CopyCited 65 times | Published | Supreme Court of Florida | 1996 WL 673822
...where the trial took place or in the judicial circuit wherein the appellate court is located. See §
27.51(4), Fla.Stat. (1975). Counsel for a non-indigent defendant may obtain a copy of the record at the cost prescribed by law. At the present time, section
28.24(13), Florida Statutes (1975), as amended by chapter 77-284, § 1, Laws of Florida, prescribes a cost of $1 per page....
CopyCited 51 times | Published | Supreme Court of Florida | 1996 WL 908661
...where the trial took place or in the judicial circuit wherein the appellate court is located. See §
27.51(4), Fla.Stat. (1975). Counsel for a non-indigent defendant may obtain a copy of the record at the cost prescribed by law. At the present time, section
28.24(13), Florida Statutes (1975), as amended by chapter 77-284, § 1, Laws of Florida, prescribes a cost of $1 per page....
CopyCited 20 times | Published | Florida 4th District Court of Appeal | 1996 WL 332346
...e Florida Association of Court Clerks, Inc. PARIENTE, Judge. This lawsuit arose when the Clerk of the Palm Beach County Circuit Court commenced charging $1.00 per page for copies of court records, asserting that this charge was in accordance with subsection 28.24(8)(a), Florida Statutes (1995)....
...We affirm the trial court's entry of summary judgment because we find that the principles of Times Publishing Co. v. Ake,
660 So.2d 255 (Fla.1995), are not violated by the legislative determination of applicable charges for copies of court records and further that the charges set forth in subsection
28.24(8)(a) are applicable to all court records....
...visory authority over the judicial branch, precludes the legislature from setting fees for copies of court records. See also Bauer v. Resolution Trust Corp.,
621 So.2d 521, 522 (Fla. 4th DCA 1993) (clerk of court required to charge fees specified by section
28.24(13)). As an alternative argument, appellants contend that if the legislature has the authority to mandate the fees charged for copying court records, then the $.15 per page charge set forth in subsection
119.07(1)(a) applies, rather than subsection
28.24(8). Section
28.24 establishes a comprehensive fee schedule for services provided by the clerk, [3] and specifically, section
28.24(8)(a) provides for a service charge by the Clerk of the Circuit Court of $1.00 per page for the making of copies by photographic process for "any instrument in the public records" consisting of pages not more than 14 inches by 8 1/2 inches. Appellants argue that subsection *677
28.24(8) does not apply to all court records because all court records are not included within the phrase "any instrument in the public records." While section
28.24 sets forth the mandatory amounts to be charged by the clerk of court for a comprehensive list of specific services, subsection
119.07(1)(a) is a general statute applicable to all custodians of public records....
...ot more than 14 inches by 8 ½ inches, upon payment of not more than 15 cents per one-sided copy, and for all other copies, upon payment of the actual cost of duplication of the record. (Emphasis supplied). If court records are not encompassed by subsection
28.24(8), there would be no fee prescribed by law, and subsection
119.07(1)(a) would apply....
...[4] Whether or not an "instrument" includes all court records maintained by the clerk depends on whether a restrictive or expansive definition of "instrument" is employed. *678 In a July 11, 1994 opinion, the Florida Attorney General opined that the term "instrument" within section 28.24(8) included only those documents having independent legal significance, such as contracts, deeds, wills, bonds, or leases....
...(Emphasis supplied). Because public records encompass both recorded and unrecorded documents, if the legislature had intended to restrict the $1.00 charge to recorded documents only, it would have utilized the phrase "instrument in the official records." See § 28.24(15)(c)....
...istent with the Attorney General's opinion. A phrase must be viewed in the context of the entire statutory section. See Jackson v. State,
634 So.2d 1103, 1104 (Fla. 4th DCA 1994); Arthur Young,
630 So.2d at 1202. A review of other subsections within section
28.24 supports the conclusion that the legislature intended to use the term "instrument" expansively. Subsection
28.24(4) requires a $2.00 per "instrument" charge for preparing, numbering, and indexing an original "record" of appellate proceedings....
...See Weber v. Dobbins,
616 So.2d 956, 958 (Fla.1993) (literal interpretation of language of statute need not be given when to do so would lead to unreasonable or ridiculous conclusion). Other examples of the expansive use of the term "instrument" within section
28.24 are as follows: (5): For certifying copies of any instrument in the public records ......
...$1.00 per page * * * * * * (10): For copying any instrument in the public records by other than photographic process, per page ... $4.00. If the term "instrument" were limited to recorded documents, there would be no charge established for certifying copies of all other court documents. In view of the fact that section 28.24 encompasses a comprehensive schedule of services and the corresponding charges, it is logical to conclude that the legislature intended to set charges for all court records and not only a very limited class of documents....
...pter for the clerk of the circuit court." Since the appellate court clerks do not handle any recorded court records, the appellate court clerk's current practice of charging $1.00 per page, derived from reading section
28.231 in pari materia with subsection
28.24(8)(a), would be without statutory authority....
..." (Emphasis supplied). The use of the term "other" in the phrase "or other instruments" indicates that opinions, records, and papers are included in the term "instruments" for purposes of that statute. Because the subject matter of sections
25.241 and
28.24(8) is closely related, i.e., the copying of public records, it follows that the term "instrument" should be interpreted consistently in the two sections. See Florida State Racing Comm'n v. McLaughlin,
102 So.2d 574, 576 (Fla.1958) (whether statute being construed is consistent with closely related statute is a factor in statutory construction). A reading of section
28.24 as a whole and in pari materia with similar statutes governing court records leads us to the conclusion that there is no legal distinction in section
28.24 between the term "instrument" and the term "document," and court records are thus included within "any instrument in the public records" subject to subsection
28.24(8)(a) copying charges....
...the closing of court records does not. In re Amendments to Rule of Judicial Administration 2.051Public Access to Judicial Records,
651 So.2d 1185, 1186 (Fla. 1995). [3] Examples of the services covered and fees charged by the clerk of court under section
28.24 include the following: court attendance by each clerk at $75.00 per day; court minutes at $5.00 per page; verifying any instrument presented for certification prepared by someone other than the clerk at $2.00 per page; and recording, in...
CopyCited 19 times | Published | Supreme Court of Florida | 2000 WL 1508541
...here the trial took place or in the judicial circuit wherein the appellate court is located. See §
27.51(4), Fla. Stat. (1975). Counsel for a non-indigent defendant may obtain a copy of the record at the cost prescribed by law. At the present time, section
28.24(13), Florida Statutes (1975), as amended by chapter 77-284, § 1, Laws of Florida, prescribes a cost of $1 per page....
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit
...le, No. 55880). 10 Third, contrary to the appellees’ contention, the intangible tax does not fall under the second exclusion because it is not a recording fee; rather, recording fees are imposed under a wholly different statute. See Fla.Stat. Ann. § 28.24 (West 1988) (setting charge for recording fees)....
CopyCited 16 times | Published | Supreme Court of Florida
...where the trial took place or in the judicial circuit where the appellate court is located. See
27.51(4), Fla. Stat. (1975). Counsel for a non-indigent defendant may obtain a copy of the record at the cost prescribed by law. At the present time, Section
28.24(13), Florida Statutes (1975), as amended by Chapter 77-284, 1, Laws of Florida, prescribes a cost of $1 per page....
CopyCited 14 times | Published | Supreme Court of Florida | 1948 Fla. LEXIS 1058
the Clerk of the Circuit Court as costs under Section
28.24, Florida Statutes 1941, F.S.A. In an opinion
CopyCited 12 times | Published | Supreme Court of Florida
...here the trial took place or in the judicial circuit wherein the appellate court is located. See §
27.51(4), Fla. Stat. (1975). Counsel for a non-indigent defendant may obtain a copy of the record at the cost prescribed by law. At the present time, section
28.24(13), Florida Statutes (1975), as amended by chapter 77 284, § 1, Laws of Florida, prescribes a cost of $1 per page....
CopyCited 11 times | Published | Supreme Court of Florida | 157 Fla. 55, 1946 Fla. LEXIS 658
a strict construction against the claimant. Section
28.24, Florida Statutes, 1941, provides for the "compensation
CopyCited 8 times | Published | Supreme Court of Florida | 160 Fla. 913, 1948 Fla. LEXIS 963
...rty. However, it did not pay to the clerk of the court within said ten-day period certain commissions in the amount of $887.50 which it is claimed accrued to the clerk subsequent to the rendition of the judgment and to which he became entitled under section 28.24 Florida Statutes 1941, F.S.A....
...“The compensation of the clerk of the Circuit court, as clerk or recorder, shall be entirely by fees and, unless otherwise provided, shall be as follows: . . . moneys, receiving into registry, and paying out first $500.00, per cent 1. Each subsequent $100.00, per cent Sec. 28.24 Florida Statutes 1941, F.S.A....
CopyCited 7 times | Published | Supreme Court of Florida
...S[eaboard] A[ir] L[ine] Ry. Co. v. Smith,
53 Fla. 375, 385,
43 So. 235; Akin v. State,
86 Fla. 564,
98 So. 609; 2 Encyc. Pldg. & Prac. 727." It is last contended that the judgment was vitiated for failure of the condemnors to include clerks fees as required by Section
28.24, Florida Statutes F.S.A., with the amount of final judgment paid into the registry of the court....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1994 WL 182035
...1st DCA 1976), for the proposition that "the charges of an administrative agency for preparing the record could not exceed the cost which a clerk of a circuit court may charge for preparation of a record on appeal in accordance with the Florida Appellate Rules,"
390 So.2d at 732, the court ruled that, since section
28.24(5), Florida Statutes (1979), authorized court clerks to charge a dollar a page for making transcripts of record, agency clerks could do the same as long as the agency had paid for the original transcript, emphasizing, in the court's ord...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 3966, 2009 WL 1162857
...fee or reflecting its reimposition. McMillan also challenges two charges appearing on the Lien Order and on a Judgment Lien, both rendered on August 29, 2007. One is a $12 service charge for "Preparation of Satisfaction of Lien/Document" pursuant to section 28.24(8), Florida Statutes (2006), and the other is a $16 charge for "Recording of Satisfaction of Lien/Document" pursuant to section 28.241. McMillan claims that section 28.24(8) only authorizes the clerk to charge $6 for preparation of the satisfaction of lien and that section 28.241 does not authorize the imposition of a $16 charge for recording a satisfaction of lien....
CopyCited 4 times | Published | Supreme Court of Florida
...The bond shall have one or more sureties approved by the clerk of the circuit court. When the bond is filed with the clerk of the circuit court it shall operate as a supersedeas. The clerk of the circuit court shall receive a service charge as provided in § 28.24 for approving the appeal bond payable when the bond is filed with him by the appellant....
CopyCited 3 times | Published | Supreme Court of Florida
...His position is supported by a brief filed by the Florida Association of Court Clerks as a friend of the Court. The Association's brief stresses the detrimental impact on the offices of Circuit Court Clerks statewide that the District Court's decision is likely to have. Section 28.24, Florida Statutes (1975), sets out a schedule of charges for services rendered by the offices of the Circuit Court Clerks....
...[N]o sum paid into the registry of the court pursuant to this chapter shall be charged with commissions or poundage." And, in its place, inserted: "No sum refunded to the petitioner from the registry of the court pursuant to this chapter shall be charged with commissions or poundage." [5] § 28.24(14), Florida Statutes.
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1996 WL 648293
...ed the person requesting such records agrees to pay a charge. The exclusive charge for copies of patient records may include sales tax and actual postage, and, except for nonpaper records which are subject to a charge not to exceed $2 as provided in s. 28.24(9)(c), may not exceed $1 per page, as provided in s. 28.24(8)(a)....
...aper, the applicable charge for copies may not exceed $2. The Representatives, on the other hand, urge that "nonpaper records" refers to the requested copies of patient records. In support of their argument, the Representatives place great weight on section 28.24, the statute referenced in the medical records statute. Section 28.24 outlines the charges to be assessed by the clerks of the circuit courts for services rendered by their offices....
...ge ............... 5.00 (9) For making microfilm copies of any public records: (a) 16 mm 100' microfilm roll .................... 25.00 (b) 35 mm 100' microfilm roll .................... 35.00 © Microfiche, per fiche .......................... 2.00 § 28.24(8)-(9), Fla....
...HCC adds that the legislature could not have intended the $1 charge to apply only to "instruments in the public record," as it does with the clerks' statute, since medical records are private and confidential, not public records. See §
395.3025(3), Fla. Stat. (1993). Finally, HCC stresses that section
28.24(9)(c) applies to microfiche but does not reference microfilm, both of which are nonpaper sources, and that a literal cross-application of the clerks' fee schedule would make the medical records statute illogical....
...smaller paper, regardless of whether the source for the copy was a paper, microfilm or microfiche record. First, the plain language of the statute explains that the $1 charge is to be assessed, with a single exception, in all cases "as provided in" section 28.24(8)(a). The exception, the $2 charge, applies only to nonpaper copies "as provided in" section 28.24(9)(c). Importantly, the referenced provisions of section 28.24, the clerks' statute, differentiate between charges based not on the medium of the source record, but on the form of the reproduction actually purchased from the clerk....
...es are chiefly differentiatedrelative to the type of material obtained by the records purchaser. [5] HCC's argument that the medical records statute is not written to parallel the clerks' statute because the clerks may only assess the $1 fee under section 28.24(8)(a) for photocopying "instruments in the public record" is likewise rejected....
...roprinted media, particularly microfilm and microfiche. [4] Otherwise, the legislature might simply have written that the exclusive charge for copies would be $1 for copies from paper records and $2 for copies from nonpaper records. The reference to section 28.24 would be entirely unnecessary....
CopyCited 1 times | Published | Supreme Court of Florida
...e the public defender either in the judicial circuit wherein the appellate court is located. See §
27.51(4), Fla. Stat. (1975). Counsel for a non-indigent defendant may obtain a copy of the record at the cost prescribed by law. At the present time, Section
28.24(13) Florida Statutes (1975), as amended by Chapter 77-284, ¶ 1, Laws of Florida, prescribes a cost of $1, per page....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1991 WL 151982
...Public Employees Relations Comm'n,
338 So.2d 1286 (Fla. 1st DCA 1976), that an agency may charge the cost of record preparation to the party requesting the record so long as the charge does not exceed that which could be imposed by *135 a circuit court clerk under section
28.24(4), Florida Statutes....
...Even if the challenged rule sought to implement section
120.53(1)(b) in line with these holdings, it must still be deemed an impermissible modification. The rule's assessment of 50 cents per page is an entirely different rate than the $2.00 per instrument authorized by section
28.24(4)....
CopyPublished | Florida 2nd District Court of Appeal
includes recording costs of $9 and $10 that cite section
28.24(12)(a), (b), and (d), Florida Statutes (2022)
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
deed and sale of the property as provided in section
28.24, Florida Statutes.3 Once the application and
CopyPublished | Florida 5th District Court of Appeal
...depository held and controlled by the court and its staff. Indeed,
other statutes that speak of “the court registry” or “the registry of
the court” make plain that the terms describe the depository held
and controlled by the court. See, e.g., § 28.24(11), Fla....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722
...Prob. R. 5.270 Revocation of probate. *583 RULE 5.235. ISSUANCE OF LETTERS, BOND (a) (c) [No Change] Committee Notes [No Change] Rule History 1988 Revision 2003 Revision [No Change] 2010 Revision: Committee notes revised. Statutory References § 28.24 (2419), Fla. Stat. Service charges by clerk of the circuit court. § 28.2401, Fla....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
Mr. Gregory V. Beauchamp County Attorney Levy County Post Office Box 306 Bronson, Florida 32621 Dear Mr. Beauchamp: This is in response to your request for an opinion on substantially the following question: DO THE PROVISIONS OF s. 28.24 , F.S., WHICH ENUMERATE THE CHARGES TO BE IMPOSED BY THE CLERK OF THE CIRCUIT COURT FOR SERVICES PERFORMED BY HIS OFFICE, SPECIFICALLY s. 28.24 (8)(a), PRESCRIBING THE FEE FOR COPYING BY PHOTOGRAPHIC PROCESS INSTRUMENTS IN THE PUBLIC RECORDS, APPLY TO ALL DOCUMENTS IN THE CLERK'S CUSTODY? You have informed this office that a local newspaper reporter has requested a copy of a lengthy public record....
...The document is not one recorded in the Official Record Books of Levy County, but is in the custody of the clerk of the circuit court acting in his capacity as ex officio clerk of the board of county commissioners. Accordingly, you inquire whether the service charges prescribed in s. 28.24 (8)(a) for making copies by the photographic process of instruments in the public records apply when the request is for copies of the minutes of public meetings, county resolutions, budgets, etc., or whether such service charges are applicable only for copies of documents recorded in the Official Records....
...Section
28.222 , F.S. (1984 Supp.). Once an instrument is filed with the clerk to be "spread at length upon the record books kept by such clerk" it becomes a part of the public records. State ex rel. Harris v. Wiecking, *2502
61 So. 125 (Fla. 1913). Section
28.24 , F.S., as amended by s....
...85-249, Laws of Florida, enumerates the charges which the clerk of the circuit court, as county recorder, is required to make for services rendered by his office in recording documents and instruments or in verifying or making copies of instruments in the public records. See also, s. 28.2401 (service charges in probate matters). Cf., AGO 79-51. You specifically inquire as to the charge prescribed in s. 28.24 (8)(a) which provides that the charge "[f]or making copies by photographic process of any instrument in the public records consisting of pages of not more than 14 inches by 8 1/2 inches, per page" (e.s.) is $1.00. Compare, s. 119.08, F.S., providing for photographing public records; cf., AGO 82-23, concluding that the service charge in s. 28.24 for photographing instruments in the public records is applicable only when the clerk performs the service. The term "instrument" is not defined in s. 28.24 ; however, it has generally been defined as "a formal or legal document in writing, such as a contract, deed, will, bond, or lease ....
...Section 28.19(2) provides that the clerk of the circuit court is not required to perform any service in connection with the inspection or making extracts of instruments of writing recorded in the public records "without payment of service charges as provided in s.
28.24 ." And see, s.
28.222 (3), supra, setting forth the types of instruments to be recorded upon payment of the service charges prescribed by law. In considering these statutes in pari materia with the provisions of s.
28.24 , it appears that the service charge imposed pursuant to s.
28.24 (8)(a) refers to the photographic copying of instruments recorded in the public records and not to all public records which the clerk may maintain as ex officio clerk of the board of county commissioners....
...To conclude otherwise would by implication require the clerk of the circuit court, operating as a fee officer, to charge the county and its officers for copies of the minutes of county meetings, county resolutions, the county budget, etc., in light of the provisions of s. 28.24 which state that in those counties where the clerk's office operates as a fiscal unit of the county pursuant to s....
...infer that had Legislature intended to establish other exceptions it would have done so clearly and unequivocally). Cf., City of St. Petersburg v. Siebold,
48 So.2d 291 (Fla. 1950). Accordingly, I am of the opinion that service charges prescribed in s.
28.24 (8)(a) for making copies by photographic process of instruments in the public records applies to those instruments filed and recorded in the Official Records by the clerk of the circuit court, but that such charges are not applicable to such...
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21247
...After performing his duties provided in Section
45.031(1), Florida Statutes, the Clerk issued his certificate of disbursements of proceeds of the sale. In addition to withholding from the bid amount the fee provided for in the foregoing statute he withheld an additional clerk’s fee in the amount of $149.60 as provided in Section
28.24(14), Florida Statutes, for placing the proceeds of the sale in the registry of the court preliminary to disbursing them in accordance with the court’s judgment....
...The trial court entered its order requiring the Clerk to pay over to the mortgagee the $149.60 sum, holding that the $25 fee provided for in Section
45.031(1) was the only fee to which the Clerk was entitled. We find the trial court’s determination was correct. Section
28.24 sets out the service charges to be made by the Clerk of the Circuit Court for the various general services rendered by his office....
...As a part of his duties in handling the sale, the Clerk must receive the purchase money and then disburse it in accordance with the court’s order on final judgment. For the services he performs, Section
45.031 allows him the $25 service charge. This fee for handling a judicial sale is obviously an alternate fee to the Section
28.24 general schedule of the Clerk’s service charges. Section
28.24 governs the general charges, but Section
45.031 governs the particular charge for a judicial sale....
...in statute and with the particular wording of that statute and not with a judicial sale. The eminent domain statute provided no alternative fee as does Section
45.031 with which we are here concerned. The court in Taylor did say that the language of Section
28.24 is mandatory and that any exceptions to that statute should be clear. For the *788 reasons we have heretofore stated, we find that the fee provided for the Clerk for his services in administering a judicial sale is clearly an alternative to an exception to the general fees set forth in Section
28.24....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
Honorable Jed Pittman Clerk of Circuit Court QUESTION: 1. Does the $1.00 per page copying fee specified in s. 28.24 (8)(a), F.S., apply only to those instruments recorded in the Official Records Book, or does it apply to all court records as well? 2. Is a person requesting access or copies of court files required to disclose his or her name, address, telephone number or the like to the clerk? SUMMARY: 1. The service charge specified in s. 28.24 (8)(a), F.S., does not apply to all court records; it applies only to those records which have been recorded in the public records....
...the record. 5 However, a special service charge is authorized when the nature or volume of the records to be copied requires extensive clerical or supervisory assistance or extensive use of information technology resources or both. 6 You ask whether s. 28.24 (8)(a), F.S., prescribes the fee to be charged by the clerk in making copies of records in the court files. You refer to AGO 85-80 in which this office stated that the service charges prescribed in s. 28.24 (8)(a), F.S., for making copies by photographic process of instruments in the public records applied to those instruments filed and recorded in the Official Records by the clerk of the circuit court....
...States court having jurisdiction in this state and assignments, releases, and satisfactions. 7 Upon payment of the service charge prescribed by law, the clerk shall record all such instruments in one series of books called the "Official Records." 8 Section 28.24 , F.S., enumerates the charges which the clerk is required to make for certain services rendered by his office....
...Such services are not limited to those relating to instruments or documents recorded in the public records but include, as do other provisions of Ch. 28 , F.S., the charges to be imposed for certain services relating to court proceedings and records. 9 Your inquiry, however, only concerns the application of s. 28.24 (8)(a), F.S., to records in a court file....
...That section establishes a fee of $1.00 10 per page "[f]or making copies by photographic process of any instrument in the public records consisting of pages of not more than 14 inches by 8 1/2 inches . . . ." (e.s.) This office in AGO 85-80 concluded, reading ss.
28.222 and
28.24 (8)(a), F.S., for records or documents in the public records refers to records recorded in the Official Records. Thus, this office stated that the provisions of s.
28.24 (8)(a), F.S., do not apply to those public records maintained by the clerk in his capacity as ex officio clerk of the board of county commissioners. the language in s.
28.24 (8)(a), F.S., has not changed since AGO 85-80 was issued, nor am I aware of any appellate court decision which would alter the conclusion reached in that opinion. I am, therefore, of the opinion that the service charge specified in s.
28.24 (8)(a), F.S., refers to those records or documents which have been recorded in the public records. While certain records in a court file may be recorded, not all records in the court file are authorized or required to be recorded. Thus, s.
28.24 (8)(a), F.S., would not appear to be applicable to those records in the court files which have not been recorded....
...28.223 , F.S., requiring the recordation of probate records. Cf ., AGO 74-320 discussing the recordkeeping requirements of the county court clerk with respect to civil and criminal proceedings and the service charges to be imposed. 8 Section
28.222 (2) and (3), F.S. 9 See , e.g ., s.
28.24 , (court minutes); s.
28.24 (3) (examining, comparing, correcting, verifying, and certifying transcripts of record in appellate proceedings, prepared by attorney or someone other than clerk). And see , s.
28.2401 , F.S., prescribing service charges in probate matters. Cf ., s.
28.24 (5), F.s....
...Fla., 1980), has been brought to this office's attention. The court in Smith stated that the clerk was authorized to charge $1.00 per page for making transcripts of record in appellate or other proceeding. Such a statement was based upon the language of s. 28.24 (5), F.S. 1979, which at that time expressly authorized a fee of $1.00 "[f]or making transcripts of record in appellate or other proceedings." This provision was repealed in 1982 by s. 1, Ch. 82-205, Laws of Florida. The language did not, unlike s. 28.24 (8)(a), F.S., refer to instruments "in the public records." 11 Attorney General Opinion 80-57....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 922, 2002 Fla. LEXIS 2271, 2002 WL 31426247
...here the trial took place or in the judicial circuit wherein the appellate court is located. See §
27.51(4), Fla. Stat. (1975). Counsel for a non-indigent defendant may obtain a copy of the record at the cost prescribed by law. At the present time, section
28.24(13), Florida Statutes (1975), as amended by chapter 77-284, § 1, Laws of Florida, prescribes a cost of $1 per page....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
is required or authorized by law to record.6 Section
28.24(28), Florida Statutes, prescribes a $20 charge
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...Henderson: As Chairman of the Suwannee County Commission and Clerk of Court for Suwannee County, you have both asked for my opinion on substantially the following question: Is the Clerk of Court required to charge the county for services provided under sections
28.24 ,
28.241 ,
34.041 ,
34.171 , and 43.28, Florida Statutes, when the clerk operates as a fee officer? In sum: As a fee officer, the Clerk of Court for Suwannee County is required to charge the county for services provided under sections
28.24 ,
28.241 ,
34.041 , and 43.28, Florida Statutes....
...rmine whether these were valid obligations of the board. While this audit resolved the issue of payment on the majority of contested charges, questions remain about whether the clerk may validly charge the county for services rendered under sections
28.24 ,
28.241 ,
34.041 ,
34.171 , and 43.28, Florida Statutes....
...al report of his finances upon the close of each fiscal year to the county fiscal officer for inclusion in the annual financial report of the county. . . ." 7 As a fee officer, the Clerk of Court for Suwannee County is subject to these requirements. Section 28.24 , Florida Statutes Section 28.24 , Florida Statutes, sets forth the service charges that the clerks of court are entitled to charge as compensation for services of that office....
...145.022 (1), the clerk shall not charge the county for such services." (e.s.) Thus, in situations where the clerk is a budget officer under section
145.022 , Florida Statutes, the clerk is statutorily prohibited from charging the county for services rendered under section
28.24 , Florida Statutes. Conversely, when the clerk is a fee officer, as is the case in Suwannee County, the clerk must charge the county for services rendered in recording documents and instruments and performing duties listed in section
28.24 , Florida Statutes. In Attorney General's Opinion 93-17, this office considered whether the Escambia County comptroller was required to charge the clerk of the circuit court for recording documents pursuant to section
28.24 , Florida Statutes....
...official records of the county. Both of these officers were made budget officers of the county by the special act. In concluding that the county comptroller was prohibited from charging the clerk of the circuit court for those services described in section 28.24 , Florida Statutes, this office relied on the clear language of the statute, which prohibits county budget officers from charging the county for such services. As stated in the opinion: "[I]n counties where the clerk, or, as in this case the comptroller, is a budget officer rather than a fee officer, he or she may not assess charges against the county for those services described in s. 28.24 , F.S....
...(1992 Supp.), including `recording, indexing and filing any instrument not more than 14 inches by 8 inches[.]'" In Suwannee County the clerk of court is not a budget officer prohibited by statute from charging the county for services provided under section 28.24 , Florida Statutes. Rather, the clerk of court is a fee officer and "shall make . . . charges for services rendered by the clerk's office in recording documents and instruments and in performing the duties enumerated" as required by section 28.24 , Florida Statutes. Section 28.241 , Florida Statutes Section 28.241 , Florida Statutes, as amended, 9 requires a party instituting a civil action, suit, or proceeding in circuit court to pay various service charges to the clerk. These fees represent charges the state makes for services rendered by the state through the clerk, and establish a fund subject to the control of the state to be applied as the Legislature directs. 10 Subsection (2) of section 28.241 , Florida Statutes, provides "The clerk of the circuit court of any county in the state who operates his or her office from fees and service charges collected, as opposed to budgeted allocations from county general revenue, shall be pa...
...be increased for that purpose by a special or local law or an ordinance. The sum of all service charges and fees permitted under this subsection may not exceed $200." Thus, the Clerk of Court for Suwannee County, who is a fee officer, is required by section
28.241 (2), Florida Statutes, to charge the county as described in that subsection for services rendered by the state through the clerk's office. Section
34.041 , Florida Statutes This statutory section provides service charges and costs for the county court system and is the counterpart to section
28.241 , Florida Statutes, above, relating to the circuit courts. Pursuant to section
34.041 (1), Florida Statutes, with certain exceptions, "service charges for performing duties of the clerk relating to the county court shall be as provided in ss.
28.24 and
28.241 ." Further, the statute states that "[a]ll filing fees shall be retained as fee income of the office of the clerk of circuit court." 11 Under the clear language of sections
34.041 and
28.241 , Florida Statutes, a clerk of court who is a fee officer is required to charge the county for both county court and circuit court service charges or filing fees and shall retain those moneys as income of that office....
...An exception to this requirement exists for criminal proceedings filed in county courts. Section
34.041 (3), Florida Statutes, states that: "In criminal proceedings in county courts, costs shall be taxed against a person in county court upon conviction or estreature pursuant to chapter 939. The provisions of s.
28.241 (2) shall not apply to criminal proceedings in county court." Thus, while a clerk of court who is a fee officer is authorized to make and retain service charges for criminal cases filed in circuit court, the exception provided in section 34...
...Chapter 145 , Florida Statutes, relating to budget officers do not apply to this situation. In sum, it is my opinion that, as a fee officer, the Clerk of Court for Suwannee County is required to charge the county for services provided under sections
28.24 ,
28.241 ,
34.041 , and 43.28, Florida Statutes....
...145 , Fla. Stat., setting the annual compensation of county officers. 5 Section
125.01 (1)(v), Fla. Stat. 6 See , s.
129.03 , Fla. Stat. 7
351 So.2d 32 , 41-42 (Fla. 1977). 8 See , Ch. 72-460, Laws of Florida, as amended by Ch. 73-455, Laws of Florida. 9 Section
28.241 , Fla....
...See also, Brevard County Board of County Commissioners v. Moxley,
526 So.2d 1023 (Fla. 5th DCA 1988). 15 See , s.
145.011 (2), Fla. Stat. 16 Section
145.022 (1), Fla. Stat. 17 Id . 18 Id . 19 Section
145.051 (2)(a), Fla. Stat. 20 Section
145.121 (1), Fla. Stat. 21 See, e.g ., s.
28.24 , Fla....
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4571
Clerk to be entitled to a fee, pursuant to Section
28.24, Florida Statutes, 1963, F.S. A., on those sums
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2516, 1985 Fla. App. LEXIS 16725
...of appeal was filed; appellant therefore is not the “designating party” for purposes of assessing the costs of transcription. See Fla.R.App.P. 9.200(b)(1). The clerk shall impose charge of $2 per volume for the transcripts of the final hearing. Section 28.24, Florida Statutes (1983), as amended by Chapter 85-249, Laws of Florida (1985), and Fla.R.App.P....
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
24(29) was brought into the Florida Statutes. Section
28.24(29), as amended, provides: Upon receipt
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
Vital Statistics of the Division of Health. Section
28.24, F. S., generally prescribes the service charges
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
to impose a service charge of $4 pursuant to section
28.24(11), Florida Statutes, when issuing a certificate
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
...Flowers County Comptroller Escambia County Post Office Box 1111 Pensacola, Florida 32595 Dear Mr. Flowers: You have asked for my opinion on substantially the following question: Is the County Comptroller required to charge the Clerk of the Circuit Court for recording documents for that office? In sum: Pursuant to s. 28.24 , F.S. (1992 Supp.), the County Comptroller of Escambia County is prohibited from charging the Clerk of the Circuit Court for the services described in s. 28.24 (15), F.S....
...y a United States court having jurisdiction in this state and assignments, releases, and satisfactions of the judgments." 6 Service charges which the clerks of court are entitled to charge as compensation for services of that office are set forth in s. 28.24 , F.S....
...nty pursuant to s.
145.022 (1), the clerk shall not charge the county for such services. (e.s.) The language underscored above was added in 1979 7 and operates as a restraint or limitation upon the language of the statute. 8 The proviso contained in s.
28.24 , F.S....
...of or an agency of county government. 10 Therefore, in counties where the clerk, or, as in this case the comptroller, is a budget officer rather than a fee officer, he or she may not assess charges against the county for those services described in s. 28.24 , F.S....
...on the clerk of circuit court is a county officer and the office of clerk of the circuit court is an agency or part of county government. Thus, it is my opinion that the County Comptroller in Escambia County is prohibited by the proviso contained in s. 28.24 , F.S....
...ry from the county as provided in s.
145.022 (1), F.S., must charge and collect from the industrial development authority the prescribed service charges for services rendered by his office in recording documents filed by the authority); AGO 83-7. 11 Section
28.24 , F.S....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 739, 1988 Fla. App. LEXIS 1088, 1988 WL 22258
SCHEB, Acting Chief Judge. The trial court denied the Greco family’s motion seeking return of certain funds retained by the clerk of the court pursuant to sections
28.24(13) and
28.33, Florida Stat *507 utes (1985)....
...In 1979 the Greco family obtained a judgment for $10,290,546 in a dissenting shareholders action against the Tampa Wholesale Company. When the parties could not reach an agreement on disposition of the funds, Tampa Wholesale deposited this amount and some interest accumulations thereon into the registry of the court. Section 28.24 states in pertinent part: The clerk of the circuit court shall make the following charges for services rendered by his office in recording documents and instruments and in performing the duties enumerated.......
...The court heard testimony from a representative of the clerk’s office who detailed the procedures involved in handling the funds deposited in the registry of the court. After argument of counsel, the trial court denied the Greco family’s motion, and this appeal ensued. The Greco family members contend that sections
28.24(13) and
28.33 are unconstitutional....
...unconstitutional beyond any reasonable doubt. State v. Kinner,
398 So.2d 1360 (Fla.1981). People’s Bank v. State, Dept. of Banking & Finance,
395 So.2d 521 (Fla. 1981). We do not find that the Greco family demonstrated the invalidity of either section
28.24(13) or section
28.33. The Greco family members concede that normally the assessments required by sections
28.24(13) and
28.33 are unobjectionable....
...ercentages applicable to larger amounts deposited in the registry. We believe, however, that such an argument must be addressed to the legislature as it is within its domain to establish reasonable service charges for our court system. We think that section 28.24(13) substantially advances a legitimate state interest and that the amount assessed under this statutory enactment in the present case was reasonably related to the costs of the court....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
service charges imposed "shall be as provided in section
28.24, Florida Statutes." At that time, Ch. 28, F
CopyPublished | District Court, M.D. Florida | 2012 WL 3733869, 2012 U.S. Dist. LEXIS 123320
...e public recording system required by Section
28.222, Florida Statutes, or approved the MERS private recording system, nor has any legislation ever passed to authorize MERS to usurp this public function.” Id. at 7. Plaintiff further maintains that §
28.24, Florida Statutes, authorizes the clerks to collect an additional service charge for the recording of mortgage assignments....
...gainst those creditors. Section
701.02(1), Florida Statutes provides that a mortgage assignment is not effective in providing constructive notice to creditors and subsequent purchasers unless it is recorded. Plaintiff also mentions that, pursuant to §
28.24, Florida Statutes, he is authorized to collect an additional service charge for the recording of mortgage assignments....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Committee notes revised. Citation form changes in committee notes. 1996 Revision: Mandate in subdivision (a)(2) prohibiting charge of service fee by clerk deleted. Statutory references added. 2008 Revision: Committee notes revised. Statutory References § 28.24(24), Fla. Stat. Service charges by clerk of the circuit court. § 28.2401, Fla....
CopyPublished | Supreme Court of Florida | 1981 Fla. LEXIS 2825
judgment free of the $4.00 charge imposed by section
28.24(16), Florida Statutes (1979). SUNDBERG, C. J
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
assess and collect service charges or fees. Section
28.24, Florida Statutes, states that "[t]he clerk
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18142
...1 DCA 1977), this Court held that the charges of an administrative agency for preparing the record could not exceed the cost which a clerk of a circuit court may charge for preparation of a record on appeal in accordance with the Florida Appellate Rules. The charges allowed to circuit court clerks are set forth in § 28.24, Florida Statutes....
...It is, therefore ORDERED that the Clerk of the School Board and the School Board of Leon County prepare the record on this appeal in accordance with Fla.R.App.P. 9.110 at a cost no greater than the cost required to be paid to the clerk of a circuit court for preparation of a record as set forth in § 28.24, Florida Statutes, as construed by this opinion....
...ipt of the proceedings before the agency or the hearing officer for which the agency has paid or obligated itself to pay. We do not authorize a charge of $1 per page for preparing, numbering, and indexing an original record of appellate proceedings. Section 28.24(4), Florida Statutes, only authorizes $1 per instrument for such service....
...initially by the designating party but has been borne initially by the agency. In such circumstance, the agency should be allowed $1 per page for making (through its employment of the court reporter) the transcription of the proceedings pursuant to § 28.24(5), Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
119.0112 and includes each official record. Section
28.24(8)(a), Florida Statutes, establishes a fee of
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...Do the deputy clerks operating in county court go on the county payroll, or does the clerk certify a payroll to the county each month for reimbursement? 4. Should the fee be collected at the time the money is accepted or at the time of disbursement, when the clerk receives moneys into the registry of court pursuant to s. 28.24 (14), F....
...The board of county commissioners may specify the amount, manner, and time of payment for the operational expenses of the county clerk's office, as there are no statutory directions. Except where otherwise provided by law, the service charge due the clerk pursuant to s. 28.24 (14), F....
..., could be utilized by the board of county commissioners, in its discretion, for the county clerk's office. It must be kept in mind that in budgeting the board is also controlled by the provisions of Ch. 129, F. S. Cf. AGO 061-151. AS TO QUESTION 4: Section 28.24 (14) provides: For receiving money into the registry of court: (a) First $500, percent ....
...The statute clearly provides that the duty for which the clerk earns his fee is receiving money into the registry of court. And as that is the service for which he is being compensated, the service charge is payable at that time. However, the clerk's fees as provided for by the Legislature in s. 28.24 (14), F. S., are applicable only where there is no contrary provision in another statute. City of Sarasota v. Burch, supra. For example, in AGO 075-298, I concluded that s. 28.24 must be construed together with s....
...(1974 Supp.), which was amended subsequent to the enactment of s.
28.231 , specifically prescribes the filing fees for civil actions in the county court and provides further that: "Except as provided herein, service charges for performing duties of the clerk relating to the county court shall be as provided in ss.
28.24 and
28.241 ." Section
34.041 (3), F. S. (1974 Supp.), specifically provides that s.
28.241 (2) shall not apply to criminal proceedings in county court. However, the county court clerk is entitled to the service charges prescribed by ss.
28.24 and
28.241 (3), F....
...Attorney General Opinion 074-320. Section
34.041 (4), F. S. (1974 Supp.), states that service charges as provided in Ch. 28, F. S., shall also apply to institution of appellate proceedings from the county court to the circuit court. Thus, the fees set forth in ss.
28.24 and
28.241 , F....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
QUESTION: Which statute, s.
695.02 (4) or s.
28.24 , F.S., provides the fee to be charged by a circuit court clerk for recording, indexing, and filing a blank or master form instrument? SUMMARY: Section
695.02 (4), F.S., was superseded and repealed by s.
28.24 , F.S., as amended by Ch. 70-134, Laws of Florida. Hence, the fee to be charged by the clerk of the circuit court for filing, indexing, and recording a blank or master form instrument is that provided by s.
28.24 (16): (four dollars for the first page or fraction thereof and two dollars for each additional page or part thereof). In my opinion, the answer to your question is s.
28.24 , F.S. Section
695.02 (4), F.S., provides in pertinent part that "[t]he fee for filing, recording and indexing such blank or master form [instruments] shall be five dollars . . . ." Section
28.24 , F.S., provides in pertinent part: "The clerk of the circuit court shall make the following charges for services rendered by his office in recording documents, instruments, and in performing the duties enumerated: * * * * * (16) For re...
...: (a) First page or fraction thereof . . . $4.00(b) Each additional page or fraction thereof . . . $2.00." Section
695.02 , supra , was enacted by the legislature in 1935 by ss. 1-4, Ch. 17109, 1935, Laws of Florida. At that time, the predecessor to s.
28.24 , supra , was already in existence; CGL 1927, s. 4867. This latter statute provided, much as s.
28.24 presently does, for the general schedule of fees to be charged by clerks of circuit courts for their services. Section
695.02 , supra , was enacted as an exception to the general fees set out in the 1927 law. The 1927 predecessor of s.
28.24 , supra , was amended in 1955; s....
...This amendment again provided a general fee schedule and further specifically repealed two statutes which had previously created exceptions to the general schedule. Section
695.02 , supra , was not one of the statutes so repealed. The predecessor of s.
28.24 , supra , was again amended in 1963....
...Section 1, Ch. 63-45, Laws of Florida. This amendment revised the general fee schedule once more, but it had no provision repealing any of the more narrowly drawn fee-setting statutes, such as s.
695.02 , supra . The next and final amendment, which put s.
28.24 , supra , in its present form, was enacted in 1970....
...This act again revised the general fee schedule for clerks of circuit courts. It also amended numerous statutes which had theretofore provided exceptions to the general fee schedule so that, thereafter, the fees for the services rendered under those statutes would be set by s. 28.24 . Further, s. 40 of the 1970 act provided: "The fees herein shall supersede and repeal all laws in conflict herewith except as provided in Section 28.241 , Florida Statutes." Since s....
...de all other laws on the same subject" was a clear indication of legislative intent to enact the only law governing that subject. The statement in s. 40 that "fees herein shall supersede and repeal all laws in conflict herewith except as provided in section 28.241 ....
...." is an equally clear expression of the legislative intent to provide the only law on the subject of that legislation, to wit: fees charged by a circuit court clerk for recording, indexing, and filing any instrument. The only statute excepted from the operation of the repealer provision of s. 40 is s. 28.241 , F.S....
...g with present day costs and required services . . . . "(Emphasis supplied.) Clearly, this is an expression of legislative intent to revise the whole subject of clerk's fees, to provide the only law on that subject, and to supersede all laws, except s. 28.241 , F.S., in conflict therewith. It follows that s. 28.24 , F.S., as amended by Ch....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
opinion on the following question: Pursuant to section
28.24(12)(e)1., Florida Statutes, may the board of
CopyPublished | Florida 2nd District Court of Appeal
...See Morran v.
State,
662 So. 2d 1339, 1340 (Fla. 2d DCA 1995) (noting that the trial
court may reimpose a fine on remand if the erroneous citation for the
fine was a scrivener's error).
In Grounds 1-3, Glaubius challenges various service charges
imposed under section
28.24(8), Florida Statutes (2021). On remand,
the trial court shall revisit these charges under the version of section
28.24 that became effective on July 1, 2021, as the offense occurred on
November 27, 2021.3
As argued in Ground 4, the $10 court cost imposed pursuant to
section
28.24(12)(a), (b) or (d) must be stricken, as subsection (12) is not
relevant in a criminal case.
In Ground 5, Glaubius correctly argues that the citation to section
318.18(13)(a)2, Florida Statutes (2021), must be amended to be
subsect...
...In Ground 6, Glaubius argues that the trial court erred in imposing
a $100 surcharge under section
938.04, Florida Statutes (2021), for the
3 It appears from the record that these fines were mistakenly
imposed under the prior version of section
28.24 in effect from May 24,
2019, to June 30, 2021.
4
Crimes Compensation Trust Fund....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
...he applicant cancelled in connection with the tax deed application, and the amount of the tax certificate on which the application for tax deed is based, plus the collector's fees and costs as specified, and the clerk's cost and fees as set forth in Section 28.24 , Florida Statutes, shall be the statutory (opening) bid required by the clerk of the court at said sale....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 627, 2015 WL 249274
...The Tribe duly posted bond by depositing the full amount required by rule 9.310 with the clerk of the circuit court. As required by law, the clerk charged the Tribe $71,961.59 as a court registry fee for receiving money in the registry of the court. § 28.24, Fla....
...furnished by such party.” §
57.071(l)(a), Fla. Stat. (2014). It has also provided by law that, if the bond is posted by depositing cash with the clerk of the circuit court, the clerk must charge a court registry fee based on a statutory formula. §
28.24....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
unaccompanied by a recorded instrument of satisfaction. Section
28.24, id., establishes a schedule of fees to be charged
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
for clerical and supervisory assistance. 2 Section
28.24, F.S., sets forth a series of changes which
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
Fred W. Baggett Counsel Florida Association of Court Clerks Tallahassee QUESTION: If a clerk of the traffic court does not collect the service charge of $4 `for writing any paper other than herein specifically mentioned' as provided in s. 28.24 (12), F....
...The form, once completed, is to be signed by the judge or clerk and sealed with the court's or the clerk's seal. You state that the Traffic Court Review Committee of the Supreme Court of Florida has concluded that the assessment of a service charge of $4 as provided in s. 28.24 (12), F....
...the state or any agency thereof. Moreover, it is evident from the statutes that s.
318.15 , F. S., does not envision the performance or function by the court or its clerk under the provisions of Ch. 28, F. S. Parenthetically, it might be noted that s.
28.24 (6), (7), (9), (10), and (11) all have to do with certifying copies of any instruments or verifying or making copies and copying instruments in the public records of the county. Section
28.24 (12), as amended by s....
...ear to be beyond the lawful statutory authority of the clerk. It is, of course, clear that a traffic court judge, upon whom the primary duty rests to make or cause to be made the court reports in question, is not within the purview of or governed by s. 28.24 ....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 346, 1989 Fla. App. LEXIS 447, 1989 WL 6312
...If the transaction involves the transfer of multiple liens, an additional charge of $5 for each additional lien shall be charged. For recording the certificate and approving the bond, the clerk shall receive his usual statutory service charges as prescribed in section 28.24....
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
...Augustine, Florida 32084-0408 Dear Mr. Conn: This is in response to your request for an opinion on substantially the following questions: (1) IS THE CLERK OF THE CIRCUIT COURT AUTHORIZED TO COLLECT A SERVICE CHARGE FOR RECEIVING MONEY INTO THE REGISTRY OF THE COURT PURSUANT TO s
28.24 (13) ON FUNDS DEPOSITED IN THE REGISTRY OF THE COURT UNDER s
74.051 , F.S., AS AMENDED BY CH....
...RK OF THE CIRCUIT COURT AUTHORIZED PURSUANT TO s
28.33 TO INVEST FUNDS DEPOSITED WITH THE CLERK UNDER THE MECHANIC'S LIEN LAW FOR THE PURPOSE OF TRANSFERRING A LIEN FROM REAL PROPERTY TO THE FUND AND TO COLLECT A MANAGEMENT FEE THEREON? QUESTION ONE Section
28.24 , F.S....
...he registry of court." The language of the statute is mandatory: "The clerk of the circuit court shall make the following charges for services rendered by his office . . . ." See, Taylor v. Tampa Electric Co,
356 So.2d 260 (Fla. 1978) (language of s
28.24 is mandatory and any exception to statute should be clear). However, in those counties where the clerk's office operates as a fiscal unit of the county pursuant to s
145.022 (1), F.S., section
28.24 provides that the clerk shall not charge the county for rendering the services or performing the duties enumerated therein. Prior to the adoption of Ch. 82-117, Laws of Florida, s
74.051 (3) provided a limited exception to the fees imposed by s
28.24 by stating that "[n]o sum refunded to the petitioner from the registry of the court pursuant to [Ch....
...ng" moneys deposited in the registry of the court which were disbursed to the landowner; however, the clerk was statutorily prohibited by s
74.051 (3) from exacting a commission on those moneys refunded to the "taker." Stating that the language of s
28.24 is mandatory and that any exception thereto should be clear, the court concluded that s
74.051 (3) provided such an exception with regard to those sums deposited in the registry of the court by and refunded to eminent domain petitioners in "qui...
...nd paid by the "taker," either out of the remainder of the deposit or by another separate means. Cf., AGO 75-298. Thus under the court's decision, the clerk of the circuit court is under a mandatory duty to collect the service charges set forth in s 28.24 from all persons or entities not clearly excepted by statute, and all such persons or entities not so excepted are liable for such charges....
...n of fees on sums deposited by and returned to eminent domain petitioners. Under the rationale of the court in Taylor v. Tampa Electric Co., supra, and in the absence of any other provision excepting these funds from the service charges imposed by s 28.24 , the clerk of the circuit court is under a duty to collect the service charges prescribed in s 28.24 for receiving money into the registry of the court....
...I am not aware of any other provision which prohibits the clerk from collecting such a charge. Accordingly, I am of the opinion that the clerk of the circuit court is required to collect a service charge for receiving money into the registry of the court pursuant to s
28.24 (13) on all funds deposited or received into the registry under s
74.051 , F.S., as amended....
...d shall be subject to the provisions of law relative to payments of money into court and the disposition of same." Thus, money deposited with the clerk pursuant to s
713.24 (1) is, in my opinion, paid into the registry of the court and pursuant to s
28.24 (13), F.S....
...To the extent such moneys may become refundable to the state, they may fall within the purview of s
219.075 , F.S.; however, any investment earnings on such moneys pending refund to the state are required to be credited and paid to the state; and 3) Pursuant to s
28.24 , F.S....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
the registry of court." Section
74.071, F.S. Section
28.24(14), F.S., provides the fee that the clerk of
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6442
190.42 and the Clerk’s fee prescribed by Florida Statute
28.24, F.S.A. in the amount of $104.30, making
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
...sory lien under s.
559.917 , F.S., and if so, how should the clerk compute the charge? 2. Must the certificate be recorded in the public records, and if so, who pays the recording fees? 3. May the clerk of the court charge a registry fee pursuant to s.
28.24 (14), F.S., when a cash or surety bond is posted in accordance with s....
...559.917 (1)(a), F.S. (1980 Supp.), is not entitled to recordation in the public records since the statute neither authorizes nor requires the recording of such certificate in the public records. 3. The clerk of the court may charge the fees provided for in s.
28.24 (14) when `money' is deposited in or received into the registry of the court pursuant to s.
559.917 (1)(a), F.S. (1980 Supp.), but may not charge the fees provided for in s.
28.24 (14) when a surety bond (as distinguished from cash as a substitute for surety on the bond) is filed with the clerk pursuant to s....
...gment which may be entered on the lien, the clerk shall automatically issue a certificate notifying the lienor of the posting of the bond and directing the lienor to release the customer's motor vehicle. You inquire whether the general provisions of s. 28.24 , F.S., regarding service charges by the clerk of the circuit court, or the provisions of s....
...I of ch. 713, are applicable to the services rendered by the clerk under s.
559.917 (1)(a), F.S. (1980 Supp.). Section
713.24 does not govern the clerks' services under s.
559.917 (1)(a), and while I cannot state unequivocally that the provisions of s.
28.24 providing for a service charge for `writing any paper . . . including signing and sealing' are not applicable, I have the view that the Legislature did not intend, nor did it clearly manifest any intent that the service charges in s.
28.24 (12) are to apply to the services of the clerk in issuing the certificate provided for in s.
559.917 (1)(a). The Legislature provided for clerk's fees in s.
28.24 only where there is no contrary provision in another statute....
...e to be automatic upon the posting of the bond by the customer and does not condition the rendition of this service upon the payment of any fee or service charges, I interpret s.
559.917 (1)(a), F.S. (1980 Supp.), to be contrary to the provisions of s.
28.24 (12) and thereby prevails resulting in the clerk's gratuitous, automatic issuance of the certificate....
...It is not a case of a person voluntarily soliciting the clerk to perform or render some service for him, such as copying or writing some instrument or paper. In addition, my research has disclosed that generally the Legislature clearly expresses its intent in a statute that the provisions of s.
28.24 , F.S., shall apply as a charge for particular services required of or rendered by the clerk or specifically provides for a different charge in lieu of those prescribed in s.
28.24 . By way of example, see s.
55.141 , F.S., which specifically conditions the clerk's services `upon payment of the recording charge prescribed in s.
28.24 (16) plus the necessary costs of mailing to the clerk or judge.' See also s....
...712.06 (3), F.S., the clerk is directed to perform certain services with his fee for the services specifically provided for by the following language: `For preparing the certificate, the claimant shall pay to the clerk the service charge as prescribed in s.
28.24 (9) and the necessary costs of mailing, in addition to the recording charges as prescribed in s.
28.24 (16).' Section
713.24 , F.S., a statute similar to the one at issue here but involving liens on real property, provides that `[t]he clerk shall be entitled to a fee for making and serving the certificate, in the sum of $10. . . . For recording the certificate and approving the bond, the clerk shall receive his usual statutory service charges as prescribed in s.
28.24 .' Finally, by way of further example, even within the Florida Motor Vehicle Repair Act, as enacted by ch....
...The statute provides for the posting of the bond `in the registry of the court.' I note, once again, that s.
559.917 (1)(a) does not provide that the clerk shall be entitled to a fee when a customer files a cash or surety bond. Thus, unless the service charges outlined in s.
28.24 , F.S., are applicable in this particular instance, the clerk would not be entitled to a fee. Section
28.24 (14), F.S., provides that the clerk shall make the following charges for performing the following duties: For receiving money into the registry of court: It is a basic rule of statutory construction that words in statutes should be given their plain and ordinary meaning....
...559.917 (1)(a) — `cash or surety bond' — would most certainly include `money.' It would therefore seem to follow that if a customer files a `cash bond' with the clerk in the amount as provided in s.
559.917 (1)(a), F.S., then the provisions of s.
28.24 (14) would, in my opinion, probably be applicable. However, the plain and ordinary meaning of the term `money' as used in s.
28.24 (14) does not in my opinion, include a surety bond....
...1 et seq ., Black's Law Dictionary, Surety and Suretyship, Contract Of 1611. Since fee or service charge statutes are to be strictly construed and not allowed except where clearly provided by law, Bradford v. Stoutamire, supra; Pridgeon v. Folsom, supra; I am compelled to conclude that the provisions of s.
28.24 (14) are not applicable when the customer files a surety bond (as distinguished from cash as a substitute for surety on the bond) with the clerk as no `money' is being deposited or received into the registry of the court; only a promise on the part of the surety to be held accountable for the debt or obligation of the customer; if such obligation or debt arises, is being filed with the clerk. In sum, it is my opinion that the clerk may charge the fees provided for in s.
28.24 (4) when `money' is deposited in or received into the registry of the court pursuant to s.
559.917 (1)(a), F.S. (1980 Supp.), but may not charge the fees provided for in s.
28.24 (14) when a surety bond is filed with the clerk pursuant to s....
...(1980 Supp.), does not direct the clerk of the court to approve the cash or surety bond posted by the customer. Cf . s.
713.24 , F.S., wherein the Legislature provided that `[f]or recording the certificate and approving the bond , the clerk shall receive his usual statutory service charges as prescribed in s.
28.24 .' (Emphasis supplied.) Since the Florida Motor Vehicle Repair Act imposes no duty upon the clerk regarding approval of the bond, it is my opinion that the clerk need not and is not authorized or required to approve a cash or surety bond posted by the customer in accordance with s.
559.917 (1)(a). It thus follows that the service charge imposed by s.
28.24 (24), F.S., `[f]or approving bond' is inapplicable....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372
...here the trial took place or in the judicial circuit wherein the appellate court is located. See §
27.51(4), Fla. Stat. (1975). Counsel for a non-indigent defendant may obtain a copy of the record at the cost prescribed by law. At the present time, section
28.24(13), Florida Statutes (1975), as *908 amended by chapter 77-284, § 1, Laws of Florida, prescribes a cost of $1 per page....
CopyPublished | Supreme Court of Florida | 1982 Fla. LEXIS 2551
entitled to collect a registry fee provided for in section
28.24(14), Florida Statutes (1979),2 on proceeds paid
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 3326299, 2012 Fla. App. LEXIS 13471
...Though the written sentence does not indicate the statutory authority for the fee, it does clearly indicate the purpose of the fee. An indication of the purpose of the fee is sufficient even without citation to authority, as the fee is mandated by statute. § 28.24, Fla....
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
...y purposes. The companies' contend that since it will be their own employees who would be retrieving and making copies of the public records on a company photocopier they would not be required to pay the $1.00 per page service charge prescribed in s 28.24 , F.S., and there would be no further obligation owed the county other than the lease payments for the space in the clerk's office....
...i.e., private attorneys, real estate appraisers, lending institutions or credit bureaus. However, in still further consideration of your first question and your letter in which you seem to imply that the $1.00 per page service charge set forth in s 28.24 , F.S., is required of abstract and title companies in order to make photographs or photocopies of the public records, your attention is directed to additional law controlling the subject matter of your inquiry....
...(e.s.) See also the second clause of s 28.19(2), F.S., which states that the clerk shall not be required to perform any service in connection with the inspection or making of extracts from the public records without payment of service charges as provided in s 28.24 , F.S. Section 28.24 (9), F.S., prescribes the services charges the clerk of the circuit court shall make for `services rendered by his office' in making copies by photographic process of any instrument in the public records; and s 28.24 (10), prescribes the charges to be made for making microfilm copies of any public records. However, the above statutory provisions and in particular the service charges prescribed in s 28.24 (9), are only applicable when the clerk performs the service ....
...s of the clerks of the circuit courts. When the clerk performs the service of making copies by photographic process or microfilms copies of any instrument in the public records, the clerk must charge the appropriate service charges provided for in s 28.24 , F.S.; however, when a member of the public uses his own photographic equipment to make his own copy, the clerk is not entitled to the fees prescribed in s 28.24 , but is only entitled to the supervisory service charge provided for in s 119.08(3), F.S....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 231, 2005 Fla. LEXIS 614, 2005 WL 774382
...here the trial took place or in the judicial circuit wherein the appellate court is located. See §
27.51(4), Fla. Stat. (1975). Counsel for a non-indigent defendant may obtain a copy of the record at the cost prescribed by law. At the present time, section
28.24(13), Florida Statutes (1975), as amended by chapter 77-284, § 1, Laws of Florida, prescribes a cost of $1 per page....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
record" and "original" papers and documents. Section
28.24(12), F. S., prescribes a service charge of $1
