1 | A bill to be entitled |
2 | An act relating to website notice of foreclosure |
3 | action; creating s. 50.015, F.S.; providing that a |
4 | legal publication, advertisement, or notice of |
5 | foreclosure action may be placed on a publicly |
6 | accessible Internet website of a clerk of court in |
7 | lieu of publication in any other form of media; |
8 | providing criteria for the publicly accessible |
9 | Internet website; providing for user access to the |
10 | website; providing for access by clerks of court and |
11 | chief judges; providing requirements for the website |
12 | provider; providing posting requirements; authorizing |
13 | the clerk of court to contract with a publicly |
14 | accessible Internet website provider; providing for |
15 | terms and revenue sharing in the contract; amending s. |
16 | 702.035, F.S.; providing for notice of foreclosure |
17 | action to be posted on a publicly accessible Internet |
18 | website; providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Section 50.015, Florida Statutes, is created to |
23 | read: |
24 | 50.015 Legal publication, advertisement, or notice of |
25 | foreclosure action on a publicly accessible Internet website.- |
26 | (1) A legal publication, advertisement, or notice of |
27 | foreclosure action required by s. 702.035 may be placed on a |
28 | publicly accessible website of the clerk of court in lieu of |
29 | publication in any other form of media. |
30 | (2) For purposes of this section, a publicly accessible |
31 | Internet website must: |
32 | (a) Be approved for legal publication, advertisement, and |
33 | notice by the Florida Clerks of Court Operations Corporation. |
34 | (b)1. Maintain a legal publication, advertisement, or |
35 | notice of foreclosure action for 90 days following the first day |
36 | of posting or for as long as provided in paragraph (6)(b) or |
37 | paragraph (6)(c). |
38 | 2. Maintain all legal publications, advertisements, or |
39 | notice of foreclosure action searchable and accessible to users |
40 | for 10 years following the first day of posting. |
41 | (c) Receive at least 100,000 total impressions per month, |
42 | which must be certified by a recognized Internet search engine. |
43 | For the purpose of this paragraph, the term "impression" means |
44 | the time at which a notice is viewed once by a visitor on an |
45 | Internet web page. |
46 | (d) Maintain 24-hour customer support, along with live |
47 | electronic communication and telephone support for a minimum of |
48 | 12 hours per day during peak-time usage. |
49 | (e) Post information other than the legal publication, |
50 | advertisement, or notice of foreclosure action in English and |
51 | Spanish. |
52 | (f) Post online tutorials for users. |
53 | (g) Be maintained on a data center that is compliant with |
54 | the Statement on Auditing Standards No. 70. The website provider |
55 | shall provide a certificate of compliance to each clerk of the |
56 | court. |
57 | (3)(a) A user may not be required to register with the |
58 | website and may not be charged for access to postings of legal |
59 | publications, advertisements, or notices of foreclosure actions |
60 | which are posted as provided in subparagraph (2)(b)1. |
61 | (b) A user may be required to register with the website in |
62 | order to access postings of legal publications, advertisements, |
63 | or notices of foreclosure actions which are posted as provided |
64 | in subparagraph (2)(b)2. Each clerk of court may allow a fee and |
65 | determine an amount that the website provider may charge a user |
66 | to access postings of legal publications, advertisements, or |
67 | notices of foreclosure actions which are posted as provided in |
68 | subparagraph (2)(b)2. |
69 | (4)(a) Each clerk of court and deputy clerk shall have 24- |
70 | hour access at no charge to all records relevant to the legal |
71 | publications, advertisements, or notices of foreclosure action |
72 | in the county of each clerk of court through a fully secure |
73 | portal accessed by a distinct user name and password. |
74 | (b) The chief judge of each judicial circuit, and his or |
75 | her designee, shall have access at no charge to all documents |
76 | published or maintained on the website. |
77 | (5) The website provider shall develop and maintain on |
78 | file, and provide to the clerk of court and the chief judge of |
79 | each judicial circuit, a disaster recovery plan for the website. |
80 | (6)(a) The website provider shall publish its affidavits |
81 | electronically in substantial conformity with ss. 50.041 and |
82 | 50.051, and may use an electronic notary seal. |
83 | (b) Legal publication, advertisement, or notice of |
84 | foreclosure action shall be posted within 3 business days, |
85 | excluding court holidays, after the date for the foreclosure |
86 | sale is set, and shall continue for 10 days after the |
87 | foreclosure sale or for 90 consecutive days, whichever period is |
88 | longer. This paragraph does not affect the requirements for the |
89 | manner and time for constructive service by publication provided |
90 | by chapter 49 or the manner and time for notices of sale |
91 | provided in s. 45.031 if the notice provided in this section |
92 | continues for the 90-day period. |
93 | (c) If the defendant refuses to accept or evades service |
94 | or if the agent serving process is unable to effect service, |
95 | legal publication, advertisement, or notice of foreclosure |
96 | action shall be posted on the website beginning on the date that |
97 | the affidavit of nonservice is recorded and shall continue |
98 | through the conclusion of the action or for 90 consecutive days, |
99 | whichever period is longer. |
100 | (7) The legal publication, advertisement, or notice of |
101 | foreclosure action on the website must conform substantially |
102 | with the requirements of s. 50.011, unless inconsistent with |
103 | this section. |
104 | (8) Each clerk of court may contract with a publicly |
105 | accessible Internet website provider for legal publication, |
106 | advertisement, or notice of foreclosure action as required by s. |
107 | 702.035. Fees for publication shall be consistent with s. |
108 | 50.061. |
109 | (a) The website provider shall provide to the clerk of |
110 | court a quarterly accounting of revenue generated. |
111 | (b) The website provider shall remit to the clerk of court |
112 | 50 percent of all net revenue generated from the publication |
113 | fees for legal publication, advertisement, or notice of |
114 | foreclosure action. |
115 | (c) The website provider shall deposit, by electronic |
116 | transfer at no cost to the clerk of court, the clerk of court's |
117 | share of the net revenue generated monthly by the 5th day of the |
118 | following month. Between each monthly deposit, the revenue shall |
119 | be held as provided by the contract between the website provider |
120 | and the clerk of court. |
121 | Section 2. Section 702.035, Florida Statutes, is amended |
122 | to read: |
123 | 702.035 Legal notice concerning foreclosure proceedings.- |
124 | Whenever a legal advertisement, publication, or notice relating |
125 | to a foreclosure proceeding is required to be placed in a |
126 | newspaper or posted on a publicly accessible Internet website as |
127 | provided in s. 50.015, it is the responsibility of the |
128 | petitioner or petitioner's attorney to place such advertisement, |
129 | publication, or notice. Unless posted on a publicly accessible |
130 | Internet website, for counties with more than 1 million total |
131 | population as reflected in the 2000 Official Decennial Census of |
132 | the United States Census Bureau as shown on the official website |
133 | of the United States Census Bureau, any notice of publication |
134 | required by this section shall be deemed to have been published |
135 | in accordance with the law if the notice is published in a |
136 | newspaper that has been entered as a periodical matter at a post |
137 | office in the county in which the newspaper is published, is |
138 | published a minimum of 5 days a week, exclusive of legal |
139 | holidays, and has been in existence and published a minimum of 5 |
140 | days a week, exclusive of legal holidays, for 1 year or is a |
141 | direct successor to a newspaper that has been in existence for 1 |
142 | year that has been published a minimum of 5 days a week, |
143 | exclusive of legal holidays. The advertisement, publication, or |
144 | notice shall be placed directly by the attorney for the |
145 | petitioner, by the petitioner if acting pro se, or by the clerk |
146 | of the court. Only the actual costs charged by the newspaper or |
147 | Internet website provider for the advertisement, publication, or |
148 | notice may be charged as costs in the action. |
149 | Section 3. This act shall take effect April 1, 2012. |