Florida Statute 116.21 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 116
POWERS AND DUTIES OF OFFICERS

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F.S. 116.21

116.21 Unclaimed moneys; limitation.—

(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 and forfeiture fund of their respective counties, or the fine and forfeiture fund created under s. 142.01, any or all unclaimed moneys deposited or collected by them in their official capacity, which unclaimed moneys came into their hands prior to January 1 of the preceding year and for which moneys claim has not been made. Any unclaimed moneys collected or deposited by the clerk of the circuit court in the course of the clerk’s court-related activities may be processed under this chapter; however, the clerk must pay for the cost of publication of the list of unclaimed court-related funds. Any unclaimed court-related funds collected or deposited by the clerk which remain unclaimed must be deposited into the fine and forfeiture fund established under s. 142.01.

(2) The sheriffs and clerks of the various courts of the respective counties may, during the month of July of each year, hereafter make and compile a list of any or all unclaimed moneys which came into their hands as provided in subsection (1) above. Such compilation shall list, in addition to the name of the defendant, the respective amounts of such unclaimed moneys. Such list or compilation shall be published one time during the month of July in a newspaper of general circulation in the county served by such sheriff or clerk, and the notice shall specify that unless such moneys are claimed on or before September 1 after such publication that same shall be declared forfeited to such county. Proof of such publication shall be made by the publisher of such newspaper and shall be filed and recorded in the minutes of the county commissioners of such county.

(3) Persons having or claiming any interest in such funds or any portion of them shall file their written claims with the sheriff or clerk of the court of the county having custody of such funds within the time specified by the notice and shall make sufficient proof to the sheriff or clerk of their ownership and upon so doing shall be entitled to receive any part of the moneys so claimed. For the purposes of this section, any municipality that has a municipal detention facility and that prosecutes through its own municipal prosecutor shall have a claim against any unclaimed moneys collected due to violations of that municipality’s ordinances within the territorial jurisdiction of the county and for which a claim has not been made by the person entitled to such funds. Unless claim is filed within such time as aforesaid, all claims in reference thereto are forever barred.

(4) Except for the cost of publishing the notice for the clerk’s unclaimed court-related moneys, the cost of publishing the notices as required by subsection (2) shall be paid by the county commissioners, and the sheriff or the clerk shall receive as compensation the regular fee allowed by statute for the collection of fines, fees, and costs adjudged to the state upon the amounts remitted to the fine and forfeiture fund. Upon such payment to the fine and forfeiture fund, the sheriff or clerk shall be released and discharged from any and all further responsibility or liability in connection therewith.

History.—ss. 1, 2, 3, 4, ch. 22050, 1943; s. 8, ch. 82-118; s. 744, ch. 95-147; s. 1, ch. 97-56; s. 40, ch. 2005-236.

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Amendments to 116.21

Arrestable Offenses / Crimes under Fla. Stat. 116.21

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 116.21.

Annotations, Discussions, Cases:

Cases Citing Statute 116.21

Total Results: 8

Liberty Surplus Insurance Corp. v. First Indemnity Insurance Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-03-03

Citation: 31 So. 3d 852, 2010 Fla. App. LEXIS 2540, 2010 WL 711712

Snippet: Co. v. Crosby Insurance, Inc., 124 Cal.App.4th 116, 21 Cal.Rptr.3d 115 (2004), used the same principle

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Court: Florida Attorney General Reports | Date Filed: 1999-10-27

Snippet: seemingly conflicting provisions in sections 43.19 and 116.21, Florida Statutes? In sum: Section 43.19, Florida

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Court: Florida Attorney General Reports | Date Filed: 1995-04-20

Snippet: be forfeited to the county pursuant to section 116.21, Florida Statutes? In sum: Moneys held as evidence

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Court: Florida Attorney General Reports | Date Filed: 1991-10-17

Snippet: amount of a lawfully imposed fine. 2. Pursuant to s. 116.21, F.S., unclaimed moneys deposited or collected

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-11-03

Snippet: such funds if application is made pursuant to s. 116.21, F.S., by making a written claim with the sheriff

Baker v. State

Court: District Court of Appeal of Florida | Date Filed: 1977-03-04

Citation: 343 So. 2d 622

Snippet: followed the requirements set forth in Section 116.21, Florida Statutes (1975).[1] We find no merit to

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Court: Florida Attorney General Reports | Date Filed: 1975-02-19

Snippet: and a municipality has authority pursuant to s. 116.021(1), F.S., to establish any system for investigation

Cornwell v. University of Florida

Court: District Court of Appeal of Florida | Date Filed: 1975-01-23

Citation: 307 So. 2d 203, 1975 Fla. App. LEXIS 14593

Snippet: 1969; and 42 Am.Jur., Public Administration Law, § 116. [21] 143 Fla. 707, 197 So. 495, 1940 [22] 239 So