House Bill 1781
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Florida House of Representatives - 1999 HB 1781
By Representative Arnall
1 A bill to be entitled
2 An act relating to the clerk of the circuit
3 court; amending s. 28.001, F.S.; redefining the
4 term "official records" to provide that the
5 official records are a general series of
6 records; amending s. 28.07, F.S.; providing
7 that instruments may be accepted and filed at
8 branch offices for recording in the Official
9 Records; amending s. 28.222, F.S.; providing
10 that a register of Official Records be made
11 available at branch offices; amending s. 40.32,
12 F.S.; extending the time period for the amount
13 of time to pay a witness or juror; amending s.
14 45.031, F.S.; requiring the successful bidder
15 at a tax deed sale to pay a deposit of 5
16 percent of the final sale price; amending s.
17 55.10, F.S.; exempting a municipality, county,
18 or the state from having to rerecord a lien;
19 amending s. 177.091, F.S.; deleting obsolete
20 language; amending s. 177.111, F.S.; deleting a
21 provision that a filed copy of a drawing be
22 made on cloth; amending s. 215.425, F.S.;
23 providing eligibility for extra compensation to
24 employees of constitutional officers; amending
25 s. 569.11, F.S.; providing that a citation for
26 possession of tobacco by a minor must be paid
27 within a certain time period; amending s.
28 741.09, F.S.; deleting obsolete language;
29 repealing s. 142.17, F.S., relating to the duty
30 of the Comptroller to prepare certain blanks;
31 repealing s. 938.09, F.S., relating to
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1 additional court costs in cases in which victim
2 is handicapped or elderly; repealing s. 938.11,
3 F.S., relating to cases in which victim is
4 handicapped or elderly; providing an effective
5 date.
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7 Be It Enacted by the Legislature of the State of Florida:
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9 Section 1. Subsection (1) of section 28.001, Florida
10 Statutes, is amended to read:
11 28.001 Definitions.--As used in this chapter:
12 (1) "Official records" means each instrument that the
13 clerk of the circuit court is required or authorized to record
14 in one general the series of books called "Official Records"
15 as provided for in s. 28.222.
16 Section 2. Section 28.07, Florida Statutes, is amended
17 to read:
18 28.07 Place of office.--The clerk of the circuit court
19 shall keep his or her office at the county seat. If the clerk
20 finds a need for branch offices, they may be located in the
21 county at places other than the county seat. Instruments
22 presented for recording in the Official Records may be
23 accepted and filed for that purpose at any branch office
24 designated by the governing body of the county for the
25 recording of instruments pursuant to s. 1, Art. VIII of the
26 State Constitution. One or more deputy clerks authorized to
27 issue process may be employed for such branch offices. The
28 Official Records books of the county must be kept at the
29 county seat. Other records and books must be kept within the
30 county but need not be kept at the county seat.
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Florida House of Representatives - 1999 HB 1781
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1 Section 3. Subsections (2) and (6) of section 28.222,
2 Florida Statutes, are amended to read:
3 28.222 Clerk to be county recorder.--
4 (2) The clerk of the circuit court shall record all
5 instruments in one general series of books called "Official
6 Records." He or she shall keep a register in which he or she
7 shall enter at the time of filing the filing number of each
8 instrument filed for record, the date and hour of filing, the
9 kind of instrument, and the names of the parties to the
10 instrument. The clerk shall maintain a general alphabetical
11 index, direct and inverse, of all instruments filed for
12 record. The register of Official Records must be available at
13 each office where official records may be filed.
14 (6) All instruments recorded in the Official Records
15 books shall always be open to the public, under the
16 supervision of the clerk, for the purpose of inspection
17 thereof and of making extracts therefrom; but the clerk shall
18 not be required to perform any service in connection with such
19 inspection or making of extracts without payment of service
20 charges as provided in s. 28.24.
21 Section 4. Section 40.32, Florida Statutes, is amended
22 to read:
23 40.32 Clerks to disburse money.--All moneys drawn from
24 the treasury under the provisions of this chapter by the clerk
25 of the court shall be disbursed by the clerk of the court as
26 far as needed in payment of jurors and witnesses for the legal
27 compensation for service during the quarterly fiscal period
28 for which said moneys were drawn and for no other purposes.
29 Jurors and witnesses shall be paid by the clerk of the court
30 either in cash or by warrant within 20 10 days of completion
31 of jury service or of completion of service as a witness.
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1 Whenever the clerk of the court pays a juror or witness by
2 cash, said juror or witness shall sign the payroll in the
3 presence of the clerk, a deputy clerk, or some other person
4 designated by the clerk. Whenever the clerk pays a juror or
5 witness by warrant, he or she shall endorse on the payroll
6 opposite the juror's or witness's name the words "Paid by
7 warrant," giving the number and date of the warrant.
8 Section 5. Subsection (2) of section 45.031, Florida
9 Statutes, is amended to read:
10 45.031 Judicial sales procedure.--In any sale of real
11 or personal property under an order or judgment, the following
12 procedure may be followed as an alternative to any other sale
13 procedure if so ordered by the court:
14 (2) DEPOSIT REQUIRED.--At the time of the sale, the
15 successful high bidder shall post with the clerk a deposit
16 equal to 5 percent of the final bid or $1,000, whichever is
17 less. The deposit shall be applied to the sale price at the
18 time of payment. If final payment is not made within the
19 prescribed period, the clerk shall readvertise the sale as
20 provided in this section and pay all costs of the sale from
21 the deposit. Any remaining funds shall be applied toward the
22 judgment.
23 Section 6. Subsection (2) of section 55.10, Florida
24 Statutes, is amended to read:
25 55.10 Judgments, orders, and decrees; lien of all,
26 generally; extension of liens; transfer of liens to other
27 security.--
28 (2) The lien provided for in subsection (1) may be
29 extended for an additional period of 7 years by rerecording a
30 certified copy of the judgment, order, or decree within the
31 90-day period preceding the expiration of the lien provided
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1 for in subsection (1) and by simultaneously recording an
2 affidavit with the current address of the person who has a
3 lien as a result of the judgment, order, or decree. The lien
4 will not be extended unless the affidavit with the current
5 address is simultaneously recorded. Any public official or
6 governmental entity recording a judgment lien on behalf of a
7 municipality, county, or the state is exempt from this
8 subsection and the lien will be automatically extended in
9 accordance with the statute of limitations as provided in s.
10 55.081, unless otherwise satisfied.
11 Section 7. Subsection (1) of section 177.091, Florida
12 Statutes, 1998 Supplement, is amended to read:
13 177.091 Plats made for recording.--Every plat of a
14 subdivision offered for recording shall conform to the
15 following:
16 (1) It shall be:
17 (a) An original drawing made with black permanent
18 drawing ink or varitype process on a good grade linen tracing
19 cloth or with a suitable permanent black drawing ink on a
20 stable base film, a minimum of 0.003 inches thick, coated upon
21 completion with a suitable plastic material to prevent flaking
22 and to assure permanent legibility; or
23 (b) A nonadhered scaled print on a stable base film
24 made by photographic processes from a film scribing tested for
25 residual hypo testing solution to assure permanency.
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27 Marginal lines, standard certificates and approval forms shall
28 be printed on the plat with a permanent black drawing ink. A
29 print or photographic copy of the original drawing shall be
30 submitted with the original drawing.
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1 Section 8. Section 177.111, Florida Statutes, is
2 amended to read:
3 177.111 Instructions for filing plat.--After the
4 approval by the appropriate governing body required by s.
5 177.071, the plat shall be recorded by the circuit court clerk
6 or other recording officer upon submission thereto of such
7 approved plat. The circuit court clerk or other recording
8 officer shall maintain in his or her office a book of the
9 proper size for such papers so that they shall not be folded,
10 to be kept in the vault. A print or photographic copy on
11 cloth shall be filed in a similar book and kept in his or her
12 office for the use of the public. The clerk shall make
13 available to the public a full size copy of the record plat at
14 a reasonable fee.
15 Section 9. Section 215.425, Florida Statutes, 1998
16 Supplement, is amended to read:
17 215.425 Extra compensation claims prohibited.--No
18 extra compensation shall be made to any officer, agent,
19 employee, or contractor after the service has been rendered or
20 the contract made; nor shall any money be appropriated or paid
21 on any claim the subject matter of which has not been provided
22 for by preexisting laws, unless such compensation or claim is
23 allowed by a law enacted by two-thirds of the members elected
24 to each house of the Legislature. However, when adopting
25 salary schedules for a fiscal year, a district school board or
26 community college district board of trustees may apply the
27 schedule for payment of all services rendered subsequent to
28 July 1 of that fiscal year. The provisions of this section do
29 not apply to extra compensation given to state employees who
30 are included within the senior management group pursuant to
31 rules adopted by the Department of Management Services; to
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1 extra compensation given to county, municipal, or special
2 district employees pursuant to policies adopted by county or
3 municipal ordinances or resolutions of governing boards of
4 special districts or to employees of a constitutional officer
5 by written policy of the office; or to a clothing and
6 maintenance allowance given to plainclothes deputies pursuant
7 to s. 30.49.
8 Section 10. Subsection (3) of section 569.11, Florida
9 Statutes, is amended to read:
10 569.11 Possession, misrepresenting age or military
11 service to purchase, and purchase of tobacco products by
12 persons under 18 years of age prohibited; penalties;
13 jurisdiction; disposition of fines.--
14 (3) Any person under 18 years of age cited for
15 committing a noncriminal violation under this section must
16 sign and accept a civil citation indicating a promise to
17 appear before the county court or comply with the requirement
18 for paying the fine and must attend a school-approved
19 anti-tobacco program, if locally available. If a fine is
20 assessed for a violation of this section or s. 569.12, the
21 fine must be paid within 30 days of the date of the citation
22 or, if a court appearance is mandatory, within 30 days of the
23 date of the hearing.
24 Section 11. Section 741.09, Florida Statutes, is
25 amended to read:
26 741.09 Record of license and certificate.--The county
27 court judge and clerk of the circuit court shall keep in good
28 and substantially bound books a correct record of all marriage
29 licenses issued, with the names of the parties and the date of
30 issuing, and upon the return of the license and certificate
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1 shall enter therein the name of the person solemnizing the
2 marriage and the date of marriage and of the return.
3 Section 12. Section 142.17, Florida Statutes, is
4 repealed.
5 Section 13. Section 938.09, Florida Statutes, is
6 repealed.
7 Section 14. Section 938.11, Florida Statutes, 1998
8 Supplement, is repealed.
9 Section 15. This act shall take effect upon becoming a
10 law.
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13 HOUSE SUMMARY
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Revises provisions of law relating to the clerk of the
15 circuit court. Redefines the term "official records" to
provide that the records are one general series called
16 Official Records. Provides that instruments may be
accepted and filed at branch offices for recording in the
17 Official Records and that a register of Official Records
shall be made available at branch offices. Extends the
18 time period to 20 days for the amount of time to pay a
witness or juror. Requires a successful bidder at a tax
19 deed sale to pay a deposit of 5 percent of the final sale
price. Exempts a municipality, county, or the state from
20 having to rerecord a lien. Eliminates a provision of law
requiring that a filed copy of a drawing be done on
21 cloth. Provides eligibility for extra compensation to
employees of described constitutional officers. Provides
22 that a citation for possession of tobacco by a minor must
be paid within 30 days of the date of the citation or, if
23 a court appearance is mandatory, within 30 days of the
appearance. See bill for details.
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