Florida Senate - 2014                              CS for SB 788
       
       
        
       By the Committee on Judiciary; and Senator Ring
       
       
       
       
       
       590-02438-14                                           2014788c1
    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 15
   15         days under certain circumstances; providing
   16         circumstances under which land shall be placed on a
   17         specified list; prohibiting a county from applying for
   18         a tax deed under certain circumstances; deleting a
   19         provision relating to a notification procedure;
   20         amending s. 197.542, F.S.; requiring the
   21         certificateholder to pay a specified amount of the
   22         assessed value of the homestead under certain
   23         circumstances; providing circumstances under which
   24         land shall be placed on a specified list; amending s.
   25         197.582, F.S; clarifying notice requirements;
   26         providing for excess proceeds relating to unclaimed
   27         property; requiring the clerk to ensure that excess
   28         funds are paid according to specified priorities;
   29         providing for interpleader actions and the award of
   30         reasonable fees and costs; providing an effective
   31         date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (3) of section 40.32, Florida
   36  Statutes, is amended to read:
   37         40.32 Clerks to disburse money; payments to jurors and
   38  witnesses.—
   39         (3) Jurors and witnesses shall be paid by the clerk of the
   40  court either in cash, by check, or by warrant within 20 days
   41  after completion of jury service or of completion of service as
   42  a witness.
   43         (a) If Whenever the clerk of the court pays a juror or
   44  witness by cash, the juror or witness shall sign the payroll in
   45  the presence of the clerk, a deputy clerk, or some other person
   46  designated by the clerk.
   47         (b) If Whenever the clerk pays a juror or witness by
   48  warrant, he or she shall endorse on the payroll opposite the
   49  juror’s or witness’s name the words “Paid by warrant,” giving
   50  the number and date of the warrant.
   51         Section 2. Section 77.27, Florida Statutes, is amended to
   52  read:
   53         77.27 No appeal until fees are paid.—If the writ is
   54  dismissed or plaintiff fails to sustain his or her claim, an no
   55  appeal from the judgment is not shall be permitted until the
   56  attorney attorney’s fee provided in s. 77.28 has been paid into
   57  court.
   58         Section 3. Section 77.28, Florida Statutes, is amended to
   59  read:
   60         77.28 Garnishment; attorney attorney’s fees, costs,
   61  expenses; deposit required.—Before issuance of any writ of
   62  garnishment, the party applying for it shall pay deposit $100 in
   63  the registry of the court which shall be paid to the garnishee
   64  on the garnishee’s demand at any time after the service of the
   65  writ for the payment or part payment of his or her attorney
   66  attorney’s fee which the garnishee expends or agrees to expend
   67  in obtaining representation in response to the writ. At the time
   68  of deposit, the clerk shall collect the statutory fee provided
   69  by s. 28.24(10) in addition to the $100 deposited into the
   70  registry of the court. On rendering final judgment, the court
   71  shall determine the garnishee’s costs and expenses, including a
   72  reasonable attorney attorney’s fee, and in the event of a
   73  judgment in favor of the plaintiff, the amount is shall be
   74  subject to offset by the garnishee against the defendant whose
   75  property or debt owing is being garnished. In addition, the
   76  court shall tax the garnishee’s costs and expenses as costs. The
   77  plaintiff may recover in this manner the sum advanced by him or
   78  her plaintiff and paid into registry of court, and, if the
   79  amount allowed by the court is greater than the amount paid of
   80  the deposit, together with any offset, judgment for the
   81  garnishee shall be entered against the party against whom the
   82  costs are taxed for the deficiency.
   83         Section 4. Subsection (4) of section 197.432, Florida
   84  Statutes, is amended to read:
   85         197.432 Sale of tax certificates for unpaid taxes.—
   86         (4) A tax certificate representing less than $250 in
   87  delinquent taxes on property that has been granted a homestead
   88  exemption for the year in which the delinquent taxes were
   89  assessed may not be sold at public auction or by electronic sale
   90  as provided in subsection (1) but must be issued by the tax
   91  collector to the county at the maximum rate of interest allowed.
   92  The provisions of s. 197.4725 or s. 197.502(3) may not be
   93  invoked if the homestead exemption is granted to the person who
   94  received the homestead exemption for the year in which the tax
   95  certificate was issued. However, if all of the outstanding such
   96  tax certificates and accrued interest and the current tax
   97  certificate represent an amount of $250 or more, the current tax
   98  certificate must be offered for sale pursuant to subsection (1).
   99  A county that acquires a tax certificate pursuant to this
  100  subsection may not sell the tax certificate pursuant to s.
  101  197.4725 s. 197.502(3) shall be used to determine whether the
  102  county must apply for a tax deed.
  103         Section 5. Subsection (1) of section 197.472, Florida
  104  Statutes, is amended to read:
  105         197.472 Redemption of tax certificates.—
  106         (1) A Any person may redeem a tax certificate at any time
  107  after the certificate is issued and before a tax deed is issued
  108  unless full payment for a tax deed is made to the clerk of the
  109  court, including documentary stamps and recording fees or the
  110  property is placed on the list of lands available for sale. The
  111  person redeeming a tax certificate shall pay the tax collector
  112  the face amount plus all interest, costs, and charges.
  113         Section 6. Subsections (2), (3), and (7) of section
  114  197.502, Florida Statutes, are amended to read:
  115         197.502 Application for obtaining tax deed by holder of tax
  116  sale certificate; fees.—
  117         (2) A certificateholder, other than the county, who makes
  118  application for a tax deed shall pay the tax collector at the
  119  time of application all amounts required for redemption or
  120  purchase of all other outstanding tax certificates, plus
  121  interest, any omitted taxes, plus interest, any delinquent
  122  taxes, plus interest, and current taxes, if due, covering the
  123  property. In addition, the certificateholder shall pay the costs
  124  of resale, if applicable, and failure to pay such costs within
  125  15 days after notice from the clerk shall result in the clerk’s
  126  entering the land on a list entitled “lands available for
  127  taxes.”
  128         (3) The county in which the property described in the
  129  certificate is located shall apply for a tax deed on all county
  130  held certificates on property valued at $5,000 or more on the
  131  property appraiser’s most recent assessment roll, except
  132  deferred payment tax certificates, and may apply for tax deeds
  133  on certificates on property valued at less than $5,000 on the
  134  property appraiser’s most recent assessment roll. The
  135  application shall be made 2 years after April 1 of the year of
  136  issuance of the certificates or as soon thereafter as is
  137  reasonable. Upon application, the county shall deposit with the
  138  tax collector all applicable costs and fees as provided in
  139  subsection (1), but may not deposit any money to cover the
  140  redemption of other outstanding certificates covering the
  141  property. However, a county may not apply for a tax deed on a
  142  certificate held by the county if, in the year for which the
  143  most recent tax certificate was issued to the county, the value
  144  of that tax certificate and the outstanding tax certificates and
  145  accrued interest represented an amount of less than $250 and the
  146  homestead exemption was granted to a person who received the
  147  exemption for that year.
  148         (7) On county-held or individually held certificates for
  149  which there are no bidders at the public sale and for which the
  150  certificateholder fails to timely pay costs of resale or fails
  151  to pay the amounts due for issuance of a tax deed within 15 days
  152  after the sale, the clerk shall enter the land on a list
  153  entitled “lands available for taxes” and shall immediately
  154  notify the county commission and all other persons holding
  155  certificates against the property that the property is
  156  available. During the first 90 days after the property is placed
  157  on the list, the county may purchase the land for the opening
  158  bid or may waive its rights to purchase the property.
  159  Thereafter, any person, the county, or any other governmental
  160  unit may purchase the property from the clerk, without further
  161  notice or advertising, for the opening bid, except that if the
  162  county or other governmental unit is the purchaser for its own
  163  use, the board of county commissioners may cancel omitted years’
  164  taxes, as provided under s. 197.447. If the county does not
  165  elect to purchase the property, the county must notify each
  166  legal titleholder of property contiguous to the property
  167  available for taxes, as provided in paragraph (4)(h), before
  168  expiration of the 90-day period. Interest on the opening bid
  169  continues to accrue through the month of sale as prescribed by
  170  s. 197.542.
  171         Section 7. Subsections (1) and (3) of section 197.542,
  172  Florida Statues, are amended to read:
  173         197.542 Sale at public auction.—
  174         (1) Real property advertised for sale to the highest bidder
  175  as a result of an application filed under s. 197.502 shall be
  176  sold at public auction by the clerk of the circuit court, or his
  177  or her deputy, of the county where the property is located on
  178  the date, at the time, and at the location as set forth in the
  179  published notice, which must be during the regular hours the
  180  clerk’s office is open. The amount required to redeem the tax
  181  certificate, plus the amounts paid by the holder to the clerk in
  182  charges for costs of sale, redemption of other tax certificates
  183  on the same property, and all other costs to the applicant for
  184  tax deed, plus interest at the rate of 1.5 percent per month for
  185  the period running from the month after the date of application
  186  for the deed through the month of sale and costs incurred for
  187  the service of notice provided for in s. 197.522(2), shall be
  188  the bid of the certificateholder for the property. If tax
  189  certificates exist or if delinquent taxes accrued subsequent to
  190  the filing of the tax deed application, the amount required to
  191  redeem such tax certificates or pay such delinquent taxes must
  192  be included in the minimum bid. However, if the land to be sold
  193  is assessed on the latest tax roll as homestead property, the
  194  bid of the certificateholder must be increased to include an
  195  amount equal to one-half of the assessed value of the homestead
  196  property as required by s. 197.502. If there are no higher bids,
  197  the property shall be struck off and sold to the
  198  certificateholder, who shall pay to the clerk any amounts
  199  included in the minimum bid, the documentary stamp tax, the and
  200  recording fees, and, if the property is homestead property, the
  201  moneys to cover the one-half value of the homestead within 15
  202  days after the sale due. Upon payment, a tax deed shall be
  203  issued and recorded by the clerk. If the certificateholder fails
  204  to make full payment when due, the clerk shall enter the land on
  205  a list entitled “lands available for taxes.”
  206         (3) If the sale is canceled for any reason, or the buyer
  207  fails to make full payment within the time required, the clerk
  208  shall immediately readvertise the sale to be held within 30 days
  209  after the buyer’s nonpayment or, if canceled, within 30 days
  210  after the clerk receives the costs of resale. The sale shall be
  211  held within 30 days after readvertising after the date the sale
  212  was canceled. Only one advertisement is necessary. The amount of
  213  the opening bid shall be increased by the cost of advertising,
  214  additional clerk’s fees as provided for in s. 28.24(21), and
  215  interest as provided for in subsection (1). If, at the
  216  subsequent sale, there are no bidders at the tax deed sale and
  217  the certificateholder fails to pay the moneys due within 15 days
  218  after the sale, the clerk may not readvertise the sale and shall
  219  place the property on a list entitled “lands available for
  220  taxes.” This process must be repeated until the property is sold
  221  and the clerk receives full payment or the clerk does not
  222  receive any bids other than the bid of the certificateholder.
  223  The clerk must receive full payment before the issuance of the
  224  tax deed.
  225         Section 8. Subsection (2) of section 197.582, Florida
  226  Statutes, is amended, and subsection (3) is added to that
  227  section, to read:
  228         197.582 Disbursement of proceeds of sale.—
  229         (2) If the property is purchased for an amount in excess of
  230  the statutory bid of the certificateholder, the excess must be
  231  paid over and disbursed by the clerk. If the property purchased
  232  is homestead property and the statutory bid includes an amount
  233  equal to at least one-half of the assessed value of the
  234  homestead, that amount must be treated as excess and distributed
  235  in the same manner. The clerk shall distribute the excess to the
  236  governmental units for the payment of any lien of record held by
  237  a governmental unit against the property, including any tax
  238  certificates not incorporated in the tax deed application and
  239  omitted taxes, if any. If the excess is not sufficient to pay
  240  all of such liens in full, the excess shall be paid to each
  241  governmental unit pro rata. If, after all liens of governmental
  242  units are paid in full, there remains a balance of undistributed
  243  funds, the balance shall be retained by the clerk for the
  244  benefit of persons described in s. 197.522(1)(a), except those
  245  persons described in s. 197.502(4)(h), as their interests may
  246  appear. The clerk shall mail notices to such persons notifying
  247  them of the funds held for their benefit. Such notice
  248  constitutes compliance with the requirements of s. 717.117(4).
  249  Any service charges, at the rate prescribed in s. 28.24(10), and
  250  costs of mailing notices shall be paid out of the excess balance
  251  held by the clerk. Excess proceeds shall be held and disbursed
  252  in the same manner as unclaimed redemption moneys in s. 197.473.
  253  For purposes of identifying unclaimed property pursuant to s.
  254  717.113, excess proceeds shall be presumed payable or
  255  distributable on the date the notice is sent. If excess proceeds
  256  are not sufficient to cover the service charges and mailing
  257  costs, the clerk shall receive the total amount of excess
  258  proceeds as a service charge.
  259         (3)If unresolved claims against the property exist on the
  260  date the property is purchased, the clerk shall ensure that the
  261  excess funds are paid according to the priorities of the claims.
  262  If a lien appears to be entitled to priority and the lienholder
  263  has not made a claim against the excess funds, payment may not
  264  be made on any lien that is junior in priority. If potentially
  265  conflicting claims to the funds exist, the clerk may initiate an
  266  interpleader action against the lienholders involved, and the
  267  court shall determine the proper distribution of the
  268  interpleaded funds. The clerk may move the court for an award of
  269  reasonable fees and costs from the interpleaded funds.
  270         Section 9. This act shall take effect July 1, 2014.