Bill Text: FL S0838 | 2021 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Clerks of the Circuit Court
Spectrum:
Status: (Passed) 2021-06-18 - Chapter No. 2021-116 [S0838 Detail]
Download: Florida-2021-S0838-Comm_Sub.html
Bill Title: Clerks of the Circuit Court
Spectrum:
Status: (Passed) 2021-06-18 - Chapter No. 2021-116 [S0838 Detail]
Download: Florida-2021-S0838-Comm_Sub.html
Florida Senate - 2021 CS for CS for SB 838
By the Committees on Appropriations; and Judiciary; and Senators
Boyd, Bracy, Wright, Torres, and Hooper
576-04223-21 2021838c2
1 A bill to be entitled
2 An act relating to clerks of the circuit court;
3 amending s. 28.222, F.S.; requiring certain service
4 charges to be distributed in a specified manner;
5 amending s. 28.24, F.S.; defining the term “court
6 record”; specifying the amount of charges for certain
7 services rendered by, and instruments filed with, the
8 clerk of the circuit court which are not court
9 records; amending s. 28.241, F.S.; revising the
10 distribution of revenue from filing fees from the
11 institution of certain appellate proceedings; amending
12 s. 28.246, F.S.; clarifying the responsibility of an
13 individual released from incarceration regarding
14 enrolling in a payment plan for any outstanding court
15 obligations; modifying the manner of calculating a
16 monthly payment amount under a payment plan; requiring
17 the clerk to establish all terms of a payment plan;
18 amending s. 28.35, F.S.; conforming cross-references
19 and provisions to changes made by the act; amending s.
20 28.36, F.S.; conforming a cross-reference and a
21 provision to changes made by the act; requiring the
22 corporation to establish and manage a contingency
23 reserve within the Clerks of the Court Trust Fund for
24 specified purposes; prescribing reporting
25 requirements; specifying circumstances under which
26 moneys held in reserve may be used; prescribing
27 procedures for the release of such funds; amending s.
28 28.37, F.S.; modifying a provision regarding state
29 court system funding; defining terms; conforming a
30 cross-reference; revising provisions governing the
31 transfer of certain funds from the Clerks of the Court
32 Trust Fund to the General Revenue Fund by the
33 Department of Revenue; amending s. 28.42, F.S.;
34 requiring the clerks to develop a uniform payment plan
35 form by a specified date; prescribing requirements for
36 the form; requiring the clerks to use such form by a
37 specified date; amending s. 40.29, F.S.; requiring the
38 clerks of the court to submit requests for
39 reimbursement for jury-related costs to the Florida
40 Clerks of Court Operations Corporation within
41 specified timeframes; requiring the corporation to
42 review such requests for reimbursement; requiring the
43 corporation to submit certain information to the
44 Justice Administrative Commission; requiring the
45 commission to review the information and submit a
46 request for payment to the Chief Financial Officer
47 under certain circumstances; removing a provision
48 authorizing the commission to apportion funds among
49 the counties for certain purposes; amending ss.
50 318.15, 318.20, and 322.245, F.S.; requiring orders
51 and notifications for certain traffic citations and
52 suspensions to include information regarding payment
53 plans; amending s. 775.083, F.S.; designating the
54 clerk as the entity responsible for collecting payment
55 of certain court obligations; requiring a person
56 ordered to pay such obligations to contact the clerk
57 in order to pay or establish a payment plan, unless
58 otherwise provided; amending ss. 27.52, 28.22205,
59 28.246, 45.035, 55.141, 57.082, 197.502, 197.532,
60 197.542, 197.582, 569.23, and 712.06, F.S.; conforming
61 cross-references; providing effective dates.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Effective July 1, 2021, subsection (7) of
66 section 28.222, Florida Statutes, is amended to read:
67 28.222 Clerk to be county recorder.—
68 (7)(a) All instruments recorded in the Official Records
69 must remain shall always be open to the public, under the
70 supervision of the clerk, for the purpose of inspection thereof
71 and of making extracts therefrom.; but
72 (b) The clerk is shall not be required to perform any
73 service in connection with such inspection or making of extracts
74 without payment of service charges as provided in s. 28.24.
75 (c) The clerk, in his or her capacity as county recorder,
76 must retain the service charge payments under s. 28.24, except
77 that those service charge payments that relate to court records
78 or functions and meet the description of court-related functions
79 in s. 28.35(3)(a) must be distributed for those court-related
80 functions.
81 Section 2. Effective July 1, 2021, section 28.24, Florida
82 Statutes, is amended to read:
83 28.24 Service charges.—The clerk of the circuit court shall
84 charge for services rendered manually or electronically by the
85 clerk’s office in recording documents and instruments and in
86 performing other specified duties. These charges may not exceed
87 those specified in this section, except as provided in s.
88 28.345.
89 (1) For purposes of this section, the term “court record”
90 means the contents of a court file and includes:
91 (a) Progress dockets and other similar records generated to
92 document activity in a case.
93 (b) Transcripts filed with the clerk.
94 (c) Documentary exhibits in the custody of the clerk.
95 (d) Electronic records, video recordings, and stenographic
96 tapes of depositions or other proceedings filed with the clerk.
97 (e) Electronic records, video recordings, and stenographic
98 tapes of court proceedings.
99 (2) For examining, comparing, correcting, verifying, and
100 certifying transcripts of record in appellate proceedings,
101 prepared by attorney for appellant or someone else other than
102 clerk, per page: 5.00, from which the clerk shall remit 0.50 per
103 page to the Department of Revenue for deposit into the General
104 Revenue Fund.
105 (3)(2) For preparing, numbering, and indexing an original
106 record of appellate proceedings, per instrument: 3.50, from
107 which the clerk shall remit 0.50 per instrument to the
108 Department of Revenue for deposit into the General Revenue Fund.
109 (4)(a)(3) For certifying copies of any instrument that is a
110 court record in the public records: 2.00, from which the clerk
111 shall remit 0.50 to the Department of Revenue for deposit into
112 the General Revenue Fund.
113 (b) For certifying copies of any instrument that is not a
114 court record in the public records, per page: 2.00.
115 (5)(a)(4) For verifying any instrument presented for
116 certification prepared by someone other than clerk, per page:
117 3.50, from which the clerk shall remit 0.50 per page to the
118 Department of Revenue for deposit into the General Revenue Fund.
119 (b) For verifying any instrument that is not a court record
120 presented for certification prepared by someone other than the
121 clerk, per page: 3.50.
122 (6)(a)(5)(a) For making copies by photographic process of
123 any instrument in the public records consisting of pages of not
124 more than 14 inches by 8 1/2 inches, per page:.............1.00.
125 (b) For making copies by photographic process of any
126 instrument in the public records of more than 14 inches by 8 1/2
127 inches, per page:..........................................5.00.
128 (7)(6) For making microfilm copies of any public records:
129 (a) That are court records:
130 1. 16 mm 100′ microfilm roll: 42.00, from which the clerk
131 shall remit 4.50 to the Department of Revenue for deposit into
132 the General Revenue Fund.
133 2.(b) 35 mm 100′ microfilm roll: 60.00, from which the
134 clerk shall remit 7.50 to the Department of Revenue for deposit
135 into the General Revenue Fund.
136 3.(c) Microfiche, per fiche: 3.50, from which the clerk
137 shall remit 0.50 to the Department of Revenue for deposit into
138 the General Revenue Fund.
139 (b) That are not court records:
140 1. 16 mm 100’ microfilm roll: 42.00.
141 2. 35 mm 100’ microfilm roll: 60.00.
142 3. Microfiche, per fiche: 3.50.
143 (8)(7) For copying any instrument in the public records by
144 other than photographic process, per page:.................6.00.
145 (9)(a)(8) For writing any paper that is a court record
146 other than a paper otherwise herein specifically mentioned in
147 this section, same as for copying, including signing and
148 sealing: 7.00, from which the clerk shall remit 1.00 to the
149 Department of Revenue for deposit into the General Revenue Fund.
150 (b) For writing any paper that is not a court record other
151 than a paper otherwise specifically mentioned in this section,
152 including signing and sealing: 7.00.
153 (10)(9) For indexing each entry not recorded:.......1.00.
154 (11)(10) For receiving money into the registry of court:
155 (a)1. First $500: 3, percent............................3
156 2. Each subsequent $100: 1.5, percent.................1.5
157 (b) Eminent domain actions, per deposit: 170.00, from which
158 the clerk shall remit 20.00 per deposit to the Department of
159 Revenue for deposit into the General Revenue Fund.
160 (12)(11) For examining, certifying, and recording plats and
161 for recording condominium exhibits larger than 14 inches by 8
162 1/2 inches:
163 (a) First page:....................................30.00.
164 (b) Each additional page:..........................15.00.
165 (13)(12) For recording, indexing, and filing any instrument
166 not more than 14 inches by 8 1/2 inches, including required
167 notice to property appraiser where applicable:
168 (a) First page or fraction thereof:.................5.00.
169 (b) Each additional page or fraction thereof:.......4.00.
170 (c) For indexing instruments recorded in the official
171 records which contain more than four names, per additional
172 name:......................................................1.00.
173 (d) An additional service charge must be paid to the clerk
174 of the circuit court to be deposited in the Public Records
175 Modernization Trust Fund for each instrument listed in s.
176 28.222, except judgments received from the courts and notices of
177 lis pendens, recorded in the official records:
178 1. First page:......................................1.00.
179 2. Each additional page:............................0.50.
180
181 Said fund must be held in trust by the clerk and used
182 exclusively for equipment and maintenance of equipment,
183 personnel training, and technical assistance in modernizing the
184 public records system of the office. In a county where the duty
185 of maintaining official records exists in an office other than
186 the office of the clerk of the circuit court, the clerk of the
187 circuit court is entitled to 25 percent of the moneys deposited
188 into the trust fund for equipment, maintenance of equipment,
189 training, and technical assistance in modernizing the system for
190 storing records in the office of the clerk of the circuit court.
191 The fund may not be used for the payment of travel expenses,
192 membership dues, bank charges, staff-recruitment costs, salaries
193 or benefits of employees, construction costs, general operating
194 expenses, or other costs not directly related to obtaining and
195 maintaining equipment for public records systems or for the
196 purchase of furniture or office supplies and equipment not
197 related to the storage of records. On or before December 1,
198 1995, and on or before December 1 of each year immediately
199 preceding each year during which the trust fund is scheduled for
200 legislative review under s. 19(f)(2), Art. III of the State
201 Constitution, each clerk of the circuit court shall file a
202 report on the Public Records Modernization Trust Fund with the
203 President of the Senate and the Speaker of the House of
204 Representatives. The report must itemize each expenditure made
205 from the trust fund since the last report was filed; each
206 obligation payable from the trust fund on that date; and the
207 percentage of funds expended for each of the following:
208 equipment, maintenance of equipment, personnel training, and
209 technical assistance. The report must indicate the nature of the
210 system each clerk uses to store, maintain, and retrieve public
211 records and the degree to which the system has been upgraded
212 since the creation of the trust fund.
213 (e) An additional service charge of $4 per page shall be
214 paid to the clerk of the circuit court for each instrument
215 listed in s. 28.222, except judgments received from the courts
216 and notices of lis pendens, recorded in the official records.
217 From the additional $4 service charge collected:
218 1. If the counties maintain legal responsibility for the
219 costs of the court-related technology needs as defined in s.
220 29.008(1)(f)2. and (h), 10 cents shall be distributed to the
221 Florida Association of Court Clerks and Comptrollers, Inc., for
222 the cost of development, implementation, operation, and
223 maintenance of the clerks’ Comprehensive Case Information
224 System; $1.90 shall be retained by the clerk to be deposited in
225 the Public Records Modernization Trust Fund and used exclusively
226 for funding court-related technology needs of the clerk as
227 defined in s. 29.008(1)(f)2. and (h); and $2 shall be
228 distributed to the board of county commissioners to be used
229 exclusively to fund court-related technology, and court
230 technology needs as defined in s. 29.008(1)(f)2. and (h) for the
231 state trial courts, state attorney, public defender, and
232 criminal conflict and civil regional counsel in that county. If
233 the counties maintain legal responsibility for the costs of the
234 court-related technology needs as defined in s. 29.008(1)(f)2.
235 and (h), notwithstanding any other provision of law, the county
236 is not required to provide additional funding beyond that
237 provided in this section herein for the court-related technology
238 needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
239 court records and official records are the property of the State
240 of Florida, including any records generated as part of the
241 Comprehensive Case Information System funded pursuant to this
242 paragraph and the clerk of court is designated as the custodian
243 of such records, except in a county where the duty of
244 maintaining official records exists in a county office other
245 than the clerk of court or comptroller, such county office is
246 designated the custodian of all official records, and the clerk
247 of court is designated the custodian of all court records. The
248 clerk of court or any entity acting on behalf of the clerk of
249 court, including an association, may not charge a fee to any
250 agency as defined in s. 119.011, the Legislature, or the State
251 Court System for copies of records generated by the
252 Comprehensive Case Information System or held by the clerk of
253 court or any entity acting on behalf of the clerk of court,
254 including an association.
255 2. If the state becomes legally responsible for the costs
256 of court-related technology needs as defined in s.
257 29.008(1)(f)2. and (h), whether by operation of general law or
258 by court order, $4 shall be remitted to the Department of
259 Revenue for deposit into the General Revenue Fund.
260 (14)(a)(13) Oath, administering, attesting, and sealing of
261 court records, not otherwise provided for in this section
262 herein: 3.50, from which the clerk shall remit 0.50 to the
263 Department of Revenue for deposit into the General Revenue Fund.
264 (b) Oath, administering, attesting, and sealing of records
265 that are not court records not otherwise provided for in this
266 section: 3.50.
267 (15)(a)(14) For validating certificates or, any authorized
268 bonds that are court records, each: 3.50, from which the clerk
269 shall remit 0.50 each to the Department of Revenue for deposit
270 into the General Revenue Fund.
271 (b) For validating certificates or any authorized bonds
272 that are not court records, each: 3.50.
273 (16)(15) For preparing affidavit of domicile:.......5.00.
274 (17)(16) For exemplified certificates, including the
275 signing and sealing of them: 7.00, from which the clerk shall
276 remit 1.00 to the Department of Revenue for deposit into the
277 General Revenue Fund.
278 (18)(a)(17) For authenticated certificates that are court
279 records, including the signing and sealing of them: 7.00, from
280 which the clerk shall remit 1.00 to the Department of Revenue
281 for deposit into the General Revenue Fund.
282 (b) For authenticated certificates that are not court
283 records, including the signing and sealing of them: 7.00.
284 (19)(a)(18)(a) For issuing and filing a subpoena for a
285 witness, not otherwise provided for in this section, including
286 the herein (includes writing, preparing, signing, and sealing of
287 it): 7.00, from which the clerk shall remit 1.00 to the
288 Department of Revenue for deposit into the General Revenue Fund.
289 (b) For signing and sealing only: 2.00, from which the
290 clerk shall remit 0.50 to the Department of Revenue for deposit
291 into the General Revenue Fund.
292 (20)(a)(19) For approving a court bond: 8.50, from which
293 the clerk shall remit 1.00 to the Department of Revenue for
294 deposit into the General Revenue Fund.
295 (b) For approving a bond: 8.50.
296 (21)(a)(20) For searching court of records, for each year’s
297 search: 2.00, from which the clerk shall remit 0.50 for each
298 year’s search to the Department of Revenue for deposit into the
299 General Revenue Fund.
300 (b) For searching records that are not court records, for
301 each year’s search: 2.00.
302 (22)(21) For processing an application for a tax deed sale
303 (includes application, sale, issuance, and preparation of tax
304 deed, and disbursement of proceeds of sale), other than excess
305 proceeds:.................................................60.00.
306 (23)(22) For disbursement of excess proceeds of tax deed
307 sale, first $100 or fraction thereof:.....................10.00.
308 (24)(23) Upon receipt of an application for a marriage
309 license, for preparing and administering of oath; issuing,
310 sealing, and recording of the marriage license; and providing a
311 certified copy:...........................................30.00.
312 (25)(24) For solemnizing matrimony:................30.00.
313 (26)(25) For sealing any court file or expungement of any
314 record: 42.00, from which the clerk shall remit 4.50 to the
315 Department of Revenue for deposit into the General Revenue Fund.
316 (27)(a)(26)(a) For receiving and disbursing all restitution
317 payments, per payment: 3.50, from which the clerk shall remit
318 0.50 per payment to the Department of Revenue for deposit into
319 the General Revenue Fund.
320 (b) For receiving and disbursing all partial payments,
321 other than restitution payments, for which an administrative
322 processing service charge is not imposed pursuant to s. 28.246,
323 per month:.................................................5.00.
324 (c) For setting up a payment plan, a one-time
325 administrative processing charge in lieu of a per month charge
326 under paragraph (b):......................................25.00.
327 (28)(27) Postal charges incurred by the clerk of the
328 circuit court in any mailing by certified or registered mail
329 must be paid by the party at whose instance the mailing is made.
330 (29)(28) For furnishing an electronic copy of information
331 contained in a computer database: a fee as provided for in
332 chapter 119.
333 Section 3. Effective July 1, 2021, subsection (2) of
334 section 28.241, Florida Statutes, is amended to read:
335 28.241 Filing fees for trial and appellate proceedings.—
336 (2) Upon the institution of any appellate proceeding from
337 any lower court to the circuit court of any such county,
338 including appeals filed by a county or municipality as provided
339 in s. 34.041(5), or from the county or circuit court to an
340 appellate court of the state, the clerk shall charge and collect
341 from the party or parties instituting such appellate proceedings
342 a filing fee, as follows: not to exceed $280, from which the
343 clerk shall remit $20 to the Department of Revenue for deposit
344 into the General Revenue Fund,
345 (a) For filing a notice of appeal from the county court to
346 the circuit court, a filing fee not to exceed $280. and, in
347 addition to the filing fee required under s. 25.241 or s. 35.22,
348 $100
349 (b) For filing a notice of appeal from the county or
350 circuit court to the district court of appeal or to the Supreme
351 Court, in addition to the filing fee required under s. 25.241 or
352 s. 35.22, a filing fee not to exceed $100, of which the clerk
353 shall remit $20 to the Department of Revenue for deposit into
354 the General Revenue Fund. If the party is determined to be
355 indigent, the clerk shall defer payment of the fee otherwise
356 required by this subsection.
357 Section 4. Subsection (4) of section 28.246, Florida
358 Statutes, is amended to read:
359 28.246 Payment of court-related fines or other monetary
360 penalties, fees, charges, and costs; partial payments;
361 distribution of funds.—
362 (4)(a) Each The clerk of the circuit court shall accept
363 partial payments for each case type for court-related fees,
364 service charges, court costs, and fines in accordance with the
365 terms of an established payment plan developed by the clerk.
366 (b) An individual seeking to defer payment of fees, service
367 charges, court costs, or fines imposed by operation of law or
368 order of the court under any provision of general law shall
369 apply to the clerk for enrollment in a payment plan. The clerk
370 shall enter into a payment plan with an individual who the court
371 determines is indigent for costs. It is the responsibility of an
372 individual who is released from incarceration and has
373 outstanding court obligations to contact the clerk within 30
374 days after release to pay fees, service charges, court costs,
375 and fines in full, or to apply for enrollment in a payment plan.
376 A monthly payment amount, calculated based upon all fees and all
377 anticipated fees, service charges, court costs, and fines, is
378 presumed to correspond to the person’s ability to pay if the
379 amount does not exceed 2 percent of the person’s annual net
380 income, as defined in s. 27.52(1), divided by 12. The clerk
381 shall establish all terms of a payment plan, and the court may
382 review the reasonableness of the payment plan.
383 Section 5. Effective upon this act becoming a law,
384 paragraph (f) of subsection (2) and paragraph (a) of subsection
385 (3) of section 28.35, Florida Statutes, are amended to read:
386 28.35 Florida Clerks of Court Operations Corporation.—
387 (2) The duties of the corporation shall include the
388 following:
389 (f) Approving the proposed budgets submitted by clerks of
390 the court pursuant to s. 28.36. The corporation must ensure that
391 the total combined budgets of the clerks of the court do not
392 exceed the total estimated revenues from fees, service charges,
393 court costs, and fines for court-related functions available for
394 court-related expenditures as determined by the most recent
395 Revenue Estimating Conference, plus the total of unspent
396 budgeted funds for court-related functions carried forward by
397 the clerks of the court from the previous county fiscal year,
398 and plus the balance of funds remaining in the Clerks of the
399 Court Trust Fund after the transfer of funds to the General
400 Revenue Fund required pursuant to s. 28.37(4)(b), and plus any
401 appropriations for court-related functions s. 28.37(3)(b). The
402 corporation may amend any individual clerk of the court budget
403 to ensure compliance with this paragraph and must consider
404 performance measures, workload performance standards, workload
405 measures, and expense data before modifying the budget. As part
406 of this process, the corporation shall:
407 1. Calculate the minimum amount of revenue necessary for
408 each clerk of the court to efficiently perform the list of
409 court-related functions specified in paragraph (3)(a). The
410 corporation shall apply the workload measures appropriate for
411 determining the individual level of review required to fund the
412 clerk’s budget.
413 2. Prepare a cost comparison of similarly situated clerks
414 of the court, based on county population and numbers of filings,
415 using the standard list of court-related functions specified in
416 paragraph (3)(a).
417 3. Conduct an annual base budget review and an annual
418 budget exercise examining the total budget of each clerk of the
419 court. The review shall examine revenues from all sources,
420 expenses of court-related functions, and expenses of noncourt
421 related functions as necessary to determine that court-related
422 revenues are not being used for noncourt-related purposes. The
423 review and exercise shall identify potential targeted budget
424 reductions in the percentage amount provided in Schedule VIII-B
425 of the state’s previous year’s legislative budget instructions,
426 as referenced in s. 216.023(3), or an equivalent schedule or
427 instruction as may be adopted by the Legislature.
428 4. Identify those proposed budgets containing funding for
429 items not included on the standard list of court-related
430 functions specified in paragraph (3)(a).
431 5. Identify those clerks projected to have court-related
432 revenues insufficient to fund their anticipated court-related
433 expenditures.
434 6. Use revenue estimates based on the official estimate for
435 funds from fees, service charges, court costs, and fines for
436 court-related functions accruing to the clerks of the court made
437 by the Revenue Estimating Conference, as well as any unspent
438 budgeted funds for court-related functions carried forward by
439 the clerks of the court from the previous county fiscal year and
440 the balance of funds remaining in the Clerks of the Court Trust
441 Fund after the transfer of funds to the General Revenue Fund
442 required pursuant to s. 28.37(4)(b), plus any appropriations for
443 the purpose of funding court-related functions s. 28.37(3)(b).
444 7. Identify pay and benefit increases in any proposed clerk
445 budget, including, but not limited to, cost of living increases,
446 merit increases, and bonuses.
447 8. Identify increases in anticipated expenditures in any
448 clerk budget that exceeds the current year budget by more than 3
449 percent.
450 9. Identify the budget of any clerk which exceeds the
451 average budget of similarly situated clerks by more than 10
452 percent.
453
454 For the purposes of this paragraph, the term “unspent budgeted
455 funds for court-related functions” means undisbursed funds
456 included in the clerks of the courts budgets for court-related
457 functions established pursuant to this section and s. 28.36.
458 (3)(a) The list of court-related functions that clerks may
459 fund from filing fees, service charges, court costs, and fines
460 is limited to those functions expressly authorized by law or
461 court rule. Those functions include the following: case
462 maintenance; records management; court preparation and
463 attendance; processing the assignment, reopening, and
464 reassignment of cases; processing of appeals; collection and
465 distribution of fines, fees, service charges, and court costs;
466 processing of bond forfeiture payments; data collection and
467 reporting; determinations of indigent status; and paying
468 reasonable administrative support costs to enable the clerk of
469 the court to carry out these court-related functions.
470 Section 6. Effective upon this act becoming a law, present
471 subsections (3) and (4) of section 28.36, Florida Statutes, are
472 redesignated as subsections (4) and (5), respectively, a new
473 subsection (3) is added to that section, and subsection (1),
474 paragraph (b) of subsection (2), and present subsection (4) of
475 that section are amended, to read:
476 28.36 Budget procedure.—There is established a budget
477 procedure for the court-related functions of the clerks of the
478 court.
479 (1) Only those functions listed in s. 28.35(3)(a) may be
480 funded from fees, service charges, court costs, and fines
481 retained by the clerks of the court.
482 (2) Each proposed budget shall further conform to the
483 following requirements:
484 (b) The proposed budget must be balanced such that the
485 total of the estimated revenues available equals or exceeds the
486 total of the anticipated expenditures. Such revenues include
487 revenue projected to be received from fees, service charges,
488 court costs, and fines for court-related functions during the
489 fiscal period covered by the budget, plus the total of unspent
490 budgeted funds for court-related functions carried forward by
491 the clerk of the court from the previous county fiscal year and
492 plus the portion of the balance of funds remaining in the Clerks
493 of the Court Trust Fund after the transfer of funds to the
494 General Revenue Fund required pursuant to s. 28.37(4)(b) s.
495 28.37(3)(b) which has been allocated to each respective clerk of
496 the court by the Florida Clerks of Court Operations Corporation.
497 For the purposes of this paragraph, the term “unspent budgeted
498 funds for court-related functions” means undisbursed funds
499 included in the clerk of the courts’ budget for court related
500 functions established pursuant to s. 28.35 and this section. The
501 anticipated expenditures must be itemized as required by the
502 corporation.
503 (3)(a) The Florida Clerks of Court Operations Corporation
504 shall establish and manage a reserve for contingencies within
505 the Clerks of the Court Trust Fund which must consist of an
506 amount not to exceed 16 percent of the total budget authority
507 for the clerks of court during the current county fiscal year,
508 to be carried forward at the end of the fiscal year. Funds to be
509 held in reserve include transfers of cumulative excess, as
510 provided in s. 28.37(4)(b), from the Clerks of the Court Trust
511 Fund and may also include revenues provided by law or moneys
512 appropriated by the Legislature.
513 (b) The corporation shall provide a reporting of the
514 balance and use of these funds during each county fiscal year as
515 part of the corporation’s annual report submitted under s.
516 28.35(2)(h).
517 (c) The corporation may use the reserve to ensure the
518 clerks of court can perform the court-related functions as
519 provided in s. 28.35(3)(a). Moneys in the Clerks of the Court
520 Trust Fund which are held in reserve may be used by the
521 corporation under the following circumstances:
522 1. To offset a current deficit between the revenue
523 available and the original budget authority. A deficit is deemed
524 to occur when the revenue available to the clerks of court falls
525 below the original revenue projection for that county fiscal
526 year.
527 2. To provide funding for an emergency, as defined in s.
528 252.34(4). The emergency must have been declared by the
529 Governor, pursuant to s. 252.36, or otherwise declared by law.
530 3. To provide funds in the development of the total
531 aggregate budget of the clerks of court to ensure that a minimum
532 continuation budget is met. For purposes of this subparagraph, a
533 minimum continuation budget is the budget approved for the
534 current county fiscal year or some lesser amount adopted by the
535 corporation.
536 (d) To use the reserve, the corporation must request a
537 budget amendment pursuant to s. 216.292.
538 (5)(4) The corporation may approve increases or decreases
539 to the previously authorized budgets approved for individual
540 clerks of the court pursuant to s. 28.35 for court-related
541 functions, if:
542 (a) The additional budget authority is necessary to pay the
543 cost of performing new or additional functions required by
544 changes in law or court rule; or
545 (b) The additional budget authority is necessary to pay the
546 cost of supporting increases in the number of judges or
547 magistrates authorized by the Legislature or increases in the
548 use of hearing officers and senior judges assigned by the
549 courts.
550 Section 7. Effective upon this act becoming a law, section
551 28.37, Florida Statutes, is amended to read:
552 28.37 Fines, fees, service charges, and costs remitted to
553 the state.—
554 (1) Pursuant to s. 14(b), Art. V of the State Constitution,
555 selected salaries, costs, and expenses of the state courts
556 system and court-related functions shall be funded from a
557 portion of the revenues derived from statutory fines, fees,
558 service charges, and court costs collected by the clerks of the
559 court and from adequate and appropriate supplemental funding
560 from state revenues as appropriated by the Legislature.
561 (2) As used in this section, the term:
562 (a) “Cumulative excess” means revenues derived from fines,
563 fees, service charges, and court costs collected by the clerks
564 of the court which are greater than the original revenue
565 projection.
566 (b) “Original revenue projection” means the official
567 estimate, as determined by the Revenue Estimating Conference, of
568 revenues from fines, fees, service charges, and court costs
569 available for court-related functions for the county fiscal year
570 covered by the projection.
571 (3) The Beginning November 1, 2013, that portion of all
572 fines, fees, service charges, and costs collected by the clerks
573 of the court for the previous month which is in excess of one
574 twelfth of the clerks’ total budget for the performance of
575 court-related functions must shall be remitted to the Department
576 of Revenue for deposit into the Clerks of the Court Trust Fund.
577 Such collections do not include funding received for the
578 operation of the Title IV-D child support collections and
579 disbursement program. The clerk of the court shall remit the
580 revenues collected during the previous month due to the state on
581 or before the 10th day of each month.
582 (4)(a)(3)(a) Each year, no later than January 25, for the
583 previous county fiscal year, the clerks of court, in
584 consultation with the Florida Clerks of Court Operations
585 Corporation, shall remit to the Department of Revenue for
586 deposit in the Clerks of the Court Trust Fund the cumulative
587 excess of all fines, fees, service charges, and court costs
588 retained by the clerks of the court, plus any funds received by
589 the clerks of the court from the Clerks of the Court Trust Fund
590 under s. 28.36(4) s. 28.36(3), which exceed the amount needed to
591 meet their authorized budget amounts established under s. 28.35.
592 (b) No later than February 1, 2022, and each February 1
593 thereafter, the Department of Revenue shall transfer 50 percent
594 of the cumulative excess of the original revenue projection from
595 the Clerks of the Court Trust Fund to the General Revenue Fund.
596 The remaining 50 percent in the Clerks of the Court Trust Fund
597 may be used in the development of the total combined budgets of
598 the clerks of the court as provided in s. 28.35(2)(f)6. However,
599 a minimum of 10 percent of the clerk-retained portion of the
600 cumulative excess amount must be held in reserve until such
601 funds reach an amount equal to at least 16 percent of the total
602 budget authority from the current county fiscal year, as
603 provided in s. 28.36(3)(a)
604 1. No later than February 1, 2020, the Department of
605 Revenue shall transfer from the Clerks of the Court Trust Fund
606 to the General Revenue Fund the sum of the cumulative excess of
607 all fines, fees, service charges, and costs submitted by the
608 clerks of court pursuant to subsection (2) and the cumulative
609 excess of all fines, fees, service charges, and costs remitted
610 by the clerks of court pursuant to paragraph (a) in excess of
611 $10 million.
612 2. No later than February 1, 2021, the Department of
613 Revenue shall transfer from the Clerks of the Court Trust Fund
614 to the General Revenue Fund not less than 50 percent of the sum
615 of the cumulative excess of all fines, fees, service charges,
616 and costs submitted by the clerks of court pursuant to
617 subsection (2) and the cumulative excess of all fines, fees,
618 service charges, and costs remitted by the clerks of court
619 pursuant to paragraph (a); provided however, the balance
620 remaining in the Clerks of Courts Trust Fund after such transfer
621 may not be more than $20 million.
622 3. No later than February 1, 2022, the Department of
623 Revenue shall transfer from the Clerks of the Court Trust Fund
624 to the General Revenue Fund not less than 50 percent of the sum
625 of the cumulative excess of all fines, fees, service charges,
626 and costs submitted by the clerks of court pursuant to
627 subsection (2) and the cumulative excess of all fines, fees,
628 service charges, and costs remitted by the clerks of court
629 pursuant to paragraph (a); provided however, the balance
630 remaining in the Clerks of Courts Trust Fund after such transfer
631 may not be more than $20 million.
632 4. No later than February 1, 2023, and each February 1
633 thereafter, the Department of Revenue shall transfer from the
634 Clerks of the Court Trust Fund to the General Revenue Fund the
635 cumulative excess of all fines, fees, service charges, and costs
636 submitted by the clerks of court pursuant to subsection (2) and
637 the cumulative excess of all fines, fees, service charges, and
638 costs remitted by the clerks of court pursuant to paragraph (a).
639 (5)(4) The Department of Revenue shall collect any funds
640 that the Florida Clerks of Court Operations Corporation
641 determines upon investigation were due but not remitted to the
642 Department of Revenue. The corporation shall notify the clerk of
643 the court and the Department of Revenue of the amount due to the
644 Department of Revenue. The clerk of the court shall remit the
645 amount due no later than the 10th day of the month following the
646 month in which notice is provided by the corporation to the
647 clerk of the court.
648 (6)(5) Ten percent of all court-related fines collected by
649 the clerk, except for penalties or fines distributed to counties
650 or municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
651 must shall be deposited into the fine and forfeiture fund to be
652 used exclusively for clerk court-related functions, as provided
653 in s. 28.35(3)(a).
654 Section 8. Section 28.42, Florida Statutes, is amended to
655 read:
656 28.42 Manual of filing fees, charges, costs, and fines;
657 payment plan form.—
658 (1) The clerks of court, through their association and in
659 consultation with the Office of the State Courts Administrator,
660 shall prepare and disseminate a manual of filing fees, service
661 charges, costs, and fines imposed pursuant to state law, for
662 each type of action and offense, and classified as mandatory or
663 discretionary. The manual also shall classify the fee, charge,
664 cost, or fine as court-related revenue or noncourt-related
665 revenue. The clerks, through their association, shall
666 disseminate this manual to the chief judge, state attorney,
667 public defender, and court administrator in each circuit and to
668 the clerk of the court in each county. The clerks, through their
669 association and in consultation with the Office of the State
670 Courts Administrator, shall at a minimum update and disseminate
671 this manual on July 1 of each year.
672 (2) By October 1, 2021, the clerks of court, through the
673 Florida Clerks of Court Operations Corporation, shall develop a
674 uniform payment plan form for use by persons seeking to
675 establish a payment plan in accordance with s. 28.246(4). The
676 form must inform the person of the minimum payment due each
677 month, the term of the plan, acceptable payment methods, and the
678 circumstances under which a case may be sent to collections for
679 nonpayment.
680 (3) By January 1, 2022, each clerk of court shall use the
681 uniform payment plan form developed pursuant to subsection (2)
682 when establishing payment plans.
683 Section 9. Effective July 1, 2021, subsection (5) of
684 section 40.29, Florida Statutes, is amended to read:
685 40.29 Payment of due-process costs.—
686 (5) The Justice Administrative Commission shall reimburse
687 provide funds to the clerks of the court to compensate jurors,
688 to pay for meals or lodging provided to jurors, and to pay for
689 jury-related personnel costs as provided in this section. Each
690 clerk of the court must submit a request for reimbursement shall
691 forward to the Florida Clerks of Court Operations Corporation
692 within 20 days after each quarter attesting to the clerk’s
693 actual costs Justice Administrative Commission a quarterly
694 estimate of funds necessary to compensate jurors, to and pay for
695 meals or lodging provided to jurors, and to pay for jury-related
696 personnel costs during the upcoming quarter. The Florida Clerks
697 of Court Operations Corporation must review the request for
698 reimbursement to ensure that the costs are reasonably and
699 directly related to jury management. The Florida Clerks of Court
700 Operations Corporation must shall forward to the Justice
701 Administrative Commission a quarterly estimate of the amount
702 necessary to reimburse each clerk of the court for its personnel
703 and other costs related to jury management unless the total
704 request for reimbursement by the clerks exceeds the quarterly
705 funds available to the Justice Administrative Commission, in
706 which case the Florida Clerks of Court Operations Corporation
707 shall adjust the cumulative total to match the available funds
708 before submitting the request to the Justice Administrative
709 Commission. Upon receipt of each request for reimbursement such
710 estimates, the Justice Administrative Commission must review
711 shall determine the amount deemed necessary for payment to the
712 clerks of the court for the most recently completed during the
713 upcoming quarter, determine if the total payment amount is
714 available, and submit a request for payment to the Chief
715 Financial Officer. If the Justice Administrative Commission
716 believes that the amount appropriated by the Legislature is
717 insufficient to meet such costs during the remaining part of the
718 state fiscal year, the commission may apportion the funds
719 appropriated in the General Appropriations Act for those
720 purposes among the several counties, basing the apportionment
721 upon the amount expended for such purposes in each county during
722 the prior fiscal year, in which case, the Chief Financial
723 Officer shall issue the appropriate apportioned amount by
724 warrant to each county. The clerks of the court are responsible
725 for any compensation to jurors, for payments for meals or
726 lodging provided to jurors, and for jury-related personnel costs
727 that exceed the funding provided in the General Appropriations
728 Act for these purposes.
729 Section 10. Paragraph (a) of subsection (1) of section
730 318.15, Florida Statutes, is amended to read:
731 318.15 Failure to comply with civil penalty or to appear;
732 penalty.—
733 (1)(a) If a person fails to comply with the civil penalties
734 provided in s. 318.18 within the time period specified in s.
735 318.14(4), fails to enter into or comply with the terms of a
736 penalty payment plan with the clerk of the court in accordance
737 with ss. 318.14 and 28.246, fails to attend driver improvement
738 school, or fails to appear at a scheduled hearing, the clerk of
739 the court must shall notify the Department of Highway Safety and
740 Motor Vehicles of such failure within 10 days after such
741 failure. Upon receipt of such notice, the department must shall
742 immediately issue an order suspending the driver license and
743 privilege to drive of such person effective 20 days after the
744 date the order of suspension is mailed in accordance with s.
745 322.251(1), (2), and (6). The order also must inform the person
746 that he or she may contact the clerk of the court to establish a
747 payment plan pursuant to s. 28.246(4) to make partial payments
748 for court-related fines, fees, service charges, and court costs.
749 Any such suspension of the driving privilege which has not been
750 reinstated, including a similar suspension imposed outside of
751 this state Florida, must shall remain on the records of the
752 department for a period of 7 years from the date imposed and
753 must shall be removed from the records after the expiration of 7
754 years from the date it is imposed. The department may not accept
755 the resubmission of such suspension.
756 Section 11. Section 318.20, Florida Statutes, is amended to
757 read:
758 318.20 Notification; duties of department.—The department
759 shall prepare a notification form to be appended to, or
760 incorporated as a part of, the Florida uniform traffic citation
761 issued in accordance with s. 316.650. The notification form must
762 shall contain language informing persons charged with
763 infractions to which this chapter applies of the procedures
764 available to them under this chapter. Such notification form
765 must shall contain a statement that, if the official determines
766 that no infraction has been committed, no costs or penalties may
767 shall be imposed and any costs or penalties that which have been
768 paid will shall be returned. Additionally, the notification form
769 must include information on paying the civil penalty to the
770 clerk of the court and the ability to establish a payment plan
771 pursuant to s. 28.246(4). A uniform traffic citation that is
772 produced electronically must also include the information
773 required by this section.
774 Section 12. Subsections (1) and (3) and paragraph (a) of
775 subsection (5) of section 322.245, Florida Statutes, are amended
776 to read:
777 322.245 Suspension of license upon failure of person
778 charged with specified offense under chapter 316, chapter 320,
779 or this chapter to comply with directives ordered by traffic
780 court or upon failure to pay child support in non-IV-D cases as
781 provided in chapter 61 or failure to pay any financial
782 obligation in any other criminal case.—
783 (1) If a person charged with a violation of any of the
784 criminal offenses enumerated in s. 318.17 or with the commission
785 of any offense constituting a misdemeanor under chapter 320 or
786 this chapter fails to comply with all of the directives of the
787 court within the time allotted by the court, the clerk of the
788 traffic court must provide shall mail to the person, either
789 electronically or by mail sent to at the address specified on
790 the uniform traffic citation, a notice of such failure,
791 notifying him or her that, if he or she does not comply with the
792 directives of the court within 30 days after the date of the
793 notice and pay a delinquency fee of up to $25 to the clerk, from
794 which the clerk shall remit $10 to the Department of Revenue for
795 deposit into the General Revenue Fund, his or her driver license
796 will be suspended. The notice must shall be sent mailed no later
797 than 5 days after such failure. The delinquency fee may be
798 retained by the office of the clerk to defray the operating
799 costs of the office.
800 (3) If the person fails to comply with the directives of
801 the court within the 30-day period, or, in non-IV-D cases, fails
802 to comply with the requirements of s. 61.13016 within the period
803 specified in that statute, the depository or the clerk of the
804 court must shall electronically notify the department of such
805 failure within 10 days. Upon electronic receipt of the notice,
806 the department shall immediately issue an order suspending the
807 person’s driver license and privilege to drive effective 20 days
808 after the date the order of suspension is mailed in accordance
809 with s. 322.251(1), (2), and (6). The order of suspension must
810 also contain information specifying that the person may contact
811 the clerk of the court to establish a payment plan pursuant to
812 s. 28.246(4) to make partial payments for fines, fees, service
813 charges, and court costs.
814 (5)(a) When the department receives notice from a clerk of
815 the court that a person licensed to operate a motor vehicle in
816 this state under the provisions of this chapter has failed to
817 pay financial obligations for any criminal offense other than
818 those specified in subsection (1), in full or in part under a
819 payment plan pursuant to s. 28.246(4), the department must shall
820 suspend the license of the person named in the notice. The
821 department shall mail an order of suspension in accordance with
822 s. 322.251(1), (2), and (6), which must also contain information
823 specifying that the person may contact the clerk of the court to
824 establish a payment plan pursuant to s. 28.246(4) to make
825 partial payments for fines, fees, service charges, and court
826 costs.
827 Section 13. Present subsection (3) of section 775.083,
828 Florida Statutes, is redesignated as subsection (4), and a new
829 subsection (3) is added to that section, to read:
830 775.083 Fines.—
831 (3) The clerk of the court of each county is the entity
832 responsible for collecting payment of fines, fees, service
833 charges, and court costs. Unless otherwise designated by the
834 court, a person who has been ordered to pay court obligations
835 under this section shall immediately contact the clerk to pay
836 fines, fees, service charges, and court costs in full or to
837 apply for enrollment in a payment plan pursuant to s. 28.246(4).
838 Section 14. Effective July 1, 2021, paragraph (i) of
839 subsection (5) of section 27.52, Florida Statutes, is amended to
840 read:
841 27.52 Determination of indigent status.—
842 (5) INDIGENT FOR COSTS.—A person who is eligible to be
843 represented by a public defender under s. 27.51 but who is
844 represented by private counsel not appointed by the court for a
845 reasonable fee as approved by the court or on a pro bono basis,
846 or who is proceeding pro se, may move the court for a
847 determination that he or she is indigent for costs and eligible
848 for the provision of due process services, as prescribed by ss.
849 29.006 and 29.007, funded by the state.
850 (i) A defendant who is found guilty of a criminal act by a
851 court or jury or enters a plea of guilty or nolo contendere and
852 who received due process services after being found indigent for
853 costs under this subsection is liable for payment of due process
854 costs expended by the state.
855 1. The attorney representing the defendant, or the
856 defendant if he or she is proceeding pro se, shall provide an
857 accounting to the court delineating all costs paid or to be paid
858 by the state within 90 days after disposition of the case
859 notwithstanding any appeals.
860 2. The court shall issue an order determining the amount of
861 all costs paid by the state and any costs for which prepayment
862 was waived under this section or s. 57.081. The clerk shall
863 cause a certified copy of the order to be recorded in the
864 official records of the county, at no cost. The recording
865 constitutes a lien against the person in favor of the state in
866 the county in which the order is recorded. The lien may be
867 enforced in the same manner prescribed in s. 938.29.
868 3. If the attorney or the pro se defendant fails to provide
869 a complete accounting of costs expended by the state and
870 consequently costs are omitted from the lien, the attorney or
871 pro se defendant may not receive reimbursement or any other form
872 of direct or indirect payment for those costs if the state has
873 not paid the costs. The attorney or pro se defendant shall repay
874 the state for those costs if the state has already paid the
875 costs. The clerk of the court may establish a payment plan under
876 s. 28.246 and may charge the attorney or pro se defendant a one
877 time administrative processing charge under s. 28.24(27)(c) s.
878 28.24(26)(c).
879 Section 15. Effective July 1, 2021, section 28.22205,
880 Florida Statutes, is amended to read:
881 28.22205 Electronic filing process.—Each clerk of court
882 shall implement an electronic filing process. The purpose of the
883 electronic filing process is to reduce judicial costs in the
884 office of the clerk and the judiciary, increase timeliness in
885 the processing of cases, and provide the judiciary with case
886 related information to allow for improved judicial case
887 management. The Legislature requests that the Supreme Court set
888 statewide standards for electronic filing to be used by the
889 clerks of court to implement electronic filing. The standards
890 should specify the required information for the duties of the
891 clerks of court and the judiciary for case management. Revenues
892 provided to counties and the clerk of court under s.
893 28.24(13)(e) s. 28.24(12)(e) for information technology may also
894 be used to implement electronic filing processes.
895 Section 16. Effective July 1, 2021, subsection (5) of
896 section 28.246, Florida Statutes, is amended to read:
897 28.246 Payment of court-related fines or other monetary
898 penalties, fees, charges, and costs; partial payments;
899 distribution of funds.—
900 (5) When receiving partial payment of fees, service
901 charges, court costs, and fines, clerks shall distribute funds
902 according to the following order of priority:
903 (a) That portion of fees, service charges, court costs, and
904 fines to be remitted to the state for deposit into the General
905 Revenue Fund.
906 (b) That portion of fees, service charges, court costs, and
907 fines required to be retained by the clerk of the court or
908 deposited into the Clerks of the Court Trust Fund within the
909 Department of Revenue.
910 (c) That portion of fees, service charges, court costs, and
911 fines payable to state trust funds, allocated on a pro rata
912 basis among the various authorized funds if the total collection
913 amount is insufficient to fully fund all such funds as provided
914 by law.
915 (d) That portion of fees, service charges, court costs, and
916 fines payable to counties, municipalities, or other local
917 entities, allocated on a pro rata basis among the various
918 authorized recipients if the total collection amount is
919 insufficient to fully fund all such recipients as provided by
920 law.
921
922 To offset processing costs, clerks may impose either a per-month
923 service charge pursuant to s. 28.24(27)(b) s. 28.24(26)(b) or a
924 one-time administrative processing service charge at the
925 inception of the payment plan pursuant to s. 28.24(27)(c) s.
926 28.24(26)(c).
927 Section 17. Effective July 1, 2021, section 45.035, Florida
928 Statutes, is amended to read:
929 45.035 Clerk’s fees.—In addition to other fees or service
930 charges authorized by law, the clerk shall receive service
931 charges related to the judicial sales procedure set forth in ss.
932 45.031-45.033 ss. 45.031-45.034 and this section:
933 (1) The clerk shall receive a service charge of $70, from
934 which the clerk shall remit $10 to the Department of Revenue for
935 deposit into the General Revenue Fund, for services in making,
936 recording, and certifying the sale and title, which service
937 charge shall be assessed as costs and shall be advanced by the
938 plaintiff before the sale.
939 (2) If there is a surplus resulting from the sale, the
940 clerk may receive the following service charges, which shall be
941 deducted from the surplus:
942 (a) The clerk may withhold the sum of $28 from the surplus
943 which may only be used for purposes of educating the public as
944 to the rights of homeowners regarding foreclosure proceedings.
945 (b) The clerk is entitled to a service charge of $15 for
946 each disbursement of surplus proceeds, from which the clerk
947 shall remit $5 to the Department of Revenue for deposit into the
948 General Revenue Fund.
949 (3) If the sale is conducted by electronic means, as
950 provided in s. 45.031(10), the clerk shall receive an additional
951 service charge not to exceed $70 for services in conducting or
952 contracting for the electronic sale, which service charge shall
953 be assessed as costs and paid when filing for an electronic sale
954 date. If the clerk requires advance electronic deposits to
955 secure the right to bid, such deposits are shall not be subject
956 to the fee under s. 28.24(11) s. 28.24(10). The portion of an
957 advance deposit from a winning bidder required by s. 45.031(3)
958 shall, upon acceptance of the winning bid, be subject to the fee
959 under s. 28.24(11) s. 28.24(10).
960 Section 18. Effective July 1, 2021, subsection (2) of
961 section 55.141, Florida Statutes, is amended to read:
962 55.141 Satisfaction of judgments and decrees; duties of
963 clerk.—
964 (2) Upon such payment, the clerk shall execute and record
965 in the official records a satisfaction of judgment upon payment
966 of the recording charge prescribed in s. 28.24(13) s. 28.24(12).
967 Upon payment of the amount required in subsection (1) and the
968 recording charge required by this subsection and execution and
969 recordation of the satisfaction by the clerk, any lien created
970 by the judgment is satisfied and discharged.
971 Section 19. Effective July 1, 2021, subsection (6) of
972 section 57.082, Florida Statutes, is amended to read:
973 57.082 Determination of civil indigent status.—
974 (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
975 clerk or the court determines is indigent for civil proceedings
976 under this section shall be enrolled in a payment plan under s.
977 28.246 and shall be charged a one-time administrative processing
978 charge under s. 28.24(27)(c) s. 28.24(26)(c). A monthly payment
979 amount, calculated based upon all fees and all anticipated
980 costs, is presumed to correspond to the person’s ability to pay
981 if it does not exceed 2 percent of the person’s annual net
982 income, as defined in subsection (1), divided by 12. The person
983 may seek review of the clerk’s decisions regarding a payment
984 plan established under s. 28.246 in the court having
985 jurisdiction over the matter. A case may not be impeded in any
986 way, delayed in filing, or delayed in its progress, including
987 the final hearing and order, due to nonpayment of any fees or
988 costs by an indigent person. Filing fees waived from payment
989 under s. 57.081 may not be included in the calculation related
990 to a payment plan established under this section.
991 Section 20. Effective July 1, 2021, paragraph (c) of
992 subsection (5) of section 197.502, Florida Statutes, is amended
993 to read:
994 197.502 Application for obtaining tax deed by holder of tax
995 sale certificate; fees.—
996 (5)
997 (c) Upon receiving the tax deed application from the tax
998 collector, the clerk shall record a notice of tax deed
999 application in the official records, which constitutes notice of
1000 the pendency of a tax deed application with respect to the
1001 property and remains effective for 1 year from the date of
1002 recording. A person acquiring an interest in the property after
1003 the tax deed application notice has been recorded is deemed to
1004 be on notice of the pending tax deed sale, and no additional
1005 notice is required. The sale of the property automatically
1006 releases any recorded notice of tax deed application for that
1007 property. If the property is redeemed, the clerk must record a
1008 release of the notice of tax deed application upon payment of
1009 the fees as authorized in s. 28.24(9) and (13) s. 28.24(8) and
1010 (12). The contents of the notice shall be the same as the
1011 contents of the notice of publication required by s. 197.512.
1012 The cost of recording must be collected at the time of
1013 application under subsection (1), and added to the opening bid.
1014 Section 21. Effective July 1, 2021, section 197.532,
1015 Florida Statutes, is amended to read:
1016 197.532 Fees for mailing additional notices, when
1017 application is made by holder.—When the certificateholder makes
1018 a written request of the clerk and furnishes the names and
1019 addresses at the time of the filing of the application, the
1020 clerk shall send a copy of the notice referred to in s. 197.522
1021 to anyone to whom the certificateholder may request him or her
1022 to send it, and the clerk shall include in such notice the
1023 statement required in s. 197.522. The certificateholder shall
1024 pay the clerk the service charges as prescribed in s. 28.24(6)
1025 s. 28.24(5) for preparing and mailing each copy of notice
1026 requested by the holder. When the charges are made, they shall
1027 be added by the clerk to the amount required to redeem the land
1028 from sale.
1029 Section 22. Effective July 1, 2021, subsection (3) and
1030 paragraphs (a) and (b) of subsection (4) of section 197.542,
1031 Florida Statutes, are amended to read:
1032 197.542 Sale at public auction.—
1033 (3) If the sale is canceled for any reason or the buyer
1034 fails to make full payment within the time required, the clerk
1035 shall readvertise the sale within 30 days after the buyer’s
1036 nonpayment or, if canceled, within 30 days after the clerk
1037 receives the costs of resale. The sale shall be held within 30
1038 days after readvertising. Only one advertisement is necessary.
1039 The amount of the opening bid shall be increased by the cost of
1040 advertising, additional clerk’s fees as provided for in s.
1041 28.24(22) s. 28.24(21), and interest as provided for in
1042 subsection (1). If, at the subsequent sale, there are no bidders
1043 at the tax deed sale and the certificateholder fails to pay the
1044 moneys due within 30 days after the sale, the clerk may not
1045 readvertise the sale and shall place the property on a list
1046 entitled “lands available for taxes.” The clerk must receive
1047 full payment before the issuance of the tax deed.
1048 (4)(a) A clerk may conduct electronic tax deed sales in
1049 lieu of public outcry. The clerk must comply with the procedures
1050 provided in this chapter, except that electronic proxy bidding
1051 shall be allowed and the clerk may require bidders to advance
1052 sufficient funds to pay the deposit required by subsection (2).
1053 The clerk shall provide access to the electronic sale by
1054 computer terminals open to the public at a designated location.
1055 A clerk who conducts such electronic sales may receive
1056 electronic deposits and payments related to the sale. The
1057 portion of an advance deposit from a winning bidder required by
1058 subsection (2) shall, upon acceptance of the winning bid, be
1059 subject to the fee under s. 28.24(11) s. 28.24(10).
1060 (b) This subsection does not restrict or limit the
1061 authority of a charter county to conduct electronic tax deed
1062 sales. In a charter county where the clerk of the circuit court
1063 does not conduct all electronic sales, the charter county shall
1064 be permitted to receive electronic deposits and payments related
1065 to sales it conducts, as well as to subject the winning bidder
1066 to a fee, consistent with the schedule in s. 28.24(11) s.
1067 28.24(10).
1068 Section 23. Effective July 1, 2021, paragraph (b) of
1069 subsection (2) of section 197.582, Florida Statutes, is amended
1070 to read:
1071 197.582 Disbursement of proceeds of sale.—
1072 (2)
1073 (b) The mailed notice must include a form for making a
1074 claim under subsection (3). Service charges at the rate set
1075 forth in s. 28.24(11) s. 28.24(10) and the costs of mailing must
1076 be paid out of the surplus funds held by the clerk. If the clerk
1077 or comptroller certifies that the surplus funds are not
1078 sufficient to cover the service charges and mailing costs, the
1079 clerk shall receive the total amount of surplus funds as a
1080 service charge. For purposes of identifying unclaimed property
1081 pursuant to s. 717.113, excess proceeds shall be presumed
1082 payable or distributable on the date the notice is sent.
1083 Section 24. Effective July 1, 2021, paragraph (d) of
1084 subsection (3) of section of 569.23, Florida Statutes, is
1085 amended to read:
1086 569.23 Security requirements for tobacco settlement
1087 agreement signatories, successors, parents, and affiliates.—
1088 (3)
1089 (d) The clerk of the Supreme Court shall collect fees for
1090 receipt of deposits under this subsection as authorized by ss.
1091 28.231 and 28.24(11) 28.24(10)(a). In addition, for as long as
1092 any cash remains on deposit with the clerk pursuant to this
1093 subsection, the clerk of the Supreme Court is entitled to
1094 regularly receive as an additional fee the net investment income
1095 earned thereon. The clerk shall use the services of the Chief
1096 Financial Officer, as needed, for the custody and management of
1097 all bonds, other surety, or cash posted or deposited with the
1098 clerk. All fees collected pursuant to this subsection shall be
1099 deposited in the State Courts Revenue Trust Fund for use as
1100 specified by law.
1101 Section 25. Effective July 1, 2021, subsection (3) of
1102 section 712.06, Florida Statutes, is amended to read:
1103 712.06 Contents of notice; recording and indexing.—
1104 (3) The person providing the notice referred to in s.
1105 712.05, other than a notice for preservation of a community
1106 covenant or restriction, shall:
1107 (a) Cause the clerk of the circuit court to mail by
1108 registered or certified mail to the purported owner of said
1109 property, as stated in such notice, a copy thereof and shall
1110 enter on the original, before recording the same, a certificate
1111 showing such mailing. For preparing the certificate, the
1112 claimant shall pay to the clerk the service charge as prescribed
1113 in s. 28.24(9) s. 28.24(8) and the necessary costs of mailing,
1114 in addition to the recording charges as prescribed in s.
1115 28.24(13) s. 28.24(12). If the notice names purported owners
1116 having more than one address, the person filing the same shall
1117 furnish a true copy for each of the several addresses stated,
1118 and the clerk shall send one such copy to the purported owners
1119 named at each respective address. Such certificate shall be
1120 sufficient if the same reads substantially as follows:
1121
1122 I hereby certify that I did on this ...., mail by
1123 registered (or certified) mail a copy of the foregoing notice to
1124 each of the following at the address stated:
1125
1126 ...(Clerk of the circuit court)...
1127 of .... County, Florida,
1128 By...(Deputy clerk)...
1129
1130 The clerk of the circuit court is not required to mail to the
1131 purported owner of such property any such notice that pertains
1132 solely to the preserving of any covenant or restriction or any
1133 portion of a covenant or restriction; or
1134 (b) Publish once a week, for 2 consecutive weeks, the
1135 notice referred to in s. 712.05, with the official record book
1136 and page number in which such notice was recorded, in a
1137 newspaper as defined in chapter 50 in the county in which the
1138 property is located.
1139 Section 26. Except as otherwise expressly provided in this
1140 act and except for this section, which shall take effect upon
1141 this act becoming a law, this act shall take effect October 1,
1142 2021.
