§ 1-6-2. Costs generally.

(a)

Pursuant to the authority of F.S. sections 28.2401, 28.241 and 34.041, a service charge in excess of the statutory charge in the amount of twenty-five dollars ($25.00) is imposed on the institution of any civil action or proceeding in county court or circuit court, or for the opening of any estate or guardianship of the state, including but not limited to petitions and orders to approve the settlement of minors' 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.

(1)

Each additional service charge of twenty-five-dollars ($25.00) shall be disposed of in the following manner:

a.

Eleven dollars ($11.00) thereof shall be paid to the board of county commissioners to be placed in a separate fund for the sole purpose of providing and maintaining a legal aid program in the county. Upon certification of the necessity therefor by legal services of the Charlotte County Bar Association, Inc., acting by and through its duly elected officers, the board shall apply or expend such funds for the purpose of providing administrative personnel, supplies, office space, attorney costs and fees when applicable, to the provision and maintenance of the legal aid program, which funds may be paid to that corporation for disbursement or may be paid directly to the person furnishing the services or supplies.

b.

Five dollars ($5.00) thereof shall be paid to the board of county commissioners to be placed in a separate fund for the sole purpose of providing a support enforcement administrator as provided for in Administrative Order No. 1.3.

c.

Four dollars ($4.00) thereof shall be paid to the board of county commissioners to be placed in a separate fund for the sole purpose of equipping, maintaining and operating the Charlotte County Law Library in compliance with the terms of Chapter 63-1199, Laws of Florida (Article III of this chapter), as now or hereafter amended, in lieu of the filing fees levied by section 3 of Chapter 63-1199, Laws of Florida (section 1-6-38 of this chapter), as now or hereafter amended.

d.

Five dollars ($5.00) thereof shall be paid to the board of county commissioners for inclusion in a capital outlay reserve fund as defined in F.S. section 129.02(4), to be used to provide and maintain facilities for the use of the courts of the county.

(b)

In addition to the filing costs set forth in subsection (a), pursuant to F.S. section 28.241, the clerk of the court shall, for all civil actions filed in circuit court, collect a "public guardianship program fee" of fifteen dollars ($15.00). All funds derived from the collection of the public guardianship program fee shall be deposited into the "public guardianship program fund," an account to be administered by the Charlotte County Budget Office for the maintenance of the public guardianship program.

(c)

In addition to the filing fees established by sections 28.2401, 28.241, and 34.041, F.S. (1997), as may be subsequently amended, and subsections (a) and (b) above, there shall be an additional charge for any probate matter, civil action, including summary procedure, in the county or circuit court of Charlotte County. Said additional fees shall be paid to the clerk of the court by the party instituting or filing the probate matter or civil action or proceeding as detailed in the following schedule:

      ..... Amount of
Additional
Charge

Summary proceedings ..... $9.00

General civil—County ..... 12.00

General civil—Circuit ..... 30.00

Dissolutions of marriage ..... 35.00

Removal of tenant ..... 12.00

Summary administration ..... 35.00

Family administration ..... 30.00

Formal administration ..... 45.00

Guardianship of property ..... 30.00

Guardianship of person ..... 30.00

Guardianship of person and property ..... 30.00

Small estates ..... 10.00

Caveats ..... 10.00

(d)

The additional charges set forth in subsection (c) shall be retained by the clerk in a trust fund to be utilized for providing and maintaining facilities including a law library, or to provide or maintain a legal aid program.

(Ord. No. 81-27, §§ 1, 2, 9-29-81; Ord. No. 93-52, § 1, 10-5-93; Ord. No. 98-033, § 1, 5-26-98; Ord. No. 2002-063, § 1, 11-26-02)

State law reference

Service charges in probate matters, F.S. § 28.2401; filing charges for trial and appellate proceedings, F.S. § 28.241; service charges and costs in county courts, F.S. § 34.041; requisites of county budgets, F.S. § 129.02.