HB 481

1
A bill to be entitled
2An act relating to clerks of court; amending s. 28.13,
3F.S.; providing requirements for storage of electronic
4filings; requiring papers and electronic filings to be
5electronically time stamped; amending s. 28.222, F.S.;
6authorizing the clerk to remove sealed or expunged
7court records from the Official Records; amending s.
828.24, F.S.; clarifying provisions concerning free
9copies of records to specified officials and their
10staffs; defining the term "copy of a public record"
11for specified purposes; amending s. 28.244, F.S.;
12increasing the threshold amount for automatic
13repayment of overpayments; amending s. 28.345, F.S.;
14clarifying the application of an exemption from
15payment of fees and charges assessed by clerks of
16circuit courts; amending s. 50.041, F.S.; authorizing
17the use of electronic proof of publication affidavits;
18amending s. 119.071, F.S.; requiring certain persons
19to provide specific information to the clerk to
20maintain the public records exemption status of
21certain information; amending s. 197.542, F.S.;
22authorizing the clerk to issue a refund to the
23depositor for redeemed property subject to a tax sale;
24providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Section 28.13, Florida Statutes, is amended to
29read:
30     28.13  To keep Papers and electronic filings.-The clerk of
31the circuit court shall keep all papers and electronic filings
32filed in the clerk's office with the utmost care and security,
33storing them in association with related case arranged in
34appropriate files and affixing a stamp to the submission
35indicating (endorsing upon each the date and time when the
36submission same was filed. The clerk ), and shall not permit any
37attorney or other person to remove documents, take papers once
38filed, from the control or custody out of the office of the
39clerk without leave of the court, except as otherwise is
40hereinafter provided by law.
41     Section 2.  Subsections (4) through (6) of section 28.222,
42Florida Statutes, are renumbered as subsections (5) through (7),
43respectively, and a new subsection (4) is added to that section
44to read:
45     28.222  Clerk to be county recorder.-
46     (4)  The county recorder shall remove recorded court
47documents from the Official Records pursuant to a sealing or
48expunction order.
49     Section 3.  Section 28.24, Florida Statutes, is amended to
50read:
51     28.24  Service charges by clerk of the circuit court.-The
52clerk of the circuit court shall charge for services rendered by
53the clerk's office in recording documents and instruments and in
54performing the duties enumerated in amounts not to exceed those
55specified in this section. Notwithstanding any other provision
56of this section, the clerk of the circuit court shall provide
57without charge to the state attorney, public defender, guardian
58ad litem, public guardian, attorney ad litem, criminal conflict
59and civil regional counsel, and private court-appointed counsel
60paid by the state, and to the authorized staff acting on behalf
61of each, access to and a copy of any public record as provided
62in s. 28.345, if the requesting party is entitled by law to view
63the exempt or confidential record, as maintained by and in the
64custody of the clerk of the circuit court as provided in general
65law and the Florida Rules of Judicial Administration. The clerk
66of the circuit court may provide the requested public record in
67an electronic format in lieu of a paper format when capable of
68being accessed by the requesting entity. For purposes of this
69section, the term "copy of public a record" means any facsimile,
70replica, photograph, or other reproduction of a record.
71Charges
72     (1)  For examining, comparing, correcting, verifying, and
73certifying transcripts of record in appellate proceedings,
74prepared by attorney for appellant or someone else other than
75clerk, per page     5.00
76     (2)  For preparing, numbering, and indexing an original
77record of appellate proceedings, per instrument     3.50
78     (3)  For certifying copies of any instrument in the public
79records     2.00
80     (4)  For verifying any instrument presented for
81certification prepared by someone other than clerk, per page
82     3.50
83     (5)(a)  For making copies by photographic process of any
84instrument in the public records consisting of pages of not more
85than 14 inches by 8 1/2 inches, per page     1.00
86     (b)  For making copies by photographic process of any
87instrument in the public records of more than 14 inches by 8 1/2
88inches, per page     5.00
89     (6)  For making microfilm copies of any public records:
90     (a)  16 mm 100′ microfilm roll     42.00
91     (b)  35 mm 100′ microfilm roll     60.00
92     (c)  Microfiche, per fiche     3.50
93     (7)  For copying any instrument in the public records by
94other than photographic process, per page     6.00
95     (8)  For writing any paper other than herein specifically
96mentioned, same as for copying, including signing and sealing
97     7.00
98     (9)  For indexing each entry not recorded     1.00
99     (10)  For receiving money into the registry of court:
100     (a)1.  First $500, percent     3
101     2.  Each subsequent $100, percent     1.5
102     (b)  Eminent domain actions, per deposit     170.00
103     (11)  For examining, certifying, and recording plats and
104for recording condominium exhibits larger than 14 inches by 8
1051/2 inches:
106     (a)  First page     30.00
107     (b)  Each additional page     15.00
108     (12)  For recording, indexing, and filing any instrument
109not more than 14 inches by 8 1/2 inches, including required
110notice to property appraiser where applicable:
111     (a)  First page or fraction thereof     5.00
112     (b)  Each additional page or fraction thereof     4.00
113     (c)  For indexing instruments recorded in the official
114records which contain more than four names, per additional name
115     1.00
116     (d)  An additional service charge shall be paid to the
117clerk of the circuit court to be deposited in the Public Records
118Modernization Trust Fund for each instrument listed in s.
11928.222, except judgments received from the courts and notices of
120lis pendens, recorded in the official records:
121     1.  First page     1.00
122     2.  Each additional page     0.50
123
124Said fund shall be held in trust by the clerk and used
125exclusively for equipment and maintenance of equipment,
126personnel training, and technical assistance in modernizing the
127public records system of the office. In a county where the duty
128of maintaining official records exists in an office other than
129the office of the clerk of the circuit court, the clerk of the
130circuit court is entitled to 25 percent of the moneys deposited
131into the trust fund for equipment, maintenance of equipment,
132training, and technical assistance in modernizing the system for
133storing records in the office of the clerk of the circuit court.
134The fund may not be used for the payment of travel expenses,
135membership dues, bank charges, staff-recruitment costs, salaries
136or benefits of employees, construction costs, general operating
137expenses, or other costs not directly related to obtaining and
138maintaining equipment for public records systems or for the
139purchase of furniture or office supplies and equipment not
140related to the storage of records. On or before December 1,
1411995, and on or before December 1 of each year immediately
142preceding each year during which the trust fund is scheduled for
143legislative review under s. 19(f)(2), Art. III of the State
144Constitution, each clerk of the circuit court shall file a
145report on the Public Records Modernization Trust Fund with the
146President of the Senate and the Speaker of the House of
147Representatives. The report must itemize each expenditure made
148from the trust fund since the last report was filed; each
149obligation payable from the trust fund on that date; and the
150percentage of funds expended for each of the following:
151equipment, maintenance of equipment, personnel training, and
152technical assistance. The report must indicate the nature of the
153system each clerk uses to store, maintain, and retrieve public
154records and the degree to which the system has been upgraded
155since the creation of the trust fund.
156     (e)  An additional service charge of $4 per page shall be
157paid to the clerk of the circuit court for each instrument
158listed in s. 28.222, except judgments received from the courts
159and notices of lis pendens, recorded in the official records.
160From the additional $4 service charge collected:
161     1.  If the counties maintain legal responsibility for the
162costs of the court-related technology needs as defined in s.
16329.008(1)(f)2. and (h), 10 cents shall be distributed to the
164Florida Association of Court Clerks and Comptroller, Inc., for
165the cost of development, implementation, operation, and
166maintenance of the clerks' Comprehensive Case Information
167System, in which system all clerks shall participate on or
168before January 1, 2006; $1.90 shall be retained by the clerk to
169be deposited in the Public Records Modernization Trust Fund and
170used exclusively for funding court-related technology needs of
171the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
172be distributed to the board of county commissioners to be used
173exclusively to fund court-related technology, and court
174technology needs as defined in s. 29.008(1)(f)2. and (h) for the
175state trial courts, state attorney, public defender, and
176criminal conflict and civil regional counsel in that county. If
177the counties maintain legal responsibility for the costs of the
178court-related technology needs as defined in s. 29.008(1)(f)2.
179and (h), notwithstanding any other provision of law, the county
180is not required to provide additional funding beyond that
181provided herein for the court-related technology needs of the
182clerk as defined in s. 29.008(1)(f)2. and (h). All court records
183and official records are the property of the State of Florida,
184including any records generated as part of the Comprehensive
185Case Information System funded pursuant to this paragraph and
186the clerk of court is designated as the custodian of such
187records, except in a county where the duty of maintaining
188official records exists in a county office other than the clerk
189of court or comptroller, such county office is designated the
190custodian of all official records, and the clerk of court is
191designated the custodian of all court records. The clerk of
192court or any entity acting on behalf of the clerk of court,
193including an association, shall not charge a fee to any agency
194as defined in s. 119.011, the Legislature, or the State Court
195System for copies of records generated by the Comprehensive Case
196Information System or held by the clerk of court or any entity
197acting on behalf of the clerk of court, including an
198association.
199     2.  If the state becomes legally responsible for the costs
200of court-related technology needs as defined in s.
20129.008(1)(f)2. and (h), whether by operation of general law or
202by court order, $4 shall be remitted to the Department of
203Revenue for deposit into the General Revenue Fund.
204     (13)  Oath, administering, attesting, and sealing, not
205otherwise provided for herein     3.50
206     (14)  For validating certificates, any authorized bonds,
207each     3.50
208     (15)  For preparing affidavit of domicile     5.00
209     (16)  For exemplified certificates, including signing and
210sealing     7.00
211     (17)  For authenticated certificates, including signing and
212sealing     7.00
213     (18)(a)  For issuing and filing a subpoena for a witness,
214not otherwise provided for herein (includes writing, preparing,
215signing, and sealing)     7.00
216     (b)  For signing and sealing only     2.00
217     (19)  For approving bond     8.50
218     (20)  For searching of records, for each year's search     2.00
219     (21)  For processing an application for a tax deed sale
220(includes application, sale, issuance, and preparation of tax
221deed, and disbursement of proceeds of sale), other than excess
222proceeds     60.00
223     (22)  For disbursement of excess proceeds of tax deed sale,
224first $100 or fraction thereof     10.00
225     (23)  Upon receipt of an application for a marriage
226license, for preparing and administering of oath; issuing,
227sealing, and recording of the marriage license; and providing a
228certified copy     30.00
229     (24)  For solemnizing matrimony     30.00
230     (25)  For sealing any court file or expungement of any
231record     42.00
232     (26)(a)  For receiving and disbursing all restitution
233payments, per payment     3.50
234     (b)  For receiving and disbursing all partial payments,
235other than restitution payments, for which an administrative
236processing service charge is not imposed pursuant to s. 28.246,
237per month     5.00
238     (c)  For setting up a payment plan, a one-time
239administrative processing charge in lieu of a per month charge
240under paragraph (b)     25.00
241     (27)  Postal charges incurred by the clerk of the circuit
242court in any mailing by certified or registered mail shall be
243paid by the party at whose instance the mailing is made.
244     (28)  For furnishing an electronic copy of information
245contained in a computer database: a fee as provided for in
246chapter 119.
247     Section 4.  Section 28.244, Florida Statutes, is amended to
248read:
249     28.244  Refunds.-A clerk of the circuit court or a filing
250officer of another office where records are filed who receives
251payment for services provided and thereafter determines that an
252overpayment has occurred shall refund to the person who made the
253payment the amount of any overpayment that exceeds $10 $5. If
254the amount of the overpayment is $10 $5 or less, the clerk of
255the circuit court or a filing officer of another office where
256records are filed is not required to refund the amount of the
257overpayment unless the person who made the overpayment makes a
258written request.
259     Section 5.  Section 28.345, Florida Statutes, is amended to
260read:
261     28.345  Exemption from court-related fees and charges.-
262     (1)  Notwithstanding any other provision of this chapter or
263law to the contrary, judges and those court staff acting on
264behalf of judges, state attorneys, guardians ad litem, public
265guardians, attorneys ad litem, court-appointed private counsel,
266criminal conflict and civil regional counsel, and public
267defenders, acting in their official capacity, and state
268agencies, are exempt from all court-related fees and charges
269assessed by the clerks of the circuit courts.
270     (2)  The exemption provided in subsection (1) for state
271agencies applies only to the state agency and the party it is
272representing. The clerk of court shall collect the filing fees
273and services charges as required in this chapter from all other
274parties.
275     Section 6.  Subsection (2) of section 50.041, Florida
276Statutes, is amended to read:
277     50.041  Proof of publication; uniform affidavits required.-
278     (2)  Each such affidavit shall be printed upon white bond
279paper containing at least 25 percent rag material and shall be 8
2801/2 inches in width and of convenient length, not less than 5
2811/2 inches. A white margin of not less than 2 1/2 inches shall
282be left at the right side of each affidavit form and upon or in
283this space shall be substantially pasted a clipping which shall
284be a true copy of the public notice or legal advertisement for
285which proof is executed. Alternatively, each such affidavit may
286be provided in electronic rather than paper form, provided the
287notarization of the affidavit complies with the requirements of
288s. 117.021.
289     Section 7.  Paragraph (d) of subsection (4) of section
290119.071, Florida Statutes, is amended to read:
291     119.071  General exemptions from inspection or copying of
292public records.-
293     (4)  AGENCY PERSONNEL INFORMATION.-
294     (d)1.a.  The home addresses, telephone numbers, social
295security numbers, and photographs of active or former law
296enforcement personnel, including correctional and correctional
297probation officers, personnel of the Department of Children and
298Family Services whose duties include the investigation of abuse,
299neglect, exploitation, fraud, theft, or other criminal
300activities, personnel of the Department of Health whose duties
301are to support the investigation of child abuse or neglect, and
302personnel of the Department of Revenue or local governments
303whose responsibilities include revenue collection and
304enforcement or child support enforcement; the home addresses,
305telephone numbers, social security numbers, photographs, and
306places of employment of the spouses and children of such
307personnel; and the names and locations of schools and day care
308facilities attended by the children of such personnel are exempt
309from s. 119.07(1).
310     b.  The home addresses, telephone numbers, and photographs
311of firefighters certified in compliance with s. 633.35; the home
312addresses, telephone numbers, photographs, and places of
313employment of the spouses and children of such firefighters; and
314the names and locations of schools and day care facilities
315attended by the children of such firefighters are exempt from s.
316119.07(1).
317     c.  The home addresses and telephone numbers of justices of
318the Supreme Court, district court of appeal judges, circuit
319court judges, and county court judges; the home addresses,
320telephone numbers, and places of employment of the spouses and
321children of justices and judges; and the names and locations of
322schools and day care facilities attended by the children of
323justices and judges are exempt from s. 119.07(1).
324     d.  The home addresses, telephone numbers, social security
325numbers, and photographs of current or former state attorneys,
326assistant state attorneys, statewide prosecutors, or assistant
327statewide prosecutors; the home addresses, telephone numbers,
328social security numbers, photographs, and places of employment
329of the spouses and children of current or former state
330attorneys, assistant state attorneys, statewide prosecutors, or
331assistant statewide prosecutors; and the names and locations of
332schools and day care facilities attended by the children of
333current or former state attorneys, assistant state attorneys,
334statewide prosecutors, or assistant statewide prosecutors are
335exempt from s. 119.07(1) and s. 24(a), Art. I of the State
336Constitution.
337     e.  The home addresses and telephone numbers of general
338magistrates, special magistrates, judges of compensation claims,
339administrative law judges of the Division of Administrative
340Hearings, and child support enforcement hearing officers; the
341home addresses, telephone numbers, and places of employment of
342the spouses and children of general magistrates, special
343magistrates, judges of compensation claims, administrative law
344judges of the Division of Administrative Hearings, and child
345support enforcement hearing officers; and the names and
346locations of schools and day care facilities attended by the
347children of general magistrates, special magistrates, judges of
348compensation claims, administrative law judges of the Division
349of Administrative Hearings, and child support enforcement
350hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
351I of the State Constitution if the general magistrate, special
352magistrate, judge of compensation claims, administrative law
353judge of the Division of Administrative Hearings, or child
354support hearing officer provides a written statement that the
355general magistrate, special magistrate, judge of compensation
356claims, administrative law judge of the Division of
357Administrative Hearings, or child support hearing officer has
358made reasonable efforts to protect such information from being
359accessible through other means available to the public. This
360sub-subparagraph is subject to the Open Government Sunset Review
361Act in accordance with s. 119.15, and shall stand repealed on
362October 2, 2013, unless reviewed and saved from repeal through
363reenactment by the Legislature.
364     f.  The home addresses, telephone numbers, and photographs
365of current or former human resource, labor relations, or
366employee relations directors, assistant directors, managers, or
367assistant managers of any local government agency or water
368management district whose duties include hiring and firing
369employees, labor contract negotiation, administration, or other
370personnel-related duties; the names, home addresses, telephone
371numbers, and places of employment of the spouses and children of
372such personnel; and the names and locations of schools and day
373care facilities attended by the children of such personnel are
374exempt from s. 119.07(1) and s. 24(a), Art. I of the State
375Constitution.
376     g.  The home addresses, telephone numbers, and photographs
377of current or former code enforcement officers; the names, home
378addresses, telephone numbers, and places of employment of the
379spouses and children of such personnel; and the names and
380locations of schools and day care facilities attended by the
381children of such personnel are exempt from s. 119.07(1) and s.
38224(a), Art. I of the State Constitution.
383     h.  The home addresses, telephone numbers, places of
384employment, and photographs of current or former guardians ad
385litem, as defined in s. 39.820; the names, home addresses,
386telephone numbers, and places of employment of the spouses and
387children of such persons; and the names and locations of schools
388and day care facilities attended by the children of such persons
389are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
390Constitution, if the guardian ad litem provides a written
391statement that the guardian ad litem has made reasonable efforts
392to protect such information from being accessible through other
393means available to the public. This sub-subparagraph is subject
394to the Open Government Sunset Review Act in accordance with s.
395119.15 and shall stand repealed on October 2, 2015, unless
396reviewed and saved from repeal through reenactment by the
397Legislature.
398     i.  The home addresses, telephone numbers, and photographs
399of current or former juvenile probation officers, juvenile
400probation supervisors, detention superintendents, assistant
401detention superintendents, juvenile justice detention officers I
402and II, juvenile justice detention officer supervisors, juvenile
403justice residential officers, juvenile justice residential
404officer supervisors I and II, juvenile justice counselors,
405juvenile justice counselor supervisors, human services counselor
406administrators, senior human services counselor administrators,
407rehabilitation therapists, and social services counselors of the
408Department of Juvenile Justice; the names, home addresses,
409telephone numbers, and places of employment of spouses and
410children of such personnel; and the names and locations of
411schools and day care facilities attended by the children of such
412personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
413the State Constitution.
414     j.  The home addresses, telephone numbers, and photographs
415of current or former public defenders, assistant public
416defenders, criminal conflict and civil regional counsel, and
417assistant criminal conflict and civil regional counsel; the home
418addresses, telephone numbers, and places of employment of the
419spouses and children of such defenders or counsel; and the names
420and locations of schools and day care facilities attended by the
421children of such defenders or counsel are exempt from s.
422119.07(1) and s. 24(a), Art. I of the State Constitution. This
423sub-subparagraph is subject to the Open Government Sunset Review
424Act in accordance with s. 119.15 and shall stand repealed on
425October 2, 2015, unless reviewed and saved from repeal through
426reenactment by the Legislature.
427     2.  An agency that is the custodian of the information
428specified in subparagraph 1. and that is not the employer of the
429officer, employee, justice, judge, or other person specified in
430subparagraph 1. shall maintain the exempt status of that
431information only if the officer, employee, justice, judge, other
432person, or employing agency of the designated employee submits a
433written request for maintenance of the exemption to the
434custodial agency. The request must specify the document type,
435name, identification number, and page number of the record that
436contains the exempt or confidential information.
437     Section 8.  Subsection (2) of section 197.542, Florida
438Statutes, is amended to read:
439     197.542  Sale at public auction.-
440     (2)   The certificateholder has the right to bid as others
441present may bid, and the property shall be struck off and sold
442to the highest bidder. The high bidder shall post with the clerk
443a nonrefundable deposit of 5 percent of the bid or $200,
444whichever is greater, at the time of the sale, to be applied to
445the sale price at the time of full payment. Notice of the
446deposit requirement must be posted at the auction site, and the
447clerk may require bidders to show their willingness and ability
448to post the deposit. If full payment of the final bid and of
449documentary stamp tax and recording fees is not made within 24
450hours, excluding weekends and legal holidays, the clerk shall
451cancel all bids, readvertise the sale as provided in this
452section, and pay all costs of the sale from the deposit. Any
453remaining funds must be applied toward the opening bid. If the
454property is redeemed prior to the clerk receiving full payment
455for the issuance of a tax deed, in order to receive a refund of
456the deposit described in this subsection, the high bidder must
457submit a request for such refund in writing to the clerk. Upon
458receipt of the refund request, the clerk shall refund the cash
459deposit consistent with s. 197.182(1)(c). The clerk may refuse
460to recognize the bid of any person who has previously bid and
461refused, for any reason, to honor such bid.
462     Section 9.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.