Florida Statute 28.33 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

View Entire Chapter

F.S. 28.33

28.33 Investment of county funds by the clerk of the circuit court.—The clerk of the circuit court in each county shall invest county funds in excess of those required to meet expenses as provided in s. 218.415. No clerk investing such funds shall be liable for the loss of any interest when circumstances require the withdrawal of funds placed in a time deposit and needed for immediate payment of county obligations. Except for interest earned on moneys deposited in the registry of the court, all interest accruing from moneys deposited shall be deemed income of the county and may be expended as receipts of the county as approved by the board of county commissioners pursuant to chapter 129. The clerk may invest moneys deposited in the registry of the court and shall retain as income of the office of the clerk and as a reasonable investment management fee 10 percent of the interest accruing on those funds with the balance of such interest being allocated in accordance with the interest of the depositors.

History.—s. 1, ch. 73-282; s. 1, ch. 82-117; s. 166, ch. 95-147; s. 7, ch. 2000-264; s. 6, ch. 2009-61.

F.S. 28.33 on Google Scholar

F.S. 28.33 on CourtListener

Amendments to 28.33

Annotations, Discussions, Cases:

Cases Citing Statute 28.33

Total Results: 22

Alachua County v. Powers

351 So. 2d 32

Supreme Court of Florida | Filed: Oct 6, 1977 | Docket: 1671663

Cited 47 times | Published

investment of county funds the court below held that Section 28.33, Florida Statutes (1975), requiring the clerk

Pomponio v. Claridge of Pompano Condominium

378 So. 2d 774, 1979 Fla. LEXIS 4852

Supreme Court of Florida | Filed: Nov 15, 1979 | Docket: 1794903

Cited 41 times | Published

concur. This Court's recent construction of section 28.33, Florida Statutes (1977), in Beckwith v. Webb's

Gordon v. State

608 So. 2d 800, 1992 WL 324896

Supreme Court of Florida | Filed: Nov 12, 1992 | Docket: 1356965

Cited 30 times | Published

the circuit court investing such moneys... ." § 28.33, Fla. Stat. (1973).

Beckwith v. Webb's Fabulous Pharmacies, Inc.

374 So. 2d 951

Supreme Court of Florida | Filed: May 31, 1979 | Docket: 2521734

Cited 11 times | Published

pro per. PER CURIAM. The constitutionality of section 28.33, Florida Statutes (1977), which provides that

Gold Coast Publications, Inc. v. Corrigan

798 F. Supp. 1558, 1992 U.S. Dist. LEXIS 11268, 1992 WL 174507

District Court, S.D. Florida | Filed: Jul 9, 1992 | Docket: 1120578

Cited 10 times | Published

both in specific accordance with the terms of Section 28-33 of the Code. Reasonable evidence of equivalent

Gold Coast Publications, Inc. v. Corrigan

798 F. Supp. 1558, 1992 U.S. Dist. LEXIS 11268, 1992 WL 174507

District Court, S.D. Florida | Filed: Jul 9, 1992 | Docket: 1120578

Cited 10 times | Published

both in specific accordance with the terms of Section 28-33 of the Code. Reasonable evidence of equivalent

INTERN. STUDIO APARTMENT ASS'N, INC. v. Lockwood

421 So. 2d 1119

District Court of Appeal of Florida | Filed: Nov 24, 1982 | Docket: 1372518

Cited 8 times | Published

timely paid into the registry. Another statute, Section 28.33, Florida Statutes (1977), authorized the clerk

Newsweek, Inc. v. Department of Revenue

689 So. 2d 361, 1997 WL 63176

District Court of Appeal of Florida | Filed: Feb 18, 1997 | Docket: 1477029

Cited 7 times | Published

786, 102 L.Ed.2d 778 (1989). Moreover, while section 28.33, Florida Statutes (1995) states, in pertinent

Camden Condominium Association Inc. v. Dunkle

805 F.2d 1532

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 1987 | Docket: 805095

Cited 6 times | Published

1972, one year before the effective date of section 28.33, another state supreme court struck down another

Maloy v. Seminole Cnty.

264 So. 3d 370

District Court of Appeal of Florida | Filed: Feb 15, 2019 | Docket: 64704611

Cited 1 times | Published

provided in section 218.415, Florida Statutes. See § 28.33, Fla. Stat. (2017). In 1995, pursuant to section

Maloy v. Seminole Cnty.

264 So. 3d 370

District Court of Appeal of Florida | Filed: Feb 15, 2019 | Docket: 64704612

Published

provided in section 218.415, Florida Statutes. See § 28.33, Fla. Stat. (2017). In 1995, pursuant to section

Brock v. Board of County Commissioners of Collier County ex rel. Collier County

9 So. 3d 635, 2009 Fla. App. LEXIS 652

District Court of Appeal of Florida | Filed: Jan 30, 2009 | Docket: 60309060

Published

funds, has invested on the county’s behalf. Section 28.33, Florida Statutes (2007), states: The clerk

Ago

Florida Attorney General Reports | Filed: Oct 27, 1999 | Docket: 3257767

Published

legislation repealing it simultaneously created section 28.33, Florida Statutes, relating to the investment

Florida Elks Children's Hospital v. Stanley

610 So. 2d 538, 1992 Fla. App. LEXIS 12121, 1992 WL 355045

District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 64692808

Published

Lockwood involved the constitutionality of section 28.33, Florida Statutes (1977) which authorized the

Greco v. Tampa Wholesale Co.

522 So. 2d 506, 13 Fla. L. Weekly 739, 1988 Fla. App. LEXIS 1088, 1988 WL 22258

District Court of Appeal of Florida | Filed: Mar 18, 1988 | Docket: 64633679

Published

910 from the funds placed in the registry. Section 28.33 states in pertinent part: The clerk may invest

Camden I. Condominium Ass'n v. Dunkle

805 F.2d 1532

Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 1986 | Docket: 66221422

Published

1972, one year before the effective date of section 28.33, another state supreme court struck down another

Ago

Florida Attorney General Reports | Filed: Jul 8, 1985 | Docket: 3258065

Published

interest earned from investment of surplus funds. Section 28.33 provides in pertinent part: Except for

Ago

Florida Attorney General Reports | Filed: Feb 1, 1983 | Docket: 3255128

Published

interest earned thereon as income of his office. Section 28.33, F.S. (1982 Supp.), provides that the clerk

Ago

Florida Attorney General Reports | Filed: Apr 30, 1982 | Docket: 3258438

Published

INVESTMENTS AS INCOME OF THE OFFICE OF THE CLERK? Section 28.33, F.S., provides for the investment of county

Beckwith v. Webb's Fabulous Pharmacies, Inc.

394 So. 2d 1009, 1981 Fla. LEXIS 2568

Supreme Court of Florida | Filed: Feb 26, 1981 | Docket: 64580793

Published

and for Seminole County, Florida, and holding section 28.33, Florida Statutes (1977), constitutional. Beckwith

Ago

Florida Attorney General Reports | Filed: Aug 28, 1975 | Docket: 3255352

Published

fees and commissions of the clerk's office." Section 28.33. (An exception to the requirement of s. 28.33

Ago

Florida Attorney General Reports | Filed: Feb 12, 1974 | Docket: 3255632

Published

or accounts such funds may be invested in. Section 28.33 requires the investment of court registry funds