webb fabulous pharmacies beckwith argued decided december held appellee county taking authority florida statute interest accruing interpleader fund deposited registry county taking violative fifth fourteenth amendments fee based amount principal deposited prescribed another florida statute also charged clerk services receiving fund registry deposited fund concededly private required statute order depositor avail statutory protection claims creditors others neither florida legislature statute florida courts judicial decree may accomplish result county sought simply recharacterizing principal deposited fund public money held temporarily earnings fund incidents ownership fund property fund property pp reversed blackmun delivered opinion unanimous harvey alper argued cause filed brief appellants harry stewart argued cause appellees brief gerald knight nikki clayton justice blackmun delivered opinion case presents issue whether constitutional county take authority state statute interest accruing interpleader fund deposited registry county fee prescribed another statute also charged clerk services receiving fund registry statute object constitutional challenge stat february appellant eckerd college park entered agreement purchase substantially assets webb fabulous pharmacies inc eckerd webb florida corporations closing webb debts appeared greater purchase price accordingly order protect permitted florida bulk transfers act stat eckerd filed complaint interpleader circuit seminole county interpleading defendants webb webb creditors almost number tendering purchase price pursuant circuit thereupon ordered amount tendered paid clerk clerk deposit assignable account highest interest app specifically reserved decision issue entitlement clerk webb creditors interest earned fund deposited stating transfer clerk without prejudice creditors claims interest eckerd tendered sum clerk july official proceeded make required investment clerk deducted interpleader fund deposited sum fee prescribed stat services rendered receiving money registry fee statute directed calculated upon amount placed registry first remainder july almost year tender payment circuit upon motion appointed receiver webb among receiver stated duties determination number amount claims filed interpleader fund preparation filing list claims app receiver filed motion order directing clerk deliver fund motion granted principal fund reduced statutory fee paid pursuant order paid receiver july interest earned interpleader fund held clerk turned receiver exceeded interest earned thereafter amount retained brought total tr oral arg aggregate interest subject matter present litigation appellants make objection clerk statutory fee taken pursuant tr oral arg brief appellants receiver moved direct clerk pay accumulated interest receiver app circuit ruled favorably receiver holding clerk entitled interest earned accrued received monies deposited registry pursuant order creditors herein rightful parties entitled interest earned interpleader fund held clerk seminole county clerk appealed florida district appeal transferred cause florida per curiam opinion one justice dissenting part ruled constitutional reversed judgment circuit stated rationale fund deposited considered public money date deposit leaves account statute takes creates unconstitutional taking interest earned clerk circuit registry account private property held elsewhere county appropriation interest earned private funds deposited interpleader action unconstitutional taking sellers harris county tex see mcmillan robeson county noted probable jurisdiction ii apparent florida statutes allow respondent seminole county exact two tolls interpleader fund held clerk first statutory fee services rendered recites clerk office receiving money registry fee determined amount principal deposited second retention amount excess consisting interest accruing moneys deposited toll exacted provision interest shall deemed income office clerk circuit initial reading might prompt one conclude far concerns entitlement interest statute applies interest funds clearly owned county charges certifications apply interest private funds deposited direction another statute florida however read otherwise ruled applies interest earned deposited private funds reading state statute within florida competency must take statute read interpreted iii pertinent words fifth amendment constitution familiar ones shall private property taken public use without compensation prohibition course applies fourteenth amendment chicago chicago penn central transportation new york city task determine whether second exaction seminole county amounted taking obviously uncompensated within amendment proscription principal sum deposited registry plainly private property property seminole county rule florida phipps watson well elsewhere see coudert branch sellers harris county understand appellees contend otherwise far fund principal concerned appellees submit tr oral arg accept proposition apart statute florida law require interest earned registry deposit see course also accept proposition pressed upon us appellees roperty interests created constitution rather created dimensions defined existing rules understandings stem independent source state law board regents roth mere unilateral expectation abstract need property interest entitled protection see example fox river paper railroad willow river power see also penn central transportation new york city supra andrus allard webb creditors however unilateral expectation deposited fund amount received purchase price webb assets property held ultimate benefit webb creditors benefit benefit county held purpose making fair distribution among creditors eventually inevitably fund less proper charges authorized distributed among creditors claims recognized creditors thus property right respective portions fund true course none creditor claimants right deposited fund claims recognized distribution ordered see aron snyder app cert denied lack immediate right however automatically bar claimant ultimately determined entitled share fund claiming proper share interest fruit fund use realized interim sure establishes matter florida law interest earned deposited funds state mandated accrual interest mean state designate entitled assume ownership interest therefore turn interest issue justify county retention interest obvious interest fee services services obligation county paid satisfied substantial fee charged pursuant described specifically statute fee services clerk office section contrast way relates interest speaks services rendered indeed county entitled interest officials feel inherent pressure possess natural inclination defer distribution interest return greater longer fund held therefore disincentive distributing principal entitled usual general rule interest interpleaded deposited fund follows principal allocated ultimately owners principal see james talcott allahabad bank cert denied sub nom city trade industries allahabad bank murphy travelers ins brooks woodington mcmillan robeson county sellers harris county southern oregon gage board law library trustees lowery cal app kiernan cleland idaho florida ruling contrary long established general rule relied words proceeded theory without statute clerk authority invest money held registry way fund assumes temporarily status public money time deposited leaves account statute takes creates follows conclusion interest private property permissive upholding governmental action may deny property owner beneficial use property may restrict owner full exploitation property public action justified promoting general welfare see andrus allard penn central transportation new york city however seminole county merely adjust ed benefits burdens economic life promote common good rather exaction forced contribution general governmental revenues reasonably related costs using courts indeed fifth amendment guarantee designed bar government forcing people alone bear public burdens fairness justice borne public whole armstrong police power justification offered deprivation neither statute appellees suggest reasonable basis sustain taking interest earned interpleader fund county appropriation beneficial use fund analogous appropriation use private property causby found taking government use air space claimant land part flight pattern military aircraft thus destroying use land chicken farm causby emphasized government merely destroyed property using part flight planes penn central quoting causby neither florida legislature statute florida courts judicial decree may accomplish result county seeks simply recharacterizing principal public money held temporarily earnings fund incidents ownership fund property fund property state statute practical effect appropriating county value use fund period held registry put another way state ipse dixit may transform private property public property without compensation even limited duration deposit kind thing taking clause fifth amendment meant prevent clause stands shield arbitrary use governmental power iv hold narrow circumstances case separate distinct state statute authorizing clerk fee services rendered based upon amount principal deposited deposited fund concededly private deposit registry required state statute order depositor avail statutory protection claims creditors others seminole county taking unto laws ch interest earned interpleader fund registry taking violative fifth fourteenth amendments express view constitutionality statute prescribes county retention interest earned interest return county services renders judgment florida reversed ordered footnotes clerk circuit county shall make estimate projected financial needs county shall invest funds designated depository banks certificates direct obligations compliance federal laws relating receipt withdrawal deposits moneys deposited registry shall deposited certificates discretion clerk subject guidelines interest accruing moneys deposited shall deemed income office clerk circuit investing moneys shall deposited accounts fees commissions clerk office clear shall soon practicable end fiscal year report county governing authority total interest earned investments preceding year emphasis supplied section derives uniform commercial code reads transferee may within ten days taking possession goods discharge obligations section action circuit county transferor principal place business state interpleading creditors list creditors required event shall require consideration deposited registry thereupon shall decree goods free clear claims creditors creditors file claims section force read pertinent part clerk circuit shall make following charges services rendered office recording documents instruments performing duties enumerated receiving money registry first percent subsequent percent appellants suggest acted sua sponte continuing insistence clerk seminole county county entitled interest earned fund bring interest period controversy end brief appellants although entirely clear federal constitutional issue presented circuit propriety clerk claim interest clearly raised issue florida constitution see receiver memorandum support motion direction clerk remit original record appeal memorandum however contains least one reference pertinent provisions florida constitution federal counterpart emphasis original due process arguments beginning receiver reply memorandum furthermore circuit granting receiver motion nunc pro tunc order correcting omission record specifically stated laws ch unconstitutional extent provisions thereof pertain private monies held registry pending litigation specifically monies held registry case app event federal constitutional issue appears raised florida see tr oral arg specific reference federal constitution per curiam opinion spoke specifically receiver argument statute constitutes either taking without due process law unlawful tax ruled unconstitutional taking satisfied florida upheld statute federal state constitutional challenges sufficient base consideration federal issue appellees oral argument conceded coupon bonds rather cash deposited registry coupons follow principal claimed county tr oral arg