Florida Senate - 2021                       CS for CS for SB 838
       
       
        
       By the Committees on Appropriations; and Judiciary; and Senators
       Boyd, Bracy, Wright, Torres, and Hooper
       
       
       
       
       576-04223-21                                           2021838c2
    1                        A bill to be entitled                      
    2         An act relating to clerks of the circuit court;
    3         amending s. 28.222, F.S.; requiring certain service
    4         charges to be distributed in a specified manner;
    5         amending s. 28.24, F.S.; defining the term “court
    6         record”; specifying the amount of charges for certain
    7         services rendered by, and instruments filed with, the
    8         clerk of the circuit court which are not court
    9         records; amending s. 28.241, F.S.; revising the
   10         distribution of revenue from filing fees from the
   11         institution of certain appellate proceedings; amending
   12         s. 28.246, F.S.; clarifying the responsibility of an
   13         individual released from incarceration regarding
   14         enrolling in a payment plan for any outstanding court
   15         obligations; modifying the manner of calculating a
   16         monthly payment amount under a payment plan; requiring
   17         the clerk to establish all terms of a payment plan;
   18         amending s. 28.35, F.S.; conforming cross-references
   19         and provisions to changes made by the act; amending s.
   20         28.36, F.S.; conforming a cross-reference and a
   21         provision to changes made by the act; requiring the
   22         corporation to establish and manage a contingency
   23         reserve within the Clerks of the Court Trust Fund for
   24         specified purposes; prescribing reporting
   25         requirements; specifying circumstances under which
   26         moneys held in reserve may be used; prescribing
   27         procedures for the release of such funds; amending s.
   28         28.37, F.S.; modifying a provision regarding state
   29         court system funding; defining terms; conforming a
   30         cross-reference; revising provisions governing the
   31         transfer of certain funds from the Clerks of the Court
   32         Trust Fund to the General Revenue Fund by the
   33         Department of Revenue; amending s. 28.42, F.S.;
   34         requiring the clerks to develop a uniform payment plan
   35         form by a specified date; prescribing requirements for
   36         the form; requiring the clerks to use such form by a
   37         specified date; amending s. 40.29, F.S.; requiring the
   38         clerks of the court to submit requests for
   39         reimbursement for jury-related costs to the Florida
   40         Clerks of Court Operations Corporation within
   41         specified timeframes; requiring the corporation to
   42         review such requests for reimbursement; requiring the
   43         corporation to submit certain information to the
   44         Justice Administrative Commission; requiring the
   45         commission to review the information and submit a
   46         request for payment to the Chief Financial Officer
   47         under certain circumstances; removing a provision
   48         authorizing the commission to apportion funds among
   49         the counties for certain purposes; amending ss.
   50         318.15, 318.20, and 322.245, F.S.; requiring orders
   51         and notifications for certain traffic citations and
   52         suspensions to include information regarding payment
   53         plans; amending s. 775.083, F.S.; designating the
   54         clerk as the entity responsible for collecting payment
   55         of certain court obligations; requiring a person
   56         ordered to pay such obligations to contact the clerk
   57         in order to pay or establish a payment plan, unless
   58         otherwise provided; amending ss. 27.52, 28.22205,
   59         28.246, 45.035, 55.141, 57.082, 197.502, 197.532,
   60         197.542, 197.582, 569.23, and 712.06, F.S.; conforming
   61         cross-references; providing effective dates.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Effective July 1, 2021, subsection (7) of
   66  section 28.222, Florida Statutes, is amended to read:
   67         28.222 Clerk to be county recorder.—
   68         (7)(a) All instruments recorded in the Official Records
   69  must remain shall always be open to the public, under the
   70  supervision of the clerk, for the purpose of inspection thereof
   71  and of making extracts therefrom.; but
   72         (b) The clerk is shall not be required to perform any
   73  service in connection with such inspection or making of extracts
   74  without payment of service charges as provided in s. 28.24.
   75         (c)The clerk, in his or her capacity as county recorder,
   76  must retain the service charge payments under s. 28.24, except
   77  that those service charge payments that relate to court records
   78  or functions and meet the description of court-related functions
   79  in s. 28.35(3)(a) must be distributed for those court-related
   80  functions.
   81         Section 2. Effective July 1, 2021, section 28.24, Florida
   82  Statutes, is amended to read:
   83         28.24 Service charges.—The clerk of the circuit court shall
   84  charge for services rendered manually or electronically by the
   85  clerk’s office in recording documents and instruments and in
   86  performing other specified duties. These charges may not exceed
   87  those specified in this section, except as provided in s.
   88  28.345.
   89         (1) For purposes of this section, the term “court record”
   90  means the contents of a court file and includes:
   91         (a)Progress dockets and other similar records generated to
   92  document activity in a case.
   93         (b)Transcripts filed with the clerk.
   94         (c)Documentary exhibits in the custody of the clerk.
   95         (d)Electronic records, video recordings, and stenographic
   96  tapes of depositions or other proceedings filed with the clerk.
   97         (e)Electronic records, video recordings, and stenographic
   98  tapes of court proceedings.
   99         (2) For examining, comparing, correcting, verifying, and
  100  certifying transcripts of record in appellate proceedings,
  101  prepared by attorney for appellant or someone else other than
  102  clerk, per page: 5.00, from which the clerk shall remit 0.50 per
  103  page to the Department of Revenue for deposit into the General
  104  Revenue Fund.
  105         (3)(2) For preparing, numbering, and indexing an original
  106  record of appellate proceedings, per instrument: 3.50, from
  107  which the clerk shall remit 0.50 per instrument to the
  108  Department of Revenue for deposit into the General Revenue Fund.
  109         (4)(a)(3) For certifying copies of any instrument that is a
  110  court record in the public records: 2.00, from which the clerk
  111  shall remit 0.50 to the Department of Revenue for deposit into
  112  the General Revenue Fund.
  113         (b)For certifying copies of any instrument that is not a
  114  court record in the public records, per page: 2.00.
  115         (5)(a)(4) For verifying any instrument presented for
  116  certification prepared by someone other than clerk, per page:
  117  3.50, from which the clerk shall remit 0.50 per page to the
  118  Department of Revenue for deposit into the General Revenue Fund.
  119         (b)For verifying any instrument that is not a court record
  120  presented for certification prepared by someone other than the
  121  clerk, per page: 3.50.
  122         (6)(a)(5)(a) For making copies by photographic process of
  123  any instrument in the public records consisting of pages of not
  124  more than 14 inches by 8 1/2 inches, per page:.............1.00.
  125         (b) For making copies by photographic process of any
  126  instrument in the public records of more than 14 inches by 8 1/2
  127  inches, per page:..........................................5.00.
  128         (7)(6) For making microfilm copies of any public records:
  129         (a) That are court records:
  130         1. 16 mm 100′ microfilm roll: 42.00, from which the clerk
  131  shall remit 4.50 to the Department of Revenue for deposit into
  132  the General Revenue Fund.
  133         2.(b) 35 mm 100′ microfilm roll: 60.00, from which the
  134  clerk shall remit 7.50 to the Department of Revenue for deposit
  135  into the General Revenue Fund.
  136         3.(c) Microfiche, per fiche: 3.50, from which the clerk
  137  shall remit 0.50 to the Department of Revenue for deposit into
  138  the General Revenue Fund.
  139         (b)That are not court records:
  140         1.16 mm 100’ microfilm roll: 42.00.
  141         2.35 mm 100’ microfilm roll: 60.00.
  142         3.Microfiche, per fiche: 3.50.
  143         (8)(7) For copying any instrument in the public records by
  144  other than photographic process, per page:.................6.00.
  145         (9)(a)(8) For writing any paper that is a court record
  146  other than a paper otherwise herein specifically mentioned in
  147  this section, same as for copying, including signing and
  148  sealing: 7.00, from which the clerk shall remit 1.00 to the
  149  Department of Revenue for deposit into the General Revenue Fund.
  150         (b)For writing any paper that is not a court record other
  151  than a paper otherwise specifically mentioned in this section,
  152  including signing and sealing: 7.00.
  153         (10)(9) For indexing each entry not recorded:.......1.00.
  154         (11)(10) For receiving money into the registry of court:
  155         (a)1. First $500: 3, percent............................3
  156         2. Each subsequent $100: 1.5, percent.................1.5
  157         (b) Eminent domain actions, per deposit: 170.00, from which
  158  the clerk shall remit 20.00 per deposit to the Department of
  159  Revenue for deposit into the General Revenue Fund.
  160         (12)(11) For examining, certifying, and recording plats and
  161  for recording condominium exhibits larger than 14 inches by 8
  162  1/2 inches:
  163         (a) First page:....................................30.00.
  164         (b) Each additional page:..........................15.00.
  165         (13)(12) For recording, indexing, and filing any instrument
  166  not more than 14 inches by 8 1/2 inches, including required
  167  notice to property appraiser where applicable:
  168         (a) First page or fraction thereof:.................5.00.
  169         (b) Each additional page or fraction thereof:.......4.00.
  170         (c) For indexing instruments recorded in the official
  171  records which contain more than four names, per additional
  172  name:......................................................1.00.
  173         (d) An additional service charge must be paid to the clerk
  174  of the circuit court to be deposited in the Public Records
  175  Modernization Trust Fund for each instrument listed in s.
  176  28.222, except judgments received from the courts and notices of
  177  lis pendens, recorded in the official records:
  178         1. First page:......................................1.00.
  179         2. Each additional page:............................0.50.
  180  
  181  Said fund must be held in trust by the clerk and used
  182  exclusively for equipment and maintenance of equipment,
  183  personnel training, and technical assistance in modernizing the
  184  public records system of the office. In a county where the duty
  185  of maintaining official records exists in an office other than
  186  the office of the clerk of the circuit court, the clerk of the
  187  circuit court is entitled to 25 percent of the moneys deposited
  188  into the trust fund for equipment, maintenance of equipment,
  189  training, and technical assistance in modernizing the system for
  190  storing records in the office of the clerk of the circuit court.
  191  The fund may not be used for the payment of travel expenses,
  192  membership dues, bank charges, staff-recruitment costs, salaries
  193  or benefits of employees, construction costs, general operating
  194  expenses, or other costs not directly related to obtaining and
  195  maintaining equipment for public records systems or for the
  196  purchase of furniture or office supplies and equipment not
  197  related to the storage of records. On or before December 1,
  198  1995, and on or before December 1 of each year immediately
  199  preceding each year during which the trust fund is scheduled for
  200  legislative review under s. 19(f)(2), Art. III of the State
  201  Constitution, each clerk of the circuit court shall file a
  202  report on the Public Records Modernization Trust Fund with the
  203  President of the Senate and the Speaker of the House of
  204  Representatives. The report must itemize each expenditure made
  205  from the trust fund since the last report was filed; each
  206  obligation payable from the trust fund on that date; and the
  207  percentage of funds expended for each of the following:
  208  equipment, maintenance of equipment, personnel training, and
  209  technical assistance. The report must indicate the nature of the
  210  system each clerk uses to store, maintain, and retrieve public
  211  records and the degree to which the system has been upgraded
  212  since the creation of the trust fund.
  213         (e) An additional service charge of $4 per page shall be
  214  paid to the clerk of the circuit court for each instrument
  215  listed in s. 28.222, except judgments received from the courts
  216  and notices of lis pendens, recorded in the official records.
  217  From the additional $4 service charge collected:
  218         1. If the counties maintain legal responsibility for the
  219  costs of the court-related technology needs as defined in s.
  220  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  221  Florida Association of Court Clerks and Comptrollers, Inc., for
  222  the cost of development, implementation, operation, and
  223  maintenance of the clerks’ Comprehensive Case Information
  224  System; $1.90 shall be retained by the clerk to be deposited in
  225  the Public Records Modernization Trust Fund and used exclusively
  226  for funding court-related technology needs of the clerk as
  227  defined in s. 29.008(1)(f)2. and (h); and $2 shall be
  228  distributed to the board of county commissioners to be used
  229  exclusively to fund court-related technology, and court
  230  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  231  state trial courts, state attorney, public defender, and
  232  criminal conflict and civil regional counsel in that county. If
  233  the counties maintain legal responsibility for the costs of the
  234  court-related technology needs as defined in s. 29.008(1)(f)2.
  235  and (h), notwithstanding any other provision of law, the county
  236  is not required to provide additional funding beyond that
  237  provided in this section herein for the court-related technology
  238  needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
  239  court records and official records are the property of the State
  240  of Florida, including any records generated as part of the
  241  Comprehensive Case Information System funded pursuant to this
  242  paragraph and the clerk of court is designated as the custodian
  243  of such records, except in a county where the duty of
  244  maintaining official records exists in a county office other
  245  than the clerk of court or comptroller, such county office is
  246  designated the custodian of all official records, and the clerk
  247  of court is designated the custodian of all court records. The
  248  clerk of court or any entity acting on behalf of the clerk of
  249  court, including an association, may not charge a fee to any
  250  agency as defined in s. 119.011, the Legislature, or the State
  251  Court System for copies of records generated by the
  252  Comprehensive Case Information System or held by the clerk of
  253  court or any entity acting on behalf of the clerk of court,
  254  including an association.
  255         2. If the state becomes legally responsible for the costs
  256  of court-related technology needs as defined in s.
  257  29.008(1)(f)2. and (h), whether by operation of general law or
  258  by court order, $4 shall be remitted to the Department of
  259  Revenue for deposit into the General Revenue Fund.
  260         (14)(a)(13) Oath, administering, attesting, and sealing of
  261  court records, not otherwise provided for in this section
  262  herein: 3.50, from which the clerk shall remit 0.50 to the
  263  Department of Revenue for deposit into the General Revenue Fund.
  264         (b)Oath, administering, attesting, and sealing of records
  265  that are not court records not otherwise provided for in this
  266  section: 3.50.
  267         (15)(a)(14) For validating certificates or, any authorized
  268  bonds that are court records, each: 3.50, from which the clerk
  269  shall remit 0.50 each to the Department of Revenue for deposit
  270  into the General Revenue Fund.
  271         (b)For validating certificates or any authorized bonds
  272  that are not court records, each: 3.50.
  273         (16)(15) For preparing affidavit of domicile:.......5.00.
  274         (17)(16) For exemplified certificates, including the
  275  signing and sealing of them: 7.00, from which the clerk shall
  276  remit 1.00 to the Department of Revenue for deposit into the
  277  General Revenue Fund.
  278         (18)(a)(17) For authenticated certificates that are court
  279  records, including the signing and sealing of them: 7.00, from
  280  which the clerk shall remit 1.00 to the Department of Revenue
  281  for deposit into the General Revenue Fund.
  282         (b)For authenticated certificates that are not court
  283  records, including the signing and sealing of them: 7.00.
  284         (19)(a)(18)(a) For issuing and filing a subpoena for a
  285  witness, not otherwise provided for in this section, including
  286  the herein (includes writing, preparing, signing, and sealing of
  287  it): 7.00, from which the clerk shall remit 1.00 to the
  288  Department of Revenue for deposit into the General Revenue Fund.
  289         (b) For signing and sealing only: 2.00, from which the
  290  clerk shall remit 0.50 to the Department of Revenue for deposit
  291  into the General Revenue Fund.
  292         (20)(a)(19) For approving a court bond: 8.50, from which
  293  the clerk shall remit 1.00 to the Department of Revenue for
  294  deposit into the General Revenue Fund.
  295         (b)For approving a bond: 8.50.
  296         (21)(a)(20) For searching court of records, for each year’s
  297  search: 2.00, from which the clerk shall remit 0.50 for each
  298  year’s search to the Department of Revenue for deposit into the
  299  General Revenue Fund.
  300         (b)For searching records that are not court records, for
  301  each year’s search: 2.00.
  302         (22)(21) For processing an application for a tax deed sale
  303  (includes application, sale, issuance, and preparation of tax
  304  deed, and disbursement of proceeds of sale), other than excess
  305  proceeds:.................................................60.00.
  306         (23)(22) For disbursement of excess proceeds of tax deed
  307  sale, first $100 or fraction thereof:.....................10.00.
  308         (24)(23) Upon receipt of an application for a marriage
  309  license, for preparing and administering of oath; issuing,
  310  sealing, and recording of the marriage license; and providing a
  311  certified copy:...........................................30.00.
  312         (25)(24) For solemnizing matrimony:................30.00.
  313         (26)(25) For sealing any court file or expungement of any
  314  record: 42.00, from which the clerk shall remit 4.50 to the
  315  Department of Revenue for deposit into the General Revenue Fund.
  316         (27)(a)(26)(a) For receiving and disbursing all restitution
  317  payments, per payment: 3.50, from which the clerk shall remit
  318  0.50 per payment to the Department of Revenue for deposit into
  319  the General Revenue Fund.
  320         (b) For receiving and disbursing all partial payments,
  321  other than restitution payments, for which an administrative
  322  processing service charge is not imposed pursuant to s. 28.246,
  323  per month:.................................................5.00.
  324         (c) For setting up a payment plan, a one-time
  325  administrative processing charge in lieu of a per month charge
  326  under paragraph (b):......................................25.00.
  327         (28)(27) Postal charges incurred by the clerk of the
  328  circuit court in any mailing by certified or registered mail
  329  must be paid by the party at whose instance the mailing is made.
  330         (29)(28) For furnishing an electronic copy of information
  331  contained in a computer database: a fee as provided for in
  332  chapter 119.
  333         Section 3. Effective July 1, 2021, subsection (2) of
  334  section 28.241, Florida Statutes, is amended to read:
  335         28.241 Filing fees for trial and appellate proceedings.—
  336         (2) Upon the institution of any appellate proceeding from
  337  any lower court to the circuit court of any such county,
  338  including appeals filed by a county or municipality as provided
  339  in s. 34.041(5), or from the county or circuit court to an
  340  appellate court of the state, the clerk shall charge and collect
  341  from the party or parties instituting such appellate proceedings
  342  a filing fee, as follows: not to exceed $280, from which the
  343  clerk shall remit $20 to the Department of Revenue for deposit
  344  into the General Revenue Fund,
  345         (a) For filing a notice of appeal from the county court to
  346  the circuit court, a filing fee not to exceed $280. and, in
  347  addition to the filing fee required under s. 25.241 or s. 35.22,
  348  $100
  349         (b) For filing a notice of appeal from the county or
  350  circuit court to the district court of appeal or to the Supreme
  351  Court, in addition to the filing fee required under s. 25.241 or
  352  s. 35.22, a filing fee not to exceed $100, of which the clerk
  353  shall remit $20 to the Department of Revenue for deposit into
  354  the General Revenue Fund. If the party is determined to be
  355  indigent, the clerk shall defer payment of the fee otherwise
  356  required by this subsection.
  357         Section 4. Subsection (4) of section 28.246, Florida
  358  Statutes, is amended to read:
  359         28.246 Payment of court-related fines or other monetary
  360  penalties, fees, charges, and costs; partial payments;
  361  distribution of funds.—
  362         (4)(a)Each The clerk of the circuit court shall accept
  363  partial payments for each case type for court-related fees,
  364  service charges, court costs, and fines in accordance with the
  365  terms of an established payment plan developed by the clerk.
  366         (b) An individual seeking to defer payment of fees, service
  367  charges, court costs, or fines imposed by operation of law or
  368  order of the court under any provision of general law shall
  369  apply to the clerk for enrollment in a payment plan. The clerk
  370  shall enter into a payment plan with an individual who the court
  371  determines is indigent for costs. It is the responsibility of an
  372  individual who is released from incarceration and has
  373  outstanding court obligations to contact the clerk within 30
  374  days after release to pay fees, service charges, court costs,
  375  and fines in full, or to apply for enrollment in a payment plan.
  376  A monthly payment amount, calculated based upon all fees and all
  377  anticipated fees, service charges, court costs, and fines, is
  378  presumed to correspond to the person’s ability to pay if the
  379  amount does not exceed 2 percent of the person’s annual net
  380  income, as defined in s. 27.52(1), divided by 12. The clerk
  381  shall establish all terms of a payment plan, and the court may
  382  review the reasonableness of the payment plan.
  383         Section 5. Effective upon this act becoming a law,
  384  paragraph (f) of subsection (2) and paragraph (a) of subsection
  385  (3) of section 28.35, Florida Statutes, are amended to read:
  386         28.35 Florida Clerks of Court Operations Corporation.—
  387         (2) The duties of the corporation shall include the
  388  following:
  389         (f) Approving the proposed budgets submitted by clerks of
  390  the court pursuant to s. 28.36. The corporation must ensure that
  391  the total combined budgets of the clerks of the court do not
  392  exceed the total estimated revenues from fees, service charges,
  393  court costs, and fines for court-related functions available for
  394  court-related expenditures as determined by the most recent
  395  Revenue Estimating Conference, plus the total of unspent
  396  budgeted funds for court-related functions carried forward by
  397  the clerks of the court from the previous county fiscal year,
  398  and plus the balance of funds remaining in the Clerks of the
  399  Court Trust Fund after the transfer of funds to the General
  400  Revenue Fund required pursuant to s. 28.37(4)(b), and plus any
  401  appropriations for court-related functions s. 28.37(3)(b). The
  402  corporation may amend any individual clerk of the court budget
  403  to ensure compliance with this paragraph and must consider
  404  performance measures, workload performance standards, workload
  405  measures, and expense data before modifying the budget. As part
  406  of this process, the corporation shall:
  407         1. Calculate the minimum amount of revenue necessary for
  408  each clerk of the court to efficiently perform the list of
  409  court-related functions specified in paragraph (3)(a). The
  410  corporation shall apply the workload measures appropriate for
  411  determining the individual level of review required to fund the
  412  clerk’s budget.
  413         2. Prepare a cost comparison of similarly situated clerks
  414  of the court, based on county population and numbers of filings,
  415  using the standard list of court-related functions specified in
  416  paragraph (3)(a).
  417         3. Conduct an annual base budget review and an annual
  418  budget exercise examining the total budget of each clerk of the
  419  court. The review shall examine revenues from all sources,
  420  expenses of court-related functions, and expenses of noncourt
  421  related functions as necessary to determine that court-related
  422  revenues are not being used for noncourt-related purposes. The
  423  review and exercise shall identify potential targeted budget
  424  reductions in the percentage amount provided in Schedule VIII-B
  425  of the state’s previous year’s legislative budget instructions,
  426  as referenced in s. 216.023(3), or an equivalent schedule or
  427  instruction as may be adopted by the Legislature.
  428         4. Identify those proposed budgets containing funding for
  429  items not included on the standard list of court-related
  430  functions specified in paragraph (3)(a).
  431         5. Identify those clerks projected to have court-related
  432  revenues insufficient to fund their anticipated court-related
  433  expenditures.
  434         6. Use revenue estimates based on the official estimate for
  435  funds from fees, service charges, court costs, and fines for
  436  court-related functions accruing to the clerks of the court made
  437  by the Revenue Estimating Conference, as well as any unspent
  438  budgeted funds for court-related functions carried forward by
  439  the clerks of the court from the previous county fiscal year and
  440  the balance of funds remaining in the Clerks of the Court Trust
  441  Fund after the transfer of funds to the General Revenue Fund
  442  required pursuant to s. 28.37(4)(b), plus any appropriations for
  443  the purpose of funding court-related functions s. 28.37(3)(b).
  444         7. Identify pay and benefit increases in any proposed clerk
  445  budget, including, but not limited to, cost of living increases,
  446  merit increases, and bonuses.
  447         8. Identify increases in anticipated expenditures in any
  448  clerk budget that exceeds the current year budget by more than 3
  449  percent.
  450         9. Identify the budget of any clerk which exceeds the
  451  average budget of similarly situated clerks by more than 10
  452  percent.
  453  
  454  For the purposes of this paragraph, the term “unspent budgeted
  455  funds for court-related functions” means undisbursed funds
  456  included in the clerks of the courts budgets for court-related
  457  functions established pursuant to this section and s. 28.36.
  458         (3)(a) The list of court-related functions that clerks may
  459  fund from filing fees, service charges, court costs, and fines
  460  is limited to those functions expressly authorized by law or
  461  court rule. Those functions include the following: case
  462  maintenance; records management; court preparation and
  463  attendance; processing the assignment, reopening, and
  464  reassignment of cases; processing of appeals; collection and
  465  distribution of fines, fees, service charges, and court costs;
  466  processing of bond forfeiture payments; data collection and
  467  reporting; determinations of indigent status; and paying
  468  reasonable administrative support costs to enable the clerk of
  469  the court to carry out these court-related functions.
  470         Section 6. Effective upon this act becoming a law, present
  471  subsections (3) and (4) of section 28.36, Florida Statutes, are
  472  redesignated as subsections (4) and (5), respectively, a new
  473  subsection (3) is added to that section, and subsection (1),
  474  paragraph (b) of subsection (2), and present subsection (4) of
  475  that section are amended, to read:
  476         28.36 Budget procedure.—There is established a budget
  477  procedure for the court-related functions of the clerks of the
  478  court.
  479         (1) Only those functions listed in s. 28.35(3)(a) may be
  480  funded from fees, service charges, court costs, and fines
  481  retained by the clerks of the court.
  482         (2) Each proposed budget shall further conform to the
  483  following requirements:
  484         (b) The proposed budget must be balanced such that the
  485  total of the estimated revenues available equals or exceeds the
  486  total of the anticipated expenditures. Such revenues include
  487  revenue projected to be received from fees, service charges,
  488  court costs, and fines for court-related functions during the
  489  fiscal period covered by the budget, plus the total of unspent
  490  budgeted funds for court-related functions carried forward by
  491  the clerk of the court from the previous county fiscal year and
  492  plus the portion of the balance of funds remaining in the Clerks
  493  of the Court Trust Fund after the transfer of funds to the
  494  General Revenue Fund required pursuant to s. 28.37(4)(b) s.
  495  28.37(3)(b) which has been allocated to each respective clerk of
  496  the court by the Florida Clerks of Court Operations Corporation.
  497  For the purposes of this paragraph, the term “unspent budgeted
  498  funds for court-related functions” means undisbursed funds
  499  included in the clerk of the courts’ budget for court related
  500  functions established pursuant to s. 28.35 and this section. The
  501  anticipated expenditures must be itemized as required by the
  502  corporation.
  503         (3)(a) The Florida Clerks of Court Operations Corporation
  504  shall establish and manage a reserve for contingencies within
  505  the Clerks of the Court Trust Fund which must consist of an
  506  amount not to exceed 16 percent of the total budget authority
  507  for the clerks of court during the current county fiscal year,
  508  to be carried forward at the end of the fiscal year. Funds to be
  509  held in reserve include transfers of cumulative excess, as
  510  provided in s. 28.37(4)(b), from the Clerks of the Court Trust
  511  Fund and may also include revenues provided by law or moneys
  512  appropriated by the Legislature.
  513         (b) The corporation shall provide a reporting of the
  514  balance and use of these funds during each county fiscal year as
  515  part of the corporation’s annual report submitted under s.
  516  28.35(2)(h).
  517         (c) The corporation may use the reserve to ensure the
  518  clerks of court can perform the court-related functions as
  519  provided in s. 28.35(3)(a). Moneys in the Clerks of the Court
  520  Trust Fund which are held in reserve may be used by the
  521  corporation under the following circumstances:
  522         1. To offset a current deficit between the revenue
  523  available and the original budget authority. A deficit is deemed
  524  to occur when the revenue available to the clerks of court falls
  525  below the original revenue projection for that county fiscal
  526  year.
  527         2.To provide funding for an emergency, as defined in s.
  528  252.34(4). The emergency must have been declared by the
  529  Governor, pursuant to s. 252.36, or otherwise declared by law.
  530         3.To provide funds in the development of the total
  531  aggregate budget of the clerks of court to ensure that a minimum
  532  continuation budget is met. For purposes of this subparagraph, a
  533  minimum continuation budget is the budget approved for the
  534  current county fiscal year or some lesser amount adopted by the
  535  corporation.
  536         (d) To use the reserve, the corporation must request a
  537  budget amendment pursuant to s. 216.292.
  538         (5)(4) The corporation may approve increases or decreases
  539  to the previously authorized budgets approved for individual
  540  clerks of the court pursuant to s. 28.35 for court-related
  541  functions, if:
  542         (a) The additional budget authority is necessary to pay the
  543  cost of performing new or additional functions required by
  544  changes in law or court rule; or
  545         (b) The additional budget authority is necessary to pay the
  546  cost of supporting increases in the number of judges or
  547  magistrates authorized by the Legislature or increases in the
  548  use of hearing officers and senior judges assigned by the
  549  courts.
  550         Section 7. Effective upon this act becoming a law, section
  551  28.37, Florida Statutes, is amended to read:
  552         28.37 Fines, fees, service charges, and costs remitted to
  553  the state.—
  554         (1) Pursuant to s. 14(b), Art. V of the State Constitution,
  555  selected salaries, costs, and expenses of the state courts
  556  system and court-related functions shall be funded from a
  557  portion of the revenues derived from statutory fines, fees,
  558  service charges, and court costs collected by the clerks of the
  559  court and from adequate and appropriate supplemental funding
  560  from state revenues as appropriated by the Legislature.
  561         (2) As used in this section, the term:
  562         (a) “Cumulative excess” means revenues derived from fines,
  563  fees, service charges, and court costs collected by the clerks
  564  of the court which are greater than the original revenue
  565  projection.
  566         (b) “Original revenue projection” means the official
  567  estimate, as determined by the Revenue Estimating Conference, of
  568  revenues from fines, fees, service charges, and court costs
  569  available for court-related functions for the county fiscal year
  570  covered by the projection.
  571         (3)The Beginning November 1, 2013, that portion of all
  572  fines, fees, service charges, and costs collected by the clerks
  573  of the court for the previous month which is in excess of one
  574  twelfth of the clerks’ total budget for the performance of
  575  court-related functions must shall be remitted to the Department
  576  of Revenue for deposit into the Clerks of the Court Trust Fund.
  577  Such collections do not include funding received for the
  578  operation of the Title IV-D child support collections and
  579  disbursement program. The clerk of the court shall remit the
  580  revenues collected during the previous month due to the state on
  581  or before the 10th day of each month.
  582         (4)(a)(3)(a) Each year, no later than January 25, for the
  583  previous county fiscal year, the clerks of court, in
  584  consultation with the Florida Clerks of Court Operations
  585  Corporation, shall remit to the Department of Revenue for
  586  deposit in the Clerks of the Court Trust Fund the cumulative
  587  excess of all fines, fees, service charges, and court costs
  588  retained by the clerks of the court, plus any funds received by
  589  the clerks of the court from the Clerks of the Court Trust Fund
  590  under s. 28.36(4) s. 28.36(3), which exceed the amount needed to
  591  meet their authorized budget amounts established under s. 28.35.
  592         (b) No later than February 1, 2022, and each February 1
  593  thereafter, the Department of Revenue shall transfer 50 percent
  594  of the cumulative excess of the original revenue projection from
  595  the Clerks of the Court Trust Fund to the General Revenue Fund.
  596  The remaining 50 percent in the Clerks of the Court Trust Fund
  597  may be used in the development of the total combined budgets of
  598  the clerks of the court as provided in s. 28.35(2)(f)6. However,
  599  a minimum of 10 percent of the clerk-retained portion of the
  600  cumulative excess amount must be held in reserve until such
  601  funds reach an amount equal to at least 16 percent of the total
  602  budget authority from the current county fiscal year, as
  603  provided in s. 28.36(3)(a)
  604         1. No later than February 1, 2020, the Department of
  605  Revenue shall transfer from the Clerks of the Court Trust Fund
  606  to the General Revenue Fund the sum of the cumulative excess of
  607  all fines, fees, service charges, and costs submitted by the
  608  clerks of court pursuant to subsection (2) and the cumulative
  609  excess of all fines, fees, service charges, and costs remitted
  610  by the clerks of court pursuant to paragraph (a) in excess of
  611  $10 million.
  612         2. No later than February 1, 2021, the Department of
  613  Revenue shall transfer from the Clerks of the Court Trust Fund
  614  to the General Revenue Fund not less than 50 percent of the sum
  615  of the cumulative excess of all fines, fees, service charges,
  616  and costs submitted by the clerks of court pursuant to
  617  subsection (2) and the cumulative excess of all fines, fees,
  618  service charges, and costs remitted by the clerks of court
  619  pursuant to paragraph (a); provided however, the balance
  620  remaining in the Clerks of Courts Trust Fund after such transfer
  621  may not be more than $20 million.
  622         3. No later than February 1, 2022, the Department of
  623  Revenue shall transfer from the Clerks of the Court Trust Fund
  624  to the General Revenue Fund not less than 50 percent of the sum
  625  of the cumulative excess of all fines, fees, service charges,
  626  and costs submitted by the clerks of court pursuant to
  627  subsection (2) and the cumulative excess of all fines, fees,
  628  service charges, and costs remitted by the clerks of court
  629  pursuant to paragraph (a); provided however, the balance
  630  remaining in the Clerks of Courts Trust Fund after such transfer
  631  may not be more than $20 million.
  632         4. No later than February 1, 2023, and each February 1
  633  thereafter, the Department of Revenue shall transfer from the
  634  Clerks of the Court Trust Fund to the General Revenue Fund the
  635  cumulative excess of all fines, fees, service charges, and costs
  636  submitted by the clerks of court pursuant to subsection (2) and
  637  the cumulative excess of all fines, fees, service charges, and
  638  costs remitted by the clerks of court pursuant to paragraph (a).
  639         (5)(4) The Department of Revenue shall collect any funds
  640  that the Florida Clerks of Court Operations Corporation
  641  determines upon investigation were due but not remitted to the
  642  Department of Revenue. The corporation shall notify the clerk of
  643  the court and the Department of Revenue of the amount due to the
  644  Department of Revenue. The clerk of the court shall remit the
  645  amount due no later than the 10th day of the month following the
  646  month in which notice is provided by the corporation to the
  647  clerk of the court.
  648         (6)(5) Ten percent of all court-related fines collected by
  649  the clerk, except for penalties or fines distributed to counties
  650  or municipalities under s. 316.0083(1)(b)3. or s. 318.18(15)(a),
  651  must shall be deposited into the fine and forfeiture fund to be
  652  used exclusively for clerk court-related functions, as provided
  653  in s. 28.35(3)(a).
  654         Section 8. Section 28.42, Florida Statutes, is amended to
  655  read:
  656         28.42 Manual of filing fees, charges, costs, and fines;
  657  payment plan form.—
  658         (1) The clerks of court, through their association and in
  659  consultation with the Office of the State Courts Administrator,
  660  shall prepare and disseminate a manual of filing fees, service
  661  charges, costs, and fines imposed pursuant to state law, for
  662  each type of action and offense, and classified as mandatory or
  663  discretionary. The manual also shall classify the fee, charge,
  664  cost, or fine as court-related revenue or noncourt-related
  665  revenue. The clerks, through their association, shall
  666  disseminate this manual to the chief judge, state attorney,
  667  public defender, and court administrator in each circuit and to
  668  the clerk of the court in each county. The clerks, through their
  669  association and in consultation with the Office of the State
  670  Courts Administrator, shall at a minimum update and disseminate
  671  this manual on July 1 of each year.
  672         (2) By October 1, 2021, the clerks of court, through the
  673  Florida Clerks of Court Operations Corporation, shall develop a
  674  uniform payment plan form for use by persons seeking to
  675  establish a payment plan in accordance with s. 28.246(4). The
  676  form must inform the person of the minimum payment due each
  677  month, the term of the plan, acceptable payment methods, and the
  678  circumstances under which a case may be sent to collections for
  679  nonpayment.
  680         (3) By January 1, 2022, each clerk of court shall use the
  681  uniform payment plan form developed pursuant to subsection (2)
  682  when establishing payment plans.
  683         Section 9. Effective July 1, 2021, subsection (5) of
  684  section 40.29, Florida Statutes, is amended to read:
  685         40.29 Payment of due-process costs.—
  686         (5) The Justice Administrative Commission shall reimburse
  687  provide funds to the clerks of the court to compensate jurors,
  688  to pay for meals or lodging provided to jurors, and to pay for
  689  jury-related personnel costs as provided in this section. Each
  690  clerk of the court must submit a request for reimbursement shall
  691  forward to the Florida Clerks of Court Operations Corporation
  692  within 20 days after each quarter attesting to the clerk’s
  693  actual costs Justice Administrative Commission a quarterly
  694  estimate of funds necessary to compensate jurors, to and pay for
  695  meals or lodging provided to jurors, and to pay for jury-related
  696  personnel costs during the upcoming quarter. The Florida Clerks
  697  of Court Operations Corporation must review the request for
  698  reimbursement to ensure that the costs are reasonably and
  699  directly related to jury management. The Florida Clerks of Court
  700  Operations Corporation must shall forward to the Justice
  701  Administrative Commission a quarterly estimate of the amount
  702  necessary to reimburse each clerk of the court for its personnel
  703  and other costs related to jury management unless the total
  704  request for reimbursement by the clerks exceeds the quarterly
  705  funds available to the Justice Administrative Commission, in
  706  which case the Florida Clerks of Court Operations Corporation
  707  shall adjust the cumulative total to match the available funds
  708  before submitting the request to the Justice Administrative
  709  Commission. Upon receipt of each request for reimbursement such
  710  estimates, the Justice Administrative Commission must review
  711  shall determine the amount deemed necessary for payment to the
  712  clerks of the court for the most recently completed during the
  713  upcoming quarter, determine if the total payment amount is
  714  available, and submit a request for payment to the Chief
  715  Financial Officer. If the Justice Administrative Commission
  716  believes that the amount appropriated by the Legislature is
  717  insufficient to meet such costs during the remaining part of the
  718  state fiscal year, the commission may apportion the funds
  719  appropriated in the General Appropriations Act for those
  720  purposes among the several counties, basing the apportionment
  721  upon the amount expended for such purposes in each county during
  722  the prior fiscal year, in which case, the Chief Financial
  723  Officer shall issue the appropriate apportioned amount by
  724  warrant to each county. The clerks of the court are responsible
  725  for any compensation to jurors, for payments for meals or
  726  lodging provided to jurors, and for jury-related personnel costs
  727  that exceed the funding provided in the General Appropriations
  728  Act for these purposes.
  729         Section 10. Paragraph (a) of subsection (1) of section
  730  318.15, Florida Statutes, is amended to read:
  731         318.15 Failure to comply with civil penalty or to appear;
  732  penalty.—
  733         (1)(a) If a person fails to comply with the civil penalties
  734  provided in s. 318.18 within the time period specified in s.
  735  318.14(4), fails to enter into or comply with the terms of a
  736  penalty payment plan with the clerk of the court in accordance
  737  with ss. 318.14 and 28.246, fails to attend driver improvement
  738  school, or fails to appear at a scheduled hearing, the clerk of
  739  the court must shall notify the Department of Highway Safety and
  740  Motor Vehicles of such failure within 10 days after such
  741  failure. Upon receipt of such notice, the department must shall
  742  immediately issue an order suspending the driver license and
  743  privilege to drive of such person effective 20 days after the
  744  date the order of suspension is mailed in accordance with s.
  745  322.251(1), (2), and (6). The order also must inform the person
  746  that he or she may contact the clerk of the court to establish a
  747  payment plan pursuant to s. 28.246(4) to make partial payments
  748  for court-related fines, fees, service charges, and court costs.
  749  Any such suspension of the driving privilege which has not been
  750  reinstated, including a similar suspension imposed outside of
  751  this state Florida, must shall remain on the records of the
  752  department for a period of 7 years from the date imposed and
  753  must shall be removed from the records after the expiration of 7
  754  years from the date it is imposed. The department may not accept
  755  the resubmission of such suspension.
  756         Section 11. Section 318.20, Florida Statutes, is amended to
  757  read:
  758         318.20 Notification; duties of department.—The department
  759  shall prepare a notification form to be appended to, or
  760  incorporated as a part of, the Florida uniform traffic citation
  761  issued in accordance with s. 316.650. The notification form must
  762  shall contain language informing persons charged with
  763  infractions to which this chapter applies of the procedures
  764  available to them under this chapter. Such notification form
  765  must shall contain a statement that, if the official determines
  766  that no infraction has been committed, no costs or penalties may
  767  shall be imposed and any costs or penalties that which have been
  768  paid will shall be returned. Additionally, the notification form
  769  must include information on paying the civil penalty to the
  770  clerk of the court and the ability to establish a payment plan
  771  pursuant to s. 28.246(4). A uniform traffic citation that is
  772  produced electronically must also include the information
  773  required by this section.
  774         Section 12. Subsections (1) and (3) and paragraph (a) of
  775  subsection (5) of section 322.245, Florida Statutes, are amended
  776  to read:
  777         322.245 Suspension of license upon failure of person
  778  charged with specified offense under chapter 316, chapter 320,
  779  or this chapter to comply with directives ordered by traffic
  780  court or upon failure to pay child support in non-IV-D cases as
  781  provided in chapter 61 or failure to pay any financial
  782  obligation in any other criminal case.—
  783         (1) If a person charged with a violation of any of the
  784  criminal offenses enumerated in s. 318.17 or with the commission
  785  of any offense constituting a misdemeanor under chapter 320 or
  786  this chapter fails to comply with all of the directives of the
  787  court within the time allotted by the court, the clerk of the
  788  traffic court must provide shall mail to the person, either
  789  electronically or by mail sent to at the address specified on
  790  the uniform traffic citation, a notice of such failure,
  791  notifying him or her that, if he or she does not comply with the
  792  directives of the court within 30 days after the date of the
  793  notice and pay a delinquency fee of up to $25 to the clerk, from
  794  which the clerk shall remit $10 to the Department of Revenue for
  795  deposit into the General Revenue Fund, his or her driver license
  796  will be suspended. The notice must shall be sent mailed no later
  797  than 5 days after such failure. The delinquency fee may be
  798  retained by the office of the clerk to defray the operating
  799  costs of the office.
  800         (3) If the person fails to comply with the directives of
  801  the court within the 30-day period, or, in non-IV-D cases, fails
  802  to comply with the requirements of s. 61.13016 within the period
  803  specified in that statute, the depository or the clerk of the
  804  court must shall electronically notify the department of such
  805  failure within 10 days. Upon electronic receipt of the notice,
  806  the department shall immediately issue an order suspending the
  807  person’s driver license and privilege to drive effective 20 days
  808  after the date the order of suspension is mailed in accordance
  809  with s. 322.251(1), (2), and (6). The order of suspension must
  810  also contain information specifying that the person may contact
  811  the clerk of the court to establish a payment plan pursuant to
  812  s. 28.246(4) to make partial payments for fines, fees, service
  813  charges, and court costs.
  814         (5)(a) When the department receives notice from a clerk of
  815  the court that a person licensed to operate a motor vehicle in
  816  this state under the provisions of this chapter has failed to
  817  pay financial obligations for any criminal offense other than
  818  those specified in subsection (1), in full or in part under a
  819  payment plan pursuant to s. 28.246(4), the department must shall
  820  suspend the license of the person named in the notice. The
  821  department shall mail an order of suspension in accordance with
  822  s. 322.251(1), (2), and (6), which must also contain information
  823  specifying that the person may contact the clerk of the court to
  824  establish a payment plan pursuant to s. 28.246(4) to make
  825  partial payments for fines, fees, service charges, and court
  826  costs.
  827         Section 13. Present subsection (3) of section 775.083,
  828  Florida Statutes, is redesignated as subsection (4), and a new
  829  subsection (3) is added to that section, to read:
  830         775.083 Fines.—
  831         (3) The clerk of the court of each county is the entity
  832  responsible for collecting payment of fines, fees, service
  833  charges, and court costs. Unless otherwise designated by the
  834  court, a person who has been ordered to pay court obligations
  835  under this section shall immediately contact the clerk to pay
  836  fines, fees, service charges, and court costs in full or to
  837  apply for enrollment in a payment plan pursuant to s. 28.246(4).
  838         Section 14. Effective July 1, 2021, paragraph (i) of
  839  subsection (5) of section 27.52, Florida Statutes, is amended to
  840  read:
  841         27.52 Determination of indigent status.—
  842         (5) INDIGENT FOR COSTS.—A person who is eligible to be
  843  represented by a public defender under s. 27.51 but who is
  844  represented by private counsel not appointed by the court for a
  845  reasonable fee as approved by the court or on a pro bono basis,
  846  or who is proceeding pro se, may move the court for a
  847  determination that he or she is indigent for costs and eligible
  848  for the provision of due process services, as prescribed by ss.
  849  29.006 and 29.007, funded by the state.
  850         (i) A defendant who is found guilty of a criminal act by a
  851  court or jury or enters a plea of guilty or nolo contendere and
  852  who received due process services after being found indigent for
  853  costs under this subsection is liable for payment of due process
  854  costs expended by the state.
  855         1. The attorney representing the defendant, or the
  856  defendant if he or she is proceeding pro se, shall provide an
  857  accounting to the court delineating all costs paid or to be paid
  858  by the state within 90 days after disposition of the case
  859  notwithstanding any appeals.
  860         2. The court shall issue an order determining the amount of
  861  all costs paid by the state and any costs for which prepayment
  862  was waived under this section or s. 57.081. The clerk shall
  863  cause a certified copy of the order to be recorded in the
  864  official records of the county, at no cost. The recording
  865  constitutes a lien against the person in favor of the state in
  866  the county in which the order is recorded. The lien may be
  867  enforced in the same manner prescribed in s. 938.29.
  868         3. If the attorney or the pro se defendant fails to provide
  869  a complete accounting of costs expended by the state and
  870  consequently costs are omitted from the lien, the attorney or
  871  pro se defendant may not receive reimbursement or any other form
  872  of direct or indirect payment for those costs if the state has
  873  not paid the costs. The attorney or pro se defendant shall repay
  874  the state for those costs if the state has already paid the
  875  costs. The clerk of the court may establish a payment plan under
  876  s. 28.246 and may charge the attorney or pro se defendant a one
  877  time administrative processing charge under s. 28.24(27)(c) s.
  878  28.24(26)(c).
  879         Section 15. Effective July 1, 2021, section 28.22205,
  880  Florida Statutes, is amended to read:
  881         28.22205 Electronic filing process.—Each clerk of court
  882  shall implement an electronic filing process. The purpose of the
  883  electronic filing process is to reduce judicial costs in the
  884  office of the clerk and the judiciary, increase timeliness in
  885  the processing of cases, and provide the judiciary with case
  886  related information to allow for improved judicial case
  887  management. The Legislature requests that the Supreme Court set
  888  statewide standards for electronic filing to be used by the
  889  clerks of court to implement electronic filing. The standards
  890  should specify the required information for the duties of the
  891  clerks of court and the judiciary for case management. Revenues
  892  provided to counties and the clerk of court under s.
  893  28.24(13)(e) s. 28.24(12)(e) for information technology may also
  894  be used to implement electronic filing processes.
  895         Section 16. Effective July 1, 2021, subsection (5) of
  896  section 28.246, Florida Statutes, is amended to read:
  897         28.246 Payment of court-related fines or other monetary
  898  penalties, fees, charges, and costs; partial payments;
  899  distribution of funds.—
  900         (5) When receiving partial payment of fees, service
  901  charges, court costs, and fines, clerks shall distribute funds
  902  according to the following order of priority:
  903         (a) That portion of fees, service charges, court costs, and
  904  fines to be remitted to the state for deposit into the General
  905  Revenue Fund.
  906         (b) That portion of fees, service charges, court costs, and
  907  fines required to be retained by the clerk of the court or
  908  deposited into the Clerks of the Court Trust Fund within the
  909  Department of Revenue.
  910         (c) That portion of fees, service charges, court costs, and
  911  fines payable to state trust funds, allocated on a pro rata
  912  basis among the various authorized funds if the total collection
  913  amount is insufficient to fully fund all such funds as provided
  914  by law.
  915         (d) That portion of fees, service charges, court costs, and
  916  fines payable to counties, municipalities, or other local
  917  entities, allocated on a pro rata basis among the various
  918  authorized recipients if the total collection amount is
  919  insufficient to fully fund all such recipients as provided by
  920  law.
  921  
  922  To offset processing costs, clerks may impose either a per-month
  923  service charge pursuant to s. 28.24(27)(b) s. 28.24(26)(b) or a
  924  one-time administrative processing service charge at the
  925  inception of the payment plan pursuant to s. 28.24(27)(c) s.
  926  28.24(26)(c).
  927         Section 17. Effective July 1, 2021, section 45.035, Florida
  928  Statutes, is amended to read:
  929         45.035 Clerk’s fees.—In addition to other fees or service
  930  charges authorized by law, the clerk shall receive service
  931  charges related to the judicial sales procedure set forth in ss.
  932  45.031-45.033 ss. 45.031-45.034 and this section:
  933         (1) The clerk shall receive a service charge of $70, from
  934  which the clerk shall remit $10 to the Department of Revenue for
  935  deposit into the General Revenue Fund, for services in making,
  936  recording, and certifying the sale and title, which service
  937  charge shall be assessed as costs and shall be advanced by the
  938  plaintiff before the sale.
  939         (2) If there is a surplus resulting from the sale, the
  940  clerk may receive the following service charges, which shall be
  941  deducted from the surplus:
  942         (a) The clerk may withhold the sum of $28 from the surplus
  943  which may only be used for purposes of educating the public as
  944  to the rights of homeowners regarding foreclosure proceedings.
  945         (b) The clerk is entitled to a service charge of $15 for
  946  each disbursement of surplus proceeds, from which the clerk
  947  shall remit $5 to the Department of Revenue for deposit into the
  948  General Revenue Fund.
  949         (3) If the sale is conducted by electronic means, as
  950  provided in s. 45.031(10), the clerk shall receive an additional
  951  service charge not to exceed $70 for services in conducting or
  952  contracting for the electronic sale, which service charge shall
  953  be assessed as costs and paid when filing for an electronic sale
  954  date. If the clerk requires advance electronic deposits to
  955  secure the right to bid, such deposits are shall not be subject
  956  to the fee under s. 28.24(11) s. 28.24(10). The portion of an
  957  advance deposit from a winning bidder required by s. 45.031(3)
  958  shall, upon acceptance of the winning bid, be subject to the fee
  959  under s. 28.24(11) s. 28.24(10).
  960         Section 18. Effective July 1, 2021, subsection (2) of
  961  section 55.141, Florida Statutes, is amended to read:
  962         55.141 Satisfaction of judgments and decrees; duties of
  963  clerk.—
  964         (2) Upon such payment, the clerk shall execute and record
  965  in the official records a satisfaction of judgment upon payment
  966  of the recording charge prescribed in s. 28.24(13) s. 28.24(12).
  967  Upon payment of the amount required in subsection (1) and the
  968  recording charge required by this subsection and execution and
  969  recordation of the satisfaction by the clerk, any lien created
  970  by the judgment is satisfied and discharged.
  971         Section 19. Effective July 1, 2021, subsection (6) of
  972  section 57.082, Florida Statutes, is amended to read:
  973         57.082 Determination of civil indigent status.—
  974         (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
  975  clerk or the court determines is indigent for civil proceedings
  976  under this section shall be enrolled in a payment plan under s.
  977  28.246 and shall be charged a one-time administrative processing
  978  charge under s. 28.24(27)(c) s. 28.24(26)(c). A monthly payment
  979  amount, calculated based upon all fees and all anticipated
  980  costs, is presumed to correspond to the person’s ability to pay
  981  if it does not exceed 2 percent of the person’s annual net
  982  income, as defined in subsection (1), divided by 12. The person
  983  may seek review of the clerk’s decisions regarding a payment
  984  plan established under s. 28.246 in the court having
  985  jurisdiction over the matter. A case may not be impeded in any
  986  way, delayed in filing, or delayed in its progress, including
  987  the final hearing and order, due to nonpayment of any fees or
  988  costs by an indigent person. Filing fees waived from payment
  989  under s. 57.081 may not be included in the calculation related
  990  to a payment plan established under this section.
  991         Section 20. Effective July 1, 2021, paragraph (c) of
  992  subsection (5) of section 197.502, Florida Statutes, is amended
  993  to read:
  994         197.502 Application for obtaining tax deed by holder of tax
  995  sale certificate; fees.—
  996         (5)
  997         (c) Upon receiving the tax deed application from the tax
  998  collector, the clerk shall record a notice of tax deed
  999  application in the official records, which constitutes notice of
 1000  the pendency of a tax deed application with respect to the
 1001  property and remains effective for 1 year from the date of
 1002  recording. A person acquiring an interest in the property after
 1003  the tax deed application notice has been recorded is deemed to
 1004  be on notice of the pending tax deed sale, and no additional
 1005  notice is required. The sale of the property automatically
 1006  releases any recorded notice of tax deed application for that
 1007  property. If the property is redeemed, the clerk must record a
 1008  release of the notice of tax deed application upon payment of
 1009  the fees as authorized in s. 28.24(9) and (13) s. 28.24(8) and
 1010  (12). The contents of the notice shall be the same as the
 1011  contents of the notice of publication required by s. 197.512.
 1012  The cost of recording must be collected at the time of
 1013  application under subsection (1), and added to the opening bid.
 1014         Section 21. Effective July 1, 2021, section 197.532,
 1015  Florida Statutes, is amended to read:
 1016         197.532 Fees for mailing additional notices, when
 1017  application is made by holder.—When the certificateholder makes
 1018  a written request of the clerk and furnishes the names and
 1019  addresses at the time of the filing of the application, the
 1020  clerk shall send a copy of the notice referred to in s. 197.522
 1021  to anyone to whom the certificateholder may request him or her
 1022  to send it, and the clerk shall include in such notice the
 1023  statement required in s. 197.522. The certificateholder shall
 1024  pay the clerk the service charges as prescribed in s. 28.24(6)
 1025  s. 28.24(5) for preparing and mailing each copy of notice
 1026  requested by the holder. When the charges are made, they shall
 1027  be added by the clerk to the amount required to redeem the land
 1028  from sale.
 1029         Section 22. Effective July 1, 2021, subsection (3) and
 1030  paragraphs (a) and (b) of subsection (4) of section 197.542,
 1031  Florida Statutes, are amended to read:
 1032         197.542 Sale at public auction.—
 1033         (3) If the sale is canceled for any reason or the buyer
 1034  fails to make full payment within the time required, the clerk
 1035  shall readvertise the sale within 30 days after the buyer’s
 1036  nonpayment or, if canceled, within 30 days after the clerk
 1037  receives the costs of resale. The sale shall be held within 30
 1038  days after readvertising. Only one advertisement is necessary.
 1039  The amount of the opening bid shall be increased by the cost of
 1040  advertising, additional clerk’s fees as provided for in s.
 1041  28.24(22) s. 28.24(21), and interest as provided for in
 1042  subsection (1). If, at the subsequent sale, there are no bidders
 1043  at the tax deed sale and the certificateholder fails to pay the
 1044  moneys due within 30 days after the sale, the clerk may not
 1045  readvertise the sale and shall place the property on a list
 1046  entitled “lands available for taxes.” The clerk must receive
 1047  full payment before the issuance of the tax deed.
 1048         (4)(a) A clerk may conduct electronic tax deed sales in
 1049  lieu of public outcry. The clerk must comply with the procedures
 1050  provided in this chapter, except that electronic proxy bidding
 1051  shall be allowed and the clerk may require bidders to advance
 1052  sufficient funds to pay the deposit required by subsection (2).
 1053  The clerk shall provide access to the electronic sale by
 1054  computer terminals open to the public at a designated location.
 1055  A clerk who conducts such electronic sales may receive
 1056  electronic deposits and payments related to the sale. The
 1057  portion of an advance deposit from a winning bidder required by
 1058  subsection (2) shall, upon acceptance of the winning bid, be
 1059  subject to the fee under s. 28.24(11) s. 28.24(10).
 1060         (b) This subsection does not restrict or limit the
 1061  authority of a charter county to conduct electronic tax deed
 1062  sales. In a charter county where the clerk of the circuit court
 1063  does not conduct all electronic sales, the charter county shall
 1064  be permitted to receive electronic deposits and payments related
 1065  to sales it conducts, as well as to subject the winning bidder
 1066  to a fee, consistent with the schedule in s. 28.24(11) s.
 1067  28.24(10).
 1068         Section 23. Effective July 1, 2021, paragraph (b) of
 1069  subsection (2) of section 197.582, Florida Statutes, is amended
 1070  to read:
 1071         197.582 Disbursement of proceeds of sale.—
 1072         (2)
 1073         (b) The mailed notice must include a form for making a
 1074  claim under subsection (3). Service charges at the rate set
 1075  forth in s. 28.24(11) s. 28.24(10) and the costs of mailing must
 1076  be paid out of the surplus funds held by the clerk. If the clerk
 1077  or comptroller certifies that the surplus funds are not
 1078  sufficient to cover the service charges and mailing costs, the
 1079  clerk shall receive the total amount of surplus funds as a
 1080  service charge. For purposes of identifying unclaimed property
 1081  pursuant to s. 717.113, excess proceeds shall be presumed
 1082  payable or distributable on the date the notice is sent.
 1083         Section 24. Effective July 1, 2021, paragraph (d) of
 1084  subsection (3) of section of 569.23, Florida Statutes, is
 1085  amended to read:
 1086         569.23 Security requirements for tobacco settlement
 1087  agreement signatories, successors, parents, and affiliates.—
 1088         (3)
 1089         (d) The clerk of the Supreme Court shall collect fees for
 1090  receipt of deposits under this subsection as authorized by ss.
 1091  28.231 and 28.24(11) 28.24(10)(a). In addition, for as long as
 1092  any cash remains on deposit with the clerk pursuant to this
 1093  subsection, the clerk of the Supreme Court is entitled to
 1094  regularly receive as an additional fee the net investment income
 1095  earned thereon. The clerk shall use the services of the Chief
 1096  Financial Officer, as needed, for the custody and management of
 1097  all bonds, other surety, or cash posted or deposited with the
 1098  clerk. All fees collected pursuant to this subsection shall be
 1099  deposited in the State Courts Revenue Trust Fund for use as
 1100  specified by law.
 1101         Section 25. Effective July 1, 2021, subsection (3) of
 1102  section 712.06, Florida Statutes, is amended to read:
 1103         712.06 Contents of notice; recording and indexing.—
 1104         (3) The person providing the notice referred to in s.
 1105  712.05, other than a notice for preservation of a community
 1106  covenant or restriction, shall:
 1107         (a) Cause the clerk of the circuit court to mail by
 1108  registered or certified mail to the purported owner of said
 1109  property, as stated in such notice, a copy thereof and shall
 1110  enter on the original, before recording the same, a certificate
 1111  showing such mailing. For preparing the certificate, the
 1112  claimant shall pay to the clerk the service charge as prescribed
 1113  in s. 28.24(9) s. 28.24(8) and the necessary costs of mailing,
 1114  in addition to the recording charges as prescribed in s.
 1115  28.24(13) s. 28.24(12). If the notice names purported owners
 1116  having more than one address, the person filing the same shall
 1117  furnish a true copy for each of the several addresses stated,
 1118  and the clerk shall send one such copy to the purported owners
 1119  named at each respective address. Such certificate shall be
 1120  sufficient if the same reads substantially as follows:
 1121  
 1122         I hereby certify that I did on this ...., mail by
 1123  registered (or certified) mail a copy of the foregoing notice to
 1124  each of the following at the address stated:
 1125  
 1126  ...(Clerk of the circuit court)...
 1127  of .... County, Florida,
 1128  By...(Deputy clerk)...
 1129  
 1130  The clerk of the circuit court is not required to mail to the
 1131  purported owner of such property any such notice that pertains
 1132  solely to the preserving of any covenant or restriction or any
 1133  portion of a covenant or restriction; or
 1134         (b) Publish once a week, for 2 consecutive weeks, the
 1135  notice referred to in s. 712.05, with the official record book
 1136  and page number in which such notice was recorded, in a
 1137  newspaper as defined in chapter 50 in the county in which the
 1138  property is located.
 1139         Section 26. Except as otherwise expressly provided in this
 1140  act and except for this section, which shall take effect upon
 1141  this act becoming a law, this act shall take effect October 1,
 1142  2021.