Florida Statutes

Fla. Stat. § 142.01 (2025)

Fine and forfeiture fund; disposition of revenue; clerk of the circuit court.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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142.01 Fine and forfeiture fund; disposition of revenue; clerk of the circuit court.—

(1)(a) There shall be established by the clerk of the circuit court in each county of this state a separate fund to be known as the fine and forfeiture fund for use by the clerk of the circuit court in performing court-related functions. The fund shall consist of the following:

1. Fines and penalties pursuant to ss. 28.2402(2), 34.045(2), 316.193, 327.35, 327.72, 379.2203(1), and 775.083(1).

2. That portion of civil penalties directed to this fund pursuant to s. 318.21.

3. Court costs pursuant to ss. 28.2402(1)(b), 34.045(1)(b), 318.14(10)(b), 318.18(12)(a), 327.73(9)(a) and (11)(a), and 938.05(3).

4. Proceeds from forfeited bail bonds, unclaimed bonds, unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a), 379.2203(1), and 903.26(3)(a).

5. Fines and forfeitures pursuant to s. 34.191.

6. Filing fees received pursuant to ss. 28.241 and 34.041, unless the disposition of such fees is otherwise required by law.

7. All other revenues received by the clerk as revenue authorized by law to be retained by the clerk.

(b) The clerk of the circuit court in each county may invest funds held in the fine and forfeiture fund as provided in paragraph (a) in an interest-bearing account.

(2) Interest earned in the fine and forfeiture fund must be deposited into the Public Records Modernization Trust Fund to be used exclusively for additional court-related operations and enhancements.

(3) Notwithstanding this section, all fines and forfeitures arising from operation of s. 318.1215 shall be disbursed in accordance with that section.

History.—s. 1, ch. 4323, 1895; s. 1, ch. 4672, 1899; GS 961; RGS 1774; CGL 2825; s. 2, ch. 77-452; s. 1, ch. 82-107; s. 6, ch. 88-381; s. 2, ch. 90-111; s. 1, ch. 94-107; s. 31, ch. 97-271; s. 81, ch. 2003-402; s. 54, ch. 2004-265; s. 42, ch. 2005-236; s. 185, ch. 2008-247; s. 12, ch. 2009-204; s. 12, ch. 2013-44; s. 22, ch. 2024-57; s. 8, ch. 2024-153.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1983–2024 · leading case: Robert Zoba v. The City of Coral Springs, 189 So. 3d 888 (Fla. 4th DCA 2016).

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Robert Zoba v. The City of Coral Springs, 189 So. 3d 888 (Fla. 4th DCA 2016). · cites it 8× “” § 142.01, Fla. Stat. (2010). These statutes and rules read together support the clerk’s argument that his collection, apportionment, and disbursement of traffic fines is part and parcel of the overall judicial process.”

Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). “§§ 142.01, .03, Fla. Stat. (1991). Both the clerk of circuit court and the Department of Corrections may be ordered to collect and dispense restitution payments.”

Kelvin Leon Jones v. Governor of Florida, 975 F.3d 1016 (11th Cir. 2020). “See 35 Case: 20-12003 Date Filed: 09/11/2020 Page: 36 of 200 Fla. Stat. § 142.01 (1) (establishing the “fine and forfeiture fund” for use “in performing court-related functions”); id.”

Nash v. State, 434 So. 2d 33 (Fla. 2d DCA 1983). · cites it 2× “However, with respect to the ,000 fine, appellant, who had been adjudicated insolvent prior to trial, argues that the court, by imposing the fine, improperly assessed him *34 with court costs and attorney fees in that proceeds from a county's fine and forfeiture fund are to be…”

Miami-Dade Cnty. v. State, 754 So. 2d 115 (Fla. 3d DCA 2000). · cites it 2× “The State also points out that the County collects fines and forfeitures pursuant to section 142.01, Florida Statutes, which are intended to be used for just this type of expense.”

Warner v. Hillsborough Cnty. Clerk of Courts (M.D. Fla. 2024). · cites it 4× “at § 142.01. The fund consists of “revenues received by the clerk as revenue authorized by law to be retained by the clerk,” among other things.”

Kelvin Leon Jones v. Governor of Florida (11th Cir. 2020). “See 35 Case: 20-12003 Date Filed: 09/11/2020 Page: 36 of 200 Fla. Stat. § 142.01 (1) (establishing the “fine and forfeiture fund” for use “in performing court-related functions”); id.”

— 142.01(1)(g) — 1 case

Warner v. Hillsborough Cnty. Clerk of Courts (M.D. Fla. 2024). “at § 142.01. The fund consists of “revenues received by the clerk as revenue authorized by law to be retained by the clerk,” among other things.”

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