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.