Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 860
       
       
       
       
       
       
                                Barcode 492738                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/20/2012           .                                
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       The Committee on Judiciary (Richter) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 28.13, Florida Statutes, is amended to
    6  read:
    7         28.13 To keep Papers and electronic filings.—The clerk of
    8  the circuit court shall keep all papers and electronic filings
    9  filed in the clerk’s office with the utmost care and security,
   10  storing them in association with related case arranged in
   11  appropriate files and affixing a stamp to the submission
   12  indicating (endorsing upon each the date and time when the
   13  submission same was filed. The clerk ), and shall not permit any
   14  attorney or other person to remove documents, take papers once
   15  filed, from the control or custody out of the office of the
   16  clerk without leave of the court, except as otherwise is
   17  hereinafter provided by law.
   18         Section 2. Subsections (4) through (6) of section 28.222,
   19  Florida Statutes, are renumbered as subsections (5) through (7),
   20  respectively, and a new subsection (4) is added to that section
   21  to read:
   22         28.222 Clerk to be county recorder.—
   23         (4) The county recorder shall remove recorded court
   24  documents from the Official Records pursuant to a sealing or
   25  expunction order.
   26         Section 3. Section 28.24, Florida Statutes, is amended to
   27  read:
   28         28.24 Service charges by clerk of the circuit court.—The
   29  clerk of the circuit court shall charge for services rendered by
   30  the clerk’s office in recording documents and instruments and in
   31  performing the duties enumerated in amounts not to exceed those
   32  specified in this section, except as provided in s. 28.345.
   33  Notwithstanding any other provision of this section, the clerk
   34  of the circuit court shall provide without charge to the state
   35  attorney, public defender, guardian ad litem, public guardian,
   36  attorney ad litem, criminal conflict and civil regional counsel,
   37  and private court-appointed counsel paid by the state, and to
   38  the authorized staff acting on behalf of each, access to and a
   39  copy of any public record, if the requesting party is entitled
   40  by law to view the exempt or confidential record, as maintained
   41  by and in the custody of the clerk of the circuit court as
   42  provided in general law and the Florida Rules of Judicial
   43  Administration. The clerk of the circuit court may provide the
   44  requested public record in an electronic format in lieu of a
   45  paper format when capable of being accessed by the requesting
   46  entity.
   47  
   48  Charges
   49  
   50         (1) For examining, comparing, correcting, verifying, and
   51  certifying transcripts of record in appellate proceedings,
   52  prepared by attorney for appellant or someone else other than
   53  clerk, per page.............................................5.00
   54         (2) For preparing, numbering, and indexing an original
   55  record of appellate proceedings, per instrument.............3.50
   56         (3) For certifying copies of any instrument in the public
   57  records.....................................................2.00
   58         (4) For verifying any instrument presented for
   59  certification prepared by someone other than clerk, per page3.50
   60         (5)(a) For making copies by photographic process of any
   61  instrument in the public records consisting of pages of not more
   62  than 14 inches by 8 1/2 inches, per page....................1.00
   63         (b) For making copies by photographic process of any
   64  instrument in the public records of more than 14 inches by 8 1/2
   65  inches, per page............................................5.00
   66         (6) For making microfilm copies of any public records:
   67         (a) 16 mm 100′ microfilm roll.......................42.00
   68         (b) 35 mm 100′ microfilm roll.......................60.00
   69         (c) Microfiche, per fiche............................3.50
   70         (7) For copying any instrument in the public records by
   71  other than photographic process, per page...................6.00
   72         (8) For writing any paper other than herein specifically
   73  mentioned, same as for copying, including signing and sealing7.00
   74         (9) For indexing each entry not recorded.............1.00
   75         (10) For receiving money into the registry of court:
   76         (a)1. First $500, percent...............................3
   77         2. Each subsequent $100, percent......................1.5
   78         (b) Eminent domain actions, per deposit............170.00
   79         (11) For examining, certifying, and recording plats and for
   80  recording condominium exhibits larger than 14 inches by 8 1/2
   81  inches:
   82         (a) First page......................................30.00
   83         (b) Each additional page............................15.00
   84         (12) For recording, indexing, and filing any instrument not
   85  more than 14 inches by 8 1/2 inches, including required notice
   86  to property appraiser where applicable:
   87         (a) First page or fraction thereof...................5.00
   88         (b) Each additional page or fraction thereof.........4.00
   89         (c) For indexing instruments recorded in the official
   90  records which contain more than four names, per additional name1.00
   91         (d) An additional service charge shall be paid to the clerk
   92  of the circuit court to be deposited in the Public Records
   93  Modernization Trust Fund for each instrument listed in s.
   94  28.222, except judgments received from the courts and notices of
   95  lis pendens, recorded in the official records:
   96         1. First page........................................1.00
   97         2. Each additional page..............................0.50
   98  
   99  Said fund shall be held in trust by the clerk and used
  100  exclusively for equipment and maintenance of equipment,
  101  personnel training, and technical assistance in modernizing the
  102  public records system of the office. In a county where the duty
  103  of maintaining official records exists in an office other than
  104  the office of the clerk of the circuit court, the clerk of the
  105  circuit court is entitled to 25 percent of the moneys deposited
  106  into the trust fund for equipment, maintenance of equipment,
  107  training, and technical assistance in modernizing the system for
  108  storing records in the office of the clerk of the circuit court.
  109  The fund may not be used for the payment of travel expenses,
  110  membership dues, bank charges, staff-recruitment costs, salaries
  111  or benefits of employees, construction costs, general operating
  112  expenses, or other costs not directly related to obtaining and
  113  maintaining equipment for public records systems or for the
  114  purchase of furniture or office supplies and equipment not
  115  related to the storage of records. On or before December 1,
  116  1995, and on or before December 1 of each year immediately
  117  preceding each year during which the trust fund is scheduled for
  118  legislative review under s. 19(f)(2), Art. III of the State
  119  Constitution, each clerk of the circuit court shall file a
  120  report on the Public Records Modernization Trust Fund with the
  121  President of the Senate and the Speaker of the House of
  122  Representatives. The report must itemize each expenditure made
  123  from the trust fund since the last report was filed; each
  124  obligation payable from the trust fund on that date; and the
  125  percentage of funds expended for each of the following:
  126  equipment, maintenance of equipment, personnel training, and
  127  technical assistance. The report must indicate the nature of the
  128  system each clerk uses to store, maintain, and retrieve public
  129  records and the degree to which the system has been upgraded
  130  since the creation of the trust fund.
  131         (e) An additional service charge of $4 per page shall be
  132  paid to the clerk of the circuit court for each instrument
  133  listed in s. 28.222, except judgments received from the courts
  134  and notices of lis pendens, recorded in the official records.
  135  From the additional $4 service charge collected:
  136         1. If the counties maintain legal responsibility for the
  137  costs of the court-related technology needs as defined in s.
  138  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  139  Florida Association of Court Clerks and Comptroller, Inc., for
  140  the cost of development, implementation, operation, and
  141  maintenance of the clerks’ Comprehensive Case Information
  142  System, in which system all clerks shall participate on or
  143  before January 1, 2006; $1.90 shall be retained by the clerk to
  144  be deposited in the Public Records Modernization Trust Fund and
  145  used exclusively for funding court-related technology needs of
  146  the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
  147  be distributed to the board of county commissioners to be used
  148  exclusively to fund court-related technology, and court
  149  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  150  state trial courts, state attorney, public defender, and
  151  criminal conflict and civil regional counsel in that county. If
  152  the counties maintain legal responsibility for the costs of the
  153  court-related technology needs as defined in s. 29.008(1)(f)2.
  154  and (h), notwithstanding any other provision of law, the county
  155  is not required to provide additional funding beyond that
  156  provided herein for the court-related technology needs of the
  157  clerk as defined in s. 29.008(1)(f)2. and (h). All court records
  158  and official records are the property of the State of Florida,
  159  including any records generated as part of the Comprehensive
  160  Case Information System funded pursuant to this paragraph and
  161  the clerk of court is designated as the custodian of such
  162  records, except in a county where the duty of maintaining
  163  official records exists in a county office other than the clerk
  164  of court or comptroller, such county office is designated the
  165  custodian of all official records, and the clerk of court is
  166  designated the custodian of all court records. The clerk of
  167  court or any entity acting on behalf of the clerk of court,
  168  including an association, shall not charge a fee to any agency
  169  as defined in s. 119.011, the Legislature, or the State Court
  170  System for copies of records generated by the Comprehensive Case
  171  Information System or held by the clerk of court or any entity
  172  acting on behalf of the clerk of court, including an
  173  association.
  174         2. If the state becomes legally responsible for the costs
  175  of court-related technology needs as defined in s.
  176  29.008(1)(f)2. and (h), whether by operation of general law or
  177  by court order, $4 shall be remitted to the Department of
  178  Revenue for deposit into the General Revenue Fund.
  179         (13) Oath, administering, attesting, and sealing, not
  180  otherwise provided for herein...............................3.50
  181         (14) For validating certificates, any authorized bonds,
  182  each........................................................3.50
  183         (15) For preparing affidavit of domicile.............5.00
  184         (16) For exemplified certificates, including signing and
  185  sealing.....................................................7.00
  186         (17) For authenticated certificates, including signing and
  187  sealing.....................................................7.00
  188         (18)(a) For issuing and filing a subpoena for a witness,
  189  not otherwise provided for herein (includes writing, preparing,
  190  signing, and sealing).......................................7.00
  191         (b) For signing and sealing only.....................2.00
  192         (19) For approving bond..............................8.50
  193         (20) For searching of records, for each year’s search2.00
  194         (21) For processing an application for a tax deed sale
  195  (includes application, sale, issuance, and preparation of tax
  196  deed, and disbursement of proceeds of sale), other than excess
  197  proceeds...................................................60.00
  198         (22) For disbursement of excess proceeds of tax deed sale,
  199  first $100 or fraction thereof.............................10.00
  200         (23) Upon receipt of an application for a marriage license,
  201  for preparing and administering of oath; issuing, sealing, and
  202  recording of the marriage license; and providing a certified
  203  copy.......................................................30.00
  204         (24) For solemnizing matrimony......................30.00
  205         (25) For sealing any court file or expungement of any
  206  record.....................................................42.00
  207         (26)(a) For receiving and disbursing all restitution
  208  payments, per payment.......................................3.50
  209         (b) For receiving and disbursing all partial payments,
  210  other than restitution payments, for which an administrative
  211  processing service charge is not imposed pursuant to s. 28.246,
  212  per month...................................................5.00
  213         (c) For setting up a payment plan, a one-time
  214  administrative processing charge in lieu of a per month charge
  215  under paragraph (b)........................................25.00
  216         (27) Postal charges incurred by the clerk of the circuit
  217  court in any mailing by certified or registered mail shall be
  218  paid by the party at whose instance the mailing is made.
  219         (28) For furnishing an electronic copy of information
  220  contained in a computer database: a fee as provided for in
  221  chapter 119.
  222         Section 4. Section 28.244, Florida Statutes, is amended to
  223  read:
  224         28.244 Refunds.—A clerk of the circuit court or a filing
  225  officer of another office where records are filed who receives
  226  payment for services provided and thereafter determines that an
  227  overpayment has occurred shall refund to the person who made the
  228  payment the amount of any overpayment that exceeds $10 $5. If
  229  the amount of the overpayment is $10 $5 or less, the clerk of
  230  the circuit court or a filing officer of another office where
  231  records are filed is not required to refund the amount of the
  232  overpayment unless the person who made the overpayment makes a
  233  written request.
  234         Section 5. Section 28.345, Florida Statutes, is amended to
  235  read:
  236         28.345 State access to records; exemption from court
  237  related fees and charges.—
  238         (1) Notwithstanding any other provision of law to the
  239  contrary, the clerk of the circuit court shall provide without
  240  charge to the state attorney, public defender, guardian ad
  241  litem, public guardian, attorney ad litem, criminal conflict and
  242  civil regional counsel, and private court-appointed counsel paid
  243  by the state, and to the authorized staff acting on behalf of
  244  each, access to and a copy of any public record. If the public
  245  record is exempt or confidential, the requesting party is only
  246  entitled by law to view or copy the exempt or confidential
  247  record if authority is provided in general law or the Florida
  248  Rules of Judicial Administration. The clerk of the circuit court
  249  may provide the requested public record in an electronic format
  250  in lieu of a paper format when the requesting entity is capable
  251  of accessing it in an electronic format. For purposes of this
  252  subsection, the term “copy of a public record” means any
  253  facsimile, replica, photograph, or other reproduction of a
  254  record.
  255         (2) Notwithstanding any other provision of this chapter or
  256  law to the contrary, judges and those court staff acting on
  257  behalf of judges, state attorneys, guardians ad litem, public
  258  guardians, attorneys ad litem, court-appointed private counsel,
  259  criminal conflict and civil regional counsel, and public
  260  defenders, and state agencies, while acting in their official
  261  capacity, and state agencies, are exempt from all court-related
  262  fees and charges assessed by the clerks of the circuit courts.
  263         (3) The exemptions provided in subsections (1) and (2)
  264  apply only to state agencies and state entities and the party
  265  that an agency or entity is representing. The clerk of court
  266  shall collect the filing fees and services charges as required
  267  in this chapter from all other parties.
  268         Section 6. Subsection (2) of section 50.041, Florida
  269  Statutes, is amended to read:
  270         50.041 Proof of publication; uniform affidavits required.—
  271         (2) Each such affidavit shall be printed upon white bond
  272  paper containing at least 25 percent rag material and shall be 8
  273  1/2 inches in width and of convenient length, not less than 5
  274  1/2 inches. A white margin of not less than 2 1/2 inches shall
  275  be left at the right side of each affidavit form and upon or in
  276  this space shall be substantially pasted a clipping which shall
  277  be a true copy of the public notice or legal advertisement for
  278  which proof is executed. Alternatively, each such affidavit may
  279  be provided in electronic rather than paper form, provided the
  280  notarization of the affidavit complies with the requirements of
  281  s. 117.021.
  282         Section 7. Subsections (2) and (3) of section 119.0714,
  283  Florida Statutes, are amended to read:
  284         119.0714 Court files; court records; official records.—
  285         (2) COURT RECORDS.—
  286         (a)1. Until January 1, 2012, if a social security number or
  287  a bank account, debit, charge, or credit card number is included
  288  in a court file, such number may be included as part of the
  289  court record available for public inspection and copying unless
  290  redaction is requested by the holder of such number or by the
  291  holder’s attorney or legal guardian.
  292         2.(b) A request for redaction must be a signed, legibly
  293  written request specifying the case name, case number, document
  294  heading, and page number. The request must be delivered by mail,
  295  facsimile, electronic transmission, or in person to the clerk of
  296  the court. The clerk of the court does not have a duty to
  297  inquire beyond the written request to verify the identity of a
  298  person requesting redaction.
  299         3.(c) A fee may not be charged for the redaction of a
  300  social security number or a bank account, debit, charge, or
  301  credit card number pursuant to such request.
  302         4.(d) The clerk of the court has no liability for the
  303  inadvertent release of social security numbers, or bank account,
  304  debit, charge, or credit card numbers, unknown to the clerk of
  305  the court in court records filed on or before January 1, 2012.
  306         5.a.(e)1. On January 1, 2012, and thereafter, the clerk of
  307  the court must keep social security numbers confidential and
  308  exempt as provided for in s. 119.071(5)(a), and bank account,
  309  debit, charge, and credit card numbers exempt as provided for in
  310  s. 119.071(5)(b), without any person having to request
  311  redaction.
  312         b.2. Section 119.071(5)(a)7. and 8. does not apply to the
  313  clerks of the court with respect to court records.
  314         (b) A request for maintenance of a public record exemption
  315  in s. 119.071(4)(d)1. made pursuant to s. 119.071(4)(d)2. must
  316  specify the document type, name, identification number, and page
  317  number of the court record that contains the exempt information.
  318         (3) OFFICIAL RECORDS.—
  319         (a)1. Any person who prepares or files a record for
  320  recording in the official records as provided in chapter 28 may
  321  not include in that record a social security number or a bank
  322  account, debit, charge, or credit card number unless otherwise
  323  expressly required by law.
  324         2.a.(b)1. If a social security number or a bank account,
  325  debit, charge, or credit card number is included in an official
  326  record, such number may be made available as part of the
  327  official records available for public inspection and copying
  328  unless redaction is requested by the holder of such number or by
  329  the holder’s attorney or legal guardian.
  330         b.2. If such record is in electronic format, on January 1,
  331  2011, and thereafter, the county recorder must use his or her
  332  best effort, as provided in subparagraph 8. paragraph (h), to
  333  keep social security numbers confidential and exempt as provided
  334  for in s. 119.071(5)(a), and to keep complete bank account,
  335  debit, charge, and credit card numbers exempt as provided for in
  336  s. 119.071(5)(b), without any person having to request
  337  redaction.
  338         c.3. Section 119.071(5)(a)7. and 8. does not apply to the
  339  county recorder with respect to official records.
  340         3.(c) The holder of a social security number or a bank
  341  account, debit, charge, or credit card number, or the holder’s
  342  attorney or legal guardian, may request that a county recorder
  343  redact from an image or copy of an official record placed on a
  344  county recorder’s publicly available Internet website or on a
  345  publicly available Internet website used by a county recorder to
  346  display public records, or otherwise made electronically
  347  available to the public, his or her social security number or
  348  bank account, debit, charge, or credit card number contained in
  349  that official record.
  350         4.(d) A request for redaction must be a signed, legibly
  351  written request and must be delivered by mail, facsimile,
  352  electronic transmission, or in person to the county recorder.
  353  The request must specify the identification page number of the
  354  record that contains the number to be redacted.
  355         5.(e) The county recorder does not have a duty to inquire
  356  beyond the written request to verify the identity of a person
  357  requesting redaction.
  358         6.(f) A fee may not be charged for redacting a social
  359  security number or a bank account, debit, charge, or credit card
  360  number.
  361         7.(g) A county recorder shall immediately and conspicuously
  362  post signs throughout his or her offices for public viewing, and
  363  shall immediately and conspicuously post on any Internet website
  364  or remote electronic site made available by the county recorder
  365  and used for the ordering or display of official records or
  366  images or copies of official records, a notice stating, in
  367  substantially similar form, the following:
  368         a.1. On or after October 1, 2002, any person preparing or
  369  filing a record for recordation in the official records may not
  370  include a social security number or a bank account, debit,
  371  charge, or credit card number in such document unless required
  372  by law.
  373         b.2. Any person has a right to request a county recorder to
  374  remove from an image or copy of an official record placed on a
  375  county recorder’s publicly available Internet website or on a
  376  publicly available Internet website used by a county recorder to
  377  display public records, or otherwise made electronically
  378  available to the general public, any social security number
  379  contained in an official record. Such request must be made in
  380  writing and delivered by mail, facsimile, or electronic
  381  transmission, or delivered in person, to the county recorder.
  382  The request must specify the identification page number that
  383  contains the social security number to be redacted. A fee may
  384  not be charged for the redaction of a social security number
  385  pursuant to such a request.
  386         8.(h) If the county recorder accepts or stores official
  387  records in an electronic format, the county recorder must use
  388  his or her best efforts to redact all social security numbers
  389  and bank account, debit, charge, or credit card numbers from
  390  electronic copies of the official record. The use of an
  391  automated program for redaction shall be deemed to be the best
  392  effort in performing the redaction and shall be deemed in
  393  compliance with the requirements of this subsection.
  394         9.(i) The county recorder is not liable for the inadvertent
  395  release of social security numbers, or bank account, debit,
  396  charge, or credit card numbers, filed with the county recorder.
  397         (b) A request for maintenance of a public record exemption
  398  in s. 119.071(4)(d)1. made pursuant to s. 119.071(4)(d)2. must
  399  specify the document type, name, identification number, and page
  400  number of the official record that contains the exempt
  401  information.
  402         Section 8. Subsection (2) of section 197.542, Florida
  403  Statutes, is amended to read:
  404         197.542 Sale at public auction.—
  405         (2) The certificateholder has the right to bid as others
  406  present may bid, and the property shall be struck off and sold
  407  to the highest bidder. The high bidder shall post with the clerk
  408  a nonrefundable deposit of 5 percent of the bid or $200,
  409  whichever is greater, at the time of the sale, to be applied to
  410  the sale price at the time of full payment. Notice of the
  411  deposit requirement must be posted at the auction site, and the
  412  clerk may require bidders to show their willingness and ability
  413  to post the deposit. If full payment of the final bid and of
  414  documentary stamp tax and recording fees is not made within 24
  415  hours, excluding weekends and legal holidays, the clerk shall
  416  cancel all bids, readvertise the sale as provided in this
  417  section, and pay all costs of the sale from the deposit. Any
  418  remaining funds must be applied toward the opening bid. If the
  419  property is redeemed prior to the clerk receiving full payment
  420  for the issuance of a tax deed, in order to receive a refund of
  421  the deposit described in this subsection, the high bidder must
  422  submit a request for such refund in writing to the clerk. Upon
  423  receipt of the refund request, the clerk shall refund the cash
  424  deposit. The clerk may refuse to recognize the bid of any person
  425  who has previously bid and refused, for any reason, to honor
  426  such bid.
  427         Section 9. This act shall take effect upon becoming a law.
  428  
  429  ================= T I T L E  A M E N D M E N T ================
  430         And the title is amended as follows:
  431         Delete everything before the enacting clause
  432  and insert:
  433                        A bill to be entitled                      
  434         An act relating to clerks of court; amending s. 28.13,
  435         F.S.; providing requirements for storage of electronic
  436         filings; requiring papers and electronic filings to be
  437         electronically time stamped; amending s. 28.222, F.S.;
  438         authorizing the clerk to remove sealed or expunged
  439         court records from the Official Records; amending s.
  440         28.24, F.S.; revising language concerning an exemption
  441         from charges for services provided to specified
  442         officials and their staffs; amending s. 28.244, F.S.;
  443         increasing the threshold amount for automatic
  444         repayment of overpayments; amending s. 28.345, F.S.;
  445         providing for access to clerks’ files by state
  446         agencies and an exemption from copying fees and
  447         charges; limiting the application of an exemption from
  448         payment of fees and charges assessed by clerks of
  449         circuit courts to official use; amending s. 50.041,
  450         F.S.; authorizing the use of electronic proof of
  451         publication affidavits; amending s. 119.0714, F.S.;
  452         requiring certain persons to provide specific
  453         information to the clerk to maintain the public
  454         records exemption status of certain information under
  455         specified provisions; amending s. 197.542, F.S.;
  456         authorizing the clerk to issue a refund to the
  457         depositor for redeemed property subject to a tax sale;
  458         providing an effective date.