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CS/SB 1718--State Judicial System (Judicial Administration Law)

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eBook details

  • Title: CS/SB 1718--State Judicial System (Judicial Administration Law)
  • Author : Florida Bar News
  • Release Date : January 01, 2009
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

This budget conforming bill changes various laws related to the state courts system. More specifically, it: amends [section]26.57, F.S., to allow the courts to pay a county judge at the circuit judge salary for that time the county judge presides over circuit court--subject to the availability of funds; amends [section]27.511, F.S., to remove the expiration of the authorization for part-time assistant regional conflict counsel to have a private criminal law practice--such counsel may not take cases where there is a legal or ethical conflict, and assistant regional conflict counsel continue to be prohibited from taking private court appointed counsel cases paid by the state under [section]27.5304, F.S.; amends [section]27.562, F.S., to direct that all funds collected on behalf of the public defender for the cost of defense as well as the indigent application fee be deposited in the Indigent Criminal Defense Trust Fund; effective June 1, 2009, amends [section]28.2401, F.S., to rename certain probate service charges as filing fees, and increases such fees by $115--the additional amount of the fee is to be deposited in the State Courts Revenue Trust Fund for appropriations to the state court system; effective June 1, 2009, amends [section]28.241 relating to circuit civil filing fees--except for family law cases in chs. 39, 61, 741, 742, 747, 752, or 753, F.S., the circuit civil filing fee is increased from $295 to $395, with such increase to be deposited in the State Courts Revenue Trust Fund for appropriations to the state court system, and $80 of the circuit civil filing fee to be redirected from the clerk of the courts to the State Courts Revenue Trust Fund; effective June 1, 2009, creates a graduated filing fee for real property or mortgage foreclosure cases--with the filing fee at $395 where the amount in controversy is $50,000 or less, $900 where the amount in controversy is more than $50,000 but less than $250,000, and $1,900 where the amount in controversy is $250,000 or more (the value of the case with respect to a mortgage foreclosure action includes the principal due, interest owed, and any advances by the lender such as for property taxes or insurance) and the increase in the filing fees over the current amount of $295 is to be deposited in the State Courts Revenue Trust Fund for appropriations to the state court system (the party must estimate the amount in controversy in filing the action and, if the amount is different in the final disposition, the clerk shall adjust the filing fee accordingly); effective June 1, 2009, clarifies that counter petitions, along with cross-claims, counterclaims, and third party complaints, must pay increased filing fee of $395, except in the case of family law cases where the fee remains $295; effective June 1, 2009, increases the filing fee for cross-claims, counter petitions, counterclaims, and third party complaints from $295 to $395--to be deposited in the General Revenue Fund; effective June 1, 2009, requires that parties who file cross-claims, counter petitions, counterclaims, or third party complaints related to real property or mortgage foreclosure cases would pay the $900 where the amount in controversy is more than $50,000 but less than $250,000 and $1,900 where the amount in controversy is $250,000 or more; amends [section]28.33, F.S., to specify that interest earned on county funds invested by the clerk shall be deemed income of the county and may be appropriated by the Board of County Commissioners pursuant to ch. 129, F.S.; amends [section]34.041, F.S., to create a reduced filing fee of $125 (rather than $170) for county court claims not exceeding $1,000 where there is also a simultaneous filing for replevin of property that is the subject of the claim; further amends [section]34.041, F.S., to reduce the county court filing fee for a removal of tenant action from $265 to $180--reducing the amount of such fees going to the Mediation and Arbitration Trust Fund from $15 to $1


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