(1) A check received by the office of a clerk of a court or comptroller which is tendered to him or her in payment for any services, collection of fines and forfeitures, sale of documentary stamps, recording of documents and instruments, collection of legal fees, or any other duties relating to his or her office and which is returned by the bank upon which the check is drawn shall be the personal liability of the clerk or comptroller unless the clerk or comptroller, after due diligence to collect the returned check, forwards the returned check to the state attorney of the circuit where the check was drawn for prosecution.
(2) Notwithstanding the provisions of subsection (1), the office of a clerk of a court or comptroller may accept personal checks drawn on any bank or similar financial institution in the United States for the payment of traffic fines and related court costs, and the clerk or comptroller shall not incur any personal liability for the acceptance of such checks. Any such check received by the office of a clerk of a court or comptroller which is returned by the bank upon which the check is drawn may be forwarded to the state attorney of the circuit where the check was presented for prosecution. The clerk or comptroller shall not be subject to the provisions of s. 832.07(2).
History.—s. 1, ch. 75-176; s. 1, ch. 83-277; s. 164, ch. 95-147.
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.