CopyCited 2 times | Published | Florida 4th District Court of Appeal
...This, of course, has been accomplished in Section
849.12 of the Florida Statutes (1975). The State further argued that the appellants had no right to petition the trial court for the return of the money, as they did, and should have followed the requirements set forth in Section
116.21, Florida Statutes (1975)....
...ho attempt to use it for criminal activity. The legislature should address itself to such a clearly undesirable assist. DAUKSCH, J., and SCHWARTZ, ALAN R., Associate Judge, concur. NOTES [1] Subparagraphs (1) and (2) of said Statute read as follows: 116.21 Unclaimed bond money; limitation....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...Palm Beach, Florida 33401 Dear Judge Colbath: You ask substantially the following question: Which statute controls the disposition of unclaimed monies held by the clerk of court in light of the seemingly conflicting provisions in sections 43.19 and 116.21 , Florida Statutes? In sum: Section 43.19 , Florida Statutes, controls the disposition of funds that have been deposited into the court registry as a result of an action in which the right to withdraw such funds has been adjudicated or is undisputed. Section 116.21 , Florida Statutes, governs the disposition of all other funds the clerk or the sheriff has collected or deposited in his or her official capacity that remain unclaimed and are not specifically directed to be otherwise disposed of by law....
...al of deposits. . . ." Thus, it would appear that the creation of section
28.33 , Florida Statutes, obviated the need for section 43.17, Florida Statutes, and now serves as the direction for clerks to deposit funds that come into their possession. 2 Section
116.21 , Florida Statutes, authorizes sheriffs and clerks of the court, at their discretion, to pay into the fine and forfeiture fund of their respective counties "any or all unclaimed moneys deposited or collected by them in their official c...
...han one year after it becomes payable or distributable is presumed abandoned and is subject to disposition as unclaimed property pursuant to Chapter 717 , Florida Statutes. While there may be superficial confusion as to the effect sections 43.19 and 116.21 , Florida Statutes, have on unclaimed funds held by the clerk of the court, it is a basic rule of statutory construction that the reconciliation of apparent conflict requires a court to give full effect to all statutory provisions and to harmonize related portions with one another whenever possible....
...Since such funds are readily identifiable by the order directing their deposit, it would appear to simplify their separation from other unclaimed moneys that have been collected or deposited by the sheriff or the clerk of the court in their official capacity under section 116.21 , Florida Statutes....
...Accordingly, it is my opinion that section 43.19 , Florida Statutes, controls the disposition of funds that have been deposited into the court registry as a result of an action in which the right to withdraw such funds has been adjudicated or is undisputed. Section 116.21 , Florida Statutes, governs the disposition of all other funds the clerk or the sheriff has collected or deposited in his or her official capacity that remain unclaimed and are not specifically directed to be disposed of otherwise by law....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...When the public does not request a refund of such an overpayment, is it appropriate for the clerk to remit these funds to the county? SUMMARY: 1. The clerk of court may not refuse to accept money voluntarily paid by the public when such amount is over and above the amount of a lawfully imposed fine. 2. Pursuant to s. 116.21 , F.S., unclaimed moneys deposited or collected by the clerk of the court in his or her official capacity may be paid into the fine and forfeiture fund of the county....
...use to accept such payments. Thus, in the absence of any statutory prohibition, it is my opinion that the clerk of court has no authority to refuse to accept voluntary payments of money made by the public to the county. AS TO QUESTION 2: Pursuant to s. 116.21 (1), F.S., relating to the disposition of unclaimed moneys: The sheriffs and clerks of the courts of the various counties of the state are authorized at their discretion on or before September 25 of each and every year hereafter to pay into...
...time during July in a newspaper of general circulation in the county. Included in the notice shall be a statement that unless such moneys are claimed on or before September 1 after publication they shall be declared forfeited to the county. 6 Thus, s. 116.21 , F.S., authorizes the clerk of court to remit unclaimed moneys which have been paid to him in his official capacity to the county fine and forfeiture fund....
...Said fund shall consist of all fines and forfeitures collected in the county under the penal laws of the state . . . . And see , s.
116.01 , F.S., which provides for the payment of county funds into the county treasury. 5 36A C.J.S. Fines s. 19. 6 Section
116.21 (2), F.S.
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
...933.14 , F.S., to entertain a motion to return property seized pursuant to a search warrant. 9 Unclaimed monies collected by the sheriff's office in its official capacity may be returned to the person claiming an interest in such funds if application is made pursuant to s. 116.21 , F.S., by making a written claim with the sheriff or the clerk of the court of the county having custody of such funds. 10 Section 116.21 , F.S., also governs the disposition of unclaimed monies if no return is sought....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...52 Dear Mr. McIntyre: On behalf of the St. Lucie County Clerk of the Court, you ask substantially the following question: Are moneys held as evidence by the clerk of court considered "unclaimed moneys" that may be forfeited to the county pursuant to section 116.21 , Florida Statutes? In sum: Moneys held as evidence by the clerk of court that have not been claimed are subject to the procedures in section 116.21 , Florida Statutes. Section 116.21 , Florida Statutes, in part, provides: (1) The sheriffs and clerks of the courts of the various counties of the state are authorized at their discretion on or before September 25 of each and every year hereafter to pay into the fine an...
...med moneys came into their hands prior to January 1 of the preceding year and for which moneys claim has not been made. The statute relates to those funds deposited with or collected by the clerk of court in his or her official capacity. Previously, section 116.21 , Florida Statutes (1981), spoke to unclaimed bond and evidence moneys in their hands or custody by virtue of their office as sheriff or clerk, which unclaimed bond and evidence money came into their hands in cases which have been finally disposed of or bonds estreated and no information filed, or defendant bound over and no information filed, or in which no case has been made. (e.s.) The title to the legislation amending section 116.21 , Florida Statutes (1981), reflects its purpose as "conforming provisions relating to the sheriff's disposition of unclaimed moneys from sheriff's sales to general provisions relating to the disposition of unclaimed moneys[.]" 1 The le...
...nclaimed bond money to provide that all unclaimed monies deposited or collected by sheriffs or clerks in their official capacity are paid into the fine and forfeiture fund of their respective counties. 2 There is no indication that the amendments to section 116.21 , Florida Statutes, were meant to alter the character of the moneys to which the statute applies....
...Items of evidence having a monetary value which are designated for removal by the clerk shall be sold and the revenue placed in the clerk's general revenue fund. While the moneys you have referenced are physical evidence that has been placed in the clerk's custody, the more specific provisions in section 116.21 , Florida Statutes, relating to unclaimed moneys that have been collected by the clerk of court would apply to the disposal of such funds. 3 Accordingly, moneys held as evidence by the clerk of court that have not been claimed are subject to the procedures in section 116.21 , Florida Statutes, for the disposal of unclaimed money....
