(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 filing a county or municipal ordinance violation or violation of a special law in circuit court. This fee shall be paid to the clerk of the court for performing court-related functions. A county or municipality is not required to pay more than one filing fee for a single filing against a single defendant that contains multiple alleged violations. A filing fee, other than that imposed under this section, may not be assessed for initiating an enforcement proceeding in circuit court for a violation of a county or municipal code or ordinance or a violation of a special law. The filing fee shall not apply to instances in which a county or municipality has contracted with the state, or has been delegated by the state, responsibility for enforcing state operations, policies, or requirements under s. 125.69, s. 166.0415, or chapter 162.
(b) No other filing fee may be assessed for filing the violation in circuit court. If a person contests the violation in court, the court shall assess $40 in costs against the nonprevailing party. The county or municipality shall be considered the prevailing party when there is a finding of violation to any count or lesser included offense of the charge. Costs recovered pursuant to this paragraph shall be deposited into the clerk’s fine and forfeiture fund established pursuant to s. 142.01.
(2) To offset costs incurred by the clerks of the court in performing court-related functions associated with the processing of violations of special laws and municipal ordinances, 10 percent of the total amount of fines paid to each municipality for special law or ordinance violations filed in circuit court shall be retained by the clerk of the court for deposit into the clerk’s fine and forfeiture fund established pursuant to s. 142.01, except for fines a portion of which the clerk of the court retains pursuant to any other provision of state law. A municipality does not include the unincorporated areas, if any, of a government created pursuant to s. 6(e), Art. VIII of the State Constitution.
History.—s. 30, ch. 2003-402; s. 18, ch. 2004-265; s. 7, ch. 2005-236.
Structure Florida Statutes
Chapter 28 - Clerks of the Circuit Courts
28.01 - Bond of Circuit Court Clerks; Small Counties.
28.02 - Bond of Circuit Court Clerks; Large Counties.
28.03 - Obligation of Sureties.
28.04 - Justification of Sureties.
28.06 - Power of Clerk to Appoint Deputies.
28.101 - Petitions and Records of Dissolution of Marriage; Additional Charges.
28.12 - Clerk of the Board of County Commissioners.
28.13 - Papers and Electronic Filings.
28.14 - Records, Judgments, Orders, and Decrees Prior to Circuit Courts.
28.15 - Records From Superior Courts.
28.16 - Certain Records From Prior County Courts.
28.211 - Clerk to Keep Docket.
28.212 - Minutes of Court Proceedings.
28.213 - Disposal of Physical Evidence Filed as Exhibits.
28.222 - Clerk to Be County Recorder.
28.22205 - Electronic Filing Process.
28.2221 - Electronic Access to Official Records.
28.2222 - Public Records Capital Improvement Plan.
28.223 - Probate Records; Recordation.
28.231 - Service Charges by Clerks of Courts.
28.235 - Advance Payments by Clerk of Circuit Court.
28.2401 - Service Charges and Filing Fees in Probate Matters.
28.2402 - Cost Recovery; Use of the Circuit Court for Ordinance or Special Law Violations.
28.2405 - Comprehensive Case Information System.
28.241 - Filing Fees for Trial and Appellate Proceedings.
28.242 - Service Charges Retained When Case Laid in Wrong Venue.
28.243 - Personal Liability for Accepting Checks.
28.245 - Transmittal of Funds to Department of Revenue; Uniform Remittance Form Required.
28.2457 - Mandatory Monetary Assessments.
28.29 - Recording of Orders and Judgments.
28.30 - Records; Destruction; Reproduction; Electronic Recordkeeping.
28.31 - Notice to County Commissioners of Intent to Destroy; Approval of Board.
28.32 - Destruction of Certain Instruments.
28.33 - Investment of County Funds by the Clerk of the Circuit Court.
28.34 - Salary Discrimination Based on Gender or Race; Review Within the County and Circuit Courts.
28.345 - State Access to Records; Exemption From Court-Related Fees and Charges.
28.35 - Florida Clerks of Court Operations Corporation.
28.37 - Fines, Fees, Service Charges, and Costs Remitted to the State.
28.42 - Manual of Filing Fees, Charges, Costs, and Fines; Payment Plan Form.
28.44 - Clerk Discontinuance of Court-Related Functions.
28.45 - Provision of Financial Data to Executive Office of the Governor.