Florida Statute 34.045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 34
COUNTY COURTS

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F.S. 34.045

34.045 Cost recovery; use of the county court for ordinance or special law violations.—

(1)(a) In lieu of payment of a filing fee under s. 34.041, a filing fee of $10 shall be paid by a county or municipality when filing a violation of a county or municipal ordinance or a violation of a special law in county 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 county 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 county 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 plea or finding of violation or guilt to any count or lesser included offense of the charge or companion case charges, regardless of adjudication. Costs recovered pursuant to this paragraph shall be deposited into the clerk’s fine and forfeiture fund established pursuant to s. 142.01.

(c) If the person does not contest the violation in court or if the county or municipality is the prevailing party, the court shall assess the person or nonprevailing party $10 for the filing fee provided in paragraph (a), which amount shall be forwarded to the county or municipality.

(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 county 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.

History.—s. 33, ch. 2004-265; s. 22, ch. 2005-236.

F.S. 34.045 on Google Scholar

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Amendments to 34.045

Arrestable Offenses / Crimes under Fla. Stat. 34.045

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 34.045.

Annotations, Discussions, Cases:

Cases Citing Statute 34.045

Total Results: 9

Correll v. State

Court: Supreme Court of Florida | Date Filed: 2015-10-02

Citation: 184 So. 3d 478, 40 Fla. L. Weekly Supp. 531, 2015 Fla. LEXIS 2152, 2015 WL 5771838

Snippet: (quoting Helling v. McKinney, 509 U.S. 25, 33, 34-45 [34], 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993)). To

McDade v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-06-07

Citation: 114 So. 3d 465, 2013 WL 2451347, 2013 Fla. App. LEXIS 8996

Snippet: (Harlan, J., concurring); Jardines v. State, 73 So.3d 34, 45 (Fla.2011) (noting that a person has a reasonable

City of Pompano Beach v. Forman

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

Citation: 919 So. 2d 692, 2006 Fla. App. LEXIS 1157, 2006 WL 229902

Snippet: in which they argued section 28.2402 and section 34.045, Florida Statutes, which took effect in 2004, are

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-04-20

Snippet: appropriate municipality as provided in ss. 28.2402, 34.045, 316.660, and318.21); s. 34.191, Fla. Stat. And

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-09-24

Snippet: 1215, disbursed in accordance with ss. 28.2402, 34.045, 142.01, and 142.13 and subject to the provisions

Lawrence v. State

Court: Supreme Court of Florida | Date Filed: 2002-10-17

Citation: 831 So. 2d 121, 2002 WL 31317967

Snippet: first subclaim. See Sireci v. State, 773 So.2d 34, 45 (Fla. 2000) (finding that the summary denial was

Jackson v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-12-26

Citation: 572 So. 2d 1000, 1990 Fla. App. LEXIS 9634, 1990 WL 212139

Snippet: California, 422 U.S. 806, 820-21, 95 S.Ct. 2525, 2533-34, 45 L.Ed.2d 562, 573-74 (1975). As this court stated

Shepard v. Thames

Court: Supreme Court of Florida | Date Filed: 1971-07-12

Citation: 251 So. 2d 265, 1971 Fla. LEXIS 3470

Snippet: “WHEREAS, all fees for services in chapters 28, 33, 34, 45, 222, 298, 372, 462, 696, 703, 924 and other chapters

Boynton v. State Ex Rel. Mincer

Court: Supreme Court of Florida | Date Filed: 1954-10-22

Citation: 75 So. 2d 211

Snippet: 88 L.Ed. 1408; McCarthy v. Arndstein, 266 U.S. 34, 45 S.Ct. 16, 69 L.Ed. 158; Brown v. Walker, 161 U