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2003 Florida Statutes
Service charges by clerk of the circuit court.
128.24 Service charges by clerk of the circuit court.--The clerk of the circuit court shall make the following charges for services rendered by the clerk's office in recording documents and instruments and in performing the duties enumerated. However, in those counties where the clerk's office operates as a fiscal unit of the county pursuant to s. 145.022(1), the clerk shall not charge the county for such services.
Charges
(1) For court attendance by each clerk or deputy clerk, per day ............ $75.00
(2) For court minutes, per page ............ 5.00
(3) For examining, comparing, correcting, verifying, and certifying transcripts of record in appellate proceedings, prepared by attorney for appellant or someone else other than clerk, per page ............ 3.00
(4) For preparing, numbering, and indexing an original record of appellate proceedings, per instrument ............ 2.00
(5) For certifying copies of any instrument in the public records ............ 1.00
(6) For verifying any instrument presented for certification prepared by someone other than clerk, per page ............ 2.00
(7) For making and reporting payrolls of jurors to Chief Financial Officer, per page, per copy ............ 5.00
(8)(a) For making copies by photographic process of any instrument in the public records consisting of pages of not more than 14 inches by 81/2 inches, per page ............ 1.00
(b) For making copies by photographic process of any instrument in the public records of more than 14 inches by 81/2 inches, per page ............ 5.00
(9) For making microfilm copies of any public records:
(a) 16 mm 100' microfilm roll ............ 25.00
(b) 35 mm 100' microfilm roll ............ 35.00
(c) Microfiche, per fiche ............ 2.00
(10) For copying any instrument in the public records by other than photographic process, per page ............ 4.00
(11) For writing any paper other than herein specifically mentioned, same as for copying, including signing and sealing ............ 4.00
(12) For indexing each entry not recorded ............ 1.00
(13) For receiving money into the registry of court:
(a)1. First $500, percent ............ 2
2. Each subsequent $100, percent ............ 1
(b) Eminent domain actions, per deposit ............ $100.00
(14) For examining, certifying, and recording plats and for recording condominium exhibits larger than 14 inches by 81/2 inches:
(a) First page ............ 30.00
(b) Each additional page ............ 15.00
(15) For recording, indexing, and filing any instrument not more than 14 inches by 81/2 inches, including required notice to property appraiser where applicable:
(a) First page or fraction thereof ............ 5.00
(b) Each additional page or fraction thereof ............ 4.00
(c) For indexing instruments recorded in the official records which contain more than four names, per additional name ............ 1.00
(d) An additional service charge shall be paid to the clerk of the circuit court to be deposited in the Public Records Modernization Trust Fund for each instrument listed in s. 28.222, except judgments received from the courts and notices of lis pendens, recorded in the official records:
1. First page ............ 1.00
2. Each additional page ............ 0.50
Said fund shall be held in trust by the clerk and used exclusively for equipment and maintenance of equipment, personnel training, and technical assistance in modernizing the public records system of the office. In a county where the duty of maintaining official records exists in an office other than the office of the clerk of the circuit court, the clerk of the circuit court is entitled to 25 percent of the moneys deposited into the trust fund for equipment, maintenance of equipment, training, and technical assistance in modernizing the system for storing records in the office of the clerk of the circuit court. The fund may not be used for the payment of travel expenses, membership dues, bank charges, staff-recruitment costs, salaries or benefits of employees, construction costs, general operating expenses, or other costs not directly related to obtaining and maintaining equipment for public records systems or for the purchase of furniture or office supplies and equipment not related to the storage of records. On or before December 1, 1995, and on or before December 1 of each year immediately preceding each year during which the trust fund is scheduled for legislative review under s. 19(f)(2), Art. III of the State Constitution, each clerk of the circuit court shall file a report on the Public Records Modernization Trust Fund with the President of the Senate and the Speaker of the House of Representatives. The report must itemize each expenditure made from the trust fund since the last report was filed; each obligation payable from the trust fund on that date; and the percentage of funds expended for each of the following: equipment, maintenance of equipment, personnel training, and technical assistance. The report must indicate the nature of the system each clerk uses to store, maintain, and retrieve public records and the degree to which the system has been upgraded since the creation of the trust fund.
(16) Oath, administering, attesting, and sealing, not otherwise provided for herein ............ 2.00
(17) For validating certificates, any authorized bonds, each ............ 2.00
(18) For preparing affidavit of domicile ............ 5.00
(19) For exemplified certificates, including signing and sealing ............ 4.00
(20) For authenticated certificates, including signing and sealing ............ 4.00
(21)(a) For issuing and filing a subpoena for a witness, not otherwise provided for herein (includes writing, preparing, signing, and sealing) ............ 4.00
(b) For signing and sealing only ............ 1.00
(22) For issuing venire facias (includes writing, preparing, signing, and sealing) ............ 5.00
(23) For paying of witnesses and making and reporting payroll to Chief Financial Officer, per copy, per page ............ 5.00
(24) For approving bond ............ 5.00
(25) For searching of records, for each year's search ............ 1.00
(26) For processing an application for a tax deed sale (includes application, sale, issuance, and preparation of tax deed, and disbursement of proceeds of sale), other than excess proceeds ............ 60.00
(27) For disbursement of excess proceeds of tax deed sale, first $100 or fraction thereof ............ 10.00
(28) Upon receipt of an application for a marriage license, for preparing and administering of oath; issuing, sealing, and recording of the marriage license; and providing a certified copy ............ 20.00
(29) For solemnizing matrimony ............ 20.00
(30) For sealing any court file or expungement of any record ............ 25.00
(31) For receiving and disbursing all restitution payments, per payment ............ 2.00
(32) Postal charges incurred by the clerk of the circuit court in any mailing by certified or registered mail shall be paid by the party at whose instance the mailing is made.
(33) For furnishing an electronic copy of information contained in a computer database: a fee as provided for in chapter 119.
History.--s. 1, ch. 3106, 1879; RS 1394; GS 1839; RGS 3084; ss. 1, 2, ch. 11893, 1927; CGL 4867; s. 2, ch. 29749, 1955; s. 1, ch. 63-45; s. 5, ch. 70-134; s. 1, ch. 77-284; s. 1, ch. 78-367; s. 1, ch. 79-266; s. 12, ch. 79-400; s. 1, ch. 82-205; s. 35, ch. 85-180; s. 2, ch. 85-249; s. 22, ch. 87-95; s. 2, ch. 87-145; s. 1, ch. 88-176; s. 1, ch. 92-200; ss. 5, 13, ch. 94-348; s. 5, ch. 95-214; s. 2, ch. 2000-144; s. 90, ch. 2003-261; s. 28, ch. 2003-402.
1Note.--Section 28, ch. 2003-402, amended s. 28.24, effective July 1, 2004, to read:
28.24 Service charges by clerk of the circuit court.--The clerk of the circuit court may charge for services rendered by the clerk's office in recording documents and instruments and in performing the duties enumerated in amounts not to exceed those specified in this section. Notwithstanding any other provision of this section, the clerk of the circuit court shall provide without charge to any justice or judge, to any court staff acting on behalf of any justice or judge, and to any state attorney or public defender access to and copies of any public records, notwithstanding the exempt or confidential nature of such public records, as maintained by and in the custody of the clerk of the circuit court as provided in general law and the Florida Rules of Judicial Administration.
Charges
(1) For examining, comparing, correcting, verifying, and certifying transcripts of record in appellate proceedings, prepared by attorney for appellant or someone else other than clerk per page ............ 4.50
(2) For preparing, numbering, and indexing an original record of appellate proceedings, per instrument ............ 3.00
(3) For certifying copies of any instrument in the public records ............ 1.50
(4) For verifying any instrument presented for certification prepared by someone other than clerk, per page ............ 3.00
(5)(a) For making copies by photographic process of any instrument in the public records consisting of pages of not more than 14 inches by 81/2 inches, per page ............ 1.00
(b) For making copies by photographic process of any instrument in the public records of more than 14 inches by 81/2 inches, per page ............ 5.00
(6) For making microfilm copies of any public records:
(a) 16 mm 100' microfilm roll ............ 37.50
(b) 35 mm 100' microfilm roll ............ 52.50
(c) Microfiche, per fiche ............ 3.00
(7) For copying any instrument in the public records by other than photographic process, per page ............ 6.00
(8) For writing any paper other than herein specifically mentioned, same as for copying, including signing and sealing ............ 6.00
(9) For indexing each entry not recorded ............ 1.00
(10) For receiving money into the registry of court:
(a)1. First $500, percent ............ 3
2. Each subsequent $100, percent ............ 1.5
(b) Eminent domain actions, per deposit ............ $150.00
(11) For examining, certifying, and recording plats and for recording condominium exhibits larger than 14 inches by 81/2 inches:
(a) First page ............ 30.00
(b) Each additional page ............ 15.00
(12) For recording, indexing, and filing any instrument not more than 14 inches by 81/2 inches, including required notice to property appraiser where applicable:
(a) First page or fraction thereof ............ 5.00
(b) Each additional page or fraction thereof ............ 4.00
(c) For indexing instruments recorded in the official records which contain more than four names, per additional name ............ 1.00
(d) An additional service charge shall be paid to the clerk of the circuit court to be deposited in the Public Records Modernization Trust Fund for each instrument listed in s. 28.222, except judgments received from the courts and notices of lis pendens, recorded in the official records:
1. First page ............ 1.00
2. Each additional page ............ 0.50
Said fund shall be held in trust by the clerk and used exclusively for equipment and maintenance of equipment, personnel training, and technical assistance in modernizing the public records system of the office. In a county where the duty of maintaining official records exists in an office other than the office of the clerk of the circuit court, the clerk of the circuit court is entitled to 25 percent of the moneys deposited into the trust fund for equipment, maintenance of equipment, training, and technical assistance in modernizing the system for storing records in the office of the clerk of the circuit court. The fund may not be used for the payment of travel expenses, membership dues, bank charges, staff-recruitment costs, salaries or benefits of employees, construction costs, general operating expenses, or other costs not directly related to obtaining and maintaining equipment for public records systems or for the purchase of furniture or office supplies and equipment not related to the storage of records. On or before December 1, 1995, and on or before December 1 of each year immediately preceding each year during which the trust fund is scheduled for legislative review under s. 19(f)(2), Art. III of the State Constitution, each clerk of the circuit court shall file a report on the Public Records Modernization Trust Fund with the President of the Senate and the Speaker of the House of Representatives. The report must itemize each expenditure made from the trust fund since the last report was filed; each obligation payable from the trust fund on that date; and the percentage of funds expended for each of the following: equipment, maintenance of equipment, personnel training, and technical assistance. The report must indicate the nature of the system each clerk uses to store, maintain, and retrieve public records and the degree to which the system has been upgraded since the creation of the trust fund.
(13) Oath, administering, attesting, and sealing, not otherwise provided for herein ............ 3.00
(14) For validating certificates, any authorized bonds, each ............ 3.00
(15) For preparing affidavit of domicile ............ 5.00
(16) For exemplified certificates, including signing and sealing ............ 6.00
(17) For authenticated certificates, including signing and sealing ............ 6.00
(18)(a) For issuing and filing a subpoena for a witness, not otherwise provided for herein (includes writing, preparing, signing, and sealing) ............ 6.00
(b) For signing and sealing only ............ 1.50
(19) For approving bond ............ 7.50
(20) For searching of records, for each year's search ............ 1.50
(21) For processing an application for a tax deed sale (includes application, sale, issuance, and preparation of tax deed, and disbursement of proceeds of sale), other than excess proceeds ............ 60.00
(22) For disbursement of excess proceeds of tax deed sale, first $100 or fraction thereof ............ 10.00
(23) Upon receipt of an application for a marriage license, for preparing and administering of oath; issuing, sealing, and recording of the marriage license; and providing a certified copy ............ 30.00
(24) For solemnizing matrimony ............ 30.00
(25) For sealing any court file or expungement of any record ............ 37.50
(26) For receiving and disbursing all restitution payments, per payment ............ 3.00
(27) Postal charges incurred by the clerk of the circuit court in any mailing by certified or registered mail shall be paid by the party at whose instance the mailing is made.
(28) For furnishing an electronic copy of information contained in a computer database: a fee as provided for in chapter 119.