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695.02 (4), F.S., was superseded and repealed by s....
...ording 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 ....
...* * * * * (16) For recording, indexing, and filing any instrument not more than fourteen inches by eight and one-half inches, including notice: (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....
...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. 2, Ch. 29749, 1955, Laws of Florida. This amendment again provided a general fee schedule and further specifically repealed two statutes which had previously created exceptions to the general schedule.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695.02 , supra , was not one of the statutes so repealed....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 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.
695.02 , supra , was not one of the statutes specifically amended by Ch. 70-134, your question essentially is whether or not s.
695.02 (4) was impliedly repealed and superseded by that chapter in light of its language in s....
...e 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. 70-134, supersedes and repeals the fee allowed by s.
695.02 (4), F.S., for filing, indexing, and recording master and blank form instruments.
