Florida Senate - 2021                                     SB 382
       
       
        
       By Senator Hooper
       
       
       
       
       
       16-00592-21                                            2021382__
    1                        A bill to be entitled                      
    2         An act relating to clerks of the court; amending s.
    3         28.222, F.S.; requiring certain service charges to be
    4         distributed in a specified manner; amending s. 28.24,
    5         F.S.; defining the term “court record”; specifying the
    6         amount of charges for certain services rendered by,
    7         and instruments filed with, the clerk of the circuit
    8         court which are not court records; amending s. 28.241,
    9         F.S.; revising the distribution of revenue from filing
   10         fees from the institution of certain appellate
   11         proceedings; amending s. 40.29, F.S.; requiring the
   12         clerks of the court to submit requests for
   13         reimbursement for jury-related costs to the Florida
   14         Clerks of Court Operations Corporation within
   15         specified timeframes; requiring the corporation to
   16         review such requests for reimbursement; requiring the
   17         corporation to submit certain information to the
   18         Justice Administrative Commission; requiring the
   19         commission to review the information and submit a
   20         request for payment to the Chief Financial Officer
   21         under certain circumstances; removing a provision
   22         authorizing the commission to apportion funds among
   23         the counties for certain purposes; amending ss. 27.52,
   24         28.22205, 28.246, 45.035, 55.141, 57.082, 197.502,
   25         197.532, 197.542, 197.582, 569.23, and 712.06, F.S.;
   26         conforming cross-references to changes made by the
   27         act; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsection (7) of section 28.222, Florida
   32  Statutes, is amended to read:
   33         28.222 Clerk to be county recorder.—
   34         (7)(a) All instruments recorded in the Official Records
   35  must remain shall always be open to the public, under the
   36  supervision of the clerk, for the purpose of inspection thereof
   37  and of making extracts therefrom.; but
   38         (b) The clerk is shall not be required to perform any
   39  service in connection with such inspection or making of extracts
   40  without payment of service charges as provided in s. 28.24.
   41         (c)The clerk, in his or her capacity as county recorder,
   42  must retain the service charge payments under s. 28.24, except
   43  that those service charge payments that relate to court records
   44  or functions and meet the description of court-related functions
   45  in s. 28.35(3)(a) must be distributed for those court-related
   46  functions.
   47         Section 2. Section 28.24, Florida Statutes, is amended to
   48  read:
   49         28.24 Service charges.—The clerk of the circuit court shall
   50  charge for services rendered manually or electronically by the
   51  clerk’s office in recording documents and instruments and in
   52  performing other specified duties. These charges may not exceed
   53  those specified in this section, except as provided in s.
   54  28.345.
   55         (1) For purposes of this section, the term “court record”
   56  means the contents of a court file and includes:
   57         (a)Progress dockets and other similar records generated to
   58  document activity in a case.
   59         (b)Transcripts filed with the clerk.
   60         (c)Documentary exhibits in the custody of the clerk.
   61         (d)Electronic records, video recordings, and stenographic
   62  tapes of depositions or other proceedings filed with the clerk.
   63         (e)Electronic records, video recordings, and stenographic
   64  tapes of court proceedings.
   65         (2) For examining, comparing, correcting, verifying, and
   66  certifying transcripts of record in appellate proceedings,
   67  prepared by attorney for appellant or someone else other than
   68  clerk, per page: 5.00, from which the clerk shall remit 0.50 per
   69  page to the Department of Revenue for deposit into the General
   70  Revenue Fund.
   71         (3)(2) For preparing, numbering, and indexing an original
   72  record of appellate proceedings, per instrument: 3.50, from
   73  which the clerk shall remit 0.50 per instrument to the
   74  Department of Revenue for deposit into the General Revenue Fund.
   75         (4)(a)(3) For certifying copies of any instrument that is a
   76  court record in the public records: 2.00, from which the clerk
   77  shall remit 0.50 to the Department of Revenue for deposit into
   78  the General Revenue Fund.
   79         (b)For certifying copies of any instrument that is not a
   80  court record in the public records, per page: 2.00.
   81         (5)(a)(4) For verifying any instrument presented for
   82  certification prepared by someone other than clerk, per page:
   83  3.50, from which the clerk shall remit 0.50 per page to the
   84  Department of Revenue for deposit into the General Revenue Fund.
   85         (b)For verifying any instrument that is not a court record
   86  presented for certification prepared by someone other than the
   87  clerk, per page: 3.50.
   88         (6)(a)(5)(a) For making copies by photographic process of
   89  any instrument in the public records consisting of pages of not
   90  more than 14 inches by 8 1/2 inches, per page:.............1.00.
   91         (b) For making copies by photographic process of any
   92  instrument in the public records of more than 14 inches by 8 1/2
   93  inches, per page:..........................................5.00.
   94         (7)(6) For making microfilm copies of any public records:
   95         (a) That are court records:
   96         1. 16 mm 100′ microfilm roll: 42.00, from which the clerk
   97  shall remit 4.50 to the Department of Revenue for deposit into
   98  the General Revenue Fund.
   99         2.(b) 35 mm 100′ microfilm roll: 60.00, from which the
  100  clerk shall remit 7.50 to the Department of Revenue for deposit
  101  into the General Revenue Fund.
  102         3.(c) Microfiche, per fiche: 3.50, from which the clerk
  103  shall remit 0.50 to the Department of Revenue for deposit into
  104  the General Revenue Fund.
  105         (b)That are not court records:
  106         1.16 mm 100’ microfilm roll: 42.00.
  107         2.35 mm 100’ microfilm roll: 60.00.
  108         3.Microfiche, per fiche: 3.50.
  109         (8)(7) For copying any instrument in the public records by
  110  other than photographic process, per page:.................6.00.
  111         (9)(a)(8) For writing any paper that is a court record
  112  other than a paper otherwise herein specifically mentioned in
  113  this section, same as for copying, including signing and
  114  sealing: 7.00, from which the clerk shall remit 1.00 to the
  115  Department of Revenue for deposit into the General Revenue Fund.
  116         (b)For writing any paper that is not a court record other
  117  than a paper otherwise specifically mentioned in this section,
  118  including signing and sealing: 7.00.
  119         (10)(9) For indexing each entry not recorded:.......1.00.
  120         (11)(10) For receiving money into the registry of court:
  121         (a)1. First $500: 3, percent............................3
  122         2. Each subsequent $100: 1.5, percent.................1.5
  123         (b) Eminent domain actions, per deposit: 170.00, from which
  124  the clerk shall remit 20.00 per deposit to the Department of
  125  Revenue for deposit into the General Revenue Fund.
  126         (12)(11) For examining, certifying, and recording plats and
  127  for recording condominium exhibits larger than 14 inches by 8
  128  1/2 inches:
  129         (a) First page:....................................30.00.
  130         (b) Each additional page:..........................15.00.
  131         (13)(12) For recording, indexing, and filing any instrument
  132  not more than 14 inches by 8 1/2 inches, including required
  133  notice to property appraiser where applicable:
  134         (a) First page or fraction thereof:.................5.00.
  135         (b) Each additional page or fraction thereof:.......4.00.
  136         (c) For indexing instruments recorded in the official
  137  records which contain more than four names, per additional
  138  name:......................................................1.00.
  139         (d) An additional service charge must be paid to the clerk
  140  of the circuit court to be deposited in the Public Records
  141  Modernization Trust Fund for each instrument listed in s.
  142  28.222, except judgments received from the courts and notices of
  143  lis pendens, recorded in the official records:
  144         1. First page:......................................1.00.
  145         2. Each additional page:............................0.50.
  146  
  147  Said fund must be held in trust by the clerk and used
  148  exclusively for equipment and maintenance of equipment,
  149  personnel training, and technical assistance in modernizing the
  150  public records system of the office. In a county where the duty
  151  of maintaining official records exists in an office other than
  152  the office of the clerk of the circuit court, the clerk of the
  153  circuit court is entitled to 25 percent of the moneys deposited
  154  into the trust fund for equipment, maintenance of equipment,
  155  training, and technical assistance in modernizing the system for
  156  storing records in the office of the clerk of the circuit court.
  157  The fund may not be used for the payment of travel expenses,
  158  membership dues, bank charges, staff-recruitment costs, salaries
  159  or benefits of employees, construction costs, general operating
  160  expenses, or other costs not directly related to obtaining and
  161  maintaining equipment for public records systems or for the
  162  purchase of furniture or office supplies and equipment not
  163  related to the storage of records. On or before December 1,
  164  1995, and on or before December 1 of each year immediately
  165  preceding each year during which the trust fund is scheduled for
  166  legislative review under s. 19(f)(2), Art. III of the State
  167  Constitution, each clerk of the circuit court shall file a
  168  report on the Public Records Modernization Trust Fund with the
  169  President of the Senate and the Speaker of the House of
  170  Representatives. The report must itemize each expenditure made
  171  from the trust fund since the last report was filed; each
  172  obligation payable from the trust fund on that date; and the
  173  percentage of funds expended for each of the following:
  174  equipment, maintenance of equipment, personnel training, and
  175  technical assistance. The report must indicate the nature of the
  176  system each clerk uses to store, maintain, and retrieve public
  177  records and the degree to which the system has been upgraded
  178  since the creation of the trust fund.
  179         (e) An additional service charge of $4 per page shall be
  180  paid to the clerk of the circuit court for each instrument
  181  listed in s. 28.222, except judgments received from the courts
  182  and notices of lis pendens, recorded in the official records.
  183  From the additional $4 service charge collected:
  184         1. If the counties maintain legal responsibility for the
  185  costs of the court-related technology needs as defined in s.
  186  29.008(1)(f)2. and (h), 10 cents shall be distributed to the
  187  Florida Association of Court Clerks and Comptrollers, Inc., for
  188  the cost of development, implementation, operation, and
  189  maintenance of the clerks’ Comprehensive Case Information
  190  System; $1.90 shall be retained by the clerk to be deposited in
  191  the Public Records Modernization Trust Fund and used exclusively
  192  for funding court-related technology needs of the clerk as
  193  defined in s. 29.008(1)(f)2. and (h); and $2 shall be
  194  distributed to the board of county commissioners to be used
  195  exclusively to fund court-related technology, and court
  196  technology needs as defined in s. 29.008(1)(f)2. and (h) for the
  197  state trial courts, state attorney, public defender, and
  198  criminal conflict and civil regional counsel in that county. If
  199  the counties maintain legal responsibility for the costs of the
  200  court-related technology needs as defined in s. 29.008(1)(f)2.
  201  and (h), notwithstanding any other provision of law, the county
  202  is not required to provide additional funding beyond that
  203  provided in this section herein for the court-related technology
  204  needs of the clerk as defined in s. 29.008(1)(f)2. and (h). All
  205  court records and official records are the property of the State
  206  of Florida, including any records generated as part of the
  207  Comprehensive Case Information System funded pursuant to this
  208  paragraph and the clerk of court is designated as the custodian
  209  of such records, except in a county where the duty of
  210  maintaining official records exists in a county office other
  211  than the clerk of court or comptroller, such county office is
  212  designated the custodian of all official records, and the clerk
  213  of court is designated the custodian of all court records. The
  214  clerk of court or any entity acting on behalf of the clerk of
  215  court, including an association, may not charge a fee to any
  216  agency as defined in s. 119.011, the Legislature, or the State
  217  Court System for copies of records generated by the
  218  Comprehensive Case Information System or held by the clerk of
  219  court or any entity acting on behalf of the clerk of court,
  220  including an association.
  221         2. If the state becomes legally responsible for the costs
  222  of court-related technology needs as defined in s.
  223  29.008(1)(f)2. and (h), whether by operation of general law or
  224  by court order, $4 shall be remitted to the Department of
  225  Revenue for deposit into the General Revenue Fund.
  226         (14)(a)(13) Oath, administering, attesting, and sealing of
  227  court records, not otherwise provided for in this section
  228  herein: 3.50, from which the clerk shall remit 0.50 to the
  229  Department of Revenue for deposit into the General Revenue Fund.
  230         (b)Oath, administering, attesting, and sealing of records
  231  that are not court records not otherwise provided for in this
  232  section: 3.50.
  233         (15)(a)(14) For validating certificates or, any authorized
  234  bonds that are court records, each: 3.50, from which the clerk
  235  shall remit 0.50 each to the Department of Revenue for deposit
  236  into the General Revenue Fund.
  237         (b)For validating certificates or any authorized bonds
  238  that are not court records, each: 3.50.
  239         (16)(15) For preparing affidavit of domicile:.......5.00.
  240         (17)(16) For exemplified certificates, including the
  241  signing and sealing of them: 7.00, from which the clerk shall
  242  remit 1.00 to the Department of Revenue for deposit into the
  243  General Revenue Fund.
  244         (18)(a)(17) For authenticated certificates that are court
  245  records, including the signing and sealing of them: 7.00, from
  246  which the clerk shall remit 1.00 to the Department of Revenue
  247  for deposit into the General Revenue Fund.
  248         (b)For authenticated certificates that are not court
  249  records, including the signing and sealing of them: 7.00.
  250         (19)(a)(18)(a) For issuing and filing a subpoena for a
  251  witness, not otherwise provided for in this section, including
  252  the herein (includes writing, preparing, signing, and sealing of
  253  it): 7.00, from which the clerk shall remit 1.00 to the
  254  Department of Revenue for deposit into the General Revenue Fund.
  255         (b) For signing and sealing only: 2.00, from which the
  256  clerk shall remit 0.50 to the Department of Revenue for deposit
  257  into the General Revenue Fund.
  258         (20)(a)(19) For approving a court bond: 8.50, from which
  259  the clerk shall remit 1.00 to the Department of Revenue for
  260  deposit into the General Revenue Fund.
  261         (b)For approving a bond: 8.50.
  262         (21)(a)(20) For searching court of records, for each year’s
  263  search: 2.00, from which the clerk shall remit 0.50 for each
  264  year’s search to the Department of Revenue for deposit into the
  265  General Revenue Fund.
  266         (b)For searching records that are not court records, for
  267  each year’s search: 2.00.
  268         (22)(21) For processing an application for a tax deed sale
  269  (includes application, sale, issuance, and preparation of tax
  270  deed, and disbursement of proceeds of sale), other than excess
  271  proceeds:.................................................60.00.
  272         (23)(22) For disbursement of excess proceeds of tax deed
  273  sale, first $100 or fraction thereof:.....................10.00.
  274         (24)(23) Upon receipt of an application for a marriage
  275  license, for preparing and administering of oath; issuing,
  276  sealing, and recording of the marriage license; and providing a
  277  certified copy:...........................................30.00.
  278         (25)(24) For solemnizing matrimony:................30.00.
  279         (26)(25) For sealing any court file or expungement of any
  280  record: 42.00, from which the clerk shall remit 4.50 to the
  281  Department of Revenue for deposit into the General Revenue Fund.
  282         (27)(a)(26)(a) For receiving and disbursing all restitution
  283  payments, per payment: 3.50, from which the clerk shall remit
  284  0.50 per payment to the Department of Revenue for deposit into
  285  the General Revenue Fund.
  286         (b) For receiving and disbursing all partial payments,
  287  other than restitution payments, for which an administrative
  288  processing service charge is not imposed pursuant to s. 28.246,
  289  per month:.................................................5.00.
  290         (c) For setting up a payment plan, a one-time
  291  administrative processing charge in lieu of a per month charge
  292  under paragraph (b):......................................25.00.
  293         (28)(27) Postal charges incurred by the clerk of the
  294  circuit court in any mailing by certified or registered mail
  295  must be paid by the party at whose instance the mailing is made.
  296         (29)(28) For furnishing an electronic copy of information
  297  contained in a computer database: a fee as provided for in
  298  chapter 119.
  299         Section 3. Subsection (2) of section 28.241, Florida
  300  Statutes, is amended to read:
  301         28.241 Filing fees for trial and appellate proceedings.—
  302         (2) Upon the institution of any appellate proceeding from
  303  any lower court to the circuit court of any such county,
  304  including appeals filed by a county or municipality as provided
  305  in s. 34.041(5), or from the county or circuit court to an
  306  appellate court of the state, the clerk shall charge and collect
  307  from the party or parties instituting such appellate proceedings
  308  a filing fee, as follows: not to exceed $280, from which the
  309  clerk shall remit $20 to the Department of Revenue for deposit
  310  into the General Revenue Fund,
  311         (a) For filing a notice of appeal from the county court to
  312  the circuit court, a filing fee not to exceed $280. and, in
  313  addition to the filing fee required under s. 25.241 or s. 35.22,
  314  $100
  315         (b) For filing a notice of appeal from the county or
  316  circuit court to the district court of appeal or to the Supreme
  317  Court, in addition to the filing fee required under s. 25.241 or
  318  s. 35.22, a filing fee not to exceed $100, of which the clerk
  319  shall remit $20 to the Department of Revenue for deposit into
  320  the General Revenue Fund. If the party is determined to be
  321  indigent, the clerk shall defer payment of the fee otherwise
  322  required by this subsection.
  323         Section 4. Subsection (5) of section 40.29, Florida
  324  Statutes, is amended to read:
  325         40.29 Payment of due-process costs.—
  326         (5) The Justice Administrative Commission shall reimburse
  327  provide funds to the clerks of the court to compensate jurors,
  328  to pay for meals or lodging provided to jurors, and to pay for
  329  jury-related personnel costs as provided in this section. Each
  330  clerk of the court must submit a request for reimbursement shall
  331  forward to the Florida Clerks of Court Operations Corporation
  332  within 20 days after each quarter attesting to the clerk’s
  333  actual costs Justice Administrative Commission a quarterly
  334  estimate of funds necessary to compensate jurors, to and pay for
  335  meals or lodging provided to jurors, and to pay for jury-related
  336  personnel costs during the upcoming quarter. The Florida Clerks
  337  of Court Operations Corporation must review the request for
  338  reimbursement to ensure that the costs are reasonably and
  339  directly related to jury management. The Florida Clerks of Court
  340  Operations Corporation must shall forward to the Justice
  341  Administrative Commission a quarterly estimate of the amount
  342  necessary to reimburse each clerk of the court for its personnel
  343  and other costs related to jury management unless the total
  344  request for reimbursement by the clerks exceeds the quarterly
  345  funds available to the Justice Administrative Commission, in
  346  which case the Florida Clerks of Court Operations Corporation
  347  shall adjust the cumulative total to match the available funds
  348  before submitting the request to the Justice Administrative
  349  Commission. Upon receipt of each request for reimbursement such
  350  estimates, the Justice Administrative Commission must review
  351  shall determine the amount deemed necessary for payment to the
  352  clerks of the court for the most recently completed during the
  353  upcoming quarter, determine if the total payment amount is
  354  available, and submit a request for payment to the Chief
  355  Financial Officer. If the Justice Administrative Commission
  356  believes that the amount appropriated by the Legislature is
  357  insufficient to meet such costs during the remaining part of the
  358  state fiscal year, the commission may apportion the funds
  359  appropriated in the General Appropriations Act for those
  360  purposes among the several counties, basing the apportionment
  361  upon the amount expended for such purposes in each county during
  362  the prior fiscal year, in which case, the Chief Financial
  363  Officer shall issue the appropriate apportioned amount by
  364  warrant to each county. The clerks of the court are responsible
  365  for any compensation to jurors, for payments for meals or
  366  lodging provided to jurors, and for jury-related personnel costs
  367  that exceed the funding provided in the General Appropriations
  368  Act for these purposes.
  369         Section 5. Paragraph (i) of subsection (5) of section
  370  27.52, Florida Statutes, is amended to read:
  371         27.52 Determination of indigent status.—
  372         (5) INDIGENT FOR COSTS.—A person who is eligible to be
  373  represented by a public defender under s. 27.51 but who is
  374  represented by private counsel not appointed by the court for a
  375  reasonable fee as approved by the court or on a pro bono basis,
  376  or who is proceeding pro se, may move the court for a
  377  determination that he or she is indigent for costs and eligible
  378  for the provision of due process services, as prescribed by ss.
  379  29.006 and 29.007, funded by the state.
  380         (i) A defendant who is found guilty of a criminal act by a
  381  court or jury or enters a plea of guilty or nolo contendere and
  382  who received due process services after being found indigent for
  383  costs under this subsection is liable for payment of due process
  384  costs expended by the state.
  385         1. The attorney representing the defendant, or the
  386  defendant if he or she is proceeding pro se, shall provide an
  387  accounting to the court delineating all costs paid or to be paid
  388  by the state within 90 days after disposition of the case
  389  notwithstanding any appeals.
  390         2. The court shall issue an order determining the amount of
  391  all costs paid by the state and any costs for which prepayment
  392  was waived under this section or s. 57.081. The clerk shall
  393  cause a certified copy of the order to be recorded in the
  394  official records of the county, at no cost. The recording
  395  constitutes a lien against the person in favor of the state in
  396  the county in which the order is recorded. The lien may be
  397  enforced in the same manner prescribed in s. 938.29.
  398         3. If the attorney or the pro se defendant fails to provide
  399  a complete accounting of costs expended by the state and
  400  consequently costs are omitted from the lien, the attorney or
  401  pro se defendant may not receive reimbursement or any other form
  402  of direct or indirect payment for those costs if the state has
  403  not paid the costs. The attorney or pro se defendant shall repay
  404  the state for those costs if the state has already paid the
  405  costs. The clerk of the court may establish a payment plan under
  406  s. 28.246 and may charge the attorney or pro se defendant a one
  407  time administrative processing charge under s. 28.24(27)(c) s.
  408  28.24(26)(c).
  409         Section 6. Section 28.22205, Florida Statutes, is amended
  410  to read:
  411         28.22205 Electronic filing process.—Each clerk of court
  412  shall implement an electronic filing process. The purpose of the
  413  electronic filing process is to reduce judicial costs in the
  414  office of the clerk and the judiciary, increase timeliness in
  415  the processing of cases, and provide the judiciary with case
  416  related information to allow for improved judicial case
  417  management. The Legislature requests that the Supreme Court set
  418  statewide standards for electronic filing to be used by the
  419  clerks of court to implement electronic filing. The standards
  420  should specify the required information for the duties of the
  421  clerks of court and the judiciary for case management. Revenues
  422  provided to counties and the clerk of court under s.
  423  28.24(13)(e) s. 28.24(12)(e) for information technology may also
  424  be used to implement electronic filing processes.
  425         Section 7. Subsection (5) of section 28.246, Florida
  426  Statutes, is amended to read:
  427         28.246 Payment of court-related fines or other monetary
  428  penalties, fees, charges, and costs; partial payments;
  429  distribution of funds.—
  430         (5) When receiving partial payment of fees, service
  431  charges, court costs, and fines, clerks shall distribute funds
  432  according to the following order of priority:
  433         (a) That portion of fees, service charges, court costs, and
  434  fines to be remitted to the state for deposit into the General
  435  Revenue Fund.
  436         (b) That portion of fees, service charges, court costs, and
  437  fines required to be retained by the clerk of the court or
  438  deposited into the Clerks of the Court Trust Fund within the
  439  Department of Revenue.
  440         (c) That portion of fees, service charges, court costs, and
  441  fines payable to state trust funds, allocated on a pro rata
  442  basis among the various authorized funds if the total collection
  443  amount is insufficient to fully fund all such funds as provided
  444  by law.
  445         (d) That portion of fees, service charges, court costs, and
  446  fines payable to counties, municipalities, or other local
  447  entities, allocated on a pro rata basis among the various
  448  authorized recipients if the total collection amount is
  449  insufficient to fully fund all such recipients as provided by
  450  law.
  451  
  452  To offset processing costs, clerks may impose either a per-month
  453  service charge pursuant to s. 28.24(27)(b) s. 28.24(26)(b) or a
  454  one-time administrative processing service charge at the
  455  inception of the payment plan pursuant to s. 28.24(27)(c) s.
  456  28.24(26)(c).
  457         Section 8. Section 45.035, Florida Statutes, is amended to
  458  read:
  459         45.035 Clerk’s fees.—In addition to other fees or service
  460  charges authorized by law, the clerk shall receive service
  461  charges related to the judicial sales procedure set forth in ss.
  462  45.031-45.033 ss. 45.031-45.034 and this section:
  463         (1) The clerk shall receive a service charge of $70, from
  464  which the clerk shall remit $10 to the Department of Revenue for
  465  deposit into the General Revenue Fund, for services in making,
  466  recording, and certifying the sale and title, which service
  467  charge shall be assessed as costs and shall be advanced by the
  468  plaintiff before the sale.
  469         (2) If there is a surplus resulting from the sale, the
  470  clerk may receive the following service charges, which shall be
  471  deducted from the surplus:
  472         (a) The clerk may withhold the sum of $28 from the surplus
  473  which may only be used for purposes of educating the public as
  474  to the rights of homeowners regarding foreclosure proceedings.
  475         (b) The clerk is entitled to a service charge of $15 for
  476  each disbursement of surplus proceeds, from which the clerk
  477  shall remit $5 to the Department of Revenue for deposit into the
  478  General Revenue Fund.
  479         (3) If the sale is conducted by electronic means, as
  480  provided in s. 45.031(10), the clerk shall receive an additional
  481  service charge not to exceed $70 for services in conducting or
  482  contracting for the electronic sale, which service charge shall
  483  be assessed as costs and paid when filing for an electronic sale
  484  date. If the clerk requires advance electronic deposits to
  485  secure the right to bid, such deposits shall not be subject to
  486  the fee under s. 28.24(11) s. 28.24(10). The portion of an
  487  advance deposit from a winning bidder required by s. 45.031(3)
  488  shall, upon acceptance of the winning bid, be subject to the fee
  489  under s. 28.24(11) s. 28.24(10).
  490         Section 9. Subsection (2) of section 55.141, Florida
  491  Statutes, is amended to read:
  492         55.141 Satisfaction of judgments and decrees; duties of
  493  clerk.—
  494         (2) Upon such payment, the clerk shall execute and record
  495  in the official records a satisfaction of judgment upon payment
  496  of the recording charge prescribed in s. 28.24(13) s. 28.24(12).
  497  Upon payment of the amount required in subsection (1) and the
  498  recording charge required by this subsection and execution and
  499  recordation of the satisfaction by the clerk, any lien created
  500  by the judgment is satisfied and discharged.
  501         Section 10. Subsection (6) of section 57.082, Florida
  502  Statutes, is amended to read:
  503         57.082 Determination of civil indigent status.—
  504         (6) PROCESSING CHARGE; PAYMENT PLANS.—A person who the
  505  clerk or the court determines is indigent for civil proceedings
  506  under this section shall be enrolled in a payment plan under s.
  507  28.246 and shall be charged a one-time administrative processing
  508  charge under s. 28.24(27)(c) s. 28.24(26)(c). A monthly payment
  509  amount, calculated based upon all fees and all anticipated
  510  costs, is presumed to correspond to the person’s ability to pay
  511  if it does not exceed 2 percent of the person’s annual net
  512  income, as defined in subsection (1), divided by 12. The person
  513  may seek review of the clerk’s decisions regarding a payment
  514  plan established under s. 28.246 in the court having
  515  jurisdiction over the matter. A case may not be impeded in any
  516  way, delayed in filing, or delayed in its progress, including
  517  the final hearing and order, due to nonpayment of any fees or
  518  costs by an indigent person. Filing fees waived from payment
  519  under s. 57.081 may not be included in the calculation related
  520  to a payment plan established under this section.
  521         Section 11. Paragraph (c) of subsection (5) of section
  522  197.502, Florida Statutes, is amended to read:
  523         197.502 Application for obtaining tax deed by holder of tax
  524  sale certificate; fees.—
  525         (5)
  526         (c) Upon receiving the tax deed application from the tax
  527  collector, the clerk shall record a notice of tax deed
  528  application in the official records, which constitutes notice of
  529  the pendency of a tax deed application with respect to the
  530  property and remains effective for 1 year from the date of
  531  recording. A person acquiring an interest in the property after
  532  the tax deed application notice has been recorded is deemed to
  533  be on notice of the pending tax deed sale, and no additional
  534  notice is required. The sale of the property automatically
  535  releases any recorded notice of tax deed application for that
  536  property. If the property is redeemed, the clerk must record a
  537  release of the notice of tax deed application upon payment of
  538  the fees as authorized in s. 28.24(9) and (13) s. 28.24(8) and
  539  (12). The contents of the notice shall be the same as the
  540  contents of the notice of publication required by s. 197.512.
  541  The cost of recording must be collected at the time of
  542  application under subsection (1), and added to the opening bid.
  543         Section 12. Section 197.532, Florida Statutes, is amended
  544  to read:
  545         197.532 Fees for mailing additional notices, when
  546  application is made by holder.—When the certificateholder makes
  547  a written request of the clerk and furnishes the names and
  548  addresses at the time of the filing of the application, the
  549  clerk shall send a copy of the notice referred to in s. 197.522
  550  to anyone to whom the certificateholder may request him or her
  551  to send it, and the clerk shall include in such notice the
  552  statement required in s. 197.522. The certificateholder shall
  553  pay the clerk the service charges as prescribed in s. 28.24(6)
  554  s. 28.24(5) for preparing and mailing each copy of notice
  555  requested by the holder. When the charges are made, they shall
  556  be added by the clerk to the amount required to redeem the land
  557  from sale.
  558         Section 13. Subsection (3) and paragraphs (a) and (b) of
  559  subsection (4) of section 197.542, Florida Statutes, are amended
  560  to read:
  561         197.542 Sale at public auction.—
  562         (3) If the sale is canceled for any reason or the buyer
  563  fails to make full payment within the time required, the clerk
  564  shall readvertise the sale within 30 days after the buyer’s
  565  nonpayment or, if canceled, within 30 days after the clerk
  566  receives the costs of resale. The sale shall be held within 30
  567  days after readvertising. Only one advertisement is necessary.
  568  The amount of the opening bid shall be increased by the cost of
  569  advertising, additional clerk’s fees as provided for in s.
  570  28.24(22) s. 28.24(21), and interest as provided for in
  571  subsection (1). If, at the subsequent sale, there are no bidders
  572  at the tax deed sale and the certificateholder fails to pay the
  573  moneys due within 30 days after the sale, the clerk may not
  574  readvertise the sale and shall place the property on a list
  575  entitled “lands available for taxes.” The clerk must receive
  576  full payment before the issuance of the tax deed.
  577         (4)(a) A clerk may conduct electronic tax deed sales in
  578  lieu of public outcry. The clerk must comply with the procedures
  579  provided in this chapter, except that electronic proxy bidding
  580  shall be allowed and the clerk may require bidders to advance
  581  sufficient funds to pay the deposit required by subsection (2).
  582  The clerk shall provide access to the electronic sale by
  583  computer terminals open to the public at a designated location.
  584  A clerk who conducts such electronic sales may receive
  585  electronic deposits and payments related to the sale. The
  586  portion of an advance deposit from a winning bidder required by
  587  subsection (2) shall, upon acceptance of the winning bid, be
  588  subject to the fee under s. 28.24(11) s. 28.24(10).
  589         (b) This subsection does not restrict or limit the
  590  authority of a charter county to conduct electronic tax deed
  591  sales. In a charter county where the clerk of the circuit court
  592  does not conduct all electronic sales, the charter county shall
  593  be permitted to receive electronic deposits and payments related
  594  to sales it conducts, as well as to subject the winning bidder
  595  to a fee, consistent with the schedule in s. 28.24(11) s.
  596  28.24(10).
  597         Section 14. Paragraph (b) of subsection (2) of section
  598  197.582, Florida Statutes, is amended to read:
  599         197.582 Disbursement of proceeds of sale.—
  600         (2)
  601         (b) The mailed notice must include a form for making a
  602  claim under subsection (3). Service charges at the rate set
  603  forth in s. 28.24(11) s. 28.24(10) and the costs of mailing must
  604  be paid out of the surplus funds held by the clerk. If the clerk
  605  or comptroller certifies that the surplus funds are not
  606  sufficient to cover the service charges and mailing costs, the
  607  clerk shall receive the total amount of surplus funds as a
  608  service charge. For purposes of identifying unclaimed property
  609  pursuant to s. 717.113, excess proceeds shall be presumed
  610  payable or distributable on the date the notice is sent.
  611         Section 15. Paragraph (d) of subsection (3) of section
  612  569.23, Florida Statutes, is amended to read:
  613         569.23 Security requirements for tobacco settlement
  614  agreement signatories, successors, parents, and affiliates.—
  615         (3)
  616         (d) The clerk of the Supreme Court shall collect fees for
  617  receipt of deposits under this subsection as authorized by ss.
  618  28.231 and 28.24(11)(a) 28.24(10)(a). In addition, for as long
  619  as any cash remains on deposit with the clerk pursuant to this
  620  subsection, the clerk of the Supreme Court is entitled to
  621  regularly receive as an additional fee the net investment income
  622  earned thereon. The clerk shall use the services of the Chief
  623  Financial Officer, as needed, for the custody and management of
  624  all bonds, other surety, or cash posted or deposited with the
  625  clerk. All fees collected pursuant to this subsection shall be
  626  deposited in the State Courts Revenue Trust Fund for use as
  627  specified by law.
  628         Section 16. Subsection (3) of section 712.06, Florida
  629  Statutes, is amended to read:
  630         712.06 Contents of notice; recording and indexing.—
  631         (3) The person providing the notice referred to in s.
  632  712.05, other than a notice for preservation of a community
  633  covenant or restriction, shall:
  634         (a) Cause the clerk of the circuit court to mail by
  635  registered or certified mail to the purported owner of said
  636  property, as stated in such notice, a copy thereof and shall
  637  enter on the original, before recording the same, a certificate
  638  showing such mailing. For preparing the certificate, the
  639  claimant shall pay to the clerk the service charge as prescribed
  640  in s. 28.24(9) s. 28.24(8) and the necessary costs of mailing,
  641  in addition to the recording charges as prescribed in s.
  642  28.24(13) s. 28.24(12). If the notice names purported owners
  643  having more than one address, the person filing the same shall
  644  furnish a true copy for each of the several addresses stated,
  645  and the clerk shall send one such copy to the purported owners
  646  named at each respective address. Such certificate shall be
  647  sufficient if the same reads substantially as follows:
  648  
  649         I hereby certify that I did on this ...., mail by
  650  registered (or certified) mail a copy of the foregoing notice to
  651  each of the following at the address stated:
  652  
  653  ...(Clerk of the circuit court)...
  654  of .... County, Florida,
  655  By...(Deputy clerk)...
  656  
  657  The clerk of the circuit court is not required to mail to the
  658  purported owner of such property any such notice that pertains
  659  solely to the preserving of any covenant or restriction or any
  660  portion of a covenant or restriction; or
  661         (b) Publish once a week, for 2 consecutive weeks, the
  662  notice referred to in s. 712.05, with the official record book
  663  and page number in which such notice was recorded, in a
  664  newspaper as defined in chapter 50 in the county in which the
  665  property is located.
  666         Section 17. This act shall take effect July 1, 2021.