Florida Statute 215.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 215
FINANCIAL MATTERS: GENERAL PROVISIONS

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F.S. 215.08

215.08 Delinquent collectors to be reported to state attorney.—The Department of Revenue, the county court judge, the chair of the board of county commissioners and the members of the said board representing the same, after sufficient time has expired to receive the reports required of the tax collector by law and they have not received them, or if the collector has failed to turn over money collected to either the proper state or county officer as provided by law, shall report the same to the state attorney of the circuit in which the collector resides; and the state attorney shall institute such proper proceedings, both civil and criminal, as are authorized by law; and the said state attorney shall, in case the said defaulting tax collector shall either attempt to collect taxes or perform any other act prohibited by law, or shall fail or refuse to deliver all the official tax rolls and books, with the statement required by law, to his or her successor or the person appointed by the Governor to perform the duties appertaining to the office of the collector of any county in lieu of any such defaulting collector, apply in a summary way, by petition to the circuit court or to the judge thereof in vacation, of the proper county, for an order prohibiting and enjoining in the one case such defaulting collector from collecting or attempting to collect taxes, or performing any other act prohibited to him or her by law, and requiring the defaulting collector in the other case to deliver to his or her successor, or to the person appointed by the Governor to perform his or her duties as aforesaid, all the official tax rolls and books, with the statement required by law; and the said court or judge in vacation may make such order and compel the performance of, or obedience to, such order by attachment and punishment as for a contempt of court.

History.—s. 3, ch. 1977, 1874; RS 411; GS 603; RGS 1038; CGL 1349; ss. 21, 35, ch. 69-106; s. 20, ch. 73-334; s. 1140, ch. 95-147.

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Amendments to 215.08

Arrestable Offenses / Crimes under Fla. Stat. 215.08

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 215.08.

Annotations, Discussions, Cases:

Cases Citing Statute 215.08

Total Results: 3

In re Standard Jury Instructions in Criminal Cases—Report No. 2011-03

Court: Supreme Court of Florida | Date Filed: 2012-05-17

Citation: 95 So. 3d 868, 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961

Snippet: and provide a special verdict. See Fla. Stat. 775.215(8)(b). If you find the defendant guilty of Unlawful

K.T.E. v. Lofthiem

Court: District Court of Appeal of Florida | Date Filed: 2005-12-09

Citation: 915 So. 2d 767, 2005 Fla. App. LEXIS 19301, 2005 WL 3338081

Snippet: detention to secure detention. K.T.E. cited section 985.215(8), Florida Statutes (2004), for the proposition that

Barkap, Inc. v. Department of Business & Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 1999-04-09

Citation: 728 So. 2d 1241, 1999 Fla. App. LEXIS 4568, 1999 WL 193370

Snippet: premises. The devices are required by section 509.215(8), Florida Statutes.1 After the third warning, DPR