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Florida Statute 28.06 - Full Text and Legal Analysis Florida Statute 28.06 | Lawyer Caselaw & Research
Fla. Stat. § 28.06 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 28.06

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·Auburn Mach. Works, Co., Inc. v. Jones, 366 So. 2d 1167 (Fla. 1979).

Cited 61 times | Published | Supreme Court of Florida

See also, 2 Harper and James, The Law of Torts, § 28.6 (1956 ed). The point is that to preclude absurd
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Cited as authority(citing case) (2015)
phrase: "rule_authority"
Cited as authority(citing case) (2015)
phrase: "rule_authority"
Cited as authorityDavis (2007)
phrase: "rule_authority"
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·Alachua Cnty. v. Powers, 351 So. 2d 32 (Fla. 1977).

Cited 47 times | Published | Supreme Court of Florida

...ign power. State v. Sheats, 78 Fla. 583, 83 So. 508, 509 (1919). The clerk is responsible for the efficient and effective operation of his office and has the authority to appoint deputies to assist *43 him in his constitutional and statutory duties. Section 28.06, Florida Statutes (1975)....
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Cited as authorityMaloy (2019)
phrase: "rule_authority"
Cited as authorityMaloy (2019)
phrase: "rule_authority"
Cited as authorityBrock (2009)
phrase: "rule_authority"
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·Allison v. Vintage Sports Plaques, 136 F.3d 1443 (11th Cir. 1998).

Cited 17 times | Published | Court of Appeals for the Eleventh Circuit | 46 U.S.P.Q. 2d (BNA) 1138, 1998 U.S. App. LEXIS 5026, 1998 WL 119796

McCarthy on Trademarks and Unfair Competition § 28:6 (1997); see Haelan Lab., Inc. v. Topps Chewing
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Cited as authority(citing case) (2022)
phrase: "rule_authority"
Cited as authority(citing case) (2017)
phrase: "rule_authority"
Cited as authorityBailey (2016)
phrase: "rule_authority"
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·Moore v. Wesley E. Garrison, Inc., 5 So. 2d 259 (Fla. 1941).

Cited 16 times | Published | Supreme Court of Florida | 148 Fla. 653, 1941 Fla. LEXIS 955

in the clerk's office placed the two lots in Section 28; (6) the plaintiff relied upon this *Page 660
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Cited as authority(citing case) (1983)
phrase: "rule_authority"
Cited as authority(citing case) (1975)
phrase: "rule_authority"
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·Foxworth v. Wainwright, 167 So. 2d 868 (Fla. 1964).

Cited 8 times | Published | Supreme Court of Florida

...He was assisted by experienced counsel at his arraignment, at his trial and in perfecting his appeal. The grand jury's true bill was properly signed by the foreman. The signing of the commitment papers by the deputy clerk in the name of the clerk offers no ground for relief. Section 28.06, Florida Statutes, F.S.A....
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Cited as authorityTedesco (2012)
phrase: "rule_authority"
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·Carter v. Carter, 511 So. 2d 404 (Fla. 4th DCA 1987).

Cited 5 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1882

his twenty-first birthday." 11 N.M. Stat. Ann. § 28-6-1 (1978). Children in high school regardless of
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Cited "but see"Earnhardt (1988)
phrase: "but see"
Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authorityPariser (1993)
phrase: "rule_authority"
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·Morse v. Moxley, 691 So. 2d 504 (Fla. 5th DCA 1997).

Cited 5 times | Published | Florida 5th District Court of Appeal | 1997 WL 97162

...udge of a circuit has the power to assign clerks and bailiffs. 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....
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Cited "but see"(citing case) (1999)
phrase: "but see"
Cited as authorityKnight (2017)
phrase: "rule_authority"
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Allison v. Vintage Sports Plaques, 136 F.3d 1443 (11th Cir. 1998).

Cited 8 times | Published | Court of Appeals for the Eleventh Circuit

McCarthy on Trademarks and Unfair Competition § 28:6 (1997); see Haelan Lab., Inc. v. Topps Chewing
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·Tracey v. State, 69 So. 3d 992 (Fla. 4th DCA 2011).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 14054, 2011 WL 3903075

Anne T. McKenna, Wiretapping and Eavesdropping § 28.6 (updated June 2011). The SCA "categorizes different
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Cited as authority(citing case) (2014)
phrase: "rule_authority"
Cited as authority(citing case) (2013)
phrase: "rule_authority"
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·Serv. Employees Intern. Union 16 v. Perc, 752 So. 2d 569 (Fla. 2000).

Cited 1 times | Published | Supreme Court of Florida | 2000 WL 31835

...4. Work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction.... § 447.203, Fla.Stat. (1997) (emphasis added). [5] See § 30.07, Fla.Stat. (1997). [6] See § 28.06, Fla.Stat....
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Cited as authorityFuller (2006)
phrase: "rule_authority"
Cited as authority(citing case) (2003)
phrase: "rule_authority"
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·James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019).

Cited 1 times | Published | Florida 1st District Court of Appeal

Ann. §§ 9:17A-2, 9:17B-3 (2018); N.M. Stat. Ann. § 28-6-1 (2018); N.Y. Gen. Oblig. Law § 3-101 (McKinney
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Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2019)
phrase: "rule_authority"
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·Sumler v. State, 958 So. 2d 1001 (Fla. 1st DCA 2007).

Published | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 8175, 2007 WL 1518034

Philip J. Padovano, Florida Appellate Practice § 28.6 (2002); see also Reniewicz v. State, 734 So.2d
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Cited as authority(citing case) (2025)
phrase: "rule_authority"
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Ago (Fla. Att'y Gen. 1989).

Published | Florida Attorney General Reports

contract under the regulations prescribed by law. Section 28.06, F.S., empowers the clerk of the court to
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Ago (Fla. Att'y Gen. 1995).

Published | Florida Attorney General Reports

compensation and liability insurance coverage. Section 28.06, Florida Statutes, provides: The clerk of the

This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.