Florida Senate - 2013                                     SB 556
       
       
       
       By Senator Ring
       
       
       
       
       29-00363A-13                                           2013556__
    1                        A bill to be entitled                      
    2         An act relating to clerks of the court; amending s.
    3         28.13, F.S.; providing requirements for the storage of
    4         papers and electronic filings and requiring that they
    5         be stamped with the date and time of submission;
    6         requiring the clerk to retain control and custody of
    7         filed documents; amending s. 28.222, F.S.; authorizing
    8         the clerk to remove certain court records from the
    9         Official Records; amending s. 28.24, F.S.; deleting
   10         provisions exempting specified persons from service
   11         fees; amending s. 28.244, F.S.; increasing the
   12         threshold amount for automatic repayment of
   13         overpayments; amending s. 28.345, F.S.; requiring that
   14         the clerk provide access to public records without
   15         charge to certain persons, subject to a limitation and
   16         an exception; authorizing the clerk to provide public
   17         records in an electronic format under certain
   18         circumstances; amending s. 57.081, F.S.; clarifying
   19         that, with the exception of charges for issuance of a
   20         summons, the prepayment of costs is not required upon
   21         a certification of indigence; amending s. 57.082,
   22         F.S.; providing for the inclusion of certain filing
   23         fees in payment plans; amending s. 101.151, F.S.;
   24         clarifying when the office title “Clerk of the Circuit
   25         Court and Comptroller” may be used; amending s.
   26         119.0714, F.S.; requiring that certain requests for
   27         maintenance of a public record exemption specify
   28         certain information; amending s. 194.032, F.S.;
   29         requiring that the property appraiser, rather than the
   30         clerk, provide the property record card to a
   31         petitioner regardless of whether the petitioner
   32         initiates evidence exchange; amending s. 197.502,
   33         F.S.; providing for the payment of fees for initial
   34         and subsequent title searches and specifying that they
   35         must be added to the opening bid; specifying that the
   36         opening bid on an individual certificate must include
   37         accrued delinquent taxes; specifying that the opening
   38         bid on a county-held or individual certificate must
   39         include interest and costs related to service of
   40         notice; authorizing the clerk to collect from the
   41         certificateholder all amounts included in the opening
   42         bid before the sale, subject to certain exceptions;
   43         providing for the accrual of interest and for
   44         calculation of the opening bid for individual
   45         certificates placed on the list of lands available for
   46         taxes; deleting a requirement that fees collected be
   47         refunded to the certificateholder if a tax deed sale
   48         is canceled; making technical changes; amending s.
   49         197.542, F.S.; specifying the bid process for tax deed
   50         sales at public auction; providing for the accrual of
   51         interest and calculation of the opening bid; requiring
   52         the clerk to notify the certificateholder of any
   53         amounts that must be paid; requiring the
   54         certificateholder to remit payment within a specified
   55         time; authorizing the clerk to issue a refund to the
   56         depositor if a property is redeemed before the clerk
   57         receives full payment for the issuance of a tax deed;
   58         providing for cancelation of a tax deed application
   59         within a specified timeframe; amending s. 197.582,
   60         F.S.; providing a procedure for the disbursement of
   61         proceeds from a tax deed sale if delinquent or current
   62         taxes are due; amending s. 938.30, F.S.; providing
   63         that the state is not required to pay fees to enforce
   64         judgment for costs and fines; providing an effective
   65         date.
   66  
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Section 28.13, Florida Statutes, is amended to
   70  read:
   71         28.13 To keep Papers and electronic filings.—The clerk of
   72  the circuit court must maintain shall keep all papers and
   73  electronic filings filed in the clerk’s office with the utmost
   74  care and security, storing them with related case arranged in
   75  appropriate files and affixing a stamp, which may be electronic,
   76  to each submission indicating (endorsing upon each the date and
   77  time that when the submission same was filed. The clerk may),
   78  and shall not permit any attorney or other person to remove
   79  filed documents from the control or custody take papers once
   80  filed out of the office of the clerk without leave of the court,
   81  except as otherwise is hereinafter provided by law.
   82         Section 2. Present subsections (4) through (6) of section
   83  28.222, Florida Statutes, are renumbered as subsections (5)
   84  through (7), respectively, and a new subsection (4) is added to
   85  that section to read:
   86         28.222 Clerk to be county recorder.—
   87         (4)The county recorder shall remove recorded court
   88  documents from the Official Records pursuant to a sealing or
   89  expunction order.
   90         Section 3. Section 28.24, Florida Statutes, is amended to
   91  read:
   92         28.24 Service charges by clerk of the circuit court.—The
   93  clerk of the circuit court shall charge for services rendered
   94  manually or electronically by the clerk’s office in recording
   95  documents and instruments and in performing other specified the
   96  duties. These charges may enumerated in amounts not to exceed
   97  those specified in this section, except as provided in s.
   98  28.345. Notwithstanding any other provision of this section, the
   99  clerk of the circuit court shall provide without charge to the
  100  state attorney, public defender, guardian ad litem, public
  101  guardian, attorney ad litem, criminal conflict and civil
  102  regional counsel, and private court-appointed counsel paid by
  103  the state, and to the authorized staff acting on behalf of each,
  104  access to and a copy of any public record, if the requesting
  105  party is entitled by law to view the exempt or confidential
  106  record, as maintained by and in the custody of the clerk of the
  107  circuit court as provided in general law and the Florida Rules
  108  of Judicial Administration. The clerk of the circuit court may
  109  provide the requested public record in an electronic format in
  110  lieu of a paper format when capable of being accessed by the
  111  requesting entity.
  112  
  113  Charges
  114  
  115         (1) For examining, comparing, correcting, verifying, and
  116  certifying transcripts of record in appellate proceedings,
  117  prepared by attorney for appellant or someone else other than
  118  clerk, per page.............................................5.00
  119         (2) For preparing, numbering, and indexing an original
  120  record of appellate proceedings, per instrument.............3.50
  121         (3) For certifying copies of any instrument in the public
  122  records.....................................................2.00
  123         (4) For verifying any instrument presented for
  124  certification prepared by someone other than clerk, per page3.50
  125         (5)(a) For making copies by photographic process of any
  126  instrument in the public records consisting of pages of not more
  127  than 14 inches by 8 1/2 inches, per page....................1.00
  128         (b) For making copies by photographic process of any
  129  instrument in the public records of more than 14 inches by 8 1/2
  130  inches, per page............................................5.00
  131         (6) For making microfilm copies of any public records:
  132         (a) 16 mm 100′ microfilm roll.......................42.00
  133         (b) 35 mm 100′ microfilm roll.......................60.00
  134         (c) Microfiche, per fiche............................3.50
  135         (7) For copying any instrument in the public records by
  136  other than photographic process, per page...................6.00
  137         (8) For writing any paper other than herein specifically
  138  mentioned, same as for copying, including signing and sealing7.00
  139         (9) For indexing each entry not recorded.............1.00
  140         (10) For receiving money into the registry of court:
  141         (a)1. First $500, percent...............................3
  142         2. Each subsequent $100, percent......................1.5
  143         (b) Eminent domain actions, per deposit............170.00
  144         (11) For examining, certifying, and recording plats and for
  145  recording condominium exhibits larger than 14 inches by 8 1/2
  146  inches:
  147         (a) First page......................................30.00
  148         (b) Each additional page............................15.00
  149         (12) For recording, indexing, and filing any instrument not
  150  more than 14 inches by 8 1/2 inches, including required notice
  151  to property appraiser where applicable:
  152         (a) First page or fraction thereof...................5.00
  153         (b) Each additional page or fraction thereof.........4.00
  154         (c) For indexing instruments recorded in the official
  155  records which contain more than four names, per additional name1.00
  156         (d) An additional service charge must shall be paid to the
  157  clerk of the circuit court to be deposited in the Public Records
  158  Modernization Trust Fund for each instrument listed in s.
  159  28.222, except judgments received from the courts and notices of
  160  lis pendens, recorded in the official records:
  161         1. First page........................................1.00
  162         2. Each additional page..............................0.50
  163  
  164  Said fund must shall be held in trust by the clerk and used
  165  exclusively for equipment and maintenance of equipment,
  166  personnel training, and technical assistance in modernizing the
  167  public records system of the office. In a county where the duty
  168  of maintaining official records exists in an office other than
  169  the office of the clerk of the circuit court, the clerk of the
  170  circuit court is entitled to 25 percent of the moneys deposited
  171  into the trust fund for equipment, maintenance of equipment,
  172  training, and technical assistance in modernizing the system for
  173  storing records in the office of the clerk of the circuit court.
  174  The fund may not be used for the payment of travel expenses,
  175  membership dues, bank charges, staff-recruitment costs, salaries
  176  or benefits of employees, construction costs, general operating
  177  expenses, or other costs not directly related to obtaining and
  178  maintaining equipment for public records systems or for the
  179  purchase of furniture or office supplies and equipment not
  180  related to the storage of records. On or before December 1,
  181  1995, and on or before December 1 of each year immediately
  182  preceding each year during which the trust fund is scheduled for
  183  legislative review under s. 19(f)(2), Art. III of the State
  184  Constitution, each clerk of the circuit court shall file a
  185  report on the Public Records Modernization Trust Fund with the
  186  President of the Senate and the Speaker of the House of
  187  Representatives. The report must itemize each expenditure made
  188  from the trust fund since the last report was filed; each
  189  obligation payable from the trust fund on that date; and the
  190  percentage of funds expended for each of the following:
  191  equipment, maintenance of equipment, personnel training, and
  192  technical assistance. The report must indicate the nature of the
  193  system each clerk uses to store, maintain, and retrieve public
  194  records and the degree to which the system has been upgraded
  195  since the creation of the trust fund.
  196         (e) An additional service charge of $4 per page shall be
  197  paid to the clerk of the circuit court for each instrument
  198  listed in s. 28.222, except judgments received from the courts
  199  and notices of lis pendens, recorded in the official records.
  200  From the additional $4 service charge collected:
  201         1. If the counties maintain legal responsibility for the
  202  costs of the court-related technology needs as defined in s.
  203  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  204  Florida Association of Court Clerks and Comptrollers, Inc., for
  205  the cost of development, implementation, operation, and
  206  maintenance of the clerks’ Comprehensive Case Information
  207  System; $1.90 shall be retained by the clerk to be deposited in
  208  the Public Records Modernization Trust Fund and used exclusively
  209  for funding court-related technology needs of the clerk as
  210  defined in s. 29.008(1)(f)2. and (h); and $2 shall be
  211  distributed to the board of county commissioners to be used
  212  exclusively to fund court-related technology, and court
  213  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  214  state trial courts, state attorney, public defender, and
  215  criminal conflict and civil regional counsel in that county. If
  216  the counties maintain legal responsibility for the costs of the
  217  court-related technology needs as defined in s. 29.008(1)(f)2.
  218  and (h), notwithstanding any other provision of law, the county
  219  is not required to provide additional funding beyond that
  220  provided herein for the court-related technology needs of the
  221  clerk as defined in s. 29.008(1)(f)2. and (h). All court records
  222  and official records are the property of the State of Florida,
  223  including any records generated as part of the Comprehensive
  224  Case Information System funded pursuant to this paragraph and
  225  the clerk of court is designated as the custodian of such
  226  records, except in a county where the duty of maintaining
  227  official records exists in a county office other than the clerk
  228  of court or comptroller, such county office is designated the
  229  custodian of all official records, and the clerk of court is
  230  designated the custodian of all court records. The clerk of
  231  court or any entity acting on behalf of the clerk of court,
  232  including an association, may shall not charge a fee to any
  233  agency as defined in s. 119.011, the Legislature, or the State
  234  Court System for copies of records generated by the
  235  Comprehensive Case Information System or held by the clerk of
  236  court or any entity acting on behalf of the clerk of court,
  237  including an association.
  238         2. If the state becomes legally responsible for the costs
  239  of court-related technology needs as defined in s.
  240  29.008(1)(f)2. and (h), whether by operation of general law or
  241  by court order, $4 shall be remitted to the Department of
  242  Revenue for deposit into the General Revenue Fund.
  243         (13) Oath, administering, attesting, and sealing, not
  244  otherwise provided for herein...............................3.50
  245         (14) For validating certificates, any authorized bonds,
  246  each........................................................3.50
  247         (15) For preparing affidavit of domicile.............5.00
  248         (16) For exemplified certificates, including signing and
  249  sealing.....................................................7.00
  250         (17) For authenticated certificates, including signing and
  251  sealing.....................................................7.00
  252         (18)(a) For issuing and filing a subpoena for a witness,
  253  not otherwise provided for herein (includes writing, preparing,
  254  signing, and sealing).......................................7.00
  255         (b) For signing and sealing only.....................2.00
  256         (19) For approving bond..............................8.50
  257         (20) For searching of records, for each year’s search2.00
  258         (21) For processing an application for a tax deed sale
  259  (includes application, sale, issuance, and preparation of tax
  260  deed, and disbursement of proceeds of sale), other than excess
  261  proceeds...................................................60.00
  262         (22) For disbursement of excess proceeds of tax deed sale,
  263  first $100 or fraction thereof.............................10.00
  264         (23) Upon receipt of an application for a marriage license,
  265  for preparing and administering of oath; issuing, sealing, and
  266  recording of the marriage license; and providing a certified
  267  copy.......................................................30.00
  268         (24) For solemnizing matrimony......................30.00
  269         (25) For sealing any court file or expungement of any
  270  record.....................................................42.00
  271         (26)(a) For receiving and disbursing all restitution
  272  payments, per payment.......................................3.50
  273         (b) For receiving and disbursing all partial payments,
  274  other than restitution payments, for which an administrative
  275  processing service charge is not imposed pursuant to s. 28.246,
  276  per month...................................................5.00
  277         (c) For setting up a payment plan, a one-time
  278  administrative processing charge in lieu of a per month charge
  279  under paragraph (b)........................................25.00
  280         (27) Postal charges incurred by the clerk of the circuit
  281  court in any mailing by certified or registered mail must shall
  282  be paid by the party at whose instance the mailing is made.
  283         (28) For furnishing an electronic copy of information
  284  contained in a computer database: a fee as provided for in
  285  chapter 119.
  286         Section 4. Section 28.244, Florida Statutes, is amended to
  287  read:
  288         28.244 Refunds.—A clerk of the circuit court or a filing
  289  officer of another office where records are filed who receives
  290  payment for services provided and thereafter determines that an
  291  overpayment has occurred shall refund to the person who made the
  292  payment the amount of any overpayment that exceeds $10 $5. If
  293  the amount of the overpayment is $10 $5 or less, the clerk of
  294  the circuit court or a filing officer of another office where
  295  records are filed is not required to refund the amount of the
  296  overpayment unless the person who made the overpayment makes a
  297  written request.
  298         Section 5. Section 28.345, Florida Statutes, is amended to
  299  read:
  300         28.345 State access to records; exemption from court
  301  related fees and charges.—
  302         (1)Notwithstanding any other provision of law, the clerk
  303  of the circuit court shall, upon request, provide access to
  304  public records without charge to the state attorney, public
  305  defender, guardian ad litem, public guardian, attorney ad litem,
  306  criminal conflict and civil regional counsel, and private court
  307  appointed counsel paid by the state, and to authorized staff
  308  acting on their behalf. The clerk of court shall also provide a
  309  copy of a public record by facsimile, replica, photograph, or
  310  other reproduction. If the public record is exempt or
  311  confidential, the requesting party may view or copy the exempt
  312  or confidential record only if authority is provided in general
  313  law or the Florida Rules of Judicial Administration. The clerk
  314  of court may provide the requested public record in an
  315  electronic format in lieu of a paper format when the requesting
  316  entity is capable of accessing it electronically.
  317         (2) Notwithstanding any other provision of this chapter or
  318  law to the contrary, judges and those court staff acting on
  319  behalf of judges, state attorneys, guardians ad litem, public
  320  guardians, attorneys ad litem, court-appointed private counsel,
  321  criminal conflict and civil regional counsel, and public
  322  defenders, and state agencies, while acting in their official
  323  capacity, and state agencies, are exempt from all court-related
  324  fees and charges assessed by the clerks of the circuit courts.
  325         (3)The exemptions provided in this section apply only to
  326  state agencies and state entities and the party represented by
  327  the agency or entity. The clerk of court shall collect from all
  328  other parties the filing fees and service charges as required in
  329  this chapter.
  330         Section 6. Subsection (1) of section 57.081, Florida
  331  Statutes, is amended to read:
  332         57.081 Costs; right to proceed where prepayment of costs
  333  and payment of filing fees waived.—
  334         (1) Any indigent person, except a prisoner as defined in s.
  335  57.085, who is a party or intervenor in any judicial or
  336  administrative agency proceeding or who initiates such
  337  proceeding shall receive the services of the courts, sheriffs,
  338  and clerks, with respect to such proceedings, despite his or her
  339  present inability to pay for these services. Such services are
  340  limited to filing fees; service of process; certified copies of
  341  orders or final judgments; a single photocopy of any court
  342  pleading, record, or instrument filed with the clerk; examining
  343  fees; mediation services and fees; private court-appointed
  344  counsel fees; subpoena fees and services; service charges for
  345  collecting and disbursing funds; and any other cost or service
  346  arising out of pending litigation. In any appeal from an
  347  administrative agency decision, for which the clerk is
  348  responsible for preparing the transcript, the clerk shall record
  349  the cost of preparing the transcripts and the cost for copies of
  350  any exhibits in the record. Prepayment of costs to any court,
  351  clerk, or sheriff is not required and payment of filing fees is
  352  not required in any action if the party has obtained in each
  353  proceeding a certification of indigence in accordance with s.
  354  27.52 or s. 57.082 A party who has obtained a certification of
  355  indigence pursuant to s. 27.52 or s. 57.082 with respect to a
  356  proceeding is not required to prepay costs to a court, clerk, or
  357  sheriff and is not required to pay filing fees or charges for
  358  issuance of a summons.
  359         Section 7. Subsection (6) of section 57.082, Florida
  360  Statutes, is amended to read:
  361         57.082 Determination of civil indigent status.—
  362         (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
  363  clerk or the court determines is indigent for civil proceedings
  364  under this section shall be enrolled in a payment plan under s.
  365  28.246 and shall be charged a one-time administrative processing
  366  charge under s. 28.24(26)(c). A monthly payment amount,
  367  calculated based upon all fees and all anticipated costs, is
  368  presumed to correspond to the person’s ability to pay if it does
  369  not exceed 2 percent of the person’s annual net income, as
  370  defined in subsection (1), divided by 12. The person may seek
  371  review of the clerk’s decisions regarding a payment plan
  372  established under s. 28.246 in the court having jurisdiction
  373  over the matter. A case may not be impeded in any way, delayed
  374  in filing, or delayed in its progress, including the final
  375  hearing and order, due to nonpayment of any fees or costs by an
  376  indigent person. Filing fees waived from payment under s. 57.081
  377  may not be included in the calculation related to a payment plan
  378  established under this section.
  379         Section 8. Paragraph (a) of subsection (2) of section
  380  101.151, Florida Statutes, is amended to read:
  381         101.151 Specifications for ballots.—
  382         (2)(a) The ballot must include shall have the following
  383  office titles above under which shall appear the names of the
  384  candidates for the respective offices in the following order:
  385         1. The office titles of President and Vice President above
  386  and thereunder the names of the candidates for President and
  387  Vice President of the United States nominated by the political
  388  party that received the highest vote for Governor in the last
  389  general election of the Governor in this state, followed by.
  390  Then shall appear the names of other candidates for President
  391  and Vice President of the United States who have been properly
  392  nominated.
  393         2. The office titles of United States Senator and
  394  Representative in Congress.
  395         3. The office titles of Governor and Lieutenant Governor;
  396  Attorney General; Chief Financial Officer; Commissioner of
  397  Agriculture; State Attorney, with the applicable judicial
  398  circuit; and Public Defender, with the applicable judicial
  399  circuit.
  400         4.  The office titles of State Senator and State
  401  Representative, with the applicable district for the office
  402  printed beneath.
  403         5. The office titles of Clerk of the Circuit Court, or,
  404  when the Clerk of the Circuit Court also serves as the County
  405  Comptroller, Clerk of the Circuit Court and Comptroller,
  406  (whichever is applicable and when authorized by law;), Clerk of
  407  the County Court, (when authorized by law;), Sheriff;, Property
  408  Appraiser;, Tax Collector;, District Superintendent of Schools;,
  409  and Supervisor of Elections.
  410         6. The office titles of Board of County Commissioners, with
  411  the applicable district printed beneath each office, and such
  412  other county and district offices as are involved in the
  413  election, in the order fixed by the Department of State,
  414  followed, in the year of their election, by “Party Offices,” and
  415  thereunder the offices of state and county party executive
  416  committee members.
  417         Section 9. Paragraph (f) is added to subsection (2) of
  418  section 119.0714, Florida Statutes, and section (3) is amended,
  419  to read:
  420         119.0714 Court files; court records; official records.—
  421         (2) COURT RECORDS.—
  422         (f)A request for maintenance of a public records exemption
  423  in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must
  424  specify the document type, name, identification number, and page
  425  number of the court record that contains the exempt information.
  426         (3) OFFICIAL RECORDS.—
  427         (a)A Any person who prepares or files a record for
  428  recording in the official records as provided in chapter 28 may
  429  not include in that record a social security number or a bank
  430  account, debit, charge, or credit card number unless otherwise
  431  expressly required by law.
  432         (a)(b)1. If a social security number or a bank account,
  433  debit, charge, or credit card number is included in an official
  434  record, such number may be made available as part of the
  435  official records available for public inspection and copying
  436  unless redaction is requested by the holder of such number or by
  437  the holder’s attorney or legal guardian.
  438         1.2. If such record is in electronic format, on January 1,
  439  2011, and thereafter, the county recorder must use his or her
  440  best effort, as provided in paragraph (d)(h), to keep social
  441  security numbers confidential and exempt as provided for in s.
  442  119.071(5)(a), and to keep complete bank account, debit, charge,
  443  and credit card numbers exempt as provided for in s.
  444  119.071(5)(b), without any person having to request redaction.
  445         2.3. Section 119.071(5)(a)7. and 8. does not apply to the
  446  county recorder with respect to official records.
  447         (b)(c) The holder of a social security number or a bank
  448  account, debit, charge, or credit card number, or the holder’s
  449  attorney or legal guardian, may request that a county recorder
  450  redact from an image or copy of an official record placed on a
  451  county recorder’s publicly available Internet website or on a
  452  publicly available Internet website used by a county recorder to
  453  display public records, or otherwise made electronically
  454  available to the public, his or her social security number or
  455  bank account, debit, charge, or credit card number contained in
  456  that official record.
  457         1.(d) A request for redaction must be a signed, legibly
  458  written request and must be delivered by mail, facsimile,
  459  electronic transmission, or in person to the county recorder.
  460  The request must specify the identification page number of the
  461  record that contains the number to be redacted.
  462         2.(e) The county recorder does not have a duty to inquire
  463  beyond the written request to verify the identity of a person
  464  requesting redaction.
  465         3.(f) A fee may not be charged for redacting a social
  466  security number or a bank account, debit, charge, or credit card
  467  number.
  468         (c)(g) A county recorder shall immediately and
  469  conspicuously post signs throughout his or her offices for
  470  public viewing, and shall immediately and conspicuously post on
  471  any Internet website or remote electronic site made available by
  472  the county recorder and used for the ordering or display of
  473  official records or images or copies of official records, a
  474  notice stating, in substantially similar form, the following:
  475         1. On or after October 1, 2002, any person preparing or
  476  filing a record for recordation in the official records may not
  477  include a social security number or a bank account, debit,
  478  charge, or credit card number in such document unless required
  479  by law.
  480         2. Any person has a right to request a county recorder to
  481  remove from an image or copy of an official record placed on a
  482  county recorder’s publicly available Internet website or on a
  483  publicly available Internet website used by a county recorder to
  484  display public records, or otherwise made electronically
  485  available to the general public, any social security number
  486  contained in an official record. Such request must be made in
  487  writing and delivered by mail, facsimile, or electronic
  488  transmission, or delivered in person, to the county recorder.
  489  The request must specify the identification page number that
  490  contains the social security number to be redacted. A fee may
  491  not be charged for the redaction of a social security number
  492  pursuant to such a request.
  493         (d)(h) If the county recorder accepts or stores official
  494  records in an electronic format, the county recorder must use
  495  his or her best efforts to redact all social security numbers
  496  and bank account, debit, charge, or credit card numbers from
  497  electronic copies of the official record. The use of an
  498  automated program for redaction is shall be deemed to be the
  499  best effort in performing the redaction and is shall be deemed
  500  in compliance with the requirements of this subsection.
  501         (e)(i) The county recorder is not liable for the
  502  inadvertent release of social security numbers, or bank account,
  503  debit, charge, or credit card numbers, filed with the county
  504  recorder.
  505         (f)A request for maintenance of a public records exemption
  506  in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must
  507  specify the document type, name, identification number, and page
  508  number of the official record that contains the exempt
  509  information.
  510         Section 10. Paragraph (a) of subsection (2) of section
  511  194.032, Florida Statutes, is amended to read:
  512         194.032 Hearing purposes; timetable.—
  513         (2)(a) The clerk of the governing body of the county shall
  514  prepare a schedule of appearances before the board based on
  515  petitions timely filed with him or her. The clerk shall notify
  516  each petitioner of the scheduled time of his or her appearance
  517  at least 25 calendar days before the day of the scheduled
  518  appearance. The notice must shall indicate whether the petition
  519  has been scheduled to be heard at a particular time or during a
  520  block of time. If the petition has been scheduled to be heard
  521  within a block of time, the beginning and ending of that block
  522  of time must shall be indicated on the notice; however, as
  523  provided in paragraph (b), a petitioner may not be required to
  524  wait for more than a reasonable time, not to exceed 2 hours,
  525  after the beginning of the block of time. If the petitioner
  526  checked the appropriate box on the petition form to request a
  527  copy of the property record card containing relevant information
  528  used in computing the current assessment, the property appraiser
  529  must provide the copy to the petitioner upon receipt of the
  530  petition from the clerk regardless of whether the petitioner
  531  initiates evidence exchange clerk shall provide the copy of the
  532  card along with the notice. Upon receipt of the notice, the
  533  petitioner may reschedule the hearing a single time by
  534  submitting to the clerk a written request to reschedule, at
  535  least 5 calendar days before the day of the originally scheduled
  536  hearing.
  537         Section 11. Subsections (5) through (10) of section
  538  197.502, Florida Statutes, are amended, and a new subsection (7)
  539  is added to that section, to read:
  540         197.502 Application for obtaining tax deed by holder of tax
  541  sale certificate; fees.—
  542         (5)(a) The tax collector may contract with a title company
  543  or an abstract company to provide the minimum information
  544  required in subsection (4), consistent with rules adopted by the
  545  department. If additional information is required, the tax
  546  collector must make a written request to the title or abstract
  547  company stating the additional requirements. The tax collector
  548  may select any title or abstract company, regardless of its
  549  location, as long as the fee is reasonable, the minimum
  550  information is submitted, and the title or abstract company is
  551  authorized to do business in this state. The tax collector may
  552  advertise and accept bids for the title or abstract company if
  553  he or she considers it appropriate to do so.
  554         1. The ownership and encumbrance report must include the
  555  letterhead of the person, firm, or company that makes the
  556  search, and the signature of the individual who makes the search
  557  or of an officer of the firm. The tax collector is not liable
  558  for payment to the firm unless these requirements are met. The
  559  report may be submitted to the tax collector in an electronic
  560  format.
  561         2. The tax collector may not accept or pay for any title
  562  search or abstract if financial responsibility is not assumed
  563  for the search. However, reasonable restrictions as to the
  564  liability or responsibility of the title or abstract company are
  565  acceptable. Notwithstanding s. 627.7843(3), the tax collector
  566  may contract for higher maximum liability limits.
  567         3. In order to establish uniform prices for ownership and
  568  encumbrance reports within the county, the tax collector must
  569  ensure that the contract for ownership and encumbrance reports
  570  include all requests for title searches or abstracts for a given
  571  period of time.
  572         (b) The fee Any fee paid for an initial a title search or
  573  abstract must be collected at the time of application under
  574  subsection (1), and the amount of the fee must be added to the
  575  opening bid. The certificateholder shall pay for additional
  576  requested title searches that were not paid for at the time of
  577  application, and this amount shall be added to the opening bid.
  578         (c) The clerk shall advertise and administer the sale and
  579  receive such fees for the issuance of the deed and sale of the
  580  property as provided in s. 28.24.
  581         (6) The opening bid:
  582         (a) On county-held certificates on nonhomestead property is
  583  shall be the sum of the value of all outstanding certificates
  584  against the property, plus omitted years’ taxes, delinquent
  585  taxes, interest, and all costs and fees paid by the county.
  586         (b) On an individual certificate must include, in addition
  587  to the amount of money paid to the tax collector by the
  588  certificateholder at the time of application, the amount
  589  required to redeem the applicant’s tax certificate and all other
  590  costs and fees paid by the applicant, plus all tax certificates
  591  that were sold or delinquent taxes that accrued subsequent to
  592  the filing of the tax deed application and omitted taxes, if
  593  any.
  594         (c)On a county-held or individual certificate must include
  595  interest at the rate of 1.5 percent per month for the period
  596  running from the month after the date of application for the
  597  deed through the month of sale, and costs incurred for the
  598  service of notice provided for in s. 197.522(2).
  599         (d)(c) On property assessed on the latest tax roll open for
  600  collection under s. 197.322 as homestead property must shall
  601  include, in addition to the amount of money required for an
  602  opening bid on nonhomestead property, an amount equal to one
  603  half of the latest assessed value of the homestead.
  604         (7)In advance of the sale, the clerk may collect from the
  605  certificateholder all amounts included in the opening bid,
  606  including all costs and fees related to the sale and any tax
  607  certificates or delinquent taxes accrued subsequent to the tax
  608  deed application, but excluding interest and funds to cover the
  609  one-half value of the homestead. Documentary stamp taxes and
  610  recording fees collected before the sale do not accrue interest
  611  as provided in paragraph (6)(c).
  612         (8)(7) On county-held certificates for which there are no
  613  bidders at the public sale, the clerk shall enter the land on a
  614  list entitled “lands available for taxes” and shall immediately
  615  notify the county commission and any all other persons holding
  616  certificates against the property that the property is
  617  available. During the first 90 days after the property is placed
  618  on the list, the county may purchase the land for the opening
  619  bid or may waive its rights to purchase the property.
  620  Thereafter, any person, the county, or any other governmental
  621  unit may purchase the property from the clerk, without further
  622  notice or advertising, for the opening bid, except that if the
  623  county or other governmental unit is the purchaser for its own
  624  use, the board of county commissioners may cancel omitted years’
  625  taxes, as provided under s. 197.447. If the county does not
  626  elect to purchase the property, the county must notify each
  627  legal titleholder of property contiguous to the property
  628  available for taxes, as provided in paragraph (4)(h), before
  629  expiration of the 90-day period. Interest on the opening bid on
  630  county-held certificates continues to accrue through the month
  631  of sale that the property is on the list of lands available for
  632  taxes, as prescribed in paragraph (6)(c) by s. 197.542. For
  633  individual certificates placed on the list of lands available
  634  for taxes in accordance with s. 197.542, interest accrues at the
  635  interest rate bid for the certificate upon which the tax deed
  636  application was made for the period running from the month after
  637  the property is placed on the list of lands available for taxes
  638  through the month of sale that it is purchased off the list of
  639  lands available for taxes. When calculating the opening bid for
  640  purchase of property that is on the list of lands available for
  641  taxes, the bid amount must reflect the homestead status of the
  642  property on the latest tax roll open for collection under s.
  643  197.322. If a property is purchased by the titleholder when the
  644  property is on the list of lands available for taxes, the
  645  opening bid may not include the amount for one-half value of the
  646  homestead specified in paragraph (6)(d), regardless of the
  647  homestead status of the property.
  648         (9)(8) Taxes may not be extended against parcels listed as
  649  lands available for taxes, but in each year the taxes that would
  650  have been due must shall be treated as omitted years and added
  651  to the required opening minimum bid. Unless purchased from the
  652  list of lands available for taxes, the land escheats to the
  653  county in which it is located, free and clear, 3 Three years
  654  after the day the land was offered for public sale, the land
  655  shall escheat to the county in which it is located, free and
  656  clear. All tax certificates, accrued taxes, and liens of any
  657  nature against the property shall be deemed canceled as a matter
  658  of law and of no further legal force and effect, and the clerk
  659  shall execute an escheatment tax deed vesting title in the board
  660  of county commissioners of the county in which the land is
  661  located.
  662         (a) When a property escheats to the county under this
  663  subsection, the county is not subject to any liability imposed
  664  by chapter 376 or chapter 403 for preexisting soil or
  665  groundwater contamination due solely to its ownership. However,
  666  this subsection does not affect the rights or liabilities of any
  667  past or future owners of the escheated property and does not
  668  affect the liability of any governmental entity for the results
  669  of its actions that create or exacerbate a pollution source.
  670         (b) The county and the Department of Environmental
  671  Protection may enter into a written agreement for the
  672  performance, funding, and reimbursement of the investigative and
  673  remedial acts necessary for a property that escheats to the
  674  county.
  675         (10)(9) Consolidated applications on more than one tax
  676  certificate are allowed, but a separate statement shall be
  677  issued pursuant to subsection (4), and a separate tax deed shall
  678  be issued pursuant to s. 197.552, for each parcel of property
  679  shown on the tax certificate.
  680         (10) Any fees collected pursuant to this section shall be
  681  refunded to the certificateholder in the event that the tax deed
  682  sale is canceled for any reason.
  683         Section 12. Section 197.542, Florida Statutes, is amended
  684  to read:
  685         197.542 Sale at public auction.—
  686         (1) Real property advertised for sale to the highest bidder
  687  as a result of an application filed under s. 197.502 shall be
  688  sold at public auction by the clerk of the circuit court, or his
  689  or her deputy, of the county where the property is located on
  690  the date, at the time, and at the location as set forth in the
  691  published notice, which must be during the regular hours the
  692  clerk’s office is open. The opening bid described in s.
  693  197.502(6) must amount required to redeem the tax certificate,
  694  plus the amounts paid by the holder to the clerk in charges for
  695  costs of sale, redemption of other tax certificates on the same
  696  property, and all other costs to the applicant for tax deed,
  697  plus interest at the rate of 1.5 percent per month for the
  698  period running from the month after the date of application for
  699  the deed through the month of sale and costs incurred for the
  700  service of notice provided for in s. 197.522(2), shall be the
  701  bid of the certificateholder for the property. If tax
  702  certificates exist or if delinquent taxes accrued subsequent to
  703  the filing of the tax deed application, the amount required to
  704  redeem such tax certificates or pay such delinquent taxes must
  705  be included in the minimum bid. However, if the land to be sold
  706  is assessed on the latest tax roll as homestead property, the
  707  bid of the certificateholder must be increased to include an
  708  amount equal to one-half of the assessed value of the homestead
  709  property as required by s. 197.502. If there are no higher bids,
  710  the property shall be struck off and sold to the
  711  certificateholder, who shall pay to the clerk the documentary
  712  stamp tax, recording fees due, and any unpaid amounts included
  713  in the opening minimum bid, excluding interest, the documentary
  714  stamp tax, and recording fees due. The clerk shall notify the
  715  certificateholder of any amounts that must be paid so that the
  716  clerk may strike off the property and sell it to the
  717  certificateholder. The certificateholder shall remit payment of
  718  such amount within 7 business days of the date on the
  719  notification. Upon payment, a tax deed shall be issued and
  720  recorded by the clerk.
  721         (2) The certificateholder has the right to bid as others
  722  present may bid, and the property shall be struck off and sold
  723  to the highest bidder. The high bidder shall post with the clerk
  724  a nonrefundable deposit of 5 percent of the bid or $200,
  725  whichever is greater, at the time of the sale, to be applied to
  726  the sale price at the time of full payment. Notice of the
  727  deposit requirement must be posted at the auction site, and the
  728  clerk may require bidders to show their willingness and ability
  729  to post the deposit. If full payment of the final bid and of
  730  documentary stamp tax and recording fees is not made by the high
  731  bidder within 24 hours, excluding weekends and legal holidays,
  732  the clerk shall cancel all bids, readvertise the sale as
  733  provided in this section, and pay all costs of the sale from the
  734  deposit. Any remaining funds must be applied toward the opening
  735  bid. If the property is redeemed before the clerk receives full
  736  payment for the issuance of a tax deed, the high bidder must
  737  submit to the clerk a written request for a refund of the
  738  deposit. Upon receipt of the refund request, the clerk shall
  739  refund the cash deposit. The clerk may refuse to recognize the
  740  bid of any person who has previously bid and refused, for any
  741  reason, to honor such bid.
  742         (3) A certificateholder may request in writing that the tax
  743  collector cancel his or her tax deed application up to 2
  744  business days before the scheduled sale date and, upon receipt,
  745  the tax collector shall cancel the application and consider it
  746  abandoned. The clerk shall cancel the tax deed sale upon
  747  notification from the tax collector.
  748         (4)(3) If the sale is canceled for any reason, or the high
  749  bidder buyer fails to make full payment within the time
  750  required, the clerk shall immediately readvertise the sale to be
  751  held within 30 days after the date the sale was canceled. Only
  752  one advertisement is necessary. If it is not possible to
  753  reschedule the sale within 30 days, the clerk must follow the
  754  standard notice provisions specified in s. 197.522. The
  755  certificateholder shall promptly pay to the clerk, upon request,
  756  additional costs for such rescheduled sale, including any fees
  757  for additional title searches. If fees for additional title
  758  searches are required, the clerk must remit such fees to the tax
  759  collector upon receipt.
  760         (a) The amount of the opening bid shall be increased by the
  761  cost of advertising, additional clerk’s fees as provided for in
  762  s. 28.24(21), and interest as provided for in s. 197.502(6)(c)
  763  subsection (1). This process must be repeated until the property
  764  is sold and the clerk receives full payment from the high bidder
  765  or the clerk does not receive any bids other than the bid of the
  766  certificateholder. The clerk must receive full payment before
  767  the issuance of the tax deed.
  768         (b) If there are no higher bids than the opening bid and
  769  the certificateholder fails to pay any additional amounts
  770  required within 7 business days of notification of the amount
  771  due, the sale must be canceled and the property must be
  772  readvertised for sale within 30 days as provided in this
  773  section. The certificateholder is responsible for payment of any
  774  additional costs relating to the resale, as determined by the
  775  clerk.
  776         (c) If there are no bidders at the subsequent sale and the
  777  certificateholder refuses to pay the one-half value of the
  778  homestead, the clerk may not advertise the sale again and must
  779  place the property on the list of lands available for taxes.
  780         (d) If there are no bidders after the subsequent sale and
  781  the certificateholder refuses to pay any amounts due other than
  782  the one-half value of the homestead, the clerk may not advertise
  783  the sale again, must consider the tax deed application
  784  abandoned, and must notify the tax collector to cancel the
  785  application.
  786         (e) If the certificateholder refuses to pay to the tax
  787  collector or clerk any fees or costs required to bring the
  788  application to sale or resale, the tax collector must cancel the
  789  application and consider it abandoned.
  790         (5)(a)(4)(a) A clerk may conduct electronic tax deed sales
  791  in lieu of public outcry. The clerk must comply with the
  792  procedures provided in this chapter, except that electronic
  793  proxy bidding shall be allowed and the clerk may require bidders
  794  to advance sufficient funds to pay the deposit required by
  795  subsection (2). The clerk shall provide access to the electronic
  796  sale by computer terminals open to the public at a designated
  797  location. A clerk who conducts such electronic sales may receive
  798  electronic deposits and payments related to the sale. Upon
  799  acceptance of the winning bid, the portion of an advance deposit
  800  from a winning bidder required by subsection (2) is shall, upon
  801  acceptance of the winning bid, be subject to the fee specified
  802  in under s. 28.24(10).
  803         (b) This subsection does not restrict or limit the
  804  authority of a charter county to conduct electronic tax deed
  805  sales. In a charter county where the clerk of the circuit court
  806  does not conduct all electronic sales, the charter county shall
  807  be permitted to receive electronic deposits and payments related
  808  to sales it conducts, as well as to subject the winning bidder
  809  to a fee, consistent with the schedule in s. 28.24(10).
  810         (c) The costs of electronic tax deed sales shall be added
  811  to the charges for the costs of sale under subsection (1) and
  812  paid by the certificateholder when filing an application for a
  813  tax deed.
  814         Section 13. Subsection (2) of section 197.582, Florida
  815  Statutes, is amended to read:
  816         197.582 Disbursement of proceeds of sale.—
  817         (2) If the opening bid includes an amount for redemption of
  818  tax certificates or payment of delinquent taxes or omitted taxes
  819  accrued subsequent to the filing of the tax deed application,
  820  that amount must be paid in full to the tax collector before the
  821  distribution of any excess. If current taxes are due on the date
  822  of sale, the high bidder takes title subject to such current
  823  taxes. Excess funds may not be distributed to the tax collector
  824  for the payment of current taxes due at the time of the tax deed
  825  sale. If the property is purchased for an amount in excess of
  826  the opening statutory bid of the certificateholder, the excess
  827  must be paid over and disbursed by the clerk. If the property
  828  purchased is homestead property and the opening statutory bid
  829  includes an amount equal to at least one-half of the assessed
  830  value of the homestead, that amount must be treated as excess
  831  and distributed in the same manner. The clerk shall distribute
  832  the excess to the governmental units for the payment of any lien
  833  of record held by a governmental unit against the property,
  834  including any tax certificates not incorporated in the tax deed
  835  application and omitted taxes, if any. If the excess is not
  836  sufficient to pay all of such liens in full, the excess shall be
  837  paid to each governmental unit pro rata. If, after all liens of
  838  governmental units are paid in full, there remains a balance of
  839  undistributed funds, the balance shall be retained by the clerk
  840  for the benefit of persons described in s. 197.522(1)(a), except
  841  those persons described in s. 197.502(4)(h), as their interests
  842  may appear. The clerk shall mail notices to such persons
  843  notifying them of the funds held for their benefit. Any service
  844  charges, at the rate prescribed in s. 28.24(10), and costs of
  845  mailing notices shall be paid out of the excess balance held by
  846  the clerk. Excess proceeds shall be held and disbursed in the
  847  same manner as unclaimed redemption moneys in s. 197.473. If
  848  excess proceeds are not sufficient to cover the service charges
  849  and mailing costs, the clerk shall receive the total amount of
  850  excess proceeds as a service charge.
  851         Section 14. Subsections (2) and (6) of section 938.30,
  852  Florida Statutes, are amended to read:
  853         938.30 Financial obligations in criminal cases;
  854  supplementary proceedings.—
  855         (2) The court may require a person liable for payment of an
  856  obligation to appear and be examined under oath concerning the
  857  person’s financial ability to pay the obligation. The judge may
  858  convert the statutory financial obligation into a court-ordered
  859  obligation to perform community service, subject to the
  860  provisions of s. 318.18(8), after examining a person under oath
  861  and determining the a person’s inability to pay. Any person who
  862  fails failing to attend a hearing may be arrested on warrant or
  863  capias which may be issued by the clerk upon order of the court.
  864         (6) If judgment has not been previously entered on any
  865  court-imposed financial obligation, the court may enter judgment
  866  thereon and issue any writ necessary to enforce the judgment in
  867  the manner allowed in civil cases. Any judgment issued under
  868  this section constitutes a civil lien against the judgment
  869  debtor’s presently owned or after-acquired property, when
  870  recorded pursuant to s. 55.10. Supplementary proceedings
  871  undertaken by any governmental entity to satisfy a judgment
  872  imposed pursuant to this section may proceed without bond and
  873  without the payment of statutory fees associated with judgment
  874  enforcement.
  875         Section 15. This act shall take effect July 1, 2013.