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