CODING: Words stricken are deletions; words underlined are additions.

House Bill 0937

Florida House of Representatives - 1997 HB 937 By Representative Eggelletion 1 A bill to be entitled 2 An act relating to disposition of unclaimed 3 moneys; amending s. 116.21, F.S.; providing 4 that specified unclaimed moneys in the 5 possession of a municipality will be paid into 6 the municipality's fine and forfeiture fund; 7 providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 116.21, Florida Statutes, is 12 amended to read: 13 116.21 Unclaimed moneys; limitation.-- 14 (1) The sheriff sheriffs and clerk clerks of the 15 courts of each county the various counties of the state, and 16 the appropriate officer of each municipality that has 17 municipal detention facilities and that prosecutes through its 18 own municipal prosecutor, are authorized at their discretion 19 on or before September 25 of each and every year hereafter to 20 pay into the fine and forfeiture fund of their county or 21 municipality respective counties any or all unclaimed moneys 22 deposited or collected by them in their official capacity, 23 which unclaimed moneys came into their hands prior to January 24 1 of the preceding year and for which moneys claim has not 25 been made. 26 (2) The sheriff or clerk sheriffs and clerks of the 27 various courts of each county, and the appropriate officer of 28 each municipality, the respective counties may, during the 29 month of July of each year, hereafter make and compile a list 30 of any or all unclaimed moneys that which came into their 31 hands as provided in subsection (1) above. Such compilation 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 937 503-145-97 1 shall list, in addition to the name of the defendant, the 2 respective amounts of such unclaimed moneys. Such list or 3 compilation shall be published one time during the month of 4 July in a newspaper of general circulation in the county 5 served by such sheriff or clerk, or in the municipality, and 6 the notice shall specify that unless such moneys are claimed 7 on or before September 1 after such publication that same 8 shall be declared forfeited to such county or municipality. 9 Proof of such publication shall be made by the publisher of 10 such newspaper and shall be filed and recorded in the minutes 11 of the county commissioners of such county or the governing 12 body of such municipality. 13 (3) Persons having or claiming any interest in such 14 funds or any portion of them shall file their written claims 15 with the sheriff or clerk of the court of the county, or the 16 appropriate officer of the municipality, having custody of 17 such funds within the time specified by the notice and shall 18 make sufficient proof to the sheriff, or clerk, or municipal 19 officer of their ownership and upon so doing shall be entitled 20 to receive any part of the moneys so claimed. Unless claim is 21 filed within such time as aforesaid, all claims in reference 22 thereto are forever barred. 23 (4) The cost of publishing the notices as required by 24 subsection (2) shall be paid by the county commissioners for 25 all unclaimed moneys coming into their hands due to violations 26 of ordinances or misdemeanors within the county, or by the 27 governing body of the municipality for all unclaimed moneys 28 coming into their hands due to violations of municipal 29 ordinances within the territorial jurisdiction of the county 30 court, and the sheriff, or the clerk, or municipal officer 31 shall receive as compensation the regular fee allowed by 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 937 503-145-97 1 statute for the collection of fines, fees, and costs adjudged 2 to the state upon the amounts remitted to the fine and 3 forfeiture fund. Upon such payment to the fine and forfeiture 4 fund, the sheriff, or clerk, or municipal officer shall be 5 released and discharged from any and all further 6 responsibility or liability in connection therewith. 7 Section 2. This act shall take effect upon becoming a 8 law. 9 10 ***************************************** 11 SENATE SUMMARY 12 Provides that unclaimed moneys in the possession of a municipality will be paid into the fine and forfeiture 13 fund of the municipality if they remain unclaimed after a specified period. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3