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.