involving foreclosures or sales of real property, including foreclosures associated with condominium associations or condominium units. (The amount of claim specified in Section II. of the form determines the filing fee pursuant to section 28.241, Florida Statutes.) (R) Commercial foreclosure—all matters relating to the termination of a business owner’s interest in commercial property by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). (S) Homestead residential foreclosure—all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). (T) Nonhomestead residential foreclosure—all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has not been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). -9-  (U) Other real property actions—all matters relating to land, land improvements, or property rights not involving commercial or residential foreclosure. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). (V) Professional malpractice—all professional malpractice lawsuits. (W) Malpractice—business—all matters relating to a business’s or business person’s failure to exercise the degree o...

...Respondent, the Chief Judge of the Sixth Circuit, asserts that the petitions raise a point of possible statutory conflict but maintains that because the litigants initiated appellate proceedings from the lower court to the circuit court, sections 34.041(5), 28.241(2), and 28.246(4), Florida Statutes (2012), require the deferral — not waiver — of the filing fees....

...t for civil proceedings under this section shall be enrolled in a payment plan under s. 28.246 .... Filing fees waived from payment under s. 57.081 may not be included in the calculation related to a payment plan established under this section.”). Section 28.241(2) provides that in circuit court appellate proceedings, “[i]f the party is determined to be indigent, the clerk shall defer payment of the fee.” See also § 34.041(5) (“Upon the institution of any appellate proceeding from the county court to the circuit court, including any appeal filed by a county or municipality, the clerk shall charge and collect filing fees as provided in s. 28.241(2) from the party or parties instituting the appellate proceedings....

Dear Mr. Smith: As clerk of the circuit court for Putnam County, you ask substantially the following question: In light of the recent amendment to section 28.241 (1)(a)1.b., Florida Statutes, by section 5, Chapter 2009-61 , Laws of Florida, is a clerk of court required to assess a filing fee for the filing of a petition for a domestic violence injunction despite the language of section 741.30 (...

...From this reimbursement, the clerk shall pay any law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee shall not exceed $20." (e.s.) During the 2009 legislative session, however, the Legislature in section 5, Chapter 2009-61 , Laws of Florida, amended section 28.241 , Florida Statutes, to provide: "1.a....

...753 shall pay to the clerk of that court a filing fee of up to $295 in all cases in which there are not more than five defendants and an additional filing fee of up to $2.50 for each defendant in excess of five. . . ." (e.s.) Due to the amendment to section 28.241 (1)(a), Florida Statutes, the question has been raised as to whether a clerk is now required to charge a filing fee for a petition for protection against domestic violence....

...5 Accordingly, in light of the above and the plain language of section 741.30 (2), Florida Statutes, which clearly prohibits the imposition of such a fee "[n]otwithstanding any other provision of law," I am of the opinion that the recent amendment to section 28.241 (1)(a)1.b., Florida Statutes, by section 5, Chapter 2009-61 , Laws of Florida, does not require a clerk of court to assess a filing fee for the filing of a petition for a domestic violence injunction....

..., 742, 747, 752, or 753, the bill increases the circuit civil filing fee from $295 to $395 and directs the increase to be deposited in the State Courts Revenue Trust Fund." And see Title to Ch. 2009-61 , Laws of Fla., stating that the bill "amending s. 28.241 , F.S.; increasing the maximum filing fee for certain civil actions; providing for a portion of circuit court filing fees to be deposited in the State Courts Revenue Trust Fund; eliminating a requirement for the clerk of court to remit a po...

...mittance of fees by the clerk of court and for deposit into specified funds; eliminating a requirement for the clerk of court to remit a portion of fees collected to the Department of Revenue for deposit into a specified trust fund;. . . ." See also s. 28.241 (1)(b)(18), Fla....

...b(6) of the Florida Appellate Rules, 32 F.S.A., payable to the clerk of this court. The Clerk of the trial court wrote appellants’ counsel that the notice of appeal and filing fee in the appellate court had been received but that the $3.50 fee he is required to collect by Section 28.241(3) of the statutes had not been paid and that the notice of appeal would be filed upon receipt....

...ate proceeding from any inferior court to the circuit court * * * or from the circuit court to the supreme court” is intended to apply with equal force to appeals taken to the district courts of appeal created since its enactment. Florida Statutes § 28.241 (3) (1967), F.S.A....

...ees for praecipes and subpoenas, while the Sheriff charged them fees for service of subpoenas. As Judge Orfinger correctly notes in his dissent, the Clerk's and Sheriff's fees were improperly *90 assessed against the parents. See §§ 39.19, 39.414, 28.241(2) and 39.06(11), Fla....

...The true problem in this case is that the Clerk and Sheriff improperly charged fees to the parents. Because the trial court has ordered HRS to reimburse the parents, HRS may wish to seek recovery from the Clerk and the Sheriff who improperly charged the parents, or from Lake County pursuant to sections 28.241(2) and 39.06(11)), Florida Statutes....

...Section 57.041, Florida Statutes (1987) provides for the recovery of all legal costs and charges from the losing party, and reading this section in conjunction with sections 39.19 and 39.414, it must be concluded that although court fees are not recoverable, legal costs may be recovered. Other statutes now come into play. Section 28.241(2), Florida Statutes provides that for clerks of the circuit court who operate their offices on fees and service charges, the county shall pay a flat fee, now $40, in all juvenile proceedings, in lieu of all other charges, with some exceptions not pertinent here....

...ising statutes providing fees and commissions for services; changing the word fee to charges; amending chapter 28, Florida Statutes, by adding sections 28.071 to provide for an official seal and 28.231; amending sections 28.101, 28.12, 28.19, 28.24, 28.241, 28.242, 28.25, 28.28, 33.04, 34.04, 34.041, 45.031(1), 95.33, 222.17 (5), 298.03(4), 298.07(4), 298.08(4), 298.09, 298.34(5), 298.67(2), 372.318, 382.25, 459.16, 460.15, 462.10, 463.13, 696.05(2), 698.11, 703.01, 703.02, 703.04, 703.05, 706.0...

...— The clerk of any state appellate or county or state trial court shall receive as compensation for similar services the same charges as provided in this chapter for the clerk of the circuit court. “Section 40. The fees herein shall supersede and repeal all laws in conflict herewith except as provided in section 28.241, Florida Statutes.” The appellants, defendants below, rely upon the general rule as stated in Kirkland v....

...schedule so that, thereafter, the fees for the services rendered under those statutes would be set by s. 28.24 . Further, s. 40 of the 1970 act provided: "The fees herein shall supersede and repeal all laws in conflict herewith except as provided in Section 28.241 , Florida Statutes." Since s....

...de all other laws on the same subject" was a clear indication of legislative intent to enact the only law governing that subject. The statement in s. 40 that "fees herein shall supersede and repeal all laws in conflict herewith except as provided in section 28.241 ....

...." is an equally clear expression of the legislative intent to provide the only law on the subject of that legislation, to wit: fees charged by a circuit court clerk for recording, indexing, and filing any instrument. The only statute excepted from the operation of the repealer provision of s. 40 is s. 28.241 , F.S....

...g with present day costs and required services . . . . "(Emphasis supplied.) Clearly, this is an expression of legislative intent to revise the whole subject of clerk's fees, to provide the only law on that subject, and to supersede all laws, except s. 28.241 , F.S., in conflict therewith....

...We agree with the trial court's ruling and, therefore, affirm. LaROSE, J., and FULMER, CAROLYN K., Senior Judge, Concur. VILLANTI, J., Concurs specially with opinion. VILLANTI, J., Concurring specially. Once again, [1] the issue sought to be raised is the proper interpretation of sections 28.241(1)(b) and 34.041(2), Florida Statutes (2008), which allow the clerk of the court to set and charge a fee for reopening a civil action that has been "previously reported as disposed of." The problem is that the term "previously reported as disposed of" is not defined by either statute....

...That manual was created by the Office of the State Court Administrator pursuant to section 25.075, Florida Statutes (2008), to measure judicial workload. The definition of "disposition" contained therein was not intended to apply in the context of section 28.241(1)(b) to establish fees payable to the clerk of court for filings in circuit court cases....

...ave never been closed or deemed "disposed of," and they filed a class action complaint requesting, inter alia, declaratory relief. Specifically, they asked the circuit court to determine the proper definition of the term "disposed of" under sections 28.241(1)(b) and 34.041(2)....

...In the order the trial court stated: The records of the clerk of court show that 22 cases have been initiated in this court by the plaintiff in the past 3 years. In all of the cases, the plaintiff sought to proceed without payment of the filing fee incurred under section 28.241, Florida Statutes....

including summary claims. AS TO QUESTION 1: Section 28.241(1), F. S., provides, inter alia: The party

...In her brief, appellant does not assert that the trial court committed error in the order on appeal. Rather, she argues only that the clerk of the circuit court erred in refusing to accept her pleadings below challenging the order on appeal without the payment of a filing fee pursuant to section 28.241(l)(b), Florida Statutes (2003)....

...1 Appellant further argues that the actions of the clerk of the circuit court have violated her rights to equal protection and access to the courts under the Florida and United States constitutions. Appellant did not challenge the clerk’s action or interpretation of section 28.241 in the trial court....

...Accordingly, we have no jurisdiction to consider in the first instance a direct challenge of an action of the clerk of the circuit court. Because the appellant does not argue that the trial court committed error, we affirm the order on appeal. BOOTH, VAN NORTWICK AND PADOVANO, JJ., concur. . Section 28.241(l)(b), Florida Statutes (2003), provides in pertinent part: A party reopening any civil action, suit, or proceeding in the circuit court shall pay to the clerk of court a filing fee set by the clerk in an amount not to exceed $50.......

...(exempting any “criminal proceeding or collateral criminal proceeding” from section 57.085). Thus, Appellant was subject to the requirements of section 57.085(2) if he sought to proceed without prepayment of the filing fee he otherwise owed under section 28.241(1), Florida Statutes. Before the trial court, Appellant never disputed that he failed to meet the court’s deadline for filing the documents required by section 57.085(2)....

...ndamus petition— without prejudice—after Browning failed to file the prisoner trust account records required for him to qualify for indigency status and to proceed with his civil action while deferring prepayment of the filing fee required under section 28.241, Florida Statutes....

...or boundaries of real property. All matters involving foreclosures or sales of real property, including foreclosures associated with condominium associations or condominium units. (The amount of claim specified in Section II. of the form determines the filing fee pursuant to section 28.241, Florida Statutes.) (R) Commercial foreclosure—all matters relating to the termination of a business owner’s interest in commercial property by a lender to gain title or force a sale to satisfy the unpaid debt secured by...

...he Municipal Court was mandatory and jurisdictional to perfect the appeal. The Municipal Court order was rendered June 28, 1968. Notice of appeal was presented to the Clerk of the Municipal Court timely, but the filing fee of $3.50, as required by F.S. 28.241(3), F.S.A....

...ly filed. These are the only three cases we have found decided in Florida, but we do find the question raised and answered in other jurisdictions. In Citron v. Hazeltine, 227 Or. 330 , 361 P.2d 1011 , where a statute existed which is very similar to Section 28.241(3), Florida Statute, the Supreme Court of Oregon said the notice of appeal was not filed within the contemplation of the statute until the fee was paid, and therefore, unless the filing fee was paid within the time fixed for taking appeals, the appeal would be dismissed....

...t, where the ground therefor was failure to timely pay the filing fee. This court affirmed Judge Murphree. In the case sub judice, the same Judge Murphree granted a motion to dismiss the appeal to his court because the filing fee as provided by F.S. Section 28.241(3), F.S.A....