Bill Text: FL S0860 | 2012 | Regular Session | Comm Sub
Bill Title: Clerks of Court
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2012-03-09 - Died on Calendar, companion bill(s) passed, see CS/CS/HB 937 (Ch. [S0860 Detail]
Download: Florida-2012-S0860-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 860 By the Committees on Governmental Oversight and Accountability; and Judiciary; and Senator Wise 585-03771-12 2012860c2 1 A bill to be entitled 2 An act relating to clerks of court; amending s. 28.13, 3 F.S.; providing requirements for storage of electronic 4 filings; requiring papers and electronic filings to be 5 electronically time stamped; amending s. 28.222, F.S.; 6 authorizing the clerk to remove sealed or expunged 7 court records from the Official Records; amending s. 8 28.24, F.S.; revising provisions concerning an 9 exemption from charges for services provided to 10 specified officials and their staffs; amending s. 11 28.244, F.S.; increasing the threshold amount for 12 automatic repayment of overpayments; amending s. 13 28.345, F.S.; providing for access to clerks’ files by 14 state agencies and an exemption from copying fees and 15 charges; limiting to official use only the application 16 of an exemption from payment of fees and charges 17 assessed by clerks of circuit courts; amending s. 18 28.37, F.S.; providing an exception for certain 19 specified penalties or fines that would otherwise be 20 deposited into the clerk’s Public Records 21 Modernization Trust Fund; amending s. 50.041, F.S.; 22 authorizing the use of electronic proof of publication 23 affidavits; amending s. 119.0714, F.S.; requiring 24 certain persons to provide specific information to the 25 clerk to maintain the public records exemption status 26 of certain information under specified provisions; 27 amending s. 197.542, F.S.; authorizing the clerk to 28 issue a refund to the depositor for redeemed property 29 subject to a tax sale; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Section 28.13, Florida Statutes, is amended to 34 read: 35 28.13To keepPapers and electronic filings.—The clerk of 36 the circuit court shall keep all papers and electronic filings 37filedin the clerk’s office with the utmost care and security, 38 storing them in association with related casearranged in39appropriatefiles and affixing a stamp to the submission 40 indicating(endorsing upon eachthe date and time when the 41 submissionsamewas filed. The clerk), andshall not permit any 42 attorney or other person to remove documents,take papersonce 43 filed, from the control or custodyout of the officeof the 44 clerk without leave of the court, except as otherwiseis45hereinafterprovided by law. 46 Section 2. Subsections (4) through (6) of section 28.222, 47 Florida Statutes, are renumbered as subsections (5) through (7), 48 respectively, and a new subsection (4) is added to that section 49 to read: 50 28.222 Clerk to be county recorder.— 51 (4) The county recorder shall remove recorded court 52 documents from the Official Records pursuant to a sealing or 53 expunction order. 54 Section 3. Section 28.24, Florida Statutes, is amended to 55 read: 56 28.24 Service chargesby clerk of the circuit court.—The 57 clerk of the circuit court shall charge for services rendered by 58 the clerk’s office in recording documents and instruments and in 59 performing the duties enumerated in amounts not to exceed those 60 specified in this section, except as provided in s. 28.345. 61Notwithstanding any other provision of this section, the clerk62of the circuit court shall provide without charge to the state63attorney, public defender, guardian ad litem, public guardian,64attorney ad litem, criminal conflict and civil regional counsel,65and private court-appointed counsel paid by the state, and to66the authorized staff acting on behalf of each, access to and a67copy of any public record, if the requesting party is entitled68by law to view the exempt or confidential record, as maintained69by and in the custody of the clerk of the circuit court as70provided in general law and the Florida Rules of Judicial71Administration. The clerk of the circuit court may provide the72requested public record in an electronic format in lieu of a73paper format when capable of being accessed by the requesting74entity.75 76 Charges 77 78 (1) For examining, comparing, correcting, verifying, and 79 certifying transcripts of record in appellate proceedings, 80 prepared by attorney for appellant or someone else other than 81 clerk, per page.............................................5.00 82 (2) For preparing, numbering, and indexing an original 83 record of appellate proceedings, per instrument.............3.50 84 (3) For certifying copies of any instrument in the public 85 records.....................................................2.00 86 (4) For verifying any instrument presented for 87 certification prepared by someone other than clerk, per page3.50 88 (5)(a) For making copies by photographic process of any 89 instrument in the public records consisting of pages of not more 90 than 14 inches by 8 1/2 inches, per page....................1.00 91 (b) For making copies by photographic process of any 92 instrument in the public records of more than 14 inches by 8 1/2 93 inches, per page............................................5.00 94 (6) For making microfilm copies of any public records: 95 (a) 16 mm 100′ microfilm roll.......................42.00 96 (b) 35 mm 100′ microfilm roll.......................60.00 97 (c) Microfiche, per fiche............................3.50 98 (7) For copying any instrument in the public records by 99 other than photographic process, per page...................6.00 100 (8) For writing any paper other than herein specifically 101 mentioned, same as for copying, including signing and sealing7.00 102 (9) For indexing each entry not recorded.............1.00 103 (10) For receiving money into the registry of court: 104 (a)1. First $500, percent...............................3 105 2. Each subsequent $100, percent......................1.5 106 (b) Eminent domain actions, per deposit............170.00 107 (11) For examining, certifying, and recording plats and for 108 recording condominium exhibits larger than 14 inches by 8 1/2 109 inches: 110 (a) First page......................................30.00 111 (b) Each additional page............................15.00 112 (12) For recording, indexing, and filing any instrument not 113 more than 14 inches by 8 1/2 inches, including required notice 114 to property appraiser where applicable: 115 (a) First page or fraction thereof...................5.00 116 (b) Each additional page or fraction thereof.........4.00 117 (c) For indexing instruments recorded in the official 118 records which contain more than four names, per additional 119 name........................................................1.00 120 (d) An additional service charge shall be paid to the clerk 121 of the circuit court to be deposited in the Public Records 122 Modernization Trust Fund for each instrument listed in s. 123 28.222, except judgments received from the courts and notices of 124 lis pendens, recorded in the official records: 125 1. First page........................................1.00 126 2. Each additional page..............................0.50 127 128 Said fund shall be held in trust by the clerk and used 129 exclusively for equipment and maintenance of equipment, 130 personnel training, and technical assistance in modernizing the 131 public records system of the office. In a county where the duty 132 of maintaining official records exists in an office other than 133 the office of the clerk of the circuit court, the clerk of the 134 circuit court is entitled to 25 percent of the moneys deposited 135 into the trust fund for equipment, maintenance of equipment, 136 training, and technical assistance in modernizing the system for 137 storing records in the office of the clerk of the circuit court. 138 The fund may not be used for the payment of travel expenses, 139 membership dues, bank charges, staff-recruitment costs, salaries 140 or benefits of employees, construction costs, general operating 141 expenses, or other costs not directly related to obtaining and 142 maintaining equipment for public records systems or for the 143 purchase of furniture or office supplies and equipment not 144 related to the storage of records. On or before December 1, 145 1995, and on or before December 1 of each year immediately 146 preceding each year during which the trust fund is scheduled for 147 legislative review under s. 19(f)(2), Art. III of the State 148 Constitution, each clerk of the circuit court shall file a 149 report on the Public Records Modernization Trust Fund with the 150 President of the Senate and the Speaker of the House of 151 Representatives. The report must itemize each expenditure made 152 from the trust fund since the last report was filed; each 153 obligation payable from the trust fund on that date; and the 154 percentage of funds expended for each of the following: 155 equipment, maintenance of equipment, personnel training, and 156 technical assistance. The report must indicate the nature of the 157 system each clerk uses to store, maintain, and retrieve public 158 records and the degree to which the system has been upgraded 159 since the creation of the trust fund. 160 (e) An additional service charge of $4 per page shall be 161 paid to the clerk of the circuit court for each instrument 162 listed in s. 28.222, except judgments received from the courts 163 and notices of lis pendens, recorded in the official records. 164 From the additional $4 service charge collected: 165 1. If the counties maintain legal responsibility for the 166 costs of the court-related technology needs as defined in s. 167 29.008(1)(f)2. and (h), 10 cents shall be distributed to the 168 Florida Association of Court Clerks and Comptroller, Inc., for 169 the cost of development, implementation, operation, and 170 maintenance of the clerks’ Comprehensive Case Information 171 System, in which system all clerks shall participate on or 172 before January 1, 2006; $1.90 shall be retained by the clerk to 173 be deposited in the Public Records Modernization Trust Fund and 174 used exclusively for funding court-related technology needs of 175 the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall 176 be distributed to the board of county commissioners to be used 177 exclusively to fund court-related technology, and court 178 technology needs as defined in s. 29.008(1)(f)2. and (h) for the 179 state trial courts, state attorney, public defender, and 180 criminal conflict and civil regional counsel in that county. If 181 the counties maintain legal responsibility for the costs of the 182 court-related technology needs as defined in s. 29.008(1)(f)2. 183 and (h), notwithstanding any other provision of law, the county 184 is not required to provide additional funding beyond that 185 provided herein for the court-related technology needs of the 186 clerk as defined in s. 29.008(1)(f)2. and (h). All court records 187 and official records are the property of the State of Florida, 188 including any records generated as part of the Comprehensive 189 Case Information System funded pursuant to this paragraph and 190 the clerk of court is designated as the custodian of such 191 records, except in a county where the duty of maintaining 192 official records exists in a county office other than the clerk 193 of court or comptroller, such county office is designated the 194 custodian of all official records, and the clerk of court is 195 designated the custodian of all court records. The clerk of 196 court or any entity acting on behalf of the clerk of court, 197 including an association, shall not charge a fee to any agency 198 as defined in s. 119.011, the Legislature, or the State Court 199 System for copies of records generated by the Comprehensive Case 200 Information System or held by the clerk of court or any entity 201 acting on behalf of the clerk of court, including an 202 association. 203 2. If the state becomes legally responsible for the costs 204 of court-related technology needs as defined in s. 205 29.008(1)(f)2. and (h), whether by operation of general law or 206 by court order, $4 shall be remitted to the Department of 207 Revenue for deposit into the General Revenue Fund. 208 (13) Oath, administering, attesting, and sealing, not 209 otherwise provided for herein...............................3.50 210 (14) For validating certificates, any authorized bonds, 211 each........................................................3.50 212 (15) For preparing affidavit of domicile.............5.00 213 (16) For exemplified certificates, including signing and 214 sealing.....................................................7.00 215 (17) For authenticated certificates, including signing and 216 sealing.....................................................7.00 217 (18)(a) For issuing and filing a subpoena for a witness, 218 not otherwise provided for herein (includes writing, preparing, 219 signing, and sealing).......................................7.00 220 (b) For signing and sealing only.....................2.00 221 (19) For approving bond..............................8.50 222 (20) For searching of records, for each year’s search2.00 223 (21) For processing an application for a tax deed sale 224 (includes application, sale, issuance, and preparation of tax 225 deed, and disbursement of proceeds of sale), other than excess 226 proceeds...................................................60.00 227 (22) For disbursement of excess proceeds of tax deed sale, 228 first $100 or fraction thereof.............................10.00 229 (23) Upon receipt of an application for a marriage license, 230 for preparing and administering of oath; issuing, sealing, and 231 recording of the marriage license; and providing a certified 232 copy.......................................................30.00 233 (24) For solemnizing matrimony......................30.00 234 (25) For sealing any court file or expungement of any 235 record.....................................................42.00 236 (26)(a) For receiving and disbursing all restitution 237 payments, per payment.......................................3.50 238 (b) For receiving and disbursing all partial payments, 239 other than restitution payments, for which an administrative 240 processing service charge is not imposed pursuant to s. 28.246, 241 per month...................................................5.00 242 (c) For setting up a payment plan, a one-time 243 administrative processing charge in lieu of a per month charge 244 under paragraph (b)........................................25.00 245 (27) Postal charges incurred by the clerk of the circuit 246 court in any mailing by certified or registered mail shall be 247 paid by the party at whose instance the mailing is made. 248 (28) For furnishing an electronic copy of information 249 contained in a computer database: a fee as provided for in 250 chapter 119. 251 Section 4. Section 28.244, Florida Statutes, is amended to 252 read: 253 28.244 Refunds.—A clerk of the circuit court or a filing 254 officer of another office where records are filed who receives 255 payment for services provided and thereafter determines that an 256 overpayment has occurred shall refund to the person who made the 257 payment the amount of any overpayment that exceeds $10$5. If 258 the amount of the overpayment is $10$5or less, the clerk of 259 the circuit court or a filing officer of another office where 260 records are filed is not required to refund the amount of the 261 overpayment unless the person who made the overpayment makes a 262 written request. 263 Section 5. Section 28.345, Florida Statutes, is amended to 264 read: 265 28.345 State access to records; exemption from court 266 related fees and charges.— 267 (1) Notwithstanding any other provision of law to the 268 contrary, the clerk of the circuit court shall provide without 269 charge to the state attorney, public defender, guardian ad 270 litem, public guardian, attorney ad litem, criminal conflict and 271 civil regional counsel, and private court-appointed counsel paid 272 by the state, and to the authorized staff acting on behalf of 273 each, access to and a copy of any public record. If the public 274 record is exempt or confidential, the requesting party is only 275 entitled by law to view or copy the exempt or confidential 276 record if authority is provided in general law or the Florida 277 Rules of Judicial Administration. The clerk of the circuit court 278 may provide the requested public record in an electronic format 279 in lieu of a paper format when the requesting entity is capable 280 of accessing it in an electronic format. For purposes of this 281 subsection, the term “copy of a public record” means any 282 facsimile, replica, photograph, or other reproduction of a 283 record. 284 (2) Notwithstanding any otherprovision of this chapter or285 law to the contrary, judges and those court staff acting on 286 behalf of judges, state attorneys, guardians ad litem, public 287 guardians, attorneys ad litem, court-appointed private counsel, 288 criminal conflict and civil regional counsel,andpublic 289 defenders, and state agencies, while acting in their official 290 capacity,and state agencies,are exempt from all court-related 291 fees and charges assessed by the clerks of the circuit courts. 292 (3) The exemptions provided in subsections (1) and (2) 293 apply only to state agencies and state entities and the party 294 that an agency or entity is representing. The clerk of court 295 shall collect the filing fees and services charges as required 296 in this chapter from all other parties. 297 Section 6. Section 28.37, Florida Statutes, is amended to 298 read: 299 28.37 Fines, fees, service charges, and costs remitted to 300 the state.— 301 (1) Pursuant to s. 14(b), Art. V of the State Constitution, 302 selected salaries, costs, and expenses of the state courts 303 system and court-related functions shall be funded from a 304 portion of the revenues derived from statutory fines, fees, 305 service charges, and costs collected by the clerks of the court. 306 (2) Except as otherwise provided in ss. 28.241 and 34.041, 307 all court-related fines, fees, service charges, and costs are 308 considered state funds and shall be remitted by the clerk to the 309 Department of Revenue for deposit into the Clerks of the Court 310 Trust Fund within the Justice Administrative Commission. 311 However, 10 percent of all court-related fines collected by the 312 clerk, except for penalties or fines distributed under s. 313 316.0083(1)(b)3. or s. 318.18(15)(a) to counties or 314 municipalities, shall be deposited into the clerk’s Public 315 Records Modernization Trust Fund to be used exclusively for 316 additional clerk court-related operational needs and program 317 enhancements. 318 Section 7. Subsection (2) of section 50.041, Florida 319 Statutes, is amended to read: 320 50.041 Proof of publication; uniform affidavits required.— 321 (2) Each such affidavit shall be printed upon white bond 322 paper containing at least 25 percent rag material and shall be 8 323 1/2 inches in width and of convenient length, not less than 5 324 1/2 inches. A white margin of not less than 2 1/2 inches shall 325 be left at the right side of each affidavit form and upon or in 326 this space shall be substantially pasted a clipping which shall 327 be a true copy of the public notice or legal advertisement for 328 which proof is executed. Alternatively, each such affidavit may 329 be provided in electronic rather than paper form, provided the 330 notarization of the affidavit complies with the requirements of 331 s. 117.021. 332 Section 8. Subsections (2) and (3) of section 119.0714, 333 Florida Statutes, are amended to read: 334 119.0714 Court files; court records; official records.— 335 (2) COURT RECORDS.— 336 (a)1. Until January 1, 2012, if a social security number or 337 a bank account, debit, charge, or credit card number is included 338 in a court file, such number may be included as part of the 339 court record available for public inspection and copying unless 340 redaction is requested by the holder of such number or by the 341 holder’s attorney or legal guardian. 342 2.(b)A request for redaction must be a signed, legibly 343 written request specifying the case name, case number, document 344 heading, and page number. The request must be delivered by mail, 345 facsimile, electronic transmission, or in person to the clerk of 346 the court. The clerk of the court does not have a duty to 347 inquire beyond the written request to verify the identity of a 348 person requesting redaction. 349 3.(c)A fee may not be charged for the redaction of a 350 social security number or a bank account, debit, charge, or 351 credit card number pursuant to such request. 352 4.(d)The clerk of the court has no liability for the 353 inadvertent release of social security numbers, or bank account, 354 debit, charge, or credit card numbers, unknown to the clerk of 355 the court in court records filed on or before January 1, 2012. 356 5.a.(e)1.On January 1, 2012, and thereafter, the clerk of 357 the court must keep social security numbers confidential and 358 exempt as provided for in s. 119.071(5)(a), and bank account, 359 debit, charge, and credit card numbers exempt as provided for in 360 s. 119.071(5)(b), without any person having to request 361 redaction. 362 b.2.Section 119.071(5)(a)7. and 8. does not apply to the 363 clerks of the court with respect to court records. 364 (b) A request for maintenance of a public record exemption 365 in s. 119.071(4)(d)1. made pursuant to s. 119.071(4)(d)2. must 366 specify the document type, name, identification number, and page 367 number of the court record that contains the exempt information. 368 (3) OFFICIAL RECORDS.— 369 (a)1. Any person who prepares or files a record for 370 recording in the official records as provided in chapter 28 may 371 not include in that record a social security number or a bank 372 account, debit, charge, or credit card number unless otherwise 373 expressly required by law. 374 2.a.(b)1.If a social security number or a bank account, 375 debit, charge, or credit card number is included in an official 376 record, such number may be made available as part of the 377 official records available for public inspection and copying 378 unless redaction is requested by the holder of such number or by 379 the holder’s attorney or legal guardian. 380 b.2.If such record is in electronic format, on January 1, 381 2011, and thereafter, the county recorder must use his or her 382 best effort, as provided in subparagraph 8.paragraph (h), to 383 keep social security numbers confidential and exempt as provided 384 for in s. 119.071(5)(a), and to keep complete bank account, 385 debit, charge, and credit card numbers exempt as provided for in 386 s. 119.071(5)(b), without any person having to request 387 redaction. 388 c.3.Section 119.071(5)(a)7. and 8. does not apply to the 389 county recorder with respect to official records. 390 3.(c)The holder of a social security number or a bank 391 account, debit, charge, or credit card number, or the holder’s 392 attorney or legal guardian, may request that a county recorder 393 redact from an image or copy of an official record placed on a 394 county recorder’s publicly available Internet website or on a 395 publicly available Internet website used by a county recorder to 396 display public records, or otherwise made electronically 397 available to the public, his or her social security number or 398 bank account, debit, charge, or credit card number contained in 399 that official record. 400 4.(d)A request for redaction must be a signed, legibly 401 written request and must be delivered by mail, facsimile, 402 electronic transmission, or in person to the county recorder. 403 The request must specify the identification page number of the 404 record that contains the number to be redacted. 405 5.(e)The county recorder does not have a duty to inquire 406 beyond the written request to verify the identity of a person 407 requesting redaction. 408 6.(f)A fee may not be charged for redacting a social 409 security number or a bank account, debit, charge, or credit card 410 number. 411 7.(g)A county recorder shall immediately and conspicuously 412 post signs throughout his or her offices for public viewing, and 413 shall immediately and conspicuously post on any Internet website 414 or remote electronic site made available by the county recorder 415 and used for the ordering or display of official records or 416 images or copies of official records, a notice stating, in 417 substantially similar form, the following: 418 a.1.On or after October 1, 2002, any person preparing or 419 filing a record for recordation in the official records may not 420 include a social security number or a bank account, debit, 421 charge, or credit card number in such document unless required 422 by law. 423 b.2.Any person has a right to request a county recorder to 424 remove from an image or copy of an official record placed on a 425 county recorder’s publicly available Internet website or on a 426 publicly available Internet website used by a county recorder to 427 display public records, or otherwise made electronically 428 available to the general public, any social security number 429 contained in an official record. Such request must be made in 430 writing and delivered by mail, facsimile, or electronic 431 transmission, or delivered in person, to the county recorder. 432 The request must specify the identification page number that 433 contains the social security number to be redacted. A fee may 434 not be charged for the redaction of a social security number 435 pursuant to such a request. 436 8.(h)If the county recorder accepts or stores official 437 records in an electronic format, the county recorder must use 438 his or her best efforts to redact all social security numbers 439 and bank account, debit, charge, or credit card numbers from 440 electronic copies of the official record. The use of an 441 automated program for redaction shall be deemed to be the best 442 effort in performing the redaction and shall be deemed in 443 compliance with the requirements of this subsection. 444 9.(i)The county recorder is not liable for the inadvertent 445 release of social security numbers, or bank account, debit, 446 charge, or credit card numbers, filed with the county recorder. 447 (b) A request for maintenance of a public record exemption 448 in s. 119.071(4)(d)1. made pursuant to s. 119.071(4)(d)2. must 449 specify the document type, name, identification number, and page 450 number of the official record that contains the exempt 451 information. 452 Section 9. Subsection (2) of section 197.542, Florida 453 Statutes, is amended to read: 454 197.542 Sale at public auction.— 455 (2) The certificateholder has the right to bid as others 456 present may bid, and the property shall be struck off and sold 457 to the highest bidder. The high bidder shall post with the clerk 458 a nonrefundable deposit of 5 percent of the bid or $200, 459 whichever is greater, at the time of the sale, to be applied to 460 the sale price at the time of full payment. Notice of the 461 deposit requirement must be posted at the auction site, and the 462 clerk may require bidders to show their willingness and ability 463 to post the deposit. If full payment of the final bid and of 464 documentary stamp tax and recording fees is not made within 24 465 hours, excluding weekends and legal holidays, the clerk shall 466 cancel all bids, readvertise the sale as provided in this 467 section, and pay all costs of the sale from the deposit. Any 468 remaining funds must be applied toward the opening bid. If the 469 property is redeemed prior to the clerk receiving full payment 470 for the issuance of a tax deed, in order to receive a refund of 471 the deposit described in this subsection, the high bidder must 472 submit a request for such refund in writing to the clerk. Upon 473 receipt of the refund request, the clerk shall refund the cash 474 deposit. The clerk may refuse to recognize the bid of any person 475 who has previously bid and refused, for any reason, to honor 476 such bid. 477 Section 10. This act shall take effect upon becoming a law.