Florida/Georgia Personal Injury & Workers Compensation

...." Chapter 145, Florida Statutes (1975), provides for the annual compensation and method of payment for the several county officers named therein; i.e.: clerk of the circuit court and county comptroller (145.051); sheriff (145.071); property appraiser (145.10); tax collector (145.11). Section 145.022, Florida Statutes (1975), provides the method by which the guaranteed salary may be established....

...he circuit court clerk (and county comptroller if the duties of the office have been divided) agree to turn over all fees collected by their office to the county commissioners they become county budget officers by resolution of the board pursuant to Section 145.022(1), Florida Statutes (1975)....

...r for inclusion in the annual financial report of the county. Section 218.35(3), (4), Florida Statutes (1975). We now consider Chapter 71-443, Laws of Florida, Special Acts. Section 1 was not ruled unconstitutional by the trial court as it ties into Section 145.022, Florida Statutes, authorizing the board to appropriate an annual salary to the clerk with the concurrence of the county official involved, "if all fees collected by such official are turned over to the board of county commissioners."...

...Shaffran v. Holness, 93 So.2d 94 (Fla.1957); Johnson v. Studstill, 71 So.2d 251 (Fla.1954). The order is accordingly affirmed as to the denial of summary judgment. In its challenge to the trial judge’s finding the appellant directs our attention to § 145.022(1), Florida Statutes (1979), which provides: (1) Any board of county commissioners, with the concurrence of the county official involved, shall by resolution guarantee and appropriate a salary to the county official, in an amount not to ex...

...(3) It is further the intent of this Legislature to provide by general law for such uniform compensation of county officials having substantially equal duties and responsibilities, taking into account the multitude of changes that have affected these offices within the past decade. Section 145.022(1), Florida Statutes, must be read in light of the articulated legislative intent and when so read it expresses the desire of the Legislature to protect, and make uniform, the salaries of certain county officials having substantially equal duties and responsibilities....

...Powers : "We feel that the proper interpretation of the various statutes is that where the circuit court clerk . . . agree[s] to turn over all fees collected by their office to the county commissioners they become county budget officers by resolution of the board pursuant to Section 145.022 (1), Florida Statutes (1975)....

...The statute provides: "The clerk of the circuit court shall make the following charges for services rendered by the clerk's office in recording documents and instruments and in performing the duties enumerated. However, in those counties where the clerk's office operates as a fiscal unit of the county pursuant to s. 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....

...s income of the office and shall not be retained by the county official as personal income." 20 As discussed under the various applicable statutes above, certain fees are not due from the county when the clerk and the county have agreed, pursuant to section 145.022 (1), Florida Statutes, that the clerk shall operate as a fiscal unit of the county, i.e ., a budget officer....

...14 See, Hoffman v. Haddock, 695 So.2d 682 (Fla. 1997), and In re D.B. and D.S ., 385 So.2d 83 (Fla. 1980). 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....

responsibilities. See s. 145.011(3) and (4), F. S. 1977. Section 145.022, F. S., the provisions of which were in existence

...in a county in which the office of tax collector has been abolished and the duties of that office have been transferred to another office pursuant to section 1 (d), Article VIII ,, Florida Constitution; 2. in a county in which a resolution is in effect pursuant to section 145.022 , Florida Statutes; 2 or 3....

...es. However, in light of the above, it may be advisable to seek legislative clarification regarding the tax collector's authority in this area. Sincerely, Robert A. Butterworth Attorney General RAB/all 1 See, Op. Att'y Gen. Op. 76-173 (1976). 2 See, s. 145.022 (1), Fla....

...Powers: 8 We feel that the proper interpretation of the various statutes is that where the circuit court clerk . . . agree to turn over all fees collected by their office to the county commissioners they become county budget officers by resolution of the board pursuant to Section 145.022 (1), Florida Statutes (1975)....

...nto the county general fund all money in excess of the sum to which he is entitled under Ch. 145 , F.S., setting the annual compensation of county officers. 6 Section 125.01 (1)(v), F.S. 7 See , s. 129.03 , F.S. 8 351 So.2d 32 , 41-42 (Fla. 1977). 9 Section 145.022 (1), F.S., provides that a board of county commissioners, with the concurrence of the county official involved, shall by resolution guarantee and appropriate a salary to the officer in an amount specified in Ch....