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ABIIL'IOEIEMITIED
AN ACT AELISHING TIE FEE SYSTDI AND PROVIDING Pd! UNITOMIT! I}! TIE
SEVERAL SMALL CIAIHS COURTS G THE STATE OF PIDRIDA, um CREATED 8! GENERAL
IAN, (Emma. IA 0? IDCAL APPLICATION OR SPEIAL m, B! AIEMIM} EACH AND EVER!
OFShID [AVE TOM EXTENT TEATMSAMEGIANY PARTOF SAID IAWSIAY E IN-
CONSISTEM WITH THE PROVISIOIB OF TRIS ACT RELATING TO AND PROVIDING FOR TIE FIXIK}
UP COHENSATION FOR THE NDGES 0F SAID CGJRTS AND THE JURISDICTION, MCKET FEE,
PMERS, PRACTICE, FRCXIHIJRE, mucs OF HDCEEDIHGS AID JURIES 0!" m: Fm SAID CGJRTS.
Section 1. The Fee System for the several Small Claims Courts of this stste is
hereby abolished.
Section 2. The Judges of said Courts shall receive as commnsation a salary of
not less than Eighteen Hundred (01800.00) Dollars per annum or a sum equal to
seventy-five (78%) per centum of all docket fees collected by said Cmrt, which-
ever shall be the greater, said sun to be paid in monthly installments by and out
of the general fund of the respective counties, provided said sum shall not exceed
Nine Thousani (.9000 .00) Dollars per annum, and provided further that no Judge
receiving a salary of Six Thousand (06000.00) Dollars or more per snows shall
practice law while holding said office.
Section 3. Said Courts shall have original and concurrent jurisdiction in all
cases at law including the foreclosure by action at law or chattel mortgages and
liens upon personal troperty, am labor, material and mechanics liens upon any
property, in which the claim or demand, elusive or interest, attorney fees and
costs, does not exoeed the sum or no Kindred Fifty (0250.00) Dollars, and in
which the cause of action accrued, or the property in litigation is located, or
one or more of the defendants reside, in the County in which the Court is located.
Jurisdiction of said Courts shall extend throughout the state.
Section 4. lhemver the Judge of any of said Courts shall be unable because at
absence, illness, disqualification, congested docket, or other cause, to discharge
any duty pertaining to his said office or said Court, the senior Circuit Judge
presiding in the Circuit Court of such County, upon certificate or suggestion
by the Judge of the Small Claims Court, any member of the Bar of Florida, or
any party to any action pending in said Small Claims Courts, shall by order
designate himself or one of his number, or the judge of the Civil Court of Record,
or the County Judge, in said County to sit in lieu of, or in addition to, the
Judge of said Small Claims Court. A copy of such order shall be recorded in the
Docket Book of said Small Claims Court, and a copy delivered to the Judge so
designated. The Judge so designated shall so sit and act.
Section 5. All docket fees collected by said Courts, after first paying reason-
able compensation to the Clerk, deputy clerks and assistants, and any excess costs
in and about obtaining a petit Jury in any trial, where demanded, shall be
accounted for and paid to said County monthly and within ten days after the end
of each month.
Section 6. At the time of filing any claim in said Court, the Plaintiff shall
pay a docket fee of Five (85.00) Dollars. Such fee shall include the costs of
any postage for service hy registered mail, return receipt requested, and, when
demanded, a certified copy of any final judgment and/or the issuance of an
execution, as well as any fees for the payment of any monies into and/or out of
the registry of said Court. All such postage shall be paid for by said County.
Section 7. The time for appearance by any defendant, at which time a hearing
on the claim shall be had, shall be not less than five (6) nor more than fifteen
(15) days from the date the Notice to Appear is issued.
Section 8. when notice is to be served hy registered mail, only the date of
mailing shall be noted in the docket book.
Section 9. If the reasonable sum fixed by the Judge to secure the payment of
costs incurred by reason of 3 Jury trial shall later be found to be insufficient,
such deficiency shall be paid by the Court out of the docket fees Collected by
the Court, as necessary costs, as provided in Section 5 of this Act.
Section 10. In the event of a trial by Jury, the Judge of said Court shall have
the power and duty to direct any verdict in the same manner and under the some
circumstances as now or hereafter provided for Circuit Courts.
Section 11. There is hereby appropriated from the funds of said County sufficient
monies for the purposes herein in this Act stated and such appropriation shall be
immediately effective, notwithstanding any lack of appropriations or absence of
provisions therefor in any County budget and notwithstanding any budgetary
restrictions.
Section 12. All laws and parts of laws in conflict with this Act are hereby
repealed.
Secticn 13. If any word, phrase, sentence, section or nart of this Act is
declared unconstitutional, the remainder shall remain in full force and effect.
Section 14. This Act shall take effect on the lat day of June, A. D. 1953.
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s herety approprinted from the funds of said 'Jounty sufficient c.es herein in this iset stated and such appropriation shall be e, rotwithst.andir.g any lack of appropri-utions or absence of in any Santy audget ars: notwithstargling ary budgetary
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