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.
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9 Be It Enacted by the Legislature of the State of Florida:
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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
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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
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Florida House of Representatives - 1997 HB 937
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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.
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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.
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