Florida Senate - 2013                              CS for SB 556
       
       
       
       By the Committee on Judiciary; and Senator Ring
       
       
       
       
       590-01991A-13                                          2013556c1
    1                        A bill to be entitled                      
    2         An act relating to clerks of the court; amending s.
    3         28.13, F.S.; providing requirements for the storage of
    4         papers and electronic filings and requiring that they
    5         be stamped with the date and time of submission;
    6         requiring the clerk to retain control and custody of
    7         filed documents; amending s. 28.222, F.S.; authorizing
    8         the clerk to remove certain court records from the
    9         Official Records; amending s. 28.24, F.S.; deleting
   10         provisions exempting specified persons from service
   11         fees; amending s. 28.244, F.S.; increasing the
   12         threshold amount for automatic repayment of
   13         overpayments; amending s. 28.345, F.S.; requiring that
   14         the clerk provide access to public records without
   15         charge to certain persons, subject to a limitation and
   16         an exception; authorizing the clerk to provide public
   17         records in an electronic format under certain
   18         circumstances; amending s. 57.081, F.S.; clarifying
   19         that, with the exception of charges for issuance of a
   20         summons, the prepayment of costs is not required upon
   21         a certification of indigence; amending s. 57.082,
   22         F.S.; providing for the inclusion of certain filing
   23         fees in payment plans; amending s. 101.151, F.S.;
   24         clarifying when the office title “Clerk of the Circuit
   25         Court and Comptroller” may be used; amending s.
   26         119.0714, F.S.; requiring that certain requests for
   27         maintenance of a public record exemption specify
   28         certain information; amending s. 194.032, F.S.;
   29         requiring that the property appraiser, rather than the
   30         clerk, provide the property record card to a
   31         petitioner regardless of whether the petitioner
   32         initiates evidence exchange; amending s. 938.30, F.S.;
   33         providing that the state is not required to pay fees
   34         to enforce judgment for costs and fines; providing an
   35         effective date.
   36  
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 28.13, Florida Statutes, is amended to
   40  read:
   41         28.13 To keep Papers and electronic filings.—The clerk of
   42  the circuit court must maintain shall keep all papers and
   43  electronic filings filed in the clerk’s office with the utmost
   44  care and security, storing them with related case arranged in
   45  appropriate files and affixing a stamp, which may be electronic,
   46  to each submission indicating (endorsing upon each the date and
   47  time that when the submission same was filed. The clerk may),
   48  and shall not permit any attorney or other person to remove
   49  filed documents from the control or custody take papers once
   50  filed out of the office of the clerk without leave of the court,
   51  except as otherwise is hereinafter provided by law.
   52         Section 2. Present subsections (4) through (6) of section
   53  28.222, Florida Statutes, are renumbered as subsections (5)
   54  through (7), respectively, and a new subsection (4) is added to
   55  that section to read:
   56         28.222 Clerk to be county recorder.—
   57         (4)The county recorder shall remove recorded court
   58  documents from the Official Records pursuant to a sealing or
   59  expunction order.
   60         Section 3. Section 28.24, Florida Statutes, is amended to
   61  read:
   62         28.24 Service charges by clerk of the circuit court.—The
   63  clerk of the circuit court shall charge for services rendered
   64  manually or electronically by the clerk’s office in recording
   65  documents and instruments and in performing other specified the
   66  duties. These charges may enumerated in amounts not to exceed
   67  those specified in this section, except as provided in s.
   68  28.345. Notwithstanding any other provision of this section, the
   69  clerk of the circuit court shall provide without charge to the
   70  state attorney, public defender, guardian ad litem, public
   71  guardian, attorney ad litem, criminal conflict and civil
   72  regional counsel, and private court-appointed counsel paid by
   73  the state, and to the authorized staff acting on behalf of each,
   74  access to and a copy of any public record, if the requesting
   75  party is entitled by law to view the exempt or confidential
   76  record, as maintained by and in the custody of the clerk of the
   77  circuit court as provided in general law and the Florida Rules
   78  of Judicial Administration. The clerk of the circuit court may
   79  provide the requested public record in an electronic format in
   80  lieu of a paper format when capable of being accessed by the
   81  requesting entity.
   82  
   83  Charges
   84  
   85         (1) For examining, comparing, correcting, verifying, and
   86  certifying transcripts of record in appellate proceedings,
   87  prepared by attorney for appellant or someone else other than
   88  clerk, per page.............................................5.00
   89         (2) For preparing, numbering, and indexing an original
   90  record of appellate proceedings, per instrument.............3.50
   91         (3) For certifying copies of any instrument in the public
   92  records.....................................................2.00
   93         (4) For verifying any instrument presented for
   94  certification prepared by someone other than clerk, per page3.50
   95         (5)(a) For making copies by photographic process of any
   96  instrument in the public records consisting of pages of not more
   97  than 14 inches by 8 1/2 inches, per page....................1.00
   98         (b) For making copies by photographic process of any
   99  instrument in the public records of more than 14 inches by 8 1/2
  100  inches, per page............................................5.00
  101         (6) For making microfilm copies of any public records:
  102         (a) 16 mm 100′ microfilm roll.......................42.00
  103         (b) 35 mm 100′ microfilm roll.......................60.00
  104         (c) Microfiche, per fiche............................3.50
  105         (7) For copying any instrument in the public records by
  106  other than photographic process, per page...................6.00
  107         (8) For writing any paper other than herein specifically
  108  mentioned, same as for copying, including signing and sealing7.00
  109         (9) For indexing each entry not recorded.............1.00
  110         (10) For receiving money into the registry of court:
  111         (a)1. First $500, percent...............................3
  112         2. Each subsequent $100, percent......................1.5
  113         (b) Eminent domain actions, per deposit............170.00
  114         (11) For examining, certifying, and recording plats and for
  115  recording condominium exhibits larger than 14 inches by 8 1/2
  116  inches:
  117         (a) First page......................................30.00
  118         (b) Each additional page............................15.00
  119         (12) For recording, indexing, and filing any instrument not
  120  more than 14 inches by 8 1/2 inches, including required notice
  121  to property appraiser where applicable:
  122         (a) First page or fraction thereof...................5.00
  123         (b) Each additional page or fraction thereof.........4.00
  124         (c) For indexing instruments recorded in the official
  125  records which contain more than four names, per additional name1.00
  126         (d) An additional service charge must shall be paid to the
  127  clerk of the circuit court to be deposited in the Public Records
  128  Modernization Trust Fund for each instrument listed in s.
  129  28.222, except judgments received from the courts and notices of
  130  lis pendens, recorded in the official records:
  131         1. First page........................................1.00
  132         2. Each additional page..............................0.50
  133  
  134  Said fund must shall be held in trust by the clerk and used
  135  exclusively for equipment and maintenance of equipment,
  136  personnel training, and technical assistance in modernizing the
  137  public records system of the office. In a county where the duty
  138  of maintaining official records exists in an office other than
  139  the office of the clerk of the circuit court, the clerk of the
  140  circuit court is entitled to 25 percent of the moneys deposited
  141  into the trust fund for equipment, maintenance of equipment,
  142  training, and technical assistance in modernizing the system for
  143  storing records in the office of the clerk of the circuit court.
  144  The fund may not be used for the payment of travel expenses,
  145  membership dues, bank charges, staff-recruitment costs, salaries
  146  or benefits of employees, construction costs, general operating
  147  expenses, or other costs not directly related to obtaining and
  148  maintaining equipment for public records systems or for the
  149  purchase of furniture or office supplies and equipment not
  150  related to the storage of records. On or before December 1,
  151  1995, and on or before December 1 of each year immediately
  152  preceding each year during which the trust fund is scheduled for
  153  legislative review under s. 19(f)(2), Art. III of the State
  154  Constitution, each clerk of the circuit court shall file a
  155  report on the Public Records Modernization Trust Fund with the
  156  President of the Senate and the Speaker of the House of
  157  Representatives. The report must itemize each expenditure made
  158  from the trust fund since the last report was filed; each
  159  obligation payable from the trust fund on that date; and the
  160  percentage of funds expended for each of the following:
  161  equipment, maintenance of equipment, personnel training, and
  162  technical assistance. The report must indicate the nature of the
  163  system each clerk uses to store, maintain, and retrieve public
  164  records and the degree to which the system has been upgraded
  165  since the creation of the trust fund.
  166         (e) An additional service charge of $4 per page shall be
  167  paid to the clerk of the circuit court for each instrument
  168  listed in s. 28.222, except judgments received from the courts
  169  and notices of lis pendens, recorded in the official records.
  170  From the additional $4 service charge collected:
  171         1. If the counties maintain legal responsibility for the
  172  costs of the court-related technology needs as defined in s.
  173  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  174  Florida Association of Court Clerks and Comptrollers, Inc., for
  175  the cost of development, implementation, operation, and
  176  maintenance of the clerks’ Comprehensive Case Information
  177  System; $1.90 shall be retained by the clerk to be deposited in
  178  the Public Records Modernization Trust Fund and used exclusively
  179  for funding court-related technology needs of the clerk as
  180  defined in s. 29.008(1)(f)2. and (h); and $2 shall be
  181  distributed to the board of county commissioners to be used
  182  exclusively to fund court-related technology, and court
  183  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  184  state trial courts, state attorney, public defender, and
  185  criminal conflict and civil regional counsel in that county. If
  186  the counties maintain legal responsibility for the costs of the
  187  court-related technology needs as defined in s. 29.008(1)(f)2.
  188  and (h), notwithstanding any other provision of law, the county
  189  is not required to provide additional funding beyond that
  190  provided herein for the court-related technology needs of the
  191  clerk as defined in s. 29.008(1)(f)2. and (h). All court records
  192  and official records are the property of the State of Florida,
  193  including any records generated as part of the Comprehensive
  194  Case Information System funded pursuant to this paragraph and
  195  the clerk of court is designated as the custodian of such
  196  records, except in a county where the duty of maintaining
  197  official records exists in a county office other than the clerk
  198  of court or comptroller, such county office is designated the
  199  custodian of all official records, and the clerk of court is
  200  designated the custodian of all court records. The clerk of
  201  court or any entity acting on behalf of the clerk of court,
  202  including an association, may shall not charge a fee to any
  203  agency as defined in s. 119.011, the Legislature, or the State
  204  Court System for copies of records generated by the
  205  Comprehensive Case Information System or held by the clerk of
  206  court or any entity acting on behalf of the clerk of court,
  207  including an association.
  208         2. If the state becomes legally responsible for the costs
  209  of court-related technology needs as defined in s.
  210  29.008(1)(f)2. and (h), whether by operation of general law or
  211  by court order, $4 shall be remitted to the Department of
  212  Revenue for deposit into the General Revenue Fund.
  213         (13) Oath, administering, attesting, and sealing, not
  214  otherwise provided for herein...............................3.50
  215         (14) For validating certificates, any authorized bonds,
  216  each........................................................3.50
  217         (15) For preparing affidavit of domicile.............5.00
  218         (16) For exemplified certificates, including signing and
  219  sealing.....................................................7.00
  220         (17) For authenticated certificates, including signing and
  221  sealing.....................................................7.00
  222         (18)(a) For issuing and filing a subpoena for a witness,
  223  not otherwise provided for herein (includes writing, preparing,
  224  signing, and sealing).......................................7.00
  225         (b) For signing and sealing only.....................2.00
  226         (19) For approving bond..............................8.50
  227         (20) For searching of records, for each year’s search2.00
  228         (21) For processing an application for a tax deed sale
  229  (includes application, sale, issuance, and preparation of tax
  230  deed, and disbursement of proceeds of sale), other than excess
  231  proceeds...................................................60.00
  232         (22) For disbursement of excess proceeds of tax deed sale,
  233  first $100 or fraction thereof.............................10.00
  234         (23) Upon receipt of an application for a marriage license,
  235  for preparing and administering of oath; issuing, sealing, and
  236  recording of the marriage license; and providing a certified
  237  copy.......................................................30.00
  238         (24) For solemnizing matrimony......................30.00
  239         (25) For sealing any court file or expungement of any
  240  record.....................................................42.00
  241         (26)(a) For receiving and disbursing all restitution
  242  payments, per payment.......................................3.50
  243         (b) For receiving and disbursing all partial payments,
  244  other than restitution payments, for which an administrative
  245  processing service charge is not imposed pursuant to s. 28.246,
  246  per month...................................................5.00
  247         (c) For setting up a payment plan, a one-time
  248  administrative processing charge in lieu of a per month charge
  249  under paragraph (b)........................................25.00
  250         (27) Postal charges incurred by the clerk of the circuit
  251  court in any mailing by certified or registered mail must shall
  252  be paid by the party at whose instance the mailing is made.
  253         (28) For furnishing an electronic copy of information
  254  contained in a computer database: a fee as provided for in
  255  chapter 119.
  256         Section 4. Section 28.244, Florida Statutes, is amended to
  257  read:
  258         28.244 Refunds.—A clerk of the circuit court or a filing
  259  officer of another office where records are filed who receives
  260  payment for services provided and thereafter determines that an
  261  overpayment has occurred shall refund to the person who made the
  262  payment the amount of any overpayment that exceeds $10 $5. If
  263  the amount of the overpayment is $10 $5 or less, the clerk of
  264  the circuit court or a filing officer of another office where
  265  records are filed is not required to refund the amount of the
  266  overpayment unless the person who made the overpayment makes a
  267  written request.
  268         Section 5. Section 28.345, Florida Statutes, is amended to
  269  read:
  270         28.345 State access to records; exemption from court
  271  related fees and charges.—
  272         (1)Notwithstanding any other provision of law, the clerk
  273  of the circuit court shall, upon request, provide access to
  274  public records without charge to the state attorney, public
  275  defender, guardian ad litem, public guardian, attorney ad litem,
  276  criminal conflict and civil regional counsel, and private court
  277  appointed counsel paid by the state, and to authorized staff
  278  acting on their behalf. The clerk of court may provide the
  279  requested public record in an electronic format in lieu of a
  280  paper format if the requesting entity is capable of accessing
  281  such public record electronically.
  282         (2) Notwithstanding any other provision of this chapter or
  283  law to the contrary, judges and those court staff acting on
  284  behalf of judges, state attorneys, guardians ad litem, public
  285  guardians, attorneys ad litem, court-appointed private counsel,
  286  criminal conflict and civil regional counsel, and public
  287  defenders, and state agencies, while acting in their official
  288  capacity, and state agencies, are exempt from all court-related
  289  fees and charges assessed by the clerks of the circuit courts.
  290         (3)The exemptions from fees or charges provided in this
  291  section apply only to state agencies and state entities and the
  292  party represented by the agency or entity.
  293         Section 6. Subsection (1) of section 57.081, Florida
  294  Statutes, is amended to read:
  295         57.081 Costs; right to proceed where prepayment of costs
  296  and payment of filing fees waived.—
  297         (1) Any indigent person, except a prisoner as defined in s.
  298  57.085, who is a party or intervenor in any judicial or
  299  administrative agency proceeding or who initiates such
  300  proceeding shall receive the services of the courts, sheriffs,
  301  and clerks, with respect to such proceedings, despite his or her
  302  present inability to pay for these services. Such services are
  303  limited to filing fees; service of process; certified copies of
  304  orders or final judgments; a single photocopy of any court
  305  pleading, record, or instrument filed with the clerk; examining
  306  fees; mediation services and fees; private court-appointed
  307  counsel fees; subpoena fees and services; service charges for
  308  collecting and disbursing funds; and any other cost or service
  309  arising out of pending litigation. In any appeal from an
  310  administrative agency decision, for which the clerk is
  311  responsible for preparing the transcript, the clerk shall record
  312  the cost of preparing the transcripts and the cost for copies of
  313  any exhibits in the record. Prepayment of costs to any court,
  314  clerk, or sheriff is not required and payment of filing fees is
  315  not required in any action if the party has obtained in each
  316  proceeding a certification of indigence in accordance with s.
  317  27.52 or s. 57.082 A party who has obtained a certification of
  318  indigence pursuant to s. 27.52 or s. 57.082 with respect to a
  319  proceeding is not required to prepay costs to a court, clerk, or
  320  sheriff and is not required to pay filing fees or charges for
  321  issuance of a summons.
  322         Section 7. Subsection (6) of section 57.082, Florida
  323  Statutes, is amended to read:
  324         57.082 Determination of civil indigent status.—
  325         (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
  326  clerk or the court determines is indigent for civil proceedings
  327  under this section shall be enrolled in a payment plan under s.
  328  28.246 and shall be charged a one-time administrative processing
  329  charge under s. 28.24(26)(c). A monthly payment amount,
  330  calculated based upon all fees and all anticipated costs, is
  331  presumed to correspond to the person’s ability to pay if it does
  332  not exceed 2 percent of the person’s annual net income, as
  333  defined in subsection (1), divided by 12. The person may seek
  334  review of the clerk’s decisions regarding a payment plan
  335  established under s. 28.246 in the court having jurisdiction
  336  over the matter. A case may not be impeded in any way, delayed
  337  in filing, or delayed in its progress, including the final
  338  hearing and order, due to nonpayment of any fees or costs by an
  339  indigent person. Filing fees waived from payment under s. 57.081
  340  may not be included in the calculation related to a payment plan
  341  established under this section.
  342         Section 8. Paragraph (a) of subsection (2) of section
  343  101.151, Florida Statutes, is amended to read:
  344         101.151 Specifications for ballots.—
  345         (2)(a) The ballot must include shall have the following
  346  office titles above under which shall appear the names of the
  347  candidates for the respective offices in the following order:
  348         1. The office titles of President and Vice President above
  349  and thereunder the names of the candidates for President and
  350  Vice President of the United States nominated by the political
  351  party that received the highest vote for Governor in the last
  352  general election of the Governor in this state, followed by.
  353  Then shall appear the names of other candidates for President
  354  and Vice President of the United States who have been properly
  355  nominated.
  356         2. The office titles of United States Senator and
  357  Representative in Congress.
  358         3. The office titles of Governor and Lieutenant Governor;
  359  Attorney General; Chief Financial Officer; Commissioner of
  360  Agriculture; State Attorney, with the applicable judicial
  361  circuit; and Public Defender, with the applicable judicial
  362  circuit.
  363         4.  The office titles of State Senator and State
  364  Representative, with the applicable district for the office
  365  printed beneath.
  366         5. The office titles of Clerk of the Circuit Court, or,
  367  when the Clerk of the Circuit Court also serves as the County
  368  Comptroller, Clerk of the Circuit Court and Comptroller,
  369  (whichever is applicable and when authorized by law;), Clerk of
  370  the County Court, (when authorized by law;), Sheriff;, Property
  371  Appraiser;, Tax Collector;, District Superintendent of Schools;,
  372  and Supervisor of Elections.
  373         6. The office titles of Board of County Commissioners, with
  374  the applicable district printed beneath each office, and such
  375  other county and district offices as are involved in the
  376  election, in the order fixed by the Department of State,
  377  followed, in the year of their election, by “Party Offices,” and
  378  thereunder the offices of state and county party executive
  379  committee members.
  380         Section 9. Paragraph (f) is added to subsection (2) of
  381  section 119.0714, Florida Statutes, and section (3) is amended,
  382  to read:
  383         119.0714 Court files; court records; official records.—
  384         (2) COURT RECORDS.—
  385         (f)A request for maintenance of a public records exemption
  386  in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must
  387  specify the document type, name, identification number, and page
  388  number of the court record that contains the exempt information.
  389         (3) OFFICIAL RECORDS.—
  390         (a)A Any person who prepares or files a record for
  391  recording in the official records as provided in chapter 28 may
  392  not include in that record a social security number or a bank
  393  account, debit, charge, or credit card number unless otherwise
  394  expressly required by law.
  395         (a)(b)1. If a social security number or a bank account,
  396  debit, charge, or credit card number is included in an official
  397  record, such number may be made available as part of the
  398  official records available for public inspection and copying
  399  unless redaction is requested by the holder of such number or by
  400  the holder’s attorney or legal guardian.
  401         1.2. If such record is in electronic format, on January 1,
  402  2011, and thereafter, the county recorder must use his or her
  403  best effort, as provided in paragraph (d)(h), to keep social
  404  security numbers confidential and exempt as provided for in s.
  405  119.071(5)(a), and to keep complete bank account, debit, charge,
  406  and credit card numbers exempt as provided for in s.
  407  119.071(5)(b), without any person having to request redaction.
  408         2.3. Section 119.071(5)(a)7. and 8. does not apply to the
  409  county recorder with respect to official records.
  410         (b)(c) The holder of a social security number or a bank
  411  account, debit, charge, or credit card number, or the holder’s
  412  attorney or legal guardian, may request that a county recorder
  413  redact from an image or copy of an official record placed on a
  414  county recorder’s publicly available Internet website or on a
  415  publicly available Internet website used by a county recorder to
  416  display public records, or otherwise made electronically
  417  available to the public, his or her social security number or
  418  bank account, debit, charge, or credit card number contained in
  419  that official record.
  420         1.(d) A request for redaction must be a signed, legibly
  421  written request and must be delivered by mail, facsimile,
  422  electronic transmission, or in person to the county recorder.
  423  The request must specify the identification page number of the
  424  record that contains the number to be redacted.
  425         2.(e) The county recorder does not have a duty to inquire
  426  beyond the written request to verify the identity of a person
  427  requesting redaction.
  428         3.(f) A fee may not be charged for redacting a social
  429  security number or a bank account, debit, charge, or credit card
  430  number.
  431         (c)(g) A county recorder shall immediately and
  432  conspicuously post signs throughout his or her offices for
  433  public viewing, and shall immediately and conspicuously post on
  434  any Internet website or remote electronic site made available by
  435  the county recorder and used for the ordering or display of
  436  official records or images or copies of official records, a
  437  notice stating, in substantially similar form, the following:
  438         1. On or after October 1, 2002, any person preparing or
  439  filing a record for recordation in the official records may not
  440  include a social security number or a bank account, debit,
  441  charge, or credit card number in such document unless required
  442  by law.
  443         2. Any person has a right to request a county recorder to
  444  remove from an image or copy of an official record placed on a
  445  county recorder’s publicly available Internet website or on a
  446  publicly available Internet website used by a county recorder to
  447  display public records, or otherwise made electronically
  448  available to the general public, any social security number
  449  contained in an official record. Such request must be made in
  450  writing and delivered by mail, facsimile, or electronic
  451  transmission, or delivered in person, to the county recorder.
  452  The request must specify the identification page number that
  453  contains the social security number to be redacted. A fee may
  454  not be charged for the redaction of a social security number
  455  pursuant to such a request.
  456         (d)(h) If the county recorder accepts or stores official
  457  records in an electronic format, the county recorder must use
  458  his or her best efforts to redact all social security numbers
  459  and bank account, debit, charge, or credit card numbers from
  460  electronic copies of the official record. The use of an
  461  automated program for redaction is shall be deemed to be the
  462  best effort in performing the redaction and is shall be deemed
  463  in compliance with the requirements of this subsection.
  464         (e)(i) The county recorder is not liable for the
  465  inadvertent release of social security numbers, or bank account,
  466  debit, charge, or credit card numbers, filed with the county
  467  recorder.
  468         (f)A request for maintenance of a public records exemption
  469  in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must
  470  specify the document type, name, identification number, and page
  471  number of the official record that contains the exempt
  472  information.
  473         Section 10. Paragraph (a) of subsection (2) of section
  474  194.032, Florida Statutes, is amended to read:
  475         194.032 Hearing purposes; timetable.—
  476         (2)(a) The clerk of the governing body of the county shall
  477  prepare a schedule of appearances before the board based on
  478  petitions timely filed with him or her. The clerk shall notify
  479  each petitioner of the scheduled time of his or her appearance
  480  at least 25 calendar days before the day of the scheduled
  481  appearance. The notice must shall indicate whether the petition
  482  has been scheduled to be heard at a particular time or during a
  483  block of time. If the petition has been scheduled to be heard
  484  within a block of time, the beginning and ending of that block
  485  of time must shall be indicated on the notice; however, as
  486  provided in paragraph (b), a petitioner may not be required to
  487  wait for more than a reasonable time, not to exceed 2 hours,
  488  after the beginning of the block of time. If the petitioner
  489  checked the appropriate box on the petition form to request a
  490  copy of the property record card containing relevant information
  491  used in computing the current assessment, the property appraiser
  492  must provide the copy to the petitioner upon receipt of the
  493  petition from the clerk regardless of whether the petitioner
  494  initiates evidence exchange clerk shall provide the copy of the
  495  card along with the notice. Upon receipt of the notice, the
  496  petitioner may reschedule the hearing a single time by
  497  submitting to the clerk a written request to reschedule, at
  498  least 5 calendar days before the day of the originally scheduled
  499  hearing.
  500         Section 11. Subsections (2) and (6) of section 938.30,
  501  Florida Statutes, are amended to read:
  502         938.30 Financial obligations in criminal cases;
  503  supplementary proceedings.—
  504         (2) The court may require a person liable for payment of an
  505  obligation to appear and be examined under oath concerning the
  506  person’s financial ability to pay the obligation. The judge may
  507  convert the statutory financial obligation into a court-ordered
  508  obligation to perform community service, subject to the
  509  provisions of s. 318.18(8), after examining a person under oath
  510  and determining the a person’s inability to pay. Any person who
  511  fails failing to attend a hearing may be arrested on warrant or
  512  capias which may be issued by the clerk upon order of the court.
  513         (6) If judgment has not been previously entered on any
  514  court-imposed financial obligation, the court may enter judgment
  515  thereon and issue any writ necessary to enforce the judgment in
  516  the manner allowed in civil cases. Any judgment issued under
  517  this section constitutes a civil lien against the judgment
  518  debtor’s presently owned or after-acquired property, when
  519  recorded pursuant to s. 55.10. Supplementary proceedings
  520  undertaken by any governmental entity to satisfy a judgment
  521  imposed pursuant to this section may proceed without bond and
  522  without the payment of statutory fees associated with judgment
  523  enforcement.
  524         Section 12. This act shall take effect July 1, 2013.