The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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28.13 REFUSAL TO SUBMIT TO TESTING
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.
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…
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.”
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).
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.
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.
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).
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.
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).
. . . Under Lease Agreement § 28.13, "no agreement shall be effective to change, modify or terminate" the Lease . . .
. . . 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 . . .
. . . 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 . . .
. . . Finally, Chicago moves for remittitur, arguing the $44.7 million damages award should be reduced to $28.13 . . .
. . . See § 28.13, Fla. Stat. (2010); Radford v. . . . (citing §§ 28.13; 119.01(1), (3); 119.011(1), (2), Fla. Stat. (2003))). . . .
. . . 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 . . .
. . . to Vermont, the Commission failed to consider alternative benchmarks set at dollar amounts between $28.13 . . .
. . . .” § 28.13, Fla. Stat. (2008). . . .
. . . percent Hispanic CVAP); District 6 (54.37 percent Hispanic population; 51.80 percent Hispanic VAP; 28.13 . . .
. . . Taxation of Income, Estates And Gifts, ¶ 28.13, Limitation on Losses with Respect to Property Leased . . .
. . . . § 28.13(c) because the Commission failed to obtain the concurrence of two hearing examiners. . . .
. . . 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 . . .
. . . 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. . . .
. . . Under section 28.13, Florida Statutes (1987), the clerk has a duty to “keep all papers filed in his office . . .
. . . We note that section 28.13, Florida Statutes (1995), similarly prohibits the removal of files from clerks . . .
. . . 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 . . .
. . . . §§ 28.13; 119.01(1), (3); 119.011(1), (2), Fla. Stat. (2003). Similarly, to the extent that Ms. . . .
. . . . § 28.13[1]. . . .
. . . 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 . . .
. . . Ex. 28.13; Ex. 21.280, 320-321. Dr. . . .
. . . though such intrusions were not authorized by the warrant because evidence of violations of sections 28.13 . . .
. . . 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 . . .
. . . We note that section 28.13, Florida Statutes (1995), similarly prohibits the removal of files from clerks . . .
. . . After the June 1992 announcement, UtiliCorp stock declined from $28.13 per share on June 12, to $23.63 . . .
. . . announcing second quarter results. (7) April 22, 1991: BFI Director Bruce Ranck sold 20,000 shares at $28.13 . . .
. . . 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 . . .
. . . Anderson, Couch Encyclopedia of Insurance Law § 28.13, at 23 (2d ed. 1984) (an administrator receives . . .
. . . .” § 28.13, Fla.Stat. (1989) (emphasis added). . . .
. . . mere benefit to an employer through the act of providing assistance to one in trouble. 1A Larson, at § 28.13 . . .
. . . mere benefit to an employer through the act of providing assistance to one in trouble. 1A Larson, at § 28.13 . . .
. . . Those rates were: Species Sawtimber (Ccf) Pulp (Ccf) Red and White Pine $ 28.13 - White Cedar 6.07 - . . .
. . . Chisum, Patents, Vol. 3, § 11.03[4], p. 11-28.12 — 28.13 (Mathew Bender 1984). . . . .
. . . . § 28.13; (2) United States Price: "[T]he term ‘United States price’ means the purchase price or the . . .
. . . State, where prosecutions were dismissed — and according to VACCP Art. 28.13, I should’nt [sic] be tried . . .
. . . prior judgment, it must do so within ten days. 11 Wright and Miller, Federal Practice and Procedure ¶ 28.13 . . .
. . . judgment, it must do so within ten days. 11 Wright and Miller, Federal Practice and Procedure para. 28.13 . . .
. . . 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 . . .
. . . .” § 28.13, F.S. 1973. . . .
. . . Section 28.13, F.S. . Section 28.212, F.S. . See R.Cr.P. . . .
. . . 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 . . .
. . . was appraised at invoice unit values net, less invoiced ocean freight of $792.22, and insurance of $28.13 . . .
. . . None of these decisions were appealed by the defendant, and on June 16,1958, T.D. 6297, IRB 1958-28.13 . . .
. . . Of these, 4,716 or 71.87% of the total were “A” dealers, and 1,846 or 28.13% were “AA” dealers. . . .
. . . The remaining 28.13% was divided among the other companies according to their agreed percentages. . . .
. . . . §§ 28.1-28.13. In John H. Gates v. . . .
. . . $4,-500: Appraisal fee, $6.00; commission, 1%, $45.00; tax certificate, $1.00; insurance premium, $28.13 . . .
. . . May 12, 1884; $16.40 due to William Horre for repairs done between January 25 and March 5, 1884: and $28.13 . . .