Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 790
       
       
       
       
       
       
                                Ì314044yÎ314044                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/19/2020           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Brandes) recommended the following:
       
    1         Senate Amendment to Amendment (476652) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 105
    5  and insert:
    6         Section 1. Subsection (7) of section 28.222, Florida
    7  Statutes, is amended to read:
    8         28.222 Clerk to be county recorder.—
    9         (7)(a) All instruments recorded in the Official Records
   10  shall always be open to the public, under the supervision of the
   11  clerk, for the purpose of inspection thereof and of making
   12  extracts therefrom.; but
   13         (b) The clerk is shall not be required to perform any
   14  service in connection with such inspection or making of extracts
   15  without payment of service charges as provided in s. 28.24.
   16         (c) The payment of the service charges under s. 28.24 must
   17  be retained by the clerk of the circuit court in his or her
   18  capacity as county recorder, except that service charges under
   19  s. 28.24 relating to court records or functions meeting the
   20  description of court-related functions in s. 28.35(3)(a) must be
   21  distributed for the specified functions.
   22         Section 2. Section 28.24, Florida Statutes, is amended to
   23  read:
   24         28.24 Service charges.—The clerk of the circuit court shall
   25  charge for services rendered manually or electronically by the
   26  clerk’s office in recording documents and instruments and in
   27  performing other specified duties. These charges may not exceed
   28  those specified in this section, except as provided in s.
   29  28.345. For purposes of this section, the term “court records”
   30  has the same meaning as provided in the Florida Rules of
   31  Judicial Administration.
   32         (1) For examining, comparing, correcting, verifying, and
   33  certifying transcripts of record in appellate proceedings,
   34  prepared by attorney for appellant or someone else other than
   35  clerk, per page: 5.00, from which the clerk shall remit 0.50 per
   36  page to the Department of Revenue for deposit into the General
   37  Revenue Fund.
   38         (2) For preparing, numbering, and indexing an original
   39  record of appellate proceedings, per instrument: 3.50, from
   40  which the clerk shall remit 0.50 per instrument to the
   41  Department of Revenue for deposit into the General Revenue Fund.
   42         (3)(a) For certifying copies of any instrument that is a
   43  court record in the public records: 2.00, from which the clerk
   44  shall remit 0.50 to the Department of Revenue for deposit into
   45  the General Revenue Fund.
   46         (b) For certifying copies of any instrument that is not a
   47  court record in the public records: 2.00.
   48         (4)(a) For verifying any instrument that is a court record
   49  which is presented for certification prepared by someone other
   50  than the clerk, per page: 3.50, from which the clerk shall remit
   51  0.50 per page to the Department of Revenue for deposit into the
   52  General Revenue Fund.
   53         (b) For verifying any instrument that is not a court record
   54  which is presented for certification prepared by someone other
   55  than the clerk, per page: 3.50.
   56         (5)(a) For making copies by photographic process of any
   57  instrument in the public records consisting of pages of not more
   58  than 14 inches by 8 1/2 inches, per page....................1.00
   59         (b) For making copies by photographic process of any
   60  instrument in the public records of more than 14 inches by 8 1/2
   61  inches, per page............................................5.00
   62         (6) For making microfilm copies of any public records:
   63         (a) That are court records:
   64         1. 16 mm 100′ microfilm roll: 42.00, from which the clerk
   65  shall remit 4.50 to the Department of Revenue for deposit into
   66  the General Revenue Fund.
   67         2.(b) 35 mm 100′ microfilm roll: 60.00, from which the
   68  clerk shall remit 7.50 to the Department of Revenue for deposit
   69  into the General Revenue Fund.
   70         3.(c) Microfiche, per fiche: 3.50, from which the clerk
   71  shall remit 0.50 to the Department of Revenue for deposit into
   72  the General Revenue Fund.
   73         (b) That are not court records:
   74         1. 16 mm 100’ microfilm roll: 42.00.
   75         2. 35 mm 100’ microfilm roll: 60.00.
   76         3. Microfiche, per fiche: 3.50.
   77         (7) For copying any instrument in the public records by
   78  other than photographic process, per page...................6.00
   79         (8)(a) For writing any paper that is a court record other
   80  than a paper otherwise herein specifically identified in this
   81  section mentioned, same as for copying, including signing and
   82  sealing: 7.00, from which the clerk shall remit 1.00 to the
   83  Department of Revenue for deposit into the General Revenue Fund.
   84         (b) For writing any paper that is not a court record other
   85  than a paper otherwise specifically identified in this section,
   86  including signing and sealing: 7.00.
   87         (9) For indexing each entry not recorded.............1.00
   88         (10) For receiving money into the registry of court:
   89         (a)1. First $500, percent...............................3
   90         2. Each subsequent $100, percent......................1.5
   91         (b) Eminent domain actions, per deposit: 170.00, from which
   92  the clerk shall remit 20.00 per deposit to the Department of
   93  Revenue for deposit into the General Revenue Fund.
   94         (11) For examining, certifying, and recording plats and for
   95  recording condominium exhibits larger than 14 inches by 8 1/2
   96  inches:
   97         (a) First page......................................30.00
   98         (b) Each additional page............................15.00
   99         (12) For recording, indexing, and filing any instrument not
  100  more than 14 inches by 8 1/2 inches, including required notice
  101  to property appraiser where applicable:
  102         (a) First page or fraction thereof...................5.00
  103         (b) Each additional page or fraction thereof.........4.00
  104         (c) For indexing instruments recorded in the official
  105  records which contain more than four names, per additional
  106  name........................................................1.00
  107         (d) An additional service charge must be paid to the clerk
  108  of the circuit court to be deposited in the Public Records
  109  Modernization Trust Fund for each instrument listed in s.
  110  28.222, except judgments received from the courts and notices of
  111  lis pendens, recorded in the official records:
  112         1. First page........................................1.00
  113         2. Each additional page..............................0.50
  114  
  115  Said fund must be held in trust by the clerk and used
  116  exclusively for equipment and maintenance of equipment,
  117  personnel training, and technical assistance in modernizing the
  118  public records system of the office. In a county where the duty
  119  of maintaining official records exists in an office other than
  120  the office of the clerk of the circuit court, the clerk of the
  121  circuit court is entitled to 25 percent of the moneys deposited
  122  into the trust fund for equipment, maintenance of equipment,
  123  training, and technical assistance in modernizing the system for
  124  storing records in the office of the clerk of the circuit court.
  125  The fund may not be used for the payment of travel expenses,
  126  membership dues, bank charges, staff-recruitment costs, salaries
  127  or benefits of employees, construction costs, general operating
  128  expenses, or other costs not directly related to obtaining and
  129  maintaining equipment for public records systems or for the
  130  purchase of furniture or office supplies and equipment not
  131  related to the storage of records. On or before December 1,
  132  1995, and on or before December 1 of each year immediately
  133  preceding each year during which the trust fund is scheduled for
  134  legislative review under s. 19(f)(2), Art. III of the State
  135  Constitution, each clerk of the circuit court shall file a
  136  report on the Public Records Modernization Trust Fund with the
  137  President of the Senate and the Speaker of the House of
  138  Representatives. The report must itemize each expenditure made
  139  from the trust fund since the last report was filed; each
  140  obligation payable from the trust fund on that date; and the
  141  percentage of funds expended for each of the following:
  142  equipment, maintenance of equipment, personnel training, and
  143  technical assistance. The report must indicate the nature of the
  144  system each clerk uses to store, maintain, and retrieve public
  145  records and the degree to which the system has been upgraded
  146  since the creation of the trust fund.
  147         (e) An additional service charge of $4 per page shall be
  148  paid to the clerk of the circuit court for each instrument
  149  listed in s. 28.222, except judgments received from the courts
  150  and notices of lis pendens, recorded in the official records.
  151  From the additional $4 service charge collected:
  152         1. If the counties maintain legal responsibility for the
  153  costs of the court-related technology needs as defined in s.
  154  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  155  Florida Association of Court Clerks and Comptrollers, Inc., for
  156  the cost of development, implementation, operation, and
  157  maintenance of the clerks’ Comprehensive Case Information
  158  System; $1.90 shall be retained by the clerk to be deposited in
  159  the Public Records Modernization Trust Fund and used exclusively
  160  for funding court-related technology needs of the clerk as
  161  defined in s. 29.008(1)(f)2. and (h); and $2 shall be
  162  distributed to the board of county commissioners to be used
  163  exclusively to fund court-related technology, and court
  164  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  165  state trial courts, state attorney, public defender, and
  166  criminal conflict and civil regional counsel in that county. If
  167  the counties maintain legal responsibility for the costs of the
  168  court-related technology needs as defined in s. 29.008(1)(f)2.
  169  and (h), notwithstanding any other provision of law, the county
  170  is not required to provide additional funding beyond that
  171  provided herein for the court-related technology needs of the
  172  clerk as defined in s. 29.008(1)(f)2. and (h). All court records
  173  and official records are the property of the State of Florida,
  174  including any records generated as part of the Comprehensive
  175  Case Information System funded pursuant to this paragraph and
  176  the clerk of court is designated as the custodian of such
  177  records, except in a county where the duty of maintaining
  178  official records exists in a county office other than the clerk
  179  of court or comptroller, such county office is designated the
  180  custodian of all official records, and the clerk of court is
  181  designated the custodian of all court records. The clerk of
  182  court or any entity acting on behalf of the clerk of court,
  183  including an association, may not charge a fee to any agency as
  184  defined in s. 119.011, the Legislature, or the State Court
  185  System for copies of records generated by the Comprehensive Case
  186  Information System or held by the clerk of court or any entity
  187  acting on behalf of the clerk of court, including an
  188  association.
  189         2. If the state becomes legally responsible for the costs
  190  of court-related technology needs as defined in s.
  191  29.008(1)(f)2. and (h), whether by operation of general law or
  192  by court order, $4 shall be remitted to the Department of
  193  Revenue for deposit into the General Revenue Fund.
  194         (13)(a) Oath, administering, attesting, and sealing of
  195  court records, not otherwise provided for in this section
  196  herein: 3.50, from which the clerk shall remit 0.50 to the
  197  Department of Revenue for deposit into the General Revenue Fund.
  198         (b) Oath, administering, attesting, and sealing of noncourt
  199  records not otherwise provided for in this section: 3.50.
  200         (14)(a) For validating certificates or, any authorized
  201  bonds that are court records, each: 3.50, from which the clerk
  202  shall remit 0.50 each to the Department of Revenue for deposit
  203  into the General Revenue Fund.
  204         (b) For validating certificates or any authorized bonds
  205  that are not court records, each: 3.50.
  206         (15) For preparing affidavit of domicile.............5.00
  207         (16) For exemplified certificates, including signing and
  208  sealing: 7.00, from which the clerk shall remit 1.00 to the
  209  Department of Revenue for deposit into the General Revenue Fund.
  210         (17)(a) For authenticated certificates, including the
  211  signing and sealing of court records: 7.00, from which the clerk
  212  shall remit 1.00 to the Department of Revenue for deposit into
  213  the General Revenue Fund.
  214         (b) For authenticated certificates, including the signing
  215  and sealing of noncourt records: 7.00.
  216         (18)(a) For issuing and filing a subpoena for a witness,
  217  not otherwise provided for herein (includes writing, preparing,
  218  signing, and sealing): 7.00, from which the clerk shall remit
  219  1.00 to the Department of Revenue for deposit into the General
  220  Revenue Fund.
  221         (b) For signing and sealing only: 2.00, from which the
  222  clerk shall remit 0.50 to the Department of Revenue for deposit
  223  into the General Revenue Fund.
  224         (19) For approving bond: 8.50, from which the clerk shall
  225  remit 1.00 to the Department of Revenue for deposit into the
  226  General Revenue Fund.
  227         (20)(a) For searching of court records, for each year’s
  228  search: 2.00, from which the clerk shall remit 0.50 for each
  229  year’s search to the Department of Revenue for deposit into the
  230  General Revenue Fund.
  231         (b) For searching of noncourt records, for each year’s
  232  search: 2.00.
  233         (21) For processing an application for a tax deed sale
  234  (includes application, sale, issuance, and preparation of tax
  235  deed, and disbursement of proceeds of sale), other than excess
  236  proceeds...................................................60.00
  237         (22) For disbursement of excess proceeds of tax deed sale,
  238  first $100 or fraction thereof.............................10.00
  239         (23) Upon receipt of an application for a marriage license,
  240  for preparing and administering of oath; issuing, sealing, and
  241  recording of the marriage license; and providing a certified
  242  copy.......................................................30.00
  243         (24) For solemnizing matrimony......................30.00
  244         (25) For sealing any court file or expungement of any
  245  record: 42.00, from which the clerk shall remit 4.50 to the
  246  Department of Revenue for deposit into the General Revenue Fund.
  247         (26)(a) For receiving and disbursing all restitution
  248  payments, per payment: 3.50, from which the clerk shall remit
  249  0.50 per payment to the Department of Revenue for deposit into
  250  the General Revenue Fund.
  251         (b) For receiving and disbursing all partial payments,
  252  other than restitution payments, for which an administrative
  253  processing service charge is not imposed pursuant to s. 28.246,
  254  per month...................................................5.00
  255         (c) For setting up a payment plan, a one-time
  256  administrative processing charge in lieu of a per month charge
  257  under paragraph (b)........................................25.00
  258         (27) Postal charges incurred by the clerk of the circuit
  259  court in any mailing by certified or registered mail must be
  260  paid by the party at whose instance the mailing is made.
  261         (28) For furnishing an electronic copy of information
  262  contained in a computer database: a fee as provided for in
  263  chapter 119.
  264  
  265  ================= T I T L E  A M E N D M E N T ================
  266  And the title is amended as follows:
  267         Delete lines 139 - 143
  268  and insert:
  269         amending s. 28.222, F.S.; specifying the manner in
  270         which the clerk of court must retain and distribute
  271         proceeds from specified service charges; amending s.
  272         28.24, F.S.; defining the term “court records”;
  273         specifying the amount for