Florida Statute 28.2402 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

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28.2402 Cost recovery; use of the circuit court for ordinance or special law violations.—

(1)(a) In lieu of payment of a filing fee under s. 28.241, a filing fee of $10 shall be paid by a county or municipality when filing a county or municipal ordinance violation or violation of a special law in circuit court. This fee shall be paid to the clerk of the court for performing court-related functions. A county or municipality is not required to pay more than one filing fee for a single filing against a single defendant that contains multiple alleged violations. A filing fee, other than that imposed under this section, may not be assessed for initiating an enforcement proceeding in circuit court for a violation of a county or municipal code or ordinance or a violation of a special law. The filing fee shall not apply to instances in which a county or municipality has contracted with the state, or has been delegated by the state, responsibility for enforcing state operations, policies, or requirements under s. 125.69, s. 166.0415, or chapter 162.

(b) No other filing fee may be assessed for filing the violation in circuit court. If a person contests the violation in court, the court shall assess $40 in costs against the nonprevailing party. The county or municipality shall be considered the prevailing party when there is a finding of violation to any count or lesser included offense of the charge. Costs recovered pursuant to this paragraph shall be deposited into the clerk’s fine and forfeiture fund established pursuant to s. 142.01.

(2) To offset costs incurred by the clerks of the court in performing court-related functions associated with the processing of violations of special laws and municipal ordinances, 10 percent of the total amount of fines paid to each municipality for special law or ordinance violations filed in circuit court shall be retained by the clerk of the court for deposit into the clerk’s fine and forfeiture fund established pursuant to s. 142.01, except for fines a portion of which the clerk of the court retains pursuant to any other provision of state law. A municipality does not include the unincorporated areas, if any, of a government created pursuant to s. 6(e), Art. VIII of the State Constitution.

History.—s. 30, ch. 2003-402; s. 18, ch. 2004-265; s. 7, ch. 2005-236.

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Amendments to 28.2402

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Cases Citing Statute 28.2402

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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

required to pay the filing fee pursuant to section 28.2402, Florida Statutes, assess the filing fee against

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City of Pompano Beach v. Forman, 919 So. 2d 692 (Fla. 4th DCA 2006).

Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 1157, 2006 WL 229902

PER CURIAM. The Cities of Pompano Beach, Margate and Hollywood, Florida (“the Cities”) brought this action for declaratory relief in which they argued section 28.2402 and section 34.045, Florida Statutes, which took effect in 2004, are unconstitutional in view of Article V, Section 14, of the Florida Constitution....

...We express no opinion as to the trial court’s ultimate conclusion in the order on appeal since that would be premature in light of our remand to consider additional evidence and argument. Reversed and Remanded. STEVENSON, C.J., and SHAHOOD, J., concur. POLEN, J., dissents with opinion. . Section 28.2402(l)(a) provides in part that "[i]n lieu of payment of a filing fee under s....