Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1552
       
       
       
       
       
       
                                Barcode 195644                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/23/2009 10:31 AM       .                                
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       Senator Wise moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Before line 16
    5  insert:
    6         Section 1. Paragraph (e) of subsection (12) of section
    7  28.24, Florida Statutes, is amended to read:
    8         28.24 Service charges by clerk of the circuit court.—The
    9  clerk of the circuit court shall charge for services rendered by
   10  the clerk’s office in recording documents and instruments and in
   11  performing the duties enumerated in amounts not to exceed those
   12  specified in this section. Notwithstanding any other provision
   13  of this section, the clerk of the circuit court shall provide
   14  without charge to the state attorney, public defender, guardian
   15  ad litem, public guardian, attorney ad litem, criminal conflict
   16  and civil regional counsel, and private court-appointed counsel
   17  paid by the state, and to the authorized staff acting on behalf
   18  of each, access to and a copy of any public record, if the
   19  requesting party is entitled by law to view the exempt or
   20  confidential record, as maintained by and in the custody of the
   21  clerk of the circuit court as provided in general law and the
   22  Florida Rules of Judicial Administration. The clerk of the
   23  circuit court may provide the requested public record in an
   24  electronic format in lieu of a paper format when capable of
   25  being accessed by the requesting entity.
   26  
   27  Charges
   28         (12) For recording, indexing, and filing any instrument not
   29  more than 14 inches by 8 1/2 inches, including required notice
   30  to property appraiser where applicable:
   31         (e) An additional service charge of $4 per page shall be
   32  paid to the clerk of the circuit court for each instrument
   33  listed in s. 28.222, except judgments received from the courts
   34  and notices of lis pendens, recorded in the official records.
   35  From the additional $4 service charge collected:
   36         1. If the counties maintain legal responsibility for the
   37  costs of the court-related technology needs as defined in s.
   38  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
   39  Florida Association of Court Clerks and Comptroller, Inc., for
   40  the cost of development, implementation, operation, and
   41  maintenance of the clerks’ Comprehensive Case Information
   42  System, in which system all clerks shall participate on or
   43  before January 1, 2006; $1.90 shall be retained by the clerk to
   44  be deposited in the Public Records Modernization Trust Fund and
   45  used exclusively for funding court-related technology needs of
   46  the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
   47  be distributed to the board of county commissioners to be used
   48  exclusively to fund court-related technology, and court
   49  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
   50  state trial courts, state attorney, public defender, and
   51  criminal conflict and civil regional counsel in that county. If
   52  the counties maintain legal responsibility for the costs of the
   53  court-related technology needs as defined in s. 29.008(1)(f)2.
   54  and (h), notwithstanding any other provision of law, the county
   55  is not required to provide additional funding beyond that
   56  provided herein for the court-related technology needs of the
   57  clerk as defined in s. 29.008(1)(f)2. and (h). All court records
   58  and official records are the property of the State of Florida,
   59  including any records generated as part of the Comprehensive
   60  Case Information System funded pursuant to this paragraph and
   61  the clerk of court is designated as the custodian of such
   62  records, except in a county where the duty of maintaining
   63  official records exists in a county office other than the clerk
   64  of court or comptroller, such county office is designated the
   65  custodian of all official records, and the clerk of court is
   66  designated the custodian of all court records. The clerk of
   67  court or any entity acting on behalf of the clerk of court,
   68  including an association, shall not charge a fee to any agency
   69  as defined in s. 119.011, the Legislature, or the State Court
   70  System for copies of records generated by the Comprehensive Case
   71  Information System or held by the clerk of court or any entity
   72  acting on behalf of the clerk of court, including an
   73  association.
   74         2. If the state becomes legally responsible for the costs
   75  of court-related technology needs as defined in s.
   76  29.008(1)(f)2. and (h), whether by operation of general law or
   77  by court order, $4 shall be remitted to the Department of
   78  Revenue for deposit into the General Revenue Fund.
   79  
   80  ================= T I T L E  A M E N D M E N T ================
   81         And the title is amended as follows:
   82         Delete line 2
   83  and insert:
   84  An act relating to clerks of court; amending s. 28.24, F.S.;
   85  revising the responsibilities of counties to fund court-related
   86  technology needs; amending s. 48.23,