The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

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F.S. 28.243

28.243 Personal liability for accepting checks.—

(1) A check received by the office of a clerk of a court or comptroller which is tendered to him or her in payment for any services, collection of fines and forfeitures, sale of documentary stamps, recording of documents and instruments, collection of legal fees, or any other duties relating to his or her office and which is returned by the bank upon which the check is drawn shall be the personal liability of the clerk or comptroller unless the clerk or comptroller, after due diligence to collect the returned check, forwards the returned check to the state attorney of the circuit where the check was drawn for prosecution.

(2) Notwithstanding the provisions of subsection (1), the office of a clerk of a court or comptroller may accept personal checks drawn on any bank or similar financial institution in the United States for the payment of traffic fines and related court costs, and the clerk or comptroller shall not incur any personal liability for the acceptance of such checks. Any such check received by the office of a clerk of a court or comptroller which is returned by the bank upon which the check is drawn may be forwarded to the state attorney of the circuit where the check was presented for prosecution. The clerk or comptroller shall not be subject to the provisions of s. 832.07(2).

History.—s. 1, ch. 75-176; s. 1, ch. 83-277; s. 164, ch. 95-147.

F.S. 28.243 on Google Scholar

F.S. 28.243 on Casetext

Amendments to 28.243

Arrestable Offenses / Crimes under Fla. Stat. 28.243

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 28.243.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ZDEBSKI, v. C. SCHMUCKER, s, 972 F. Supp. 2d 972 (E.D. Mich. 2013)

. . . . § 28.243, § 769.16a). . . .

E. JOSEPH R. v. L. PATTERSON, A, 795 F.2d 549 (6th Cir. 1986)

. . . . § 28.243 which provides for mandatory return of records in most cases. Mich. . . . . § 28.243 provides in relevant part: (2) If a person accused ... is released without a charge made against . . . Laws Ann. § 28.243(6)(a) and (b). . . . develops facts indicating that the circumstances require return pursuant to the clear mandate of § 28.243 . . .

UNITED STATES v. CORRADO, 121 F. Supp. 75 (E.D. Mich. 1953)

. . . . § 4.463, Comp.Laws 1948, § 28.243. . . .

ALBERTSON v. MILLARD,, 106 F. Supp. 635 (E.D. Mich. 1952)

. . . . § 28.243(1) et seq., the “Little Smith Act”, creating the crime of subversion and providing penalties . . .