Florida Statutes

Fla. Stat. § 28.06 (2025)

Power of clerk to appoint deputies.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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28.06 Power of clerk to appoint deputies.—The clerk of the circuit court may appoint a deputy or deputies, for whose acts the clerk shall be liable, and the said deputies shall have and exercise each and every power of whatsoever nature and kind as the clerk may exercise, excepting the power to appoint a deputy or deputies.

History.—s. 1, Feb. 12, 1834; s. 1, ch. 254, 1849; RS 1384; GS 1825; RGS 3070; CGL 4851; s. 1, ch. 21956, 1943; s. 156, ch. 95-147.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1964–2021 · leading case: Alachua Cnty. v. Powers, 351 So. 2d 32 (Fla. 1977).

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Alachua Cnty. v. Powers, 351 So. 2d 32 (Fla. 1977). · cites it 2× “Employees of constitutional officers cannot be included in a uniform pay plan adopted by a board of county commissioners in the absence of specific statutory authorization. The present statute merely authorizes a county administrator to "recommend" to the board a uniform pay…”

Morse v. Moxley, 691 So. 2d 504 (Fla. 5th DCA 1997). · cites it 2× “On the other hand, Morse posits that the clerk is vested with constitutional authority by Article V, section 16 of the Florida Constitution and possesses statutory authority, pursuant to section 28.06, Florida Statutes, to appoint deputy clerks.”

Foxworth v. Wainwright, 167 So. 2d 868 (Fla. 1964). · cites it 2× “Section 28.06, Florida Statutes, F.S.A. The minority of the petitioner at the time of his conviction was no bar thereto.”

Serv. Employees Intern. Union 16 v. Perc, 752 So. 2d 569 (Fla. 2000). · cites it 2× “[6] See § 28.06, Fla.Stat. (1997). [7] See § 193.”

Pasek v. Kinzel (M.D. Fla. 2021). · cites it 7× “Kinzel was appointing them as “deputy clerks” under her powers in Florida Statute § 28.06. (Doc. 20-1.) In turn, section 28.”

Kleinman v. Etheridge, 49 Fla. Supp. 163 (Fla. Cir. Ct., Miami-Dade Cty. 1979). · cites it 2× “Fla. Stat. §28.06 . The clerk of the circuit court is also the clerk of the county court, Fla.”

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