Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 860
Barcode 492738
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/20/2012 .
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The Committee on Judiciary (Richter) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 28.13, Florida Statutes, is amended to
6 read:
7 28.13 To keep Papers and electronic filings.—The clerk of
8 the circuit court shall keep all papers and electronic filings
9 filed in the clerk’s office with the utmost care and security,
10 storing them in association with related case arranged in
11 appropriate files and affixing a stamp to the submission
12 indicating (endorsing upon each the date and time when the
13 submission same was filed. The clerk ), and shall not permit any
14 attorney or other person to remove documents, take papers once
15 filed, from the control or custody out of the office of the
16 clerk without leave of the court, except as otherwise is
17 hereinafter provided by law.
18 Section 2. Subsections (4) through (6) of section 28.222,
19 Florida Statutes, are renumbered as subsections (5) through (7),
20 respectively, and a new subsection (4) is added to that section
21 to read:
22 28.222 Clerk to be county recorder.—
23 (4) The county recorder shall remove recorded court
24 documents from the Official Records pursuant to a sealing or
25 expunction order.
26 Section 3. Section 28.24, Florida Statutes, is amended to
27 read:
28 28.24 Service charges by clerk of the circuit court.—The
29 clerk of the circuit court shall charge for services rendered by
30 the clerk’s office in recording documents and instruments and in
31 performing the duties enumerated in amounts not to exceed those
32 specified in this section, except as provided in s. 28.345.
33 Notwithstanding any other provision of this section, the clerk
34 of the circuit court shall provide without charge to the state
35 attorney, public defender, guardian ad litem, public guardian,
36 attorney ad litem, criminal conflict and civil regional counsel,
37 and private court-appointed counsel paid by the state, and to
38 the authorized staff acting on behalf of each, access to and a
39 copy of any public record, if the requesting party is entitled
40 by law to view the exempt or confidential record, as maintained
41 by and in the custody of the clerk of the circuit court as
42 provided in general law and the Florida Rules of Judicial
43 Administration. The clerk of the circuit court may provide the
44 requested public record in an electronic format in lieu of a
45 paper format when capable of being accessed by the requesting
46 entity.
47
48 Charges
49
50 (1) For examining, comparing, correcting, verifying, and
51 certifying transcripts of record in appellate proceedings,
52 prepared by attorney for appellant or someone else other than
53 clerk, per page.............................................5.00
54 (2) For preparing, numbering, and indexing an original
55 record of appellate proceedings, per instrument.............3.50
56 (3) For certifying copies of any instrument in the public
57 records.....................................................2.00
58 (4) For verifying any instrument presented for
59 certification prepared by someone other than clerk, per page3.50
60 (5)(a) For making copies by photographic process of any
61 instrument in the public records consisting of pages of not more
62 than 14 inches by 8 1/2 inches, per page....................1.00
63 (b) For making copies by photographic process of any
64 instrument in the public records of more than 14 inches by 8 1/2
65 inches, per page............................................5.00
66 (6) For making microfilm copies of any public records:
67 (a) 16 mm 100′ microfilm roll.......................42.00
68 (b) 35 mm 100′ microfilm roll.......................60.00
69 (c) Microfiche, per fiche............................3.50
70 (7) For copying any instrument in the public records by
71 other than photographic process, per page...................6.00
72 (8) For writing any paper other than herein specifically
73 mentioned, same as for copying, including signing and sealing7.00
74 (9) For indexing each entry not recorded.............1.00
75 (10) For receiving money into the registry of court:
76 (a)1. First $500, percent...............................3
77 2. Each subsequent $100, percent......................1.5
78 (b) Eminent domain actions, per deposit............170.00
79 (11) For examining, certifying, and recording plats and for
80 recording condominium exhibits larger than 14 inches by 8 1/2
81 inches:
82 (a) First page......................................30.00
83 (b) Each additional page............................15.00
84 (12) For recording, indexing, and filing any instrument not
85 more than 14 inches by 8 1/2 inches, including required notice
86 to property appraiser where applicable:
87 (a) First page or fraction thereof...................5.00
88 (b) Each additional page or fraction thereof.........4.00
89 (c) For indexing instruments recorded in the official
90 records which contain more than four names, per additional name1.00
91 (d) An additional service charge shall be paid to the clerk
92 of the circuit court to be deposited in the Public Records
93 Modernization Trust Fund for each instrument listed in s.
94 28.222, except judgments received from the courts and notices of
95 lis pendens, recorded in the official records:
96 1. First page........................................1.00
97 2. Each additional page..............................0.50
98
99 Said fund shall be held in trust by the clerk and used
100 exclusively for equipment and maintenance of equipment,
101 personnel training, and technical assistance in modernizing the
102 public records system of the office. In a county where the duty
103 of maintaining official records exists in an office other than
104 the office of the clerk of the circuit court, the clerk of the
105 circuit court is entitled to 25 percent of the moneys deposited
106 into the trust fund for equipment, maintenance of equipment,
107 training, and technical assistance in modernizing the system for
108 storing records in the office of the clerk of the circuit court.
109 The fund may not be used for the payment of travel expenses,
110 membership dues, bank charges, staff-recruitment costs, salaries
111 or benefits of employees, construction costs, general operating
112 expenses, or other costs not directly related to obtaining and
113 maintaining equipment for public records systems or for the
114 purchase of furniture or office supplies and equipment not
115 related to the storage of records. On or before December 1,
116 1995, and on or before December 1 of each year immediately
117 preceding each year during which the trust fund is scheduled for
118 legislative review under s. 19(f)(2), Art. III of the State
119 Constitution, each clerk of the circuit court shall file a
120 report on the Public Records Modernization Trust Fund with the
121 President of the Senate and the Speaker of the House of
122 Representatives. The report must itemize each expenditure made
123 from the trust fund since the last report was filed; each
124 obligation payable from the trust fund on that date; and the
125 percentage of funds expended for each of the following:
126 equipment, maintenance of equipment, personnel training, and
127 technical assistance. The report must indicate the nature of the
128 system each clerk uses to store, maintain, and retrieve public
129 records and the degree to which the system has been upgraded
130 since the creation of the trust fund.
131 (e) An additional service charge of $4 per page shall be
132 paid to the clerk of the circuit court for each instrument
133 listed in s. 28.222, except judgments received from the courts
134 and notices of lis pendens, recorded in the official records.
135 From the additional $4 service charge collected:
136 1. If the counties maintain legal responsibility for the
137 costs of the court-related technology needs as defined in s.
138 29.008(1)(f)2. and (h), 10 cents shall be distributed to the
139 Florida Association of Court Clerks and Comptroller, Inc., for
140 the cost of development, implementation, operation, and
141 maintenance of the clerks’ Comprehensive Case Information
142 System, in which system all clerks shall participate on or
143 before January 1, 2006; $1.90 shall be retained by the clerk to
144 be deposited in the Public Records Modernization Trust Fund and
145 used exclusively for funding court-related technology needs of
146 the clerk as defined in s. 29.008(1)(f)2. and (h); and $2 shall
147 be distributed to the board of county commissioners to be used
148 exclusively to fund court-related technology, and court
149 technology needs as defined in s. 29.008(1)(f)2. and (h) for the
150 state trial courts, state attorney, public defender, and
151 criminal conflict and civil regional counsel in that county. If
152 the counties maintain legal responsibility for the costs of the
153 court-related technology needs as defined in s. 29.008(1)(f)2.
154 and (h), notwithstanding any other provision of law, the county
155 is not required to provide additional funding beyond that
156 provided herein for the court-related technology needs of the
157 clerk as defined in s. 29.008(1)(f)2. and (h). All court records
158 and official records are the property of the State of Florida,
159 including any records generated as part of the Comprehensive
160 Case Information System funded pursuant to this paragraph and
161 the clerk of court is designated as the custodian of such
162 records, except in a county where the duty of maintaining
163 official records exists in a county office other than the clerk
164 of court or comptroller, such county office is designated the
165 custodian of all official records, and the clerk of court is
166 designated the custodian of all court records. The clerk of
167 court or any entity acting on behalf of the clerk of court,
168 including an association, shall not charge a fee to any agency
169 as defined in s. 119.011, the Legislature, or the State Court
170 System for copies of records generated by the Comprehensive Case
171 Information System or held by the clerk of court or any entity
172 acting on behalf of the clerk of court, including an
173 association.
174 2. If the state becomes legally responsible for the costs
175 of court-related technology needs as defined in s.
176 29.008(1)(f)2. and (h), whether by operation of general law or
177 by court order, $4 shall be remitted to the Department of
178 Revenue for deposit into the General Revenue Fund.
179 (13) Oath, administering, attesting, and sealing, not
180 otherwise provided for herein...............................3.50
181 (14) For validating certificates, any authorized bonds,
182 each........................................................3.50
183 (15) For preparing affidavit of domicile.............5.00
184 (16) For exemplified certificates, including signing and
185 sealing.....................................................7.00
186 (17) For authenticated certificates, including signing and
187 sealing.....................................................7.00
188 (18)(a) For issuing and filing a subpoena for a witness,
189 not otherwise provided for herein (includes writing, preparing,
190 signing, and sealing).......................................7.00
191 (b) For signing and sealing only.....................2.00
192 (19) For approving bond..............................8.50
193 (20) For searching of records, for each year’s search2.00
194 (21) For processing an application for a tax deed sale
195 (includes application, sale, issuance, and preparation of tax
196 deed, and disbursement of proceeds of sale), other than excess
197 proceeds...................................................60.00
198 (22) For disbursement of excess proceeds of tax deed sale,
199 first $100 or fraction thereof.............................10.00
200 (23) Upon receipt of an application for a marriage license,
201 for preparing and administering of oath; issuing, sealing, and
202 recording of the marriage license; and providing a certified
203 copy.......................................................30.00
204 (24) For solemnizing matrimony......................30.00
205 (25) For sealing any court file or expungement of any
206 record.....................................................42.00
207 (26)(a) For receiving and disbursing all restitution
208 payments, per payment.......................................3.50
209 (b) For receiving and disbursing all partial payments,
210 other than restitution payments, for which an administrative
211 processing service charge is not imposed pursuant to s. 28.246,
212 per month...................................................5.00
213 (c) For setting up a payment plan, a one-time
214 administrative processing charge in lieu of a per month charge
215 under paragraph (b)........................................25.00
216 (27) Postal charges incurred by the clerk of the circuit
217 court in any mailing by certified or registered mail shall be
218 paid by the party at whose instance the mailing is made.
219 (28) For furnishing an electronic copy of information
220 contained in a computer database: a fee as provided for in
221 chapter 119.
222 Section 4. Section 28.244, Florida Statutes, is amended to
223 read:
224 28.244 Refunds.—A clerk of the circuit court or a filing
225 officer of another office where records are filed who receives
226 payment for services provided and thereafter determines that an
227 overpayment has occurred shall refund to the person who made the
228 payment the amount of any overpayment that exceeds $10 $5. If
229 the amount of the overpayment is $10 $5 or less, the clerk of
230 the circuit court or a filing officer of another office where
231 records are filed is not required to refund the amount of the
232 overpayment unless the person who made the overpayment makes a
233 written request.
234 Section 5. Section 28.345, Florida Statutes, is amended to
235 read:
236 28.345 State access to records; exemption from court
237 related fees and charges.—
238 (1) Notwithstanding any other provision of law to the
239 contrary, the clerk of the circuit court shall provide without
240 charge to the state attorney, public defender, guardian ad
241 litem, public guardian, attorney ad litem, criminal conflict and
242 civil regional counsel, and private court-appointed counsel paid
243 by the state, and to the authorized staff acting on behalf of
244 each, access to and a copy of any public record. If the public
245 record is exempt or confidential, the requesting party is only
246 entitled by law to view or copy the exempt or confidential
247 record if authority is provided in general law or the Florida
248 Rules of Judicial Administration. The clerk of the circuit court
249 may provide the requested public record in an electronic format
250 in lieu of a paper format when the requesting entity is capable
251 of accessing it in an electronic format. For purposes of this
252 subsection, the term “copy of a public record” means any
253 facsimile, replica, photograph, or other reproduction of a
254 record.
255 (2) Notwithstanding any other provision of this chapter or
256 law to the contrary, judges and those court staff acting on
257 behalf of judges, state attorneys, guardians ad litem, public
258 guardians, attorneys ad litem, court-appointed private counsel,
259 criminal conflict and civil regional counsel, and public
260 defenders, and state agencies, while acting in their official
261 capacity, and state agencies, are exempt from all court-related
262 fees and charges assessed by the clerks of the circuit courts.
263 (3) The exemptions provided in subsections (1) and (2)
264 apply only to state agencies and state entities and the party
265 that an agency or entity is representing. The clerk of court
266 shall collect the filing fees and services charges as required
267 in this chapter from all other parties.
268 Section 6. Subsection (2) of section 50.041, Florida
269 Statutes, is amended to read:
270 50.041 Proof of publication; uniform affidavits required.—
271 (2) Each such affidavit shall be printed upon white bond
272 paper containing at least 25 percent rag material and shall be 8
273 1/2 inches in width and of convenient length, not less than 5
274 1/2 inches. A white margin of not less than 2 1/2 inches shall
275 be left at the right side of each affidavit form and upon or in
276 this space shall be substantially pasted a clipping which shall
277 be a true copy of the public notice or legal advertisement for
278 which proof is executed. Alternatively, each such affidavit may
279 be provided in electronic rather than paper form, provided the
280 notarization of the affidavit complies with the requirements of
281 s. 117.021.
282 Section 7. Subsections (2) and (3) of section 119.0714,
283 Florida Statutes, are amended to read:
284 119.0714 Court files; court records; official records.—
285 (2) COURT RECORDS.—
286 (a)1. Until January 1, 2012, if a social security number or
287 a bank account, debit, charge, or credit card number is included
288 in a court file, such number may be included as part of the
289 court record available for public inspection and copying unless
290 redaction is requested by the holder of such number or by the
291 holder’s attorney or legal guardian.
292 2.(b) A request for redaction must be a signed, legibly
293 written request specifying the case name, case number, document
294 heading, and page number. The request must be delivered by mail,
295 facsimile, electronic transmission, or in person to the clerk of
296 the court. The clerk of the court does not have a duty to
297 inquire beyond the written request to verify the identity of a
298 person requesting redaction.
299 3.(c) A fee may not be charged for the redaction of a
300 social security number or a bank account, debit, charge, or
301 credit card number pursuant to such request.
302 4.(d) The clerk of the court has no liability for the
303 inadvertent release of social security numbers, or bank account,
304 debit, charge, or credit card numbers, unknown to the clerk of
305 the court in court records filed on or before January 1, 2012.
306 5.a.(e)1. On January 1, 2012, and thereafter, the clerk of
307 the court must keep social security numbers confidential and
308 exempt as provided for in s. 119.071(5)(a), and bank account,
309 debit, charge, and credit card numbers exempt as provided for in
310 s. 119.071(5)(b), without any person having to request
311 redaction.
312 b.2. Section 119.071(5)(a)7. and 8. does not apply to the
313 clerks of the court with respect to court records.
314 (b) A request for maintenance of a public record exemption
315 in s. 119.071(4)(d)1. made pursuant to s. 119.071(4)(d)2. must
316 specify the document type, name, identification number, and page
317 number of the court record that contains the exempt information.
318 (3) OFFICIAL RECORDS.—
319 (a)1. Any person who prepares or files a record for
320 recording in the official records as provided in chapter 28 may
321 not include in that record a social security number or a bank
322 account, debit, charge, or credit card number unless otherwise
323 expressly required by law.
324 2.a.(b)1. If a social security number or a bank account,
325 debit, charge, or credit card number is included in an official
326 record, such number may be made available as part of the
327 official records available for public inspection and copying
328 unless redaction is requested by the holder of such number or by
329 the holder’s attorney or legal guardian.
330 b.2. If such record is in electronic format, on January 1,
331 2011, and thereafter, the county recorder must use his or her
332 best effort, as provided in subparagraph 8. paragraph (h), to
333 keep social security numbers confidential and exempt as provided
334 for in s. 119.071(5)(a), and to keep complete bank account,
335 debit, charge, and credit card numbers exempt as provided for in
336 s. 119.071(5)(b), without any person having to request
337 redaction.
338 c.3. Section 119.071(5)(a)7. and 8. does not apply to the
339 county recorder with respect to official records.
340 3.(c) The holder of a social security number or a bank
341 account, debit, charge, or credit card number, or the holder’s
342 attorney or legal guardian, may request that a county recorder
343 redact from an image or copy of an official record placed on a
344 county recorder’s publicly available Internet website or on a
345 publicly available Internet website used by a county recorder to
346 display public records, or otherwise made electronically
347 available to the public, his or her social security number or
348 bank account, debit, charge, or credit card number contained in
349 that official record.
350 4.(d) A request for redaction must be a signed, legibly
351 written request and must be delivered by mail, facsimile,
352 electronic transmission, or in person to the county recorder.
353 The request must specify the identification page number of the
354 record that contains the number to be redacted.
355 5.(e) The county recorder does not have a duty to inquire
356 beyond the written request to verify the identity of a person
357 requesting redaction.
358 6.(f) A fee may not be charged for redacting a social
359 security number or a bank account, debit, charge, or credit card
360 number.
361 7.(g) A county recorder shall immediately and conspicuously
362 post signs throughout his or her offices for public viewing, and
363 shall immediately and conspicuously post on any Internet website
364 or remote electronic site made available by the county recorder
365 and used for the ordering or display of official records or
366 images or copies of official records, a notice stating, in
367 substantially similar form, the following:
368 a.1. On or after October 1, 2002, any person preparing or
369 filing a record for recordation in the official records may not
370 include a social security number or a bank account, debit,
371 charge, or credit card number in such document unless required
372 by law.
373 b.2. Any person has a right to request a county recorder to
374 remove from an image or copy of an official record placed on a
375 county recorder’s publicly available Internet website or on a
376 publicly available Internet website used by a county recorder to
377 display public records, or otherwise made electronically
378 available to the general public, any social security number
379 contained in an official record. Such request must be made in
380 writing and delivered by mail, facsimile, or electronic
381 transmission, or delivered in person, to the county recorder.
382 The request must specify the identification page number that
383 contains the social security number to be redacted. A fee may
384 not be charged for the redaction of a social security number
385 pursuant to such a request.
386 8.(h) If the county recorder accepts or stores official
387 records in an electronic format, the county recorder must use
388 his or her best efforts to redact all social security numbers
389 and bank account, debit, charge, or credit card numbers from
390 electronic copies of the official record. The use of an
391 automated program for redaction shall be deemed to be the best
392 effort in performing the redaction and shall be deemed in
393 compliance with the requirements of this subsection.
394 9.(i) The county recorder is not liable for the inadvertent
395 release of social security numbers, or bank account, debit,
396 charge, or credit card numbers, filed with the county recorder.
397 (b) A request for maintenance of a public record exemption
398 in s. 119.071(4)(d)1. made pursuant to s. 119.071(4)(d)2. must
399 specify the document type, name, identification number, and page
400 number of the official record that contains the exempt
401 information.
402 Section 8. Subsection (2) of section 197.542, Florida
403 Statutes, is amended to read:
404 197.542 Sale at public auction.—
405 (2) The certificateholder has the right to bid as others
406 present may bid, and the property shall be struck off and sold
407 to the highest bidder. The high bidder shall post with the clerk
408 a nonrefundable deposit of 5 percent of the bid or $200,
409 whichever is greater, at the time of the sale, to be applied to
410 the sale price at the time of full payment. Notice of the
411 deposit requirement must be posted at the auction site, and the
412 clerk may require bidders to show their willingness and ability
413 to post the deposit. If full payment of the final bid and of
414 documentary stamp tax and recording fees is not made within 24
415 hours, excluding weekends and legal holidays, the clerk shall
416 cancel all bids, readvertise the sale as provided in this
417 section, and pay all costs of the sale from the deposit. Any
418 remaining funds must be applied toward the opening bid. If the
419 property is redeemed prior to the clerk receiving full payment
420 for the issuance of a tax deed, in order to receive a refund of
421 the deposit described in this subsection, the high bidder must
422 submit a request for such refund in writing to the clerk. Upon
423 receipt of the refund request, the clerk shall refund the cash
424 deposit. The clerk may refuse to recognize the bid of any person
425 who has previously bid and refused, for any reason, to honor
426 such bid.
427 Section 9. This act shall take effect upon becoming a law.
428
429 ================= T I T L E A M E N D M E N T ================
430 And the title is amended as follows:
431 Delete everything before the enacting clause
432 and insert:
433 A bill to be entitled
434 An act relating to clerks of court; amending s. 28.13,
435 F.S.; providing requirements for storage of electronic
436 filings; requiring papers and electronic filings to be
437 electronically time stamped; amending s. 28.222, F.S.;
438 authorizing the clerk to remove sealed or expunged
439 court records from the Official Records; amending s.
440 28.24, F.S.; revising language concerning an exemption
441 from charges for services provided to specified
442 officials and their staffs; amending s. 28.244, F.S.;
443 increasing the threshold amount for automatic
444 repayment of overpayments; amending s. 28.345, F.S.;
445 providing for access to clerks’ files by state
446 agencies and an exemption from copying fees and
447 charges; limiting the application of an exemption from
448 payment of fees and charges assessed by clerks of
449 circuit courts to official use; amending s. 50.041,
450 F.S.; authorizing the use of electronic proof of
451 publication affidavits; amending s. 119.0714, F.S.;
452 requiring certain persons to provide specific
453 information to the clerk to maintain the public
454 records exemption status of certain information under
455 specified provisions; amending s. 197.542, F.S.;
456 authorizing the clerk to issue a refund to the
457 depositor for redeemed property subject to a tax sale;
458 providing an effective date.