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Florida Statute 28.13 - Full Text and Legal Analysis
Florida Statute 28.13 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 28.13 Case Law from Google Scholar Google Search for Amendments to 28.13

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 28
CLERKS OF THE CIRCUIT COURTS
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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 CourtListener

Amendments to 28.13


Annotations, Discussions, Cases:

Cases Citing Statute 28.13

Total Results: 13  |  Sort by: Relevance  |  Newest First

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Becker v. King, 307 So. 2d 855 (Fla. 4th DCA 1975).

Cited 30 times | Published | Florida 4th District Court of Appeal

...led "Entering judgment or decree of divorce nunc pro tunc". Note Section 46.021, F.S. [4] Ellis v. State (1930) 100 Fla. 27, 129 So. 106, 69 A.L.R. 783 cited in 19 Fla.Jur., page 23, Judgments and Decrees, Sec. 1, note 5. [5] Section 28.29, F.S. [6] Section 28.13, F.S....
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Amendments to Rules of Jud. Admin.-Reorg., 939 So. 2d 966 (Fla. 2006).

Cited 14 times | Published | Supreme Court of Florida | 2006 WL 2708465

...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....
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Rockhaulers, Inc. v. Davis, 554 So. 2d 654 (Fla. 1st DCA 1989).

Cited 7 times | Published | Florida 1st District Court of Appeal | 1989 WL 155601

...arson, Workmen's Compensation Law § 28.00 (1978). However, Professor Larson emphasizes that there must be a true emergency, as distinguished from a mere benefit to an employer through the act of providing assistance to one in trouble. 1A Larson, at § 28.13....
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Wald Corp. v. Metro. Dade Cnty., 338 So. 2d 863 (Fla. 3d DCA 1976).

Cited 6 times | Published | Florida 3rd District Court of Appeal | 1976 Fla. App. LEXIS 15760

the police power. Wald finally contends that Section 28-13 is unconstitutionally vague in that it allows
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Schaab v. State, 33 So. 3d 763 (Fla. 4th DCA 2010).

Cited 5 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 5290, 2010 WL 1563698

...iling 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....
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Cook v. Walgreen Co., 399 So. 2d 523 (Fla. 2d DCA 1981).

Cited 4 times | Published | Florida 2nd District Court of Appeal

...Holding Corp., 341 So.2d 795 (Fla. 3d DCA 1977). But see Security Finance Co. v. Gentry, 91 Fla. 1015, 109 So. 220 (1926) (Where the court clerk was required by statute to keep a default docket, a default did not begin to run until such entry was made in the proper docket book.) Section 28.13, Florida Statutes (1979), further describes the clerk's duty for filing papers....
...Appellant would not be precluded at a further evidentiary hearing from presenting evidence to support the failure to file within the period of the statute of limitations. REVERSED and REMANDED for treatment consistent herewith. SCHEB, C.J., and GRIMES, J., concur. NOTES [1] Florida Statutes, section 28.13 (1979): The clerk of the circuit court shall 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), and all the pleadings in such caus...
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Mattson v. Kolhage, 569 So. 2d 1358 (Fla. 3d DCA 1990).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 1990 WL 175774

...otions in pending cases. We agree. The clerk is charged with the ministerial 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 )... ." § 28.13, Fla....
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Doe v. State, 210 So. 3d 154 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal

to a record is founded in state statutes. See § 28.13, Fla. Stat. (2010); Radford v. Brock, 914 So.2d
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Deutsche Bank Nat'l Trust Co., as Tr. v. William F. Noll, I I I, 261 So. 3d 656 (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

maintain any type of filed document. See generally § 28.13, Fla. Stat. (2016) (describing the duties of the
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In re Florida Rule of Jud. Admin. 2.072, 675 So. 2d 1376 (Fla. 1996).

Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 291, 1996 Fla. LEXIS 1066, 1996 WL 350146

administrative efficiency of a court. *1377We note that section 28.13, Florida Statutes (1995), similarly prohibits
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Radford v. Brock, 975 So. 2d 472 (Fla. 2d DCA 2007).

Published | Florida 2nd District Court of Appeal | 2007 WL 1574388

...ese 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 ret...
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Becktell v. Heath, 308 So. 2d 647 (Fla. Dist. Ct. App. 1975).

Published | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14580

...The receipt of tendered pleadings and other papers in pending litigation by the clerk of a court is a ministerial duty devoid of any discretion. Kaufman v. Sutton, Fla.App. 1970, 231 So.2d 874 . By statute the clerk is mandated to “keep all papers filed in his office with the utmost care and security . . ..” § 28.13, F.S....
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Martinez v. D.L. Cullifer & Son, Inc., 556 So. 2d 796 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 925, 1990 WL 13531

providing assistance to one in trouble. 1A Larson, at § 28.13. This “true emergency” requirement lies at the

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