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The Florida Statutes

The 2019 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 28
CLERKS OF THE CIRCUIT COURTS
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F.S. 28.2401
28.2401 Service charges and filing fees in probate matters.
1(1) Except when otherwise provided, the clerk may impose service charges or filing fees for the following services or filings, not to exceed the following amounts:
(a) Fee 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 of a nonresident; but not to include issuance of letters or order of summary administration..........$230
(b) Charge for caveat..........$40
(c) Fee for petition and order to admit foreign wills, authenticated copies, exemplified copies, or transcript to record..........$230
(d) Fee for disposition of personal property without
administration..........$230
(e) Fee for summary administrationestates valued at $1,000 or more..........$340
(f) Fee for summary administrationestates valued at less than $1,000..........$230
(g) Fee for formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings..........$395
(h) Fee for guardianship proceedings of person only..........$230
(i) Fee for veterans’ guardianship pursuant to chapter 744..........$230
(j) Charge for exemplified certificates..........$7
(k) Fee for petition for determination of incompetency..........$230

The clerk shall remit $115 of each filing fee collected under paragraphs (a), (c)-(i), and (k) to the Department of Revenue for deposit into the State Courts Revenue Trust Fund and shall remit $15 of each filing fee collected under paragraphs (a), (c), (d), (f), (h), (i), and (k), $1 of each filing fee collected under paragraph (j), $5 of each filing fee collected under paragraph (b), $25 of each filing fee collected under paragraph (e), and $30 of each filing fee collected under paragraph (g) to the Department of Revenue for deposit into the General Revenue Fund.

(2) Upon application by the clerk and a showing of extraordinary circumstances, the service charges or filing fees set forth in this section may be increased in an individual matter by order of the circuit court before which the matter is pending, to more adequately compensate for the services performed or filings made.
(3) An additional service charge of $4 on petitions seeking summary administration, formal administration, ancillary administration, guardianship, curatorship, and conservatorship shall be paid to the clerk. The clerk shall transfer $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall transfer 50 cents to the Department of Revenue for deposit into the Department of Financial Services’ Administrative Trust Fund to fund clerk education. No additional fees, charges, or costs shall be added to the service charges or filing fees imposed under this section, except as authorized by general law.
(4) Recording shall be required for all petitions opening and closing an estate; petitions regarding real estate; and orders, letters, bonds, oaths, wills, proofs of wills, returns, and such other papers as the judge shall deem advisable to record or that shall be required to be recorded under the Florida Probate Code.
History.s. 5, ch. 1981, 1874; s. 2, ch. 3888, 1889; RS 1592, 1596; GS 2056, 2060; RGS 3347, 3351; CGL 5200, 5204; s. 1, ch. 19174, 1939; CGL 1940 Supp. 2877(115); s. 1, ch. 21960, 1943; s. 1, ch. 28152, 1953; s. 1, ch. 65-430; s. 1, ch. 72-397; s. 16, ch. 73-333; s. 2, ch. 77-284; s. 2, ch. 78-367; s. 13, ch. 79-400; s. 25, ch. 81-259; s. 3, ch. 87-145; s. 5, ch. 91-152; s. 1, ch. 93-268; s. 2, ch. 96-209; s. 5, ch. 2001-122; s. 29, ch. 2003-402; s. 2, ch. 2004-5; s. 17, ch. 2004-265; s. 7, ch. 2008-111; s. 4, ch. 2009-61; s. 7, ch. 2019-58.
1Note.

A. Section 7, ch. 2019-58, amended subsection (1) “[e]ffective upon this act becoming a law and retroactive to July 1, 2008.”

B. Section 30, ch. 2019-58, provides that “[t]he amendments made by this act to ss. 27.52, 28.24, 28.2401, 28.241, 34.041, 45.035, 55.505, 61.14, 316.193, 318.14, 318.15, 318.18, 322.245, 327.35, 327.73, 379.401, 713.24, 721.83, 744.365, 744.3678, 766.104, and 938.05, Florida Statutes, are remedial and clarifying in nature and apply retroactively to July 1, 2008.”

C. Section 31, ch. 2019-58, provides that “[t]he amendments to the jurisdiction of a court made by this act shall apply with respect to the date of filing the cause of action, regardless of when the cause of action accrued.”

Note.Former s. 36.17.