Your Public Trustee

            Q. Why is the Clerk's Office charging so much to file foreclosure papers?

            A. Effective Monday, June 1, 2009, the Legislature has imposed significant increases for filing fees and service charges to fund Judges and Court Administration, as recommended by Florida's Chief Judges and the Florida Bar Association. While the Clerk's Office is required by law to collect the additional fees, they do not benefit your Clerk's Office. In fact, some of the money the Clerk was receiving has been reduced. Clerks were united throughout the state in their opposition of the legislation, and I, along with many other clerks, communicated that message to our legislators and Governor Crist. Our message wasn't accepted. I'm very concerned that the public's access to the court system may be limited as a result of law changes.

            If a foreclosure case is filed and the value of the property is over $50,000 but less than $250,000, the filing fee is up from $300 to $905. The Clerk receives $115 of that total (less than before), the courts will receive $685, and the balance goes to other state trust funds and the State General Revenue fund. If a foreclosure case is filed and the value of the property is $250,000 or more, the filing fee is up from $300 to $1,905. Again, the Clerk receives $115 of that total. The courts will receive $1,685, and the balance goes to other state trust funds and the State General Revenue fund.

            In addition, on foreclosure cases, should a cross-claim, counter-claim, counter-petition, or third-party complaint be filed, the Clerk must collect huge additional fees from the filers based on the value. These fees of $900 and $1,900 are mostly distributed to the courts, with $295 of each going to State General Revenue fund, the balance to the Courts, and nothing to the Clerk.

            In case you didn't know, probate fees also increased effective June 1. An additional $115 fee was added that will be distributed to the courts. The only good news I can relate is that effective Wednesday, July 1, the filing fee in County Court for tenant evictions will be reduced from $270 to $185.

            Clerks' budgets on court-related functions will now go through the Legislative Appropriations Process even though we are constitutional, county elected officials. Our budgets were cut in the middle of a year, the fees we get were reduced, and we now have to pay for jury expenses instead of the state. To top it off, if Clerks don't collect the money authorized in our budget authority, the money won't be allocated to us. All monies collected above our budget authority go to the State.

            It appears to me the court was very slick in deciding to collect fees from foreclosures and probate - two legal procedures that are pretty much required filings. I do wonder what future decisions will be made once foreclosure filings are depleted.

            There are other aspects of legislation that affect the Clerk's Office which are too numerous to try to explain in this column. As always, your Clerk's Office will continue providing the very best service possible to the public they serve.

            If you have any questions or comments about this column, please forward them to: Marcia Johnson, Clerk of the Court, 33 Market Street, Ste. 203, Apalachicola, FL 32320, or by email to: mmjohnson@franklinclerk.com. Visit the Clerk's website at: www.franklinclerk.com.