As part of the legislation enacted to implement the constitutional amendment to Article V of the Florida Constitution, Senate Bill 2962 amends 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 County Court: For claims not more than $500.00: $25.00
For claims over $500.00: $50.00
In Circuit Court: For all claims: $50.00
NO REOPEN FEE
With regard to the following, no re-open fee will be charged for filing the following pleadings:
Motion for rehearing (filed within 10 days of entry of final judgment/order)
Motion for a new trial
Motion to tax attorney’s fees and costs (if filed within 30 days after entry of final judgment/order)
Motion to correct a clerical error
Motion for clarification
Motion to cancel and reschedule sale
Motion to disburse surplus funds, except that a fee will be charged when a third party bidder or assignee intervenes in a case for surplus funds
Motion to return original documents
Motions EXCLUSIVELY for Enforcement of child support orders (meaning Motions for Enforcement or Motions for Contempt for child support, health insurance for children, children’s medical bills or daycare)
A petition for credit of child support, including Motions to contest impending judgment and to contest suspension of Driver’s License.
Joint stipulations and orders modifying, amending or vacating final judgments, orders or decrees
In addition, there is no filing fee for the following:
Any matter to re-open a case for which there was no initial filing fee. (Florida Law provides for no initial filing fee)
Any filing that is procedural or in the normal course of administration of the guardianship, prior to the discharge of the guardian.
Any pleadings in a probate case filed prior to the discharge of the personal representative. If, however, a filing fee is designated for filing an original Petition, the new filing fee will be charged, subject to a credit for the original fee. Example: Petition to Open Safe Deposit Box followed by a Petition for Administration filed in the same court file. In this case the Clerk will charge the difference in the filing fees.
The following are examples of pleadings that will require a reopen fee:
REOPEN FEE
With regard to the following, a re-open fee will be charged for filing the following pleadings:
Motion to amend or modify final judgment, order or decree
Motion to set aside/vacate a final judgment, order or decree
Petitions to discharge final judgments, orders or decrees due to bankruptcy
All post-judgment enforcement petitions or motions for which there is not already a clerk’s fee associated with the action, except those concerning motions exclusively for
enforcement of child support orders or a petition for credit of child support (Example: there is a fee for a Continuing Writ of Garnishment so no additional fee will be charged)
Motions to seal a record or file
Motions to enforce settlement agreements (except child support)
Supplemental petitions for modification
Motions to enforce visitation
Motion for judgment after default in payment stipulation
Petition for order to show cause (if initiated by the Parties, not by the Court or Clerk)
Motion to amend certificate of title
Motion for deficiency judgment
MISC. RE-OPEN FEE ISSUES
In many actions, particularly Family law actions, there are frequently simultaneous post-judgment pleadings that reopen a case. Each side may file multiple pleadings that require separate court action. Each separate pleading filed post-judgment that requires court action will be charged a fee. For example if a former wife files a supplemental petition for modification of alimony and a motion for enforcement to enforce property settlement, two fees will be charged as each pleading reopens the case.
There will be no fee for responses to pleadings that have already opened a case, even when the response contains counter-petitions for relief.
Any pleadings associated with litigating a post judgment proceeding like motions to compel or for sanctions or for continuance, etc., do not have a fee associated with them.
If there are causes pending post judgment and subsequent pleadings constituting new claims requiring court action are filed, a new fee will be charged. For example, if the former wife files a supplemental petition for modification and the former husband responds, then, later while that is pending, the former wife files for contempt (not child support), there will be a fee for that pleading.