HB 149

1
A bill to be entitled
2An act relating to website notice of foreclosure
3action; creating s. 50.015, F.S.; providing that a
4legal publication, advertisement, or notice of
5foreclosure action may be placed on a publicly
6accessible Internet website of a clerk of court in
7lieu of publication in any other form of media;
8providing criteria for the publicly accessible
9Internet website; providing for user access to the
10website; providing for access by clerks of court and
11chief judges; providing requirements for the website
12provider; providing posting requirements; authorizing
13the clerk of court to contract with a publicly
14accessible Internet website provider; providing for
15terms and revenue sharing in the contract; amending s.
16702.035, F.S.; providing for notice of foreclosure
17action to be posted on a publicly accessible Internet
18website; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 50.015, Florida Statutes, is created to
23read:
24     50.015  Legal publication, advertisement, or notice of
25foreclosure action on a publicly accessible Internet website.-
26     (1)  A legal publication, advertisement, or notice of
27foreclosure action required by s. 702.035 may be placed on a
28publicly accessible website of the clerk of court in lieu of
29publication in any other form of media.
30     (2)  For purposes of this section, a publicly accessible
31Internet website must:
32     (a)  Be approved for legal publication, advertisement, and
33notice by the Florida Clerks of Court Operations Corporation.
34     (b)1.  Maintain a legal publication, advertisement, or
35notice of foreclosure action for 90 days following the first day
36of posting or for as long as provided in paragraph (6)(b) or
37paragraph (6)(c).
38     2.  Maintain all legal publications, advertisements, or
39notice of foreclosure action searchable and accessible to users
40for 10 years following the first day of posting.
41     (c)  Receive at least 100,000 total impressions per month,
42which must be certified by a recognized Internet search engine.
43For the purpose of this paragraph, the term "impression" means
44the time at which a notice is viewed once by a visitor on an
45Internet web page.
46     (d)  Maintain 24-hour customer support, along with live
47electronic communication and telephone support for a minimum of
4812 hours per day during peak-time usage.
49     (e)  Post information other than the legal publication,
50advertisement, or notice of foreclosure action in English and
51Spanish.
52     (f)  Post online tutorials for users.
53     (g)  Be maintained on a data center that is compliant with
54the Statement on Auditing Standards No. 70. The website provider
55shall provide a certificate of compliance to each clerk of the
56court.
57     (3)(a)  A user may not be required to register with the
58website and may not be charged for access to postings of legal
59publications, advertisements, or notices of foreclosure actions
60which are posted as provided in subparagraph (2)(b)1.
61     (b)  A user may be required to register with the website in
62order to access postings of legal publications, advertisements,
63or notices of foreclosure actions which are posted as provided
64in subparagraph (2)(b)2. Each clerk of court may allow a fee and
65determine an amount that the website provider may charge a user
66to access postings of legal publications, advertisements, or
67notices of foreclosure actions which are posted as provided in
68subparagraph (2)(b)2.
69     (4)(a)  Each clerk of court and deputy clerk shall have 24-
70hour access at no charge to all records relevant to the legal
71publications, advertisements, or notices of foreclosure action
72in the county of each clerk of court through a fully secure
73portal accessed by a distinct user name and password.
74     (b)  The chief judge of each judicial circuit, and his or
75her designee, shall have access at no charge to all documents
76published or maintained on the website.
77     (5)  The website provider shall develop and maintain on
78file, and provide to the clerk of court and the chief judge of
79each judicial circuit, a disaster recovery plan for the website.
80     (6)(a)  The website provider shall publish its affidavits
81electronically in substantial conformity with ss. 50.041 and
8250.051, and may use an electronic notary seal.
83     (b)  Legal publication, advertisement, or notice of
84foreclosure action shall be posted within 3 business days,
85excluding court holidays, after the date for the foreclosure
86sale is set, and shall continue for 10 days after the
87foreclosure sale or for 90 consecutive days, whichever period is
88longer. This paragraph does not affect the requirements for the
89manner and time for constructive service by publication provided
90by chapter 49 or the manner and time for notices of sale
91provided in s. 45.031 if the notice provided in this section
92continues for the 90-day period.
93     (c)  If the defendant refuses to accept or evades service
94or if the agent serving process is unable to effect service,
95legal publication, advertisement, or notice of foreclosure
96action shall be posted on the website beginning on the date that
97the affidavit of nonservice is recorded and shall continue
98through the conclusion of the action or for 90 consecutive days,
99whichever period is longer.
100     (7)  The legal publication, advertisement, or notice of
101foreclosure action on the website must conform substantially
102with the requirements of s. 50.011, unless inconsistent with
103this section.
104     (8)  Each clerk of court may contract with a publicly
105accessible Internet website provider for legal publication,
106advertisement, or notice of foreclosure action as required by s.
107702.035. Fees for publication shall be consistent with s.
10850.061.
109     (a)  The website provider shall provide to the clerk of
110court a quarterly accounting of revenue generated.
111     (b)  The website provider shall remit to the clerk of court
11250 percent of all net revenue generated from the publication
113fees for legal publication, advertisement, or notice of
114foreclosure action.
115     (c)  The website provider shall deposit, by electronic
116transfer at no cost to the clerk of court, the clerk of court's
117share of the net revenue generated monthly by the 5th day of the
118following month. Between each monthly deposit, the revenue shall
119be held as provided by the contract between the website provider
120and the clerk of court.
121     Section 2.  Section 702.035, Florida Statutes, is amended
122to read:
123     702.035  Legal notice concerning foreclosure proceedings.-
124Whenever a legal advertisement, publication, or notice relating
125to a foreclosure proceeding is required to be placed in a
126newspaper or posted on a publicly accessible Internet website as
127provided in s. 50.015, it is the responsibility of the
128petitioner or petitioner's attorney to place such advertisement,
129publication, or notice. Unless posted on a publicly accessible
130Internet website, for counties with more than 1 million total
131population as reflected in the 2000 Official Decennial Census of
132the United States Census Bureau as shown on the official website
133of the United States Census Bureau, any notice of publication
134required by this section shall be deemed to have been published
135in accordance with the law if the notice is published in a
136newspaper that has been entered as a periodical matter at a post
137office in the county in which the newspaper is published, is
138published a minimum of 5 days a week, exclusive of legal
139holidays, and has been in existence and published a minimum of 5
140days a week, exclusive of legal holidays, for 1 year or is a
141direct successor to a newspaper that has been in existence for 1
142year that has been published a minimum of 5 days a week,
143exclusive of legal holidays. The advertisement, publication, or
144notice shall be placed directly by the attorney for the
145petitioner, by the petitioner if acting pro se, or by the clerk
146of the court. Only the actual costs charged by the newspaper or
147Internet website provider for the advertisement, publication, or
148notice may be charged as costs in the action.
149     Section 3.  This act shall take effect April 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.