Judges: Bill McCollum, Attorney General
Filed Date: 6/19/2009
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Smith:
As clerk of the circuit court for Putnam County, you ask substantially the following question:
In light of the recent amendment to section
28.241 (1)(a)1.b., Florida Statutes, by section 5, Chapter2009-61 , Laws of Florida, is a clerk of court required to assess a filing fee for the filing of a petition for a domestic violence injunction despite the language of section741.30 (2)(a), Florida Statutes, which prohibits the assessment of filing fees for such petitions?
In sum:
In light of the specific prohibition in section
741.30 (2)(a), Florida Statutes, the clerk of court may not assess a filing fee for the filing of a petition for a domestic violence injunction.
Section
"Notwithstanding any other provision of law, the assessment of a filing fee for a petition for protection against domestic violence is prohibited effective October 1, 2002. However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Office of the State Courts Administrator a certified request for reimbursement for petitions for protection against domestic violence issued by the court, at the rate of $40 per petition. The request for reimbursement shall be submitted in the form and manner prescribed by the Office of the State Courts Administrator. From this reimbursement, the clerk shall pay any law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee shall not exceed $20." (e.s.)
During the 2009 legislative session, however, the Legislature in section 5, Chapter
"1.a. Except as provided in sub-subparagraph b. and subparagraph 2., the party instituting any civil action, suit, or proceeding in the circuit court shall pay to the clerk of that court a filing fee of up to $395 in all cases in which there are not more than five defendants and an additional filing fee of up to $2.50 for each defendant in excess of five. . . . b. The party instituting any civil action, suit, or proceeding in the circuit court under chapter 39, chapter 61, chapter 741, chapter 742, chapter 747, chapter 752, or chapter 753 shall pay to the clerk of that court a filing fee of up to $295 in all cases in which there are not more than five defendants and an additional filing fee of up to $2.50 for each defendant in excess of five. . . ." (e.s.)
Due to the amendment to section
While the rules of statutory construction provide that the last adopted expression of the Legislature will generally prevail in the case of two statutory provisions that cannot be reconciled, 1 it is also a rule of construction that the specific provision will control over the more general provision.2 As the Florida Supreme Court recognized inAmerican Bakeries Company v. Haines City, 3 the rule of construction that last in time prevails is inapplicable where precedent act is special or particular and subsequent act is general, as later general act does not repeal former particular statute. Moreover, it is well settled that legislative intent is the polestar that guides a court's statutory construction analysis.4
A review of the legislative records surrounding the enactment of Chapter
Accordingly, in light of the above and the plain language of section
Sincerely,
Bill McCollum Attorney General
BM/tjw
(http://www.flsenate.gov/data/session/2009/Senate/bills/analysis/ConferenceReports/2009s1718.conf.pdf),
stating:
"Except for family law cases in chapters 39, 61, 741, 742, 747, 752, or 753, the bill increases the circuit civil filing fee from $295 to $395 and directs the increase to be deposited in the State Courts Revenue Trust Fund."
And see Title to Ch.
"amending s.
See also s.
"A party reopening any civil action, suit, or proceeding in the circuit court shall pay to the clerk of court a filing fee set by the clerk in an amount not to exceed $50. . . . A party is exempt from paying the fee for any of the following:
18. Cases in which there is no initial filing fee."
Askew v. Schuster , 331 So. 2d 297 ( 1976 )
Florida Ass'n of Counties, Inc. v. DEPT. OF ADMIN., DIV. OF ... , 595 So. 2d 42 ( 1992 )
McLaughlin v. State , 721 So. 2d 1170 ( 1998 )
State v. Rife , 789 So. 2d 288 ( 2001 )
Gretz v. UNEMPLOYMENT APPEALS COM'N , 572 So. 2d 1384 ( 1991 )
McKendry v. State , 641 So. 2d 45 ( 1994 )
Florida Ass'n of Counties, Inc. v. DEPT. OF ADMIN., DIV. OF ... , 580 So. 2d 641 ( 1991 )
Barnett Banks, Inc. v. Department of Revenue , 738 So. 2d 502 ( 1999 )
Alford v. Duval County School Board , 324 So. 2d 174 ( 1975 )