Florida Statutes

Fla. Stat. § 35.22 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 16 cases, 1960–2015 · leading case: Chappell v. Florida Dept. of Health, Etc., 391 So. 2d 358 (Fla. 5th DCA 1980).

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Chappell v. Florida Dept. of Health, Etc., 391 So. 2d 358 (Fla. 5th DCA 1980). · cites it 2× “110(b) and section 35.22(3), Florida Statutes (1977).”

Lynch v. Unemployment Appeals Com'n, 988 So. 2d 25 (Fla. 2d DCA 2008). · cites it 2× “See § 35.22(3), Fla. Stat. (2007) (waiving filing fees for state agencies when they appear as appellant or petitioner).”

Caldwell v. Est. of McDowell, 507 So. 2d 607 (Fla. 1987). · cites it 2× “110(b) and section 35.22(3), Florida Statutes (1985).”

Latisi v. Florida Parole & Prob. Comm'n, 382 So. 2d 1355 (Fla. 1st DCA 1980). · cites it 2× “] Until the Legislature exempts cases such as this one from payment of a filing fee, this Court must abide by § 35.22(3), Fla. Stat., and Rule 9.110(b), Fla.”

Kleinschmidt v. Est. of Kleinschmidt, 392 So. 2d 66 (Fla. 3d DCA 1981). · cites it 2× “NOTES [1] § 35.22(3), Fla. Stat. (1979). [2] See also Harrell v.”

Attwood v. State Ex Rel. Dept. of Corr., 660 So. 2d 358 (Fla. 4th DCA 1995). · cites it 2× “22(3), Florida Statutes, OR b) show cause why in forma pauperis status should not be denied in light of the appellant's past pattern and practice of filing frivolous extraordinary writs and appeals and in light of the frivolous nature of this appeal and petitions; additionally,…”

McGriff v. McGriff, 392 So. 2d 914 (Fla. 3d DCA 1980). · cites it 2× “The appeal in this cause shall stand dismissed unless the appellant within ten days of this order files with the clerk of this court a filing fee as required by Section 35.22(3), Florida Statutes (1979), upon a holding that: (a) Section 57.”

Fields v. Zinman, 394 So. 2d 1133 (Fla. 4th DCA 1981). “081 Florida Statutes (1979), authorizes waiver of the service charge imposed by § 35.22 Florida Statutes (1979) and other specifically enumerated costs under appropriate circumstances.”

Garcia v. State, 170 So. 3d 23 (Fla. 2d DCA 2015). · cites it 2× “In the third order, we stated: This appeal has been filed without a filing fee required by section 35.22(3), Florida Statutes (2012).”

Lowery v. Kaplan, 650 So. 2d 114 (Fla. 4th DCA 1995). · cites it 2× “100(b), and section 35.22(3), Florida Statutes, OR b) show cause why in forma pauperis status should not be denied in light of the petitioner's past pattern and practice of filing frivolous extraordinary writs and appeals and in light of the frivolous nature of this petition;…”

Martin v. Garrison, 658 So. 2d 1019 (Fla. 4th DCA 1995). · cites it 2× “100(b), and section 35.22(3), Florida Statutes, OR b) show cause why in forma pauperis status should not be denied in light of the petitioner’s past pattern and practice of filing frivolous extraordinary writs and appeals and in light of the frivolous nature of this petition.”

Nichols v. Fla. Parole & Prob. Comm., 393 So. 2d 13 (Fla. 1st DCA 1980). “This cause is before us upon petitioner's pro se motion to be relieved of the filing fee otherwise required by § 35.22(3), Florida Statutes, and Rule 9.”

Show all 16 citing cases →

— 35.22(3) — 13 cases

Chappell v. Florida Dept. of Health, Etc., 391 So. 2d 358 (Fla. 5th DCA 1980). “110(b) and section 35.22(3), Florida Statutes (1977).”

Lynch v. Unemployment Appeals Com'n, 988 So. 2d 25 (Fla. 2d DCA 2008). “See § 35.22(3), Fla. Stat. (2007) (waiving filing fees for state agencies when they appear as appellant or petitioner).”

Caldwell v. Est. of McDowell, 507 So. 2d 607 (Fla. 1987). “110(b) and section 35.22(3), Florida Statutes (1985).”

Latisi v. Florida Parole & Prob. Comm'n, 382 So. 2d 1355 (Fla. 1st DCA 1980). “] Until the Legislature exempts cases such as this one from payment of a filing fee, this Court must abide by § 35.22(3), Fla. Stat., and Rule 9.110(b), Fla.”

Kleinschmidt v. Est. of Kleinschmidt, 392 So. 2d 66 (Fla. 3d DCA 1981). “NOTES [1] § 35.22(3), Fla. Stat. (1979). [2] See also Harrell v.”

— 35.22(3)(a) — 1 case

Nutec v. Doleshall, 96 So. 3d 1159 (Fla. 1st DCA 2012).

— 35.22(7) — 1 case

In re Oral Argument by Video Teleconference Network, 648 So. 2d 763 (Fla. 2d DCA 1994).

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