Florida Senate - 2020              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 790
       
       
       
       
       
                               Ì226652*Î226652                          
       
       576-03894-20                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Criminal and Civil Justice)
    1                        A bill to be entitled                      
    2         An act relating to clerks of the circuit court;
    3         amending s. 28.222, F.S.; specifying the manner in
    4         which the clerk of court must retain and distribute
    5         proceeds from specified service charges; amending s.
    6         28.24, F.S.; defining the term “court records”;
    7         specifying the amount for service charges for certain
    8         services rendered, and noncourt records filed, by the
    9         clerk of court; amending s. 28.241, F.S.; specifying
   10         the portion of the filing fee for specified appellate
   11         proceedings which must be deposited into the General
   12         Revenue Fund; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (7) of section 28.222, Florida
   17  Statutes, is amended to read:
   18         28.222 Clerk to be county recorder.—
   19         (7)(a) All instruments recorded in the Official Records
   20  shall always be open to the public, under the supervision of the
   21  clerk, for the purpose of inspection thereof and of making
   22  extracts therefrom.; but
   23         (b) The clerk is shall not be required to perform any
   24  service in connection with such inspection or making of extracts
   25  without payment of service charges as provided in s. 28.24.
   26         (c) The payment of the service charges under s. 28.24 must
   27  be retained by the clerk of the circuit court in his or her
   28  capacity as county recorder, except that service charges under
   29  s. 28.24 relating to court records or functions meeting the
   30  description of court-related functions in s. 28.35(3)(a) must be
   31  distributed for the specified functions.
   32         Section 2. Section 28.24, Florida Statutes, is amended to
   33  read:
   34         28.24 Service charges.—The clerk of the circuit court shall
   35  charge for services rendered manually or electronically by the
   36  clerk’s office in recording documents and instruments and in
   37  performing other specified duties. These charges may not exceed
   38  those specified in this section, except as provided in s.
   39  28.345. For purposes of this section, the term “court records”
   40  has the same meaning as provided in the Florida Rules of
   41  Judicial Administration.
   42         (1) For examining, comparing, correcting, verifying, and
   43  certifying transcripts of record in appellate proceedings,
   44  prepared by attorney for appellant or someone else other than
   45  clerk, per page: 5.00, from which the clerk shall remit 0.50 per
   46  page to the Department of Revenue for deposit into the General
   47  Revenue Fund.
   48         (2) For preparing, numbering, and indexing an original
   49  record of appellate proceedings, per instrument: 3.50, from
   50  which the clerk shall remit 0.50 per instrument to the
   51  Department of Revenue for deposit into the General Revenue Fund.
   52         (3)(a) For certifying copies of any instrument that is a
   53  court record in the public records: 2.00, from which the clerk
   54  shall remit 0.50 to the Department of Revenue for deposit into
   55  the General Revenue Fund.
   56         (b) For certifying copies of any instrument that is not a
   57  court record in the public records: 2.00.
   58         (4)(a) For verifying any instrument that is a court record
   59  which is presented for certification prepared by someone other
   60  than the clerk, per page: 3.50, from which the clerk shall remit
   61  0.50 per page to the Department of Revenue for deposit into the
   62  General Revenue Fund.
   63         (b) For verifying any instrument that is not a court record
   64  which is presented for certification prepared by someone other
   65  than the clerk, per page: 3.50.
   66         (5)(a) For making copies by photographic process of any
   67  instrument in the public records consisting of pages of not more
   68  than 14 inches by 8 1/2 inches, per page....................1.00
   69         (b) For making copies by photographic process of any
   70  instrument in the public records of more than 14 inches by 8 1/2
   71  inches, per page............................................5.00
   72         (6) For making microfilm copies of any public records:
   73         (a) That are court records:
   74         1. 16 mm 100′ microfilm roll: 42.00, from which the clerk
   75  shall remit 4.50 to the Department of Revenue for deposit into
   76  the General Revenue Fund.
   77         2.(b) 35 mm 100′ microfilm roll: 60.00, from which the
   78  clerk shall remit 7.50 to the Department of Revenue for deposit
   79  into the General Revenue Fund.
   80         3.(c) Microfiche, per fiche: 3.50, from which the clerk
   81  shall remit 0.50 to the Department of Revenue for deposit into
   82  the General Revenue Fund.
   83         (b) That are not court records:
   84         1. 16 mm 100’ microfilm roll: 42.00.
   85         2. 35 mm 100’ microfilm roll: 60.00.
   86         3. Microfiche, per fiche: 3.50.
   87         (7) For copying any instrument in the public records by
   88  other than photographic process, per page...................6.00
   89         (8)(a) For writing any paper that is a court record other
   90  than a paper otherwise herein specifically identified in this
   91  section mentioned, same as for copying, including signing and
   92  sealing: 7.00, from which the clerk shall remit 1.00 to the
   93  Department of Revenue for deposit into the General Revenue Fund.
   94         (b) For writing any paper that is not a court record other
   95  than a paper otherwise specifically identified in this section,
   96  including signing and sealing: 7.00.
   97         (9) For indexing each entry not recorded.............1.00
   98         (10) For receiving money into the registry of court:
   99         (a)1. First $500, percent...............................3
  100         2. Each subsequent $100, percent......................1.5
  101         (b) Eminent domain actions, per deposit: 170.00, from which
  102  the clerk shall remit 20.00 per deposit to the Department of
  103  Revenue for deposit into the General Revenue Fund.
  104         (11) For examining, certifying, and recording plats and for
  105  recording condominium exhibits larger than 14 inches by 8 1/2
  106  inches:
  107         (a) First page......................................30.00
  108         (b) Each additional page............................15.00
  109         (12) For recording, indexing, and filing any instrument not
  110  more than 14 inches by 8 1/2 inches, including required notice
  111  to property appraiser where applicable:
  112         (a) First page or fraction thereof...................5.00
  113         (b) Each additional page or fraction thereof.........4.00
  114         (c) For indexing instruments recorded in the official
  115  records which contain more than four names, per additional
  116  name........................................................1.00
  117         (d) An additional service charge must be paid to the clerk
  118  of the circuit court to be deposited in the Public Records
  119  Modernization Trust Fund for each instrument listed in s.
  120  28.222, except judgments received from the courts and notices of
  121  lis pendens, recorded in the official records:
  122         1. First page........................................1.00
  123         2. Each additional page..............................0.50
  124  
  125  Said fund must be held in trust by the clerk and used
  126  exclusively for equipment and maintenance of equipment,
  127  personnel training, and technical assistance in modernizing the
  128  public records system of the office. In a county where the duty
  129  of maintaining official records exists in an office other than
  130  the office of the clerk of the circuit court, the clerk of the
  131  circuit court is entitled to 25 percent of the moneys deposited
  132  into the trust fund for equipment, maintenance of equipment,
  133  training, and technical assistance in modernizing the system for
  134  storing records in the office of the clerk of the circuit court.
  135  The fund may not be used for the payment of travel expenses,
  136  membership dues, bank charges, staff-recruitment costs, salaries
  137  or benefits of employees, construction costs, general operating
  138  expenses, or other costs not directly related to obtaining and
  139  maintaining equipment for public records systems or for the
  140  purchase of furniture or office supplies and equipment not
  141  related to the storage of records. On or before December 1,
  142  1995, and on or before December 1 of each year immediately
  143  preceding each year during which the trust fund is scheduled for
  144  legislative review under s. 19(f)(2), Art. III of the State
  145  Constitution, each clerk of the circuit court shall file a
  146  report on the Public Records Modernization Trust Fund with the
  147  President of the Senate and the Speaker of the House of
  148  Representatives. The report must itemize each expenditure made
  149  from the trust fund since the last report was filed; each
  150  obligation payable from the trust fund on that date; and the
  151  percentage of funds expended for each of the following:
  152  equipment, maintenance of equipment, personnel training, and
  153  technical assistance. The report must indicate the nature of the
  154  system each clerk uses to store, maintain, and retrieve public
  155  records and the degree to which the system has been upgraded
  156  since the creation of the trust fund.
  157         (e) An additional service charge of $4 per page shall be
  158  paid to the clerk of the circuit court for each instrument
  159  listed in s. 28.222, except judgments received from the courts
  160  and notices of lis pendens, recorded in the official records.
  161  From the additional $4 service charge collected:
  162         1. If the counties maintain legal responsibility for the
  163  costs of the court-related technology needs as defined in s.
  164  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  165  Florida Association of Court Clerks and Comptrollers, Inc., for
  166  the cost of development, implementation, operation, and
  167  maintenance of the clerks’ Comprehensive Case Information
  168  System; $1.90 shall be retained by the clerk to be deposited in
  169  the Public Records Modernization Trust Fund and used exclusively
  170  for funding court-related technology needs of the clerk as
  171  defined in s. 29.008(1)(f)2. and (h); and $2 shall be
  172  distributed to the board of county commissioners to be used
  173  exclusively to fund court-related technology, and court
  174  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  175  state trial courts, state attorney, public defender, and
  176  criminal conflict and civil regional counsel in that county. If
  177  the counties maintain legal responsibility for the costs of the
  178  court-related technology needs as defined in s. 29.008(1)(f)2.
  179  and (h), notwithstanding any other provision of law, the county
  180  is not required to provide additional funding beyond that
  181  provided herein for the court-related technology needs of the
  182  clerk as defined in s. 29.008(1)(f)2. and (h). All court records
  183  and official records are the property of the State of Florida,
  184  including any records generated as part of the Comprehensive
  185  Case Information System funded pursuant to this paragraph and
  186  the clerk of court is designated as the custodian of such
  187  records, except in a county where the duty of maintaining
  188  official records exists in a county office other than the clerk
  189  of court or comptroller, such county office is designated the
  190  custodian of all official records, and the clerk of court is
  191  designated the custodian of all court records. The clerk of
  192  court or any entity acting on behalf of the clerk of court,
  193  including an association, may not charge a fee to any agency as
  194  defined in s. 119.011, the Legislature, or the State Court
  195  System for copies of records generated by the Comprehensive Case
  196  Information System or held by the clerk of court or any entity
  197  acting on behalf of the clerk of court, including an
  198  association.
  199         2. If the state becomes legally responsible for the costs
  200  of court-related technology needs as defined in s.
  201  29.008(1)(f)2. and (h), whether by operation of general law or
  202  by court order, $4 shall be remitted to the Department of
  203  Revenue for deposit into the General Revenue Fund.
  204         (13)(a) Oath, administering, attesting, and sealing of
  205  court records, not otherwise provided for in this section
  206  herein: 3.50, from which the clerk shall remit 0.50 to the
  207  Department of Revenue for deposit into the General Revenue Fund.
  208         (b) Oath, administering, attesting, and sealing of noncourt
  209  records not otherwise provided for in this section: 3.50.
  210         (14)(a) For validating certificates or, any authorized
  211  bonds that are court records, each: 3.50, from which the clerk
  212  shall remit 0.50 each to the Department of Revenue for deposit
  213  into the General Revenue Fund.
  214         (b) For validating certificates or any authorized bonds
  215  that are not court records, each: 3.50.
  216         (15) For preparing affidavit of domicile.............5.00
  217         (16) For exemplified certificates, including signing and
  218  sealing: 7.00, from which the clerk shall remit 1.00 to the
  219  Department of Revenue for deposit into the General Revenue Fund.
  220         (17)(a) For authenticated certificates, including the
  221  signing and sealing of court records: 7.00, from which the clerk
  222  shall remit 1.00 to the Department of Revenue for deposit into
  223  the General Revenue Fund.
  224         (b) For authenticated certificates, including the signing
  225  and sealing of noncourt records: 7.00.
  226         (18)(a) For issuing and filing a subpoena for a witness,
  227  not otherwise provided for herein (includes writing, preparing,
  228  signing, and sealing): 7.00, from which the clerk shall remit
  229  1.00 to the Department of Revenue for deposit into the General
  230  Revenue Fund.
  231         (b) For signing and sealing only: 2.00, from which the
  232  clerk shall remit 0.50 to the Department of Revenue for deposit
  233  into the General Revenue Fund.
  234         (19) For approving bond: 8.50, from which the clerk shall
  235  remit 1.00 to the Department of Revenue for deposit into the
  236  General Revenue Fund.
  237         (20)(a) For searching of court records, for each year’s
  238  search: 2.00, from which the clerk shall remit 0.50 for each
  239  year’s search to the Department of Revenue for deposit into the
  240  General Revenue Fund.
  241         (b) For searching of noncourt records, for each year’s
  242  search: 2.00.
  243         (21) For processing an application for a tax deed sale
  244  (includes application, sale, issuance, and preparation of tax
  245  deed, and disbursement of proceeds of sale), other than excess
  246  proceeds...................................................60.00
  247         (22) For disbursement of excess proceeds of tax deed sale,
  248  first $100 or fraction thereof.............................10.00
  249         (23) Upon receipt of an application for a marriage license,
  250  for preparing and administering of oath; issuing, sealing, and
  251  recording of the marriage license; and providing a certified
  252  copy.......................................................30.00
  253         (24) For solemnizing matrimony......................30.00
  254         (25) For sealing any court file or expungement of any
  255  record: 42.00, from which the clerk shall remit 4.50 to the
  256  Department of Revenue for deposit into the General Revenue Fund.
  257         (26)(a) For receiving and disbursing all restitution
  258  payments, per payment: 3.50, from which the clerk shall remit
  259  0.50 per payment to the Department of Revenue for deposit into
  260  the General Revenue Fund.
  261         (b) For receiving and disbursing all partial payments,
  262  other than restitution payments, for which an administrative
  263  processing service charge is not imposed pursuant to s. 28.246,
  264  per month...................................................5.00
  265         (c) For setting up a payment plan, a one-time
  266  administrative processing charge in lieu of a per month charge
  267  under paragraph (b)........................................25.00
  268         (27) Postal charges incurred by the clerk of the circuit
  269  court in any mailing by certified or registered mail must be
  270  paid by the party at whose instance the mailing is made.
  271         (28) For furnishing an electronic copy of information
  272  contained in a computer database: a fee as provided for in
  273  chapter 119.
  274         Section 3. Subsection (2) of section 28.241, Florida
  275  Statutes, is amended to read:
  276         28.241 Filing fees for trial and appellate proceedings.—
  277         (2) Upon the institution of any appellate proceeding from
  278  any lower court to the circuit court of any such county,
  279  including appeals filed by a county or municipality as provided
  280  in s. 34.041(5), or from the county or circuit court to an
  281  appellate court of the state, the clerk shall charge and collect
  282  from the party or parties instituting such appellate proceedings
  283  a filing fee, as follows:
  284         (a)not to exceed $280, from which the clerk shall remit
  285  $20 to the Department of Revenue for deposit into the General
  286  Revenue Fund, For filing a notice of appeal from the county
  287  court to the circuit court, a filing fee not to exceed $280.
  288  and, in addition to the filing fee required under s. 25.241 or
  289  s. 35.22, $100
  290         (b) For filing a notice of appeal from the county or
  291  circuit court to the district court of appeal or to the Supreme
  292  Court, in addition to the filing fee required under s. 25.241 or
  293  s. 35.22, a filing fee not to exceed $100, of which the clerk
  294  shall remit $20 to the Department of Revenue for deposit into
  295  the General Revenue Fund.
  296  
  297  If the party is determined to be indigent, the clerk shall defer
  298  payment of the fee otherwise required by this subsection.
  299         Section 4. This act shall take effect July 1, 2020.