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The Florida Senate

2005 Florida Statutes

SECTION 191
Fines and forfeitures; dispositions.
Section 34.191, Florida Statutes 2005

134.191  Fines and forfeitures; dispositions.--

(1)  All fines and forfeitures arising from offenses tried in the county court shall be collected and accounted for by the clerk of the court and, other than the charge provided in s. 318.1215, disbursed in accordance with ss. 28.2402, 34.045, 142.01, and 142.03 and subject to the provisions of s. 28.246(5) and (6). Notwithstanding the provisions of this section, all fines and forfeitures arising from operation of the provisions of s. 318.1215 shall be disbursed in accordance with that section.

(2)  All fines and forfeitures received from violations of municipal ordinances committed within a municipality within the territorial jurisdiction of the county court, other than the charge provided in s. 318.1215, shall be paid monthly to the municipality except as provided in s. 28.2402(2), s. 34.045(2), s. 318.21, or s. 943.25 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.

(3)  All other fines and forfeitures collected by the clerk, other than the charge provided in s. 318.1215, shall be considered income of the office of the clerk for use in performing court-related duties of the office.

History.--ss. 1, 2, ch. 72-70; s. 17, ch. 72-404; s. 3, ch. 80-179; s. 3, ch. 83-215; s. 1, ch. 85-250; s. 1, ch. 85-255; s. 2, ch. 86-154; s. 3, ch. 96-350; s. 2, ch. 98-258; s. 56, ch. 2003-402; s. 34, ch. 2004-265; s. 6, ch. 2005-2; s. 23, 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]."