Florida Statutes
Fla. Stat. § 47.191 (2025)
Change of venue; payment of costs.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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47.191 Change of venue; payment of costs.—No change of venue shall be granted except on condition that the movant, unless otherwise provided by the order of transfer, shall pay all costs that have accrued in the action including the required transfer fee. No change is effective until the costs are paid.
History.—s. 3, ch. 373, 1851; RS 1077; GS 1478; RGS 2678; CGL 4345; s. 3, ch. 67-254; s. 2, ch. 89-84.
Note.—Former s. 53.12.
Notes of Decisions
Cited in 15
cases, 1974–2012 · leading case: Vasilinda v. Lozano, 631 So. 2d 1082 (Fla. 1994).
Vasilinda v. Lozano, 631 So. 2d 1082 (Fla. 1994). “Changes of venue in civil cases do not become effective until the court file has been received in the transferee court and costs and service charges required by section 47.191, Florida Statutes (1991), and Florida Rule of Civil Procedure 1.”
Hernandez v. State, 64 So. 3d 1175 (Fla. 2011). “Changes of venue in civil cases do not become effective until the court file has been received in the transferee court and costs and service charges required by section 47.191, Florida Statutes (1991), and Florida Rule of Civil Procedure 1.”
Cottingham v. State, 656 So. 2d 597 (Fla. 1st DCA 1995). “The state’s motion to dismiss contains a representation that on September 26, 1994, plaintiffs paid the filing fee required by section 47.191, Florida Statutes and Rule 1.”
Cottingham v. State, 672 So. 2d 28 (Fla. 1996). “Once the change is effective, appellate jurisdiction is properly in the district court of appeal which serves as the appellate court for the transferee court, even if the order changing venue is at issue.”
Thornton v. Deberry by Deberry, 548 So. 2d 1177 (Fla. 4th DCA 1989). “See generally § 47.191, Fla. Stat. (1985). Therefore, the orders of the trial court are affirmed.”
Church of Scientology of California, Inc. v. Cazares, 401 So. 2d 810 (Fla. 2d DCA 1981). “§ 47.191, Fla.Stat. (1979). Accordingly, we vacate the court’s order, remand, and direct the trial court to enter an order transferring venue in accordance with section 47.”
Thornton v. DeBerry ex rel. DeBerry, 548 So. 2d 1177 (Fla. 4th DCA 1989). “See generally § 47.191, Fla.Stat. (1985). Therefore, the orders of the trial court are affirmed.”
State v. Erber, 560 So. 2d 1255 (Fla. 5th DCA 1990). “Section 47.191 provides no change is effective until costs are paid.”
Attorneys' Title Ins. Fund, Inc. v. North River Insurnce Co., 634 So. 2d 731 (Fla. 4th DCA 1994). “In civil cases changes of venue do not become effective until the court file has been received in the transferee court and costs and service charges required by section 47.191, Florida Statutes, and Florida Rule of Civil Procedure 1.”
Harnden v. Iding, 415 So. 2d 143 (Fla. 1st DCA 1982). “However, the trial court neglected to order the moving party to pay costs as provided under section 47.191, Florida Statutes (1981). We therefore remand so the order may be amended to require the movant to pay the taxable costs.”
Gundersen v. Powell, 340 So. 2d 1252 (Fla. 2d DCA 1976). “The trial judge found that appellant/defendant had not satisfied the requirements of Section 47.191, Florida Statutes, because he failed to pay the costs which had accrued in the Hillsborough County action and that thereby the order transferring venue was ineffective.”
Accetturo v. Am. Fid. Life Ins. Co., 682 So. 2d 673 (Fla. 1st DCA 1996). “Appellant was successful in having this order vacated, based on her claim that under section 47.191, Florida Statutes (1993), the party moving for the change of venue must pay the transfer fee.”
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