Florida Senate - 2014 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 788
Ì641598WÎ641598
576-03654-14
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Finance and Tax)
1 A bill to be entitled
2 An act relating to clerks of court; amending s. 40.32,
3 F.S.; authorizing jurors and witnesses to be paid by
4 check; amending s. 77.27, F.S.; conforming a provision
5 to changes made by the act; amending s. 77.28, F.S.;
6 requiring a party applying for garnishment to pay a
7 deposit to the garnishee, rather than in the registry
8 of the court; deleting a provision that requires the
9 clerk to collect a specified fee; amending s. 197.432,
10 F.S.; providing requirements for the sale of tax
11 certificates; amending s. 197.472, F.S.; revising
12 requirements for the redemption of tax certificates;
13 amending s. 197.502, F.S.; requiring the
14 certificateholder to pay costs of resale within 30
15 days under certain circumstances; providing
16 circumstances under which land shall be placed on a
17 specified list; deleting a provision relating to a
18 notification procedure; amending s. 197.542, F.S.;
19 requiring the certificateholder to pay a specified
20 amount of the assessed value of the homestead under
21 certain circumstances; providing circumstances under
22 which land shall be placed on a specified list;
23 amending s. 197.582, F.S; clarifying notice
24 requirements; providing for excess proceeds relating
25 to unclaimed property; requiring the clerk to ensure
26 that excess funds are paid according to specified
27 priorities; providing for interpleader actions and the
28 award of reasonable fees and costs; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Subsection (3) of section 40.32, Florida
34 Statutes, is amended to read:
35 40.32 Clerks to disburse money; payments to jurors and
36 witnesses.—
37 (3) Jurors and witnesses shall be paid by the clerk of the
38 court either in cash, by check, or by warrant within 20 days
39 after completion of jury service or of completion of service as
40 a witness.
41 (a) If Whenever the clerk of the court pays a juror or
42 witness by cash, the juror or witness shall sign the payroll in
43 the presence of the clerk, a deputy clerk, or some other person
44 designated by the clerk.
45 (b) If Whenever the clerk pays a juror or witness by
46 warrant, he or she shall endorse on the payroll opposite the
47 juror’s or witness’s name the words “Paid by warrant,” giving
48 the number and date of the warrant.
49 Section 2. Section 77.27, Florida Statutes, is amended to
50 read:
51 77.27 No appeal until fees are paid.—If the writ is
52 dismissed or plaintiff fails to sustain his or her claim, an no
53 appeal from the judgment is not shall be permitted until the
54 attorney attorney’s fee provided in s. 77.28 has been paid into
55 court.
56 Section 3. Section 77.28, Florida Statutes, is amended to
57 read:
58 77.28 Garnishment; attorney attorney’s fees, costs,
59 expenses; deposit required.—Upon Before issuance of any writ of
60 garnishment, the party applying for it shall pay deposit $100 in
61 the registry of the court which shall be paid to the garnishee
62 on the garnishee’s demand at any time after the service of the
63 writ for the payment or part payment of his or her attorney
64 attorney’s fee which the garnishee expends or agrees to expend
65 in obtaining representation in response to the writ. At the time
66 of deposit, the clerk shall collect the statutory fee provided
67 by s. 28.24(10) in addition to the $100 deposited into the
68 registry of the court. On rendering final judgment, the court
69 shall determine the garnishee’s costs and expenses, including a
70 reasonable attorney attorney’s fee, and in the event of a
71 judgment in favor of the plaintiff, the amount is shall be
72 subject to offset by the garnishee against the defendant whose
73 property or debt owing is being garnished. In addition, the
74 court shall tax the garnishee’s costs and expenses as costs. The
75 plaintiff may recover in this manner the sum advanced by him or
76 her plaintiff and paid into registry of court, and, if the
77 amount allowed by the court is greater than the amount paid of
78 the deposit, together with any offset, judgment for the
79 garnishee shall be entered against the party against whom the
80 costs are taxed for the deficiency.
81 Section 4. Subsection (4) of section 197.432, Florida
82 Statutes, is amended to read:
83 197.432 Sale of tax certificates for unpaid taxes.—
84 (4) A tax certificate representing less than $250 in
85 delinquent taxes on property that has been granted a homestead
86 exemption for the year in which the delinquent taxes were
87 assessed may not be sold at public auction or by electronic sale
88 as provided in subsection (1) but must be issued by the tax
89 collector to the county at the maximum rate of interest allowed.
90 Section The provisions of s. 197.4725 or s. 197.502(3) may not
91 be invoked if the homestead exemption is granted to the person
92 who received the homestead exemption for the year in which the
93 tax certificate was issued unless any. However, if all such tax
94 certificates and accrued interest represent an amount of $250 or
95 more, s. 197.502(3) shall be used to determine whether the
96 county must apply for a tax deed.
97 Section 5. Subsection (1) of section 197.472, Florida
98 Statutes, is amended to read:
99 197.472 Redemption of tax certificates.—
100 (1) A Any person may redeem a tax certificate at any time
101 after the certificate is issued and before a tax deed is issued
102 unless full payment for a tax deed is made to the clerk of the
103 court, including documentary stamps and recording fees or the
104 property is placed on the list of lands available for sale. The
105 person redeeming a tax certificate shall pay the tax collector
106 the face amount plus all interest, costs, and charges.
107 Section 6. Subsections (2) and (7) of section 197.502,
108 Florida Statutes, are amended to read:
109 197.502 Application for obtaining tax deed by holder of tax
110 sale certificate; fees.—
111 (2) A certificateholder, other than the county, who makes
112 application for a tax deed shall pay the tax collector at the
113 time of application all amounts required for redemption or
114 purchase of all other outstanding tax certificates, plus
115 interest, any omitted taxes, plus interest, any delinquent
116 taxes, plus interest, and current taxes, if due, covering the
117 property. In addition, the certificateholder shall pay the costs
118 of resale, if applicable, and failure to pay such costs within
119 30 days after notice from the clerk shall result in the clerk’s
120 entering the land on a list entitled “lands available for
121 taxes.”
122 (7) On county-held or individually held certificates for
123 which there are no bidders at the public sale and for which the
124 certificateholder fails to timely pay costs of resale or fails
125 to pay the amounts due for issuance of a tax deed within 30 days
126 after the sale, the clerk shall enter the land on a list
127 entitled “lands available for taxes” and shall immediately
128 notify the county commission and all other persons holding
129 certificates against the property that the property is
130 available. During the first 90 days after the property is placed
131 on the list, the county may purchase the land for the opening
132 bid or may waive its rights to purchase the property.
133 Thereafter, any person, the county, or any other governmental
134 unit may purchase the property from the clerk, without further
135 notice or advertising, for the opening bid, except that if the
136 county or other governmental unit is the purchaser for its own
137 use, the board of county commissioners may cancel omitted years’
138 taxes, as provided under s. 197.447. If the county does not
139 elect to purchase the property, the county must notify each
140 legal titleholder of property contiguous to the property
141 available for taxes, as provided in paragraph (4)(h), before
142 expiration of the 90-day period. Interest on the opening bid
143 continues to accrue through the month of sale as prescribed by
144 s. 197.542.
145 Section 7. Subsections (1) and (3) of section 197.542,
146 Florida Statues, are amended to read:
147 197.542 Sale at public auction.—
148 (1) Real property advertised for sale to the highest bidder
149 as a result of an application filed under s. 197.502 shall be
150 sold at public auction by the clerk of the circuit court, or his
151 or her deputy, of the county where the property is located on
152 the date, at the time, and at the location as set forth in the
153 published notice, which must be during the regular hours the
154 clerk’s office is open. The amount required to redeem the tax
155 certificate, plus the amounts paid by the holder to the clerk in
156 charges for costs of sale, redemption of other tax certificates
157 on the same property, and all other costs to the applicant for
158 tax deed, plus interest at the rate of 1.5 percent per month for
159 the period running from the month after the date of application
160 for the deed through the month of sale and costs incurred for
161 the service of notice provided for in s. 197.522(2), shall be
162 the bid of the certificateholder for the property. If tax
163 certificates exist or if delinquent taxes accrued subsequent to
164 the filing of the tax deed application, the amount required to
165 redeem such tax certificates or pay such delinquent taxes must
166 be included in the minimum bid. However, if the land to be sold
167 is assessed on the latest tax roll as homestead property, the
168 bid of the certificateholder must be increased to include an
169 amount equal to one-half of the assessed value of the homestead
170 property as required by s. 197.502. If there are no higher bids,
171 the property shall be struck off and sold to the
172 certificateholder, who shall pay to the clerk any amounts
173 included in the minimum bid not already paid, including, but not
174 limited to, the documentary stamp tax, the and recording fees,
175 and, if the property is homestead property, the moneys to cover
176 the one-half value of the homestead within 30 days after the
177 sale due. Upon payment, a tax deed shall be issued and recorded
178 by the clerk. If the certificateholder fails to make full
179 payment when due, the clerk shall enter the land on a list
180 entitled “lands available for taxes.”
181 (3) If the sale is canceled for any reason, or the buyer
182 fails to make full payment within the time required, the clerk
183 shall immediately readvertise the sale to be held within 30 days
184 after the buyer’s nonpayment or, if canceled, within 30 days
185 after the clerk receives the costs of resale. The sale shall be
186 held within 30 days after readvertising after the date the sale
187 was canceled. Only one advertisement is necessary. The amount of
188 the opening bid shall be increased by the cost of advertising,
189 additional clerk’s fees as provided for in s. 28.24(21), and
190 interest as provided for in subsection (1). If, at the
191 subsequent sale, there are no bidders at the tax deed sale and
192 the certificateholder fails to pay the moneys due within 30 days
193 after the sale, the clerk may not readvertise the sale and shall
194 place the property on a list entitled “lands available for
195 taxes.” This process must be repeated until the property is sold
196 and the clerk receives full payment or the clerk does not
197 receive any bids other than the bid of the certificateholder.
198 The clerk must receive full payment before the issuance of the
199 tax deed.
200 Section 8. Subsection (2) of section 197.582, Florida
201 Statutes, is amended, and subsection (3) is added to that
202 section, to read:
203 197.582 Disbursement of proceeds of sale.—
204 (2) If the property is purchased for an amount in excess of
205 the statutory bid of the certificateholder, the excess must be
206 paid over and disbursed by the clerk. If the property purchased
207 is homestead property and the statutory bid includes an amount
208 equal to at least one-half of the assessed value of the
209 homestead, that amount must be treated as excess and distributed
210 in the same manner. The clerk shall distribute the excess to the
211 governmental units for the payment of any lien of record held by
212 a governmental unit against the property, including any tax
213 certificates not incorporated in the tax deed application and
214 omitted taxes, if any. If the excess is not sufficient to pay
215 all of such liens in full, the excess shall be paid to each
216 governmental unit pro rata. If, after all liens of governmental
217 units are paid in full, there remains a balance of undistributed
218 funds, the balance shall be retained by the clerk for the
219 benefit of persons described in s. 197.522(1)(a), except those
220 persons described in s. 197.502(4)(h), as their interests may
221 appear. The clerk shall mail notices to such persons notifying
222 them of the funds held for their benefit. Such notice
223 constitutes compliance with the requirements of s. 717.117(4).
224 Any service charges, at the rate prescribed in s. 28.24(10), and
225 costs of mailing notices shall be paid out of the excess balance
226 held by the clerk. Excess proceeds shall be held and disbursed
227 in the same manner as unclaimed redemption moneys in s. 197.473.
228 For purposes of identifying unclaimed property pursuant to s.
229 717.113, excess proceeds shall be presumed payable or
230 distributable on the date the notice is sent. If excess proceeds
231 are not sufficient to cover the service charges and mailing
232 costs, the clerk shall receive the total amount of excess
233 proceeds as a service charge.
234 (3) If unresolved claims against the property exist on the
235 date the property is purchased, the clerk shall ensure that the
236 excess funds are paid according to the priorities of the claims.
237 If a lien appears to be entitled to priority and the lienholder
238 has not made a claim against the excess funds, payment may not
239 be made on any lien that is junior in priority. If potentially
240 conflicting claims to the funds exist, the clerk may initiate an
241 interpleader action against the lienholders involved, and the
242 court shall determine the proper distribution of the
243 interpleaded funds. The clerk may move the court for an award of
244 reasonable fees and costs from the interpleaded funds.
245 Section 9. This act shall take effect July 1, 2014.