CS/HB 481

1
A bill to be entitled
2An act relating to clerks of court; amending s. 28.13,
3F.S.; providing requirements for storage of electronic
4filings; requiring papers and electronic filings to be
5electronically time stamped; amending s. 28.222, F.S.;
6authorizing the clerk to remove sealed or expunged
7court records from the Official Records; amending s.
828.24, F.S.; revising language concerning an exemption
9from charges for services provided to specified
10officials and their staffs; amending s. 28.244, F.S.;
11increasing the threshold amount for automatic
12repayment of overpayments; amending s. 28.345, F.S.;
13providing for access to clerks' files by state
14agencies and an exemption from copying fees and
15charges; limiting the application of an exemption from
16payment of fees and charges assessed by clerks of
17circuit courts to official use; amending s. 50.041,
18F.S.; authorizing the use of electronic proof of
19publication affidavits; amending s. 119.071, F.S.;
20requiring certain persons to provide specific
21information to the clerk to maintain the public
22records exemption status of certain information;
23amending s. 197.542, F.S.; authorizing the clerk to
24issue a refund to the depositor for redeemed property
25subject to a tax sale; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 28.13, Florida Statutes, is amended to
30read:
31     28.13  To keep Papers and electronic filings.-The clerk of
32the circuit court shall keep all papers and electronic filings
33filed in the clerk's office with the utmost care and security,
34storing them in association with related case arranged in
35appropriate files and affixing a stamp to the submission
36indicating (endorsing upon each the date and time when the
37submission same was filed. The clerk ), and shall not permit any
38attorney or other person to remove documents, take papers once
39filed, from the control or custody out of the office of the
40clerk without leave of the court, except as otherwise is
41hereinafter provided by law.
42     Section 2.  Subsections (4) through (6) of section 28.222,
43Florida Statutes, are renumbered as subsections (5) through (7),
44respectively, and a new subsection (4) is added to that section
45to read:
46     28.222  Clerk to be county recorder.-
47     (4)  The county recorder shall remove recorded court
48documents from the Official Records pursuant to a sealing or
49expunction order.
50     Section 3.  Section 28.24, Florida Statutes, is amended to
51read:
52     28.24  Service charges by clerk of the circuit court.-The
53clerk of the circuit court shall charge for services rendered by
54the clerk's office in recording documents and instruments and in
55performing the duties enumerated in amounts not to exceed those
56specified in this section, except as provided in s. 28.345.
57Notwithstanding any other provision of this section, the clerk
58of the circuit court shall provide without charge to the state
59attorney, public defender, guardian ad litem, public guardian,
60attorney ad litem, criminal conflict and civil regional counsel,
61and private court-appointed counsel paid by the state, and to
62the authorized staff acting on behalf of each, access to and a
63copy of any public record, if the requesting party is entitled
64by law to view the exempt or confidential record, as maintained
65by and in the custody of the clerk of the circuit court as
66provided in general law and the Florida Rules of Judicial
67Administration. The clerk of the circuit court may provide the
68requested public record in an electronic format in lieu of a
69paper format when capable of being accessed by the requesting
70entity.
71Charges
72     (1)  For examining, comparing, correcting, verifying, and
73certifying transcripts of record in appellate proceedings,
74prepared by attorney for appellant or someone else other than
75clerk, per page     5.00
76     (2)  For preparing, numbering, and indexing an original
77record of appellate proceedings, per instrument     3.50
78     (3)  For certifying copies of any instrument in the public
79records     2.00
80     (4)  For verifying any instrument presented for
81certification prepared by someone other than clerk, per page
82     3.50
83     (5)(a)  For making copies by photographic process of any
84instrument in the public records consisting of pages of not more
85than 14 inches by 8 1/2 inches, per page     1.00
86     (b)  For making copies by photographic process of any
87instrument in the public records of more than 14 inches by 8 1/2
88inches, per page     5.00
89     (6)  For making microfilm copies of any public records:
90     (a)  16 mm 100′ microfilm roll     42.00
91     (b)  35 mm 100′ microfilm roll     60.00
92     (c)  Microfiche, per fiche     3.50
93     (7)  For copying any instrument in the public records by
94other than photographic process, per page     6.00
95     (8)  For writing any paper other than herein specifically
96mentioned, same as for copying, including signing and sealing
97     7.00
98     (9)  For indexing each entry not recorded     1.00
99     (10)  For receiving money into the registry of court:
100     (a)1.  First $500, percent     3
101     2.  Each subsequent $100, percent     1.5
102     (b)  Eminent domain actions, per deposit     170.00
103     (11)  For examining, certifying, and recording plats and
104for recording condominium exhibits larger than 14 inches by 8
1051/2 inches:
106     (a)  First page     30.00
107     (b)  Each additional page     15.00
108     (12)  For recording, indexing, and filing any instrument
109not more than 14 inches by 8 1/2 inches, including required
110notice to property appraiser where applicable:
111     (a)  First page or fraction thereof     5.00
112     (b)  Each additional page or fraction thereof     4.00
113     (c)  For indexing instruments recorded in the official
114records which contain more than four names, per additional name
115     1.00
116     (d)  An additional service charge shall be paid to the
117clerk of the circuit court to be deposited in the Public Records
118Modernization Trust Fund for each instrument listed in s.
11928.222, except judgments received from the courts and notices of
120lis pendens, recorded in the official records:
121     1.  First page     1.00
122     2.  Each additional page     0.50
123
124Said fund shall be held in trust by the clerk and used
125exclusively for equipment and maintenance of equipment,
126personnel training, and technical assistance in modernizing the
127public records system of the office. In a county where the duty
128of maintaining official records exists in an office other than
129the office of the clerk of the circuit court, the clerk of the
130circuit court is entitled to 25 percent of the moneys deposited
131into the trust fund for equipment, maintenance of equipment,
132training, and technical assistance in modernizing the system for
133storing records in the office of the clerk of the circuit court.
134The fund may not be used for the payment of travel expenses,
135membership dues, bank charges, staff-recruitment costs, salaries
136or benefits of employees, construction costs, general operating
137expenses, or other costs not directly related to obtaining and
138maintaining equipment for public records systems or for the
139purchase of furniture or office supplies and equipment not
140related to the storage of records. On or before December 1,
1411995, and on or before December 1 of each year immediately
142preceding each year during which the trust fund is scheduled for
143legislative review under s. 19(f)(2), Art. III of the State
144Constitution, each clerk of the circuit court shall file a
145report on the Public Records Modernization Trust Fund with the
146President of the Senate and the Speaker of the House of
147Representatives. The report must itemize each expenditure made
148from the trust fund since the last report was filed; each
149obligation payable from the trust fund on that date; and the
150percentage of funds expended for each of the following:
151equipment, maintenance of equipment, personnel training, and
152technical assistance. The report must indicate the nature of the
153system each clerk uses to store, maintain, and retrieve public
154records and the degree to which the system has been upgraded
155since the creation of the trust fund.
156     (e)  An additional service charge of $4 per page shall be
157paid to the clerk of the circuit court for each instrument
158listed in s. 28.222, except judgments received from the courts
159and notices of lis pendens, recorded in the official records.
160From the additional $4 service charge collected:
161     1.  If the counties maintain legal responsibility for the
162costs of the court-related technology needs as defined in s.
16329.008(1)(f)2. and (h), 10 cents shall be distributed to the
164Florida Association of Court Clerks and Comptroller, Inc., for
165the cost of development, implementation, operation, and
166maintenance of the clerks' Comprehensive Case Information
167System, in which system all clerks shall participate on or
168before January 1, 2006; $1.90 shall be retained by the clerk to
169be deposited in the Public Records Modernization Trust Fund and
170used exclusively for funding court-related technology needs of
171the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
172be distributed to the board of county commissioners to be used
173exclusively to fund court-related technology, and court
174technology needs as defined in s. 29.008(1)(f)2. and (h) for the
175state trial courts, state attorney, public defender, and
176criminal conflict and civil regional counsel in that county. If
177the counties maintain legal responsibility for the costs of the
178court-related technology needs as defined in s. 29.008(1)(f)2.
179and (h), notwithstanding any other provision of law, the county
180is not required to provide additional funding beyond that
181provided herein for the court-related technology needs of the
182clerk as defined in s. 29.008(1)(f)2. and (h). All court records
183and official records are the property of the State of Florida,
184including any records generated as part of the Comprehensive
185Case Information System funded pursuant to this paragraph and
186the clerk of court is designated as the custodian of such
187records, except in a county where the duty of maintaining
188official records exists in a county office other than the clerk
189of court or comptroller, such county office is designated the
190custodian of all official records, and the clerk of court is
191designated the custodian of all court records. The clerk of
192court or any entity acting on behalf of the clerk of court,
193including an association, shall not charge a fee to any agency
194as defined in s. 119.011, the Legislature, or the State Court
195System for copies of records generated by the Comprehensive Case
196Information System or held by the clerk of court or any entity
197acting on behalf of the clerk of court, including an
198association.
199     2.  If the state becomes legally responsible for the costs
200of court-related technology needs as defined in s.
20129.008(1)(f)2. and (h), whether by operation of general law or
202by court order, $4 shall be remitted to the Department of
203Revenue for deposit into the General Revenue Fund.
204     (13)  Oath, administering, attesting, and sealing, not
205otherwise provided for herein     3.50
206     (14)  For validating certificates, any authorized bonds,
207each     3.50
208     (15)  For preparing affidavit of domicile     5.00
209     (16)  For exemplified certificates, including signing and
210sealing     7.00
211     (17)  For authenticated certificates, including signing and
212sealing     7.00
213     (18)(a)  For issuing and filing a subpoena for a witness,
214not otherwise provided for herein (includes writing, preparing,
215signing, and sealing)     7.00
216     (b)  For signing and sealing only     2.00
217     (19)  For approving bond     8.50
218     (20)  For searching of records, for each year's search     2.00
219     (21)  For processing an application for a tax deed sale
220(includes application, sale, issuance, and preparation of tax
221deed, and disbursement of proceeds of sale), other than excess
222proceeds     60.00
223     (22)  For disbursement of excess proceeds of tax deed sale,
224first $100 or fraction thereof     10.00
225     (23)  Upon receipt of an application for a marriage
226license, for preparing and administering of oath; issuing,
227sealing, and recording of the marriage license; and providing a
228certified copy     30.00
229     (24)  For solemnizing matrimony     30.00
230     (25)  For sealing any court file or expungement of any
231record     42.00
232     (26)(a)  For receiving and disbursing all restitution
233payments, per payment     3.50
234     (b)  For receiving and disbursing all partial payments,
235other than restitution payments, for which an administrative
236processing service charge is not imposed pursuant to s. 28.246,
237per month     5.00
238     (c)  For setting up a payment plan, a one-time
239administrative processing charge in lieu of a per month charge
240under paragraph (b)     25.00
241     (27)  Postal charges incurred by the clerk of the circuit
242court in any mailing by certified or registered mail shall be
243paid by the party at whose instance the mailing is made.
244     (28)  For furnishing an electronic copy of information
245contained in a computer database: a fee as provided for in
246chapter 119.
247     Section 4.  Section 28.244, Florida Statutes, is amended to
248read:
249     28.244  Refunds.-A clerk of the circuit court or a filing
250officer of another office where records are filed who receives
251payment for services provided and thereafter determines that an
252overpayment has occurred shall refund to the person who made the
253payment the amount of any overpayment that exceeds $10 $5. If
254the amount of the overpayment is $10 $5 or less, the clerk of
255the circuit court or a filing officer of another office where
256records are filed is not required to refund the amount of the
257overpayment unless the person who made the overpayment makes a
258written request.
259     Section 5.  Section 28.345, Florida Statutes, is amended to
260read:
261     28.345  State access to records; exemption from court-
262related fees and charges.-
263     (1)  Notwithstanding any other provision of law to the
264contrary, the clerk of the circuit court shall provide without
265charge to the state attorney, public defender, guardian ad
266litem, public guardian, attorney ad litem, criminal conflict and
267civil regional counsel, and private court-appointed counsel paid
268by the state, and to the authorized staff acting on behalf of
269each, access to and a copy of any public record. If the public
270record is exempt or confidential, the requesting party is only
271entitled by law to view or copy the exempt or confidential
272record if authority is provided in general law or the Florida
273Rules of Judicial Administration. The clerk of the circuit court
274may provide the requested public record in an electronic format
275in lieu of a paper format when the requesting entity is capable
276of accessing it in an electronic format. For purposes of this
277subsection, the term "copy of a public record" means any
278facsimile, replica, photograph, or other reproduction of a
279record.
280     (2)  Notwithstanding any other provision of this chapter or
281law to the contrary, judges and those court staff acting on
282behalf of judges, state attorneys, guardians ad litem, public
283guardians, attorneys ad litem, court-appointed private counsel,
284criminal conflict and civil regional counsel, and public
285defenders, and state agencies, while acting in their official
286capacity, and state agencies, are exempt from all court-related
287fees and charges assessed by the clerks of the circuit courts.
288     (3)  The exemptions provided in subsections (1) and (2)
289apply only to state agencies and state entities and the party
290that an agency or entity is representing. The clerk of court
291shall collect the filing fees and services charges as required
292in this chapter from all other parties.
293     Section 6.  Subsection (2) of section 50.041, Florida
294Statutes, is amended to read:
295     50.041  Proof of publication; uniform affidavits required.-
296     (2)  Each such affidavit shall be printed upon white bond
297paper containing at least 25 percent rag material and shall be 8
2981/2 inches in width and of convenient length, not less than 5
2991/2 inches. A white margin of not less than 2 1/2 inches shall
300be left at the right side of each affidavit form and upon or in
301this space shall be substantially pasted a clipping which shall
302be a true copy of the public notice or legal advertisement for
303which proof is executed. Alternatively, each such affidavit may
304be provided in electronic rather than paper form, provided the
305notarization of the affidavit complies with the requirements of
306s. 117.021.
307     Section 7.  Paragraph (d) of subsection (4) of section
308119.071, Florida Statutes, is amended to read:
309     119.071  General exemptions from inspection or copying of
310public records.-
311     (4)  AGENCY PERSONNEL INFORMATION.-
312     (d)1.a.  The home addresses, telephone numbers, social
313security numbers, and photographs of active or former law
314enforcement personnel, including correctional and correctional
315probation officers, personnel of the Department of Children and
316Family Services whose duties include the investigation of abuse,
317neglect, exploitation, fraud, theft, or other criminal
318activities, personnel of the Department of Health whose duties
319are to support the investigation of child abuse or neglect, and
320personnel of the Department of Revenue or local governments
321whose responsibilities include revenue collection and
322enforcement or child support enforcement; the home addresses,
323telephone numbers, social security numbers, photographs, and
324places of employment of the spouses and children of such
325personnel; and the names and locations of schools and day care
326facilities attended by the children of such personnel are exempt
327from s. 119.07(1).
328     b.  The home addresses, telephone numbers, and photographs
329of firefighters certified in compliance with s. 633.35; the home
330addresses, telephone numbers, photographs, and places of
331employment of the spouses and children of such firefighters; and
332the names and locations of schools and day care facilities
333attended by the children of such firefighters are exempt from s.
334119.07(1).
335     c.  The home addresses and telephone numbers of justices of
336the Supreme Court, district court of appeal judges, circuit
337court judges, and county court judges; the home addresses,
338telephone numbers, and places of employment of the spouses and
339children of justices and judges; and the names and locations of
340schools and day care facilities attended by the children of
341justices and judges are exempt from s. 119.07(1).
342     d.  The home addresses, telephone numbers, social security
343numbers, and photographs of current or former state attorneys,
344assistant state attorneys, statewide prosecutors, or assistant
345statewide prosecutors; the home addresses, telephone numbers,
346social security numbers, photographs, and places of employment
347of the spouses and children of current or former state
348attorneys, assistant state attorneys, statewide prosecutors, or
349assistant statewide prosecutors; and the names and locations of
350schools and day care facilities attended by the children of
351current or former state attorneys, assistant state attorneys,
352statewide prosecutors, or assistant statewide prosecutors are
353exempt from s. 119.07(1) and s. 24(a), Art. I of the State
354Constitution.
355     e.  The home addresses and telephone numbers of general
356magistrates, special magistrates, judges of compensation claims,
357administrative law judges of the Division of Administrative
358Hearings, and child support enforcement hearing officers; the
359home addresses, telephone numbers, and places of employment of
360the spouses and children of general magistrates, special
361magistrates, judges of compensation claims, administrative law
362judges of the Division of Administrative Hearings, and child
363support enforcement hearing officers; and the names and
364locations of schools and day care facilities attended by the
365children of general magistrates, special magistrates, judges of
366compensation claims, administrative law judges of the Division
367of Administrative Hearings, and child support enforcement
368hearing officers are exempt from s. 119.07(1) and s. 24(a), Art.
369I of the State Constitution if the general magistrate, special
370magistrate, judge of compensation claims, administrative law
371judge of the Division of Administrative Hearings, or child
372support hearing officer provides a written statement that the
373general magistrate, special magistrate, judge of compensation
374claims, administrative law judge of the Division of
375Administrative Hearings, or child support hearing officer has
376made reasonable efforts to protect such information from being
377accessible through other means available to the public. This
378sub-subparagraph is subject to the Open Government Sunset Review
379Act in accordance with s. 119.15, and shall stand repealed on
380October 2, 2013, unless reviewed and saved from repeal through
381reenactment by the Legislature.
382     f.  The home addresses, telephone numbers, and photographs
383of current or former human resource, labor relations, or
384employee relations directors, assistant directors, managers, or
385assistant managers of any local government agency or water
386management district whose duties include hiring and firing
387employees, labor contract negotiation, administration, or other
388personnel-related duties; the names, home addresses, telephone
389numbers, and places of employment of the spouses and children of
390such personnel; and the names and locations of schools and day
391care facilities attended by the children of such personnel are
392exempt from s. 119.07(1) and s. 24(a), Art. I of the State
393Constitution.
394     g.  The home addresses, telephone numbers, and photographs
395of current or former code enforcement officers; the names, home
396addresses, telephone numbers, and places of employment of the
397spouses and children of such personnel; and the names and
398locations of schools and day care facilities attended by the
399children of such personnel are exempt from s. 119.07(1) and s.
40024(a), Art. I of the State Constitution.
401     h.  The home addresses, telephone numbers, places of
402employment, and photographs of current or former guardians ad
403litem, as defined in s. 39.820; the names, home addresses,
404telephone numbers, and places of employment of the spouses and
405children of such persons; and the names and locations of schools
406and day care facilities attended by the children of such persons
407are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
408Constitution, if the guardian ad litem provides a written
409statement that the guardian ad litem has made reasonable efforts
410to protect such information from being accessible through other
411means available to the public. This sub-subparagraph is subject
412to the Open Government Sunset Review Act in accordance with s.
413119.15 and shall stand repealed on October 2, 2015, unless
414reviewed and saved from repeal through reenactment by the
415Legislature.
416     i.  The home addresses, telephone numbers, and photographs
417of current or former juvenile probation officers, juvenile
418probation supervisors, detention superintendents, assistant
419detention superintendents, juvenile justice detention officers I
420and II, juvenile justice detention officer supervisors, juvenile
421justice residential officers, juvenile justice residential
422officer supervisors I and II, juvenile justice counselors,
423juvenile justice counselor supervisors, human services counselor
424administrators, senior human services counselor administrators,
425rehabilitation therapists, and social services counselors of the
426Department of Juvenile Justice; the names, home addresses,
427telephone numbers, and places of employment of spouses and
428children of such personnel; and the names and locations of
429schools and day care facilities attended by the children of such
430personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
431the State Constitution.
432     j.  The home addresses, telephone numbers, and photographs
433of current or former public defenders, assistant public
434defenders, criminal conflict and civil regional counsel, and
435assistant criminal conflict and civil regional counsel; the home
436addresses, telephone numbers, and places of employment of the
437spouses and children of such defenders or counsel; and the names
438and locations of schools and day care facilities attended by the
439children of such defenders or counsel are exempt from s.
440119.07(1) and s. 24(a), Art. I of the State Constitution. This
441sub-subparagraph is subject to the Open Government Sunset Review
442Act in accordance with s. 119.15 and shall stand repealed on
443October 2, 2015, unless reviewed and saved from repeal through
444reenactment by the Legislature.
445     2.  An agency that is the custodian of the information
446specified in subparagraph 1. and that is not the employer of the
447officer, employee, justice, judge, or other person specified in
448subparagraph 1. shall maintain the exempt status of that
449information only if the officer, employee, justice, judge, other
450person, or employing agency of the designated employee submits a
451written request for maintenance of the exemption to the
452custodial agency. The request must specify the document type,
453name, identification number, and page number of the record that
454contains the exempt or confidential information.
455     Section 8.  Subsection (2) of section 197.542, Florida
456Statutes, is amended to read:
457     197.542  Sale at public auction.-
458     (2)  The certificateholder has the right to bid as others
459present may bid, and the property shall be struck off and sold
460to the highest bidder. The high bidder shall post with the clerk
461a nonrefundable deposit of 5 percent of the bid or $200,
462whichever is greater, at the time of the sale, to be applied to
463the sale price at the time of full payment. Notice of the
464deposit requirement must be posted at the auction site, and the
465clerk may require bidders to show their willingness and ability
466to post the deposit. If full payment of the final bid and of
467documentary stamp tax and recording fees is not made within 24
468hours, excluding weekends and legal holidays, the clerk shall
469cancel all bids, readvertise the sale as provided in this
470section, and pay all costs of the sale from the deposit. Any
471remaining funds must be applied toward the opening bid. If the
472property is redeemed prior to the clerk receiving full payment
473for the issuance of a tax deed, in order to receive a refund of
474the deposit described in this subsection, the high bidder must
475submit a request for such refund in writing to the clerk. Upon
476receipt of the refund request, the clerk shall refund the cash
477deposit. The clerk may refuse to recognize the bid of any person
478who has previously bid and refused, for any reason, to honor
479such bid.
480     Section 9.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.