CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...Henderson: As Chairman of the Suwannee County Commission and Clerk of Court for Suwannee County, you have both asked for my opinion on substantially the following question: Is the Clerk of Court required to charge the county for services provided under sections
28.24 ,
28.241 ,
34.041 ,
34.171 , and 43.28, Florida Statutes, when the clerk operates as a fee officer? In sum: As a fee officer, the Clerk of Court for Suwannee County is required to charge the county for services provided under sections
28.24 ,
28.241 ,
34.041 , and 43.28, Florida Statutes. To the extent the Clerk of Court seeks payment for expenses under section
34.171 , Florida Statutes, the state is primarily responsible for these charges and the county may only be charged if state funds are not available....
...alid obligations of the board. While this audit resolved the issue of payment on the majority of contested charges, questions remain about whether the clerk may validly charge the county for services rendered under sections
28.24 ,
28.241 ,
34.041 ,
34.171 , and 43.28, Florida Statutes....
...fficer is authorized to make and retain service charges for criminal cases filed in circuit court, the exception provided in section
34.041 (3), Florida Statutes, would prohibit the collection and retention of fees in county criminal court cases. 12 Section
34.171 , Florida Statutes Section
34.171 , Florida Statutes, requires that: "Unless the state shall pay such expenses, the county shall pay all reasonable salaries of bailiffs, secretaries, and assistants of the circuit and county courts and all reasonable expenses of the off...
...ses incurred by a county judge in defending charges pending before the Judicial Qualifications Commission. The opinion concluded that, as a county judge is a state officer, reimbursement for such expenses should be sought from the state. Thus, under section 34.171 , Florida Statutes, it is primarily the state's responsibility to pay the circuit and county court personnel expenses, but in a case where no state funds are forthcoming, the county is responsible for making such payment. Section 43.28, Florida Statutes This statutory section is the complement to section 34.171 , Florida Statutes, above: "The counties shall provide appropriate courtrooms, facilities, equipment, and, unless provided by the state, personnel necessary to operate the circuit and county courts." However, this section addresses the provision of facilities for the operation of circuit and county courts while section 34.171 , Florida Statutes, relates to personnel....
...egal counsel. 14 Thus, it is the responsibility of the counties to provide facilities and equipment for the operation of both circuit and county courts while the state is primarily responsible for charges relating to personnel under this section and 34.171 , Florida Statutes....
...In sum, it is my opinion that, as a fee officer, the Clerk of Court for Suwannee County is required to charge the county for services provided under sections
28.24 ,
28.241 ,
34.041 , and 43.28, Florida Statutes. To the extent the Clerk of Court seeks payment for expenses under section
34.171 , Florida Statutes, the state is primarily responsible and the county may only be charged if state funds are not available....
