Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 788
       
       
       
       
       
                               Ì641598WÎ641598                          
       
       576-03654-14                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Finance and Tax)
    1                        A bill to be entitled                      
    2         An act relating to clerks of court; amending s. 40.32,
    3         F.S.; authorizing jurors and witnesses to be paid by
    4         check; amending s. 77.27, F.S.; conforming a provision
    5         to changes made by the act; amending s. 77.28, F.S.;
    6         requiring a party applying for garnishment to pay a
    7         deposit to the garnishee, rather than in the registry
    8         of the court; deleting a provision that requires the
    9         clerk to collect a specified fee; amending s. 197.432,
   10         F.S.; providing requirements for the sale of tax
   11         certificates; amending s. 197.472, F.S.; revising
   12         requirements for the redemption of tax certificates;
   13         amending s. 197.502, F.S.; requiring the
   14         certificateholder to pay costs of resale within 30
   15         days under certain circumstances; providing
   16         circumstances under which land shall be placed on a
   17         specified list; deleting a provision relating to a
   18         notification procedure; amending s. 197.542, F.S.;
   19         requiring the certificateholder to pay a specified
   20         amount of the assessed value of the homestead under
   21         certain circumstances; providing circumstances under
   22         which land shall be placed on a specified list;
   23         amending s. 197.582, F.S; clarifying notice
   24         requirements; providing for excess proceeds relating
   25         to unclaimed property; requiring the clerk to ensure
   26         that excess funds are paid according to specified
   27         priorities; providing for interpleader actions and the
   28         award of reasonable fees and costs; providing an
   29         effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsection (3) of section 40.32, Florida
   34  Statutes, is amended to read:
   35         40.32 Clerks to disburse money; payments to jurors and
   36  witnesses.—
   37         (3) Jurors and witnesses shall be paid by the clerk of the
   38  court either in cash, by check, or by warrant within 20 days
   39  after completion of jury service or of completion of service as
   40  a witness.
   41         (a) If Whenever the clerk of the court pays a juror or
   42  witness by cash, the juror or witness shall sign the payroll in
   43  the presence of the clerk, a deputy clerk, or some other person
   44  designated by the clerk.
   45         (b) If Whenever the clerk pays a juror or witness by
   46  warrant, he or she shall endorse on the payroll opposite the
   47  juror’s or witness’s name the words “Paid by warrant,” giving
   48  the number and date of the warrant.
   49         Section 2. Section 77.27, Florida Statutes, is amended to
   50  read:
   51         77.27 No appeal until fees are paid.—If the writ is
   52  dismissed or plaintiff fails to sustain his or her claim, an no
   53  appeal from the judgment is not shall be permitted until the
   54  attorney attorney’s fee provided in s. 77.28 has been paid into
   55  court.
   56         Section 3. Section 77.28, Florida Statutes, is amended to
   57  read:
   58         77.28 Garnishment; attorney attorney’s fees, costs,
   59  expenses; deposit required.—Upon Before issuance of any writ of
   60  garnishment, the party applying for it shall pay deposit $100 in
   61  the registry of the court which shall be paid to the garnishee
   62  on the garnishee’s demand at any time after the service of the
   63  writ for the payment or part payment of his or her attorney
   64  attorney’s fee which the garnishee expends or agrees to expend
   65  in obtaining representation in response to the writ. At the time
   66  of deposit, the clerk shall collect the statutory fee provided
   67  by s. 28.24(10) in addition to the $100 deposited into the
   68  registry of the court. On rendering final judgment, the court
   69  shall determine the garnishee’s costs and expenses, including a
   70  reasonable attorney attorney’s fee, and in the event of a
   71  judgment in favor of the plaintiff, the amount is shall be
   72  subject to offset by the garnishee against the defendant whose
   73  property or debt owing is being garnished. In addition, the
   74  court shall tax the garnishee’s costs and expenses as costs. The
   75  plaintiff may recover in this manner the sum advanced by him or
   76  her plaintiff and paid into registry of court, and, if the
   77  amount allowed by the court is greater than the amount paid of
   78  the deposit, together with any offset, judgment for the
   79  garnishee shall be entered against the party against whom the
   80  costs are taxed for the deficiency.
   81         Section 4. Subsection (4) of section 197.432, Florida
   82  Statutes, is amended to read:
   83         197.432 Sale of tax certificates for unpaid taxes.—
   84         (4) A tax certificate representing less than $250 in
   85  delinquent taxes on property that has been granted a homestead
   86  exemption for the year in which the delinquent taxes were
   87  assessed may not be sold at public auction or by electronic sale
   88  as provided in subsection (1) but must be issued by the tax
   89  collector to the county at the maximum rate of interest allowed.
   90  Section The provisions of s. 197.4725 or s. 197.502(3) may not
   91  be invoked if the homestead exemption is granted to the person
   92  who received the homestead exemption for the year in which the
   93  tax certificate was issued unless any. However, if all such tax
   94  certificates and accrued interest represent an amount of $250 or
   95  more, s. 197.502(3) shall be used to determine whether the
   96  county must apply for a tax deed.
   97         Section 5. Subsection (1) of section 197.472, Florida
   98  Statutes, is amended to read:
   99         197.472 Redemption of tax certificates.—
  100         (1) A Any person may redeem a tax certificate at any time
  101  after the certificate is issued and before a tax deed is issued
  102  unless full payment for a tax deed is made to the clerk of the
  103  court, including documentary stamps and recording fees or the
  104  property is placed on the list of lands available for sale. The
  105  person redeeming a tax certificate shall pay the tax collector
  106  the face amount plus all interest, costs, and charges.
  107         Section 6. Subsections (2) and (7) of section 197.502,
  108  Florida Statutes, are amended to read:
  109         197.502 Application for obtaining tax deed by holder of tax
  110  sale certificate; fees.—
  111         (2) A certificateholder, other than the county, who makes
  112  application for a tax deed shall pay the tax collector at the
  113  time of application all amounts required for redemption or
  114  purchase of all other outstanding tax certificates, plus
  115  interest, any omitted taxes, plus interest, any delinquent
  116  taxes, plus interest, and current taxes, if due, covering the
  117  property. In addition, the certificateholder shall pay the costs
  118  of resale, if applicable, and failure to pay such costs within
  119  30 days after notice from the clerk shall result in the clerk’s
  120  entering the land on a list entitled “lands available for
  121  taxes.”
  122         (7) On county-held or individually held certificates for
  123  which there are no bidders at the public sale and for which the
  124  certificateholder fails to timely pay costs of resale or fails
  125  to pay the amounts due for issuance of a tax deed within 30 days
  126  after the sale, the clerk shall enter the land on a list
  127  entitled “lands available for taxes” and shall immediately
  128  notify the county commission and all other persons holding
  129  certificates against the property that the property is
  130  available. During the first 90 days after the property is placed
  131  on the list, the county may purchase the land for the opening
  132  bid or may waive its rights to purchase the property.
  133  Thereafter, any person, the county, or any other governmental
  134  unit may purchase the property from the clerk, without further
  135  notice or advertising, for the opening bid, except that if the
  136  county or other governmental unit is the purchaser for its own
  137  use, the board of county commissioners may cancel omitted years’
  138  taxes, as provided under s. 197.447. If the county does not
  139  elect to purchase the property, the county must notify each
  140  legal titleholder of property contiguous to the property
  141  available for taxes, as provided in paragraph (4)(h), before
  142  expiration of the 90-day period. Interest on the opening bid
  143  continues to accrue through the month of sale as prescribed by
  144  s. 197.542.
  145         Section 7. Subsections (1) and (3) of section 197.542,
  146  Florida Statues, are amended to read:
  147         197.542 Sale at public auction.—
  148         (1) Real property advertised for sale to the highest bidder
  149  as a result of an application filed under s. 197.502 shall be
  150  sold at public auction by the clerk of the circuit court, or his
  151  or her deputy, of the county where the property is located on
  152  the date, at the time, and at the location as set forth in the
  153  published notice, which must be during the regular hours the
  154  clerk’s office is open. The amount required to redeem the tax
  155  certificate, plus the amounts paid by the holder to the clerk in
  156  charges for costs of sale, redemption of other tax certificates
  157  on the same property, and all other costs to the applicant for
  158  tax deed, plus interest at the rate of 1.5 percent per month for
  159  the period running from the month after the date of application
  160  for the deed through the month of sale and costs incurred for
  161  the service of notice provided for in s. 197.522(2), shall be
  162  the bid of the certificateholder for the property. If tax
  163  certificates exist or if delinquent taxes accrued subsequent to
  164  the filing of the tax deed application, the amount required to
  165  redeem such tax certificates or pay such delinquent taxes must
  166  be included in the minimum bid. However, if the land to be sold
  167  is assessed on the latest tax roll as homestead property, the
  168  bid of the certificateholder must be increased to include an
  169  amount equal to one-half of the assessed value of the homestead
  170  property as required by s. 197.502. If there are no higher bids,
  171  the property shall be struck off and sold to the
  172  certificateholder, who shall pay to the clerk any amounts
  173  included in the minimum bid not already paid, including, but not
  174  limited to, the documentary stamp tax, the and recording fees,
  175  and, if the property is homestead property, the moneys to cover
  176  the one-half value of the homestead within 30 days after the
  177  sale due. Upon payment, a tax deed shall be issued and recorded
  178  by the clerk. If the certificateholder fails to make full
  179  payment when due, the clerk shall enter the land on a list
  180  entitled “lands available for taxes.”
  181         (3) If the sale is canceled for any reason, or the buyer
  182  fails to make full payment within the time required, the clerk
  183  shall immediately readvertise the sale to be held within 30 days
  184  after the buyer’s nonpayment or, if canceled, within 30 days
  185  after the clerk receives the costs of resale. The sale shall be
  186  held within 30 days after readvertising after the date the sale
  187  was canceled. Only one advertisement is necessary. The amount of
  188  the opening bid shall be increased by the cost of advertising,
  189  additional clerk’s fees as provided for in s. 28.24(21), and
  190  interest as provided for in subsection (1). If, at the
  191  subsequent sale, there are no bidders at the tax deed sale and
  192  the certificateholder fails to pay the moneys due within 30 days
  193  after the sale, the clerk may not readvertise the sale and shall
  194  place the property on a list entitled “lands available for
  195  taxes.” This process must be repeated until the property is sold
  196  and the clerk receives full payment or the clerk does not
  197  receive any bids other than the bid of the certificateholder.
  198  The clerk must receive full payment before the issuance of the
  199  tax deed.
  200         Section 8. Subsection (2) of section 197.582, Florida
  201  Statutes, is amended, and subsection (3) is added to that
  202  section, to read:
  203         197.582 Disbursement of proceeds of sale.—
  204         (2) If the property is purchased for an amount in excess of
  205  the statutory bid of the certificateholder, the excess must be
  206  paid over and disbursed by the clerk. If the property purchased
  207  is homestead property and the statutory bid includes an amount
  208  equal to at least one-half of the assessed value of the
  209  homestead, that amount must be treated as excess and distributed
  210  in the same manner. The clerk shall distribute the excess to the
  211  governmental units for the payment of any lien of record held by
  212  a governmental unit against the property, including any tax
  213  certificates not incorporated in the tax deed application and
  214  omitted taxes, if any. If the excess is not sufficient to pay
  215  all of such liens in full, the excess shall be paid to each
  216  governmental unit pro rata. If, after all liens of governmental
  217  units are paid in full, there remains a balance of undistributed
  218  funds, the balance shall be retained by the clerk for the
  219  benefit of persons described in s. 197.522(1)(a), except those
  220  persons described in s. 197.502(4)(h), as their interests may
  221  appear. The clerk shall mail notices to such persons notifying
  222  them of the funds held for their benefit. Such notice
  223  constitutes compliance with the requirements of s. 717.117(4).
  224  Any service charges, at the rate prescribed in s. 28.24(10), and
  225  costs of mailing notices shall be paid out of the excess balance
  226  held by the clerk. Excess proceeds shall be held and disbursed
  227  in the same manner as unclaimed redemption moneys in s. 197.473.
  228  For purposes of identifying unclaimed property pursuant to s.
  229  717.113, excess proceeds shall be presumed payable or
  230  distributable on the date the notice is sent. If excess proceeds
  231  are not sufficient to cover the service charges and mailing
  232  costs, the clerk shall receive the total amount of excess
  233  proceeds as a service charge.
  234         (3)If unresolved claims against the property exist on the
  235  date the property is purchased, the clerk shall ensure that the
  236  excess funds are paid according to the priorities of the claims.
  237  If a lien appears to be entitled to priority and the lienholder
  238  has not made a claim against the excess funds, payment may not
  239  be made on any lien that is junior in priority. If potentially
  240  conflicting claims to the funds exist, the clerk may initiate an
  241  interpleader action against the lienholders involved, and the
  242  court shall determine the proper distribution of the
  243  interpleaded funds. The clerk may move the court for an award of
  244  reasonable fees and costs from the interpleaded funds.
  245         Section 9. This act shall take effect July 1, 2014.