Florida Civil Litigation Update: HB 759 and Rising Court Fees

HB 759: A Comprehensive Guide to Proposed Civil Court Fee Changes in Florida

Individuals and businesses interacting with the Florida court system may soon encounter a shift in the financial landscape of litigation. House Bill 759, currently advancing through the Florida Legislature, proposes the first comprehensive update to civil court filing fees and service charges since 2008. Sponsors of the legislation identify these measures as a critical step to bridge a projected $75 million funding gap impacting court clerks statewide.

For parties considering litigation, managing business disputes, or navigating probate, staying informed about these statutory changes is essential for accurate financial planning. Johnson Pope remains committed to helping individuals and businesses navigate these evolving legal frameworks

Why Are Court Fees Increasing Now?

What Is The Primary Driver Behind HB 759?

The impetus for this legislation is a critical funding gap. The Florida Clerk of Courts Operations Corporation has identified a $75 million difference between the operational costs of clerks’ offices and the revenue currently available to support them. Representative David Smith, the bill’s sponsor, noted that the Legislature has not updated “fee for service charges” since 2008.[1] Sponsors argue that operating in 2026 with price structures based on 2008 economic data is unsustainable for providing vital public services.

How Do Current Economic Factors Influence The Proposal?

Labor costs for clerk operations have reportedly tripled since 2008. While private businesses might adjust pricing dynamically to account for inflation, Florida’s clerks of court cannot raise fees without legislative approval.[2] HB 759 seeks to bring various filing fees and service charges to a 2019 level, calculated as if the fees had been tied to the Consumer Price Index (CPI) starting in 2008.

Businesses seeking guidance on how legislative changes may impact litigation strategies are encouraged to contact Johnson Pope.

What Specific Costs Will Change for Civil Litigation Attorneys?

How Will Circuit Court Filing Fees Be Affected?

Under the proposed legislation, the cost to institute a general civil action in circuit court would rise from $395 to $460 for suits naming up to five defendants. Additionally, the charge for each additional defendant would double, moving from $2.50 to $5.00. These adjustments represent a tangible increase in the baseline costs for initiating litigation.[3]

Are There Changes For County Court And Foreclosure Actions?

Yes. For claims of $15,000 or more in county court, filing fees would match the circuit court increase, rising from $395 to $460. Mortgage foreclosure actions involving homes valued between $50,000 and $250,000 would see filing fees increase from $900 to $1,070 for suits with up to five defendants.

Will Appellate And Probate Costs Increase?

The bill includes provisions to raise the fee for filing a notice of appeal from a county or circuit court to a district court of appeal from $100 to $115. In probate matters, the service charge for opening an estate is set to increase from $230 to $275.

What Additional Service Charges and Protections Are Included?

Will Increased Costs Limit Court Access For Indigent Parties?

Concerns regarding access to the justice system often arise alongside proposed fee hikes. However, proponents of the bill emphasize that existing protections remain in place. Representative Mike Gottlieb, a supporter of the legislation, noted that clerks are required to waive many fees and service charges for indigent and low-income Floridians.[4] The legislative intent is to modernize funding without excluding individuals from gaining access to the courts due to financial hardship.

What Other Administrative Fees Should Businesses and Individuals Anticipate?

Beyond standard filing fees, HB 759 proposes adjustments to various service charges for specific clerical tasks. Civil lawyers should be aware that costs for preparing and certifying transcripts, verifying instruments, and issuing subpoenas are set to increase. The bill also outlines specific fee adjustments for niche legal matters, including an increase in the fee a clerk may charge for auditing the return of a ward’s estate and higher filing fees for additional timeshare interests joining a consolidated timeshare foreclosure action. Furthermore, the legislation increases the service charge clerks are entitled to for the disbursement of surplus proceeds regarding certain judicial sales procedures.

Is There A Mechanism For Legislative Oversight?

To ensure transparency and track the economic impact of these changes, the bill includes a statutory requirement for the Office of Economic & Demographic Research to prepare a specific report. This report must be submitted to the Legislature, providing data that may influence future decisions regarding court funding and fee structures.

How Will Future Increases Be Handled?

Does the bill account for future inflation?

HB 759 includes a mechanism for automatic adjustments. The bill proposes that civil filing fees and service charges increase every three years based on the Consumer Price Index, with these automatic adjustments beginning on January 1, 2030. This provision aims to prevent long periods of stagnation in fee structures.

What role does technology play in these costs?

Clerks have implemented various technological solutions, such as digital jury check-in systems, online self-help centers, and the E-Filing Portal. However, proponents of the bill argue that technology can only stretch limited resources so far in the face of rising labor costs.

When Will These Changes Take Effect?

What Is The Effective Date For HB 759?

If passed, the bill has a proposed effective date of July 1, 2026. This timeline provides civil lawyers and their clients a window to prepare for the revised fee schedules.

What is the current legislative status?

As of January 2026, the House Civil Justice and Claims Subcommittee voted 17-0 to approve the bill. It has since been referred to the Judiciary Committee. A companion bill in the Senate, SB 532, is also moving through the legislative process.

Preparing for the Future of Florida Litigation

With HB 759 currently under review by the House Judiciary Committee and a companion bill pending in the Senate, the state is moving toward a modernized fee structure intended to sustain the essential operations of the court system. These adjustments, slated for a July 1, 2026, effective date, underscore the importance of proactive financial planning in all legal matters.

As a full-service law firm, Johnson Pope monitors legislative developments to ensure clients are prepared for the changing legal environment. Reach out to Johnson Pope for experienced legal counsel in civil litigation. By combining in-depth statutory knowledge with a commitment to building relationships from the ground up, the firm remains dedicated to laying a solid foundation for the future success of individuals and businesses alike.

Call Our Offices To Schedule A Consultation With Our Experience Civil Litigation Team to Learn More

[1] Jim Ash, Bill Would Raise Civil Court Filing Fees to Address $75 Million Clerk Shortfall, The Florida Bar (Jan. 20, 2026), https://www.floridabar.org/the-florida-bar-news/bill-would-raise-civil-court-filing-fees-to-address-75-million-clerk-shortfall/.

[2] Id.

[3] HB 759 (2026).

[4] Jim Ash, Bill Would Raise Civil Court Filing Fees to Address $75 Million Clerk Shortfall, The Florida Bar (Jan. 20, 2026), https://www.floridabar.org/the-florida-bar-news/bill-would-raise-civil-court-filing-fees-to-address-75-million-clerk-shortfall/.