Florida Statute 44.108 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

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F.S. 44.108

44.108 Funding of mediation and arbitration.—

(1) Mediation and arbitration should be accessible to all parties regardless of financial status. A filing fee of $1 is levied on all proceedings in the circuit or county courts to fund mediation and arbitration services which are the responsibility of the Supreme Court pursuant to the provisions of s. 44.106. The clerk of the court shall forward the moneys collected to the Department of Revenue for deposit in the State Courts Revenue Trust Fund.

(2) When court-ordered mediation services are provided by a circuit court’s mediation program, the following fees, unless otherwise established in the General Appropriations Act, shall be collected by the clerk of court:

(a) One-hundred twenty dollars per person per scheduled session in family mediation when the parties’ combined income is greater than $50,000, but less than $100,000 per year;

(b) Sixty dollars per person per scheduled session in family mediation when the parties’ combined income is less than $50,000; or

(c) Sixty dollars per person per scheduled session in county court cases involving an amount in controversy not exceeding $15,000.

No mediation fees shall be assessed under this subsection in residential eviction cases, against a party found to be indigent, or for any small claims action. Fees collected by the clerk of court pursuant to this section shall be remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund to fund court-ordered mediation. The clerk of court may deduct $1 per fee assessment for processing this fee. The clerk of the court shall submit to the chief judge of the circuit and to the Office of the State Courts Administrator, no later than 30 days after the end of each quarter of the fiscal year, a report specifying the amount of funds collected and remitted to the State Courts Revenue Trust Fund under this section and any other section during the previous quarter of the fiscal year. In addition to identifying the total aggregate collections and remissions from all statutory sources, the report must identify collections and remissions by each statutory source.

History.—s. 6, ch. 89-31; s. 8, ch. 90-188; s. 6, ch. 91-152; s. 8, ch. 2001-122; s. 12, ch. 2001-380; s. 66, ch. 2003-402; s. 44, ch. 2004-265; s. 33, ch. 2005-236; s. 24, ch. 2008-111; s. 12, ch. 2010-153; s. 4, ch. 2011-133; s. 11, ch. 2019-58.

Note.—Former s. 44.308.

F.S. 44.108 on Google Scholar

F.S. 44.108 on Casetext

Amendments to 44.108

Arrestable Offenses / Crimes under Fla. Stat. 44.108

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 44.108.

Annotations, Discussions, Cases:

Cases Citing Statute 44.108

Total Results: 10

In Re: Amendments to Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2024-06-27T00:00:00-07:00

Snippet: mediator’s fee is not established under section 44.108, Florida Statutes, or when there is no written

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-16T00:53:00-07:00

Snippet: .241(1)(c)2., 34.041(1), 34.041(1)(c), & 44.108(1), Fla. Stat. The Clerk alleged this redistribution

Alexander v. Quail Pointe II Condominium

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-06T00:00:00-08:00

Citation: 170 So. 3d 817, 2015 Fla. App. LEXIS 3148, 2015 WL 965668

Snippet: , 1.800, 1.810, and 1.820 together with section 44.108, Florida Statutes. The form notice encourages the…Procedure 1.700, 1.800, 1.810, and 1.820; section 44.108, Florida Statutes; and Rules 11.010 through 11.130

Interstate Fire & Casualty Co. v. Abernathy

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-24T00:00:00-07:00

Citation: 93 So. 3d 352, 2012 WL 1883116, 2012 Fla. App. LEXIS 8278

Snippet: Union, AFL-CIO v. Misco, Inc., 484 U.S. 29, 42-44, 108 S.Ct. 364, 98 L.Ed.2d 286 (1987) ("[A] court

In re Amendments to the Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2005-06-02T00:00:00-07:00

Citation: 905 So. 2d 865, 30 Fla. L. Weekly Supp. 408, 2005 Fla. LEXIS 1216, 2005 WL 1298100

Snippet: 12.740, Family Mediation, to reference section 44.108, Florida Statutes, which was amended in 2004 to…mediator’s fee is not established under section 44.108, Florida Statutes, or when there is no written

Gallardo v. Scott

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-26T00:00:00-07:00

Citation: 821 So. 2d 1237, 2002 Fla. App. LEXIS 10670, 2002 WL 1724050

Snippet: an arbitration program is funded pursuant to s. 44.108, volunteer arbitrators shall be entitled to be

Ago

Court: Fla. Att'y Gen. | Date Filed: 2002-01-22T23:53:00-08:00

Snippet: the service charge set forth in s. 44.108(1), (2) or (3), s. 44.108(4), Fla. Stat., requires the clerk…resolution account established pursuant to section 44.108, Florida Statutes. The question raised is whether…implemented a mediation program pursuant to section 44.108, Florida Statutes. The statute recognizes that …'s general revenue fund. Similarly, section 44.108, Florida Statutes, recognizes that the service …uses of the funds collected pursuant to section 44.108. Accordingly, I am of the opinion that funds generated

Hunter v. State

Court: Fla. | Date Filed: 1995-06-01T00:53:00-07:00

Citation: 660 So. 2d 244

Snippet: ] See Lowenfield v. Phelps, 484 U.S. 231, 241-44, 108 S.Ct. 546, 553-54, 98 L.Ed.2d 568, 579-81 (1988

Ago

Court: Fla. Att'y Gen. | Date Filed: 1993-05-14T00:53:00-07:00

Snippet: included on the council. 2 Section 44.108(1), F.S. Section 44.108(2) and (3), F.S., authorize a board…, and a service charge is levied pursuant to s. 44.108(1), F.S., to support mediation and arbitration …the board of county commissioners pursuant to s. 44.108(1), F.S., must be forwarded to the Office of the…resolution center pursuant to s. 44.201, F.S. Section 44.108, F.S., provides for funding of mediation and arbitration… all parties regardless of financial status, s. 44.108(1) states that each board of county commissioners

Thompson v. City of Key West

Court: Fla. | Date Filed: 1955-03-16T00:00:00-08:00

Citation: 82 So. 2d 749, 1955 Fla. LEXIS 3962

Snippet: in 16 Mc-Quillin, Municipal Corporations, Sec. 44.-108: • . - “ * * * The purpose of the requirement is