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New increased court fees make up for state funding shortfalls
Val Martyn walked up to the counter at the Collier County clerk’s office, armed with documents so he could sue his landlord for large rent increases at an East Naples mobile home park.
But he wasn’t aware the state had increased court fees on July 1. Martyn walked away from the counter, holding the necessary documents to file a small claims suit, so he could mull whether it was worth it.
“These fees are exorbitant,” Martyn said, after joking with a clerk over whether the higher fee would guarantee his success. “I would imagine that being a novice at law, I’ve got maybe a 20 to 30 percent chance of winning. So I’d be gambling on a win.”
“I can’t afford this, much less that,” Martyn added, referring to rent and court fees.
The fee increases were prompted by Senate Bill 1790, the “fee bill,” which was signed by Gov. Charlie Crist and went into effect July 1. They help make up a shortfall in state funding for the judiciary and the state Department of Corrections and are expected to raise $121.1 million.
Mandatory $50 misdemeanor and $100 felony prosecution costs are intended to add $3.6 million for a state attorney trust fund. And a raise from a $40 mandatory public defender fee to $50 is expected to provide $1.5 million for a public defender trust fund.
Carol O’Callaghan, an attorney for Legal Aid Service of Collier County, said the increases make it more difficult for lower income people to file for dissolution of a marriage, a fee that jumped from $363 to $408.
“Almost all of my clients were daunted by this figure and several have chosen not to pursue court action,” said O’Callaghan, who specializes in family law cases and is the office’s assistant managing attorney. “This substantial increase is going to deter not just the poor, but the average citizen seeking the relief of the courts.”
The jumps in costs also could harm those in greatest need, she said, citing women in dire financial circumstances, such as abused wives fleeing homes for shelter and juggling low-paying jobs to support their children.
Drunk drivers in vehicles and boats also will be hard hit. The $250 to $500 fines for a first offense, $500 to $1,000 for a second, and $1,000 to $2,500 for a third will all double. And hunters hit with infractions, such as failure to bring a permit while hunting, will see those fees double to $10.
Dwight Brock, Collier County’s clerk of the courts, agrees the increases will prevent some citizens from accessing the court system. In some cases, services that required no charge, such as serving a summons, now will cost $10. Brock noted that in addition to deputies serving summonses, those filings generated a lot of paperwork for his employees.
“The new law raises a large number of filing fees and court costs and will have long-term implications on the entire court system,” Brock said.
Landlords wishing to evict tenants will pay a hefty $270 instead of $70 fee. And if you’re sued and want to fight back with a countersuit, you’ll have to pay $295 for something that once was free.
In addition to the statewide mandated increases, there are county charges that vary from county to county. Because Brock has been diligent in going after unpaid fees, he was given more than the standard 3 percent increase other counties received and obtained 5 percent. Two other counties received 4 percent increases. Those specific county increases go to the counties but the rest of the fee increases go to the state.
Brock’s employees spent hours preparing the computer system to accept the new fees and to subtract the increased portion so it goes to the state. One employee even delayed a vacation, Brock said, adding that the night before July 1, the computer system was ready to go and all employees had been trained on the increases.
O’Callaghan, who often works with victims of domestic violence who have fled abusive relationships, said it’s not uncommon for their spouses to have drained their financial resources — leaving the client with just a minimum-wage job to provide for their children. At 40 hours weekly, she noted, that brings in roughly $230 a week, making the $408 filing fee to dissolve a marriage almost half their monthly salary.
Even for people in the “direst of economic circumstances,” she said there are no waivers available for filing fees required to open a case. Although a payment plan is available for those who meet certain economic criteria, she said, just applying for it is $25.
And just like those being sued who want to countersue, spouses served with dissolution petitions who once could file an answer and counterpetition without charge now must pay $403.
“The increased filing fee will simply overwhelm many of my Legal Aid eligible clients, who are already under extreme economic and emotional stress,” she said. “There could be devastating consequences for these families — and thus to our community — when women and children cannot obtain the legal protections, support, and relief they are entitled to under the law to move forward with their lives.”







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raise the fee, lose the service. didn't they learn anything from the impact fee debocal?
#1 Posted by mimibuck on July 24, 2008 at 10:13 p.m. (Suggest removal)
Apparently not Mimi. Going to get worse with taxes bottoming out. The SO is going to have a field day with ticketing people this year, the fines on many citations went up within the last year and now these costs.
Robbing Peter to pay Paul, just so they can keep the same staffing and bloated upper eschelon .
Why not screw everyone? God forbid they consider a realistic solution and downsize and trim away excess fat. Granted no one wants to lose a job, but it seems inevitable that some positions and staff at county level must go.
Going to get really worse before they finally do that.
#2 Posted by Jadip811 on July 25, 2008 at 5:21 a.m. (Suggest removal)
"the increases make it more difficult for lower income people to file for dissolution of a marriage" "Drunk drivers in vehicles and boats also will be hard hit" Wow. This is truly depressing...
#3 Posted by BigW on July 25, 2008 at 7:16 a.m. (Suggest removal)
Please call it what it is, a tax increase! We have already paid for these services. This is just an extra tax.
#4 Posted by Saah1 on July 25, 2008 at 9:59 a.m. (Suggest removal)
By giving unchecked, and I will use the vulgar word, "authority" to people who's livelihoods are solely paid for by others in the form of fees and taxes, how would anyone suggest that they will ever be full and satisfied. As soon as Collier and Naples saw the writing on the wall with decrease funds coming from Tallahassee, they have aggressively had their "Sheriff Johns" stop and ticket the local year-round residents for minor errors in driving etiquette. There has been no increase in gravely dangerous driving within Collier or Naples, and as such, the volume of sheriff's and police officers standing outside of their vehicles, hiding in bushes with radar guns, goes beyond any resident's interest in having them "serve and protect".
This is why people so purposely suggest that a Democratic majority in Congress along with Obama as President will create a feeding frenzy upon the wallets of all U.S. Citizens. If anyone does not believe there is a negative "trickle down" reality of increased capital gains taxes and ordinary income taxes which will ultimately have direct negative impact on all people's incomes or costs of living, this person needs to do more research. Wealth transfer or "Chicago Style Change" is not simply the taking of money from the so call evil "rich" people, but the removing of money from the general public into the pockets of those who are in power and/or their close contributors. The leeching nature of government unchecked will not differentiate between rich or poor, boss or employee, it will hold down every governed person.
I also wish to suggest that in the case of our judicial system, if Obama made his so called "historic" speech from the border with Mexico rather than in Germany and said, "President Bush - "Build A Wall", that would have been a speech from a "leader". Our courts and jails are overwhelmed with non-U.S. citizens. Each and everyone who reads this post pays to prosecute and house foreigners here illegally.
Additionally, there are those who's non-existent family upbringing find family structure in prison and gangs. They strive to be disobedient so that they can fit in with the incarcerated, or non-incarcerated but trying, community of peers. This realty exists because too many Democrats and opportunist ministers believe they are only able to succeed by telling their constituents and/or congregations, that they will never succeed because of others and those who have succeeded are not worthy of aspiring to become because they are evil. When we can more accurately sentence criminals for their criminal acts and not have them reappearing time after time in court, and when we remove the rewarding nature of prison for those who find the prison community nurturing and when we work beyond all past efforts to teach everyone that only through education and effort will their lives become better, then will we have the ammunition necessary to demand a reduction in actual operationally necessary court costs.
#5 Posted by LookingForLeaders on July 25, 2008 at 1:58 p.m. (Suggest removal)
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