Florida Statute 28.37 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

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F.S. 28.37

28.37 Fines, fees, service charges, and costs remitted to the state.—

(1) Pursuant to s. 14(b), Art. V of the State Constitution, selected salaries, costs, and expenses of the state courts system and court-related functions shall be funded from a portion of the revenues derived from statutory fines, fees, service charges, and court costs collected by the clerks of the court and from adequate and appropriate supplemental funding from state revenues as appropriated by the Legislature.

(2) As used in this section, the term:

(a) “Cumulative excess” means revenues derived from fines, fees, service charges, and court costs collected by the clerks of the court which are greater than the original revenue projection.

(b) “Original revenue projection” means the official estimate, as determined by the Revenue Estimating Conference, of revenues from fines, fees, service charges, and court costs available for court-related functions for the county fiscal year covered by the projection.

(3) The portion of all fines, fees, service charges, and costs collected by the clerks of the court for the previous quarter which is in excess of one-fourth of the clerks’ total budget for the performance of court-related functions must be remitted to the Department of Revenue for deposit into the Clerks of the Court Trust Fund. Such collections do not include funding received for the operation of the Title IV-D child support collections and disbursement program. The clerk of the court shall remit the revenues collected during the previous quarter due to the state on or before the 10th day of the next preceding month immediately following the quarterly calculation.

(4)(a) Each year, no later than January 25, for the previous county fiscal year, the clerks of court, in consultation with the Florida Clerks of Court Operations Corporation, shall remit to the Department of Revenue for deposit in the Clerks of the Court Trust Fund the cumulative excess of all fines, fees, service charges, and court costs retained by the clerks of the court, plus any funds received by the clerks of the court from the Clerks of the Court Trust Fund under s. 28.36(4), which exceed the amount needed to meet their authorized budget amounts established under s. 28.35.

(b) No later than February 1, 2022, and each February 1 thereafter, the Department of Revenue shall transfer 50 percent of the cumulative excess of the original revenue projection from the Clerks of the Court Trust Fund to the General Revenue Fund. The remaining 50 percent in the Clerks of the Court Trust Fund may be used in the development of the total combined budgets of the clerks of the court as provided in s. 28.35(2)(f)6. However, a minimum of 10 percent of the clerk-retained portion of the cumulative excess amount must be held in reserve until such funds reach an amount equal to at least 16 percent of the total budget authority from the current county fiscal year, as provided in s. 28.36(3)(a).

(5) The Department of Revenue shall collect any funds that the Florida Clerks of Court Operations Corporation determines upon investigation were due but not remitted to the Department of Revenue. The corporation shall notify the clerk of the court and the Department of Revenue of the amount due to the Department of Revenue. The clerk of the court shall remit the amount due no later than the 10th day of the month following the month in which notice is provided by the corporation to the clerk of the court.

(6) Ten percent of all court-related fines collected by the clerk, except for penalties or fines distributed to counties or municipalities under s. 316.0083(1)(b)3. or s. 318.18(16)(a), must be deposited into the fine and forfeiture fund to be used exclusively for clerk court-related functions, as provided in s. 28.35(3)(a).

History.—s. 38, ch. 2003-402; s. 25, ch. 2004-265; s. 12, ch. 2005-236; s. 5, ch. 2009-204; s. 5, ch. 2012-100; s. 8, ch. 2013-44; s. 5, ch. 2017-126; s. 4, ch. 2019-58; s. 7, ch. 2021-116; s. 4, ch. 2023-284; s. 21, ch. 2024-57.

F.S. 28.37 on Google Scholar

F.S. 28.37 on Casetext

Amendments to 28.37

Arrestable Offenses / Crimes under Fla. Stat. 28.37

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 28.37.

Annotations, Discussions, Cases:

Cases Citing Statute 28.37

Total Results: 18

CINDY STUART, CLERK AND COMPTROLLER FOR 13TH JUDICIAL CIRCUIT v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-12-08

Snippet: revenue that exceeds that authorized budget, see § 28.37(4)(a). Clerks simply do not—and cannot—hold onto

Ruth D. Ledoux-Nottingham v. Jennifer Joy Downs, etc.

Court: Supreme Court of Florida | Date Filed: 2017-02-16

Citation: 210 So. 3d 1217, 42 Fla. L. Weekly Supp. 195, 2017 WL 633767, 2017 Fla. LEXIS 336

Snippet: 3 . See Sullivan v. Sapp, 866 So.2d 28, 37 (Fla. 2004); Richardson v. Richardson, 766 So.2d

Everly Scott Lippwe v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2014-12-11

Citation: 152 So. 3d 782

Snippet: appropriate agency. Finally, we point out that section 28.37(2), Florida Statutes (2011), does not itself authorize

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-03-15

Snippet: Att'y Gen. Fla. 70-46 (1970). 15 See ss. 28.35 — 28.37, Fla. Stat.

GE Fanuc Intelligent Platforms Embedded v. Brijot Imaging Systems, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-01-21

Citation: 51 So. 3d 1243, 2011 Fla. App. LEXIS 233, 2011 WL 180373

Snippet: also 7-28 Arthur L. Corbin, Corbin on Contracts § 28.37 (2002 ed.). This argument is unpersuasive as it

Chamberlain v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-07-28

Citation: 44 So. 3d 138, 2010 Fla. App. LEXIS 10861, 2010 WL 2925176

Snippet: DCA 2009) (citing Phillips v. State, 894 So.2d 28, 37 (Fla.2004)). The trial court may summarily deny

Chamberlain v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-03-03

Citation: 37 So. 3d 283, 2010 WL 711718

Snippet: DCA 2009) (citing Phillips v. State, 894 So.2d 28, 37 (Fla.2004)). The trial court may summarily deny

Terrell v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-05-27

Citation: 9 So. 3d 1284, 2009 Fla. App. LEXIS 6046, 2009 WL 1456738

Snippet: claim is invalid. Phillips v. State, 894 So.2d 28, 37 (Fla.2004). In determining whether or not an evidentiary

Burke v. Esposito

Court: District Court of Appeal of Florida | Date Filed: 2008-01-11

Citation: 972 So. 2d 1024, 2008 WL 108786

Snippet: chapter 2003-402, section 38, which created section 28.37, Florida Statutes (2003), and required the clerks

Cranney v. Coronado

Court: District Court of Appeal of Florida | Date Filed: 2006-02-01

Citation: 920 So. 2d 132, 2006 WL 229042

Snippet: unconstitutional." Sullivan v. Sapp, 866 So.2d 28, 37 (Fla.2004) (holding section 61.13(2)(b)(2)(c) facially

A.D. v. K.S.

Court: District Court of Appeal of Florida | Date Filed: 2004-03-03

Citation: 869 So. 2d 39, 2004 Fla. App. LEXIS 2571, 2004 WL 385018

Snippet: Florida Constitution. In Sullivan v. Sapp, 866 So.2d 28, 37-38 (Fla.2004), the supreme court stated: “Clearly

State v. Goodman

Court: District Court of Appeal of Florida | Date Filed: 1997-07-09

Citation: 696 So. 2d 940, 1997 WL 374513

Snippet: obviously approved. See Crist [v. Bretz ], 437 U.S. 28, 37, 98 S.Ct. 2156, 2166, 57 L.Ed.2d 24, (1978) ..

State v. Patrick

Court: District Court of Appeal of Florida | Date Filed: 1983-09-14

Citation: 437 So. 2d 217

Snippet: Dombrowski, 413 U.S. 433, 440-41, 93 S.Ct. 2523, 2527-28, 37 L.Ed.2d 706, 715 (1973). Since the original drafting

Atlantic Truck Lines, Inc. v. Kersey

Court: District Court of Appeal of Florida | Date Filed: 1980-08-01

Citation: 387 So. 2d 411

Snippet: v. Brada Miller Freight Systems, Inc., 423 U.S. 28, 37, 96 S.Ct. 229, 234, 46 L.Ed.2d 169, 177 *417 (1975);

City of Jacksonville v. Florida Fresh Water Corp.

Court: District Court of Appeal of Florida | Date Filed: 1971-05-11

Citation: 247 So. 2d 739, 1971 Fla. App. LEXIS 6721

Snippet: 99; Bob-Lo Excursion Co. v. Michigan, 333 U.S. 28, 37-39, 68 S.Ct. 358, 92 L.Ed. 455. The validity of

Stokes v. Baars

Court: Supreme Court of Florida | Date Filed: 1882-01-15

Citation: 18 Fla. 656

Snippet: 48; Benj. on Sales, §568; Smith’s Lead. Cas., 28, 37; 8 Bing., 124; 7 Ad.,& Ellis, 557; 4 Best & Smith

Watts v. Clardy

Court: Supreme Court of Florida | Date Filed: 1848-01-15

Citation: 2 Fla. 369

Snippet: Story’s Conflict, 402, 409; 4 Wilson and Shaw, 28, 37. Referring to them we find that as early as the

Watts v. Clardy

Court: Supreme Court of Florida | Date Filed: 1848-01-05

Citation: 2 Fla. 369

Snippet: Story's Conflict, 402, 409; 4 Wilson and Shaw, 28, 37. Referring to them we find that as early as the