Florida Senate - 2025 SB 538
By Senator Bradley
6-00636-25 2025538__
1 A bill to be entitled
2 An act relating to the state courts system; amending
3 s. 26.20, F.S.; revising the availability of judges to
4 require at least one circuit judge in each circuit to
5 be available for hearings with limited notice;
6 amending s. 44.103, F.S.; deleting the per diem cap
7 for arbitrators who participate in court-ordered,
8 nonbinding arbitration; amending s. 92.50, F.S.;
9 authorizing judges to authenticate a jurat, or
10 certificate of proof or acknowledgment, by affixing
11 their signature and printing their name, title, and
12 court; reenacting ss. 28.2221(6)(b), 92.525(1),
13 110.12301(2)(a) and (d), and 112.181(2), F.S.,
14 relating to electronic access to official records
15 restricted from public display, inspection, or
16 copying; verification of documents; spouse and
17 dependent eligibility verification by affidavit; and
18 affidavits from firefighters, paramedics, emergency
19 medical technicians, law enforcement officers, and
20 correctional officers to be entitled to a certain
21 presumption, respectively, to incorporate the
22 amendment made to s. 92.50, F.S., in references
23 thereto; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 26.20, Florida Statutes, is amended to
28 read:
29 26.20 Availability of judge for hearings in chambers.—In
30 circuits having more than one circuit judge, At least one
31 circuit judge in each circuit must of said judges shall be
32 available as nearly as possible at all times to hold and conduct
33 hearings with limited notice in chambers. In each circuit, there
34 must be at least one judge available on Saturdays, Sundays,
35 holidays, and after hours on weekdays to hear motions for a
36 temporary injunction ex parte in domestic violence cases. The
37 chief judge may assign a judge for this purpose.
38 Section 2. Subsection (3) of section 44.103, Florida
39 Statutes, is amended to read:
40 44.103 Court-ordered, nonbinding arbitration.—
41 (3) Arbitrators shall be selected and compensated in
42 accordance with rules adopted by the Supreme Court. Arbitrators
43 shall be compensated by the parties, or, upon a finding by the
44 court that a party is indigent, an arbitrator may be partially
45 or fully compensated from state funds according to the party’s
46 present ability to pay. At no time may an arbitrator charge more
47 than $1,500 per diem, unless the parties agree otherwise. Prior
48 to approving the use of state funds to reimburse an arbitrator,
49 the court must ensure that the party reimburses the portion of
50 the total cost that the party is immediately able to pay and
51 that the party has agreed to a payment plan established by the
52 clerk of the court that will fully reimburse the state for the
53 balance of all state costs for both the arbitrator and any costs
54 of administering the payment plan and any collection efforts
55 that may be necessary in the future. Whenever possible,
56 qualified individuals who have volunteered their time to serve
57 as arbitrators shall be appointed. If an arbitration program is
58 funded pursuant to s. 44.108, volunteer arbitrators shall be
59 entitled to be reimbursed pursuant to s. 112.061 for all actual
60 expenses necessitated by service as an arbitrator.
61 Section 3. Subsection (1) of section 92.50, Florida
62 Statutes, is amended to read:
63 92.50 Oaths, affidavits, and acknowledgments; who may take
64 or administer; requirements.—
65 (1) IN THIS STATE.—Oaths, affidavits, and acknowledgments
66 required or authorized under the laws of this state (except
67 oaths to jurors and witnesses in court and such other oaths,
68 affidavits and acknowledgments as are required by law to be
69 taken or administered by or before particular officers) may be
70 taken or administered by or before any judge, clerk, or deputy
71 clerk of any court of record within this state, including
72 federal courts, or by or before any United States commissioner
73 or any notary public within this state. The jurat, or
74 certificate of proof or acknowledgment, shall be authenticated
75 by the signature and official seal of such officer or person
76 taking or administering the same; however, when taken or
77 administered by or before any judge, clerk, or deputy clerk of a
78 court of record, the seal of such court may be affixed as the
79 seal of such officer or person. The jurat, or certificate of
80 proof or acknowledgment, may also be authenticated by a judge by
81 affixing his or her signature and printing his or her name,
82 title, and court.
83 Section 4. For the purpose of incorporating the amendment
84 made by this act to section 92.50, Florida Statutes, in a
85 reference thereto, paragraph (b) of subsection (6) of section
86 28.2221, Florida Statutes, is reenacted to read:
87 28.2221 Electronic access to official records.—
88 (6)
89 (b)1. For the purpose of conducting a title search, as
90 defined in s. 627.7711(4), of the Official Records, as described
91 in s. 28.222(2), and upon presentation of photo identification
92 and affirmation by sworn affidavit consistent with s. 92.50 to
93 the county recorder, information restricted from public display,
94 inspection, or copying under paragraph (5)(a) pursuant to a
95 request for removal made under s. 119.071(4)(d) may be disclosed
96 to:
97 a. A title insurer authorized pursuant to s. 624.401 and
98 its affiliates as defined in s. 624.10;
99 b. A title insurance agent or title insurance agency as
100 defined in s. 626.841(1) and (2), respectively; or
101 c. An attorney duly admitted to practice law in this state
102 and in good standing with The Florida Bar.
103 2. The photo identification and affirmation by sworn
104 affidavit may be delivered in person, by mail, or by electronic
105 transmission to the county recorder.
106 3. The affiant requestor must attest to his or her
107 authority and the authorized purpose to access exempt
108 information pursuant to this section for the property specified
109 within the sworn affidavit.
110 4. The affiant requestor must identify the Official Records
111 book and page number, instrument number, or the clerk’s file
112 number for each document requested within the sworn affidavit
113 and must include a description of the lawful purpose and
114 identify the individual or property that is the subject of the
115 search within the sworn affidavit.
116 5. Affidavits submitted by a title insurer, title insurance
117 agent, or title insurance agency must include the Florida
118 Company Code or the license number, as applicable, and an
119 attestation to the affiant requestor’s authorization to transact
120 business in this state. Affidavits submitted by an attorney
121 authorized under this section must include the affiant
122 requestor’s Florida Bar number and a statement that the affiant
123 requestor has an agency agreement with a title insurer directly
124 or through his or her law firm.
125 6. The county recorder must record such affidavit in the
126 Official Records, as described in s. 28.222(2), but may not
127 place the image or copy of the affidavit on a publicly available
128 Internet website for general public display.
129 7. Upon providing a document disclosing redacted
130 information to an affiant requestor under this section, the
131 county recorder must provide a copy of the affidavit requesting
132 disclosure of the redacted information to each affected party at
133 the address listed on the document or on the request for removal
134 made by the affected party under s. 119.071. The county recorder
135 must prepare a certificate of mailing to be affixed to the
136 affidavit and must receive the statutory service charges as
137 prescribed by s. 28.24 from the affiant requestor.
138 8. Any party making a false attestation under this section
139 is subject to the penalty of perjury under s. 837.012.
140 Section 5. For the purpose of incorporating the amendment
141 made by this act to section 92.50, Florida Statutes, in a
142 reference thereto, subsection (1) of section 92.525, Florida
143 Statutes, is reenacted to read:
144 92.525 Verification of documents; perjury by false written
145 declaration, penalty.—
146 (1) If authorized or required by law, by rule of an
147 administrative agency, or by rule or order of court that a
148 document be verified by a person, the verification may be
149 accomplished in the following manner:
150 (a) Under oath or affirmation taken or administered before
151 an officer authorized under s. 92.50 to administer oaths;
152 (b) Under oath or affirmation taken or administered by an
153 officer authorized under s. 117.10 to administer oaths; or
154 (c) By the signing of the written declaration prescribed in
155 subsection (2).
156 Section 6. For the purpose of incorporating the amendment
157 made by this act to section 92.50, Florida Statutes, in
158 references thereto, paragraphs (a) and (d) of subsection (2) of
159 section 110.12301, Florida Statutes, are reenacted to read:
160 110.12301 Competitive procurement of postpayment claims
161 review services and dependent eligibility verification services;
162 public records exemption.—
163 (2) The department is directed to contract for dependent
164 eligibility verification services for the state group insurance
165 program.
166 (a) The department or the contractor providing dependent
167 eligibility verification services may require the following
168 information from subscribers:
169 1. To prove a spouse’s eligibility:
170 a. If married less than 12 months and the subscriber and
171 his or her spouse have not filed a joint federal income tax
172 return, a government-issued marriage certificate;
173 b. If married for 12 or more months, a transcript of the
174 most recently filed federal income tax return; or
175 c. If the documentation specified in sub-subparagraph a. or
176 sub-subparagraph b. cannot be produced, an attestation of the
177 marriage by sworn affidavit consistent with s. 92.50.
178 2. To prove a biological child’s or a newborn grandchild’s
179 eligibility:
180 a. A government-issued birth certificate; or
181 b. If a birth certificate cannot be produced, an
182 attestation of the subscriber-dependent relationship by sworn
183 affidavit consistent with s. 92.50.
184 3. To prove an adopted child’s eligibility:
185 a. An adoption certificate;
186 b. An adoption placement agreement and a petition for
187 adoption; or
188 c. If the documentation specified in sub-subparagraph a. or
189 sub-subparagraph b. cannot be produced, an attestation of the
190 subscriber-dependent relationship by sworn affidavit consistent
191 with s. 92.50.
192 4. To prove a stepchild’s eligibility:
193 a. A government-issued birth certificate for the stepchild;
194 and
195 b. The transcript of the subscriber’s most recently filed
196 federal income tax return.
197 5. To prove a child’s eligibility under a guardianship, a
198 copy of the court order naming the subscriber or the
199 subscriber’s spouse as the child’s legal guardian or custodian.
200 6. To prove a foster child’s eligibility, a copy of the
201 records showing the subscriber or the subscriber’s spouse as the
202 dependent’s foster parent.
203 7. To prove eligibility of an unmarried child age 26 to 30:
204 a. A copy of the child’s government-issued birth
205 certificate or adoption certificate naming the subscriber or the
206 subscriber’s spouse as the child’s parent, or a copy of the
207 court order naming the subscriber or the subscriber’s spouse as
208 the child’s legal guardian or custodian;
209 b. A copy of the Certification of Over-Age Dependent
210 Eligibility Form; and
211 c. A document confirming the child’s current enrollment as
212 a student, including the name of the child, the name of the
213 school, and the school term; or a bill or statement in the
214 child’s name which is dated within the past 60 days and is
215 mailed to the child at a Florida address.
216 8. To prove eligibility for a disabled child age 26 or
217 older:
218 a. A copy of the child’s government-issued birth
219 certificate or adoption certificate naming the subscriber or the
220 subscriber’s spouse as the child’s parent, or a copy of the
221 court order naming the subscriber or the subscriber’s spouse as
222 the child’s legal guardian or custodian; and
223 b. A copy of the transcript of the subscriber’s most
224 recently filed federal income tax return listing the child’s
225 name and the last four digits of the child’s social security
226 number and identifying the child as the subscriber’s dependent
227 for tax purposes.
228 (d) Foreign-born subscribers unable to obtain the necessary
229 documentation within the specified time period of producing
230 verification documentation may provide a sworn affidavit
231 consistent with s. 92.50 attesting to eligibility requirements.
232 Section 7. For the purpose of incorporating the amendment
233 made by this act to section 92.50, Florida Statutes, in a
234 reference thereto, subsection (2) of section 112.181, Florida
235 Statutes, is reenacted to read:
236 112.181 Firefighters, paramedics, emergency medical
237 technicians, law enforcement officers, correctional officers;
238 special provisions relative to certain communicable diseases.—
239 (2) PRESUMPTION; ELIGIBILITY CONDITIONS.—Any emergency
240 rescue or public safety worker who suffers a condition or
241 impairment of health that is caused by hepatitis, meningococcal
242 meningitis, or tuberculosis, that requires medical treatment,
243 and that results in total or partial disability or death shall
244 be presumed to have a disability suffered in the line of duty,
245 unless the contrary is shown by competent evidence; however, in
246 order to be entitled to the presumption, the emergency rescue or
247 public safety worker must, by written affidavit as provided in
248 s. 92.50, verify by written declaration that, to the best of his
249 or her knowledge and belief:
250 (a) In the case of a medical condition caused by or derived
251 from hepatitis, he or she has not:
252 1. Been exposed, through transfer of bodily fluids, to any
253 person known to have sickness or medical conditions derived from
254 hepatitis, outside the scope of his or her employment;
255 2. Had a transfusion of blood or blood components, other
256 than a transfusion arising out of an accident or injury
257 happening in connection with his or her present employment, or
258 received any blood products for the treatment of a coagulation
259 disorder since last undergoing medical tests for hepatitis,
260 which tests failed to indicate the presence of hepatitis;
261 3. Engaged in unsafe sexual practices or other high-risk
262 behavior, as identified by the Centers for Disease Control and
263 Prevention or the Surgeon General of the United States, or had
264 sexual relations with a person known to him or her to have
265 engaged in such unsafe sexual practices or other high-risk
266 behavior; or
267 4. Used intravenous drugs not prescribed by a physician.
268 (b) In the case of meningococcal meningitis, in the 10 days
269 immediately preceding diagnosis he or she was not exposed,
270 outside the scope of his or her employment, to any person known
271 to have meningococcal meningitis or known to be an asymptomatic
272 carrier of the disease.
273 (c) In the case of tuberculosis, in the period of time
274 since the worker’s last negative tuberculosis skin test, he or
275 she has not been exposed, outside the scope of his or her
276 employment, to any person known by him or her to have
277 tuberculosis.
278 Section 8. This act shall take effect July 1, 2025.