Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 790
       
       
       
       
       
       
                                Ì4766526Î476652                         
       
                              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 (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (1) and (2) of section
    6  28.001, Florida Statutes, are renumbered as subsections (2) and
    7  (3), respectively, and a new subsection (1) is added to that
    8  section, to read:
    9         28.001 Definitions.—As used in this chapter:
   10         (1) “Court records” means the contents of a court file and
   11  also includes:
   12         (a)The progress docket and other similar records generated
   13  to document activity in a case.
   14         (b) Transcripts filed with the clerk.
   15         (c) Documentary exhibits in the custody of the clerk.
   16         (d) Electronic records, videotapes, or stenographic tapes
   17  of depositions or other proceedings filed with the clerk.
   18         (e)Electronic records, videotapes, and stenographic tapes
   19  of court proceedings.
   20         Section 2. Subsection (7) of section 28.222, Florida
   21  Statutes, is amended to read:
   22         28.222 Clerk to be county recorder.—
   23         (7)(a) All instruments recorded in the Official Records
   24  shall always be open to the public, under the supervision of the
   25  clerk, for the purpose of inspection thereof and of making
   26  extracts therefrom.; but
   27         (b) The clerk is shall not be required to perform any
   28  service in connection with such inspection or making of extracts
   29  without payment of service charges as provided in s. 28.24.
   30         (c) The payment of the service charges under s. 28.24 must
   31  be retained by the clerk of the circuit court in his or her
   32  capacity as county recorder, except that service charges under
   33  s. 28.24 relating to court records or functions meeting the
   34  description of court-related functions in s. 28.35(3)(a) must be
   35  distributed for the specified functions.
   36         Section 3. Subsections (3), (4), (6), (8), (13), (14),
   37  (17), and (20) of section 28.24, Florida Statutes, are amended
   38  to read:
   39         28.24 Service charges.—The clerk of the circuit court shall
   40  charge for services rendered manually or electronically by the
   41  clerk’s office in recording documents and instruments and in
   42  performing other specified duties. These charges may not exceed
   43  those specified in this section, except as provided in s.
   44  28.345.
   45         (3)(a) For certifying copies of any instrument that is a
   46  court record in the public records: 2.00, from which the clerk
   47  shall remit 0.50 to the Department of Revenue for deposit into
   48  the General Revenue Fund.
   49         (b) For certifying copies of any instrument that is not a
   50  court record in the public records: 2.00.
   51         (4)(a) For verifying any instrument that is a court record
   52  which is presented for certification prepared by someone other
   53  than the clerk, per page: 3.50, from which the clerk shall remit
   54  0.50 per page to the Department of Revenue for deposit into the
   55  General Revenue Fund.
   56         (b) For verifying any instrument that is not a court record
   57  which is presented for certification prepared by someone other
   58  than the clerk, per page: 3.50.
   59         (6) For making microfilm copies of any public records:
   60         (a) That are court records:
   61         1. 16 mm 100′ microfilm roll: 42.00, from which the clerk
   62  shall remit 4.50 to the Department of Revenue for deposit into
   63  the General Revenue Fund.
   64         2.(b) 35 mm 100′ microfilm roll: 60.00, from which the
   65  clerk shall remit 7.50 to the Department of Revenue for deposit
   66  into the General Revenue Fund.
   67         3.(c) Microfiche, per fiche: 3.50, from which the clerk
   68  shall remit 0.50 to the Department of Revenue for deposit into
   69  the General Revenue Fund.
   70         (b) That are not court records:
   71         1. 16 mm 100’ microfilm roll: 42.00.
   72         2. 35 mm 100’ microfilm roll: 60.00.
   73         3. Microfiche, per fiche: 3.50.
   74         (8)(a) For writing any paper that is a court record other
   75  than a paper otherwise herein specifically identified in this
   76  section mentioned, same as for copying, including signing and
   77  sealing: 7.00, from which the clerk shall remit 1.00 to the
   78  Department of Revenue for deposit into the General Revenue Fund.
   79         (b) For writing any paper that is not a court record other
   80  than a paper otherwise specifically identified in this section,
   81  including signing and sealing: 7.00.
   82         (13)(a) Oath, administering, attesting, and sealing of
   83  court records, not otherwise provided for in this section
   84  herein: 3.50, from which the clerk shall remit 0.50 to the
   85  Department of Revenue for deposit into the General Revenue Fund.
   86         (b) Oath, administering, attesting, and sealing of noncourt
   87  records not otherwise provided for in this section: 3.50.
   88         (14)(a) For validating certificates or, any authorized
   89  bonds that are court records, each: 3.50, from which the clerk
   90  shall remit 0.50 each to the Department of Revenue for deposit
   91  into the General Revenue Fund.
   92         (b) For validating certificates or any authorized bonds
   93  that are not court records, each: 3.50.
   94         (17)(a) For authenticated certificates, including the
   95  signing and sealing of court records: 7.00, from which the clerk
   96  shall remit 1.00 to the Department of Revenue for deposit into
   97  the General Revenue Fund.
   98         (b) For authenticated certificates, including the signing
   99  and sealing of noncourt records: 7.00.
  100         (20)(a) For searching of court records, for each year’s
  101  search: 2.00, from which the clerk shall remit 0.50 for each
  102  year’s search to the Department of Revenue for deposit into the
  103  General Revenue Fund.
  104         (b) For searching of noncourt records, for each year’s
  105  search: 2.00.
  106         Section 4. Subsection (2) of section 28.241, Florida
  107  Statutes, is amended to read:
  108         28.241 Filing fees for trial and appellate proceedings.—
  109         (2) Upon the institution of any appellate proceeding from
  110  any lower court to the circuit court of any such county,
  111  including appeals filed by a county or municipality as provided
  112  in s. 34.041(5), or from the county or circuit court to an
  113  appellate court of the state, the clerk shall charge and collect
  114  from the party or parties instituting such appellate proceedings
  115  a filing fee, as follows:
  116         (a)not to exceed $280, from which the clerk shall remit
  117  $20 to the Department of Revenue for deposit into the General
  118  Revenue Fund, For filing a notice of appeal from the county
  119  court to the circuit court, a filing fee not to exceed $280.
  120  and, in addition to the filing fee required under s. 25.241 or
  121  s. 35.22, $100
  122         (b) For filing a notice of appeal from the county or
  123  circuit court to the district court of appeal or to the Supreme
  124  Court, in addition to the filing fee required under s. 25.241 or
  125  s. 35.22, a filing fee not to exceed $100, of which the clerk
  126  shall remit $20 to the Department of Revenue for deposit into
  127  the General Revenue Fund.
  128  
  129  If the party is determined to be indigent, the clerk shall defer
  130  payment of the fee otherwise required by this subsection.
  131         Section 5. This act shall take effect July 1, 2020.
  132  
  133  ================= T I T L E  A M E N D M E N T ================
  134  And the title is amended as follows:
  135         Delete everything before the enacting clause
  136  and insert:
  137                        A bill to be entitled                      
  138         An act relating to clerks of the circuit court;
  139         amending s. 28.001, F.S.; defining the term “court
  140         records”; amending s. 28.222, F.S.; specifying the
  141         manner in which the clerk of court must retain and
  142         distribute proceeds from specified service charges;
  143         amending s. 28.24, F.S.; specifying the amount for
  144         service charges for certain services rendered, and
  145         noncourt records filed, by the clerk of court;
  146         amending s. 28.241, F.S.; specifying the portion of
  147         the filing fee for specified appellate proceedings
  148         which must be deposited into the General Revenue Fund;
  149         providing an effective date.