Legal Opinion

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Florida Attorney General Reports

Decided June 19, 2009Published

1Opinion of the Court

Dear Mr. Smith:

As clerk of the circuit court for Putnam County, you ask substantially the following question:

In light of the recent amendment to section 28.241(1)(a)1.b., Florida Statutes, by section 5, Chapter 2009-61, Laws of Florida, is a clerk of court required to assess a filing fee for the filing of a petition for a domestic violence injunction despite the language of section 741.30(2)(a), Florida Statutes, which prohibits the assessment of filing fees for such petitions?

In sum:

In light of the specific prohibition in section 741.30(2)(a), Florida Statutes, the clerk of court may not…

2Cases cited10 opinions

  1. American Bakeries Co. v. City of Haines CitySupreme Court of Florida · 1938
  2. McLaughlin v. StateSupreme Court of Florida · 1998
  3. McKendry v. StateSupreme Court of Florida · 1994
  4. State v. RifeSupreme Court of Florida · 2001
  5. Askew v. SchusterSupreme Court of Florida · 1976

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