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