Florida Statute 34.041 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 34
COUNTY COURTS

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F.S. 34.041

34.041 Filing fees.—

(1)(a) Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have elapsed since the filing of a final order or final judgment with the clerk. If a fee is not paid upon the filing of the pleading as required under this section, the clerk shall pursue collection of the fee pursuant to s. 28.246. Upon the institution of any civil action, suit, or proceeding in county court, the party shall pay the following filing fee, not to exceed:

1. For all claims less than $100..........$50.

2. For all claims of $100 or more but not more than $500..........$75.

3. For all claims of more than $500 but not more than $2,500: $170, from which the clerk shall remit $20 to the Department of Revenue for deposit into the General Revenue Fund.

4. For all claims of more than $2,500 but not more than
$15,000..........$295.

5. For all claims more than $15,000..........$395.

6. In addition, for all proceedings of garnishment, attachment, replevin, and distress: $85, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund.

7. Notwithstanding subparagraphs 3. and 6., for all claims of not more than $1,000 filed simultaneously with an action for replevin of property that is the subject of the claim..........$125.

8. For removal of tenant action..........$180.

The filing fee in subparagraph 7. is the total fee due under this paragraph for that type of filing, and no other filing fee under this paragraph may be assessed against such a filing.

(b) The first $15 of the filing fee collected under subparagraph (a)4. and the first $10 of the filing fee collected under subparagraph (a)8. shall be deposited in the State Courts Revenue 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 performance of court-related functions to the Department of Revenue for deposit into the Clerks of the Court Trust Fund. An additional filing fee of $4 shall be paid to the clerk. The clerk shall transfer $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall transfer 50 cents to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund clerk education provided by the Florida Clerks of Court Operations Corporation. 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 in this section, 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 in this section, all filing fees shall be retained as fee income of the office of the clerk of the circuit court. Filing fees imposed by this section may not be added to any penalty imposed by chapter 316 or chapter 318.

(c) A party in addition to a party described in paragraph (a) who files a pleading in an original civil action in the county court for affirmative relief by cross-claim, counterclaim, counterpetition, or third-party complaint, or who files a notice of cross-appeal or notice of joinder or motion to intervene as an appellant, cross-appellant, or petitioner, shall pay the clerk of court a fee of $295 if the relief sought by the party under this paragraph exceeds $2,500 but is not more than $15,000 and $395 if the relief sought by the party under this paragraph exceeds $15,000. The clerk shall remit the fee if the relief sought by the party under this paragraph exceeds $2,500 but is not more than $15,000 to the Department of Revenue for deposit into the General Revenue Fund. This fee does not apply if the cross-claim, counterclaim, counterpetition, or third-party complaint requires transfer of the case from county to circuit court. However, the party shall pay to the clerk the standard filing fee for the court to which the case is to be transferred.

(d) The clerk of court shall collect a service charge of $10 for issuing a summons or an electronic certified copy of a summons, which the clerk shall deposit into the fine and forfeiture fund established pursuant to s. 142.01. The clerk shall assess the fee against the party seeking to have the summons issued.

(e) Of the first $200 in filing fees payable under subparagraph (a)5., $195 must be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund, $4 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services and used to fund the contract with the Florida Clerks of Court Operations Corporation created in s. 28.35, and $1 must be remitted to the Department of Revenue for deposit into the Administrative Trust Fund within the Department of Financial Services to fund audits of individual clerks’ court-related expenditures conducted by the Department of Financial Services. By the 10th day of each month, the clerk shall submit that portion of the filing fees collected pursuant to this subsection in the previous month which is in excess of one-twelfth of the clerk’s total budget to the Department of Revenue for deposit into the Clerks of the Court Trust Fund.

(2) A party reopening any civil action, suit, or proceeding in the county court shall pay to the clerk of court a filing fee set by the clerk in an amount not to exceed $25 for all claims of not more than $500 and an amount not to exceed $50 for all claims of more than $500. For purposes of this section, a case is reopened after all appeals have been exhausted, or time to file an appeal from a final order or final judgment has expired. A reopen fee may be assessed by the clerk for any motion filed by any party at least 90 days after a final order or final judgment has been filed with the clerk in the initial case. A reservation of jurisdiction by a court does not cause a case to remain open for purposes of this section or exempt a party from paying a reopen fee. A party is exempt from paying the fee for any of the following:

(a) A writ of garnishment;

(b) A writ of replevin;

(d) A writ of attachment;

(e) A motion for rehearing filed within 10 days;

(f) A motion for attorney’s fees filed within 30 days of the entry of the judgment or final order;

(g) A motion for dismissal filed after a mediation agreement has been filed;

(h) A motion to withdraw by attorneys;

(i) Stipulations and motions to enforce stipulations;

(j) Responsive pleadings; or

(k) Motions for contempt.

(3) If a nonindigent party fails to pay accrued costs, 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 pending case.

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

(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. If the party is determined to be indigent, the clerk shall defer payment of the fee.

(6) 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.

(7) For purposes of this section, the term “party” includes a county or municipality filing any civil action.

(8) From each attorney appearing pro hac vice, the clerk must collect a fee of $100 for deposit into 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; s. 32, ch. 2004-265; s. 11, ch. 2008-111; ss. 7, 20, ch. 2009-61; s. 7, ch. 2009-204; s. 17, ch. 2010-162; s. 2, ch. 2011-133; s. 6, ch. 2012-100; s. 9, ch. 2013-44; s. 10, ch. 2019-58; s. 5, ch. 2024-153.

F.S. 34.041 on Google Scholar

F.S. 34.041 on Casetext

Amendments to 34.041

Arrestable Offenses / Crimes under Fla. Stat. 34.041

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 34.041.

Annotations, Discussions, Cases:

Cases Citing Statute 34.041

Total Results: 20

IRENE FISHER v. ABERDEEN GOLF & COUNTRY CLUB, INC.

Court: District Court of Appeal of Florida | Date Filed: 2022-12-07

Snippet: account a mechanism for complying with section 34.041, Florida Statutes (2020), which provides for varying

Jerry Leon Haliburton v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2021-06-17

Snippet: our instruction in Sireci v. State, 773 So. 2d 34, 41 n.14 (Fla. 2000). We therefore affirm the denial

Florida Department of Revenue and Florida Department etc. v. Brenda Forman, in her official capacity as the Clerk etc.

Court: District Court of Appeal of Florida | Date Filed: 2019-05-16

Citation: 273 So. 3d 223

Snippet: 28.241(1)(c)1., 28.241(1)(c)2., 34.041(1), 34.041(1)(c), & 44.108(1), Fla. Stat.

Jachimski v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-03-20

Citation: 162 So. 3d 302, 2015 Fla. App. LEXIS 4020, 2015 WL 1259615

Snippet: were sections 34.041(5), 28.241(2), and 28.246(4), Florida Statutes (2013). Sections 34.041(5) and 28.241(2)

Ledger v. City of St. Petersburg

Court: District Court of Appeal of Florida | Date Filed: 2014-03-26

Citation: 135 So. 3d 496, 2014 WL 1227172

Snippet: the lower court to the circuit court, sections 34.041(5), 28.241(2), and 28.246(4), Florida Statutes

Johnston v. State

Court: Supreme Court of Florida | Date Filed: 2011-09-08

Citation: 70 So. 3d 472, 2011 WL 1584583

Snippet: Court's instruction in Sireci v. State, 773 So.2d 34, 41 n. 14 (Fla.2000): (1) Johnston's judgment and death

Crist v. Ervin

Court: Supreme Court of Florida | Date Filed: 2010-11-04

Citation: 56 So. 3d 745, 2010 WL 4340822

Snippet: sections 28.24(1)(a), 28.241(a)(2)(d), 28.241(2), 34.041(1)(b), and 28.2455, Florida Statutes (2009), are

14th & Heinberg, LLC v. Terhaar & Cronley General Contractors, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-09-07

Citation: 43 So. 3d 877, 2010 Fla. App. LEXIS 13315, 2010 WL 3464416

Snippet: 14th & Heinberg, L.L.C. v. Henricksen, 877 So.2d 34, 41 (Fla. 1st DCA 2004). On remand, a bench trial was

ZARRA v. Burke

Court: District Court of Appeal of Florida | Date Filed: 2010-02-24

Citation: 28 So. 3d 191, 2010 Fla. App. LEXIS 2073, 2010 WL 624174

Snippet: proper interpretation of sections 28.241(l)(b) and 34.041(2), Florida Statutes (2008), which allow the clerk

Floyd v. State

Court: Supreme Court of Florida | Date Filed: 2009-06-04

Citation: 18 So. 3d 432, 34 Fla. L. Weekly Supp. 359, 2009 Fla. LEXIS 860, 2009 WL 1544273

Snippet: on direct appeal. See Sireci v. State, 773 So.2d 34, 41 n. 11 (Fla.2000). Since a challenge to the leg

In Re Amendments to Florida Rules of Appellate Procedure

Court: Supreme Court of Florida | Date Filed: 2009-01-29

Citation: 1 So. 3d 166, 34 Fla. L. Weekly Supp. 60, 2009 Fla. LEXIS 128, 2009 WL 196416

Snippet: §§ 1, 11, 13, Laws of Fla. (amending §§ 25.241, 34.041, 35.22, Fla. Stat.). The legislation became effective

McNeil v. Cox

Court: Supreme Court of Florida | Date Filed: 2008-12-04

Citation: 997 So. 2d 343, 2008 WL 5083513

Snippet: filings are subject to such costs. See, e.g., §§ 34.041, 35.22, Fla. Stat. (2005). Florida's indigency

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-09-24

Snippet: by ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the purpose of securing payment of the principal

Braswell v. Ryan Investments, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 2008-07-09

Citation: 989 So. 2d 38, 2008 Fla. App. LEXIS 10297, 2008 WL 2663695

Snippet: Cyclopedia of the Law of Private Corporations §§ 41.34, 41.70 (rev. 2006). This conclusion, which is nothing

Rhodes v. State

Court: Supreme Court of Florida | Date Filed: 2008-07-03

Citation: 986 So. 2d 501, 2008 WL 657532

Snippet: preservation purposes only. See Sireci v. State, 773 So.2d 34, 41 n. 14 (2000) (directing petitioners wishing to

Burke v. Esposito

Court: District Court of Appeal of Florida | Date Filed: 2008-01-11

Citation: 972 So. 2d 1024, 2008 WL 108786

Snippet: "previously reported as disposed of." See also § 34.041(2), Fla. Stat. (2005) (providing similar provisions

Schmidt v. McDonough

Court: Supreme Court of Florida | Date Filed: 2006-12-21

Citation: 951 So. 2d 797, 2006 WL 3740999

Snippet: filings are subject to such costs. See, e.g., §§ 34.041, 35.22, Fla. Stat. (2005). Both the general indigency

City of Pompano Beach v. Forman

Court: District Court of Appeal of Florida | Date Filed: 2006-02-01

Citation: 919 So. 2d 692, 2006 Fla. App. LEXIS 1157, 2006 WL 229902

Snippet: "[i]n lieu of payment of a filing fee under s. 34.041, a filing fee of $10 shall be paid by a county

Rogers v. Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2005-10-18

Citation: 920 So. 2d 27, 2005 Fla. App. LEXIS 16464, 2005 WL 2649177

Snippet: exceptions of the Department relating to paragraphs 34, 41, and 42 of the recommended order. Given the adoption

Robinson v. State

Court: Supreme Court of Florida | Date Filed: 2005-07-07

Citation: 913 So. 2d 514, 2005 WL 1577414

Snippet: Court's direction in Sireci v. State, 773 So.2d 34, 41 n. 14 (Fla.2000). In any event, this Court has