Florida Statutes
Fla. Stat. § 28.13 (2025)
Papers and electronic filings.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1975–2025 · leading case: Doe v. State, 210 So. 3d 154 (Fla. 2d DCA 2016).
Doe v. State, 210 So. 3d 154 (Fla. 2d DCA 2016). “See § 28.13, Fla. Stat. (2010); Radford v. Brock, 914 So.”
Amendments to Rules of Jud. Admin.-Reorg., 939 So. 2d 966 (Fla. 2006). “We note that section 28.13, Florida Statutes (1995), similarly prohibits the removal of files from clerks' offices.”
Radford v. Brock, 914 So. 2d 1066 (Fla. 2d DCA 2005). “§§ 28.13; 119.01(1), (3); 119.011(1), (2), Fla.”
Cook v. Walgreen Co., 399 So. 2d 523 (Fla. 2d DCA 1981). “According to this procedure, one might conclude that appellant's attorney fulfilled his obligation of delivery for the purpose of filing.”
Schaab v. State, 33 So. 3d 763 (Fla. 4th DCA 2010). “” § 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.”
Mattson v. Kolhage, 569 So. 2d 1358 (Fla. 3d DCA 1990). “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 ).”
Deutsche Bank Nat'l Trust Co., as Tr. v. William F. Noll, I I I, 261 So. 3d 656 (Fla. 2d DCA 2018). “In other words, there is nothing pertinent to distinguish this scenario—a promissory note sitting in the Clerk's file for a dismissed case—from the normal scenario in which a foreclosure plaintiff surrenders the note to the clerk in a pending case before entry of a final…”
Becker v. King, 307 So. 2d 855 (Fla. 4th DCA 1975). “[6] Section 28.13, F.S. [7] Section 28.212, F.”
Rockhaulers, Inc. v. Davis, 554 So. 2d 654 (Fla. 1st DCA 1989). “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.”
Martinez v. D.L. Cullifer & Son, Inc., 556 So. 2d 796 (Fla. 1st DCA 1990). “Following Larson, we emphasize[d] 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.”
Becktell v. Heath, 308 So. 2d 647 (Fla. 4th DCA 1975). “” § 28.13, F.S. 1973. Rule 3.220 (d)RCrP, provides in part that “The trial court or its clerk shall, upon application, issue subpoenas for the persons *649 whose depositions are to be taken.”
Deltec Bank & Trust Ltd. v. Carbonara (S.D. Fla. 2025). “Notably, the PSA expressly provides that “[e]ach of the Parties shall at all times during the term of [the PSA] be considered, act as, and shall represent itself to be, an independent contractor, and not an agent or employee of the other” (DE 67 § 28.13). This provision…”
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