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2006 Florida Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagfl0029 and id is 1 raw text is: Florida Attorney General
Advisory Legal Opinion
Number: AGO 2006-01
Date: January 17, 2006
Subject: Court Clerk, expenditures from fine and forfeiture fund
The Honorable David R. Ellspermann
Marion County
Clerk of the Circuit Court
Post Office Box 1030
Ocala, Florida 34478-1030
RE: CLERK OF COURT - PRISONERS - FINE AND FORFEITURE FUND - FINES -
expenditure of funds from fine and forfeiture fund. ss. 129.02,
142.01, 925.08(5), 951.05, and 951.15, Fla. Stat.
Dear Mr. Ellspermann:
You have asked for my opinion on substantially the following question:
Is the Clerk of Circuit Court authorized to expend funds from the
fine and forfeiture fund established by section 142.01, Florida
Statutes, for work performed by county prisoners whether pre- or
post- sentence?
Section 142.01, Florida Statutes, provides:
There shall be established by the clerk of the circuit court in each
county of this state a separate fund to be known as the fine and
forfeiture fund for use by the clerk of the circuit court in
performing court-related functions. The fund shall consist of the
following:
(1) Fines and penalties . . . .
(2) That portion of civil penalties directed to this fund . . . .
(3) Court costs . . . .
(4) Proceeds from forfeited bail bonds, unclaimed bonds, unclaimed
moneys, or recognizances . . . .
(5) Fines and forfeitures . . . .
(6) All other revenues received by the clerk as revenue authorized by