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Florida Statute 28.241 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 28
CLERKS OF THE CIRCUIT COURTS
View Entire Chapter
F.S. 28.241
28.241 Filing fees for trial and appellate proceedings.
(1) 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.
(a)1.a. Except as provided in sub-subparagraph b. and subparagraph 2., the party instituting any civil action, suit, or proceeding in the circuit court shall pay to the clerk of that court a filing fee of up to $395 in all cases in which there are not more than five defendants and an additional filing fee of up to $2.50, from which the clerk shall remit $0.50 to the Department of Revenue for deposit into the General Revenue Fund, for each defendant in excess of five. Of the first $200 in filing fees, $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.
b. The party instituting any civil action, suit, or proceeding in the circuit court under chapter 39, chapter 61, chapter 741, chapter 742, chapter 747, chapter 752, or chapter 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. Of the first $100 in filing fees, $95 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.
c. An additional filing fee of $4 shall be paid to the clerk. The clerk shall remit $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall remit 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. An additional filing fee of up to $18 shall be paid by the party seeking each severance that is granted, from which the clerk shall remit $3 to the Department of Revenue for deposit into the General Revenue Fund. The clerk may impose an additional filing fee of up to $85, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, for all proceedings of garnishment, attachment, replevin, and distress. Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties shall be paid by the party at whose instance service is made. Additional fees, charges, or costs may not be added to the filing fees imposed under this section, except as authorized in this section or by general law.
2.a. Notwithstanding the fees prescribed in subparagraph 1., a party instituting a civil action in circuit court relating to real property or mortgage foreclosure shall pay a graduated filing fee based on the value of the claim.
b. A party shall estimate in writing the amount in controversy of the claim upon filing the action. For purposes of this subparagraph, the value of a mortgage foreclosure action is based upon the principal due on the note secured by the mortgage, plus interest owed on the note and any moneys advanced by the lender for property taxes, insurance, and other advances secured by the mortgage, at the time of filing the foreclosure. The value shall also include the value of any tax certificates related to the property. In stating the value of a mortgage foreclosure claim, a party shall declare in writing the total value of the claim, as well as the individual elements of the value as prescribed in this sub-subparagraph.
c. In its order providing for the final disposition of the matter, the court shall identify the actual value of the claim. 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.
d. The party shall pay a filing fee of:
(I) Three hundred and ninety-five dollars in all cases in which the value of the claim is $50,000 or less and in which there are not more than five defendants. The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $200 in filing fees, $195 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue 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;
(II) Nine hundred dollars in all cases in which the value of the claim is more than $50,000 but less than $250,000 and in which there are not more than five defendants. The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $355 in filing fees, $350 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue 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; or
(III) One thousand nine hundred dollars in all cases in which the value of the claim is $250,000 or more and in which there are not more than five defendants. The party shall pay an additional filing fee of up to $2.50 for each defendant in excess of five. Of the first $1,705 in filing fees, $930 must be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund, $770 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 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.
e. An additional filing fee of $4 shall be paid to the clerk. The clerk shall remit $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall remit 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. An additional filing fee of up to $18 shall be paid by the party seeking each severance that is granted. The clerk may impose an additional filing fee of up to $85 for all proceedings of garnishment, attachment, replevin, and distress. Postal charges incurred by the clerk of the circuit court in making service by certified or registered mail on defendants or other parties shall be paid by the party at whose instance service is made. Additional fees, charges, or costs may not be added to the filing fees imposed under this section, except as authorized in this section or by general law.
(b) 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. 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:
1. A writ of garnishment;
2. A writ of replevin;
3. A distress writ;
4. A writ of attachment;
5. A motion for rehearing filed within 10 days;
6. A motion for attorney’s fees filed within 30 days after entry of a judgment or final order;
7. A motion for dismissal filed after a mediation agreement has been filed;
8. A disposition of personal property without administration;
9. Any probate case prior to the discharge of a personal representative;
10. Any guardianship pleading prior to discharge;
11. Any mental health pleading;
12. Motions to withdraw by attorneys;
13. Motions exclusively for the enforcement of child support orders;
14. A petition for credit of child support;
15. A Notice of Intent to Relocate and any order issuing as a result of an uncontested relocation;
16. Stipulations and motions to enforce stipulations;
17. Responsive pleadings;
18. Cases in which there is no initial filing fee; or
19. Motions for contempt.
(c)1. A party in addition to a party described in sub-subparagraph (a)1.a. who files a pleading in an original civil action in circuit court for affirmative relief by cross-claim, counterclaim, counterpetition, or third-party complaint shall pay the clerk of court a fee of $395. A party in addition to a party described in sub-subparagraph (a)1.b. who files a pleading in an original civil action in circuit court for affirmative relief by cross-claim, counterclaim, counterpetition, or third-party complaint shall pay the clerk of court a fee of $295. The clerk shall deposit the fee into the fine and forfeiture fund established pursuant to s. 142.01.
2. A party in addition to a party described in subparagraph (a)2. who files a pleading in an original civil action in circuit court for affirmative relief by cross-claim, counterclaim, counterpetition, or third-party complaint shall pay the clerk of court a graduated fee of:
a. Three hundred and ninety-five dollars in all cases in which the value of the pleading is $50,000 or less;
b. Nine hundred dollars in all cases in which the value of the pleading is more than $50,000 but less than $250,000; or
c. One thousand nine hundred dollars in all cases in which the value of the pleading is $250,000 or more.

The clerk shall deposit the fees collected under this subparagraph into the fine and forfeiture fund established pursuant to s. 142.01.

(d) The clerk of court shall collect a service charge of $10 for issuing an original, a certified copy, 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.
(2) Upon the institution of any appellate proceeding from any lower court to the circuit court of any such county, including appeals filed by a county or municipality as provided in s. 34.041(5), or from the county or circuit court to an appellate court of the state, the clerk shall charge and collect from the party or parties instituting such appellate proceedings a filing fee, as follows:
(a) For filing a notice of appeal from the county court to the circuit court, a filing fee not to exceed $280.
(b) For filing a notice of appeal from the county or circuit court to the district court of appeal or to the Supreme Court, in addition to the filing fee required under s. 25.241 or s. 35.22, a filing fee not to exceed $100, of which the clerk shall remit $20 to the Department of Revenue for deposit into the General Revenue Fund. If the party is determined to be indigent, the clerk shall defer payment of the fee otherwise required by this subsection.
(3) A filing fee may not be imposed upon a party for responding by pleading, motion, or other paper to a civil or criminal action, suit, proceeding, or appeal in a circuit court.
(4) The fees prescribed in this section do not include the service charges required by law for the clerk as provided in s. 28.24 or by other sections of the Florida Statutes. Filing fees authorized by this section may not be added to any civil penalty imposed by chapter 316 or chapter 318.
(5) Filing fees for the institution or reopening of any civil action, suit, or proceeding in county court shall be charged and collected as provided in s. 34.041.
(6) From each attorney appearing pro hac vice, the clerk of the circuit court shall collect a fee of $100. The clerk must remit the fee to the Department of Revenue for deposit into the State Courts Revenue Trust Fund.
(7) Nothing in this section authorizes the assessment of a filing fee if the assessment is otherwise prohibited by law.
History.ss. 3, 4, 5, 6, 7, 8, ch. 26931, 1951; ss. 3, 4, 5, ch. 29749, 1955; ss. 1, 2, ch. 57-322; s. 1, ch. 63-47; s. 1, ch. 63-43; s. 6, ch. 70-134; s. 1, ch. 74-154; s. 4, ch. 75-124; s. 1, ch. 77-174; s. 3, ch. 77-284; s. 2, ch. 82-168; s. 2, ch. 82-205; s. 10, ch. 83-217; s. 122, ch. 86-220; s. 4, ch. 87-145; s. 1, ch. 87-231; s. 2, ch. 88-176; s. 6, ch. 89-290; s. 1, ch. 90-181; s. 69, ch. 90-271; s. 3, ch. 91-152; s. 162, ch. 95-147; s. 3, ch. 96-209; s. 1, ch. 96-350; s. 14, ch. 96-354; s. 1, ch. 97-155; s. 12, ch. 99-277; s. 6, ch. 2001-122; s. 2, ch. 2002-55; ss. 31, 32, ch. 2003-402; s. 19, ch. 2004-265; s. 3, ch. 2006-245; s. 8, ch. 2008-111; ss. 5, 20, ch. 2009-61; s. 1, ch. 2009-204; s. 11, ch. 2010-162; s. 1, ch. 2011-133; s. 4, ch. 2012-100; s. 1, ch. 2012-138; s. 3, ch. 2013-44; s. 2, ch. 2017-126; ss. 3, 4, ch. 2018-118; s. 1, ch. 2019-42; s. 8, ch. 2019-58; s. 3, ch. 2021-116; s. 3, ch. 2023-284.

F.S. 28.241 on Google Scholar

F.S. 28.241 on Casetext

Amendments to 28.241


Arrestable Offenses / Crimes under Fla. Stat. 28.241
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 28.241.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA DEPARTMENT OF REVENUE v. FORMAN,, 273 So. 3d 223 (Fla. App. Ct. 2019)

. . . See §§ 28.2401(1), 28.241(1)(a)1.a., 28.241(1)(a)1.b., 28.241(1)(a)2., 28.241(1)(c)1., 28.241(1)(c)2. . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 199 So. 3d 867 (Fla. 2016)

. . . Check the category that includes the estimate of the amount in controversy of the claim (section 28.241 . . . Check the category that includes the estimate of the amount in controversy of the claim (section 28.241 . . . Check the category that includes the estimate of the amount in controversy of the claim (section 28.241 . . .

WELLS FARGO BANK, NATIONAL II v. N. SAWH,, 194 So. 3d 475 (Fla. Dist. Ct. App. 2016)

. . . In accordance with section 28.241 of the Florida Statutes governing, filing fees, Wells Fargo also filed . . . See § 28.241(l)(a)2.a., Fla. . . . was $3,331,190.81, an amount which alone exceeded the $250,000 minimum threshold stated in section 28.241 . . . Section 28.241 (which is included in that part of the Florida Statutes governing the clerks of Florida . . . Here, the section 28.241(l)(a)2.b. estimate filed by Choice, Wells Fargo’s then legal representative, . . .

JACHIMSKI, v. STATE, 162 So. 3d 302 (Fla. Dist. Ct. App. 2015)

. . . Jachimski’s motion were sections 34.041(5), 28.241(2), and 28.246(4), Florida Statutes (2013). . . . Sections 34.041(5) and 28.241(2) contain language indicating that if a party is determined to be indigent . . .

LEDGER, v. CITY OF ST. PETERSBURG, v. St. v. St., 135 So. 3d 496 (Fla. Dist. Ct. App. 2014)

. . . litigants initiated appellate proceedings from the lower court to the circuit court, sections 34.041(5), 28.241 . . . Section 28.241(2) provides that in circuit court appellate proceedings, “[i]f the party is determined . . . filed by a county or municipality, the clerk shall charge and collect filing fees as provided in s. 28.241 . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 131 So. 3d 643 (Fla. 2013)

. . . Check the category that includes the estimate of the amount in controversy of the claim (section 28.241 . . . Check the category that includes the estimate of the amount in controversy of the claim (section 28.241 . . . Check the category that includes the estimate of the amount in controversy of the claim (section 28.241 . . . Check the category that includes the estimate of the amount in controversy of the claim (section 28.241 . . .

CAMM, Lu, v. SCOTT, I, H., 834 F. Supp. 2d 1342 (M.D. Fla. 2011)

. . . . § 28.241(l)(c) provides that: A party [in a civil action. in a circuit court relating to real property . . . Stat. § 28.241(l)(e). . . . Stat. § 28.241(l)(c) and the dismissal of compulsory claims for failing to pay such filing fees, and . . . Stat. §§ 28.241(l)(a), 28.241(a)(2)(d), 28.241(2), 34.041(l)(b) and 28.2455, Florida Statutes (2009) . . . Stat. § 28.241(l)(e) violates Article I, section 21, of the Florida Constitution. . . .

CRIST, v. M. ERVIN, v. M. ERVIN,, 56 So. 3d 745 (Fla. 2010)

. . . Specifically, the trial court ruled that provisions of sections 28.24(1)(a), 28.241(a)(2)(d), 28.241( . . . See §§ 28.241(l)(a)l.a.; 28.241(l)(a)2.d.; 28.241(2), Fla. . . .

N. ZARRA LLC v. BURKE,, 28 So. 3d 191 (Fla. Dist. Ct. App. 2010)

. . . Once again, the issue sought to be raised is the proper interpretation of sections 28.241(l)(b) and 34.041 . . . The definition of “disposition” contained therein was not intended to apply in the context of section 28.241 . . . asked the circuit court to determine the proper definition of the term “disposed of’ under sections 28.241 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE- MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, 30 So. 3d 477 (Fla. 2009)

. . . Check the category that includes the estimate of the amount in controversy of the claim (section 28.241 . . . Check the category that includes the estimate of the amount in controversy of the claim (section 28.241 . . . Check the category that includes the estimate of the amount in controversy of the claim (section 28.241 . . . Check the category that includes the estimate of the amount in controversy of the claim (section 28.241 . . .

McMILLAN, v. STATE, 8 So. 3d 1237 (Fla. Dist. Ct. App. 2009)

. . . and the other is a $16 charge for “Recording of Satisfaction of Lien/Document” pursuant to section 28.241 . . . only authorizes the clerk to charge $6 for preparation of the satisfaction of lien and that section 28.241 . . .

BURKE, v. ESPOSITO,, 972 So. 2d 1024 (Fla. Dist. Ct. App. 2008)

. . . The issue concerns the proper interpretation of section 28.241(l)(b), Florida Statutes (2005), which . . . Clerk used this definition of “disposition” as the definition of “disposed of’ for purposes of section 28.241 . . . See § 28.241(l)(b). . . . of the State Courts Administrator (OSCA) in the SRS Manual to be binding in the context of section 28.241 . . . The legislative history for chapter 2003-402, Laws of Florida, the act creating section 28.241(l)(b) . . .

T. PRATER, v. R. McDONOUGH,, 947 So. 2d 538 (Fla. Dist. Ct. App. 2006)

. . . the cases, the plaintiff sought to proceed without payment of the filing fee incurred under section 28.241 . . .

CORAL IMAGING SERVICES, a o a v. GEICO INDEMNITY INSURANCE COMPANY,, 955 So. 2d 11 (Fla. Dist. Ct. App. 2006)

. . . )(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 . . .

CITY OF POMPANO BEACH, v. C. FORMAN,, 919 So. 2d 692 (Fla. Dist. Ct. App. 2006)

. . . Section 28.2402(l)(a) provides in part that "[i]n lieu of payment of a filing fee under s. 28.241, a . . .

K. CASON, v. V. CROSBY, Jr., 892 So. 2d 536 (Fla. Dist. Ct. App. 2005)

. . . Appellee argues that section 28.241 requires the circuit court clerk to collect an appellate filing fee . . . Section 28.241(2) provides that the clerk shall defer payment of the appellate filing fee if a party . . .

De JUDD- JOHNSON, v. E. JOHNSON,, 892 So. 2d 521 (Fla. Dist. Ct. App. 2004)

. . . pleadings below challenging the order on appeal without the payment of a filing fee pursuant to section 28.241 . . . Appellant did not challenge the clerk’s action or interpretation of section 28.241 in the trial court . . . Section 28.241(l)(b), Florida Statutes (2003), provides in pertinent part: A party reopening any civil . . .

REYES, v. STATE, 655 So. 2d 111 (Fla. Dist. Ct. App. 1995)

. . . the Chief Judge of the Thirteenth Judicial Circuit, which established the fund “pursuant to Chapter 28.241 . . . case, strenuously argue that the assessment to the court improvement fund is authorized by section 28.241 . . . More important, section 28.241(2) establishes a financial arrangement between a county and its clerk . . . Section 28.241 does not authorize the assessment of $250 in this case. Because Mr. . . .

In ADOPTION OF BABY E. A. W. G. W. B. v. J. S. W. M. F. W. R. E. A. W., 647 So. 2d 918 (Fla. Dist. Ct. App. 1994)

. . . See §§ 28.241 and 34.041, Fla.Stat. (1993). . . .

PAYETTE, v. W. CLARK, W. E. S. I. I. O., 559 So. 2d 630 (Fla. Dist. Ct. App. 1990)

. . . See § 28.241, Florida Statutes (1987). . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. A. F. a, 528 So. 2d 87 (Fla. Dist. Ct. App. 1988)

. . . See §§ 39.19, 39.414, 28.241(2) and 39.06(11), Fla.Stat. . . . Clerk and the Sheriff who improperly charged the parents, or from Lake County pursuant to sections 28.241 . . .

W. HENKEL A. v. CHUA NME a d b a, 507 So. 2d 791 (Fla. Dist. Ct. App. 1987)

. . . Such a transfer can only be effectuated by the filing fee being paid as required by sections 28.241-28.242 . . . See §§ 28.241-28.242, Fla. Stat. (1985); Berenyi v. . . .

OUTBOARD MARINE DOMESTIC INTERNATIONAL SALES CORP. C. A. v. FLORIDA STEVEDORING CORP., 483 So. 2d 823 (Fla. Dist. Ct. App. 1986)

. . . It might also be added that, while the appeal fees are uniform throughout the state, see § 28.241(3), . . . complaint vary from county to county according to the adoption of the various supplements authorized by § 28.241 . . .

D. T. FARABEE, v. BOARD OF TRUSTEES, LEE COUNTY LAW LIBRARY,, 254 So. 2d 1 (Fla. 1971)

. . . . § 28.241(1), F.S.A., enacted as Chapter 57-322, Laws of Florida, the general law setting filing fees . . . Fla.Stat. § 28.241, F.S.A. provides that excess service charges for the purpose of maintaining facilities . . . Under the “old” Fla.Stat. § 28.241, F.S.A. . . . However, “new” Fla.Stat. § 28.241, F.S.A. . . . Appellant argues, however, that the following language in Chapter 70-134 (Fla.Stat. § 28.241(1), F.S.A . . .

B. SHEPARD, Jr. v. W. THAMES O. O. Jr. d b a a, 251 So. 2d 265 (Fla. 1971)

. . . sections 28.071 to provide for an official seal and 28.231; amending sections 28.101, 28.12, 28.19, 28.24, 28.241 . . . fees herein shall supersede and repeal all laws in conflict herewith except as provided in section 28.241 . . .

MILLS v. AVON PARK MOTOR COMPANY, 223 So. 2d 802 (Fla. Dist. Ct. App. 1969)

. . . in the appellate court had been received but that the $3.50 fee he is required to collect by Section 28.241 . . . Florida Statutes § 28.241 (3) (1967), F.S.A. . . .

THOMAS, v. CITY OF GAINESVILLE, a, 220 So. 2d 644 (Fla. Dist. Ct. App. 1969)

. . . presented to the Clerk of the Municipal Court timely, but the filing fee of $3.50, as required by F.S. 28.241 . . . Hazeltine, 227 Or. 330, 361 P.2d 1011, where a statute existed which is very similar to Section 28.241 . . . Section 28.241(3), F.S.A. was not deposited with the clerk of the Municipal Court within the required . . .