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Florida Statute 28.33 | Lawyer Caselaw & Research
F.S. 28.33 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 28.33

The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 28
CLERKS OF THE CIRCUIT COURTS
View Entire Chapter
F.S. 28.33
28.33 Investment of county funds by the clerk of the circuit court.The clerk of the circuit court in each county shall invest county funds in excess of those required to meet expenses as provided in s. 218.415. No clerk investing such funds shall be liable for the loss of any interest when circumstances require the withdrawal of funds placed in a time deposit and needed for immediate payment of county obligations. Except for interest earned on moneys deposited in the registry of the court, all interest accruing from moneys deposited shall be deemed income of the county and may be expended as receipts of the county as approved by the board of county commissioners pursuant to chapter 129. The clerk may invest moneys deposited in the registry of the court and shall retain as income of the office of the clerk and as a reasonable investment management fee 10 percent of the interest accruing on those funds with the balance of such interest being allocated in accordance with the interest of the depositors.
History.s. 1, ch. 73-282; s. 1, ch. 82-117; s. 166, ch. 95-147; s. 7, ch. 2000-264; s. 6, ch. 2009-61.

F.S. 28.33 on Google Scholar

F.S. 28.33 on Casetext

Amendments to 28.33


Arrestable Offenses / Crimes under Fla. Stat. 28.33
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 28.33.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MALOY, v. SEMINOLE COUNTY,, 264 So. 3d 370 (Fla. App. Ct. 2019)

. . . See § 28.33, Fla. Stat. (2017). . . . Then, in 1973, the Legislature enacted section 28.33, Florida Statutes (1973), which also gave the clerk . . . Powers, 351 So.2d 32 (Fla. 1977), the court held that pursuant to section 28.33, the clerk of circuit . . . Section 28.33, Florida Statutes (2017), provides that "[t]he clerk of the circuit court in each county . . . the Florida Constitution, and continues to "invest" those funds as provided in sections 218.415 and 28.33 . . .

A. LIVINGSTON, v. FRANK,, 150 So. 3d 239 (Fla. Dist. Ct. App. 2014)

. . . barred by Florida Rule of Civil Procedure 1.540; that the Clerk’s actions were authorized by sections 28.33 . . .

JOHNSON, F. J. a F. J. v. DISTRICT OF COLUMBIA, A, 962 F. Supp. 2d 263 (D.D.C. 2013)

. . . (Accotink), provides similar hours as Ballou — 30.5 hours of school per week and 28.33 hours of actual . . .

W. KWONG, S. v. BLOOMBERG, T., 723 F.3d 160 (2d Cir. 2013)

. . . amendment to § 10-131(a)(2) increased the cost for residential license holders of owning a handgun by $28.33 . . .

In LINCOLNSHIRE CAMPUS, LLC,, 441 B.R. 524 (Bankr. N.D. Tex. 2010)

. . . 84 DEGREES 23 MINUTES 04 SECONDS WEST 16.00 FEET; THENCE NORTH 05 DEGREES 36 MINUTES 56 SECONDS EAST 28.33 . . .

McCARTHY v. CITY OF CLEVELAND,, 626 F.3d 280 (6th Cir. 2010)

. . . . § 28.33 (1977). . . .

In L. FORD,, 415 B.R. 51 (Bankr. N.D.N.Y. 2009)

. . . . - 15% (location) $28.33/sq. ft. - 10% (size) + 10% (other bldg.) . . .

E. BROCK, v. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, COLLIER COUNTY, a, 9 So. 3d 635 (Fla. Dist. Ct. App. 2009)

. . . Section 28.33, Florida Statutes (2007), states: The clerk of the circuit court in each county shall invest . . . The plain language of section 28.33 provides that the interest earned on money-invested by the Clerk . . . Section 28.33 does not impose any restrictions on how the Clerk may use this income, and again, the County . . . In fact, the County at least implicitly acknowledges that section 28.33 means what it says because its . . . Section 28.33 is such a clear and unambiguous statute. . . .

ARCHER DANIELS MIDLAND COMPANY, v. UNITED STATES,, 559 F. Supp. 2d 1347 (Ct. Int'l Trade 2008)

. . . However, purified calcium sulphate isolated from these residues, is excluded (heading 28.33). . . .

v., 32 Ct. Int'l Trade 343 (Ct. Int'l Trade 2008)

. . . However, purified calcium sulphate isolated from these residues, is excluded (heading 28.33). . . .

Co. v., 27 Ct. Int'l Trade 1709 (Ct. Int'l Trade 2003)

. . . methodology, the Cooperative Respondents’ calculated antidumping duty margin increased from 14.88% to 28.33% . . .

BROWN v. LEGAL FOUNDATION OF WASHINGTON, 538 U.S. 216 (U.S. 2003)

. . . . §28.33 (1977)). . . . Section 28.33’s authorization for the clerk of court to invest the interpleader funds, like the Washington . . . As the Florida Supreme Court observed, “[interest accrues only because of section 28.33. . . . creditors in Webb’s sued to recover the entire interest that had been earned on the fund pursuant to § 28.33 . . .

Co. Et Al. v. Et Al., 27 Ct. Int'l Trade 477 (Ct. Int'l Trade 2003)

. . . recalculation the Cooperative Respondents’ antidumping duty margin increased from 14.88 percent to 28.33 . . . [Plaintiffs have] not demonstrated that the 28.33 percent rate selected by Commerce is not “reasonably . . .

C. III N. v., 118 T.C. 1 (T.C. 2002)

. . . Allen H 28.33 Warren L. Allen, Jr. 00 16.67 John R. . . .

In MEZVINSKY, G. v. v., 265 B.R. 681 (Bankr. E.D. Pa. 2001)

. . . 1999; or (3) $120,000 at any time between November 1-30, 1999, plus interest at a daily per diem of $28.33 . . .

In GEORGETOWN BUILDING ASSOCIATES, LIMITED PARTNERSHIP, v. PWA,, 240 B.R. 124 (Bankr. D.D.C. 1999)

. . . Dreyfuss and Sehuble each had a 28.33-1/3% interest in the partnership; Aronoff held a 27.33-1/3% interest . . .

RITA M. FLEMING v. CNA INSURANCE COMPANY, 52 F. Supp. 2d 499 (E.D. Pa. 1999)

. . . defendants had never paid; (2) that plaintiff would expect defendants to pay interest at the daily rate of $28.33 . . .

SCHNEIDER v. CALIFORNIA DEPARTMENT OF CORRECTIONS, 151 F.3d 1194 (9th Cir. 1998)

. . . . § 28.33, provided, in pertinent part, that “[a]ll interest accruing from moneys deposited shall be . . . Notwithstanding § 28.33, however, which seemed quite explicitly to vest the county with ownership of . . . As for the express command of § 28.33, the Court declared: [A] State, by ipse dixit, may .not transform . . .

PHILLIPS v. WASHINGTON LEGAL FOUNDATION, 524 U.S. 156 (U.S. 1998)

. . . . §28.33 (1977)) (emphasis deleted). . . .

UNITED STATES JOSLIN v. COMMUNITY HOME HEALTH OF MARYLAND, INC., 984 F. Supp. 374 (D. Md. 1997)

. . . liabilities—-that is, liabilities not incurred before the statute’s repeal. 1A Sutherland, supra, § 28.33 . . .

NEWSWEEK, INC. v. DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA, H. F., 689 So. 2d 361 (Fla. Dist. Ct. App. 1997)

. . . Moreover, while section 28.33, Florida Statutes (1995) states, in pertinent part, that “[m]oneys deposited . . .

v., 102 T.C. 149 (T.C. 1994)

. . . sales June 30, 1983 17.6% 21.39% June 30, 1984 18.4 22.57 June 30, 1985 16.6 19.86 June 30, 1986 22.0 28.33 . . .

RIVKIN v. COUNTY OF MONTGOMERY,, 838 F. Supp. 1009 (E.D. Pa. 1993)

. . . . §.28.33 (1977), quoted at 449 U.S. at 156 n. 1, 101 S.Ct. at 448 n. 1. . . .

FLORIDA ELKS CHILDREN S HOSPITAL, v. G. STANLEY,, 610 So. 2d 538 (Fla. Dist. Ct. App. 1992)

. . . Lockwood involved the constitutionality of section 28.33, Florida Statutes (1977) which authorized the . . .

GORDON, v. STATE, 608 So. 2d 800 (Fla. 1992)

. . . deposited shall be deemed income of the office of the clerk of the circuit court investing such moneys_” § 28.33 . . .

WILLIAMS v. CITY OF DALLAS,, 734 F. Supp. 1317 (N.D. Tex. 1990)

. . . In District 1, another black candidate (Giddings) ran against two white opponents, and received 28.33% . . .

GRECO, Jo Jo v. TAMPA WHOLESALE COMPANY, 522 So. 2d 506 (Fla. Dist. Ct. App. 1988)

. . . seeking return of certain funds retained by the clerk of the court pursuant to sections 28.24(13) and 28.33 . . . Section 28.33 states in pertinent part: The clerk may invest monies deposited in the registry of the . . . The Greco family members contend that sections 28.24(13) and 28.33 are unconstitutional. . . . The Greco family members concede that normally the assessments required by sections 28.24(13) and 28.33 . . . The 1977 version of section 28.33 provided that “All interest accruing from moneys deposited shall be . . .

CAMDEN I. CONDOMINIUM ASSOCIATION INC. L. A. I. v. B. DUNKLE,, 805 F.2d 1532 (11th Cir. 1986)

. . . StatAnn. sec. 28.33 (West 1974), all interest earned on funds deposited in court registries was deemed . . . According to Fla.Stat.Ann. sec. 28.33 (West 1974), the interest was public income. . . . In 1981, the United States Supreme Court held that Fla.Stat.Ann. sec. 28.33 was an unconstitutional taking . . . In 1972, one year before the effective date of section 28.33, another state supreme court struck down . . . Fla.Stat.Ann. sec. 28.33 (West 1974). .Section 28.33 was amended to read, "Except for interest earned . . .

INTERNATIONAL STUDIO APARTMENT ASSOCIATION, INC. v. E. LOCKWOOD,, 421 So. 2d 1119 (Fla. Dist. Ct. App. 1982)

. . . Another statute, Section 28.33, Florida Statutes (1977), authorized the clerk of the circuit court to . . . In the instant case, the litigants, particularly appellees, relied upon section 28.33 without question . . . More specifically, the clerk of the circuit court in this case, pursuant to section 28.33, invested the . . . funds deposited by litigants into the court registry and, in reliance on section 28.33, retained the . . . First, appellants apparently never questioned the constitutionality of section 28.33 either at the time . . .

H. BECKWITH, Jr. v. WEBB S FABULOUS PHARMACIES, INC., 394 So. 2d 1009 (Fla. 1981)

. . . 1979, reversing the Order of Circuit Court in and for Seminole County, Florida, and holding section 28.33 . . . The portion of section 28.33, Florida Statutes, which the Supreme Court finds constitutionally objectionable . . . This portion, however, cannot be validly severed from the portion of section 28.33 which provides: “Moneys . . . Consequently, we hold that this portion of section 28.33 is also unconstitutional. . . . We note that without the above-quoted portion of section 28.33, Florida Statutes (1977), and in the absence . . .

STODDARD, J. J. v. LING- TEMCO- VOUGHT, INC. a, 513 F. Supp. 339 (C.D. Cal. 1981)

. . . Theriault until his projected death, and, at the time of the November, 1980 trial, 28.33 years. . . . Theriault (28.33/32.25 x $634,300) ......$557,200.58 Andre J. Theriault ......... Richard E. . . .

WEBB S FABULOUS PHARMACIES, INC. v. BECKWITH, CLERK OF THE CIRCUIT COURT OF SEMINOLE COUNTY,, 449 U.S. 155 (U.S. 1980)

. . . . §28.33 (1977). . . . The Supreme Court, in a per curiam opinion with one justice dissenting in part, ruled that § 28.33 was . . . This toll would be exacted because of § 28.33’s provision that the interest “shall be deemed income of . . . An initial reading of § 28.33 might prompt one to conclude that, so far as it concerns entitlement to . . . Section 28.33, enacted as 1973 Fla. . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, v. G. WILLIS, H. Jr. J. R., 497 F. Supp. 272 (S.D. Ga. 1980)

. . . Veenstra Guarantor 28.33% liability Robert H. Still Guarantor 28.33% liability Roger R. . . .

R. POMPONIO, v. CLARIDGE OF POMPANO CONDOMINIUM, INC., 378 So. 2d 774 (Fla. 1979)

. . . This Court’s recent construction of section 28.33, Florida Statutes (1977), in Beckwith v. . . . Because of our construction of section 28.33, I must agree that section 718.401(4), which mandates the . . . circuit court receives a fee for his services apart from the interest earned on deposited funds. § 28.33 . . .

UNITED STATES v. STATE OF MONTANA, B. C. H. W. R., 604 F.2d 1162 (9th Cir. 1979)

. . . Government Owned 1,400.50 .07% Yellowtail Dam 6,695.64 29% State Lands 44,804.82 1.96% Fee Lands 646,679.12 28.33% . . .

H. BECKWITH, Jr. v. WEBB S FABULOUS PHARMACIES, INC., 374 So. 2d 951 (Fla. 1979)

. . . The constitutionality of section 28.33, Florida Statutes (1977), which provides that interest accruing . . . In an order granting the receiver’s motion, the trial court held section 28.33, Florida Statutes (1977 . . . Section 28.33 does two things: (1) it authorizes the clerk to invest money in the registry of the court . . . Interest accrues only because of section 28.33. . . . OVERTON, J., concurs in part and dissents in part with an opinion. . § 28.33, Fla.Stat. (1977), reads . . . Section 28.33, Florida Statutes (1977), concerns the investment of all county funds held by the clerk . . .

UNITED STATES v. STATE OF MONTANA, B. C. J. W. R. STATE OF MONTANA, B. C. J. W. R. v. UNITED STATES, 457 F. Supp. 599 (D. Mont. 1978)

. . . Government Owned 1,400.50 .07% Yellowtail Dam 6,695.64 .29% State Lands 44,804.82 1.96% Fee Lands 646,679.12 28.33% . . .

ALACHUA COUNTY, a v. A. POWERS,, 351 So. 2d 32 (Fla. 1977)

. . . In regard to investment of county funds the court below held that Section 28.33, Florida Statutes (1975 . . . designate the investment of surplus funds, these funds are to be invested by the clerk pursuant to Section 28.33 . . .

ROBERT L. MERWIN CO. INC. MARITIME CONTRACTORS, v. DONALD S. STRONG CARGO SERVICES, INC., 7 V.I. 567 (3d Cir. 1970)

. . . The trial court awarded the lessee $28.33 per day from the date of unlawful eviction until the lessee . . . the time of eviction, provided for rental of $525.00 per month, or $17.50 per day, rather than the $28.33 . . . that the trial court made some estimate of value from which the reserved rent was deducted to yield $28.33 . . . Both the complaint and the counterclaim contain allegations of damages in the amount of $28.33 per day . . . some indications of the value of the warehouse in the record, but they do not support the amount of $28.33 . . .

ROBERT L. MERWIN CO. v. S. STRONG, 429 F.2d 50 (3d Cir. 1970)

. . . The trial court awarded the lessee $28.33 per day from the date of unlawful eviction until the lessee . . . the time of eviction, provided for rental of $525.00 per month, or $17.50 per day, rather than the $28.33 . . . that the trial court made some estimate of value from which the reserved rent was deducted to yield $28.33 . . . Both the complaint and the counterclaim contain allegations of damages in the amount of $28.33 per day . . . some indications of the value of the warehouse in the record, but they do not support the amount of $28.33 . . .

MARATHON FOUNDRY MACHINE COMPANY, DYNER, v. SCHWARTZ J., 239 F.2d 122 (7th Cir. 1956)

. . . and that the highest, and best bid was that of Intelectron in the total amount of $910,129.58, or $28.33 . . .

In MARATHON FOUNDRY AND MACHINE COMPANY, a MARATHON FOUNDRY AND MACHINE COMPANY, v. SCHWARTZ J. a, 228 F.2d 594 (7th Cir. 1955)

. . . bids were made at said hearing, the highest and best bid being that made by Intelec-tron, Inc., for $28.33 . . . . be sold upon the terms and conditions hereinafter set forth to Intelectron, Inc., for the sum of $28.33 . . .

M. IRAVANI MOTTAGHI, v. BARKEY IMPORTING CO., 134 F. Supp. 719 (S.D.N.Y. 1955)

. . . reads.as follows: “265 báles Iranian Carpet Wool Total gross weight: 64,047 lbs. “ nett “ 62,439 “ (28.33 . . .

In ANN ARBOR BREWING CO., 110 F. Supp. 111 (E.D. Mich. 1951)

. . . Supplemental withholding tax for the 4th quarter 1948 in the amount of $28.33, which became a lien on . . .

HARVEY v. EARLY, 189 F.2d 169 (4th Cir. 1951)

. . . When all of these errors are corrected, there is a net increase in income tax for the year 1941 of $28.33 . . .

PHILLIPS v. SECURITIES AND EXCHANGE COMMISSION, 153 F.2d 27 (2d Cir. 1946)

. . . Electric’s common stock by capitalizing its estimated earnings at either 6% per annum, yielding values of $28.33 . . .

SANTA MONICA MOUNTAIN PARK CO. v. UNITED STATES, 99 F.2d 450 (9th Cir. 1938)

. . . See eases cited in Paul & Mertens, Law of Federal Income Taxation (1934), Vol. 3, § 28.33, p. 424, notes . . .

MADDEN v. UNITED STATES, 18 F. Supp. 534 (S.D.N.Y. 1936)

. . . now remaining unpaid should be dealt with in this manner: A sum representing monthly installments of $28.33% . . .

AUTOMATIC WASHER CO. v. UNITED STATES, 15 F. Supp. 70 (Ct. Cl. 1936)

. . . plaintiff is entitled to1 a judgment as follows: $1,490.76 tax paid, to which was added $74.54 penalty and $28.33 . . .

AUTOMATIC WASHER COMPANY, A CORPORATION, v. THE UNITED STATES, 83 Ct. Cl. 593 (Ct. Cl. 1936)

. . . plaintiff is entitled to a judgment as follows: $1,490.76 tax paid, to which was added $74.54 penalty and $28.33 . . .

RALSTON S. HOLMES v. THE UNITED STATES, 49 Ct. Cl. 70 (Ct. Cl. 1913)

. . . were not included in the naval-pay act of May 13,1908, 35 Stats., 128, and consequently the amount of $28.33 . . . from May 13 to July 3, 1908, and the amount of his pay for that portion of the time, amounting to $28.33 . . .

In ARKANSAS RATE CASES. ST. LOUIS SOUTHWESTERN RY. CO. v. ALLEN R. R. ST. LOUIS, I. M. S. RY. CO. v. SAME, 187 F. 290 (C.C.E.D. Ark. 1911)

. . . Engine miles...........................79,053 199,981 279,034 Percentage of each....................... 28.33 . . .

LUFKIN LAND LUMBER CO. v. BEAUMONT TIMBER CO., 151 F. 740 (5th Cir. 1907)

. . . that the plaintiff has shown title to 289.9696 acres of said land and the defendant has shown title to 28.33% . . .