Florida Statute 35.22 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 35
DISTRICT COURTS OF APPEAL

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F.S. 35.22

35.22 Clerk of district court; assistants; filing fees; teleconferencing.—

(1) The clerk may employ deputies and clerical assistants as may be necessary. Their number and compensation shall be approved by the court, and paid from the annual appropriation for the district courts of appeal.

(2)(a) The clerk, upon the filing of a certified copy of a notice of appeal or petition, shall charge and collect a filing fee of $300 for each case docketed, and service charges as provided in s. 28.24 for copying, certifying or furnishing opinions, records, papers or other instruments and for other services. The state or its agencies, when appearing as appellant or petitioner, is exempt from the filing fee required in this subsection. The clerk shall collect from each attorney appearance pro hac vice a fee of $100 for deposit as provided in this section.

(b) Upon the filing of a notice of cross-appeal, or a notice of joinder or motion to intervene as an appellant, cross-appellant, or petitioner, the clerk shall charge and collect a filing fee of $295. The clerk shall remit the fee to the Department of Revenue for deposit into the General Revenue Fund. The state and its agencies are exempt from the filing fee required by this paragraph.

(3) The opinions of the district court of appeal may not be recorded, but the original as filed shall be preserved with the record in each case.

(4) The clerk may immediately, after a case is disposed of, supply the judge who tried the case and from whose order, judgment, or decree, appeal or other review is taken, a copy of all opinions, orders, or judgments filed in such case. Copies of opinions, orders, and decrees shall be furnished in all cases to each attorney of record and for publication in Florida reports to the authorized publisher without charge, and copies furnished to other law book publishers at one-half the regular statutory fee.

(5) The clerk of each district court of appeal shall deposit all fees collected in the State Treasury to the credit of the General Revenue Fund, except that $50 of each $300 filing fee collected shall be deposited into the State Courts Revenue Trust Fund to fund court operations as authorized in the General Appropriations Act. The clerk shall retain an accounting of each such remittance.

(6) The clerk of the district court of appeal may collect a fee from the parties to an appeal reflecting the actual cost of conducting the proceeding through teleconferencing if the parties have requested that an oral argument or mediation be conducted through teleconferencing. The fee collected for this purpose shall be used to offset the expenses associated with scheduling the teleconference and shall be deposited in the State Courts Revenue Trust Fund.

History.—s. 1, ch. 57-248; s. 1, ch. 73-305; s. 4, ch. 75-124; s. 1, ch. 78-349; s. 2, ch. 85-222; s. 3, ch. 85-249; s. 7, ch. 89-290; s. 1, ch. 93-161; s. 202, ch. 95-147; s. 16, ch. 95-312; s. 35, ch. 2004-265; s. 5, ch. 2006-23; s. 13, ch. 2008-111; s. 18, ch. 2010-162; s. 3, ch. 2011-133; s. 13, ch. 2014-182.

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Amendments to 35.22

Arrestable Offenses / Crimes under Fla. Stat. 35.22

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 35.22.

Annotations, Discussions, Cases:

Cases Citing Statute 35.22

Total Results: 20

Garcia v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-01T00:00:00-07:00

Citation: 170 So. 3d 23, 2015 WL 1955674

Snippet: filed without a filing fee required by section 35.22(3), Florida Statutes (2012). The attorney for

Nutec v. Doleshall

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-19T00:00:00-07:00

Citation: 96 So. 3d 1159, 2012 WL 4121376, 2012 Fla. App. LEXIS 15748

Snippet: mandatory $300 filing fee required by both section 35.22(3), Florida Statutes (2011), and Florida Rule of… responded to this order to show cause. Section 35.22(3)(a), Florida Statutes (2011), requires in mandatory

In Re Amendments to Florida Rules of Appellate Procedure

Court: Fla. | Date Filed: 2009-01-29T00:00:00-08:00

Citation: 1 So. 3d 166, 34 Fla. L. Weekly Supp. 60, 2009 Fla. LEXIS 128, 2009 WL 196416

Snippet: , 13, Laws of Fla. (amending §§ 25.241, 34.041, 35.22, Fla. Stat.). The legislation became effective July

McNeil v. Cox

Court: Fla. | Date Filed: 2008-12-03T23:53:00-08:00

Citation: 997 So. 2d 343

Snippet: are subject to such costs. See, e.g., §§ 34.041, 35.22, Fla. Stat. (2005). Florida's indigency statutes

Lynch v. UNEMPLOYMENT APPEALS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-27T00:53:00-07:00

Citation: 988 So. 2d 25

Snippet: not have to pay a filing fee for an appeal. See § 35.22(3), Fla. Stat. (2007) (waiving filing fees for state

Schmidt v. McDonough

Court: Fla. | Date Filed: 2006-12-20T23:53:00-08:00

Citation: 951 So. 2d 797

Snippet: are subject to such costs. See, e.g., §§ 34.041, 35.22, Fla. Stat. (2005). Both the general indigency statute

Ben-Shmuel v. WIMBISH-RITEWAY, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-12-29T23:53:00-08:00

Citation: 722 So. 2d 955

Snippet: the obligee. Knowles v. Henderson, 156 Fla. 31, 35, 22 So.2d 384, 386 (1945) (citations omitted). Having

Attwood v. STATE EX REL. DEPT. OF CORRECTIONS

Court: Fla. Dist. Ct. App. | Date Filed: 1995-09-13T00:53:00-07:00

Citation: 660 So. 2d 358

Snippet: Rule of Appellate Procedure 9.100(b), and section 35.22(3), Florida Statutes, OR b) show cause why in forma

Martin v. Garrison

Court: Fla. Dist. Ct. App. | Date Filed: 1995-02-01T00:00:00-08:00

Citation: 658 So. 2d 1019, 1995 Fla. App. LEXIS 635, 1995 WL 35964

Snippet: Rule of Appellate Procedure 9.100(b), and section 35.22(3), Florida Statutes, OR b) show cause why in forma

Lowery v. Kaplan

Court: Fla. Dist. Ct. App. | Date Filed: 1995-01-31T23:53:00-08:00

Citation: 650 So. 2d 114

Snippet: Rule of Appellate Procedure 9.100(b), and section 35.22(3), Florida Statutes, OR b) show cause why in forma

In re Oral Argument by Video Teleconference Network

Court: Fla. Dist. Ct. App. | Date Filed: 1994-10-03T00:00:00-07:00

Citation: 648 So. 2d 763, 1994 Fla. App. LEXIS 14839, 1994 WL 750305

Snippet: teleconference for that argument, as provided in section 35.22(7), Fla.Stat. (1993). The fee ■will be taxable as

University of Miami v. Echarte

Court: Fla. Dist. Ct. App. | Date Filed: 1991-06-11T00:53:00-07:00

Citation: 585 So. 2d 293

Snippet: arbitration. Medical Malpractice Recommendations at 35. [22] The Academic Task Force found that "[w]hile

Caldwell v. Estate of McDowell

Court: Fla. | Date Filed: 1987-05-14T00:53:00-07:00

Citation: 507 So. 2d 607

Snippet: Rule of Appellate Procedure 9.110(b) and section 35.22(3), Florida Statutes (1985). The Fifth District

Fields v. Zinman

Court: Fla. Dist. Ct. App. | Date Filed: 1981-03-10T23:53:00-08:00

Citation: 394 So. 2d 1133

Snippet: authorizes waiver of the service charge imposed by § 35.22 Florida Statutes (1979) and other specifically enumerated

Kleinschmidt v. Estate of Kleinschmidt

Court: Fla. Dist. Ct. App. | Date Filed: 1981-01-06T23:53:00-08:00

Citation: 392 So. 2d 66

Snippet: Associate Judge, concurs in judgment only. NOTES [1] § 35.22(3), Fla. Stat. (1979). [2] See also Harrell v.

Chappell v. FLORIDA DEPT. OF HEALTH, ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-12-17T23:53:00-08:00

Citation: 391 So. 2d 358

Snippet: Rule of Appellate Procedure 9.110(b) and section 35.22(3), Florida Statutes (1977). Pursuant to section

Nichols v. FLA. PAROLE & PROB. COMM.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-11-12T23:53:00-08:00

Citation: 393 So. 2d 13

Snippet: relieved of the filing fee otherwise required by § 35.22(3), Florida Statutes, and Rule 9.110(b), Fla.R.App.P

Ago

Court: Fla. Att'y Gen. | Date Filed: 1980-11-03T23:53:00-08:00

Snippet: the appellate courts. AS TO QUESTION 1: Section 35.22(3), F. S., requires the imposition of service charges

McGriff v. McGriff

Court: Fla. Dist. Ct. App. | Date Filed: 1980-10-27T23:53:00-08:00

Citation: 392 So. 2d 914

Snippet: this court a $50 filing fee as required by Section 35.22(3), Florida Statutes (1979), upon a holding that

Latisi v. Florida Parole & Probation Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-01T00:53:00-07:00

Citation: 382 So. 2d 1355

Snippet: payment of a filing fee, this Court must abide by § 35.22(3), Fla. Stat., and Rule 9.110(b), Fla.R.App.P.