Florida Senate - 2012 SB 230 By Senator Wise 5-00251A-12 2012230__ 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 20 Be It Enacted by the Legislature of the State of Florida: 21 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 or 94 if the agent serving process is unable to effect service, legal 95 publication, advertisement, or notice of foreclosure action 96 shall be posted on the website beginning on the date that the 97 affidavit of nonservice is recorded and shall continue through 98 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 to 122 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.