Bill Text: FL S0556 | 2013 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2013 CS for CS for CS for SB 556 By the Committees on Appropriations; Governmental Oversight and Accountability; and Judiciary; and Senator Ring 576-04653-13 2013556c3 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. 101.151, F.S.; clarifying 19 when the office title “Clerk of the Circuit Court and 20 Comptroller” may be used; amending s. 119.0714, F.S.; 21 requiring that certain requests for maintenance of a 22 public record exemption specify certain information; 23 amending s. 194.032, F.S.; requiring that the property 24 appraiser, rather than the clerk, provide the property 25 record card to a petitioner regardless of whether the 26 petitioner initiates evidence exchange, unless the 27 property record card is available online from the 28 property appraiser; amending s. 938.30, F.S.; 29 providing that the state is not required to pay fees 30 to enforce judgment for costs and fines; amending s. 31 985.045, F.S.; providing that the office of the public 32 defender shall have access to certain juvenile records 33 before an appointment of representation; providing an 34 effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Section 28.13, Florida Statutes, is amended to 39 read: 40 28.13To keepPapers and electronic filings.—The clerk of 41 the circuit court must maintainshallkeepall papers and 42 electronic filingsfiledin the clerk’s office with the utmost 43 care and security, storing them with related casearranged in44appropriatefiles and affixing a stamp, which may be electronic, 45 to each submission indicating(endorsing upon eachthe date and 46 time thatwhenthe submissionsamewas filed. The clerk may),47andshallnot permit any attorney or other person to remove 48 filed documents from the control or custodytake papers once49filed out of the officeof the clerk without leave of the court, 50 except as otherwiseis hereinafterprovided by law. 51 Section 2. Present subsections (4) through (6) of section 52 28.222, Florida Statutes, are renumbered as subsections (5) 53 through (7), respectively, and a new subsection (4) is added to 54 that section to read: 55 28.222 Clerk to be county recorder.— 56 (4) The county recorder shall remove recorded court 57 documents from the Official Records pursuant to a sealing or 58 expunction order. 59 Section 3. Section 28.24, Florida Statutes, is amended to 60 read: 61 28.24 Service chargesby clerk of the circuit court.—The 62 clerk of the circuit court shall charge for services rendered 63 manually or electronically by the clerk’s office in recording 64 documents and instruments and in performing other specifiedthe65 duties. These charges mayenumerated in amountsnottoexceed 66 those specified in this section, except as provided in s. 67 28.345.Notwithstanding any other provision of this section, the68clerk of the circuit court shall provide without charge to the69state attorney, public defender, guardian ad litem, public70guardian, attorney ad litem, criminal conflict and civil71regional counsel, and private court-appointed counsel paid by72the state, and to the authorized staff acting on behalf of each,73access to and a copy of any public record, if the requesting74party is entitled by law to view the exempt or confidential75record, as maintained by and in the custody of the clerk of the76circuit court as provided in general law and the Florida Rules77of Judicial Administration. The clerk of the circuit court may78provide the requested public record in an electronic format in79lieu of a paper format when capable of being accessed by the80requesting entity.81 82 Charges 83 84 (1) For examining, comparing, correcting, verifying, and 85 certifying transcripts of record in appellate proceedings, 86 prepared by attorney for appellant or someone else other than 87 clerk, per page.............................................5.00 88 (2) For preparing, numbering, and indexing an original 89 record of appellate proceedings, per instrument.............3.50 90 (3) For certifying copies of any instrument in the public 91 records.....................................................2.00 92 (4) For verifying any instrument presented for 93 certification prepared by someone other than clerk, per page3.50 94 (5)(a) For making copies by photographic process of any 95 instrument in the public records consisting of pages of not more 96 than 14 inches by 8 1/2 inches, per page....................1.00 97 (b) For making copies by photographic process of any 98 instrument in the public records of more than 14 inches by 8 1/2 99 inches, per page............................................5.00 100 (6) For making microfilm copies of any public records: 101 (a) 16 mm 100′ microfilm roll.......................42.00 102 (b) 35 mm 100′ microfilm roll.......................60.00 103 (c) Microfiche, per fiche............................3.50 104 (7) For copying any instrument in the public records by 105 other than photographic process, per page...................6.00 106 (8) For writing any paper other than herein specifically 107 mentioned, same as for copying, including signing and sealing7.00 108 (9) For indexing each entry not recorded.............1.00 109 (10) For receiving money into the registry of court: 110 (a)1. First $500, percent...............................3 111 2. Each subsequent $100, percent......................1.5 112 (b) Eminent domain actions, per deposit............170.00 113 (11) For examining, certifying, and recording plats and for 114 recording condominium exhibits larger than 14 inches by 8 1/2 115 inches: 116 (a) First page......................................30.00 117 (b) Each additional page............................15.00 118 (12) For recording, indexing, and filing any instrument not 119 more than 14 inches by 8 1/2 inches, including required notice 120 to property appraiser where applicable: 121 (a) First page or fraction thereof...................5.00 122 (b) Each additional page or fraction thereof.........4.00 123 (c) For indexing instruments recorded in the official 124 records which contain more than four names, per additional name1.00 125 (d) An additional service charge mustshallbe paid to the 126 clerk of the circuit court to be deposited in the Public Records 127 Modernization Trust Fund for each instrument listed in s. 128 28.222, except judgments received from the courts and notices of 129 lis pendens, recorded in the official records: 130 1. First page........................................1.00 131 2. Each additional page..............................0.50 132 133 Said fund mustshallbe held in trust by the clerk and used 134 exclusively for equipment and maintenance of equipment, 135 personnel training, and technical assistance in modernizing the 136 public records system of the office. In a county where the duty 137 of maintaining official records exists in an office other than 138 the office of the clerk of the circuit court, the clerk of the 139 circuit court is entitled to 25 percent of the moneys deposited 140 into the trust fund for equipment, maintenance of equipment, 141 training, and technical assistance in modernizing the system for 142 storing records in the office of the clerk of the circuit court. 143 The fund may not be used for the payment of travel expenses, 144 membership dues, bank charges, staff-recruitment costs, salaries 145 or benefits of employees, construction costs, general operating 146 expenses, or other costs not directly related to obtaining and 147 maintaining equipment for public records systems or for the 148 purchase of furniture or office supplies and equipment not 149 related to the storage of records. On or before December 1, 150 1995, and on or before December 1 of each year immediately 151 preceding each year during which the trust fund is scheduled for 152 legislative review under s. 19(f)(2), Art. III of the State 153 Constitution, each clerk of the circuit court shall file a 154 report on the Public Records Modernization Trust Fund with the 155 President of the Senate and the Speaker of the House of 156 Representatives. The report must itemize each expenditure made 157 from the trust fund since the last report was filed; each 158 obligation payable from the trust fund on that date; and the 159 percentage of funds expended for each of the following: 160 equipment, maintenance of equipment, personnel training, and 161 technical assistance. The report must indicate the nature of the 162 system each clerk uses to store, maintain, and retrieve public 163 records and the degree to which the system has been upgraded 164 since the creation of the trust fund. 165 (e) An additional service charge of $4 per page shall be 166 paid to the clerk of the circuit court for each instrument 167 listed in s. 28.222, except judgments received from the courts 168 and notices of lis pendens, recorded in the official records. 169 From the additional $4 service charge collected: 170 1. If the counties maintain legal responsibility for the 171 costs of the court-related technology needs as defined in s. 172 29.008(1)(f)2. and (h), 10 cents shall be distributed to the 173 Florida Association of Court Clerks and Comptrollers, Inc., for 174 the cost of development, implementation, operation, and 175 maintenance of the clerks’ Comprehensive Case Information 176 System; $1.90 shall be retained by the clerk to be deposited in 177 the Public Records Modernization Trust Fund and used exclusively 178 for funding court-related technology needs of the clerk as 179 defined in s. 29.008(1)(f)2. and (h); and $2 shall be 180 distributed to the board of county commissioners to be used 181 exclusively to fund court-related technology, and court 182 technology needs as defined in s. 29.008(1)(f)2. and (h) for the 183 state trial courts, state attorney, public defender, and 184 criminal conflict and civil regional counsel in that county. If 185 the counties maintain legal responsibility for the costs of the 186 court-related technology needs as defined in s. 29.008(1)(f)2. 187 and (h), notwithstanding any other provision of law, the county 188 is not required to provide additional funding beyond that 189 provided herein for the court-related technology needs of the 190 clerk as defined in s. 29.008(1)(f)2. and (h). All court records 191 and official records are the property of the State of Florida, 192 including any records generated as part of the Comprehensive 193 Case Information System funded pursuant to this paragraph and 194 the clerk of court is designated as the custodian of such 195 records, except in a county where the duty of maintaining 196 official records exists in a county office other than the clerk 197 of court or comptroller, such county office is designated the 198 custodian of all official records, and the clerk of court is 199 designated the custodian of all court records. The clerk of 200 court or any entity acting on behalf of the clerk of court, 201 including an association, mayshallnot charge a fee to any 202 agency as defined in s. 119.011, the Legislature, or the State 203 Court System for copies of records generated by the 204 Comprehensive Case Information System or held by the clerk of 205 court or any entity acting on behalf of the clerk of court, 206 including an association. 207 2. If the state becomes legally responsible for the costs 208 of court-related technology needs as defined in s. 209 29.008(1)(f)2. and (h), whether by operation of general law or 210 by court order, $4 shall be remitted to the Department of 211 Revenue for deposit into the General Revenue Fund. 212 (13) Oath, administering, attesting, and sealing, not 213 otherwise provided for herein...............................3.50 214 (14) For validating certificates, any authorized bonds, 215 each........................................................3.50 216 (15) For preparing affidavit of domicile.............5.00 217 (16) For exemplified certificates, including signing and 218 sealing.....................................................7.00 219 (17) For authenticated certificates, including signing and 220 sealing.....................................................7.00 221 (18)(a) For issuing and filing a subpoena for a witness, 222 not otherwise provided for herein (includes writing, preparing, 223 signing, and sealing).......................................7.00 224 (b) For signing and sealing only.....................2.00 225 (19) For approving bond..............................8.50 226 (20) For searching of records, for each year’s search2.00 227 (21) For processing an application for a tax deed sale 228 (includes application, sale, issuance, and preparation of tax 229 deed, and disbursement of proceeds of sale), other than excess 230 proceeds...................................................60.00 231 (22) For disbursement of excess proceeds of tax deed sale, 232 first $100 or fraction thereof.............................10.00 233 (23) Upon receipt of an application for a marriage license, 234 for preparing and administering of oath; issuing, sealing, and 235 recording of the marriage license; and providing a certified 236 copy.......................................................30.00 237 (24) For solemnizing matrimony......................30.00 238 (25) For sealing any court file or expungement of any 239 record.....................................................42.00 240 (26)(a) For receiving and disbursing all restitution 241 payments, per payment.......................................3.50 242 (b) For receiving and disbursing all partial payments, 243 other than restitution payments, for which an administrative 244 processing service charge is not imposed pursuant to s. 28.246, 245 per month...................................................5.00 246 (c) For setting up a payment plan, a one-time 247 administrative processing charge in lieu of a per month charge 248 under paragraph (b)........................................25.00 249 (27) Postal charges incurred by the clerk of the circuit 250 court in any mailing by certified or registered mail mustshall251 be paid by the party at whose instance the mailing is made. 252 (28) For furnishing an electronic copy of information 253 contained in a computer database: a fee as provided for in 254 chapter 119. 255 Section 4. Section 28.244, Florida Statutes, is amended to 256 read: 257 28.244 Refunds.—A clerk of the circuit court or a filing 258 officer of another office where records are filed who receives 259 payment for services provided and thereafter determines that an 260 overpayment has occurred shall refund to the person who made the 261 payment the amount of any overpayment that exceeds $10$5. If 262 the amount of the overpayment is $10$5or less, the clerk of 263 the circuit court or a filing officer of another office where 264 records are filed is not required to refund the amount of the 265 overpayment unless the person who made the overpayment makes a 266 written request. 267 Section 5. Section 28.345, Florida Statutes, is amended to 268 read: 269 28.345 State access to records; exemption from court 270 related fees and charges.— 271 (1) Notwithstanding any other provision of law, the clerk 272 of the circuit court shall, upon request, provide access to 273 public records without charge to the state attorney, public 274 defender, guardian ad litem, public guardian, attorney ad litem, 275 criminal conflict and civil regional counsel, and private court 276 appointed counsel paid by the state, and to authorized staff 277 acting on their behalf. The clerk of court may provide the 278 requested public record in an electronic format in lieu of a 279 paper format if the requesting entity is capable of accessing 280 such public record electronically. 281 (2) Notwithstanding any other provision of this chapter or 282 law to the contrary, judges and those court staff acting on 283 behalf of judges, state attorneys, guardians ad litem, public 284 guardians, attorneys ad litem, court-appointed private counsel, 285 criminal conflict and civil regional counsel,andpublic 286 defenders, and state agencies, while acting in their official 287 capacity,and state agencies,are exempt from all court-related 288 fees and charges assessed by the clerks of the circuit courts. 289 (3) The exemptions from fees or charges provided in this 290 section apply only to state agencies and state entities and the 291 party represented by the agency or entity. 292 Section 6. Paragraph (a) of subsection (2) of section 293 101.151, Florida Statutes, is amended to read: 294 101.151 Specifications for ballots.— 295 (2)(a) The ballot must includeshall havethe following 296 office titles aboveunder which shall appearthe names of the 297 candidates for the respective offices in the following order: 298 1. The office titles of President and Vice President above 299and thereunderthe names of the candidates for President and 300 Vice President of the United States nominated by the political 301 party that received the highest vote for Governor in the last 302 general election of the Governor in this state, followed by.303Then shall appearthe names of other candidates for President 304 and Vice President of the United States who have been properly 305 nominated. 306 2. The office titles of United States Senator and 307 Representative in Congress. 308 3. The office titles of Governor and Lieutenant Governor; 309 Attorney General; Chief Financial Officer; Commissioner of 310 Agriculture; State Attorney, with the applicable judicial 311 circuit; and Public Defender, with the applicable judicial 312 circuit. 313 4. The office titles of State Senator and State 314 Representative, with the applicable district for the office 315 printed beneath. 316 5. The office titles of Clerk of the Circuit Court,or, 317 when the Clerk of the Circuit Court also serves as the County 318 Comptroller, Clerk of the Circuit Court and Comptroller, 319(whichever is applicable andwhen authorized by law;),Clerk of 320 the County Court,(when authorized by law;),Sheriff;,Property 321 Appraiser;,Tax Collector;,District Superintendent of Schools;,322 and Supervisor of Elections. 323 6. The office titles of Board of County Commissioners, with 324 the applicable district printed beneath each office, and such 325 other county and district offices as are involved in the 326 election, in the order fixed by the Department of State, 327 followed, in the year of their election, by “Party Offices,” and 328 thereunder the offices of state and county party executive 329 committee members. 330 Section 7. Paragraph (f) is added to subsection (2) of 331 section 119.0714, Florida Statutes, and section (3) is amended, 332 to read: 333 119.0714 Court files; court records; official records.— 334 (2) COURT RECORDS.— 335 (f) A request for maintenance of a public records exemption 336 in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must 337 specify the document type, name, identification number, and page 338 number of the court record that contains the exempt information. 339 (3) OFFICIAL RECORDS.— 340(a)AAnyperson who prepares or files a record for 341 recording in the official records as provided in chapter 28 may 342 not include in that record a social security number or a bank 343 account, debit, charge, or credit card number unless otherwise 344 expressly required by law. 345 (a)(b)1.If a social security number or a bank account, 346 debit, charge, or credit card number is included in an official 347 record, such number may be made available as part of the 348 official records available for public inspection and copying 349 unless redaction is requested by the holder of such number or by 350 the holder’s attorney or legal guardian. 351 1.2.If such record is in electronic format, on January 1, 352 2011, and thereafter, the county recorder must use his or her 353 best effort, as provided in paragraph (d)(h), to keep social 354 security numbers confidential and exempt as provided for in s. 355 119.071(5)(a), and to keep complete bank account, debit, charge, 356 and credit card numbers exempt as provided for in s. 357 119.071(5)(b), without any person having to request redaction. 358 2.3.Section 119.071(5)(a)7. and 8. does not apply to the 359 county recorder with respect to official records. 360 (b)(c)The holder of a social security number or a bank 361 account, debit, charge, or credit card number, or the holder’s 362 attorney or legal guardian, may request that a county recorder 363 redact from an image or copy of an official record placed on a 364 county recorder’s publicly available Internet website or on a 365 publicly available Internet website used by a county recorder to 366 display public records, or otherwise made electronically 367 available to the public, his or her social security number or 368 bank account, debit, charge, or credit card number contained in 369 that official record. 370 1.(d)A request for redaction must be a signed, legibly 371 written request and must be delivered by mail, facsimile, 372 electronic transmission, or in person to the county recorder. 373 The request must specify the identification page number of the 374 record that contains the number to be redacted. 375 2.(e)The county recorder does not have a duty to inquire 376 beyond the written request to verify the identity of a person 377 requesting redaction. 378 3.(f)A fee may not be charged for redacting a social 379 security number or a bank account, debit, charge, or credit card 380 number. 381 (c)(g)A county recorder shall immediately and 382 conspicuously post signs throughout his or her offices for 383 public viewing, and shall immediately and conspicuously post on 384 any Internet website or remote electronic site made available by 385 the county recorder and used for the ordering or display of 386 official records or images or copies of official records, a 387 notice stating, in substantially similar form, the following: 388 1. On or after October 1, 2002, any person preparing or 389 filing a record for recordation in the official records may not 390 include a social security number or a bank account, debit, 391 charge, or credit card number in such document unless required 392 by law. 393 2. Any person has a right to request a county recorder to 394 remove from an image or copy of an official record placed on a 395 county recorder’s publicly available Internet website or on a 396 publicly available Internet website used by a county recorder to 397 display public records, or otherwise made electronically 398 available to the general public, any social security number 399 contained in an official record. Such request must be made in 400 writing and delivered by mail, facsimile, or electronic 401 transmission, or delivered in person, to the county recorder. 402 The request must specify the identification page number that 403 contains the social security number to be redacted. A fee may 404 not be charged for the redaction of a social security number 405 pursuant to such a request. 406 (d)(h)If the county recorder accepts or stores official 407 records in an electronic format, the county recorder must use 408 his or her best efforts to redact all social security numbers 409 and bank account, debit, charge, or credit card numbers from 410 electronic copies of the official record. The use of an 411 automated program for redaction isshall bedeemed to be the 412 best effort in performing the redaction and isshall bedeemed 413 in compliance with the requirements of this subsection. 414 (e)(i)The county recorder is not liable for the 415 inadvertent release of social security numbers, or bank account, 416 debit, charge, or credit card numbers, filed with the county 417 recorder. 418 (f) A request for maintenance of a public records exemption 419 in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must 420 specify the document type, name, identification number, and page 421 number of the official record that contains the exempt 422 information. 423 Section 8. Paragraph (a) of subsection (2) of section 424 194.032, Florida Statutes, is amended to read: 425 194.032 Hearing purposes; timetable.— 426 (2)(a) The clerk of the governing body of the county shall 427 prepare a schedule of appearances before the board based on 428 petitions timely filed with him or her. The clerk shall notify 429 each petitioner of the scheduled time of his or her appearance 430 at least 25 calendar days before the day of the scheduled 431 appearance. The notice mustshallindicate whether the petition 432 has been scheduled to be heard at a particular time or during a 433 block of time. If the petition has been scheduled to be heard 434 within a block of time, the beginning and ending of that block 435 of time mustshallbe indicated on the notice; however, as 436 provided in paragraph (b), a petitioner may not be required to 437 wait for more than a reasonable time, not to exceed 2 hours, 438 after the beginning of the block of time. If the petitioner 439 checked the appropriate box on the petition form to request a 440 copy of the property record card containing relevant information 441 used in computing the current assessment, the property appraiser 442 must provide the copy to the petitioner upon receipt of the 443 petition from the clerk regardless of whether the petitioner 444 initiates evidence exchange, unless the property record card is 445 available online from the property appraiserclerk shall provide446the copy of thecard along with the notice. Upon receipt of the 447 notice, the petitioner may reschedule the hearing a single time 448 by submitting to the clerk a written request to reschedule, at 449 least 5 calendar days before the day of the originally scheduled 450 hearing. 451 Section 9. Subsections (2) and (6) of section 938.30, 452 Florida Statutes, are amended to read: 453 938.30 Financial obligations in criminal cases; 454 supplementary proceedings.— 455 (2) The court may require a person liable for payment of an 456 obligation to appear and be examined under oath concerning the 457 person’s financial ability to pay the obligation. The judge may 458 convert the statutory financial obligation into a court-ordered 459 obligation to perform community service, subject to the 460 provisions of s. 318.18(8), after examining a person under oath 461 and determining theaperson’s inability to pay. Any person who 462 failsfailingto attend a hearing may be arrested on warrant or 463 capiaswhich may beissued by the clerk upon order of the court. 464 (6) If judgment has not been previously entered on any 465 court-imposed financial obligation, the court may enter judgment 466 thereon and issue any writ necessary to enforce the judgment in 467 the manner allowed in civil cases. Any judgment issued under 468 this section constitutes a civil lien against the judgment 469 debtor’s presently owned or after-acquired property, when 470 recorded pursuant to s. 55.10. Supplementary proceedings 471 undertaken by any governmental entity to satisfy a judgment 472 imposed pursuant to this section may proceed without bond and 473 without the payment of statutory fees associated with judgment 474 enforcement. 475 Section 10. Subsection (2) of section 985.045, Florida 476 Statutes, is amended to read: 477 985.045 Court records.— 478 (2) The clerk shall keep all official records required by 479 this section separate from other records of the circuit court, 480 except those records pertaining to motor vehicle violations, 481 which shall be forwarded to the Department of Highway Safety and 482 Motor Vehicles. Except as provided in ss. 943.053 and 483 985.04(6)(b) and (7), official records required by this chapter 484 are not open to inspection by the public, but may be inspected 485 only upon order of the court by persons deemed by the court to 486 have a proper interest therein, except that a child and the 487 parents, guardians, or legal custodians of the child and their 488 attorneys, law enforcement agencies, the Department of Juvenile 489 Justice and its designees, the Parole Commission, the Department 490 of Corrections, and the Justice Administrative Commission shall 491 always have the right to inspect and copy any official record 492 pertaining to the child. Public defender offices shall have 493 access to official records of juveniles on whose behalf they are 494 expected to appear in detention or other hearings before an 495 appointment of representation. The court may permit authorized 496 representatives of recognized organizations compiling statistics 497 for proper purposes to inspect, and make abstracts from, 498 official records under whatever conditions upon the use and 499 disposition of such records the court may deem proper and may 500 punish by contempt proceedings any violation of those 501 conditions. 502 Section 11. This act shall take effect July 1, 2013.