As part of the legislation enacted to implement the constitutional amendment to Article V of the Florida Constitution, Senate Bill 2962 amended Florida Statutes Section 28.241(1) (b) creating the following fee structure where the clerk is required to charge a fee to re-open a case:
|In CountyCourt: For claims not more than $500.00
|For claims over $500.00
|In CircuitCourt: For all claims
Effective July 1, 2012, new legislation amended Florida Statute 28.241(1) (b). Reopen fees are now due at the time a party files a pleading to re-open a proceeding if at least 90 days have elapsed since the filing of a final order or final judgment with the clerk.
For purposes relating to this legislation, a case is reopened after all appeals have been exhausted or time to file an appeal from a final order of final judgment has expired. A reopen fee may be assessed by the clerk for anymotion filed by any party at least 90 days after a final order or final judgment has been filed with the clerk in the initial case. A reservation of jurisdiction by a court does not cause a case to remain open for purposes of this section or exempt a party from paying a reopen fee.
The Clerk defines a reopen event as any motion, pleading or other filing on a case that requires additional court action after the final judgment, decision, order of other recordable action on the case has been rendered thereby closing the case.
Pursuant to F.S. 28.241(1) (b) a party is exempt from paying the fee for any of the following:
- A writ of garnishment;
- A writ of replevin;
- A distress writ;
- A writ of attachment;
- A motion for rehearing filed within 10 days;
- A motion for attorney’s fees filed within 30 days after entry of a judgment or final order;
- A motion for dismissal filed after a mediation agreement has been filed;
- A disposition of personal property without administration;
- Any probate case prior to the discharge of a personal representative;
- Any guardianship pleading prior to discharge;
- Any mental health pleading;
- Motions to withdraw by attorneys;
- Motions exclusively for the enforcement of child support orders;
- A petition for credit of child support;
- A Notice of Intent to Relocate and any order issuing as a result of an uncontested relocation;
- Stipulations; and motions to enforce stipulations;
- Responsive pleadings;Cases in which there is no initial filing fee; or
- Motions for contempt.