§ 11-3. Increase in certain filing charges in the Circuit and County Courts; use.

(a)

Except as provided hereafter for the institution of a petition for modification of a final judgment of dissolution and petitions for dissolution of marriage, in all cases in which there are five (5) or fewer defendants, a party instituting any civil action, suit or proceeding in the Circuit Court of the Eleventh Judicial Circuit of Florida shall pay to the Clerk of said Court a service charge of one hundred fifty-eight dollars and fifty cents ($158.50), which amount shall include a fee of ten dollars ($10.00) to be allocated to the Miami-Dade County Public Guardianship Program and matched by Miami-Dade County from general revenue, for payment of costs associated with public guardianships, in addition to the service charge payable to the clerk of said court pursuant to general law, including Section 28.241, Florida Statutes, provided that the additional service charges for each defendant in excess of five (5) and additional service charges for any party seeking a severance shall remain unchanged from that provided in Section 28.241, Florida Statutes.

Upon the institution of a petition for dissolution of marriage in the Circuit Court, the petitioner shall pay to the Clerk of the Court a service charge of one hundred fifty-nine dollars and fifty cents ($159.50) which amount shall include a fee of ten dollars ($10.00) to be allocated to the Miami-Dade County Public Guardianship program and matched by Miami-Dade County from general revenue, for payment of costs associated with public guardianships; and upon the institution of a petition for modification of a final judgment of dissolution in the Circuit Court, the petitioner shall pay to the Clerk of the Court a service charge of forty-five dollars ($45.00). All such service charges shall be in addition to the service charges and fees payable pursuant to general law, including Section 28.241, Florida Statutes.

(b)

Upon the institution of any civil action or proceeding in County Court, the plaintiff, when filing the action or proceeding, shall pay to the clerk of the Court the following service charges in addition to the service charges payable pursuant to general law, including Sections 28.241 and 34.041, Florida Statutes:

(1)

For all claims less than $100.00 ..... $ 3.50

(2)

For all claims of $100.00 or more but not more than $1,500.00 ..... 18.50

(3)

For all claims of more than $1,500.00 but not more than $2,500.00 ..... 61.50

(4)

For all claims of more than $2,500.00 but not more than $5,000.00 ..... 100.50

(5)

All claims of more than $5,000.00 ..... 148.50

(6)

For removal of tenant action ..... 90.50

(c)

Any party instituting a probate matter, except probate cases which involve disposition of personal property with a value of less than two hundred fifty dollars ($250.00) and which also require no administration, shall pay to the Clerk of the Court a service charge in addition to the service charge payable to the Clerk of said Court pursuant to general law, including Section 28.2401, Florida Statutes, as follows:

(1)

For the opening of any estate of one (1) document or more, including, but not limited to, petitions and orders to approve settlement of minor's claims; to open a safe deposit box; to enter rooms and places; for the determination of heirs, if not formal administration; and for a foreign guardian to manage property of a nonresident; but not to include issuance of letters or order of summary and family administration ..... $56.00

(2)

Caveat ..... 60.00

(3)

Petition and order to admit foreign wills, authenticated copies, exemplified copies, or transcript to record ..... 59.00

(4)

For disposition of personal property with a value of two hundred fifty dollars ($250.00) or more, without administration ..... 79.50

(5)

Summary administration ..... 116.50

(6)

Family administration ..... 84.50

(7)

Formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings ..... 122.50

(8)

Guardianship proceedings of person only ..... 58.50

(9)

Determination of incompetency (incapacity) ..... 58.00

(10)

Foreign guardianships ..... 77.50

(11)

Adversary proceedings, probate related trusts ..... 148.50

(12)

Re-opening of formal administration, probate related trusts ..... 50.00

(d)

The additional service charges herein provided for shall, together with other available funds, be expended for the operation of the Miami-Dade County Law Library and its branches; the Miami-Dade County Legal Aid Program; and to acquire by lease, purchase or otherwise; to construct, reconstruct, enlarge, or modify; to operate, maintain, and repair court facilities in Miami-Dade County, including court information systems, case management systems, and court technology, together with ancillary improvements and services related to any of the foregoing. Said charges may be pledged by the county as security for servicing the principal and interest on revenue bonds to accomplish one or more of the foregoing purposes.

Editor's note— Paragragh (d) of this § 11-3 was previously omitted from the Code due to a scrivener's error and has been reincluded herein to rectify this inadvertent omission.

(Ord. No. 75-45, § 1, 6-4-75; Ord. No. 81-117, § 1, 10-26-81; Ord. No. 81-128, § 1, 11-17-81; Ord. No. 89-62, § 1, 7-11-89; Ord. No. 90-71, § 1, 7-24-90; Ord. No. 93-55, § 1, 5-20-93; Ord. No. 93-91, § 11, 9-20-93; Ord. No. 96-42, § 1, 3-5-96; Ord. No. 00-173, § 1, 12-7-00)

State law reference

Authority to impose above fees, F.S. §§ 28.2401, 34.041.

Editor's note

Section 2 of Ord. No. 75-45 provided that the provisions of said ordinance be included in this Code, but did not specify the manner thereof; hence codification of § 1 herein as § 11-3 was at the discretion of the editors.