Florida Statute 28.13 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title V
JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

View Entire Chapter

F.S. 28.13

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 with related case files and affixing a stamp, which may be electronic, to each submission indicating the date and time that the submission was filed. The clerk may not permit any attorney or other person to remove filed documents from the control or custody of the clerk without leave of the court, except as otherwise provided by law.

History.—s. 59, Nov. 18, 1828; RS 1389; GS 1830; RGS 3075; CGL 4856; s. 1, ch. 89-297; s. 159, ch. 95-147; s. 1, ch. 2013-109.

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Amendments to 28.13

Annotations, Discussions, Cases:

Cases Citing Statute 28.13

Total Results: 13

Becker v. King

307 So. 2d 855

District Court of Appeal of Florida | Filed: Jan 17, 1975 | Docket: 1335585

Cited 30 times | Published

Sec. 1, note 5. [5] Section 28.29, F.S. [6] Section 28.13, F.S. [7] Section 28.212, F.S. [8] See R.Cr

Amendments to Rules of Jud. Admin.-Reorg.

939 So. 2d 966, 2006 WL 2708465

Supreme Court of Florida | Filed: Sep 21, 2006 | Docket: 401442

Cited 14 times | Published

administrative efficiency of a court. We note that section 28.13, Florida Statutes (1995), similarly prohibits

Rockhaulers, Inc. v. Davis

554 So. 2d 654, 1989 WL 155601

District Court of Appeal of Florida | Filed: Dec 29, 1989 | Docket: 1693367

Cited 7 times | Published

providing assistance to one in trouble. 1A Larson, at § 28.13. This "true emergency" requirement lies at the

Wald Corp. v. Metropolitan Dade County

338 So. 2d 863, 1976 Fla. App. LEXIS 15760

District Court of Appeal of Florida | Filed: Oct 12, 1976 | Docket: 455430

Cited 6 times | Published

the police power. Wald finally contends that Section 28-13 is unconstitutionally vague in that it allows

Schaab v. State

33 So. 3d 763, 2010 Fla. App. LEXIS 5290, 2010 WL 1563698

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 1153195

Cited 5 times | Published

and security, arranged in appropriate files." § 28.13, Fla. Stat. (2008). Because the judgment of indirect

Cook v. Walgreen Co.

399 So. 2d 523

District Court of Appeal of Florida | Filed: Jun 10, 1981 | Docket: 110617

Cited 4 times | Published

entry was made in the proper docket book.) Section 28.13, Florida Statutes (1979), further describes

Mattson v. Kolhage

569 So. 2d 1358, 1990 WL 175774

District Court of Appeal of Florida | Filed: Nov 13, 1990 | Docket: 1190900

Cited 3 times | Published

upon each the time when the same was filed)... ." § 28.13, Fla. Stat. (1989) (emphasis added). The clerk

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE v. WILLIAM F. NOLL, I I I

261 So. 3d 656

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8110449

Published

maintain any type of filed document. See generally § 28.13, Fla. Stat. (2016) (describing the duties of the

Doe v. State

210 So. 3d 154

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 4426655

Published

to a record is founded in state statutes. See § 28.13, Fla. Stat. (2010); Radford v. Brock, 914 So.2d

Radford v. Brock

975 So. 2d 472, 2007 WL 1574388

District Court of Appeal of Florida | Filed: Jun 1, 2007 | Docket: 1425235

Published

have the records Mr. Radford requests. Under section 28.13, Florida Statutes (1987), the clerk has a duty

In re Florida Rule of Judicial Administration 2.072

675 So. 2d 1376, 21 Fla. L. Weekly Supp. 291, 1996 Fla. LEXIS 1066, 1996 WL 350146

Supreme Court of Florida | Filed: Jun 27, 1996 | Docket: 64765981

Published

administrative efficiency of a court. *1377We note that section 28.13, Florida Statutes (1995), similarly prohibits

Martinez v. D.L. Cullifer & Son, Inc.

556 So. 2d 796, 1990 Fla. App. LEXIS 925, 1990 WL 13531

District Court of Appeal of Florida | Filed: Feb 13, 1990 | Docket: 64648071

Published

providing assistance to one in trouble. 1A Larson, at § 28.13. This “true emergency” requirement lies at the

Becktell v. Heath

308 So. 2d 647, 1975 Fla. App. LEXIS 14580

District Court of Appeal of Florida | Filed: Feb 28, 1975 | Docket: 64544659

Published

office with the utmost care and security . . ..” § 28.13, F.S. 1973. Rule 3.220 (d)RCrP, provides in part