Florida Statutes Title V Chapter 28 - Clerks Of The Circuit Courts

• 28.001 - Definitions.
  As used in this chapter:(1) “Official records” means each instrument that the clerk of the circuit court is required or authorized to record in one general...
• 28.01 - Bond Of Circuit Court Clerks; Small Counties.
  In each county of the state having a population of 150,000 or less according to the last state census, the clerk of the circuit court...
• 28.02 - Bond Of Circuit Court Clerks; Large Counties.
  In each county of the state having a population in excess of 150,000 according to the last state census, the clerk of the circuit court...
• 28.03 - Obligation Of Sureties.
  Each surety upon such bond may bind himself or herself for a specified sum, but the aggregate amount for which the sureties shall bind themselves...
• 28.04 - Justification Of Sureties.
  Each surety upon such bond shall make affidavit that the surety is a resident of the county for which the clerk is to be commissioned,...
• 28.05 - Surety Companies.
  The provisions of ss. 28.01-28.04 as to number of sureties, affidavits of residence and justification of same, shall not apply to solvent surety companies authorized...
• 28.06 - Power Of Clerk To Appoint Deputies.
  The clerk of the circuit court may appoint a deputy or deputies, for whose acts the clerk shall be liable, and the said deputies shall...
• 28.07 - Place Of Office.
  The clerk of the circuit court shall keep his or her office at the county seat. If the clerk finds a need for branch offices,...
• 28.071 - Clerk’s Seal.
  Each clerk shall provide a seal which shall have inscribed thereon substantially the words:“Circuit Court”“Clerk,” “(Name of county)”which shall be the official seal of the...
• 28.09 - Clerk Ad Interim.
  In the case of vacancy occurring in the office of a clerk of the circuit court by death, resignation, or other cause, the judge of...
• 28.101 - Petitions And Records Of Dissolution Of Marriage; Additional Charges.
  (1) When a party petitions for a dissolution of marriage, in addition to the filing charges in s. 28.241, the clerk shall collect and receive:(a) A charge...
• 28.12 - Clerk Of The Board Of County Commissioners.
  The clerk of the circuit court shall be clerk and accountant of the board of county commissioners. He or she shall keep the minutes and...
• 28.13 - Papers And Electronic Filings.
  The clerk of the circuit court must maintain all papers and electronic filings in the clerk’s office with the utmost care and security, storing them...
• 28.14 - Records, Judgments, Orders, And Decrees Prior To Circuit Courts.
  All the records, judgments, orders, and decrees of the several circuit courts, in the respective counties, made and entered before July 28th, 1868, shall be...
• 28.15 - Records From Superior Courts.
  The files, rolls and books of record of the superior courts of the several districts of the Territory of Florida remaining in the clerk’s offices...
• 28.16 - Certain Records From Prior County Courts.
  All the records, judgments and orders in the several county courts, in the respective counties, made and entered prior to May 4th, 1875, where the...
• 28.211 - Clerk To Keep Docket.
  The clerk of the circuit court shall keep a progress docket in which he or she shall note the filing of each pleading, motion, or...
• 28.212 - Minutes Of Court Proceedings.
  The clerk may keep minutes of court proceedings. The action of the court shall be noted in the minutes, but orders and judgments shall not...
• 28.213 - Disposal Of Physical Evidence Filed As Exhibits.
  The clerk of any circuit court or county court may dispose of items of physical evidence which have been held as exhibits in excess of...
• 28.215 - Pro Se Assistance.
  The clerk of the circuit court shall provide ministerial assistance to pro se litigants. Assistance shall not include the provision of legal advice.History.—s. 27, ch.
• 28.222 - Clerk To Be County Recorder.
  (1) The clerk of the circuit court shall be the recorder of all instruments that he or she may be required or authorized by law to...
• 28.22205 - Electronic Filing Process.
  Each clerk of court shall implement an electronic filing process. The purpose of the electronic filing process is to reduce judicial costs in the office...
• 28.2221 - Electronic Access To Official Records.
  (1) The Legislature finds that a proper and legitimate state purpose is served by providing the public with access to public records and information on the...
• 28.2222 - Public Records Capital Improvement Plan.
  On or before December 1 of each year immediately preceding each year in which the Public Records Modernization Trust Fund is scheduled for review under...
• 28.223 - Probate Records; Recordation.
  (1) The clerk of the circuit shall record all wills and codicils admitted to probate, orders revoking the probate of any wills and codicils, letters of...
• 28.231 - Service Charges By Clerks Of Courts.
  The clerk of any state appellate or county or state trial court shall receive as compensation for similar services the same charges as provided in...
• 28.235 - Advance Payments By Clerk Of Circuit Court.
  The clerk of the circuit court is authorized to make advance payments on behalf of the county for goods and services, including, but not limited...
• 28.24 - Service Charges.
  The clerk of the circuit court shall charge for services rendered manually or electronically by the clerk’s office in recording documents and instruments and in...
• 28.2401 - Service Charges And Filing Fees In Probate Matters.
  (1) Except when otherwise provided, the clerk may impose service charges or filing fees for the following services or filings, not to exceed the following amounts:(a) Fee...
• 28.2402 - Cost Recovery; Use Of The Circuit Court For Ordinance Or Special Law Violations.
  (1)(a) In lieu of payment of a filing fee under s. 28.241, a filing fee of $10 shall be paid by a county or municipality when...
• 28.2405 - Comprehensive Case Information System.
  All clerks of the circuit court shall participate in the Comprehensive Case Information System of the Florida Association of Court Clerks and Comptrollers, Inc., and...
• 28.241 - Filing Fees For Trial And Appellate Proceedings.
  (1) Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. Reopen fees are...
• 28.242 - Service Charges Retained When Case Laid In Wrong Venue.
  The service charge paid by law to the clerk or judge of the court wherein a case is laid in the wrong venue shall be...
• 28.243 - Personal Liability For Accepting Checks.
  (1) A check received by the office of a clerk of a court or comptroller which is tendered to him or her in payment for any...
• 28.244 - Refunds.
  A clerk of the circuit court or a filing officer of another office where records are filed who receives payment for services provided and thereafter...
• 28.245 - Transmittal Of Funds To Department Of Revenue; Uniform Remittance Form Required.
  Notwithstanding any other provision of law, all moneys collected by the clerks of the court as part of the clerk’s court-related functions for subsequent distribution...
• 28.2457 - Mandatory Monetary Assessments.
  (1)(a) Except as otherwise provided by law, a monetary assessment mandated by statute shall be imposed and included in the judgment without regard to whether the...
• 28.246 - Payment Of Court-related Fines Or Other Monetary Penalties, Fees, Charges, And Costs; Partial Payments; Distribution Of Funds.
  (1) The clerk of the circuit court shall report the following information to the Legislature and the Florida Clerks of Court Operations Corporation on a form,...
• 28.29 - Recording Of Orders And Judgments.
  Orders of dismissal and final judgments of the courts in civil actions shall be recorded in official records. Other orders shall be recorded only on...
• 28.30 - Records; Destruction; Reproduction; Electronic Recordkeeping.
  (1) The purpose of this section and s. 28.31 is to make available for the use of the clerks of the circuit court of the several...
• 28.31 - Notice To County Commissioners Of Intent To Destroy; Approval Of Board.
  The clerk of the circuit court shall notify the board of county commissioners of the clerk’s county in writing a reasonable time in advance of...
• 28.32 - Destruction Of Certain Instruments.
  After the expiration of 20 years from the date of the execution of any bond or other instrument held by the clerk of the circuit...
• 28.33 - Investment Of County Funds By The Clerk Of The Circuit Court.
  The clerk of the circuit court in each county shall invest county funds in excess of those required to meet expenses as provided in s....
• 28.34 - Salary Discrimination Based On Gender Or Race; Review Within The County And Circuit Courts.
  Each clerk of the court shall undertake an annual review of compensation, race, and gender employment policies for all persons employed or appointed by the...
• 28.345 - State Access To Records; Exemption From Court-related Fees And Charges.
  (1) Notwithstanding any other provision of law, the clerk of the circuit court shall, upon request, provide access to public records without charge to the state...
• 28.35 - Florida Clerks Of Court Operations Corporation.
  (1)(a) The Florida Clerks of Court Operations Corporation is created as a public corporation organized to perform the functions specified in this section and s. 28.36....
• 28.36 - Budget Procedure.
  There is established a budget procedure for the court-related functions of the clerks of the court.(1) Only those functions listed in s. 28.35(3)(a) may be funded...
• 28.37 - Fines, Fees, Service Charges, And Costs Remitted To The State.
  (1) Pursuant to s. 14(b), Art. V of the State Constitution, selected salaries, costs, and expenses of the state courts system and court-related functions shall be...
• 28.42 - Manual Of Filing Fees, Charges, Costs, And Fines.
  The clerks of court, through their association and in consultation with the Office of the State Courts Administrator, shall prepare and disseminate a manual of...
• 28.44 - Clerk Discontinuance Of Court-related Functions.
  (1) No function of the clerk of court being performed in support of the trial courts by the individual clerks of court on July 1, 2004,...
• 28.45 - Provision Of Financial Data To Executive Office Of The Governor.
  Each clerk of court shall provide financial data concerning his or her expenditures for court-related duties, including expenditures for court-related information technology, to the Executive...

Last modified: September 23, 2016