Bill Text: FL H0481 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Clerks of Court

Spectrum: Moderate Partisan Bill (? 4-1)

Status: (Failed) 2012-03-09 - Died in Regulated Industries, companion bill(s) passed, see CS/CS/HB 937 (Ch. [H0481 Detail]

Download: Florida-2012-H0481-Introduced.html

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HB 481

1	A bill to be entitled
2	An act relating to clerks of court; amending s. 28.13,
3	F.S.; providing requirements for storage of electronic
4	filings; requiring papers and electronic filings to be
5	electronically time stamped; amending s. 28.222, F.S.;
6	authorizing the clerk to remove sealed or expunged
7	court records from the Official Records; amending s.
8	28.24, F.S.; clarifying provisions concerning free
9	copies of records to specified officials and their
10	staffs; defining the term "copy of a public record"
11	for specified purposes; amending s. 28.244, F.S.;
12	increasing the threshold amount for automatic
13	repayment of overpayments; amending s. 28.345, F.S.;
14	clarifying the application of an exemption from
15	payment of fees and charges assessed by clerks of
16	circuit courts; amending s. 50.041, F.S.; authorizing
17	the use of electronic proof of publication affidavits;
18	amending s. 119.071, F.S.; requiring certain persons
19	to provide specific information to the clerk to
20	maintain the public records exemption status of
21	certain information; amending s. 197.542, F.S.;
22	authorizing the clerk to issue a refund to the
23	depositor for redeemed property subject to a tax sale;
24	providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Section 28.13, Florida Statutes, is amended to
29	read:
30	28.13  To keep Papers and electronic filings.-The clerk of
31	the circuit court shall keep all papers and electronic filings
32	filed in the clerk's office with the utmost care and security,
33	storing them in association with related case arranged in
34	appropriate files and affixing a stamp to the submission
35	indicating (endorsing upon each the date and time when the
36	submission same was filed. The clerk ), and shall not permit any
37	attorney or other person to remove documents, take papers once
38	filed, from the control or custody out of the office of the
39	clerk without leave of the court, except as otherwise is
40	hereinafter provided by law.
41	Section 2.  Subsections (4) through (6) of section 28.222,
42	Florida Statutes, are renumbered as subsections (5) through (7),
43	respectively, and a new subsection (4) is added to that section
44	to read:
45	28.222  Clerk to be county recorder.-
46	(4)  The county recorder shall remove recorded court
47	documents from the Official Records pursuant to a sealing or
48	expunction order.
49	Section 3.  Section 28.24, Florida Statutes, is amended to
50	read:
51	28.24  Service charges by clerk of the circuit court.-The
52	clerk of the circuit court shall charge for services rendered by
53	the clerk's office in recording documents and instruments and in
54	performing the duties enumerated in amounts not to exceed those
55	specified in this section. Notwithstanding any other provision
56	of this section, the clerk of the circuit court shall provide
57	without charge to the state attorney, public defender, guardian
58	ad litem, public guardian, attorney ad litem, criminal conflict
59	and civil regional counsel, and private court-appointed counsel
60	paid by the state, and to the authorized staff acting on behalf
61	of each, access to and a copy of any public record as provided
62	in s. 28.345, if the requesting party is entitled by law to view
63	the exempt or confidential record, as maintained by and in the
64	custody of the clerk of the circuit court as provided in general
65	law and the Florida Rules of Judicial Administration. The clerk
66	of the circuit court may provide the requested public record in
67	an electronic format in lieu of a paper format when capable of
68	being accessed by the requesting entity. For purposes of this
69	section, the term "copy of public a record" means any facsimile,
70	replica, photograph, or other reproduction of a record.
71	Charges
72	(1)  For examining, comparing, correcting, verifying, and
73	certifying transcripts of record in appellate proceedings,
74	prepared by attorney for appellant or someone else other than
75	clerk, per page     5.00
76	(2)  For preparing, numbering, and indexing an original
77	record of appellate proceedings, per instrument     3.50
78	(3)  For certifying copies of any instrument in the public
79	records     2.00
80	(4)  For verifying any instrument presented for
81	certification prepared by someone other than clerk, per page
82	3.50
83	(5)(a)  For making copies by photographic process of any
84	instrument in the public records consisting of pages of not more
85	than 14 inches by 8 1/2 inches, per page     1.00
86	(b)  For making copies by photographic process of any
87	instrument in the public records of more than 14 inches by 8 1/2
88	inches, per page     5.00
89	(6)  For making microfilm copies of any public records:
90	(a)  16 mm 100′ microfilm roll     42.00
91	(b)  35 mm 100′ microfilm roll     60.00
92	(c)  Microfiche, per fiche     3.50
93	(7)  For copying any instrument in the public records by
94	other than photographic process, per page     6.00
95	(8)  For writing any paper other than herein specifically
96	mentioned, same as for copying, including signing and sealing
97	7.00
98	(9)  For indexing each entry not recorded     1.00
99	(10)  For receiving money into the registry of court:
100	(a)1.  First $500, percent     3
101	2.  Each subsequent $100, percent     1.5
102	(b)  Eminent domain actions, per deposit     170.00
103	(11)  For examining, certifying, and recording plats and
104	for recording condominium exhibits larger than 14 inches by 8
105	1/2 inches:
106	(a)  First page     30.00
107	(b)  Each additional page     15.00
108	(12)  For recording, indexing, and filing any instrument
109	not more than 14 inches by 8 1/2 inches, including required
110	notice to property appraiser where applicable:
111	(a)  First page or fraction thereof     5.00
112	(b)  Each additional page or fraction thereof     4.00
113	(c)  For indexing instruments recorded in the official
114	records which contain more than four names, per additional name
115	1.00
116	(d)  An additional service charge shall be paid to the
117	clerk of the circuit court to be deposited in the Public Records
118	Modernization Trust Fund for each instrument listed in s.
119	28.222, except judgments received from the courts and notices of
120	lis pendens, recorded in the official records:
121	1.  First page     1.00
122	2.  Each additional page     0.50
123
124	Said fund shall be held in trust by the clerk and used
125	exclusively for equipment and maintenance of equipment,
126	personnel training, and technical assistance in modernizing the
127	public records system of the office. In a county where the duty
128	of maintaining official records exists in an office other than
129	the office of the clerk of the circuit court, the clerk of the
130	circuit court is entitled to 25 percent of the moneys deposited
131	into the trust fund for equipment, maintenance of equipment,
132	training, and technical assistance in modernizing the system for
133	storing records in the office of the clerk of the circuit court.
134	The fund may not be used for the payment of travel expenses,
135	membership dues, bank charges, staff-recruitment costs, salaries
136	or benefits of employees, construction costs, general operating
137	expenses, or other costs not directly related to obtaining and
138	maintaining equipment for public records systems or for the
139	purchase of furniture or office supplies and equipment not
140	related to the storage of records. On or before December 1,
141	1995, and on or before December 1 of each year immediately
142	preceding each year during which the trust fund is scheduled for
143	legislative review under s. 19(f)(2), Art. III of the State
144	Constitution, each clerk of the circuit court shall file a
145	report on the Public Records Modernization Trust Fund with the
146	President of the Senate and the Speaker of the House of
147	Representatives. The report must itemize each expenditure made
148	from the trust fund since the last report was filed; each
149	obligation payable from the trust fund on that date; and the
150	percentage of funds expended for each of the following:
151	equipment, maintenance of equipment, personnel training, and
152	technical assistance. The report must indicate the nature of the
153	system each clerk uses to store, maintain, and retrieve public
154	records and the degree to which the system has been upgraded
155	since the creation of the trust fund.
156	(e)  An additional service charge of $4 per page shall be
157	paid to the clerk of the circuit court for each instrument
158	listed in s. 28.222, except judgments received from the courts
159	and notices of lis pendens, recorded in the official records.
160	From the additional $4 service charge collected:
161	1.  If the counties maintain legal responsibility for the
162	costs of the court-related technology needs as defined in s.
163	29.008(1)(f)2. and (h), 10 cents shall be distributed to the
164	Florida Association of Court Clerks and Comptroller, Inc., for
165	the cost of development, implementation, operation, and
166	maintenance of the clerks' Comprehensive Case Information
167	System, in which system all clerks shall participate on or
168	before January 1, 2006; $1.90 shall be retained by the clerk to
169	be deposited in the Public Records Modernization Trust Fund and
170	used exclusively for funding court-related technology needs of
171	the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
172	be distributed to the board of county commissioners to be used
173	exclusively to fund court-related technology, and court
174	technology needs as defined in s. 29.008(1)(f)2. and (h) for the
175	state trial courts, state attorney, public defender, and
176	criminal conflict and civil regional counsel in that county. If
177	the counties maintain legal responsibility for the costs of the
178	court-related technology needs as defined in s. 29.008(1)(f)2.
179	and (h), notwithstanding any other provision of law, the county
180	is not required to provide additional funding beyond that
181	provided herein for the court-related technology needs of the
182	clerk as defined in s. 29.008(1)(f)2. and (h). All court records
183	and official records are the property of the State of Florida,
184	including any records generated as part of the Comprehensive
185	Case Information System funded pursuant to this paragraph and
186	the clerk of court is designated as the custodian of such
187	records, except in a county where the duty of maintaining
188	official records exists in a county office other than the clerk
189	of court or comptroller, such county office is designated the
190	custodian of all official records, and the clerk of court is
191	designated the custodian of all court records. The clerk of
192	court or any entity acting on behalf of the clerk of court,
193	including an association, shall not charge a fee to any agency
194	as defined in s. 119.011, the Legislature, or the State Court
195	System for copies of records generated by the Comprehensive Case
196	Information System or held by the clerk of court or any entity
197	acting on behalf of the clerk of court, including an
198	association.
199	2.  If the state becomes legally responsible for the costs
200	of court-related technology needs as defined in s.
201	29.008(1)(f)2. and (h), whether by operation of general law or
202	by court order, $4 shall be remitted to the Department of
203	Revenue for deposit into the General Revenue Fund.
204	(13)  Oath, administering, attesting, and sealing, not
205	otherwise provided for herein     3.50
206	(14)  For validating certificates, any authorized bonds,
207	each     3.50
208	(15)  For preparing affidavit of domicile     5.00
209	(16)  For exemplified certificates, including signing and
210	sealing     7.00
211	(17)  For authenticated certificates, including signing and
212	sealing     7.00
213	(18)(a)  For issuing and filing a subpoena for a witness,
214	not otherwise provided for herein (includes writing, preparing,
215	signing, and sealing)     7.00
216	(b)  For signing and sealing only     2.00
217	(19)  For approving bond     8.50
218	(20)  For searching of records, for each year's search     2.00
219	(21)  For processing an application for a tax deed sale
220	(includes application, sale, issuance, and preparation of tax
221	deed, and disbursement of proceeds of sale), other than excess
222	proceeds     60.00
223	(22)  For disbursement of excess proceeds of tax deed sale,
224	first $100 or fraction thereof     10.00
225	(23)  Upon receipt of an application for a marriage
226	license, for preparing and administering of oath; issuing,
227	sealing, and recording of the marriage license; and providing a
228	certified copy     30.00
229	(24)  For solemnizing matrimony     30.00
230	(25)  For sealing any court file or expungement of any
231	record     42.00
232	(26)(a)  For receiving and disbursing all restitution
233	payments, per payment     3.50
234	(b)  For receiving and disbursing all partial payments,
235	other than restitution payments, for which an administrative
236	processing service charge is not imposed pursuant to s. 28.246,
237	per month     5.00
238	(c)  For setting up a payment plan, a one-time
239	administrative processing charge in lieu of a per month charge
240	under paragraph (b)     25.00
241	(27)  Postal charges incurred by the clerk of the circuit
242	court in any mailing by certified or registered mail shall be
243	paid by the party at whose instance the mailing is made.
244	(28)  For furnishing an electronic copy of information
245	contained in a computer database: a fee as provided for in
246	chapter 119.
247	Section 4.  Section 28.244, Florida Statutes, is amended to
248	read:
249	28.244  Refunds.-A clerk of the circuit court or a filing
250	officer of another office where records are filed who receives
251	payment for services provided and thereafter determines that an
252	overpayment has occurred shall refund to the person who made the
253	payment the amount of any overpayment that exceeds $10 $5. If
254	the amount of the overpayment is $10 $5 or less, the clerk of
255	the circuit court or a filing officer of another office where
256	records are filed is not required to refund the amount of the
257	overpayment unless the person who made the overpayment makes a
258	written request.
259	Section 5.  Section 28.345, Florida Statutes, is amended to
260	read:
261	28.345  Exemption from court-related fees and charges.-
262	(1)  Notwithstanding any other provision of this chapter or
263	law to the contrary, judges and those court staff acting on
264	behalf of judges, state attorneys, guardians ad litem, public
265	guardians, attorneys ad litem, court-appointed private counsel,
266	criminal conflict and civil regional counsel, and public
267	defenders, acting in their official capacity, and state
268	agencies, are exempt from all court-related fees and charges
269	assessed by the clerks of the circuit courts.
270	(2)  The exemption provided in subsection (1) for state
271	agencies applies only to the state agency and the party it is
272	representing. The clerk of court shall collect the filing fees
273	and services charges as required in this chapter from all other
274	parties.
275	Section 6.  Subsection (2) of section 50.041, Florida
276	Statutes, is amended to read:
277	50.041  Proof of publication; uniform affidavits required.-
278	(2)  Each such affidavit shall be printed upon white bond
279	paper containing at least 25 percent rag material and shall be 8
280	1/2 inches in width and of convenient length, not less than 5
281	1/2 inches. A white margin of not less than 2 1/2 inches shall
282	be left at the right side of each affidavit form and upon or in
283	this space shall be substantially pasted a clipping which shall
284	be a true copy of the public notice or legal advertisement for
285	which proof is executed. Alternatively, each such affidavit may
286	be provided in electronic rather than paper form, provided the
287	notarization of the affidavit complies with the requirements of
288	s. 117.021.
289	Section 7.  Paragraph (d) of subsection (4) of section
290	119.071, Florida Statutes, is amended to read:
291	119.071  General exemptions from inspection or copying of
292	public records.-
293	(4)  AGENCY PERSONNEL INFORMATION.-
294	(d)1.a.  The home addresses, telephone numbers, social
295	security numbers, and photographs of active or former law
296	enforcement personnel, including correctional and correctional
297	probation officers, personnel of the Department of Children and
298	Family Services whose duties include the investigation of abuse,
299	neglect, exploitation, fraud, theft, or other criminal
300	activities, personnel of the Department of Health whose duties
301	are to support the investigation of child abuse or neglect, and
302	personnel of the Department of Revenue or local governments
303	whose responsibilities include revenue collection and
304	enforcement or child support enforcement; the home addresses,
305	telephone numbers, social security numbers, photographs, and
306	places of employment of the spouses and children of such
307	personnel; and the names and locations of schools and day care
308	facilities attended by the children of such personnel are exempt
309	from s. 119.07(1).
310	b.  The home addresses, telephone numbers, and photographs
311	of firefighters certified in compliance with s. 633.35; the home
312	addresses, telephone numbers, photographs, and places of
313	employment of the spouses and children of such firefighters; and
314	the names and locations of schools and day care facilities
315	attended by the children of such firefighters are exempt from s.
316	119.07(1).
317	c.  The home addresses and telephone numbers of justices of
318	the Supreme Court, district court of appeal judges, circuit
319	court judges, and county court judges; the home addresses,
320	telephone numbers, and places of employment of the spouses and
321	children of justices and judges; and the names and locations of
322	schools and day care facilities attended by the children of
323	justices and judges are exempt from s. 119.07(1).
324	d.  The home addresses, telephone numbers, social security
325	numbers, and photographs of current or former state attorneys,
326	assistant state attorneys, statewide prosecutors, or assistant
327	statewide prosecutors; the home addresses, telephone numbers,
328	social security numbers, photographs, and places of employment
329	of the spouses and children of current or former state
330	attorneys, assistant state attorneys, statewide prosecutors, or
331	assistant statewide prosecutors; and the names and locations of
332	schools and day care facilities attended by the children of
333	current or former state attorneys, assistant state attorneys,
334	statewide prosecutors, or assistant statewide prosecutors are
335	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
336	Constitution.
337	e.  The home addresses and telephone numbers of general
338	magistrates, special magistrates, judges of compensation claims,
339	administrative law judges of the Division of Administrative
340	Hearings, and child support enforcement hearing officers; the
341	home addresses, telephone numbers, and places of employment of
342	the spouses and children of general magistrates, special
343	magistrates, judges of compensation claims, administrative law
344	judges of the Division of Administrative Hearings, and child
345	support enforcement hearing officers; and the names and
346	locations of schools and day care facilities attended by the
347	children of general magistrates, special magistrates, judges of
348	compensation claims, administrative law judges of the Division
349	of Administrative Hearings, and child support enforcement
350	hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
351	I of the State Constitution if the general magistrate, special
352	magistrate, judge of compensation claims, administrative law
353	judge of the Division of Administrative Hearings, or child
354	support hearing officer provides a written statement that the
355	general magistrate, special magistrate, judge of compensation
356	claims, administrative law judge of the Division of
357	Administrative Hearings, or child support hearing officer has
358	made reasonable efforts to protect such information from being
359	accessible through other means available to the public. This
360	sub-subparagraph is subject to the Open Government Sunset Review
361	Act in accordance with s. 119.15, and shall stand repealed on
362	October 2, 2013, unless reviewed and saved from repeal through
363	reenactment by the Legislature.
364	f.  The home addresses, telephone numbers, and photographs
365	of current or former human resource, labor relations, or
366	employee relations directors, assistant directors, managers, or
367	assistant managers of any local government agency or water
368	management district whose duties include hiring and firing
369	employees, labor contract negotiation, administration, or other
370	personnel-related duties; the names, home addresses, telephone
371	numbers, and places of employment of the spouses and children of
372	such personnel; and the names and locations of schools and day
373	care facilities attended by the children of such personnel are
374	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
375	Constitution.
376	g.  The home addresses, telephone numbers, and photographs
377	of current or former code enforcement officers; the names, home
378	addresses, telephone numbers, and places of employment of the
379	spouses and children of such personnel; and the names and
380	locations of schools and day care facilities attended by the
381	children of such personnel are exempt from s. 119.07(1) and s.
382	24(a), Art. I of the State Constitution.
383	h.  The home addresses, telephone numbers, places of
384	employment, and photographs of current or former guardians ad
385	litem, as defined in s. 39.820; the names, home addresses,
386	telephone numbers, and places of employment of the spouses and
387	children of such persons; and the names and locations of schools
388	and day care facilities attended by the children of such persons
389	are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
390	Constitution, if the guardian ad litem provides a written
391	statement that the guardian ad litem has made reasonable efforts
392	to protect such information from being accessible through other
393	means available to the public. This sub-subparagraph is subject
394	to the Open Government Sunset Review Act in accordance with s.
395	119.15 and shall stand repealed on October 2, 2015, unless
396	reviewed and saved from repeal through reenactment by the
397	Legislature.
398	i.  The home addresses, telephone numbers, and photographs
399	of current or former juvenile probation officers, juvenile
400	probation supervisors, detention superintendents, assistant
401	detention superintendents, juvenile justice detention officers I
402	and II, juvenile justice detention officer supervisors, juvenile
403	justice residential officers, juvenile justice residential
404	officer supervisors I and II, juvenile justice counselors,
405	juvenile justice counselor supervisors, human services counselor
406	administrators, senior human services counselor administrators,
407	rehabilitation therapists, and social services counselors of the
408	Department of Juvenile Justice; the names, home addresses,
409	telephone numbers, and places of employment of spouses and
410	children of such personnel; and the names and locations of
411	schools and day care facilities attended by the children of such
412	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
413	the State Constitution.
414	j.  The home addresses, telephone numbers, and photographs
415	of current or former public defenders, assistant public
416	defenders, criminal conflict and civil regional counsel, and
417	assistant criminal conflict and civil regional counsel; the home
418	addresses, telephone numbers, and places of employment of the
419	spouses and children of such defenders or counsel; and the names
420	and locations of schools and day care facilities attended by the
421	children of such defenders or counsel are exempt from s.
422	119.07(1) and s. 24(a), Art. I of the State Constitution. This
423	sub-subparagraph is subject to the Open Government Sunset Review
424	Act in accordance with s. 119.15 and shall stand repealed on
425	October 2, 2015, unless reviewed and saved from repeal through
426	reenactment by the Legislature.
427	2.  An agency that is the custodian of the information
428	specified in subparagraph 1. and that is not the employer of the
429	officer, employee, justice, judge, or other person specified in
430	subparagraph 1. shall maintain the exempt status of that
431	information only if the officer, employee, justice, judge, other
432	person, or employing agency of the designated employee submits a
433	written request for maintenance of the exemption to the
434	custodial agency. The request must specify the document type,
435	name, identification number, and page number of the record that
436	contains the exempt or confidential information.
437	Section 8.  Subsection (2) of section 197.542, Florida
438	Statutes, is amended to read:
439	197.542  Sale at public auction.-
440	(2)   The certificateholder has the right to bid as others
441	present may bid, and the property shall be struck off and sold
442	to the highest bidder. The high bidder shall post with the clerk
443	a nonrefundable deposit of 5 percent of the bid or $200,
444	whichever is greater, at the time of the sale, to be applied to
445	the sale price at the time of full payment. Notice of the
446	deposit requirement must be posted at the auction site, and the
447	clerk may require bidders to show their willingness and ability
448	to post the deposit. If full payment of the final bid and of
449	documentary stamp tax and recording fees is not made within 24
450	hours, excluding weekends and legal holidays, the clerk shall
451	cancel all bids, readvertise the sale as provided in this
452	section, and pay all costs of the sale from the deposit. Any
453	remaining funds must be applied toward the opening bid. If the
454	property is redeemed prior to the clerk receiving full payment
455	for the issuance of a tax deed, in order to receive a refund of
456	the deposit described in this subsection, the high bidder must
457	submit a request for such refund in writing to the clerk. Upon
458	receipt of the refund request, the clerk shall refund the cash
459	deposit consistent with s. 197.182(1)(c). The clerk may refuse
460	to recognize the bid of any person who has previously bid and
461	refused, for any reason, to honor such bid.
462	Section 9.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.