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Florida Statutes, Title V

Florida/Statutes

← All Florida coverage

Title V, Judicial Branch

13 chapters · 458 sections in this title.

All chapters in Title V458 Ch 39, Proceedings Relating to Children136 Ch 27, State Attorneys; Public Defenders; R…70 Ch 28, Clerks of the Circuit Courts52 Ch 30, Sheriffs43 Ch 25, Supreme Court26 Ch 40, Juries; Payment of Jurors and Due Pr…24 Ch 29, Court System Funding20 Ch 35, District Courts of Appeal19 Ch 34, County Courts17 Ch 44, Mediation Alternatives to Judicial A…15 Ch 38, Judges: General Provisions13 Ch 43, Courts: General Provisions12 Ch 26, Circuit Courts11

458 sections·Filtered byTitle V✕

Fla. Stat. § 30.20 False return
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For every false return, the sheriff shall forfeit and pay $500, one moiety thereof to the party aggrieved, and the other moiety to him or her who will sue for the same, to be recovered with costs by action of debt; and the said sheriff shall be further liable to an action of the …
Fla. Stat. § 30.21 Failure to pay over money
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If any sheriff fails to collect or pay over fines, fees, costs, or other moneys adjudged to the state which he or she has been by proper process directed to collect, the sheriff forfeits his or her commissions and also is liable for a fine of $50, to be recovered by motion before…
Fla. Stat. § 30.22 When sheriff may accept service
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Sheriffs, when sued in their official capacity, may accept service, and when so sued with others may serve their codefendants and receive the fees allowed by law, except no fees shall be allowed for acceptance of service.History.—s. 1, ch. 4411, 1895; GS 1674; RGS 2879; CGL 4576;…
Fla. Stat. § 30.231 Sheriffs’ fees for service of summons, subpoenas, and executions
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(1) The sheriffs of all counties of the state in civil cases shall charge fixed, nonrefundable fees for service of process, according to the following schedule:(a) All summons or writs except executions: $40 for each summons or writ to be served.(b) All writs except executions re…

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Fla. Stat. § 30.24 Transportation and return of prisoners

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(1) The sheriff of any county of the state, when required to go beyond the limits of this state to bring back a prisoner charged with any offense or who has been convicted of any crime in this state and has escaped, shall receive the actual and necessary expense on account of ret…

Fla. Stat. § 30.27 Constructive mileage not to be charged

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No sheriff or coroner shall charge constructive mileage. The mileage charged for must be actually traveled by the nearest and most direct route by the public highway.History.—s. 2, ch. 3106, 1879; RS 1256; GS 1684; RGS 2894; CGL 4592; s. 4, ch. 73-334.

Fla. Stat. § 30.29 Sheriffs may furnish vital war industries guard service against sabotage

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(1) The sheriffs of the respective counties of the state be and they are hereby authorized and empowered to furnish adequate guard service to vital war industries if requested to so do by such industries; provided, such industries reimburse said sheriffs the actual cost of such g…

Fla. Stat. § 30.2905 Program to contract for employment of off-duty deputies for security services

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(1) A sheriff may operate or administer a program to contract for the employment of sheriff’s deputies, during off-duty hours, for public or private security services.(2)(a) Any such public or private employer of a deputy sheriff shall be responsible for the acts or omissions of …

Fla. Stat. § 30.291 Closing of public facilities upon threat of violence

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(1) The sheriff of any county of the state is hereby authorized to temporarily close any public beach, park, or other public recreation facility within the sheriff’s jurisdiction when in his or her discretion conditions exist which present a clear and present or probable threat o…

Fla. Stat. § 30.30 Writs, process; duties and liabilities in levying

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(1) Whenever any writ, issuing out of any court of this state, shall be delivered to a sheriff, commanding the sheriff to levy upon property specifically described therein, it shall be his or her duty to levy upon such property. If no property is specifically described in the wri…

Fla. Stat. § 30.46 Sheriffs; motor vehicles color combination; badges; simulation prohibited; penalties

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(1) The color combination of forest green and white is adopted as the official color for use on the motor vehicles and motorcycles used by the various sheriffs of Florida and their deputies.(2) For purposes of uniformity and in aid of the recognition of their official identity by…

Fla. Stat. § 30.48 Salaries

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Each sheriff shall receive for the performance of official duties as sheriff an annual salary, which shall be payable monthly, twice per month, or biweekly; provided, that compensation for service in office for a part of a calendar month shall be paid in the proportion that the d…

Fla. Stat. § 30.49 Budgets

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(1) Pursuant to s. 129.03(2), each sheriff shall annually prepare and submit to the board of county commissioners a proposed budget for carrying out the powers, duties, and operations of the office for the next fiscal year. The fiscal year of the sheriff commences on October 1 an…

Fla. Stat. § 30.50 Payment of salaries and expenses

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(1) The sheriff shall requisition and the board of county commissioners shall pay him or her, at the first meeting in October of each year, and each month thereafter, one-twelfth of the total amount budgeted for the office; provided, that at the first meeting in January of each y…

Fla. Stat. § 30.501 Bailiffs’ meals and lodging

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The sheriff may provide meals and lodging to bailiffs appointed by the sheriff who, by order of any court, provide security to sequestered juries.History.—s. 2, ch. 88-212.

Fla. Stat. § 30.51 Fees and commissions

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(1) No bills shall be rendered to the county for any services, nor shall any fees, commissions, or other remuneration for official services as sheriff be paid by the board of county commissioners of any county to the sheriff of the county except as provided by this section. All f…

Fla. Stat. § 30.52 Handling of public funds

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The sheriff shall keep public funds in his or her custody, either in his or her office in an amount not in excess of the burglary, theft, and robbery insurance provided, the cost of which is hereby authorized as an expense of the office, or in a depository in an amount not in exc…

Fla. Stat. § 30.53 Independence of constitutional officials

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The independence of the sheriffs, including a sheriff in a consolidated government, consolidated pursuant to s. 3 or s. 6(e), Art. VIII of the State Constitution or s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution, sh…

Fla. Stat. § 30.555 Liability insurance

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The sheriff may obtain insurance to cover liability for damages arising out of claims for false arrests, false imprisonment, false or improper service of process, or other claims arising out of the performance of his or her duties or the duties of his or her deputies or employees…

Fla. Stat. § 30.56 Release of traffic violator on recognizance or bond; penalty for failure to appear

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In all cases of arrest for traffic violations, by a sheriff or a deputy sheriff, the person arrested may in the discretion of such officer be released upon his or her own recognizance or upon bond provided said officer shall obtain from such person arrested a recognizance or, if …

Fla. Stat. § 30.60 Establishment of neighborhood crime watch programs

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1A county sheriff or municipal police department may establish neighborhood crime watch programs within the county or municipality. The participants of a neighborhood crime watch program shall include, but need not be limited to, residents of the county or municipality and owners…

Fla. Stat. § 30.61 Establishment of civilian oversight boards

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(1) A county sheriff may establish a civilian oversight board to review the policies and procedures of his or her office and its subdivisions.(2) The board must be composed of at least three and up to seven members appointed by the sheriff, one of whom shall be a retired law enfo…

Fla. Stat. § 34.01 Jurisdiction of county court

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(1) County courts shall have original jurisdiction:(a) In all misdemeanor cases not cognizable by the circuit courts.(b) Of all violations of municipal and county ordinances.(c) Of all actions at law, except those within the exclusive jurisdiction of the circuit courts, in which …

Fla. Stat. § 34.011 Jurisdiction in landlord and tenant cases

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(1) The county court shall have jurisdiction concurrent with the circuit court to consider landlord and tenant cases involving claims in amounts which are within its jurisdictional limitations. The county court may issue a temporary and permanent injunction where appropriate for …

Fla. Stat. § 34.017 Certification of questions to district court of appeal

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(1) A county court may certify a question to the district court of appeal in a final judgment that is appealable to the circuit court if the question may have statewide application, and:(a) Is of great public importance; or(b) Will affect the uniform administration of justice.(2)…

Fla. Stat. § 34.021 Qualifications of county court judges

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(1) No person is eligible for election or appointment to the office of county court judge unless the person is, and has been for the preceding 5 years, a member in good standing of the bar of Florida prior to qualifying for election to such office or submitting his or her name to…

Fla. Stat. § 34.022 Number of county court judges for each county

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The number of county court judges in each county shall be as follows:COUNTY TOTAL(1) Alachua..........5(2) Baker..........1(3) Bay..........5(4) Bradford..........1(5) Brevard..........11(6) Broward..........32(7) Calhoun..........1(8) Charlotte..........3(9) Citrus..........3(10…

Fla. Stat. § 34.031 Clerk

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The clerk of the circuit court shall be clerk of the county court unless otherwise provided by law.History.—s. 11, ch. 72-404.

Fla. Stat. § 34.032 Power of clerk to appoint deputies

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(1) With the concurrence of the chief circuit judge of the circuit, the clerk of the circuit court, in his or her capacity as clerk of the county court, may appoint a deputy clerk or clerks of the county court, for whose acts the clerk shall be liable, and the said deputies shall…

Fla. Stat. § 34.041 Filing fees

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(1)(a) Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have elapsed since the filing of a final order or final jud…

Fla. Stat. § 34.045 Cost recovery; use of the county court for ordinance or special law violations

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(1)(a) In lieu of payment of a filing fee under s. 34.041, a filing fee of $10 shall be paid by a county or municipality when filing a violation of a county or municipal ordinance or a violation of a special law in county court. This fee shall be paid to the clerk of the court fo…

Fla. Stat. § 34.07 Sheriff to be executive officer

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The sheriff of the county shall serve and execute all civil and criminal processes of said court and do and perform all duties in and about said court, which are required to be performed by an executive officer.History.—s. 12, ch. 3730, 1887; RS 1575, 2838; GS 2037, 3896; RGS 332…

Fla. Stat. § 34.08 Compensation of sheriff

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The compensation of the sheriff for serving processes in cases in the county court, and for other services in connection therewith, shall be the same as that for like services in the circuit court.History.—RS 2839; GS 3897; RGS 5994; CGL 8288.

Fla. Stat. § 34.13 Method of prosecution

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(1) All persons tried in the county court on any criminal charge shall be tried upon indictment by the grand jury, upon information filed by the prosecuting attorney, or upon affidavit or complaint.(2) Upon the finding of indictments by the grand jury for crimes cognizable by the…

Fla. Stat. § 34.131 To be open for voluntary pleas of guilty

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All county courts in this state, in addition to their regular trial terms as now provided by law, shall, at all times, Sundays excepted, be considered open for the reception of voluntary pleas of guilty in all criminal cases pending therein on information, indictment, affidavit, …

Fla. Stat. § 34.161 Persons convicted in county court allowed 48 hours to pay fine before being worked

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Any person convicted of crime in the county court who shall have a pecuniary fine or sum of money assessed or adjudged against him or her as punishment may, on being taken into custody by the proper officer of the court or prior to such arrest at any time within 48 hours from the…

Fla. Stat. § 34.171 Salaries of bailiffs

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The county shall pay all reasonable salaries of bailiffs.History.—s. 15, ch. 72-404; s. 54, ch. 2003-402.

Fla. Stat. § 34.181 Branch courts

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(1) Any municipality or county may apply to the chief judge of the circuit in which the municipality or county is situated for the county court to sit in a location suitable to the municipality or county and convenient in time and place to its citizens and police officers, and up…

Fla. Stat. § 34.191 Fines and forfeitures; dispositions

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(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…

Fla. Stat. § 35.01 District courts of appeal; districts

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Six district courts of appeal are created, and the state is divided into six appellate districts of contiguous circuits.History.—s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 79-413; s. 4, ch. 2022-163.

Fla. Stat. § 35.02 First Appellate District

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The First Appellate District is composed of the First, Second, Third, Eighth, and Fourteenth Judicial Circuits.History.—s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 79-413; s. 5, ch. 2022-163.

Fla. Stat. § 35.03 Second Appellate District

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The Second Appellate District is composed of the Sixth, Twelfth, and Thirteenth Judicial Circuits.History.—s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 79-413; s. 6, ch. 2022-163.

Fla. Stat. § 35.04 Third Appellate District

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The Third Appellate District is composed of the Eleventh and Sixteenth Judicial Circuits.History.—s. 1, ch. 57-248; s. 1, ch. 65-294; s. 1, ch. 79-413.

Fla. Stat. § 35.042 Fourth Appellate District

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The Fourth Appellate District is composed of the Fifteenth, Seventeenth, and Nineteenth Judicial Circuits.History.—s. 2, ch. 65-294; s. 1, ch. 79-413.

Fla. Stat. § 35.043 Fifth Appellate District

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The Fifth Appellate District is composed of the Fourth, Fifth, Seventh, and Eighteenth Judicial Circuits.History.—s. 2, ch. 79-413; s. 7, ch. 2022-163.

Fla. Stat. § 35.044 Sixth Appellate District

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The Sixth Appellate District is composed of the Ninth, Tenth, and Twentieth Judicial Circuits.History.—s. 8, ch. 2022-163.

Fla. Stat. § 35.05 Headquarters

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(1) The headquarters of the First Appellate District shall be in the Second Judicial Circuit, Tallahassee, Leon County; of the Second Appellate District in the Sixth Judicial Circuit, Pinellas County; of the Third Appellate District in the Eleventh Judicial Circuit, Miami-Dade Co…

Fla. Stat. § 35.051 Subsistence and travel reimbursement for judges with alternate headquarters

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(1)(a) A district court of appeal judge is eligible for the designation of a county courthouse or another appropriate facility in his or her county of residence, or an adjacent county within the district, as his or her official headquarters for purposes of s. 112.061 if the judge…

Fla. Stat. § 35.06 Organization of district courts of appeal

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A district court of appeal shall be organized in each of the six appellate districts to be named District Court of Appeal, District. The number of judges of each district court of appeal shall be as follows:(1) In the first district there shall be 13 judges.(2) Except as provided…

Fla. Stat. § 35.065 Review of judgment or order certified by county court to be of great public importance

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Pursuant to s. 34.017, a district court of appeal may review any order or judgment of a county court which is certified by the county court to be of great public importance.History.—s. 4, ch. 84-303; s. 7, ch. 2020-61.