Florida Senate - 2014 SB 788
By Senator Ring
29-01063-14 2014788__
1 A bill to be entitled
2 An act relating to clerks of court; amending s.
3 28.246, F.S.; providing for default payment plans if
4 an individual fails to enroll in a payment plan;
5 providing for length of payment plans; requiring an
6 individual to file a financial affidavit with the
7 clerk to establish a payment plan; requiring the
8 Department of Highway Safety and Motor Vehicles to
9 suspend an individual’s driver license and place a
10 registration stop on any vehicle owned by an
11 individual for nonpayment; amending s. 40.32, F.S.;
12 authorizing jurors and witnesses to be paid by check;
13 amending s. 77.28, F.S.; requiring a party applying
14 for garnishment to pay a deposit to the garnishee,
15 rather than the registry of the court; amending s.
16 197.432, F.S.; providing that tax certificates on
17 homesteads may be purchased from the county; amending
18 s. 197.472, F.S.; deleting a provision relating to the
19 redemption of tax certificates to conform to changes
20 made by the act; amending s. 197.502, F.S.; requiring
21 the certificateholder to pay costs of resale within 15
22 days if applicable; providing circumstances under
23 which land shall be placed on a specified list;
24 amending s. 197.542, F.S.; requiring the
25 certificateholder to pay a specified amount of the
26 assessed value of the homestead under certain
27 circumstances; providing circumstances under which
28 land shall be placed on a specified list; amending s.
29 197.582, F.S; clarifying notice requirements;
30 providing for excess proceeds relating to unclaimed
31 property; requiring the clerk to ensure that excess
32 funds are paid according to specified priorities;
33 amending s. 322.245, F.S.; authorizing the suspension
34 of vehicle registration for nonpayment of financial
35 obligations; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Subsection (4) of section 28.246, Florida
40 Statutes, is amended to read:
41 28.246 Payment of court-related fines or other monetary
42 penalties, fees, charges, and costs; partial payments;
43 distribution of funds.—
44 (4) The clerk of the circuit court shall accept partial
45 payments for court-related fees, service charges, costs, and
46 fines in accordance with the terms of an established payment
47 plan. If an individual fails to enroll in a payment plan, the
48 individual is deemed to have entered into a default payment plan
49 with full payment due no later than 90 days after the date on
50 which the individual is ordered to pay any fees, service
51 charges, costs, or fines or is sent notice of the amount due.
52 (a) Except as provided in paragraph (c), an individual
53 seeking to defer payment of fees, service charges, costs, or
54 fines imposed by operation of law or order of the court under
55 any provision of general law shall apply to the clerk for
56 enrollment in a payment plan within 30 days after the date on
57 which the individual receives notice of the amount due. The
58 individual shall include in the application a financial
59 affidavit reflecting the individual’s ability to pay and a
60 proposed payment plan that is up to 24 months in length. The
61 clerk shall agree to the proposed payment plan within 10 days
62 after receiving the plan unless it fails to provide for full
63 payment of all amounts due.
64 (b) If an individual fails to comply with the terms of a
65 payment plan, the clerk shall notify the Department of Highway
66 Safety and Motor Vehicles and the individual of such failure
67 within 30 days after such failure. Upon receipt of such notice,
68 the department shall immediately suspend the individual’s driver
69 license and place a registration stop on any vehicle owned by
70 the individual pursuant to s. 322.245.
71 (c) The clerk shall enter into a payment plan with an
72 individual who the court determines is indigent for costs. A
73 monthly payment amount, calculated based upon all fees and all
74 anticipated costs, is presumed to correspond to the person’s
75 ability to pay if the amount does not exceed 2 percent of the
76 person’s annual net income, as defined in s. 27.52(1), divided
77 by 12.
78 (d) The court may review the reasonableness of any the
79 payment plan.
80 Section 2. Subsection (3) of section 40.32, Florida
81 Statutes, is amended to read:
82 40.32 Clerks to disburse money; payments to jurors and
83 witnesses.—
84 (3) Jurors and witnesses shall be paid by the clerk of the
85 court either in cash, by check, or by warrant within 20 days
86 after completion of jury service or of completion of service as
87 a witness.
88 (a) If Whenever the clerk of the court pays a juror or
89 witness by cash, the juror or witness shall sign the payroll in
90 the presence of the clerk, a deputy clerk, or some other person
91 designated by the clerk.
92 (b) If Whenever the clerk pays a juror or witness by
93 warrant, he or she shall endorse on the payroll opposite the
94 juror’s or witness’s name the words “Paid by warrant,” giving
95 the number and date of the warrant.
96 Section 3. Section 77.28, Florida Statutes, is amended to
97 read:
98 77.28 Garnishment; attorney attorney’s fees, costs,
99 expenses; deposit required.—Before issuance of any writ of
100 garnishment, the party applying for it shall pay deposit $100 in
101 the registry of the court which shall be paid to the garnishee
102 on the garnishee’s demand at any time after the service of the
103 writ for the payment or part payment of his or her attorney
104 attorney’s fee which the garnishee expends or agrees to expend
105 in obtaining representation in response to the writ. At the time
106 of deposit, the clerk shall collect the statutory fee provided
107 by s. 28.24(10) in addition to the $100 deposited into the
108 registry of the court. On rendering final judgment, the court
109 shall determine the garnishee’s costs and expenses, including a
110 reasonable attorney attorney’s fee, and in the event of a
111 judgment in favor of the plaintiff, the amount is shall be
112 subject to offset by the garnishee against the defendant whose
113 property or debt owing is being garnished. In addition, the
114 court shall tax the garnishee’s costs and expenses as costs. The
115 plaintiff may recover in this manner the sum advanced by him or
116 her plaintiff and paid into registry of court, and if the amount
117 allowed by the court is greater than the amount of the deposit,
118 together with any offset, judgment for the garnishee shall be
119 entered against the party against whom the costs are taxed for
120 the deficiency.
121 Section 4. Subsection (4) of section 197.432, Florida
122 Statutes, is amended to read:
123 197.432 Sale of tax certificates for unpaid taxes.—
124 (4) A tax certificate representing less than $250 in
125 delinquent taxes on property that has been granted a homestead
126 exemption for the year in which the delinquent taxes were
127 assessed may not be sold at public auction or by electronic sale
128 as provided in subsection (1) but must be issued by the tax
129 collector to the county at the maximum rate of interest allowed.
130 Section The provisions of s. 197.4725 or s. 197.502(3) may not
131 be invoked if the homestead exemption is granted to the person
132 who received the homestead exemption for the year in which the
133 tax certificate was issued. However, if all such tax
134 certificates and accrued interest represent an amount of $250 or
135 more, ss. 197.4725 and 197.502(3) s. 197.502(3) shall be invoked
136 used to determine whether the county must apply for a tax deed.
137 Section 5. Subsection (1) of section 197.472, Florida
138 Statutes, is amended to read:
139 197.472 Redemption of tax certificates.—
140 (1) A Any person may redeem a tax certificate at any time
141 after the certificate is issued and before a tax deed is issued
142 or the property is placed on the list of lands available for
143 sale. The person redeeming a tax certificate shall pay the tax
144 collector the face amount plus all interest, costs, and charges.
145 Section 6. Subsections (2) and (7) of section 197.502,
146 Florida Statutes, are amended to read:
147 197.502 Application for obtaining tax deed by holder of tax
148 sale certificate; fees.—
149 (2) A certificateholder, other than the county, who makes
150 application for a tax deed shall pay the tax collector at the
151 time of application all amounts required for redemption or
152 purchase of all other outstanding tax certificates, plus
153 interest, any omitted taxes, plus interest, any delinquent
154 taxes, plus interest, and current taxes, if due, covering the
155 property. In addition, the certificateholder shall pay the costs
156 of resale, if applicable, and failure to pay such costs within
157 15 days after notice from the clerk shall result in the clerk’s
158 entering the land on a list entitled “lands available for
159 taxes.”
160 (7) On county-held or individually held certificates for
161 which there are no bidders at the public sale and the
162 certificateholder fails to timely pay costs of resale or fails
163 to pay the amounts due for issuance of a tax deed within 15 days
164 after the sale, the clerk shall enter the land on a list
165 entitled “lands available for taxes” and shall immediately
166 notify the county commission and all other persons holding
167 certificates against the property that the property is
168 available. During the first 90 days after the property is placed
169 on the list, the county may purchase the land for the opening
170 bid or may waive its rights to purchase the property.
171 Thereafter, any person, the county, or any other governmental
172 unit may purchase the property from the clerk, without further
173 notice or advertising, for the opening bid, except that if the
174 county or other governmental unit is the purchaser for its own
175 use, the board of county commissioners may cancel omitted years’
176 taxes, as provided under s. 197.447. If the county does not
177 elect to purchase the property, the county must notify each
178 legal titleholder of property contiguous to the property
179 available for taxes, as provided in paragraph (4)(h), before
180 expiration of the 90-day period. Interest on the opening bid
181 continues to accrue through the month of sale as prescribed by
182 s. 197.542.
183 Section 7. Subsections (1) and (3) of section 197.542,
184 Florida Statues, are amended to read:
185 197.542 Sale at public auction.—
186 (1) Real property advertised for sale to the highest bidder
187 as a result of an application filed under s. 197.502 shall be
188 sold at public auction by the clerk of the circuit court, or his
189 or her deputy, of the county where the property is located on
190 the date, at the time, and at the location as set forth in the
191 published notice, which must be during the regular hours the
192 clerk’s office is open. The amount required to redeem the tax
193 certificate, plus the amounts paid by the holder to the clerk in
194 charges for costs of sale, redemption of other tax certificates
195 on the same property, and all other costs to the applicant for
196 tax deed, plus interest at the rate of 1.5 percent per month for
197 the period running from the month after the date of application
198 for the deed through the month of sale and costs incurred for
199 the service of notice provided for in s. 197.522(2), shall be
200 the bid of the certificateholder for the property. If tax
201 certificates exist or if delinquent taxes accrued subsequent to
202 the filing of the tax deed application, the amount required to
203 redeem such tax certificates or pay such delinquent taxes must
204 be included in the minimum bid. However, if the land to be sold
205 is assessed on the latest tax roll as homestead property, the
206 bid of the certificateholder must be increased to include an
207 amount equal to one-half of the assessed value of the homestead
208 property as required by s. 197.502. If there are no higher bids,
209 the property shall be struck off and sold to the
210 certificateholder, who shall pay to the clerk any amounts
211 included in the minimum bid, the documentary stamp tax, and
212 recording fees, and, if the property is homestead property, the
213 moneys to cover the one-half value of the homestead within 15
214 days after the sale due. Upon payment, a tax deed shall be
215 issued and recorded by the clerk. If the certificateholder fails
216 to make full payment when due, the sale is considered canceled,
217 and the clerk shall enter the land on a list entitled “lands
218 available for taxes.”
219 (3) If the sale is canceled for any reason, or the buyer
220 fails to make full payment within the time required, the clerk
221 shall immediately readvertise the sale to be held within 30 days
222 after the buyer’s nonpayment or, if canceled, within 30 days
223 after the clerk receives the costs of resale. The sale shall be
224 held within 30 days after readvertising after the date the sale
225 was canceled. Only one advertisement is necessary. The amount of
226 the opening bid shall be increased by the cost of advertising,
227 additional clerk’s fees as provided for in s. 28.24(21), and
228 interest as provided for in subsection (1). If at the subsequent
229 sale there are no bidders at the tax deed sale and the
230 certificateholder fails to pay the moneys due within 15 days
231 after the sale, the clerk may not readvertise the sale and shall
232 place the property on a list entitled “lands available for
233 taxes.” This process must be repeated until the property is sold
234 and the clerk receives full payment or the clerk does not
235 receive any bids other than the bid of the certificateholder.
236 The clerk must receive full payment before the issuance of the
237 tax deed.
238 Section 8. Subsection (2) of section 197.582, Florida
239 Statutes, is amended, and subsection (3) is added to that
240 section, to read:
241 197.582 Disbursement of proceeds of sale.—
242 (2) If the property is purchased for an amount in excess of
243 the statutory bid of the certificateholder, the excess must be
244 paid over and disbursed by the clerk. If the property purchased
245 is homestead property and the statutory bid includes an amount
246 equal to at least one-half of the assessed value of the
247 homestead, that amount must be treated as excess and distributed
248 in the same manner. The clerk shall distribute the excess to the
249 governmental units for the payment of any lien of record held by
250 a governmental unit against the property, including any tax
251 certificates not incorporated in the tax deed application and
252 omitted taxes, if any. If the excess is not sufficient to pay
253 all of such liens in full, the excess shall be paid to each
254 governmental unit pro rata. If, after all liens of governmental
255 units are paid in full, there remains a balance of undistributed
256 funds, the balance shall be retained by the clerk for the
257 benefit of persons described in s. 197.522(1)(a), except those
258 persons described in s. 197.502(4)(h), as their interests may
259 appear. The clerk shall mail notices to such persons notifying
260 them of the funds held for their benefit. Such notice
261 constitutes compliance with the requirements of s. 717.117(4).
262 Any service charges, at the rate prescribed in s. 28.24(10), and
263 costs of mailing notices shall be paid out of the excess balance
264 held by the clerk. Excess proceeds shall be held and disbursed
265 in the same manner as unclaimed redemption moneys in s. 197.473.
266 For purposes of identifying unclaimed property pursuant to s.
267 717.113, excess proceeds shall be presumed payable or
268 distributable on the date the notice is sent. If excess proceeds
269 are not sufficient to cover the service charges and mailing
270 costs, the clerk shall receive the total amount of excess
271 proceeds as a service charge.
272 (3) If unresolved claims against the property exist on the
273 date the property is purchased, the clerk shall ensure that the
274 excess funds are paid according to the priorities of the claims.
275 If a lien appears to be entitled to priority and the lienholder
276 has not made a claim against the excess funds, payment may not
277 be made on any lien that is junior in priority. If potentially
278 conflicting claims to the funds exist, the clerk shall initiate
279 an interpleader action against the lienholders involved, and the
280 court shall determine the proper distribution of the excess
281 funds. The clerk may move the court for an award of reasonable
282 fees and costs from the remaining proceeds.
283 Section 9. Subsection (5) of section 322.245, Florida
284 Statutes, is amended to read:
285 322.245 Suspension of license upon failure of person
286 charged with specified offense under chapter 316, chapter 320,
287 or this chapter to comply with directives ordered by traffic
288 court or upon failure to pay child support in non-IV-D cases as
289 provided in chapter 61 or failure to pay any financial
290 obligation in any other criminal case.—
291 (5)(a) If When the department receives notice from a clerk
292 of the court that a person licensed to operate a motor vehicle
293 in this state under the provisions of this chapter has failed to
294 pay financial obligations for any criminal offense other than
295 those specified in subsection (1), in full or in part under a
296 payment plan pursuant to s. 28.246(4), the department shall
297 suspend the license and place a registration stop on any vehicle
298 owned by of the person named in the notice.
299 (b) The department must reinstate the driving privilege and
300 remove the registration stop of any vehicle owned by the person
301 if when the clerk of the court provides an affidavit to the
302 department stating that:
303 1. The person has satisfied the financial obligation in
304 full or made all payments currently due under a payment plan;
305 2. The person has entered into a written agreement for
306 payment of the financial obligation if not presently enrolled in
307 a payment plan; or
308 3. A court has entered an order granting relief to the
309 person ordering the reinstatement of the license and removing
310 the registration stop of any vehicle owned by the person.
311 (c) The department may shall not be held liable for any
312 license suspension and registration stop placed on any vehicle
313 owned by the person resulting from the discharge of its duties
314 under this section.
315 Section 10. This act shall take effect July 1, 2014.