Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. PCS (412016) for CS for SB 838
Ì212474*Î212474
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Hooper) recommended the
following:
1 Senate Substitute for Amendment (187280) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Effective July 1, 2021, subsection (7) of
7 section 28.222, Florida Statutes, is amended to read:
8 28.222 Clerk to be county recorder.—
9 (7)(a) All instruments recorded in the Official Records
10 must remain shall always be open to the public, under the
11 supervision of the clerk, for the purpose of inspection thereof
12 and of making extracts therefrom.; but
13 (b) The clerk is shall not be required to perform any
14 service in connection with such inspection or making of extracts
15 without payment of service charges as provided in s. 28.24.
16 (c) The clerk, in his or her capacity as county recorder,
17 must retain the service charge payments under s. 28.24, except
18 that those service charge payments that relate to court records
19 or functions and meet the description of court-related functions
20 in s. 28.35(3)(a) must be distributed for those court-related
21 functions.
22 Section 2. Effective July 1, 2021, section 28.24, Florida
23 Statutes, is amended to read:
24 28.24 Service charges.—The clerk of the circuit court shall
25 charge for services rendered manually or electronically by the
26 clerk’s office in recording documents and instruments and in
27 performing other specified duties. These charges may not exceed
28 those specified in this section, except as provided in s.
29 28.345.
30 (1) For purposes of this section, the term “court record”
31 means the contents of a court file and includes:
32 (a) Progress dockets and other similar records generated to
33 document activity in a case.
34 (b) Transcripts filed with the clerk.
35 (c) Documentary exhibits in the custody of the clerk.
36 (d) Electronic records, video recordings, and stenographic
37 tapes of depositions or other proceedings filed with the clerk.
38 (e) Electronic records, video recordings, and stenographic
39 tapes of court proceedings.
40 (2) For examining, comparing, correcting, verifying, and
41 certifying transcripts of record in appellate proceedings,
42 prepared by attorney for appellant or someone else other than
43 clerk, per page: 5.00, from which the clerk shall remit 0.50 per
44 page to the Department of Revenue for deposit into the General
45 Revenue Fund.
46 (3)(2) For preparing, numbering, and indexing an original
47 record of appellate proceedings, per instrument: 3.50, from
48 which the clerk shall remit 0.50 per instrument to the
49 Department of Revenue for deposit into the General Revenue Fund.
50 (4)(a)(3) For certifying copies of any instrument that is a
51 court record in the public records: 2.00, from which the clerk
52 shall remit 0.50 to the Department of Revenue for deposit into
53 the General Revenue Fund.
54 (b) For certifying copies of any instrument that is not a
55 court record in the public records, per page: 2.00.
56 (5)(a)(4) For verifying any instrument presented for
57 certification prepared by someone other than clerk, per page:
58 3.50, from which the clerk shall remit 0.50 per page to the
59 Department of Revenue for deposit into the General Revenue Fund.
60 (b) For verifying any instrument that is not a court record
61 presented for certification prepared by someone other than the
62 clerk, per page: 3.50.
63 (6)(a)(5)(a) For making copies by photographic process of
64 any instrument in the public records consisting of pages of not
65 more than 14 inches by 8 1/2 inches, per page:.............1.00.
66 (b) For making copies by photographic process of any
67 instrument in the public records of more than 14 inches by 8 1/2
68 inches, per page:..........................................5.00.
69 (7)(6) For making microfilm copies of any public records:
70 (a) That are court records:
71 1. 16 mm 100′ microfilm roll: 42.00, from which the clerk
72 shall remit 4.50 to the Department of Revenue for deposit into
73 the General Revenue Fund.
74 2.(b) 35 mm 100′ microfilm roll: 60.00, from which the
75 clerk shall remit 7.50 to the Department of Revenue for deposit
76 into the General Revenue Fund.
77 3.(c) Microfiche, per fiche: 3.50, from which the clerk
78 shall remit 0.50 to the Department of Revenue for deposit into
79 the General Revenue Fund.
80 (b) That are not court records:
81 1. 16 mm 100’ microfilm roll: 42.00.
82 2. 35 mm 100’ microfilm roll: 60.00.
83 3. Microfiche, per fiche: 3.50.
84 (8)(7) For copying any instrument in the public records by
85 other than photographic process, per page:.................6.00.
86 (9)(a)(8) For writing any paper that is a court record
87 other than a paper otherwise herein specifically mentioned in
88 this section, same as for copying, including signing and
89 sealing: 7.00, from which the clerk shall remit 1.00 to the
90 Department of Revenue for deposit into the General Revenue Fund.
91 (b) For writing any paper that is not a court record other
92 than a paper otherwise specifically mentioned in this section,
93 including signing and sealing: 7.00.
94 (10)(9) For indexing each entry not recorded:.......1.00.
95 (11)(10) For receiving money into the registry of court:
96 (a)1. First $500: 3, percent............................3
97 2. Each subsequent $100: 1.5, percent.................1.5
98 (b) Eminent domain actions, per deposit: 170.00, from which
99 the clerk shall remit 20.00 per deposit to the Department of
100 Revenue for deposit into the General Revenue Fund.
101 (12)(11) For examining, certifying, and recording plats and
102 for recording condominium exhibits larger than 14 inches by 8
103 1/2 inches:
104 (a) First page:....................................30.00.
105 (b) Each additional page:..........................15.00.
106 (13)(12) For recording, indexing, and filing any instrument
107 not more than 14 inches by 8 1/2 inches, including required
108 notice to property appraiser where applicable:
109 (a) First page or fraction thereof:.................5.00.
110 (b) Each additional page or fraction thereof:.......4.00.
111 (c) For indexing instruments recorded in the official
112 records which contain more than four names, per additional
113 name:......................................................1.00.
114 (d) An additional service charge must be paid to the clerk
115 of the circuit court to be deposited in the Public Records
116 Modernization Trust Fund for each instrument listed in s.
117 28.222, except judgments received from the courts and notices of
118 lis pendens, recorded in the official records:
119 1. First page:......................................1.00.
120 2. Each additional page:............................0.50.
121
122 Said fund must be held in trust by the clerk and used
123 exclusively for equipment and maintenance of equipment,
124 personnel training, and technical assistance in modernizing the
125 public records system of the office. In a county where the duty
126 of maintaining official records exists in an office other than
127 the office of the clerk of the circuit court, the clerk of the
128 circuit court is entitled to 25 percent of the moneys deposited
129 into the trust fund for equipment, maintenance of equipment,
130 training, and technical assistance in modernizing the system for
131 storing records in the office of the clerk of the circuit court.
132 The fund may not be used for the payment of travel expenses,
133 membership dues, bank charges, staff-recruitment costs, salaries
134 or benefits of employees, construction costs, general operating
135 expenses, or other costs not directly related to obtaining and
136 maintaining equipment for public records systems or for the
137 purchase of furniture or office supplies and equipment not
138 related to the storage of records. On or before December 1,
139 1995, and on or before December 1 of each year immediately
140 preceding each year during which the trust fund is scheduled for
141 legislative review under s. 19(f)(2), Art. III of the State
142 Constitution, each clerk of the circuit court shall file a
143 report on the Public Records Modernization Trust Fund with the
144 President of the Senate and the Speaker of the House of
145 Representatives. The report must itemize each expenditure made
146 from the trust fund since the last report was filed; each
147 obligation payable from the trust fund on that date; and the
148 percentage of funds expended for each of the following:
149 equipment, maintenance of equipment, personnel training, and
150 technical assistance. The report must indicate the nature of the
151 system each clerk uses to store, maintain, and retrieve public
152 records and the degree to which the system has been upgraded
153 since the creation of the trust fund.
154 (e) An additional service charge of $4 per page shall be
155 paid to the clerk of the circuit court for each instrument
156 listed in s. 28.222, except judgments received from the courts
157 and notices of lis pendens, recorded in the official records.
158 From the additional $4 service charge collected:
159 1. If the counties maintain legal responsibility for the
160 costs of the court-related technology needs as defined in s.
161 29.008(1)(f)2. and (h), 10 cents shall be distributed to the
162 Florida Association of Court Clerks and Comptrollers, Inc., for
163 the cost of development, implementation, operation, and
164 maintenance of the clerks’ Comprehensive Case Information
165 System; $1.90 shall be retained by the clerk to be deposited in
166 the Public Records Modernization Trust Fund and used exclusively
167 for funding court-related technology needs of the clerk as
168 defined in s. 29.008(1)(f)2. and (h); and $2 shall be
169 distributed to the board of county commissioners to be used
170 exclusively to fund court-related technology, and court
171 technology needs as defined in s. 29.008(1)(f)2. and (h) for the
172 state trial courts, state attorney, public defender, and
173 criminal conflict and civil regional counsel in that county. If
174 the counties maintain legal responsibility for the costs of the
175 court-related technology needs as defined in s. 29.008(1)(f)2.
176 and (h), notwithstanding any other provision of law, the county
177 is not required to provide additional funding beyond that
178 provided in this section herein for the court-related technology
179 needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
180 court records and official records are the property of the State
181 of Florida, including any records generated as part of the
182 Comprehensive Case Information System funded pursuant to this
183 paragraph and the clerk of court is designated as the custodian
184 of such records, except in a county where the duty of
185 maintaining official records exists in a county office other
186 than the clerk of court or comptroller, such county office is
187 designated the custodian of all official records, and the clerk
188 of court is designated the custodian of all court records. The
189 clerk of court or any entity acting on behalf of the clerk of
190 court, including an association, may not charge a fee to any
191 agency as defined in s. 119.011, the Legislature, or the State
192 Court System for copies of records generated by the
193 Comprehensive Case Information System or held by the clerk of
194 court or any entity acting on behalf of the clerk of court,
195 including an association.
196 2. If the state becomes legally responsible for the costs
197 of court-related technology needs as defined in s.
198 29.008(1)(f)2. and (h), whether by operation of general law or
199 by court order, $4 shall be remitted to the Department of
200 Revenue for deposit into the General Revenue Fund.
201 (14)(a)(13) Oath, administering, attesting, and sealing of
202 court records, not otherwise provided for in this section
203 herein: 3.50, from which the clerk shall remit 0.50 to the
204 Department of Revenue for deposit into the General Revenue Fund.
205 (b) Oath, administering, attesting, and sealing of records
206 that are not court records not otherwise provided for in this
207 section: 3.50.
208 (15)(a)(14) For validating certificates or, any authorized
209 bonds that are court records, each: 3.50, from which the clerk
210 shall remit 0.50 each to the Department of Revenue for deposit
211 into the General Revenue Fund.
212 (b) For validating certificates or any authorized bonds
213 that are not court records, each: 3.50.
214 (16)(15) For preparing affidavit of domicile:.......5.00.
215 (17)(16) For exemplified certificates, including the
216 signing and sealing of them: 7.00, from which the clerk shall
217 remit 1.00 to the Department of Revenue for deposit into the
218 General Revenue Fund.
219 (18)(a)(17) For authenticated certificates that are court
220 records, including the signing and sealing of them: 7.00, from
221 which the clerk shall remit 1.00 to the Department of Revenue
222 for deposit into the General Revenue Fund.
223 (b) For authenticated certificates that are not court
224 records, including the signing and sealing of them: 7.00.
225 (19)(a)(18)(a) For issuing and filing a subpoena for a
226 witness, not otherwise provided for in this section, including
227 the herein (includes writing, preparing, signing, and sealing of
228 it): 7.00, from which the clerk shall remit 1.00 to the
229 Department of Revenue for deposit into the General Revenue Fund.
230 (b) For signing and sealing only: 2.00, from which the
231 clerk shall remit 0.50 to the Department of Revenue for deposit
232 into the General Revenue Fund.
233 (20)(a)(19) For approving a court bond: 8.50, from which
234 the clerk shall remit 1.00 to the Department of Revenue for
235 deposit into the General Revenue Fund.
236 (b) For approving a bond: 8.50.
237 (21)(a)(20) For searching court of records, for each year’s
238 search: 2.00, from which the clerk shall remit 0.50 for each
239 year’s search to the Department of Revenue for deposit into the
240 General Revenue Fund.
241 (b) For searching records that are not court records, for
242 each year’s search: 2.00.
243 (22)(21) For processing an application for a tax deed sale
244 (includes application, sale, issuance, and preparation of tax
245 deed, and disbursement of proceeds of sale), other than excess
246 proceeds:.................................................60.00.
247 (23)(22) For disbursement of excess proceeds of tax deed
248 sale, first $100 or fraction thereof:.....................10.00.
249 (24)(23) Upon receipt of an application for a marriage
250 license, for preparing and administering of oath; issuing,
251 sealing, and recording of the marriage license; and providing a
252 certified copy:...........................................30.00.
253 (25)(24) For solemnizing matrimony:................30.00.
254 (26)(25) For sealing any court file or expungement of any
255 record: 42.00, from which the clerk shall remit 4.50 to the
256 Department of Revenue for deposit into the General Revenue Fund.
257 (27)(a)(26)(a) For receiving and disbursing all restitution
258 payments, per payment: 3.50, from which the clerk shall remit
259 0.50 per payment to the Department of Revenue for deposit into
260 the General Revenue Fund.
261 (b) For receiving and disbursing all partial payments,
262 other than restitution payments, for which an administrative
263 processing service charge is not imposed pursuant to s. 28.246,
264 per month:.................................................5.00.
265 (c) For setting up a payment plan, a one-time
266 administrative processing charge in lieu of a per month charge
267 under paragraph (b):......................................25.00.
268 (28)(27) Postal charges incurred by the clerk of the
269 circuit court in any mailing by certified or registered mail
270 must be paid by the party at whose instance the mailing is made.
271 (29)(28) For furnishing an electronic copy of information
272 contained in a computer database: a fee as provided for in
273 chapter 119.
274 Section 3. Effective July 1, 2021, subsection (2) of
275 section 28.241, Florida Statutes, is amended to read:
276 28.241 Filing fees for trial and appellate proceedings.—
277 (2) Upon the institution of any appellate proceeding from
278 any lower court to the circuit court of any such county,
279 including appeals filed by a county or municipality as provided
280 in s. 34.041(5), or from the county or circuit court to an
281 appellate court of the state, the clerk shall charge and collect
282 from the party or parties instituting such appellate proceedings
283 a filing fee, as follows: not to exceed $280, from which the
284 clerk shall remit $20 to the Department of Revenue for deposit
285 into the General Revenue Fund,
286 (a) For filing a notice of appeal from the county court to
287 the circuit court, a filing fee not to exceed $280. and, in
288 addition to the filing fee required under s. 25.241 or s. 35.22,
289 $100
290 (b) For filing a notice of appeal from the county or
291 circuit court to the district court of appeal or to the Supreme
292 Court, in addition to the filing fee required under s. 25.241 or
293 s. 35.22, a filing fee not to exceed $100, of which the clerk
294 shall remit $20 to the Department of Revenue for deposit into
295 the General Revenue Fund. If the party is determined to be
296 indigent, the clerk shall defer payment of the fee otherwise
297 required by this subsection.
298 Section 4. Subsection (4) of section 28.246, Florida
299 Statutes, is amended to read:
300 28.246 Payment of court-related fines or other monetary
301 penalties, fees, charges, and costs; partial payments;
302 distribution of funds.—
303 (4)(a) Each The clerk of the circuit court shall accept
304 partial payments for each case type for court-related fees,
305 service charges, court costs, and fines in accordance with the
306 terms of an established payment plan developed by the clerk.
307 (b) An individual seeking to defer payment of fees, service
308 charges, court costs, or fines imposed by operation of law or
309 order of the court under any provision of general law shall
310 apply to the clerk for enrollment in a payment plan. The clerk
311 shall enter into a payment plan with an individual who the court
312 determines is indigent for costs. It is the responsibility of an
313 individual who is released from incarceration and has
314 outstanding court obligations to contact the clerk within 30
315 days after release to pay fees, service charges, court costs,
316 and fines in full, or to apply for enrollment in a payment plan.
317 A monthly payment amount, calculated based upon all fees and all
318 anticipated fees, service charges, court costs, and fines, is
319 presumed to correspond to the person’s ability to pay if the
320 amount does not exceed 2 percent of the person’s annual net
321 income, as defined in s. 27.52(1), divided by 12. The clerk
322 shall establish all terms of a payment plan, and the court may
323 review the reasonableness of the payment plan.
324 Section 5. Effective upon this act becoming a law,
325 paragraph (f) of subsection (2) and paragraph (a) of subsection
326 (3) of section 28.35, Florida Statutes, are amended to read:
327 28.35 Florida Clerks of Court Operations Corporation.—
328 (2) The duties of the corporation shall include the
329 following:
330 (f) Approving the proposed budgets submitted by clerks of
331 the court pursuant to s. 28.36. The corporation must ensure that
332 the total combined budgets of the clerks of the court do not
333 exceed the total estimated revenues from fees, service charges,
334 court costs, and fines for court-related functions available for
335 court-related expenditures as determined by the most recent
336 Revenue Estimating Conference, plus the total of unspent
337 budgeted funds for court-related functions carried forward by
338 the clerks of the court from the previous county fiscal year,
339 and plus the balance of funds remaining in the Clerks of the
340 Court Trust Fund after the transfer of funds to the General
341 Revenue Fund required pursuant to s. 28.37(4)(b), and plus any
342 appropriations for court-related functions s. 28.37(3)(b). The
343 corporation may amend any individual clerk of the court budget
344 to ensure compliance with this paragraph and must consider
345 performance measures, workload performance standards, workload
346 measures, and expense data before modifying the budget. As part
347 of this process, the corporation shall:
348 1. Calculate the minimum amount of revenue necessary for
349 each clerk of the court to efficiently perform the list of
350 court-related functions specified in paragraph (3)(a). The
351 corporation shall apply the workload measures appropriate for
352 determining the individual level of review required to fund the
353 clerk’s budget.
354 2. Prepare a cost comparison of similarly situated clerks
355 of the court, based on county population and numbers of filings,
356 using the standard list of court-related functions specified in
357 paragraph (3)(a).
358 3. Conduct an annual base budget review and an annual
359 budget exercise examining the total budget of each clerk of the
360 court. The review shall examine revenues from all sources,
361 expenses of court-related functions, and expenses of noncourt
362 related functions as necessary to determine that court-related
363 revenues are not being used for noncourt-related purposes. The
364 review and exercise shall identify potential targeted budget
365 reductions in the percentage amount provided in Schedule VIII-B
366 of the state’s previous year’s legislative budget instructions,
367 as referenced in s. 216.023(3), or an equivalent schedule or
368 instruction as may be adopted by the Legislature.
369 4. Identify those proposed budgets containing funding for
370 items not included on the standard list of court-related
371 functions specified in paragraph (3)(a).
372 5. Identify those clerks projected to have court-related
373 revenues insufficient to fund their anticipated court-related
374 expenditures.
375 6. Use revenue estimates based on the official estimate for
376 funds from fees, service charges, court costs, and fines for
377 court-related functions accruing to the clerks of the court made
378 by the Revenue Estimating Conference, as well as any unspent
379 budgeted funds for court-related functions carried forward by
380 the clerks of the court from the previous county fiscal year and
381 the balance of funds remaining in the Clerks of the Court Trust
382 Fund after the transfer of funds to the General Revenue Fund
383 required pursuant to s. 28.37(4)(b), plus any appropriations for
384 the purpose of funding court-related functions s. 28.37(3)(b).
385 7. Identify pay and benefit increases in any proposed clerk
386 budget, including, but not limited to, cost of living increases,
387 merit increases, and bonuses.
388 8. Identify increases in anticipated expenditures in any
389 clerk budget that exceeds the current year budget by more than 3
390 percent.
391 9. Identify the budget of any clerk which exceeds the
392 average budget of similarly situated clerks by more than 10
393 percent.
394
395 For the purposes of this paragraph, the term “unspent budgeted
396 funds for court-related functions” means undisbursed funds
397 included in the clerks of the courts budgets for court-related
398 functions established pursuant to this section and s. 28.36.
399 (3)(a) The list of court-related functions that clerks may
400 fund from filing fees, service charges, court costs, and fines
401 is limited to those functions expressly authorized by law or
402 court rule. Those functions include the following: case
403 maintenance; records management; court preparation and
404 attendance; processing the assignment, reopening, and
405 reassignment of cases; processing of appeals; collection and
406 distribution of fines, fees, service charges, and court costs;
407 processing of bond forfeiture payments; data collection and
408 reporting; determinations of indigent status; and paying
409 reasonable administrative support costs to enable the clerk of
410 the court to carry out these court-related functions.
411 Section 6. Effective upon this act becoming a law, present
412 subsections (3) and (4) of section 28.36, Florida Statutes, are
413 redesignated as subsections (4) and (5), respectively, a new
414 subsection (3) is added to that section, and subsection (1),
415 paragraph (b) of subsection (2), and present subsection (4) of
416 that section are amended, to read:
417 28.36 Budget procedure.—There is established a budget
418 procedure for the court-related functions of the clerks of the
419 court.
420 (1) Only those functions listed in s. 28.35(3)(a) may be
421 funded from fees, service charges, court costs, and fines
422 retained by the clerks of the court.
423 (2) Each proposed budget shall further conform to the
424 following requirements:
425 (b) The proposed budget must be balanced such that the
426 total of the estimated revenues available equals or exceeds the
427 total of the anticipated expenditures. Such revenues include
428 revenue projected to be received from fees, service charges,
429 court costs, and fines for court-related functions during the
430 fiscal period covered by the budget, plus the total of unspent
431 budgeted funds for court-related functions carried forward by
432 the clerk of the court from the previous county fiscal year and
433 plus the portion of the balance of funds remaining in the Clerks
434 of the Court Trust Fund after the transfer of funds to the
435 General Revenue Fund required pursuant to s. 28.37(4)(b) s.
436 28.37(3)(b) which has been allocated to each respective clerk of
437 the court by the Florida Clerks of Court Operations Corporation.
438 For the purposes of this paragraph, the term “unspent budgeted
439 funds for court-related functions” means undisbursed funds
440 included in the clerk of the courts’ budget for court related
441 functions established pursuant to s. 28.35 and this section. The
442 anticipated expenditures must be itemized as required by the
443 corporation.
444 (3)(a) The Florida Clerks of Court Operations Corporation
445 shall establish and manage a reserve for contingencies within
446 the Clerks of the Court Trust Fund which must consist of an
447 amount not to exceed 16 percent of the total budget authority
448 for the clerks of court during the current county fiscal year,
449 to be carried forward at the end of the fiscal year. Funds to be
450 held in reserve include transfers of cumulative excess, as
451 provided in s. 28.37(4)(b), from the Clerks of the Court Trust
452 Fund and may also include revenues provided by law or moneys
453 appropriated by the Legislature.
454 (b) The corporation shall provide a reporting of the
455 balance and use of these funds during each county fiscal year as
456 part of the corporation’s annual report submitted under s.
457 28.35(2)(h).
458 (c) The corporation may use the reserve to ensure the
459 clerks of court can perform the court-related functions as
460 provided in s. 28.35(3)(a). Moneys in the Clerks of the Court
461 Trust Fund which are held in reserve may be used by the
462 corporation under the following circumstances:
463 1. To offset a current deficit between the revenue
464 available and the original budget authority. A deficit is deemed
465 to occur when the revenue available to the clerks of court falls
466 below the original revenue projection for that county fiscal
467 year.
468 2. To provide funding for an emergency, as defined in s.
469 252.34(4). The emergency must have been declared by the
470 Governor, pursuant to s. 252.36, or otherwise declared by law.
471 3. To provide funds in the development of the total
472 aggregate budget of the clerks of court to ensure that a minimum
473 continuation budget is met. For purposes of this subparagraph, a
474 minimum continuation budget is the budget approved for the
475 current county fiscal year or some lesser amount adopted by the
476 corporation.
477 (d) To use the reserve, the corporation must request a
478 budget amendment pursuant to s. 216.292.
479 (5)(4) The corporation may approve increases or decreases
480 to the previously authorized budgets approved for individual
481 clerks of the court pursuant to s. 28.35 for court-related
482 functions, if:
483 (a) The additional budget authority is necessary to pay the
484 cost of performing new or additional functions required by
485 changes in law or court rule; or
486 (b) The additional budget authority is necessary to pay the
487 cost of supporting increases in the number of judges or
488 magistrates authorized by the Legislature or increases in the
489 use of hearing officers and senior judges assigned by the
490 courts.
491 Section 7. Effective upon this act becoming a law, section
492 28.37, Florida Statutes, is amended to read:
493 28.37 Fines, fees, service charges, and costs remitted to
494 the state.—
495 (1) Pursuant to s. 14(b), Art. V of the State Constitution,
496 selected salaries, costs, and expenses of the state courts
497 system and court-related functions shall be funded from a
498 portion of the revenues derived from statutory fines, fees,
499 service charges, and court costs collected by the clerks of the
500 court and from adequate and appropriate supplemental funding
501 from state revenues as appropriated by the Legislature.
502 (2) As used in this section, the term:
503 (a) “Cumulative excess” means revenues derived from fines,
504 fees, service charges, and court costs collected by the clerks
505 of the court which are greater than the original revenue
506 projection.
507 (b) “Original revenue projection” means the official
508 estimate, as determined by the Revenue Estimating Conference, of
509 revenues from fines, fees, service charges, and court costs
510 available for court-related functions for the county fiscal year
511 covered by the projection.
512 (3) The Beginning November 1, 2013, that portion of all
513 fines, fees, service charges, and costs collected by the clerks
514 of the court for the previous month which is in excess of one
515 twelfth of the clerks’ total budget for the performance of
516 court-related functions must shall be remitted to the Department
517 of Revenue for deposit into the Clerks of the Court Trust Fund.
518 Such collections do not include funding received for the
519 operation of the Title IV-D child support collections and
520 disbursement program. The clerk of the court shall remit the
521 revenues collected during the previous month due to the state on
522 or before the 10th day of each month.
523 (4)(a)(3)(a) Each year, no later than January 25, for the
524 previous county fiscal year, the clerks of court, in
525 consultation with the Florida Clerks of Court Operations
526 Corporation, shall remit to the Department of Revenue for
527 deposit in the Clerks of the Court Trust Fund the cumulative
528 excess of all fines, fees, service charges, and court costs
529 retained by the clerks of the court, plus any funds received by
530 the clerks of the court from the Clerks of the Court Trust Fund
531 under s. 28.36(4) s. 28.36(3), which exceed the amount needed to
532 meet their authorized budget amounts established under s. 28.35.
533 (b) No later than February 1, 2022, and each February 1
534 thereafter, the Department of Revenue shall transfer 50 percent
535 of the cumulative excess of the original revenue projection from
536 the Clerks of the Court Trust Fund to the General Revenue Fund.
537 The remaining 50 percent in the Clerks of the Court Trust Fund
538 may be used in the development of the total combined budgets of
539 the clerks of the court as provided in s. 28.35(2)(f)6. However,
540 a minimum of 10 percent of the clerk-retained portion of the
541 cumulative excess amount must be held in reserve until such
542 funds reach an amount equal to at least 16 percent of the total
543 budget authority from the current county fiscal year, as
544 provided in s. 28.36(3)(a)
545 1. No later than February 1, 2020, the Department of
546 Revenue shall transfer from the Clerks of the Court Trust Fund
547 to the General Revenue Fund the sum of the cumulative excess of
548 all fines, fees, service charges, and costs submitted by the
549 clerks of court pursuant to subsection (2) and the cumulative
550 excess of all fines, fees, service charges, and costs remitted
551 by the clerks of court pursuant to paragraph (a) in excess of
552 $10 million.
553 2. No later than February 1, 2021, the Department of
554 Revenue shall transfer from the Clerks of the Court Trust Fund
555 to the General Revenue Fund not less than 50 percent of the sum
556 of the cumulative excess of all fines, fees, service charges,
557 and costs submitted by the clerks of court pursuant to
558 subsection (2) and the cumulative excess of all fines, fees,
559 service charges, and costs remitted by the clerks of court
560 pursuant to paragraph (a); provided however, the balance
561 remaining in the Clerks of Courts Trust Fund after such transfer
562 may not be more than $20 million.
563 3. No later than February 1, 2022, the Department of
564 Revenue shall transfer from the Clerks of the Court Trust Fund
565 to the General Revenue Fund not less than 50 percent of the sum
566 of the cumulative excess of all fines, fees, service charges,
567 and costs submitted by the clerks of court pursuant to
568 subsection (2) and the cumulative excess of all fines, fees,
569 service charges, and costs remitted by the clerks of court
570 pursuant to paragraph (a); provided however, the balance
571 remaining in the Clerks of Courts Trust Fund after such transfer
572 may not be more than $20 million.
573 4. No later than February 1, 2023, and each February 1
574 thereafter, the Department of Revenue shall transfer from the
575 Clerks of the Court Trust Fund to the General Revenue Fund the
576 cumulative excess of all fines, fees, service charges, and costs
577 submitted by the clerks of court pursuant to subsection (2) and
578 the cumulative excess of all fines, fees, service charges, and
579 costs remitted by the clerks of court pursuant to paragraph (a).
580 (5)(4) The Department of Revenue shall collect any funds
581 that the Florida Clerks of Court Operations Corporation
582 determines upon investigation were due but not remitted to the
583 Department of Revenue. The corporation shall notify the clerk of
584 the court and the Department of Revenue of the amount due to the
585 Department of Revenue. The clerk of the court shall remit the
586 amount due no later than the 10th day of the month following the
587 month in which notice is provided by the corporation to the
588 clerk of the court.
589 (6)(5) Ten percent of all court-related fines collected by
590 the clerk, except for penalties or fines distributed to counties
591 or municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
592 must shall be deposited into the fine and forfeiture fund to be
593 used exclusively for clerk court-related functions, as provided
594 in s. 28.35(3)(a).
595 Section 8. Section 28.42, Florida Statutes, is amended to
596 read:
597 28.42 Manual of filing fees, charges, costs, and fines;
598 payment plan form.—
599 (1) The clerks of court, through their association and in
600 consultation with the Office of the State Courts Administrator,
601 shall prepare and disseminate a manual of filing fees, service
602 charges, costs, and fines imposed pursuant to state law, for
603 each type of action and offense, and classified as mandatory or
604 discretionary. The manual also shall classify the fee, charge,
605 cost, or fine as court-related revenue or noncourt-related
606 revenue. The clerks, through their association, shall
607 disseminate this manual to the chief judge, state attorney,
608 public defender, and court administrator in each circuit and to
609 the clerk of the court in each county. The clerks, through their
610 association and in consultation with the Office of the State
611 Courts Administrator, shall at a minimum update and disseminate
612 this manual on July 1 of each year.
613 (2) By October 1, 2021, the clerks of court, through the
614 Florida Clerks of Court Operations Corporation, shall develop a
615 uniform payment plan form for use by persons seeking to
616 establish a payment plan in accordance with s. 28.246(4). The
617 form must inform the person of the minimum payment due each
618 month, the term of the plan, acceptable payment methods, and the
619 circumstances under which a case may be sent to collections for
620 nonpayment.
621 (3) By January 1, 2022, each clerk of court shall use the
622 uniform payment plan form developed pursuant to subsection (2)
623 when establishing payment plans.
624 Section 9. Effective July 1, 2021, subsection (5) of
625 section 40.29, Florida Statutes, is amended to read:
626 40.29 Payment of due-process costs.—
627 (5) The Justice Administrative Commission shall reimburse
628 provide funds to the clerks of the court to compensate jurors,
629 to pay for meals or lodging provided to jurors, and to pay for
630 jury-related personnel costs as provided in this section. Each
631 clerk of the court must submit a request for reimbursement shall
632 forward to the Florida Clerks of Court Operations Corporation
633 within 20 days after each quarter attesting to the clerk’s
634 actual costs Justice Administrative Commission a quarterly
635 estimate of funds necessary to compensate jurors, to and pay for
636 meals or lodging provided to jurors, and to pay for jury-related
637 personnel costs during the upcoming quarter. The Florida Clerks
638 of Court Operations Corporation must review the request for
639 reimbursement to ensure that the costs are reasonably and
640 directly related to jury management. The Florida Clerks of Court
641 Operations Corporation must shall forward to the Justice
642 Administrative Commission a quarterly estimate of the amount
643 necessary to reimburse each clerk of the court for its personnel
644 and other costs related to jury management unless the total
645 request for reimbursement by the clerks exceeds the quarterly
646 funds available to the Justice Administrative Commission, in
647 which case the Florida Clerks of Court Operations Corporation
648 shall adjust the cumulative total to match the available funds
649 before submitting the request to the Justice Administrative
650 Commission. Upon receipt of each request for reimbursement such
651 estimates, the Justice Administrative Commission must review
652 shall determine the amount deemed necessary for payment to the
653 clerks of the court for the most recently completed during the
654 upcoming quarter, determine if the total payment amount is
655 available, and submit a request for payment to the Chief
656 Financial Officer. If the Justice Administrative Commission
657 believes that the amount appropriated by the Legislature is
658 insufficient to meet such costs during the remaining part of the
659 state fiscal year, the commission may apportion the funds
660 appropriated in the General Appropriations Act for those
661 purposes among the several counties, basing the apportionment
662 upon the amount expended for such purposes in each county during
663 the prior fiscal year, in which case, the Chief Financial
664 Officer shall issue the appropriate apportioned amount by
665 warrant to each county. The clerks of the court are responsible
666 for any compensation to jurors, for payments for meals or
667 lodging provided to jurors, and for jury-related personnel costs
668 that exceed the funding provided in the General Appropriations
669 Act for these purposes.
670 Section 10. Paragraph (a) of subsection (1) of section
671 318.15, Florida Statutes, is amended to read:
672 318.15 Failure to comply with civil penalty or to appear;
673 penalty.—
674 (1)(a) If a person fails to comply with the civil penalties
675 provided in s. 318.18 within the time period specified in s.
676 318.14(4), fails to enter into or comply with the terms of a
677 penalty payment plan with the clerk of the court in accordance
678 with ss. 318.14 and 28.246, fails to attend driver improvement
679 school, or fails to appear at a scheduled hearing, the clerk of
680 the court must shall notify the Department of Highway Safety and
681 Motor Vehicles of such failure within 10 days after such
682 failure. Upon receipt of such notice, the department must shall
683 immediately issue an order suspending the driver license and
684 privilege to drive of such person effective 20 days after the
685 date the order of suspension is mailed in accordance with s.
686 322.251(1), (2), and (6). The order also must inform the person
687 that he or she may contact the clerk of the court to establish a
688 payment plan pursuant to s. 28.246(4) to make partial payments
689 for court-related fines, fees, service charges, and court costs.
690 Any such suspension of the driving privilege which has not been
691 reinstated, including a similar suspension imposed outside of
692 this state Florida, must shall remain on the records of the
693 department for a period of 7 years from the date imposed and
694 must shall be removed from the records after the expiration of 7
695 years from the date it is imposed. The department may not accept
696 the resubmission of such suspension.
697 Section 11. Section 318.20, Florida Statutes, is amended to
698 read:
699 318.20 Notification; duties of department.—The department
700 shall prepare a notification form to be appended to, or
701 incorporated as a part of, the Florida uniform traffic citation
702 issued in accordance with s. 316.650. The notification form must
703 shall contain language informing persons charged with
704 infractions to which this chapter applies of the procedures
705 available to them under this chapter. Such notification form
706 must shall contain a statement that, if the official determines
707 that no infraction has been committed, no costs or penalties may
708 shall be imposed and any costs or penalties that which have been
709 paid will shall be returned. Additionally, the notification form
710 must include information on paying the civil penalty to the
711 clerk of the court and the ability to establish a payment plan
712 pursuant to s. 28.246(4). A uniform traffic citation that is
713 produced electronically must also include the information
714 required by this section.
715 Section 12. Subsections (1) and (3) and paragraph (a) of
716 subsection (5) of section 322.245, Florida Statutes, are amended
717 to read:
718 322.245 Suspension of license upon failure of person
719 charged with specified offense under chapter 316, chapter 320,
720 or this chapter to comply with directives ordered by traffic
721 court or upon failure to pay child support in non-IV-D cases as
722 provided in chapter 61 or failure to pay any financial
723 obligation in any other criminal case.—
724 (1) If a person charged with a violation of any of the
725 criminal offenses enumerated in s. 318.17 or with the commission
726 of any offense constituting a misdemeanor under chapter 320 or
727 this chapter fails to comply with all of the directives of the
728 court within the time allotted by the court, the clerk of the
729 traffic court must provide shall mail to the person, either
730 electronically or by mail sent to at the address specified on
731 the uniform traffic citation, a notice of such failure,
732 notifying him or her that, if he or she does not comply with the
733 directives of the court within 30 days after the date of the
734 notice and pay a delinquency fee of up to $25 to the clerk, from
735 which the clerk shall remit $10 to the Department of Revenue for
736 deposit into the General Revenue Fund, his or her driver license
737 will be suspended. The notice must shall be sent mailed no later
738 than 5 days after such failure. The delinquency fee may be
739 retained by the office of the clerk to defray the operating
740 costs of the office.
741 (3) If the person fails to comply with the directives of
742 the court within the 30-day period, or, in non-IV-D cases, fails
743 to comply with the requirements of s. 61.13016 within the period
744 specified in that statute, the depository or the clerk of the
745 court must shall electronically notify the department of such
746 failure within 10 days. Upon electronic receipt of the notice,
747 the department shall immediately issue an order suspending the
748 person’s driver license and privilege to drive effective 20 days
749 after the date the order of suspension is mailed in accordance
750 with s. 322.251(1), (2), and (6). The order of suspension must
751 also contain information specifying that the person may contact
752 the clerk of the court to establish a payment plan pursuant to
753 s. 28.246(4) to make partial payments for fines, fees, service
754 charges, and court costs.
755 (5)(a) When the department receives notice from a clerk of
756 the court that a person licensed to operate a motor vehicle in
757 this state under the provisions of this chapter has failed to
758 pay financial obligations for any criminal offense other than
759 those specified in subsection (1), in full or in part under a
760 payment plan pursuant to s. 28.246(4), the department must shall
761 suspend the license of the person named in the notice. The
762 department shall mail an order of suspension in accordance with
763 s. 322.251(1), (2), and (6), which must also contain information
764 specifying that the person may contact the clerk of the court to
765 establish a payment plan pursuant to s. 28.246(4) to make
766 partial payments for fines, fees, service charges, and court
767 costs.
768 Section 13. Present subsection (3) of section 775.083,
769 Florida Statutes, is redesignated as subsection (4), and a new
770 subsection (3) is added to that section, to read:
771 775.083 Fines.—
772 (3) The clerk of the court of each county is the entity
773 responsible for collecting payment of fines, fees, service
774 charges, and court costs. Unless otherwise designated by the
775 court, a person who has been ordered to pay court obligations
776 under this section shall immediately contact the clerk to pay
777 fines, fees, service charges, and court costs in full or to
778 apply for enrollment in a payment plan pursuant to s. 28.246(4).
779 Section 14. Effective July 1, 2021, paragraph (i) of
780 subsection (5) of section 27.52, Florida Statutes, is amended to
781 read:
782 27.52 Determination of indigent status.—
783 (5) INDIGENT FOR COSTS.—A person who is eligible to be
784 represented by a public defender under s. 27.51 but who is
785 represented by private counsel not appointed by the court for a
786 reasonable fee as approved by the court or on a pro bono basis,
787 or who is proceeding pro se, may move the court for a
788 determination that he or she is indigent for costs and eligible
789 for the provision of due process services, as prescribed by ss.
790 29.006 and 29.007, funded by the state.
791 (i) A defendant who is found guilty of a criminal act by a
792 court or jury or enters a plea of guilty or nolo contendere and
793 who received due process services after being found indigent for
794 costs under this subsection is liable for payment of due process
795 costs expended by the state.
796 1. The attorney representing the defendant, or the
797 defendant if he or she is proceeding pro se, shall provide an
798 accounting to the court delineating all costs paid or to be paid
799 by the state within 90 days after disposition of the case
800 notwithstanding any appeals.
801 2. The court shall issue an order determining the amount of
802 all costs paid by the state and any costs for which prepayment
803 was waived under this section or s. 57.081. The clerk shall
804 cause a certified copy of the order to be recorded in the
805 official records of the county, at no cost. The recording
806 constitutes a lien against the person in favor of the state in
807 the county in which the order is recorded. The lien may be
808 enforced in the same manner prescribed in s. 938.29.
809 3. If the attorney or the pro se defendant fails to provide
810 a complete accounting of costs expended by the state and
811 consequently costs are omitted from the lien, the attorney or
812 pro se defendant may not receive reimbursement or any other form
813 of direct or indirect payment for those costs if the state has
814 not paid the costs. The attorney or pro se defendant shall repay
815 the state for those costs if the state has already paid the
816 costs. The clerk of the court may establish a payment plan under
817 s. 28.246 and may charge the attorney or pro se defendant a one
818 time administrative processing charge under s. 28.24(27)(c) s.
819 28.24(26)(c).
820 Section 15. Effective July 1, 2021, section 28.22205,
821 Florida Statutes, is amended to read:
822 28.22205 Electronic filing process.—Each clerk of court
823 shall implement an electronic filing process. The purpose of the
824 electronic filing process is to reduce judicial costs in the
825 office of the clerk and the judiciary, increase timeliness in
826 the processing of cases, and provide the judiciary with case
827 related information to allow for improved judicial case
828 management. The Legislature requests that the Supreme Court set
829 statewide standards for electronic filing to be used by the
830 clerks of court to implement electronic filing. The standards
831 should specify the required information for the duties of the
832 clerks of court and the judiciary for case management. Revenues
833 provided to counties and the clerk of court under s.
834 28.24(13)(e) s. 28.24(12)(e) for information technology may also
835 be used to implement electronic filing processes.
836 Section 16. Effective July 1, 2021, subsection (5) of
837 section 28.246, Florida Statutes, is amended to read:
838 28.246 Payment of court-related fines or other monetary
839 penalties, fees, charges, and costs; partial payments;
840 distribution of funds.—
841 (5) When receiving partial payment of fees, service
842 charges, court costs, and fines, clerks shall distribute funds
843 according to the following order of priority:
844 (a) That portion of fees, service charges, court costs, and
845 fines to be remitted to the state for deposit into the General
846 Revenue Fund.
847 (b) That portion of fees, service charges, court costs, and
848 fines required to be retained by the clerk of the court or
849 deposited into the Clerks of the Court Trust Fund within the
850 Department of Revenue.
851 (c) That portion of fees, service charges, court costs, and
852 fines payable to state trust funds, allocated on a pro rata
853 basis among the various authorized funds if the total collection
854 amount is insufficient to fully fund all such funds as provided
855 by law.
856 (d) That portion of fees, service charges, court costs, and
857 fines payable to counties, municipalities, or other local
858 entities, allocated on a pro rata basis among the various
859 authorized recipients if the total collection amount is
860 insufficient to fully fund all such recipients as provided by
861 law.
862
863 To offset processing costs, clerks may impose either a per-month
864 service charge pursuant to s. 28.24(27)(b) s. 28.24(26)(b) or a
865 one-time administrative processing service charge at the
866 inception of the payment plan pursuant to s. 28.24(27)(c) s.
867 28.24(26)(c).
868 Section 17. Effective July 1, 2021, section 45.035, Florida
869 Statutes, is amended to read:
870 45.035 Clerk’s fees.—In addition to other fees or service
871 charges authorized by law, the clerk shall receive service
872 charges related to the judicial sales procedure set forth in ss.
873 45.031-45.033 ss. 45.031-45.034 and this section:
874 (1) The clerk shall receive a service charge of $70, from
875 which the clerk shall remit $10 to the Department of Revenue for
876 deposit into the General Revenue Fund, for services in making,
877 recording, and certifying the sale and title, which service
878 charge shall be assessed as costs and shall be advanced by the
879 plaintiff before the sale.
880 (2) If there is a surplus resulting from the sale, the
881 clerk may receive the following service charges, which shall be
882 deducted from the surplus:
883 (a) The clerk may withhold the sum of $28 from the surplus
884 which may only be used for purposes of educating the public as
885 to the rights of homeowners regarding foreclosure proceedings.
886 (b) The clerk is entitled to a service charge of $15 for
887 each disbursement of surplus proceeds, from which the clerk
888 shall remit $5 to the Department of Revenue for deposit into the
889 General Revenue Fund.
890 (3) If the sale is conducted by electronic means, as
891 provided in s. 45.031(10), the clerk shall receive an additional
892 service charge not to exceed $70 for services in conducting or
893 contracting for the electronic sale, which service charge shall
894 be assessed as costs and paid when filing for an electronic sale
895 date. If the clerk requires advance electronic deposits to
896 secure the right to bid, such deposits shall not be subject to
897 the fee under s. 28.24(11) s. 28.24(10). The portion of an
898 advance deposit from a winning bidder required by s. 45.031(3)
899 shall, upon acceptance of the winning bid, be subject to the fee
900 under s. 28.24(11) s. 28.24(10).
901 Section 18. Effective July 1, 2021, subsection (2) of
902 section 55.141, Florida Statutes, is amended to read:
903 55.141 Satisfaction of judgments and decrees; duties of
904 clerk.—
905 (2) Upon such payment, the clerk shall execute and record
906 in the official records a satisfaction of judgment upon payment
907 of the recording charge prescribed in s. 28.24(13) s. 28.24(12).
908 Upon payment of the amount required in subsection (1) and the
909 recording charge required by this subsection and execution and
910 recordation of the satisfaction by the clerk, any lien created
911 by the judgment is satisfied and discharged.
912 Section 19. Effective July 1, 2021, subsection (6) of
913 section 57.082, Florida Statutes, is amended to read:
914 57.082 Determination of civil indigent status.—
915 (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
916 clerk or the court determines is indigent for civil proceedings
917 under this section shall be enrolled in a payment plan under s.
918 28.246 and shall be charged a one-time administrative processing
919 charge under s. 28.24(27)(c) s. 28.24(26)(c). A monthly payment
920 amount, calculated based upon all fees and all anticipated
921 costs, is presumed to correspond to the person’s ability to pay
922 if it does not exceed 2 percent of the person’s annual net
923 income, as defined in subsection (1), divided by 12. The person
924 may seek review of the clerk’s decisions regarding a payment
925 plan established under s. 28.246 in the court having
926 jurisdiction over the matter. A case may not be impeded in any
927 way, delayed in filing, or delayed in its progress, including
928 the final hearing and order, due to nonpayment of any fees or
929 costs by an indigent person. Filing fees waived from payment
930 under s. 57.081 may not be included in the calculation related
931 to a payment plan established under this section.
932 Section 20. Effective July 1, 2021, paragraph (c) of
933 subsection (5) of section 197.502, Florida Statutes, is amended
934 to read:
935 197.502 Application for obtaining tax deed by holder of tax
936 sale certificate; fees.—
937 (5)
938 (c) Upon receiving the tax deed application from the tax
939 collector, the clerk shall record a notice of tax deed
940 application in the official records, which constitutes notice of
941 the pendency of a tax deed application with respect to the
942 property and remains effective for 1 year from the date of
943 recording. A person acquiring an interest in the property after
944 the tax deed application notice has been recorded is deemed to
945 be on notice of the pending tax deed sale, and no additional
946 notice is required. The sale of the property automatically
947 releases any recorded notice of tax deed application for that
948 property. If the property is redeemed, the clerk must record a
949 release of the notice of tax deed application upon payment of
950 the fees as authorized in s. 28.24(9) and (13) s. 28.24(8) and
951 (12). The contents of the notice shall be the same as the
952 contents of the notice of publication required by s. 197.512.
953 The cost of recording must be collected at the time of
954 application under subsection (1), and added to the opening bid.
955 Section 21. Effective July 1, 2021, section 197.532,
956 Florida Statutes, is amended to read:
957 197.532 Fees for mailing additional notices, when
958 application is made by holder.—When the certificateholder makes
959 a written request of the clerk and furnishes the names and
960 addresses at the time of the filing of the application, the
961 clerk shall send a copy of the notice referred to in s. 197.522
962 to anyone to whom the certificateholder may request him or her
963 to send it, and the clerk shall include in such notice the
964 statement required in s. 197.522. The certificateholder shall
965 pay the clerk the service charges as prescribed in s. 28.24(6)
966 s. 28.24(5) for preparing and mailing each copy of notice
967 requested by the holder. When the charges are made, they shall
968 be added by the clerk to the amount required to redeem the land
969 from sale.
970 Section 22. Effective July 1, 2021, subsection (3) and
971 paragraphs (a) and (b) of subsection (4) of section 197.542,
972 Florida Statutes, are amended to read:
973 197.542 Sale at public auction.—
974 (3) If the sale is canceled for any reason or the buyer
975 fails to make full payment within the time required, the clerk
976 shall readvertise the sale within 30 days after the buyer’s
977 nonpayment or, if canceled, within 30 days after the clerk
978 receives the costs of resale. The sale shall be held within 30
979 days after readvertising. Only one advertisement is necessary.
980 The amount of the opening bid shall be increased by the cost of
981 advertising, additional clerk’s fees as provided for in s.
982 28.24(22) s. 28.24(21), and interest as provided for in
983 subsection (1). If, at the subsequent sale, there are no bidders
984 at the tax deed sale and the certificateholder fails to pay the
985 moneys due within 30 days after the sale, the clerk may not
986 readvertise the sale and shall place the property on a list
987 entitled “lands available for taxes.” The clerk must receive
988 full payment before the issuance of the tax deed.
989 (4)(a) A clerk may conduct electronic tax deed sales in
990 lieu of public outcry. The clerk must comply with the procedures
991 provided in this chapter, except that electronic proxy bidding
992 shall be allowed and the clerk may require bidders to advance
993 sufficient funds to pay the deposit required by subsection (2).
994 The clerk shall provide access to the electronic sale by
995 computer terminals open to the public at a designated location.
996 A clerk who conducts such electronic sales may receive
997 electronic deposits and payments related to the sale. The
998 portion of an advance deposit from a winning bidder required by
999 subsection (2) shall, upon acceptance of the winning bid, be
1000 subject to the fee under s. 28.24(11) s. 28.24(10).
1001 (b) This subsection does not restrict or limit the
1002 authority of a charter county to conduct electronic tax deed
1003 sales. In a charter county where the clerk of the circuit court
1004 does not conduct all electronic sales, the charter county shall
1005 be permitted to receive electronic deposits and payments related
1006 to sales it conducts, as well as to subject the winning bidder
1007 to a fee, consistent with the schedule in s. 28.24(11) s.
1008 28.24(10).
1009 Section 23. Effective July 1, 2021, paragraph (b) of
1010 subsection (2) of section 197.582, Florida Statutes, is amended
1011 to read:
1012 197.582 Disbursement of proceeds of sale.—
1013 (2)
1014 (b) The mailed notice must include a form for making a
1015 claim under subsection (3). Service charges at the rate set
1016 forth in s. 28.24(11) s. 28.24(10) and the costs of mailing must
1017 be paid out of the surplus funds held by the clerk. If the clerk
1018 or comptroller certifies that the surplus funds are not
1019 sufficient to cover the service charges and mailing costs, the
1020 clerk shall receive the total amount of surplus funds as a
1021 service charge. For purposes of identifying unclaimed property
1022 pursuant to s. 717.113, excess proceeds shall be presumed
1023 payable or distributable on the date the notice is sent.
1024 Section 24. Effective July 1, 2021, paragraph (d) of
1025 subsection (3) of section of 569.23, Florida Statutes, is
1026 amended to read:
1027 569.23 Security requirements for tobacco settlement
1028 agreement signatories, successors, parents, and affiliates.—
1029 (3)
1030 (d) The clerk of the Supreme Court shall collect fees for
1031 receipt of deposits under this subsection as authorized by ss.
1032 28.231 and 28.24(11)(a) 28.24(10)(a). In addition, for as long
1033 as any cash remains on deposit with the clerk pursuant to this
1034 subsection, the clerk of the Supreme Court is entitled to
1035 regularly receive as an additional fee the net investment income
1036 earned thereon. The clerk shall use the services of the Chief
1037 Financial Officer, as needed, for the custody and management of
1038 all bonds, other surety, or cash posted or deposited with the
1039 clerk. All fees collected pursuant to this subsection shall be
1040 deposited in the State Courts Revenue Trust Fund for use as
1041 specified by law.
1042 Section 25. Effective July 1, 2021, subsection (3) of
1043 section 712.06, Florida Statutes, is amended to read:
1044 712.06 Contents of notice; recording and indexing.—
1045 (3) The person providing the notice referred to in s.
1046 712.05, other than a notice for preservation of a community
1047 covenant or restriction, shall:
1048 (a) Cause the clerk of the circuit court to mail by
1049 registered or certified mail to the purported owner of said
1050 property, as stated in such notice, a copy thereof and shall
1051 enter on the original, before recording the same, a certificate
1052 showing such mailing. For preparing the certificate, the
1053 claimant shall pay to the clerk the service charge as prescribed
1054 in s. 28.24(9) s. 28.24(8) and the necessary costs of mailing,
1055 in addition to the recording charges as prescribed in s.
1056 28.24(13) s. 28.24(12). If the notice names purported owners
1057 having more than one address, the person filing the same shall
1058 furnish a true copy for each of the several addresses stated,
1059 and the clerk shall send one such copy to the purported owners
1060 named at each respective address. Such certificate shall be
1061 sufficient if the same reads substantially as follows:
1062
1063 I hereby certify that I did on this ...., mail by
1064 registered (or certified) mail a copy of the foregoing notice to
1065 each of the following at the address stated:
1066
1067 ...(Clerk of the circuit court)...
1068 of .... County, Florida,
1069 By...(Deputy clerk)...
1070
1071 The clerk of the circuit court is not required to mail to the
1072 purported owner of such property any such notice that pertains
1073 solely to the preserving of any covenant or restriction or any
1074 portion of a covenant or restriction; or
1075 (b) Publish once a week, for 2 consecutive weeks, the
1076 notice referred to in s. 712.05, with the official record book
1077 and page number in which such notice was recorded, in a
1078 newspaper as defined in chapter 50 in the county in which the
1079 property is located.
1080 Section 26. Except as otherwise expressly provided in this
1081 act and except for this section, which shall take effect upon
1082 this act becoming a law, this act shall take effect October 1,
1083 2021.
1084
1085 ================= T I T L E A M E N D M E N T ================
1086 And the title is amended as follows:
1087 Delete everything before the enacting clause
1088 and insert:
1089 A bill to be entitled
1090 An act relating to clerks of the circuit court;
1091 amending s. 28.222, F.S.; requiring certain service
1092 charges to be distributed in a specified manner;
1093 amending s. 28.24, F.S.; defining the term “court
1094 record”; specifying the amount of charges for certain
1095 services rendered by, and instruments filed with, the
1096 clerk of the circuit court which are not court
1097 records; amending s. 28.241, F.S.; revising the
1098 distribution of revenue from filing fees from the
1099 institution of certain appellate proceedings; amending
1100 s. 28.246, F.S.; clarifying the responsibility of an
1101 individual released from incarceration regarding
1102 enrolling in a payment plan for any outstanding court
1103 obligations; modifying the manner of calculating a
1104 monthly payment amount under a payment plan; requiring
1105 the clerk to establish all terms of a payment plan;
1106 amending s. 28.35, F.S.; conforming cross-references
1107 and provisions to changes made by the act; amending s.
1108 28.36, F.S.; conforming a cross-reference and a
1109 provision to changes made by the act; requiring the
1110 corporation to establish and manage a contingency
1111 reserve within the Clerks of the Court Trust Fund for
1112 specified purposes; prescribing reporting
1113 requirements; specifying circumstances under which
1114 moneys held in reserve may be used; prescribing
1115 procedures for the release of such funds; amending s.
1116 28.37, F.S.; modifying a provision regarding state
1117 court system funding; defining terms; conforming a
1118 cross-reference; revising provisions governing the
1119 transfer of certain funds from the Clerks of the Court
1120 Trust Fund to the General Revenue Fund by the
1121 Department of Revenue; amending s. 28.42, F.S.;
1122 requiring the clerks to develop a uniform payment plan
1123 form by a specified date; prescribing requirements for
1124 the form; requiring the clerks to use such form by a
1125 specified date; amending s. 40.29, F.S.; requiring the
1126 clerks of the court to submit requests for
1127 reimbursement for jury-related costs to the Florida
1128 Clerks of Court Operations Corporation within
1129 specified timeframes; requiring the corporation to
1130 review such requests for reimbursement; requiring the
1131 corporation to submit certain information to the
1132 Justice Administrative Commission; requiring the
1133 commission to review the information and submit a
1134 request for payment to the Chief Financial Officer
1135 under certain circumstances; removing a provision
1136 authorizing the commission to apportion funds among
1137 the counties for certain purposes; amending ss.
1138 318.15, 318.20, and 322.245, F.S.; requiring orders
1139 and notifications for certain traffic citations and
1140 suspensions to include information regarding payment
1141 plans; amending s. 775.083, F.S.; designating the
1142 clerk as the entity responsible for collecting payment
1143 of certain court obligations; requiring a person
1144 ordered to pay such obligations to contact the clerk
1145 in order to pay or establish a payment plan, unless
1146 otherwise provided; amending ss. 27.52, 28.22205,
1147 28.246, 45.035, 55.141, 57.082, 197.502, 197.532,
1148 197.542, 197.582, 569.23, and 712.06, F.S.; conforming
1149 cross-references; providing effective dates.