Bill Text: FL S0556 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Clerks of the Court
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2013-06-06 - Chapter No. 2013-109 [S0556 Detail]
Download: Florida-2013-S0556-Introduced.html
Bill Title: Clerks of the Court
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2013-06-06 - Chapter No. 2013-109 [S0556 Detail]
Download: Florida-2013-S0556-Introduced.html
Florida Senate - 2013 SB 556 By Senator Ring 29-00363A-13 2013556__ 1 A bill to be entitled 2 An act relating to clerks of the court; amending s. 3 28.13, F.S.; providing requirements for the storage of 4 papers and electronic filings and requiring that they 5 be stamped with the date and time of submission; 6 requiring the clerk to retain control and custody of 7 filed documents; amending s. 28.222, F.S.; authorizing 8 the clerk to remove certain court records from the 9 Official Records; amending s. 28.24, F.S.; deleting 10 provisions exempting specified persons from service 11 fees; amending s. 28.244, F.S.; increasing the 12 threshold amount for automatic repayment of 13 overpayments; amending s. 28.345, F.S.; requiring that 14 the clerk provide access to public records without 15 charge to certain persons, subject to a limitation and 16 an exception; authorizing the clerk to provide public 17 records in an electronic format under certain 18 circumstances; amending s. 57.081, F.S.; clarifying 19 that, with the exception of charges for issuance of a 20 summons, the prepayment of costs is not required upon 21 a certification of indigence; amending s. 57.082, 22 F.S.; providing for the inclusion of certain filing 23 fees in payment plans; amending s. 101.151, F.S.; 24 clarifying when the office title “Clerk of the Circuit 25 Court and Comptroller” may be used; amending s. 26 119.0714, F.S.; requiring that certain requests for 27 maintenance of a public record exemption specify 28 certain information; amending s. 194.032, F.S.; 29 requiring that the property appraiser, rather than the 30 clerk, provide the property record card to a 31 petitioner regardless of whether the petitioner 32 initiates evidence exchange; amending s. 197.502, 33 F.S.; providing for the payment of fees for initial 34 and subsequent title searches and specifying that they 35 must be added to the opening bid; specifying that the 36 opening bid on an individual certificate must include 37 accrued delinquent taxes; specifying that the opening 38 bid on a county-held or individual certificate must 39 include interest and costs related to service of 40 notice; authorizing the clerk to collect from the 41 certificateholder all amounts included in the opening 42 bid before the sale, subject to certain exceptions; 43 providing for the accrual of interest and for 44 calculation of the opening bid for individual 45 certificates placed on the list of lands available for 46 taxes; deleting a requirement that fees collected be 47 refunded to the certificateholder if a tax deed sale 48 is canceled; making technical changes; amending s. 49 197.542, F.S.; specifying the bid process for tax deed 50 sales at public auction; providing for the accrual of 51 interest and calculation of the opening bid; requiring 52 the clerk to notify the certificateholder of any 53 amounts that must be paid; requiring the 54 certificateholder to remit payment within a specified 55 time; authorizing the clerk to issue a refund to the 56 depositor if a property is redeemed before the clerk 57 receives full payment for the issuance of a tax deed; 58 providing for cancelation of a tax deed application 59 within a specified timeframe; amending s. 197.582, 60 F.S.; providing a procedure for the disbursement of 61 proceeds from a tax deed sale if delinquent or current 62 taxes are due; amending s. 938.30, F.S.; providing 63 that the state is not required to pay fees to enforce 64 judgment for costs and fines; providing an effective 65 date. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1. Section 28.13, Florida Statutes, is amended to 70 read: 71 28.13To keepPapers and electronic filings.—The clerk of 72 the circuit court must maintainshallkeepall papers and 73 electronic filingsfiledin the clerk’s office with the utmost 74 care and security, storing them with related casearranged in75appropriatefiles and affixing a stamp, which may be electronic, 76 to each submission indicating(endorsing upon eachthe date and 77 time thatwhenthe submissionsamewas filed. The clerk may),78andshallnot permit any attorney or other person to remove 79 filed documents from the control or custodytake papers once80filed out of the officeof the clerk without leave of the court, 81 except as otherwiseis hereinafterprovided by law. 82 Section 2. Present subsections (4) through (6) of section 83 28.222, Florida Statutes, are renumbered as subsections (5) 84 through (7), respectively, and a new subsection (4) is added to 85 that section to read: 86 28.222 Clerk to be county recorder.— 87 (4) The county recorder shall remove recorded court 88 documents from the Official Records pursuant to a sealing or 89 expunction order. 90 Section 3. Section 28.24, Florida Statutes, is amended to 91 read: 92 28.24 Service chargesby clerk of the circuit court.—The 93 clerk of the circuit court shall charge for services rendered 94 manually or electronically by the clerk’s office in recording 95 documents and instruments and in performing other specifiedthe96 duties. These charges mayenumerated in amountsnottoexceed 97 those specified in this section, except as provided in s. 98 28.345.Notwithstanding any other provision of this section, the99clerk of the circuit court shall provide without charge to the100state attorney, public defender, guardian ad litem, public101guardian, attorney ad litem, criminal conflict and civil102regional counsel, and private court-appointed counsel paid by103the state, and to the authorized staff acting on behalf of each,104access to and a copy of any public record, if the requesting105party is entitled by law to view the exempt or confidential106record, as maintained by and in the custody of the clerk of the107circuit court as provided in general law and the Florida Rules108of Judicial Administration. The clerk of the circuit court may109provide the requested public record in an electronic format in110lieu of a paper format when capable of being accessed by the111requesting entity.112 113 Charges 114 115 (1) For examining, comparing, correcting, verifying, and 116 certifying transcripts of record in appellate proceedings, 117 prepared by attorney for appellant or someone else other than 118 clerk, per page.............................................5.00 119 (2) For preparing, numbering, and indexing an original 120 record of appellate proceedings, per instrument.............3.50 121 (3) For certifying copies of any instrument in the public 122 records.....................................................2.00 123 (4) For verifying any instrument presented for 124 certification prepared by someone other than clerk, per page3.50 125 (5)(a) For making copies by photographic process of any 126 instrument in the public records consisting of pages of not more 127 than 14 inches by 8 1/2 inches, per page....................1.00 128 (b) For making copies by photographic process of any 129 instrument in the public records of more than 14 inches by 8 1/2 130 inches, per page............................................5.00 131 (6) For making microfilm copies of any public records: 132 (a) 16 mm 100′ microfilm roll.......................42.00 133 (b) 35 mm 100′ microfilm roll.......................60.00 134 (c) Microfiche, per fiche............................3.50 135 (7) For copying any instrument in the public records by 136 other than photographic process, per page...................6.00 137 (8) For writing any paper other than herein specifically 138 mentioned, same as for copying, including signing and sealing7.00 139 (9) For indexing each entry not recorded.............1.00 140 (10) For receiving money into the registry of court: 141 (a)1. First $500, percent...............................3 142 2. Each subsequent $100, percent......................1.5 143 (b) Eminent domain actions, per deposit............170.00 144 (11) For examining, certifying, and recording plats and for 145 recording condominium exhibits larger than 14 inches by 8 1/2 146 inches: 147 (a) First page......................................30.00 148 (b) Each additional page............................15.00 149 (12) For recording, indexing, and filing any instrument not 150 more than 14 inches by 8 1/2 inches, including required notice 151 to property appraiser where applicable: 152 (a) First page or fraction thereof...................5.00 153 (b) Each additional page or fraction thereof.........4.00 154 (c) For indexing instruments recorded in the official 155 records which contain more than four names, per additional name1.00 156 (d) An additional service charge mustshallbe paid to the 157 clerk of the circuit court to be deposited in the Public Records 158 Modernization Trust Fund for each instrument listed in s. 159 28.222, except judgments received from the courts and notices of 160 lis pendens, recorded in the official records: 161 1. First page........................................1.00 162 2. Each additional page..............................0.50 163 164 Said fund mustshallbe held in trust by the clerk and used 165 exclusively for equipment and maintenance of equipment, 166 personnel training, and technical assistance in modernizing the 167 public records system of the office. In a county where the duty 168 of maintaining official records exists in an office other than 169 the office of the clerk of the circuit court, the clerk of the 170 circuit court is entitled to 25 percent of the moneys deposited 171 into the trust fund for equipment, maintenance of equipment, 172 training, and technical assistance in modernizing the system for 173 storing records in the office of the clerk of the circuit court. 174 The fund may not be used for the payment of travel expenses, 175 membership dues, bank charges, staff-recruitment costs, salaries 176 or benefits of employees, construction costs, general operating 177 expenses, or other costs not directly related to obtaining and 178 maintaining equipment for public records systems or for the 179 purchase of furniture or office supplies and equipment not 180 related to the storage of records. On or before December 1, 181 1995, and on or before December 1 of each year immediately 182 preceding each year during which the trust fund is scheduled for 183 legislative review under s. 19(f)(2), Art. III of the State 184 Constitution, each clerk of the circuit court shall file a 185 report on the Public Records Modernization Trust Fund with the 186 President of the Senate and the Speaker of the House of 187 Representatives. The report must itemize each expenditure made 188 from the trust fund since the last report was filed; each 189 obligation payable from the trust fund on that date; and the 190 percentage of funds expended for each of the following: 191 equipment, maintenance of equipment, personnel training, and 192 technical assistance. The report must indicate the nature of the 193 system each clerk uses to store, maintain, and retrieve public 194 records and the degree to which the system has been upgraded 195 since the creation of the trust fund. 196 (e) An additional service charge of $4 per page shall be 197 paid to the clerk of the circuit court for each instrument 198 listed in s. 28.222, except judgments received from the courts 199 and notices of lis pendens, recorded in the official records. 200 From the additional $4 service charge collected: 201 1. If the counties maintain legal responsibility for the 202 costs of the court-related technology needs as defined in s. 203 29.008(1)(f)2. and (h), 10 cents shall be distributed to the 204 Florida Association of Court Clerks and Comptrollers, Inc., for 205 the cost of development, implementation, operation, and 206 maintenance of the clerks’ Comprehensive Case Information 207 System; $1.90 shall be retained by the clerk to be deposited in 208 the Public Records Modernization Trust Fund and used exclusively 209 for funding court-related technology needs of the clerk as 210 defined in s. 29.008(1)(f)2. and (h); and $2 shall be 211 distributed to the board of county commissioners to be used 212 exclusively to fund court-related technology, and court 213 technology needs as defined in s. 29.008(1)(f)2. and (h) for the 214 state trial courts, state attorney, public defender, and 215 criminal conflict and civil regional counsel in that county. If 216 the counties maintain legal responsibility for the costs of the 217 court-related technology needs as defined in s. 29.008(1)(f)2. 218 and (h), notwithstanding any other provision of law, the county 219 is not required to provide additional funding beyond that 220 provided herein for the court-related technology needs of the 221 clerk as defined in s. 29.008(1)(f)2. and (h). All court records 222 and official records are the property of the State of Florida, 223 including any records generated as part of the Comprehensive 224 Case Information System funded pursuant to this paragraph and 225 the clerk of court is designated as the custodian of such 226 records, except in a county where the duty of maintaining 227 official records exists in a county office other than the clerk 228 of court or comptroller, such county office is designated the 229 custodian of all official records, and the clerk of court is 230 designated the custodian of all court records. The clerk of 231 court or any entity acting on behalf of the clerk of court, 232 including an association, mayshallnot charge a fee to any 233 agency as defined in s. 119.011, the Legislature, or the State 234 Court System for copies of records generated by the 235 Comprehensive Case Information System or held by the clerk of 236 court or any entity acting on behalf of the clerk of court, 237 including an association. 238 2. If the state becomes legally responsible for the costs 239 of court-related technology needs as defined in s. 240 29.008(1)(f)2. and (h), whether by operation of general law or 241 by court order, $4 shall be remitted to the Department of 242 Revenue for deposit into the General Revenue Fund. 243 (13) Oath, administering, attesting, and sealing, not 244 otherwise provided for herein...............................3.50 245 (14) For validating certificates, any authorized bonds, 246 each........................................................3.50 247 (15) For preparing affidavit of domicile.............5.00 248 (16) For exemplified certificates, including signing and 249 sealing.....................................................7.00 250 (17) For authenticated certificates, including signing and 251 sealing.....................................................7.00 252 (18)(a) For issuing and filing a subpoena for a witness, 253 not otherwise provided for herein (includes writing, preparing, 254 signing, and sealing).......................................7.00 255 (b) For signing and sealing only.....................2.00 256 (19) For approving bond..............................8.50 257 (20) For searching of records, for each year’s search2.00 258 (21) For processing an application for a tax deed sale 259 (includes application, sale, issuance, and preparation of tax 260 deed, and disbursement of proceeds of sale), other than excess 261 proceeds...................................................60.00 262 (22) For disbursement of excess proceeds of tax deed sale, 263 first $100 or fraction thereof.............................10.00 264 (23) Upon receipt of an application for a marriage license, 265 for preparing and administering of oath; issuing, sealing, and 266 recording of the marriage license; and providing a certified 267 copy.......................................................30.00 268 (24) For solemnizing matrimony......................30.00 269 (25) For sealing any court file or expungement of any 270 record.....................................................42.00 271 (26)(a) For receiving and disbursing all restitution 272 payments, per payment.......................................3.50 273 (b) For receiving and disbursing all partial payments, 274 other than restitution payments, for which an administrative 275 processing service charge is not imposed pursuant to s. 28.246, 276 per month...................................................5.00 277 (c) For setting up a payment plan, a one-time 278 administrative processing charge in lieu of a per month charge 279 under paragraph (b)........................................25.00 280 (27) Postal charges incurred by the clerk of the circuit 281 court in any mailing by certified or registered mail mustshall282 be paid by the party at whose instance the mailing is made. 283 (28) For furnishing an electronic copy of information 284 contained in a computer database: a fee as provided for in 285 chapter 119. 286 Section 4. Section 28.244, Florida Statutes, is amended to 287 read: 288 28.244 Refunds.—A clerk of the circuit court or a filing 289 officer of another office where records are filed who receives 290 payment for services provided and thereafter determines that an 291 overpayment has occurred shall refund to the person who made the 292 payment the amount of any overpayment that exceeds $10$5. If 293 the amount of the overpayment is $10$5or less, the clerk of 294 the circuit court or a filing officer of another office where 295 records are filed is not required to refund the amount of the 296 overpayment unless the person who made the overpayment makes a 297 written request. 298 Section 5. Section 28.345, Florida Statutes, is amended to 299 read: 300 28.345 State access to records; exemption from court 301 related fees and charges.— 302 (1) Notwithstanding any other provision of law, the clerk 303 of the circuit court shall, upon request, provide access to 304 public records without charge to the state attorney, public 305 defender, guardian ad litem, public guardian, attorney ad litem, 306 criminal conflict and civil regional counsel, and private court 307 appointed counsel paid by the state, and to authorized staff 308 acting on their behalf. The clerk of court shall also provide a 309 copy of a public record by facsimile, replica, photograph, or 310 other reproduction. If the public record is exempt or 311 confidential, the requesting party may view or copy the exempt 312 or confidential record only if authority is provided in general 313 law or the Florida Rules of Judicial Administration. The clerk 314 of court may provide the requested public record in an 315 electronic format in lieu of a paper format when the requesting 316 entity is capable of accessing it electronically. 317 (2) Notwithstanding any otherprovision of this chapter or318 law to the contrary, judges and those court staff acting on 319 behalf of judges, state attorneys, guardians ad litem, public 320 guardians, attorneys ad litem, court-appointed private counsel, 321 criminal conflict and civil regional counsel,andpublic 322 defenders, and state agencies, while acting in their official 323 capacity,and state agencies,are exempt from all court-related 324 fees and charges assessed by the clerks of the circuit courts. 325 (3) The exemptions provided in this section apply only to 326 state agencies and state entities and the party represented by 327 the agency or entity. The clerk of court shall collect from all 328 other parties the filing fees and service charges as required in 329 this chapter. 330 Section 6. Subsection (1) of section 57.081, Florida 331 Statutes, is amended to read: 332 57.081 Costs; right to proceed where prepayment of costs 333 and payment of filing fees waived.— 334 (1) Any indigent person, except a prisoner as defined in s. 335 57.085, who is a party or intervenor in any judicial or 336 administrative agency proceeding or who initiates such 337 proceeding shall receive the services of the courts, sheriffs, 338 and clerks, with respect to such proceedings, despite his or her 339 present inability to pay for these services. Such services are 340 limited to filing fees; service of process; certified copies of 341 orders or final judgments; a single photocopy of any court 342 pleading, record, or instrument filed with the clerk; examining 343 fees; mediation services and fees; private court-appointed 344 counsel fees; subpoena fees and services; service charges for 345 collecting and disbursing funds; and any other cost or service 346 arising out of pending litigation. In any appeal from an 347 administrative agency decision, for which the clerk is 348 responsible for preparing the transcript, the clerk shall record 349 the cost of preparing the transcripts and the cost for copies of 350 any exhibits in the record. Prepayment of costs to any court, 351 clerk, or sheriff is not required and payment of filing fees is 352 not required in any action if the party has obtained in each 353 proceeding a certification of indigence in accordance with s. 354 27.52 or s. 57.082A party who has obtained a certification of355indigence pursuant to s.27.52or s.57.082with respect to a356proceeding is not required to prepay costs to a court, clerk, or357sheriff and is not required to pay filing fees or charges for358issuance of a summons. 359 Section 7. Subsection (6) of section 57.082, Florida 360 Statutes, is amended to read: 361 57.082 Determination of civil indigent status.— 362 (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the 363 clerk or the court determines is indigent for civil proceedings 364 under this section shall be enrolled in a payment plan under s. 365 28.246 and shall be charged a one-time administrative processing 366 charge under s. 28.24(26)(c). A monthly payment amount, 367 calculated based upon all fees and all anticipated costs, is 368 presumed to correspond to the person’s ability to pay if it does 369 not exceed 2 percent of the person’s annual net income, as 370 defined in subsection (1), divided by 12. The person may seek 371 review of the clerk’s decisions regarding a payment plan 372 established under s. 28.246 in the court having jurisdiction 373 over the matter. A case may not be impeded in any way, delayed 374 in filing, or delayed in its progress, including the final 375 hearing and order, due to nonpayment of any fees or costs by an 376 indigent person.Filing fees waived from payment under s.57.081377may not be included in the calculation related to a payment plan378established under this section.379 Section 8. Paragraph (a) of subsection (2) of section 380 101.151, Florida Statutes, is amended to read: 381 101.151 Specifications for ballots.— 382 (2)(a) The ballot must includeshall havethe following 383 office titles aboveunder which shall appearthe names of the 384 candidates for the respective offices in the following order: 385 1. The office titles of President and Vice President above 386and thereunderthe names of the candidates for President and 387 Vice President of the United States nominated by the political 388 party that received the highest vote for Governor in the last 389 general election of the Governor in this state, followed by.390Then shall appearthe names of other candidates for President 391 and Vice President of the United States who have been properly 392 nominated. 393 2. The office titles of United States Senator and 394 Representative in Congress. 395 3. The office titles of Governor and Lieutenant Governor; 396 Attorney General; Chief Financial Officer; Commissioner of 397 Agriculture; State Attorney, with the applicable judicial 398 circuit; and Public Defender, with the applicable judicial 399 circuit. 400 4. The office titles of State Senator and State 401 Representative, with the applicable district for the office 402 printed beneath. 403 5. The office titles of Clerk of the Circuit Court,or, 404 when the Clerk of the Circuit Court also serves as the County 405 Comptroller, Clerk of the Circuit Court and Comptroller, 406(whichever is applicable andwhen authorized by law;),Clerk of 407 the County Court,(when authorized by law;),Sheriff;,Property 408 Appraiser;,Tax Collector;,District Superintendent of Schools;,409 and Supervisor of Elections. 410 6. The office titles of Board of County Commissioners, with 411 the applicable district printed beneath each office, and such 412 other county and district offices as are involved in the 413 election, in the order fixed by the Department of State, 414 followed, in the year of their election, by “Party Offices,” and 415 thereunder the offices of state and county party executive 416 committee members. 417 Section 9. Paragraph (f) is added to subsection (2) of 418 section 119.0714, Florida Statutes, and section (3) is amended, 419 to read: 420 119.0714 Court files; court records; official records.— 421 (2) COURT RECORDS.— 422 (f) A request for maintenance of a public records exemption 423 in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must 424 specify the document type, name, identification number, and page 425 number of the court record that contains the exempt information. 426 (3) OFFICIAL RECORDS.— 427(a)AAnyperson who prepares or files a record for 428 recording in the official records as provided in chapter 28 may 429 not include in that record a social security number or a bank 430 account, debit, charge, or credit card number unless otherwise 431 expressly required by law. 432 (a)(b)1.If a social security number or a bank account, 433 debit, charge, or credit card number is included in an official 434 record, such number may be made available as part of the 435 official records available for public inspection and copying 436 unless redaction is requested by the holder of such number or by 437 the holder’s attorney or legal guardian. 438 1.2.If such record is in electronic format, on January 1, 439 2011, and thereafter, the county recorder must use his or her 440 best effort, as provided in paragraph (d)(h), to keep social 441 security numbers confidential and exempt as provided for in s. 442 119.071(5)(a), and to keep complete bank account, debit, charge, 443 and credit card numbers exempt as provided for in s. 444 119.071(5)(b), without any person having to request redaction. 445 2.3.Section 119.071(5)(a)7. and 8. does not apply to the 446 county recorder with respect to official records. 447 (b)(c)The holder of a social security number or a bank 448 account, debit, charge, or credit card number, or the holder’s 449 attorney or legal guardian, may request that a county recorder 450 redact from an image or copy of an official record placed on a 451 county recorder’s publicly available Internet website or on a 452 publicly available Internet website used by a county recorder to 453 display public records, or otherwise made electronically 454 available to the public, his or her social security number or 455 bank account, debit, charge, or credit card number contained in 456 that official record. 457 1.(d)A request for redaction must be a signed, legibly 458 written request and must be delivered by mail, facsimile, 459 electronic transmission, or in person to the county recorder. 460 The request must specify the identification page number of the 461 record that contains the number to be redacted. 462 2.(e)The county recorder does not have a duty to inquire 463 beyond the written request to verify the identity of a person 464 requesting redaction. 465 3.(f)A fee may not be charged for redacting a social 466 security number or a bank account, debit, charge, or credit card 467 number. 468 (c)(g)A county recorder shall immediately and 469 conspicuously post signs throughout his or her offices for 470 public viewing, and shall immediately and conspicuously post on 471 any Internet website or remote electronic site made available by 472 the county recorder and used for the ordering or display of 473 official records or images or copies of official records, a 474 notice stating, in substantially similar form, the following: 475 1. On or after October 1, 2002, any person preparing or 476 filing a record for recordation in the official records may not 477 include a social security number or a bank account, debit, 478 charge, or credit card number in such document unless required 479 by law. 480 2. Any person has a right to request a county recorder to 481 remove from an image or copy of an official record placed on a 482 county recorder’s publicly available Internet website or on a 483 publicly available Internet website used by a county recorder to 484 display public records, or otherwise made electronically 485 available to the general public, any social security number 486 contained in an official record. Such request must be made in 487 writing and delivered by mail, facsimile, or electronic 488 transmission, or delivered in person, to the county recorder. 489 The request must specify the identification page number that 490 contains the social security number to be redacted. A fee may 491 not be charged for the redaction of a social security number 492 pursuant to such a request. 493 (d)(h)If the county recorder accepts or stores official 494 records in an electronic format, the county recorder must use 495 his or her best efforts to redact all social security numbers 496 and bank account, debit, charge, or credit card numbers from 497 electronic copies of the official record. The use of an 498 automated program for redaction isshall bedeemed to be the 499 best effort in performing the redaction and isshall bedeemed 500 in compliance with the requirements of this subsection. 501 (e)(i)The county recorder is not liable for the 502 inadvertent release of social security numbers, or bank account, 503 debit, charge, or credit card numbers, filed with the county 504 recorder. 505 (f) A request for maintenance of a public records exemption 506 in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must 507 specify the document type, name, identification number, and page 508 number of the official record that contains the exempt 509 information. 510 Section 10. Paragraph (a) of subsection (2) of section 511 194.032, Florida Statutes, is amended to read: 512 194.032 Hearing purposes; timetable.— 513 (2)(a) The clerk of the governing body of the county shall 514 prepare a schedule of appearances before the board based on 515 petitions timely filed with him or her. The clerk shall notify 516 each petitioner of the scheduled time of his or her appearance 517 at least 25 calendar days before the day of the scheduled 518 appearance. The notice mustshallindicate whether the petition 519 has been scheduled to be heard at a particular time or during a 520 block of time. If the petition has been scheduled to be heard 521 within a block of time, the beginning and ending of that block 522 of time mustshallbe indicated on the notice; however, as 523 provided in paragraph (b), a petitioner may not be required to 524 wait for more than a reasonable time, not to exceed 2 hours, 525 after the beginning of the block of time. If the petitioner 526 checked the appropriate box on the petition form to request a 527 copy of the property record card containing relevant information 528 used in computing the current assessment, the property appraiser 529 must provide the copy to the petitioner upon receipt of the 530 petition from the clerk regardless of whether the petitioner 531 initiates evidence exchangeclerk shall provide the copy of the532card along with the notice. Upon receipt of the notice, the 533 petitioner may reschedule the hearing a single time by 534 submitting to the clerk a written request to reschedule, at 535 least 5 calendar days before the day of the originally scheduled 536 hearing. 537 Section 11. Subsections (5) through (10) of section 538 197.502, Florida Statutes, are amended, and a new subsection (7) 539 is added to that section, to read: 540 197.502 Application for obtaining tax deed by holder of tax 541 sale certificate; fees.— 542 (5)(a) The tax collector may contract with a title company 543 or an abstract company to provide the minimum information 544 required in subsection (4), consistent with rules adopted by the 545 department. If additional information is required, the tax 546 collector must make a written request to the title or abstract 547 company stating the additional requirements. The tax collector 548 may select any title or abstract company, regardless of its 549 location, as long as the fee is reasonable, the minimum 550 information is submitted, and the title or abstract company is 551 authorized to do business in this state. The tax collector may 552 advertise and accept bids for the title or abstract company if 553 he or she considers it appropriate to do so. 554 1. The ownership and encumbrance report must include the 555 letterhead of the person, firm, or company that makes the 556 search, and the signature of the individual who makes the search 557 or of an officer of the firm. The tax collector is not liable 558 for payment to the firm unless these requirements are met. The 559 report may be submitted to the tax collector in an electronic 560 format. 561 2. The tax collector may not accept or pay for any title 562 search or abstract if financial responsibility is not assumed 563 for the search. However, reasonable restrictions as to the 564 liability or responsibility of the title or abstract company are 565 acceptable. Notwithstanding s. 627.7843(3), the tax collector 566 may contract for higher maximum liability limits. 567 3. In order to establish uniform prices for ownership and 568 encumbrance reports within the county, the tax collector must 569 ensure that the contract for ownership and encumbrance reports 570 include all requests for title searches or abstracts for a given 571 period of time. 572 (b) The feeAny fee paidfor an initialatitle search or 573 abstract must be collected at the time of application under 574 subsection (1),andthe amount of the feemust be added to the 575 opening bid. The certificateholder shall pay for additional 576 requested title searches that were not paid for at the time of 577 application, and this amount shall be added to the opening bid. 578 (c) The clerk shall advertise and administer the sale and 579 receive such fees for the issuance of the deed and sale of the 580 property as provided in s. 28.24. 581 (6) The opening bid: 582 (a) On county-held certificates on nonhomestead property is 583shall bethe sum of the value of all outstanding certificates 584 against the property, plus omitted years’ taxes, delinquent 585 taxes, interest, and all costs and fees paid by the county. 586 (b) On an individual certificate must include, in addition 587 to the amount of money paid to the tax collector by the 588 certificateholder at the time of application, the amount 589 required to redeem the applicant’s tax certificate and all other 590 costs and fees paid by the applicant, plus all tax certificates 591 that were sold or delinquent taxes that accrued subsequent to 592 the filing of the tax deed application and omitted taxes, if 593 any. 594 (c) On a county-held or individual certificate must include 595 interest at the rate of 1.5 percent per month for the period 596 running from the month after the date of application for the 597 deed through the month of sale, and costs incurred for the 598 service of notice provided for in s. 197.522(2). 599 (d)(c)On property assessed on the latest tax roll open for 600 collection under s. 197.322 as homestead property mustshall601 include, in addition to the amount of money required for an 602 opening bid on nonhomestead property, an amount equal to one 603 half of the latest assessed value of the homestead. 604 (7) In advance of the sale, the clerk may collect from the 605 certificateholder all amounts included in the opening bid, 606 including all costs and fees related to the sale and any tax 607 certificates or delinquent taxes accrued subsequent to the tax 608 deed application, but excluding interest and funds to cover the 609 one-half value of the homestead. Documentary stamp taxes and 610 recording fees collected before the sale do not accrue interest 611 as provided in paragraph (6)(c). 612 (8)(7)On county-held certificates for which there are no 613 bidders at the public sale, the clerk shall enter the land on a 614 list entitled “lands available for taxes” and shall immediately 615 notify the county commission and anyall otherpersons holding 616 certificates against the property that the property is 617 available. During the first 90 days after the property is placed 618 on the list, the county may purchase the land for the opening 619 bid or may waive its rights to purchase the property. 620 Thereafter, any person, the county, or any other governmental 621 unit may purchase the property from the clerk, without further 622 notice or advertising, for the opening bid, except that if the 623 county or other governmental unit is the purchaser for its own 624 use, the board of county commissioners may cancel omitted years’ 625 taxes, as provided under s. 197.447. If the county does not 626 elect to purchase the property, the county must notify each 627 legal titleholder of property contiguous to the property 628 available for taxes, as provided in paragraph (4)(h), before 629 expiration of the 90-day period. Interest on the opening bid on 630 county-held certificates continues to accrue through the month 631 of sale that the property is on the list of lands available for 632 taxes, as prescribed in paragraph (6)(c)by s.197.542. For 633 individual certificates placed on the list of lands available 634 for taxes in accordance with s. 197.542, interest accrues at the 635 interest rate bid for the certificate upon which the tax deed 636 application was made for the period running from the month after 637 the property is placed on the list of lands available for taxes 638 through the month of sale that it is purchased off the list of 639 lands available for taxes. When calculating the opening bid for 640 purchase of property that is on the list of lands available for 641 taxes, the bid amount must reflect the homestead status of the 642 property on the latest tax roll open for collection under s. 643 197.322. If a property is purchased by the titleholder when the 644 property is on the list of lands available for taxes, the 645 opening bid may not include the amount for one-half value of the 646 homestead specified in paragraph (6)(d), regardless of the 647 homestead status of the property. 648 (9)(8)Taxes may not be extended against parcels listed as 649 lands available for taxes, but in each year the taxes that would 650 have been due mustshallbe treated as omitted years and added 651 to the required openingminimumbid. Unless purchased from the 652 list of lands available for taxes, the land escheats to the 653 county in which it is located, free and clear, 3Threeyears 654 after the day the land was offered for public sale, the land655shall escheat to the county in which it is located, free and656clear. All tax certificates, accrued taxes, and liens of any 657 nature against the property shall be deemed canceled as a matter 658 of law and of no further legal force and effect, and the clerk 659 shall execute an escheatment tax deed vesting title in the board 660 of county commissioners of the county in which the land is 661 located. 662 (a) When a property escheats to the county under this 663 subsection, the county is not subject to any liability imposed 664 by chapter 376 or chapter 403 for preexisting soil or 665 groundwater contamination due solely to its ownership. However, 666 this subsection does not affect the rights or liabilities of any 667 past or future owners of the escheated property and does not 668 affect the liability of any governmental entity for the results 669 of its actions that create or exacerbate a pollution source. 670 (b) The county and the Department of Environmental 671 Protection may enter into a written agreement for the 672 performance, funding, and reimbursement of the investigative and 673 remedial acts necessary for a property that escheats to the 674 county. 675 (10)(9)Consolidated applications on more than one tax 676 certificate are allowed, but a separate statement shall be 677 issued pursuant to subsection (4), and a separate tax deed shall 678 be issued pursuant to s. 197.552, for each parcel of property 679 shown on the tax certificate. 680(10) Any fees collected pursuant to this section shall be681refunded to the certificateholder in the event that the tax deed682sale is canceled for any reason.683 Section 12. Section 197.542, Florida Statutes, is amended 684 to read: 685 197.542 Sale at public auction.— 686 (1) Real property advertised for sale to the highest bidder 687 as a result of an application filed under s. 197.502 shall be 688 sold at public auction by the clerk of the circuit court, or his 689 or her deputy, of the county where the property is located on 690 the date, at the time, and at the location as set forth in the 691 published notice, which must be during the regular hours the 692 clerk’s office is open. The opening bid described in s. 693 197.502(6) mustamount required to redeem the tax certificate,694plus the amounts paid by the holder to the clerk in charges for695costs of sale, redemption of other tax certificates on the same696property, and all other costs to the applicant for tax deed,697plus interest at the rate of 1.5 percent per month for the698period running from the month after the date of application for699the deed through the month of sale and costs incurred for the700service of notice provided for in s.197.522(2),shallbe the 701 bid of the certificateholder for the property.If tax702certificates exist or if delinquent taxes accrued subsequent to703the filing of the tax deed application, the amount required to704redeem such tax certificates or pay such delinquent taxes must705be included in the minimum bid. However, if the land to be sold706is assessed on the latest tax roll as homestead property, the707bid of the certificateholder must be increased to include an708amount equal to one-half of the assessed value of the homestead709property as required by s.197.502.If there are no higher bids, 710 the property shall be struck off and sold to the 711 certificateholder, who shall pay to the clerk the documentary 712 stamp tax, recording fees due, and any unpaid amounts included 713 in the openingminimumbid, excluding interest, the documentary714stamp tax, and recording fees due. The clerk shall notify the 715 certificateholder of any amounts that must be paid so that the 716 clerk may strike off the property and sell it to the 717 certificateholder. The certificateholder shall remit payment of 718 such amount within 7 business days of the date on the 719 notification. Upon payment, a tax deed shall be issued and 720 recorded by the clerk. 721 (2) The certificateholder has the right to bid as others 722 present may bid, and the property shall be struck off and sold 723 to the highest bidder. The high bidder shall post with the clerk 724 a nonrefundable deposit of 5 percent of the bid or $200, 725 whichever is greater, at the time of the sale, to be applied to 726 the sale price at the time of full payment. Notice of the 727 deposit requirement must be posted at the auction site, and the 728 clerk may require bidders to show their willingness and ability 729 to post the deposit. If full payment of the final bid and of 730 documentary stamp tax and recording fees is not made by the high 731 bidder within 24 hours, excluding weekends and legal holidays, 732 the clerk shall cancel all bids, readvertise the sale as 733 provided in this section, and pay all costs of the sale from the 734 deposit. Any remaining funds must be applied toward the opening 735 bid. If the property is redeemed before the clerk receives full 736 payment for the issuance of a tax deed, the high bidder must 737 submit to the clerk a written request for a refund of the 738 deposit. Upon receipt of the refund request, the clerk shall 739 refund the cash deposit. The clerk may refuse to recognize the 740 bid of any person who has previously bid and refused, for any 741 reason, to honor such bid. 742 (3) A certificateholder may request in writing that the tax 743 collector cancel his or her tax deed application up to 2 744 business days before the scheduled sale date and, upon receipt, 745 the tax collector shall cancel the application and consider it 746 abandoned. The clerk shall cancel the tax deed sale upon 747 notification from the tax collector. 748 (4)(3)If the sale is canceled for any reason, or the high 749 bidderbuyerfails to make full payment within the time 750 required, the clerk shall immediately readvertise the sale to be 751 held within 30 days after the date the sale was canceled. Only 752 one advertisement is necessary. If it is not possible to 753 reschedule the sale within 30 days, the clerk must follow the 754 standard notice provisions specified in s. 197.522. The 755 certificateholder shall promptly pay to the clerk, upon request, 756 additional costs for such rescheduled sale, including any fees 757 for additional title searches. If fees for additional title 758 searches are required, the clerk must remit such fees to the tax 759 collector upon receipt. 760 (a) The amount of the opening bid shall be increased by the 761 cost of advertising, additional clerk’s fees as provided for in 762 s. 28.24(21), and interest as provided for in s. 197.502(6)(c) 763subsection (1). This process must be repeated until the property 764 is sold and the clerk receives full payment from the high bidder 765 or the clerk does not receive any bids other than the bid of the 766 certificateholder. The clerk must receive full payment before 767 the issuance of the tax deed. 768 (b) If there are no higher bids than the opening bid and 769 the certificateholder fails to pay any additional amounts 770 required within 7 business days of notification of the amount 771 due, the sale must be canceled and the property must be 772 readvertised for sale within 30 days as provided in this 773 section. The certificateholder is responsible for payment of any 774 additional costs relating to the resale, as determined by the 775 clerk. 776 (c) If there are no bidders at the subsequent sale and the 777 certificateholder refuses to pay the one-half value of the 778 homestead, the clerk may not advertise the sale again and must 779 place the property on the list of lands available for taxes. 780 (d) If there are no bidders after the subsequent sale and 781 the certificateholder refuses to pay any amounts due other than 782 the one-half value of the homestead, the clerk may not advertise 783 the sale again, must consider the tax deed application 784 abandoned, and must notify the tax collector to cancel the 785 application. 786 (e) If the certificateholder refuses to pay to the tax 787 collector or clerk any fees or costs required to bring the 788 application to sale or resale, the tax collector must cancel the 789 application and consider it abandoned. 790 (5)(a)(4)(a)A clerk may conduct electronic tax deed sales 791 in lieu of public outcry. The clerk must comply with the 792 procedures provided in this chapter, except that electronic 793 proxy bidding shall be allowed and the clerk may require bidders 794 to advance sufficient funds to pay the deposit required by 795 subsection (2). The clerk shall provide access to the electronic 796 sale by computer terminals open to the public at a designated 797 location. A clerk who conducts such electronic sales may receive 798 electronic deposits and payments related to the sale. Upon 799 acceptance of the winning bid, the portion of an advance deposit 800 from a winning bidder required by subsection (2) isshall, upon801acceptance of the winning bid, besubject to the fee specified 802 inunders. 28.24(10). 803 (b) This subsection does not restrict or limit the 804 authority of a charter county to conduct electronic tax deed 805 sales. In a charter county where the clerk of the circuit court 806 does not conduct all electronic sales, the charter county shall 807 be permitted to receive electronic deposits and payments related 808 to sales it conducts, as well as to subject the winning bidder 809 to a fee, consistent with the schedule in s. 28.24(10). 810 (c) The costs of electronic tax deed sales shall be added 811 to the charges for the costs of saleunder subsection (1)and 812 paid by the certificateholder when filing an application for a 813 tax deed. 814 Section 13. Subsection (2) of section 197.582, Florida 815 Statutes, is amended to read: 816 197.582 Disbursement of proceeds of sale.— 817 (2) If the opening bid includes an amount for redemption of 818 tax certificates or payment of delinquent taxes or omitted taxes 819 accrued subsequent to the filing of the tax deed application, 820 that amount must be paid in full to the tax collector before the 821 distribution of any excess. If current taxes are due on the date 822 of sale, the high bidder takes title subject to such current 823 taxes. Excess funds may not be distributed to the tax collector 824 for the payment of current taxes due at the time of the tax deed 825 sale. If the property is purchased for an amount in excess of 826 the openingstatutorybidof the certificateholder, the excess 827 must be paid over and disbursed by the clerk. If the property 828 purchased is homestead property and the openingstatutorybid 829 includes an amount equal to at least one-half of the assessed 830 value of the homestead, that amount must be treated as excess 831 and distributed in the same manner. The clerk shall distribute 832 the excess to the governmental units for the payment of any lien 833 of record held by a governmental unit against the property,834including any tax certificates not incorporated in the tax deed835application and omitted taxes, if any. If the excess is not 836 sufficient to pay all of such liens in full, the excess shall be 837 paid to each governmental unit pro rata. If, after all liens of 838 governmental units are paid in full, there remains a balance of 839 undistributed funds, the balance shall be retained by the clerk 840 for the benefit of persons described in s. 197.522(1)(a), except 841 those persons described in s. 197.502(4)(h), as their interests 842 may appear. The clerk shall mail notices to such persons 843 notifying them of the funds held for their benefit. Any service 844 charges, at the rate prescribed in s. 28.24(10), and costs of 845 mailing notices shall be paid out of the excess balance held by 846 the clerk. Excess proceeds shall be held and disbursed in the 847 same manner as unclaimed redemption moneys in s. 197.473. If 848 excess proceeds are not sufficient to cover the service charges 849 and mailing costs, the clerk shall receive the total amount of 850 excess proceeds as a service charge. 851 Section 14. Subsections (2) and (6) of section 938.30, 852 Florida Statutes, are amended to read: 853 938.30 Financial obligations in criminal cases; 854 supplementary proceedings.— 855 (2) The court may require a person liable for payment of an 856 obligation to appear and be examined under oath concerning the 857 person’s financial ability to pay the obligation. The judge may 858 convert the statutory financial obligation into a court-ordered 859 obligation to perform community service, subject to the 860 provisions of s. 318.18(8), after examining a person under oath 861 and determining theaperson’s inability to pay. Any person who 862 failsfailingto attend a hearing may be arrested on warrant or 863 capiaswhich may beissued by the clerk upon order of the court. 864 (6) If judgment has not been previously entered on any 865 court-imposed financial obligation, the court may enter judgment 866 thereon and issue any writ necessary to enforce the judgment in 867 the manner allowed in civil cases. Any judgment issued under 868 this section constitutes a civil lien against the judgment 869 debtor’s presently owned or after-acquired property, when 870 recorded pursuant to s. 55.10. Supplementary proceedings 871 undertaken by any governmental entity to satisfy a judgment 872 imposed pursuant to this section may proceed without bond and 873 without the payment of statutory fees associated with judgment 874 enforcement. 875 Section 15. This act shall take effect July 1, 2013.