§ 2-31. Filing fees.
(a)
Definitions.
Clerk means the clerk of courts for Polk County, Florida.
Circuit court means the Tenth Judicial Circuit [Court] for the State of Florida.
County means Polk County, Florida.
County court means the county court for Polk County, Florida.
(b)
Imposed. Pursuant to the authority contained in Sections 34.041, 28.2401, and 28.241, Florida Statutes, service charges in excess of the filing fees fixed therein are hereby imposed. Upon the institution of any civil action or proceedings, the plaintiff, when filing his action or proceedings, shall pay the following service charges:
(1)
Cases filed in county court:
Service charges
a.
For all claims less than $100.00:
Law library ..... $ 2.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 4.00
Court facilities ..... 7.00
b.
All claims of $100.00 and less than $2,500.00:
Law library program ..... 4.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 7.50
Court facilities ..... 21.00
c.
All claims of $2,500.00 or more:
Law library ..... 7.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 12.00
Court facilities ..... 21.00
d.
All proceedings of garnishment, attachment, replevin and distress:
Law library ..... 7.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 12.00
Court facilities ..... 21.00
e.
All removal-of-tenant actions:
Law library ..... 7.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 12.00
Court facilities ..... 21.00
(2)
Cases filed in circuit court, civil division:
For all civil actions, suits or proceedings:
Law library ..... 7.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 12.00
Court facilities ..... 31.00
(3)
Cases filed in the probate division, pursuant to Florida Statutes, section 28.2401:
a.
For the opening of any estate of one 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 for a nonresident, but not to include issuance of letters or orders of summary and family administration:
Law library ..... 4.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 7.50
Court facilities ..... 21.00
b.
Caveat:
Law library ..... 4.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 7.50
Court facilities ..... 21.00
c.
Petition and order to admit foreign wills, authenticated copies, exemplified copies, or transcript record:
Law library ..... 7.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 12.00
Court facilities ..... 28.00
d.
For disposition of personal property without administration:
Law library ..... 2.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 4.00
Court facilities ..... 7.00
e.
Summary administration:
Law library ..... 7.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 12.00
Court facilities ..... 28.00
f.
Family administration:
Law library ..... 7.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 12.00
Court facilities ..... 28.00
g.
Formal administration, guardianship, ancillary, curatorship or conservatorship proceedings:
Law library ..... 7.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 12.00
Court facilities ..... 28.00
h.
Guardianship proceedings of person only:
Law library ..... 2.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 4.00
Court facilities ..... 7.00
i.
Veterans administration, guardianship pursuant to Chapter 744:
Law library ..... 2.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 4.00
Court facilities ..... 7.00
j.
Petition for determination of incompetency:
Law library ..... 4.50
Legal aid program (Heart of Florida Legal Aid Society, Inc.) ..... 7.50
Court Facilities ..... 21.00
(c)
Collection and distribution of funds. The proceeds of service charges in excess of those fixed by sections 34.041, 28.2401 and 28.241, Florida Statutes, shall be paid to the clerk of the circuit and county courts and by him paid monthly into the appropriate fund of the county.
(1)
Law library. The proceeds of filing fees designated for the law library shall be used for the purpose of providing and maintaining a law library available for use of the county court and circuit court. Said funds shall be merged with the law library fund appropriated for Polk County Law Library purposes and expended in the same manner.
(2)
Legal aid program. The proceeds from the fees designated for funding the Heart of Florida Legal Aid Society, Inc., shall be paid monthly by the clerk to said organization.
(3)
Court facilities. The proceeds designated for court facilities shall be used for the purpose of providing and maintaining court facilities available for the use of the circuit and county courts.
(Ord. No. 75-12, §§ 1, 3; Ord. No. 77-16, § 3, 9-27-77; Ord. No. 81-22, §§ 1, 3, 9-1-81; Ord. No. 82-14, § 1, 6-22-82; Ord. No. 88-12, § 1, 4-12-88; Ord. No. 91-27, § 1, 11-12-91; Ord. No. 93-31, § 1, 7-20-93; Ord. No. 96-13, § 1, 5-21-96; Ord. No. 01-17, §§ 1—4, 4-18-01)