- Florida Statutes Definitions Index (2022) [PDF]
- General Laws Conversion Table (2022) [PDF]
- Preface to the Florida Statutes (2022) [PDF]
- Table of Section Changes (2022) [PDF]
- Table Tracing Session Laws to Florida Statutes (2022) [PDF]
- Index to Special and Local Laws (1971-2022) [PDF]
- Index to Special and Local Laws (1845-1970) [PDF]
- Statute Search Tips
2005 Florida Statutes
Cost recovery; use of the circuit court for ordinance or special law violations.
28.2402 Cost recovery; use of the circuit court for ordinance or special law violations.--
(1)(a) In lieu of payment of a filing fee under s. 28.241, a filing fee of $10 shall be paid by a county or municipality when filing a county or municipal ordinance violation or violation of a special law in circuit court. This fee shall be paid to the clerk of the court for performing court-related functions. A county or municipality is not required to pay more than one filing fee for a single filing against a single defendant that contains multiple alleged violations. A filing fee, other than that imposed under this section, may not be assessed for initiating an enforcement proceeding in circuit court for a violation of a county or municipal code or ordinance or a violation of a special law. The filing fee shall not apply to instances in which a county or municipality has contracted with the state, or has been delegated by the state, responsibility for enforcing state operations, policies, or requirements under s. 125.69, s. 166.0415, or chapter 162.
(b) No other filing fee may be assessed for filing the violation in circuit court. If a person contests the violation in court, the court shall assess $40 in costs against the nonprevailing party. The county or municipality shall be considered the prevailing party when there is a finding of violation to any count or lesser included offense of the charge. Costs recovered pursuant to this paragraph shall be deposited into the clerk's fine and forfeiture fund established pursuant to s. 142.01
1(2) To offset costs incurred by the clerks of the court in performing court-related functions associated with the processing of violations of special laws and municipal ordinances, 10 percent of the total amount of fines paid to each municipality for special law or ordinance violations filed in circuit court shall be retained by the clerk of the court for deposit into the clerk's fine and forfeiture fund established pursuant to s. 142.01, except for fines a portion of which the clerk of the court retains pursuant to any other provision of state law. A municipality does not include the unincorporated areas, if any, of a government created pursuant to s. 6(e), Art. VIII of the State Constitution.
History.--s. 30, ch. 2003-402; s. 18, ch. 2004-265; s. 7, ch. 2005-236.
1Note.--Section 68, ch. 2005-236, provides that "[i]t is the intent of the Legislature that the amendments made by this act to ss. 28.2402(2), 34.191, and 318.21, Florida Statutes, are remedial. It is the further intent of the Legislature that fines and forfeitures or civil penalties arising from offenses or violations committed or occurring within an unincorporated area of a government created pursuant to Section 6(e), Article VIII of the State Constitution be paid or deposited for fiscal year 2004-2005 as provided in ss. 28.2402, 34.191, and 318.21, Florida Statutes, as those sections are amended by this act. This section shall take effect [June 14, 2005]."