§ 38-1. Additional filing fee in civil actions, suits or proceedings instituted in the county or circuit court.
(a)
Generally. Upon the institution of any civil action, suit or proceeding, including any proceeding of garnishment, attachment, replevin or distress, in the county or circuit court in and for the county, there shall be paid, pursuant to law, by the party filing or instituting such action, suit or proceeding, the sums provided for in the attached schedule of fees for clerk's fee, court facilities, court services, family mediation services, law library and legal aid, respectively. These fees are in addition to all statutory filing fees established and determined pursuant to Florida Statutes, as such statutes may be amended from time to time by the state legislature.
(b)
Use of described fees.
(1)
Clerk's fee: Monies collected and identified as clerk's fee shall be retained by the clerk of the court and used to adequately compensate the clerk of the court for services performed.
(2)
Court facilities: Monies collected and identified as fees for court facilities shall be paid by the clerk of the court into the appropriate fund of the county to be used exclusively in providing and maintaining facilities for the use of the applicable court.
(3)
Court services: Monies collected and identified as fees for court services shall be paid by the clerk of the court into the appropriate fund of the county to be used exclusively in the payment of court administration, court services and court reporting of the applicable court.
(4)
Family mediation services: Monies collected and identified as fees for family mediation services shall be paid by the clerk of the court into the appropriate fund, i.e., the family mediation account fund for the purpose of funding family mediation services.
(5)
Law library: Monies collected and identified as fees for law library shall be paid by the clerk of the court to the trustees of the A. Max Brewer Memorial Law Library to be used exclusively for the operation and maintenance of the law library and any branch law library thereof.
(6)
Legal aid: Monies collected and identified as fees for legal aid shall be paid by the clerk of the court to Brevard County Legal Aid, Incorporated, to be used exclusively in providing legal aid services within the county.
(c)
Schedule of fees. The fees charged by the county clerk of courts reflects those authorized by Chapter 28, Florida Statutes and are illustrated in Resolution 01-302 which is hereby incorporated by this reference. Said resolution may be amended from time to time to reflect the current schedule of filing fees/service charges.
(Code 1979, § 9-3; Ord. No. 01-43, § 1, 9-4-01)
State law reference
Authority to impose additional fees, F.S. §§ 28.2401, 28.241, 34.041.