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The Florida Senate

2004 Florida Statutes

Clerk of district court; appointment; compensation; assistants; filing fees; teleconferencing.
Section 35.22, Florida Statutes 2004

35.22  Clerk of district court; appointment; compensation; assistants; filing fees; teleconferencing.--

(1)  Each district court of appeal shall appoint a clerk who shall be paid an annual salary to be determined in accordance with s. 25.382

(2)  The clerk is authorized to employ such deputies and clerical assistants as may be necessary. Their number and compensation shall be approved by the court, and paid from the annual appropriation for the district courts of appeal.

(3)  The clerk, upon the filing of a certified copy of a notice of appeal or petition, shall charge and collect a filing fee of $300 for each case docketed, and service charges as provided in s. 28.24 for copying, certifying or furnishing opinions, records, papers or other instruments and for other services. The State of Florida or its agencies, when appearing as appellant or petitioner, is exempt from the filing fee required in this subsection. From each attorney appearance pro hac vice, the clerk shall collect a fee of $100 for deposit as provided in this section.

(4)  The opinions of the district court of appeal shall not be recorded, but the original as filed shall be preserved with the record in each case.

(5)  The clerk is authorized immediately after a case is disposed of, to supply the judge who tried the case and from whose order, judgment, or decree, appeal or other review is taken, a copy of all opinions, orders, or judgments filed in such case. Copies of opinions, orders, and decrees shall be furnished in all cases to each attorney of record and for publication in Florida reports to the authorized publisher without charge, and copies furnished to other law book publishers at one-half the regular statutory fee.

(6)  The clerk of each district court of appeal is required to deposit all fees collected in the State Treasury to the credit of the General Revenue Fund, except that $50 of each $300 filing fee collected shall be deposited into the state court's Grants and Donations Trust Fund to fund court improvement projects as authorized in the General Appropriations Act. The clerk shall retain an accounting of each such remittance.

(7)  The clerk of the district court of appeal is authorized to collect a fee from the parties to an appeal reflecting the actual cost of conducting the proceeding through teleconferencing where the parties have requested that an oral argument or mediation be conducted through teleconferencing. The fee collected for this purpose shall be used to offset the expenses associated with scheduling the teleconference and shall be deposited in the Mediation/Arbitration Trust Fund.

History.--s. 1, ch. 57-248; s. 1, ch. 73-305; s. 4, ch. 75-124; s. 1, ch. 78-349; s. 2, ch. 85-222; s. 3, ch. 85-249; s. 7, ch. 89-290; s. 1, ch. 93-161; s. 202, ch. 95-147; s. 16, ch. 95-312; s. 35, ch. 2004-265.