Bill Text: FL H0481 | 2012 | Regular Session | Comm Sub

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-Comm_Sub.html

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CS/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.; revising language concerning an exemption
9	from charges for services provided to specified
10	officials and their staffs; amending s. 28.244, F.S.;
11	increasing the threshold amount for automatic
12	repayment of overpayments; amending s. 28.345, F.S.;
13	providing for access to clerks' files by state
14	agencies and an exemption from copying fees and
15	charges; limiting the application of an exemption from
16	payment of fees and charges assessed by clerks of
17	circuit courts to official use; amending s. 50.041,
18	F.S.; authorizing the use of electronic proof of
19	publication affidavits; amending s. 119.071, F.S.;
20	requiring certain persons to provide specific
21	information to the clerk to maintain the public
22	records exemption status of certain information;
23	amending s. 197.542, F.S.; authorizing the clerk to
24	issue a refund to the depositor for redeemed property
25	subject to a tax sale; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Section 28.13, Florida Statutes, is amended to
30	read:
31	28.13  To keep Papers and electronic filings.-The clerk of
32	the circuit court shall keep all papers and electronic filings
33	filed in the clerk's office with the utmost care and security,
34	storing them in association with related case arranged in
35	appropriate files and affixing a stamp to the submission
36	indicating (endorsing upon each the date and time when the
37	submission same was filed. The clerk ), and shall not permit any
38	attorney or other person to remove documents, take papers once
39	filed, from the control or custody out of the office of the
40	clerk without leave of the court, except as otherwise is
41	hereinafter provided by law.
42	Section 2.  Subsections (4) through (6) of section 28.222,
43	Florida Statutes, are renumbered as subsections (5) through (7),
44	respectively, and a new subsection (4) is added to that section
45	to read:
46	28.222  Clerk to be county recorder.-
47	(4)  The county recorder shall remove recorded court
48	documents from the Official Records pursuant to a sealing or
49	expunction order.
50	Section 3.  Section 28.24, Florida Statutes, is amended to
51	read:
52	28.24  Service charges by clerk of the circuit court.-The
53	clerk of the circuit court shall charge for services rendered by
54	the clerk's office in recording documents and instruments and in
55	performing the duties enumerated in amounts not to exceed those
56	specified in this section, except as provided in s. 28.345.
57	Notwithstanding any other provision of this section, the clerk
58	of the circuit court shall provide without charge to the state
59	attorney, public defender, guardian ad litem, public guardian,
60	attorney ad litem, criminal conflict and civil regional counsel,
61	and private court-appointed counsel paid by the state, and to
62	the authorized staff acting on behalf of each, access to and a
63	copy of any public record, if the requesting party is entitled
64	by law to view the exempt or confidential record, as maintained
65	by and in the custody of the clerk of the circuit court as
66	provided in general law and the Florida Rules of Judicial
67	Administration. The clerk of the circuit court may provide the
68	requested public record in an electronic format in lieu of a
69	paper format when capable of being accessed by the requesting
70	entity.
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  State access to records; exemption from court-
262	related fees and charges.-
263	(1)  Notwithstanding any other provision of law to the
264	contrary, the clerk of the circuit court shall provide without
265	charge to the state attorney, public defender, guardian ad
266	litem, public guardian, attorney ad litem, criminal conflict and
267	civil regional counsel, and private court-appointed counsel paid
268	by the state, and to the authorized staff acting on behalf of
269	each, access to and a copy of any public record. If the public
270	record is exempt or confidential, the requesting party is only
271	entitled by law to view or copy the exempt or confidential
272	record if authority is provided in general law or the Florida
273	Rules of Judicial Administration. The clerk of the circuit court
274	may provide the requested public record in an electronic format
275	in lieu of a paper format when the requesting entity is capable
276	of accessing it in an electronic format. For purposes of this
277	subsection, the term "copy of a public record" means any
278	facsimile, replica, photograph, or other reproduction of a
279	record.
280	(2)  Notwithstanding any other provision of this chapter or
281	law to the contrary, judges and those court staff acting on
282	behalf of judges, state attorneys, guardians ad litem, public
283	guardians, attorneys ad litem, court-appointed private counsel,
284	criminal conflict and civil regional counsel, and public
285	defenders, and state agencies, while acting in their official
286	capacity, and state agencies, are exempt from all court-related
287	fees and charges assessed by the clerks of the circuit courts.
288	(3)  The exemptions provided in subsections (1) and (2)
289	apply only to state agencies and state entities and the party
290	that an agency or entity is representing. The clerk of court
291	shall collect the filing fees and services charges as required
292	in this chapter from all other parties.
293	Section 6.  Subsection (2) of section 50.041, Florida
294	Statutes, is amended to read:
295	50.041  Proof of publication; uniform affidavits required.-
296	(2)  Each such affidavit shall be printed upon white bond
297	paper containing at least 25 percent rag material and shall be 8
298	1/2 inches in width and of convenient length, not less than 5
299	1/2 inches. A white margin of not less than 2 1/2 inches shall
300	be left at the right side of each affidavit form and upon or in
301	this space shall be substantially pasted a clipping which shall
302	be a true copy of the public notice or legal advertisement for
303	which proof is executed. Alternatively, each such affidavit may
304	be provided in electronic rather than paper form, provided the
305	notarization of the affidavit complies with the requirements of
306	s. 117.021.
307	Section 7.  Paragraph (d) of subsection (4) of section
308	119.071, Florida Statutes, is amended to read:
309	119.071  General exemptions from inspection or copying of
310	public records.-
311	(4)  AGENCY PERSONNEL INFORMATION.-
312	(d)1.a.  The home addresses, telephone numbers, social
313	security numbers, and photographs of active or former law
314	enforcement personnel, including correctional and correctional
315	probation officers, personnel of the Department of Children and
316	Family Services whose duties include the investigation of abuse,
317	neglect, exploitation, fraud, theft, or other criminal
318	activities, personnel of the Department of Health whose duties
319	are to support the investigation of child abuse or neglect, and
320	personnel of the Department of Revenue or local governments
321	whose responsibilities include revenue collection and
322	enforcement or child support enforcement; the home addresses,
323	telephone numbers, social security numbers, photographs, and
324	places of employment of the spouses and children of such
325	personnel; and the names and locations of schools and day care
326	facilities attended by the children of such personnel are exempt
327	from s. 119.07(1).
328	b.  The home addresses, telephone numbers, and photographs
329	of firefighters certified in compliance with s. 633.35; the home
330	addresses, telephone numbers, photographs, and places of
331	employment of the spouses and children of such firefighters; and
332	the names and locations of schools and day care facilities
333	attended by the children of such firefighters are exempt from s.
334	119.07(1).
335	c.  The home addresses and telephone numbers of justices of
336	the Supreme Court, district court of appeal judges, circuit
337	court judges, and county court judges; the home addresses,
338	telephone numbers, and places of employment of the spouses and
339	children of justices and judges; and the names and locations of
340	schools and day care facilities attended by the children of
341	justices and judges are exempt from s. 119.07(1).
342	d.  The home addresses, telephone numbers, social security
343	numbers, and photographs of current or former state attorneys,
344	assistant state attorneys, statewide prosecutors, or assistant
345	statewide prosecutors; the home addresses, telephone numbers,
346	social security numbers, photographs, and places of employment
347	of the spouses and children of current or former state
348	attorneys, assistant state attorneys, statewide prosecutors, or
349	assistant statewide prosecutors; and the names and locations of
350	schools and day care facilities attended by the children of
351	current or former state attorneys, assistant state attorneys,
352	statewide prosecutors, or assistant statewide prosecutors are
353	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
354	Constitution.
355	e.  The home addresses and telephone numbers of general
356	magistrates, special magistrates, judges of compensation claims,
357	administrative law judges of the Division of Administrative
358	Hearings, and child support enforcement hearing officers; the
359	home addresses, telephone numbers, and places of employment of
360	the spouses and children of general magistrates, special
361	magistrates, judges of compensation claims, administrative law
362	judges of the Division of Administrative Hearings, and child
363	support enforcement hearing officers; and the names and
364	locations of schools and day care facilities attended by the
365	children of general magistrates, special magistrates, judges of
366	compensation claims, administrative law judges of the Division
367	of Administrative Hearings, and child support enforcement
368	hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
369	I of the State Constitution if the general magistrate, special
370	magistrate, judge of compensation claims, administrative law
371	judge of the Division of Administrative Hearings, or child
372	support hearing officer provides a written statement that the
373	general magistrate, special magistrate, judge of compensation
374	claims, administrative law judge of the Division of
375	Administrative Hearings, or child support hearing officer has
376	made reasonable efforts to protect such information from being
377	accessible through other means available to the public. This
378	sub-subparagraph is subject to the Open Government Sunset Review
379	Act in accordance with s. 119.15, and shall stand repealed on
380	October 2, 2013, unless reviewed and saved from repeal through
381	reenactment by the Legislature.
382	f.  The home addresses, telephone numbers, and photographs
383	of current or former human resource, labor relations, or
384	employee relations directors, assistant directors, managers, or
385	assistant managers of any local government agency or water
386	management district whose duties include hiring and firing
387	employees, labor contract negotiation, administration, or other
388	personnel-related duties; the names, home addresses, telephone
389	numbers, and places of employment of the spouses and children of
390	such personnel; and the names and locations of schools and day
391	care facilities attended by the children of such personnel are
392	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
393	Constitution.
394	g.  The home addresses, telephone numbers, and photographs
395	of current or former code enforcement officers; the names, home
396	addresses, telephone numbers, and places of employment of the
397	spouses and children of such personnel; and the names and
398	locations of schools and day care facilities attended by the
399	children of such personnel are exempt from s. 119.07(1) and s.
400	24(a), Art. I of the State Constitution.
401	h.  The home addresses, telephone numbers, places of
402	employment, and photographs of current or former guardians ad
403	litem, as defined in s. 39.820; the names, home addresses,
404	telephone numbers, and places of employment of the spouses and
405	children of such persons; and the names and locations of schools
406	and day care facilities attended by the children of such persons
407	are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
408	Constitution, if the guardian ad litem provides a written
409	statement that the guardian ad litem has made reasonable efforts
410	to protect such information from being accessible through other
411	means available to the public. This sub-subparagraph is subject
412	to the Open Government Sunset Review Act in accordance with s.
413	119.15 and shall stand repealed on October 2, 2015, unless
414	reviewed and saved from repeal through reenactment by the
415	Legislature.
416	i.  The home addresses, telephone numbers, and photographs
417	of current or former juvenile probation officers, juvenile
418	probation supervisors, detention superintendents, assistant
419	detention superintendents, juvenile justice detention officers I
420	and II, juvenile justice detention officer supervisors, juvenile
421	justice residential officers, juvenile justice residential
422	officer supervisors I and II, juvenile justice counselors,
423	juvenile justice counselor supervisors, human services counselor
424	administrators, senior human services counselor administrators,
425	rehabilitation therapists, and social services counselors of the
426	Department of Juvenile Justice; the names, home addresses,
427	telephone numbers, and places of employment of spouses and
428	children of such personnel; and the names and locations of
429	schools and day care facilities attended by the children of such
430	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
431	the State Constitution.
432	j.  The home addresses, telephone numbers, and photographs
433	of current or former public defenders, assistant public
434	defenders, criminal conflict and civil regional counsel, and
435	assistant criminal conflict and civil regional counsel; the home
436	addresses, telephone numbers, and places of employment of the
437	spouses and children of such defenders or counsel; and the names
438	and locations of schools and day care facilities attended by the
439	children of such defenders or counsel are exempt from s.
440	119.07(1) and s. 24(a), Art. I of the State Constitution. This
441	sub-subparagraph is subject to the Open Government Sunset Review
442	Act in accordance with s. 119.15 and shall stand repealed on
443	October 2, 2015, unless reviewed and saved from repeal through
444	reenactment by the Legislature.
445	2.  An agency that is the custodian of the information
446	specified in subparagraph 1. and that is not the employer of the
447	officer, employee, justice, judge, or other person specified in
448	subparagraph 1. shall maintain the exempt status of that
449	information only if the officer, employee, justice, judge, other
450	person, or employing agency of the designated employee submits a
451	written request for maintenance of the exemption to the
452	custodial agency. The request must specify the document type,
453	name, identification number, and page number of the record that
454	contains the exempt or confidential information.
455	Section 8.  Subsection (2) of section 197.542, Florida
456	Statutes, is amended to read:
457	197.542  Sale at public auction.-
458	(2)  The certificateholder has the right to bid as others
459	present may bid, and the property shall be struck off and sold
460	to the highest bidder. The high bidder shall post with the clerk
461	a nonrefundable deposit of 5 percent of the bid or $200,
462	whichever is greater, at the time of the sale, to be applied to
463	the sale price at the time of full payment. Notice of the
464	deposit requirement must be posted at the auction site, and the
465	clerk may require bidders to show their willingness and ability
466	to post the deposit. If full payment of the final bid and of
467	documentary stamp tax and recording fees is not made within 24
468	hours, excluding weekends and legal holidays, the clerk shall
469	cancel all bids, readvertise the sale as provided in this
470	section, and pay all costs of the sale from the deposit. Any
471	remaining funds must be applied toward the opening bid. If the
472	property is redeemed prior to the clerk receiving full payment
473	for the issuance of a tax deed, in order to receive a refund of
474	the deposit described in this subsection, the high bidder must
475	submit a request for such refund in writing to the clerk. Upon
476	receipt of the refund request, the clerk shall refund the cash
477	deposit. The clerk may refuse to recognize the bid of any person
478	who has previously bid and refused, for any reason, to honor
479	such bid.
480	Section 9.  This act shall take effect upon becoming a law.

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