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Florida Statute 28.13 | Lawyer Caselaw & Research

F.S. 28.13 Case Law from Google Scholar
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The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title V
JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

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F.S. 28.13

28.13 Papers and electronic filings.—The clerk of the circuit court must maintain all papers and electronic filings in the clerk’s office with the utmost care and security, storing them with related case files and affixing a stamp, which may be electronic, to each submission indicating the date and time that the submission was filed. The clerk may not permit any attorney or other person to remove filed documents from the control or custody of the clerk without leave of the court, except as otherwise provided by law.

History.—s. 59, Nov. 18, 1828; RS 1389; GS 1830; RGS 3075; CGL 4856; s. 1, ch. 89-297; s. 159, ch. 95-147; s. 1, ch. 2013-109.

F.S. 28.13 on Google Scholar

F.S. 28.13 on Casetext

Amendments to 28.13

Arrestable Offenses / Crimes under Fla. Stat. 28.13

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 28.13.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

In re Standard Jury Instructions in Criminal Cases—Report 2018-09
262 So. 3d 59 (Fla. 2019) Cited 1 times
28.13 REFUSAL TO SUBMIT TO TESTING
PAGE 244
Deutsche Bank Nat'l Tr. Co. v. Noll
261 So. 3d 656 (Fla. Dist. Ct. App. 2018) Cited 2 times
Motion for summary judgment
Motion to dismiss
While leave of court would be required to remove the original note from the custody of the Clerk, see § 28.13, the Clerk would have no authority to relinquish the note to anyone else but Deutsche Bank. By surrendering the original promissory note to the Clerk for the limited purpose of removing it from the stream of commerce to obtain a judgment of foreclosure, Deutsche Bank did not relinquish the statutorily required possession necessary to establish its status as a holder of the note with standing to sue for its enforcement. As such, the trial court erred in granting summary judgment in favor of Mr. Noll.
PAGE 659
Doe v. State
210 So. 3d 154 (Fla. Dist. Ct. App. 2016) Cited 2 times
Although I suspect in many of the rulings in which we see a writ of mandamus issued to enforce a rule of procedure, one would only need to scratch the surface of the cited rule to discern a more substantive, legal duty that was being compelled. For example, our holding in Office of the Attorney General v. Shore, 41 So.3d 966 (Fla. 2d DCA 2010), focused on whether the clerk of the circuit court had complied with applicable appellate and judicial administration rules by forwarding copies of criminal case records to a public defender in CD–ROM format, but the underlying source of the clerk's ministerial duty to compile and provide access to a record is founded in state statutes. See § 28.13, Fla. Stat. (2010) ; Radford v. Brock, 914 So.2d 1066, 1068 (Fla. 2d DCA 2005) ("The Clerk of the Circuit Court has a legal duty to maintain and to provide access to the records contained in its files unless the records are legally exempt from disclosure." (citing §§ 28.13 ; 119.01(1), (3); 119.011(1), (2), Fla. Stat. (2003) )). Even in Gawker Media, LLC v. Bollea, 170 So.3d 125 (Fla. 2d DCA 2015), we appeared to premise our issuance of mandamus as much on the force of…
In re Standard Jury Instructions in Criminal Cases—report No. 2012-08
131 So. 3d 692 (Fla. 2013) Cited 1 times
1 more...
Instruction 28.13 (Refusal to Submit to Testing) is amended in four ways. First, the word “lawfully” is added to the element that the defendant was arrested for driving under the influence. Next, the term “swamp buggy” is added to the “motor vehicle” definition section. Next, a table of lesser-included offenses is added to include the offense of attempt. And finally, the Comment is amended to include the following: “Where the lawfulness of the arrest is at issue, a special instruction may be warranted.”
PAGE 693
Allen v. State
125 So. 3d 191 (Fla. Dist. Ct. App. 2013)
6. (Defendant's) driving privilege had been previously suspended for a prior refusal to submit to a lawful test of [his][her] [breath] [blood] [urine]. Fla. Std. Jury Instr. (Crim.) 28.13 (2009).
PAGE 193
Schaab v. State
33 So. 3d 763 (Fla. Dist. Ct. App. 2010) Cited 6 times
The contempt in this case arose from a felony proceeding, a circuit court case. Section 38.22 gave the circuit judge jurisdiction to hear and punish the contempt. The clerk's assignment of a misdemeanor case number did not affect the status of the contempt as a circuit court matter over which that court had jurisdiction. "[F]ile numbers are merely an administrative convenience for the clerk but not a statutory prerequisite for filing by the parties to the action." Tanner v. State, 744 So.2d 1017, 1019 (Fla. 4th DCA 1997). Case numbers assist a clerk in satisfying the statutory duty to keep all papers filed "with the utmost care and security, arranged in appropriate files." § 28.13, Fla. Stat. (2008). Because the judgment of indirect criminal contempt was a circuit court matter, the appellate division of the circuit court did not have jurisdiction to hear the appeal.
PAGE 766
In re Standard Jury Instructions in Criminal Cases-Rreport 2007-01
965 So. 2d 811 (Fla. 2007) Cited 3 times
Having considered the Committee's report and the comments filed, we approve for publication and use instructions 2.4, 2.7, 3.8(a), 8.18, 8.19, 21.5, 21.6, and 28.13, as proposed by the Committee. In addition, we approve for publication and use, with the modifications discussed below, instructions 3.3(f), 11.11, 14.5, and 14.6.
Radford v. Brock
975 So. 2d 472 (Fla. Dist. Ct. App. 2007)
On remand from this court's prior opinion, the circuit court complied with the proper procedures for addressing these writs by issuing an order to show cause why the petition for writ of mandamus should not be granted. In response, the court reporter and the clerk submitted sworn affidavits attesting that they do not have the records Mr. Radford requests. Under section 28.13, Florida Statutes (1987), the clerk has a duty to "keep all papers filed in his office with the utmost care and security, arranged in appropriate files (endorsing upon each the time when the same was filed)." The court reporter must retain the original notes of proceedings for specified time periods, such as two years for proceedings when a transcript was prepared and for ten years in a felony case when a transcript was not prepared. See Fla.R.Jud.Admin. 2.075(e)(1), (2) (1988).
PAGE 473
In re Amendments to the Florida Rules of Judicial Administration-Reorganization of the Rules
939 So. 2d 966 (Fla. 2006) Cited 24 times
1996 Adoption. This rule was written as a result of the problems being encountered in the removal of files from clerks' offices. While the purpose of the rule is to discourage the removal of court files, it is not intended to prohibit chief judges or the chief justice from issuing for good cause a general order providing that attorneys or authorized individuals may be allowed to check out files on a routine basis to assist in the administrative efficiency of a court. We note that section 28.13, Florida Statutes (1995), similarly prohibits the removal of files from clerks' offices.
PAGE 1005
Radford v. Brock
914 So. 2d 1066 (Fla. Dist. Ct. App. 2005) Cited 29 times
Motion to dismiss
The Clerk of the Circuit Court has a legal duty to maintain and to provide access to the records contained in its files unless the records are legally exempt from disclosure. §§ 28.13; 119.01(1), (3); 119.011(1), (2), Fla. Stat. (2003). Similarly, to the extent that Ms. Holton is in custody of public records, she is obligated to permit the records to be inspected and copied upon proper payment. See § 119.07(1)(a); see also Mathis v. State, 722 So.2d 235, 236 (Fla. 2d DCA 1998) (recognizing that a defendant "has a right to purchase transcripts of his court proceedings"). In addition, Ms. Holton, as a court reporter, is required to retain the original notes or electronic records of proceedings or depositions for specified time periods. For example, when a transcript has not been prepared, a court reporter must retain the notes or records relating to judicial proceedings in felony cases for ten years. See Fla. R.J. Admin. 2.075(f).
PAGE 1068
Cases from cite.case.law:
WC MCKINNEY AVENUE, LLC, v. STK DALLAS, LLC, v. LLC,, 380 F. Supp. 3d 595 (W.D. Tex. 2019)

. . . Under Lease Agreement § 28.13, "no agreement shall be effective to change, modify or terminate" the Lease . . .
IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 262 So. 3d 59 (Fla. 2019)

. . . Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another) ); 28.13 . . . exceptions "mobile carrier" and "personal delivery device" to instructions 16.12, 28.5, 28.5(a), and 28.13 . . . 2011 [73 So.3d 136], 2015 [166 So.3d 161], 2016 [192 So.3d 1190], and _2018 [236 So.3d 244], and 2019. 28.13 . . .
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERICAN HOME MORTGAGE ASSETS TRUST v. F. NOLL, III,, 261 So. 3d 656 (Fla. App. Ct. 2018)

. . . See generally § 28.13, Fla. . . . While leave of court would be required to remove the original note from the custody of the Clerk, see § 28.13 . . .
FIRST MIDWEST BANK, D. a v. CITY OF CHICAGO, a, 337 F. Supp. 3d 749 (N.D. Ill. 2018)

. . . Finally, Chicago moves for remittitur, arguing the $44.7 million damages award should be reduced to $28.13 . . .
DOE, v. STATE C. Y. v. H. H. v. E. P. v. R. C. v. J. G. v. R. D. v. M. R. v. M. R. v. K. M. v. J. M. v. C. W. v. G. P. v. A. P. v. A. B. v., 210 So. 3d 154 (Fla. Dist. Ct. App. 2016)

. . . See § 28.13, Fla. Stat. (2010); Radford v. . . . (citing §§ 28.13; 119.01(1), (3); 119.011(1), (2), Fla. Stat. (2003))). . . .
In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 692 (Fla. 2013)

. . . Canceled with Knowledge); 28.11(a) (Driving While License Revoked as a Habitual Traffic Offender); and 28.13 . . . Instruction 28.13 (Refusal to Submit to Testing) is amended in four ways. . . . Attempt_777.04(1)51 Comment This instruction was adopted in 2007 [958 So.2d 361] and amended in 2013. 28.13 . . .
J. ALLEN, v. STATE, 125 So. 3d 191 (Fla. Dist. Ct. App. 2013)

. . . (Crim.) 28.13 (2009). . . .
VERMONT PUBLIC SERVICE BOARD v. FEDERAL COMMUNICATIONS COMMISSION, 661 F.3d 54 (D.C. Cir. 2011)

. . . to Vermont, the Commission failed to consider alternative benchmarks set at dollar amounts between $28.13 . . .
SCHAAB, a k a v. STATE, 33 So. 3d 763 (Fla. Dist. Ct. App. 2010)

. . . .” § 28.13, Fla. Stat. (2008). . . .
UNITED STATES Ru z, v. VILLAGE OF PORT CHESTER,, 704 F. Supp. 2d 411 (S.D.N.Y. 2010)

. . . percent Hispanic CVAP); District 6 (54.37 percent Hispanic population; 51.80 percent Hispanic VAP; 28.13 . . .
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. v. UNITED STATES,, 90 Fed. Cl. 228 (Fed. Cl. 2009)

. . . Taxation of Income, Estates And Gifts, ¶ 28.13, Limitation on Losses with Respect to Property Leased . . .
ELLIOTT, v. J. QUINTANA,, 336 F. App'x 405 (5th Cir. 2009)

. . . . § 28.13(c) because the Commission failed to obtain the concurrence of two hearing examiners. . . .
D. HYSTEN, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY,, 530 F.3d 1260 (10th Cir. 2008)

. . . notice identified the following work-related rules: Rule S-28.2.5(A) and (C); Rule S-28.2.7; and Rule S-28.13 . . . Finally, Rule S-28.13 sets forth the duties of employees vis-a-vis their supervisors. . . . violation of Rules S-28.2.5 Reporting, Paragraphs A and C, Rule S-28.2.7 Furnishing Information, and S-28.13 . . . forty-six days — to report the injury as “on-duty,” in violation of Rules S-28.2.5, S-28.2.7, and S-28.13 . . . withholding or concealing information regarding the accident from his supervisors in violation of Rules S-28.13 . . .
In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 965 So. 2d 811 (Fla. 2007)

. . . Commission of a Crime; 21.6 — Giving False Information Concerning the Commission of a Capital Felony; and 28.13 . . . filed, we approve for publication and use instructions 2.4, 2.7, 3.8(a), 8.18, 8.19, 21.5, 21.6, and 28.13 . . . This instruction was adopted in 2007. 28.13 REFUSAL TO SUBMIT TO TESTING § 316.1939 Fla. Stat. . . .
W. RADFORD, v. E. BROCK, 975 So. 2d 472 (Fla. Dist. Ct. App. 2007)

. . . Under section 28.13, Florida Statutes (1987), the clerk has a duty to “keep all papers filed in his office . . .
In AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION- REORGANIZATION OF THE RULES, 939 So. 2d 966 (Fla. 2006)

. . . We note that section 28.13, Florida Statutes (1995), similarly prohibits the removal of files from clerks . . .
GILPIN, v. A. SIEBERT,, 419 F. Supp. 2d 1288 (D. Or. 2006)

. . . College and at College expense shall vest in the College and be copyrighted, if at all, in its name. 28.13 . . . Therefore, the analysis turns to § 28.13 of the Union Agreement covering “those instances where materials . . .
RADFORD, v. E. BROCK,, 914 So. 2d 1066 (Fla. Dist. Ct. App. 2005)

. . . . §§ 28.13; 119.01(1), (3); 119.011(1), (2), Fla. Stat. (2003). Similarly, to the extent that Ms. . . .
MUJICA, v. OCCIDENTAL PETROLEUM CORP., 381 F. Supp. 2d 1134 (C.D. Cal. 2005)

. . . . § 28.13[1]. . . .
D. HYSTEN, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY,, 372 F. Supp. 2d 1246 (D. Kan. 2005)

. . . determined that plaintiffs employment should be terminated for violating rules S-28.2.5, S-28.2.7 and S-28.13 . . . Rule S-28.13 requires employees to report to and comply with instructions from supervisors who have the . . . Rule S-28.2.7 Furnishing Information, and S-28.13 Reporting and Complying with Instructions of the Mechanical . . .
A. DUMONT A. v. UNITED STATES, 80 F. Supp. 2d 576 (D.S.C. 2000)

. . . Ex. 28.13; Ex. 21.280, 320-321. Dr. . . .
PLATTEVILLE AREA APARTMENT ASSOCIATION, v. CITY OF PLATTEVILLE,, 179 F.3d 574 (7th Cir. 1999)

. . . though such intrusions were not authorized by the warrant because evidence of violations of sections 28.13 . . .
A. SACK, v. MIAMI HELICOPTER SERVICE, INC. a, 986 F. Supp. 1456 (S.D. Fla. 1997)

. . . One and one-half times Sack’s regular hourly rate of compensation is $28.13 per hour. . . . employee under the Fair Labor Standards Act, he is entitled to at least $10,543.12 (374.8 hours X $28.13 . . .
In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 675 So. 2d 1376 (Fla. 1996)

. . . We note that section 28.13, Florida Statutes (1995), similarly prohibits the removal of files from clerks . . .
ALPERN D. v. UTILICORP UNITED, INC., 84 F.3d 1525 (8th Cir. 1996)

. . . After the June 1992 announcement, UtiliCorp stock declined from $28.13 per share on June 12, to $23.63 . . .
In BROWNING- FERRIS INDUSTRIES INC. SECURITIES LITIGATION, 876 F. Supp. 870 (S.D. Tex. 1995)

. . . announcing second quarter results. (7) April 22, 1991: BFI Director Bruce Ranck sold 20,000 shares at $28.13 . . .
WEST, v. B. WEST,, 825 F. Supp. 1033 (N.D. Ga. 1992)

. . . West Lumber 7.99 8.09 8.03 6.77 4.05 West Enterprises 7.97 8.08 7.97 7.76 7.66 West Equipment 27.42 28.13 . . .
W. FAIRCLOTH, C. v. NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY,, 799 F. Supp. 815 (S.D. Ohio 1992)

. . . Anderson, Couch Encyclopedia of Insurance Law § 28.13, at 23 (2d ed. 1984) (an administrator receives . . .
S. MATTSON, M. J. d b a v. L. KOLHAGE,, 569 So. 2d 1358 (Fla. Dist. Ct. App. 1990)

. . . .” § 28.13, Fla.Stat. (1989) (emphasis added). . . .
MARTINEZ, v. D. L. CULLIFER SON, INC. NAVARRO, v. D. L. CULLIFER SON, INC., 556 So. 2d 796 (Fla. Dist. Ct. App. 1990)

. . . mere benefit to an employer through the act of providing assistance to one in trouble. 1A Larson, at § 28.13 . . .
ROCKHAULERS, INC. v. DAVIS,, 554 So. 2d 654 (Fla. Dist. Ct. App. 1989)

. . . mere benefit to an employer through the act of providing assistance to one in trouble. 1A Larson, at § 28.13 . . .
HEDSTROM LUMBER COMPANY, INC. v. UNITED STATES, 7 Cl. Ct. 16 (Cl. Ct. 1984)

. . . Those rates were: Species Sawtimber (Ccf) Pulp (Ccf) Red and White Pine $ 28.13 - White Cedar 6.07 - . . .
SLIMFOLD MANUFACTURING COMPANY, INC. v. KINKEAD INDUSTRIES, INC., 600 F. Supp. 1015 (N.D. Ga. 1984)

. . . Chisum, Patents, Vol. 3, § 11.03[4], p. 11-28.12 — 28.13 (Mathew Bender 1984). . . . .
v., 7 Ct. Int'l Trade 99 (Ct. Int'l Trade 1984)

. . . . § 28.13; (2) United States Price: "[T]he term ‘United States price’ means the purchase price or the . . .
McKASKLE, ACTING DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS v. WIGGINS, 465 U.S. 168 (U.S. 1984)

. . . State, where prosecutions were dismissed — and according to VACCP Art. 28.13, I should’nt [sic] be tried . . .
In UNITED TRACTORS, INC. A. MINER, v. F. MITCHELL,, 15 B.R. 719 (Bankr. W.D. Mo. 1981)

. . . prior judgment, it must do so within ten days. 11 Wright and Miller, Federal Practice and Procedure ¶ 28.13 . . .
In UNITED TRACTORS, INC. A. MINER, v. SHARP FORD- MERCURY, INC., 13 B.R. 239 (Bankr. W.D. Mo. 1981)

. . . judgment, it must do so within ten days. 11 Wright and Miller, Federal Practice and Procedure para. 28.13 . . .
J. COOK, v. WALGREEN CO. Co., 399 So. 2d 523 (Fla. Dist. Ct. App. 1981)

. . . Section 28.13, Florida Statutes (1979), further describes the clerk’s duty for filing papers. . . . Florida Statutes, section 28.13 (1979): The clerk of the circuit court shall keep all papers filed in . . .
BECKTELL, v. L. HEATH,, 308 So. 2d 647 (Fla. Dist. Ct. App. 1975)

. . . .” § 28.13, F.S. 1973. . . .
BECKER, C. T. A. G. v. D. KING,, 307 So. 2d 855 (Fla. Dist. Ct. App. 1975)

. . . Section 28.13, F.S. . Section 28.212, F.S. . See R.Cr.P. . . .
TEXACO, INC. v. OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL UNION, LOCAL UNION NO. AFL- CIO, 343 F. Supp. 267 (W.D. La. 1972)

. . . 4Vz Bag Mix 24.75 5 Bag Mix 25.50 5V2 Bag Mix 26.25 6 Bag Mix 27.00 6V2 Bag Mix 27.75 63/4 Bag Mix 28.13 . . .
v., 60 Cust. Ct. 700 (Cust. Ct. 1968)

. . . was appraised at invoice unit values net, less invoiced ocean freight of $792.22, and insurance of $28.13 . . .
PITCAIRN COMPANY v. UNITED STATES, 180 F. Supp. 582 (Ct. Cl. 1960)

. . . None of these decisions were appealed by the defendant, and on June 16,1958, T.D. 6297, IRB 1958-28.13 . . .
UNITED STATES v. SUN OIL COMPANY, 176 F. Supp. 715 (E.D. Pa. 1959)

. . . Of these, 4,716 or 71.87% of the total were “A” dealers, and 1,846 or 28.13% were “AA” dealers. . . .
COMMISSIONER OF INTERNAL REVENUE, v. BELRIDGE OIL COMPANY,, 267 F.2d 291 (9th Cir. 1959)

. . . The remaining 28.13% was divided among the other companies according to their agreed percentages. . . .
SAFEWAY STORES, v. SKLAR, 75 F. Supp. 98 (E.D. Pa. 1947)

. . . . §§ 28.1-28.13. In John H. Gates v. . . .
COUNSELMAN v. PITZER, 79 F.2d 707 (D.C. Cir. 1935)

. . . $4,-500: Appraisal fee, $6.00; commission, 1%, $45.00; tax certificate, $1.00; insurance premium, $28.13 . . .
, 22 F. 126 (S.D.N.Y. 1884)

. . . May 12, 1884; $16.40 due to William Horre for repairs done between January 25 and March 5, 1884: and $28.13 . . .