Senate Bill 0606er
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2 An act relating to trust funds; re-creating the
3 Public Records Modernization Trust Fund without
4 modification; carrying forward current balances
5 and continuing current sources and uses
6 thereof; amending s. 28.24, F.S.; abrogating
7 the expiration of provisions relating to the
8 trust fund; providing an effective date.
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10 WHEREAS, the Legislature wishes to extend the life of
11 the Public Records Modernization Trust Fund, which is
12 otherwise scheduled to be terminated pursuant to
13 constitutional mandate, and
14 WHEREAS, the Legislature has reviewed the trust fund
15 before its scheduled termination date and has found that it
16 continues to meet an important public purpose, and
17 WHEREAS, the Legislature has found that existing public
18 policy concerning the trust fund sets adequate parameters for
19 its use, NOW, THEREFORE,
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. (1) The Public Records Modernization Trust
24 Fund, which is to be terminated pursuant to Section 19(f),
25 Article III of the State Constitution on November 4, 2000, is
26 re-created.
27 (2) All current balances of the trust fund are carried
28 forward, and all current sources and uses of the trust fund
29 are continued.
30 Section 2. Section 28.24, Florida Statutes, is amended
31 to read:
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1 28.24 Service charges by clerk of the circuit
2 court.--The clerk of the circuit court shall make the
3 following charges for services rendered by the clerk's office
4 in recording documents and instruments and in performing the
5 duties enumerated. However, in those counties where the
6 clerk's office operates as a fiscal unit of the county
7 pursuant to s. 145.022(1), the clerk shall not charge the
8 county for such services.
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10 Charges
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12 (1) For court attendance by each clerk or deputy
13 clerk, per day..........................................$75.00
14 (2) For court minutes, per page.................. 5.00
15 (3) For examining, comparing, correcting, verifying,
16 and certifying transcripts of record in appellate proceedings,
17 prepared by attorney for appellant or someone else other than
18 clerk, per page.......................................... 3.00
19 (4) For preparing, numbering, and indexing an original
20 record of appellate proceedings, per instrument.......... 2.00
21 (5) For certifying copies of any instrument in the
22 public records................................................
23 1.00
24 (6) For verifying any instrument presented for
25 certification prepared by someone other than clerk, per page
26 ......................................................... 2.00
27 (7) For making and reporting payrolls of jurors to
28 State Comptroller, per page, per copy.................... 5.00
29 (8)(a) For making copies by photographic process of
30 any instrument in the public records consisting of pages of
31 not more than 14 inches by 8 1/2 inches, per page....... 1.00
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1 (b) For making copies by photographic process of any
2 instrument in the public records of more than 14 inches by 8
3 1/2 inches, per page.................................... 5.00
4 (9) For making microfilm copies of any public records:
5 (a) 16 mm 100' microfilm roll................... 25.00
6 (b) 35 mm 100' microfilm roll................... 35.00
7 (c) Microfiche, per fiche........................ 2.00
8 (10) For copying any instrument in the public records
9 by other than photographic process, per page............. 4.00
10 (11) For writing any paper other than herein
11 specifically mentioned, same as for copying, including signing
12 and sealing.............................................. 4.00
13 (12) For indexing each entry not recorded........ 1.00
14 (13) For receiving money into the registry of court:
15 (a)1. First $500, percent........................... 2
16 2. Each subsequent $100, percent.................... 1
17 (b) Eminent domain actions, per deposit....... $100.00
18 (14) For examining, certifying, and recording plats
19 and for recording condominium exhibits larger than 14 inches
20 by 8 1/2 inches:
21 (a) First page ................................. 30.00
22 (b) Each additional page........................ 15.00
23 (15) For recording, indexing, and filing any
24 instrument not more than 14 inches by 8 1/2 inches, including
25 required notice to property appraiser where applicable:
26 (a) First page or fraction thereof............... 5.00
27 (b) Each additional page or fraction thereof..... 4.00
28 (c) For indexing instruments recorded in the official
29 records which contain more than four names, per additional
30 name..................................................... 1.00
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1 (d) An additional service charge shall be paid to the
2 clerk of the circuit court to be deposited in the Public
3 Records Modernization Trust Fund for each instrument listed in
4 s. 28.222, except judgments received from the courts and
5 notices of lis pendens, recorded in the official records:
6 1. First page ................................... 1.00
7 2. Each additional page ......................... 0.50
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9 Said fund shall be held in trust by the clerk and used
10 exclusively for equipment and maintenance of equipment,
11 personnel training, and technical assistance in modernizing
12 the public records system of the office. In a county where
13 the duty of maintaining official records exists in an office
14 other than the office of the clerk of the circuit court, the
15 clerk of the circuit court is entitled to 25 percent of the
16 moneys deposited into the trust fund for equipment,
17 maintenance of equipment, training, and technical assistance
18 in modernizing the system for storing records in the office of
19 the clerk of the circuit court. The fund may not be used for
20 the payment of travel expenses, membership dues, bank charges,
21 staff-recruitment costs, salaries or benefits of employees,
22 construction costs, general operating expenses, or other costs
23 not directly related to obtaining and maintaining equipment
24 for public records systems or for the purchase of furniture or
25 office supplies and equipment not related to the storage of
26 records. On or before December 1, 1995, and on or before
27 December 1 of each year immediately preceding each year during
28 which the trust fund is scheduled for legislative review under
29 s. 19(f)(2), Art. III of the State Constitution, each clerk of
30 the circuit court shall file a report on the Public Records
31 Modernization Trust Fund with the President of the Senate and
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1 the Speaker of the House of Representatives. The report must
2 itemize each expenditure made from the trust fund since the
3 last report was filed; each obligation payable from the trust
4 fund on that date; and the percentage of funds expended for
5 each of the following: equipment, maintenance of equipment,
6 personnel training, and technical assistance. The report must
7 indicate the nature of the system each clerk uses to store,
8 maintain, and retrieve public records and the degree to which
9 the system has been upgraded since the creation of the trust
10 fund. This paragraph expires November 4, 2000, and the
11 Legislature shall review this paragraph to determine the
12 necessity for the Public Records Modernization Trust Fund
13 prior to that date.
14 (16) Oath, administering, attesting, and sealing, not
15 otherwise provided for herein............................ 2.00
16 (17) For validating certificates, any authorized
17 bonds, each.............................................. 2.00
18 (18) For preparing affidavit of domicile......... 5.00
19 (19) For exemplified certificates, including signing
20 and sealing...................................................
21 4.00
22 (20) For authenticated certificates, including signing
23 and sealing...................................................
24 4.00
25 (21)(a) For issuing and filing a subpoena for a
26 witness, not otherwise provided for herein (includes writing,
27 preparing, signing, and sealing)..............................
28 4.00
29 (b) For signing and sealing only................. 1.00
30 (22) For issuing venire facias (includes writing,
31 preparing, signing, and sealing)......................... 5.00
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1 (23) For paying of witnesses and making and reporting
2 payroll to State Comptroller, per copy, per page......... 5.00
3 (24) For approving bond.......................... 5.00
4 (25) For searching of records, for each year's search
5 ......................................................... 1.00
6 (26) For processing an application for a tax deed sale
7 (includes application, sale, issuance, and preparation of tax
8 deed, and disbursement of proceeds of sale), other than excess
9 proceeds ............................................... 60.00
10 (27) For disbursement of excess proceeds of tax deed
11 sale, first $100 or fraction thereof.....................10.00
12 (28) Upon receipt of an application for a marriage
13 license, for preparing and administering of oath; issuing,
14 sealing, and recording of the marriage license; and providing
15 a certified copy........................................ 20.00
16 (29) For solemnizing matrimony.................. 20.00
17 (30) For sealing any court file or expungement of any
18 record.................................................. 25.00
19 (31) For receiving and disbursing all restitution
20 payments, per payment.................................... 2.00
21 (32) Postal charges incurred by the clerk of the
22 circuit court in any mailing by certified or registered mail
23 shall be paid by the party at whose instance the mailing is
24 made.
25 (33) For furnishing an electronic copy of information
26 contained in a computer database: a fee as provided for in
27 chapter 119.
28 Section 3. This act shall take effect November 4,
29 2000.
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