Can a Florida circuit court clerk sell uncollected court-ordered debts (court costs, fines, attorney-fee liens) to a third-party debt buyer?
Plain-English summary
The Santa Rosa County Clerk's Office had millions of dollars of uncollected court-ordered debts (fines, costs, fees, attorney-fee liens). To recover something from these debts, the Clerk wanted to sell them to a third-party debt buyer in bulk — a common practice in private-sector debt portfolios.
Florida Attorney General Ashley Moody concluded the Clerk has no statutory authority to do this. § 28.246, Fla. Stat. enumerates exactly what clerks must do with these debts — collect them in-house, set up payment plans, or refer to private attorneys/registered collection agents. Selling the debt is not on the list, and circuit court clerks, despite being constitutional officers, can only do what statute expressly allows them to do.
Because the answer to question 1 was no, the AG declined to answer question 2 (about whether a debtor's driver's license could be reinstated after such a sale).
What this means for you
If you're a circuit court clerk in Florida
You cannot sell uncollected court-ordered debts to a debt buyer. Your statutory toolkit for collection is:
- In-house collection
- Payment plans (with partial-payment options)
- Referral to a Florida-Bar member private attorney
- Referral to a chapter 559-registered collection agent
If you've been considering a debt-portfolio sale to clear long-aged accounts, this opinion forecloses it. The path to expanding your collection options is statutory amendment, not creative interpretation of "or otherwise dispose."
If you advise a Florida clerk
Use this opinion as the controlling authority when explaining why bulk-sale arrangements with third-party debt buyers cannot be approved. The AG's reasoning is grounded in the long-standing rule that constitutional officers exercise only powers conferred by statute — State v. Peraza statutory-construction methodology applies.
If you're a debt-purchasing company
Florida circuit clerks are not currently a viable counterparty for bulk court-debt portfolio acquisitions. If you want to enter that market, the legislative path is § 28.246 amendment.
If you're a Florida legislator or staffer
If your district has a clerk struggling with aged court debt, this opinion frames the legal posture: you'd need to amend § 28.246 to add "sale to a third-party debt purchaser" as an authorized collection method. You may also want to address the § 322.245(5)(b)(1) driver's license reinstatement consequence — currently uncertain because the AG didn't reach question 2.
Common questions
Q: Why can't the clerk just sell the debt under "or otherwise dispose"?
A: § 938.29 contains the phrase "the clerk of the circuit court shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debt or lien imposed under this section." But the AG read "or otherwise dispose" narrowly, in the context of § 28.246(6)'s explicit collection list. A general catch-all doesn't unlock methods that contradict the specific authorization scheme.
Q: What about the millions in uncollected debt?
A: The AG acknowledges the practical problem but says the answer is legislative, not interpretive. Until the Legislature acts, clerks must use only the listed collection mechanisms, even if some debts go uncollected indefinitely.
Q: Does this affect debtors' driver's licenses?
A: The AG declined to reach the second question (about license reinstatement under § 322.245(5)(b)(1) after a sale) because the answer to question 1 was no. So no clerk sale → no question about post-sale license reinstatement to answer.
Q: Does this apply to all court-ordered debts?
A: The opinion specifically addresses the debts § 28.246 covers: court costs, fines, dispositional assessments, and liens for attorney fees and costs under § 938.29. Other types of judgments (private civil judgments unconnected to clerk duties) are not addressed.
Q: Is this binding on the Clerk?
A: AG opinions are persuasive, not binding. But because the opinion correctly identifies a fundamental rule — that clerks have only statutory authority — a court would very likely reach the same conclusion. Acting against this opinion would expose the Clerk and County to litigation risk.
Background and statutory framework
§ 28.246, Fla. Stat. is the central statute governing how clerks of court collect "court costs, fines, and other dispositional assessments." Subsection (6) sets out the escalation when in-house efforts fail:
"A clerk of court shall pursue the collection of any fees, service charges, fines, court costs, and liens for the payment of attorney fees and costs pursuant to s. 938.29 which remain unpaid after 90 days by referring the account to a private attorney who is a member in good standing of The Florida Bar or collection agent who is registered and in good standing pursuant to chapter 559."
The Clerk must (1) attempt collection through internal collection processes, (2) determine that referral is cost-effective, and (3) follow procurement rules. The statute does not authorize debt sales.
The AG relies on the foundational principle that "[t]he clerk's authority is entirely statutory, and his official action, to be binding upon others, must be in conformity with the statutes" — citing a long line of prior AG opinions (Ops. Att'y Gen. Fla. 2010-20, 95-33, 90-69, 90-42, 86-38, 80-93).
The opinion also relies on plain-language statutory construction from State v. Peraza: "the starting point for any statutory construction issue is the language of the statute itself."
Citations and references
Statutes:
- § 28.246, Fla. Stat. (Clerk of court collection of court costs and fees)
- § 938.29, Fla. Stat. (Liens for legal assistance to defendants)
- § 322.245, Fla. Stat. (Suspension of driver's license for failure to pay financial obligations)
- Chapter 559, Fla. Stat. (Regulation of trade, commerce, investments, and solicitations)
Cases:
- State v. Peraza — Florida Supreme Court statutory-construction methodology (plain language first)
Prior AG opinions:
- Op. Att'y Gen. Fla. 2010-20 (2010), 95-33 (1995), 90-69 (1990), 90-42 (1990), 86-38 (1986), 80-93 (1980) — clerk's authority is purely statutory
Original opinion text
The full opinion as issued by Attorney General Ashley Moody:
Mr. W. Timothy Weekley
General Counsel
Clerk of the Circuit Court and Comptroller
Santa Rosa County, Florida
PO Box 472
Milton, Florida 32572
Dear Mr. Weekley:
On behalf of the Honorable Donald C. Spencer, Clerk of the Circuit Court and Comptroller for Santa Rosa County ("Clerk"), you ask substantially the following questions:
-
Under sections 28.246(6) and 938.29(3), Florida Statutes, are circuit court clerks authorized to sell to a debt purchaser court-ordered debts, which such clerk is obligated by statute to collect either outright, through a payment plan, or "by referring the account to a private attorney who is a member in good standing of The Florida Bar or collection agent who is registered and in good standing pursuant to chapter 559"?
-
If so, may a judgment debtor's driver's license be reinstated pursuant to section 322.245(5)(b)(1), Florida Statutes, following such sale of the debtor's court-ordered financial obligation?
In sum
Section 28.246, Florida Statutes, obligates circuit court clerks ("clerks") to collect court costs, fines, and other dispositional assessments. The statute further requires such clerks to refer to a private attorney or collection agent judgment-debtors who do not establish a payment plan or who do not remain current with their payment plans. The statute does not specify that selling the debt to a third-party debt collector is a means of disposing of the debt; therefore, the clerk is not authorized to fulfill the clerk's statutory collection and disbursement obligations in that way. This conclusion makes it unnecessary to answer your second question.
Background
According to your correspondence, the Santa Rosa County Clerk's Office has an in-house compliance department and utilizes collection agents, as authorized by section 28.246(6), Florida Statutes. Despite these efforts, "millions of dollars of debt remain outstanding." The Clerk proposes to collect some payment towards these debts by selling longstanding financial obligations to a debt purchaser, thereby transferring the indebtedness to a third party. If such transfer is deemed authorized, you ask how this might affect certain debtor rights which, by statute, are dependent upon payment or other statutorily authorized resolution of these outstanding obligations.
Analysis
This office has previously stated that the clerk of the circuit court, although a constitutional officer, possesses only such powers as have been expressly, or by necessary implication, granted by statute. Moreover, "[t]he clerk's authority is entirely statutory, and his official action, to be binding upon others, must be in conformity with the statutes."
Section 28.246, Florida Statutes, specifies both the clerk's obligations and authority to collect and disburse payments a person is obligated to make in accordance with court-ordered debts. The question, then, is whether section 28.246 authorizes the clerk to sell certain uncollected debts to third-party purchasers.
In State v. Peraza, the Florida Supreme Court stated that the "starting point for any statutory construction issue is the language of the statute itself—and a determination of whether that language plainly and unambiguously answers the question presented." The Court has also stated, "[t]he plainness or ambiguity of statutory language is determined by reference to the language itself, the specific context in which that language is used, and the broader context of the statute as a whole."
Here, section 28.246 plainly lays out both the clerk's obligations and the clerk's authority with respect to collection and disbursement of court-ordered debts. It also requires clerks to report certain information to the Legislature. Section 28.246 states that clerks must "collect court costs, fines, and other dispositional assessments and disburse such in accordance with authorizations and procedures as established by general law." It contains requirements applicable to partial payments and payment plans. Finally, section 28.246(6) mandates, in pertinent part:
A clerk of court shall pursue the collection of any fees, service charges, fines, court costs, and liens for the payment of attorney fees and costs pursuant to s. 938.29 which remain unpaid after 90 days by referring the account to a private attorney who is a member in good standing of The Florida Bar or collection agent who is registered and in good standing pursuant to chapter 559. In pursuing the collection of such unpaid financial obligations through a private attorney or collection agent, the clerk . . . must have attempted to collect the unpaid amount through a collection court, collections docket, or other collections process, if any, established by the court, find this to be cost-effective and follow any applicable procurement practices.
The statute does not list the sale of such debts to a third-party purchaser as a permissible option.
You refer to section 938.29, which section 28.246(6) cross-references. Section 938.29(3) pertains to debts or liens imposed where a "defendant-recipient was tried or received the services of a public defender, special assistant public defender, office of criminal conflict and civil regional counsel, or appointed private legal counsel, or received due process services after being found indigent for costs." It provides, in part, that the clerk of the circuit court "shall enforce, satisfy, compromise, settle, subordinate, release, or otherwise dispose of any debt or lien imposed under this section." The only way that a clerk may accomplish such actions is through the specific provisions of section 28.246(6), which unambiguously apply to the "collection of any fees, service charges, fines, court costs, and liens for the payment of attorney fees and costs pursuant to s. 938.29." The phrase "or otherwise dispose," as used in section 938.29, does not suggest that an outright sale of the specified debt is permissible under section 28.246(6).
Conclusion
Based on the foregoing, it is my opinion that, unless and until legislatively or judicially determined otherwise, the Clerk must collect court costs, fines, and other dispositional assessments as specified in section 28.246, Florida Statutes. Because the methods enumerated in that section do not include the sale of such debts to a third-party debt purchaser, the Clerk lacks authority to fulfill applicable statutory collection and disbursement obligations in that manner.
Sincerely,
Ashley Moody
Attorney General