28.33
Investment of county funds by the clerk of the circuit court.
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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.
Notes of Decisions
Cited in 20
cases, 1977–2019 · leading case: Brown v. Legal Foundation of Washington
Brown v. Legal Foundation of Washington (2003)
“1 (quoting Fla. Stat. § 28.33 (1977)). The appellant in Webb's had tendered nearly million to a state court after filing an interpleader action, and we held that the state court's retention of the more than 0,000 in interest generated by those funds was an uncompensated…”
Beckwith v. Webb's Fabulous Pharmacies, Inc. (1979)
“NOTES [1] § 28.33, Fla. Stat. (1977), reads in pertinent part: Moneys deposited in the registry of the court shall be deposited in interest-bearing certificates at the discretion of the clerk, subject to the above guidelines.”
Pomponio v. Claridge of Pompano Condominium (1979)
“§ 28.33, Fla. Stat. (1977). *783 In my view, if the trial court had the authority to direct the disposition of interest earned and the lessors or lessees could be made whole if their position was upheld at the conclusion of the proceedings, then such a depository arrangement…”
Phillips v. Washington Legal Foundation (1998)
“1 (quoting Fla. Stat. § 28.33 (1977)) (emphasis deleted).”
Alachua County v. Powers (1977)
“In regard to investment of county funds the court below held that Section 28.33, Florida Statutes (1975), requiring the clerk of the circuit court to invest funds in interest bearing certificates or direct obligations of the United States, "applies to all funds in the clerk's…”
INTERN. STUDIO APARTMENT ASS'N, INC. v. Lockwood (1982)
“The statute permitted members of the class to pay rent due under such leases into the registry of the court pending resolution of the dispute and prevented the lessor from taking action to dispossess or otherwise penalize defaulting tenant/class members provided rent payments…”
McCarthy v. City of Cleveland (2010)
“See Fla. Stat. § 28.33 (1977). The seizure of the interest earned was unrelated to any service provided by the Florida court system because a separate statute specified a percentage fee that the court clerk would receive to cover his expenses.”
Webb's Fabulous Pharmacies, Inc. v. Beckwith (1980)
“The statute which is the object of the constitutional challenge here is Fla. Stat. §28.33 (1977). 1 I On February 12, 1976, appellant Eckerd’s of College Park, Inc.”
Gordon v. State (1992)
“…moneys deposited shall be deemed income of the office of the clerk of the circuit court investing such moneys... ." § 28.33, Fla. Stat. (1973).”
Maloy v. Seminole Cnty. (2019)
“See § 28.33, Fla. Stat. (2017). In 1995, pursuant to section 218.”
Newsweek, Inc. v. Department of Revenue (1997)
“Moreover, while section 28.33, Florida Statutes (1995) states, in pertinent part, that "[m]oneys deposited in the registry of the court shall be deposited in interest-bearing certificates at the discretion of the clerk,.”
Greco v. Tampa Wholesale Co. (1988)
“There the United States Supreme Court declared section 28.33, Florida Statutes (1977), unconstitutional.”
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