Fla. Stat. 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.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)(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.

(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.

Source: Section 28.2402 — Cost recovery; use of the circuit court for ordinance or special law violations, https://www.­flsenate.­gov/Laws/Statutes/2024/0028.­2402 (accessed Aug. 7, 2025).

28.01
Bond of circuit court clerks
28.001
Definitions
28.02
Bond of circuit court clerks
28.03
Obligation of sureties
28.04
Justification of sureties
28.05
Surety companies
28.06
Power of clerk to appoint deputies
28.07
Place of office
28.09
Clerk ad interim
28.12
Clerk of the board of county commissioners
28.13
Papers and electronic filings
28.14
Records, judgments, orders, and decrees prior to circuit courts
28.15
Records from superior courts
28.16
Certain records from prior county courts
28.24
Service charges
28.29
Recording of orders and judgments
28.30
Records
28.31
Notice to county commissioners of intent to destroy
28.32
Destruction of certain instruments
28.33
Investment of county funds by the clerk of the circuit court
28.34
Salary discrimination based on gender or race
28.35
Florida Clerks of Court Operations Corporation
28.36
Budget procedure
28.37
Fines, fees, service charges, and costs remitted to the state
28.42
Manual of filing fees, charges, costs, and fines
28.44
Clerk discontinuance of court-related functions
28.45
Provision of financial data to Executive Office of the Governor
28.47
Recording notification service
28.071
Clerk’s seal
28.101
Petitions and records of dissolution of marriage
28.211
Clerk to keep docket
28.212
Minutes of court proceedings
28.213
Disposal of physical evidence filed as exhibits
28.215
Pro se assistance
28.222
Clerk to be county recorder
28.223
Probate records
28.231
Service charges by clerks of courts
28.235
Advance payments by clerk of circuit court
28.241
Filing fees for trial and appellate proceedings
28.242
Service charges retained when case laid in wrong venue
28.243
Personal liability for accepting checks
28.244
Refunds
28.245
Transmittal of funds to Department of Revenue
28.246
Payment of court-related fines or other monetary penalties, fees, charges, and costs
28.345
State access to records
28.2221
Electronic access to official records
28.2222
Public records capital improvement plan
28.2225
Title fraud prevention through identity verification
28.2401
Service charges and filing fees in probate matters
28.2402
Cost recovery
28.2405
Comprehensive Case Information System
28.2457
Mandatory monetary assessments
28.22205
Electronic filing process

Current through Fall 2025

§ 28.2402. Cost recovery; use of the circuit court for ordinance or special law violations's source at flsenate​.gov