Florida/Georgia Personal Injury & Workers Compensation

§ 142 reporter's note (Supp.1989). Revised section 142(1) provides that the forum will apply its own

...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 paid for criminal expenses, costs and fees. See § 142.01, Fla....

...In addition to costs and fees, Florida uses criminal fines to fund both its courts and general government operations, but that additional purpose does not make them taxes. 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....

...Florida law therefore requires that payments of fees and costs be retained in various trust funds to generate revenue for court-related functions, and that the excess be remitted to the Florida Department of Revenue to fund other areas of state government. See Fla. Stat. §§ 28.37(3), 213.131, 215.20, 142.01, 960.21. For example, Fla....

...In addition to costs and fees, Florida uses criminal fines to fund both its courts and general government operations, but that additional purpose does not make them taxes. 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....

...Florida law therefore requires that payments of fees and costs be retained in various trust funds to generate revenue for court-related functions, and that the excess be remitted to the Florida Department of Revenue to fund other areas of state government. See Fla. Stat. §§ 28.37(3), 213.131, 215.20, 142.01, 960.21. For example, Fla....

...No authority need be cited for the proposition that the rules of practice and procedure adopted by the Supreme Court take precedence over any conflicting statutes, unless and until such rules should be repealed "by general law enacted by two-thirds vote of the membership of each house of the legislature." Section 142.01 , F.S., provides for a fine and forfeiture fund for each county of the state....

...6.1%, and the county receives a surcharge of $12.50 per violation. As to the clerk specifically, he alleged the clerk “receives the payment of fines for violations of Florida Statute § 316.1895(10); in accordance with Florida Statutes § 318.21, 142.01.” He alleged a claim for unjust enrichment against the clerk seeking “disgorgement of all monies illegally collected and accepted.” The clerk moved to dismiss the amended complaint based on judicial immunity....

...monthly as follows: — (f) Five-tenths percent shall be paid to the clerk of the court for administrative costs.” § 318.21(f), Fla. Stat. (2010). It also provides that if the violation occurred within a municipality, “5.6 percent shall be deposited into the fine and forfeiture trust fund established pursuant to s. 142.01.” Id. § 318.21(g)2. Section 142.01, Florida Statutes, directs the clerk to establish “a separate fund to be known as the fíne and forfeiture fund for use by the clerk of the circuit court in performing court-related functions,” § 142.01, Fla....

...issioners and "shall not be paid until the board of county commissioners shall have approved it and certified thereon that the same is just, correct and reasonable, and that no unnecessary or illegal item is contained therein." Section 939.08 , F.S. Section 142.01 , F.S., establishing a fine and forfeiture fund for each county of the state provides that "[s]aid funds shall be paid out only for criminal expenses, fees, and costs, where the crime was committed in the county and the fees and costs are a legal claim against the county[.]" See, e.g., AGO's 79-24 and 76-183....

collects fines and forfeitures pursuant to section 142.01, Florida Statutes, which are intended to be

Dear Mr. Ellspermann: You have asked for my opinion on substantially the following question: Is the Clerk of Circuit Court authorized to expend funds from the fine and forfeiture fund established by section 142.01 , Florida Statutes, for work performed by county prisoners whether pre- or post-sentence? Section 142.01 , Florida Statutes, provides: "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....

...Prior to its amendment in 2003, this statute provided that funds from the fine and forfeiture fund "shall be paid out only for criminal expenses, fees, and costs, where the crime was committed in the county and the fees and costs are a legal claim against the county, in accordance with the provisions of this chapter." 1 Section 142.01 , Florida Statutes, does not define the term "court-related function." However, the phrase is used extensively in Chapter 28 , Florida Statutes, which sets forth the duties and responsibilities of the clerks of the circuit courts....

...In addition, the payment of prisoners for work performed for the county would not appear to fall within the scope of those "court-related functions" set forth in section 28.35 (4)(a), Florida Statutes, for which the clerk may use fine and forfeiture fund moneys pursuant to section 142.01 , Florida Statutes....

...rk would appear to be related to law enforcement functions and activities rather than the operation of the courts. Therefore, it is my opinion that the clerk of court is not authorized to expend funds from the fine and forfeiture fund established by section 142.01 , Florida Statutes, for work performed by prisoners whether pre- or post-sentencing. Sincerely, Charlie Crist Attorney General CC/tgh 1 See s. 142.01 , Fla....

paid from the county fine and forfeiture fund. Section 142.01, F.S. As such funds are not state funds, a