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SEP 9 1986 BOOK 65 F3 c 648 Attorney Albrecht then referred back to Judge Smith's letter of August 28th in which the Judge expressed surprise that the Court Facilities Fund had been used for such things as shelving for the Law Library, a video system, and CRTs for the Clerk's Office. Attorney Albrecht quoted to the Board from the Florida Statutes re the county court filing fees and the circuit court filing charges and how they shall be expended, as follows: 28.241 Filing charges for trial and appellate pro- ceedings.— (1) The party instituting any civil action, suit, or pro- ceeding in the circuit court shall pay to the clerk of that court a service charge of $30 in all cases in which there are not more than five defendants, and an additional ser- vice charge of $2 for each defendant in excess of five. An additional service charge of $10 shall be paid by the j party seeking each severance that is granted. An addi- tional service charge of $2.50 shall be paid to the clerk for each civil action filed, $2 of such charge to be remit- ted by the clerk to the State Treasurer for deposit into the. General Revenue Fund unallocated. An -additional charge of $1 shall be paid to the clerk for each civil ac- tion brought in circuit or county court, to be deposited into the Court Education Trust Fund; the moneys collect- ed shall be forwarded by the clerk to the Supreme Court monthly for deposit in the fund. Service charges in ex-, cess of those herein fixed may be imposed by the gov erning authority of the county byeordinance, or by spe- ugi ur nalt bedea as fr— jncurred ovided by -such ordinance or a y special or I W. w nor �eaftw in force, in providing and maintaining ,. kdtdtng a law frbrary, for the use of the courts ft COmtY wherein the service charges are collected fora aid ram in such Postal charges by the clerK Or the circumtFourt in making ser- vice by certified or registered mail on defendants or oth- 34.041 Service charges and costs.— (1) Upon the institution of any civil action or pro- ceeding in county court, the plaintiff, when filing his ac- tion or proceeding, shall pay the following service charges. (a) For all clams less than $100 .................$10.00. (b) For all claims of $100 or more but less than$1,000............................................................20.00. (c) For all claims of $1,000 or more ..............25.00. (d) In addition. for all proceedings of gar- nishment, attachment, replevin, and distress ....25.00. (e) For removal of tenant action ....................30.00. Postal charges incurred by the clerk of the county court in making service by mail on defendants or other parties shall be paid by the party at whose instance service is made. Except as provided herein, service charges for performing duties of the clerk relating to the county court shall be as provided in ss. 28-24 and 28 241. Ser- vice charges in excess of those herein fixed may be im- posed by the governing authority of the county by ordi- nance or by special or local law, and such excess shall be expended as provided by such ordinance or any spe- cial Ajocal law now pir harebaflern providing and LibMfemVilled aintaining facilites, including a law library, for the use Of the County count in the county in which the charis r al aid ram All filing ees sha onthly to 1 e co in the manner pre - Scribed by the Auditor General Attorney Albrecht emphasized that the County already has a Law Library Ordinance where fees are collected separately; so, it was the Judges' understanding of the Court Facilities Ordinance that it was going to be used for court facilities. He went on to explain that "court" in Black's law dictionary is synonymous with "judge" facilities not with "courthouse," which at one time contained in addition to the courts, the Sheriff, the Clerk, the Veteran's Office, and any number of other entities. Chairman Scurlock noted that this year there is a shortfall for the Public Defender, which actually is legal aid, and we funded that. He discussed the possibility of taking those monies from this fund. Attorney Albrecht did not know if that i,s considered legal aid; that is a defense fund; and basically you are helping 28 M M