SB 838 — Clerks of the Circuit Court

(b) Transcripts filed with the clerk.

(c) Documentary exhibits in the custody of the clerk.

(d) Electronic records, video recordings, and stenographic tapes of depositions or other proceedings filed with the clerk.

(e) Electronic records, video recordings, and stenographic tapes of court proceedings.

(2) For examining, comparing, correcting, verifying, and certifying transcripts of record in appellate proceedings, prepared by attorney for appellant or someone else other than clerk, per page:

5.00, from which the clerk shall remit 0.50 per page to the Department of Revenue for deposit into the General Revenue Fund.

(3)(2) For preparing, numbering, and indexing an original record of appellate proceedings, per instrument:

3.50, from which the clerk shall remit 0.50 per instrument to the Department of Revenue for deposit into the General Revenue Fund.

(4)(a)(3) For certifying copies of any instrument that is a court record in the public records:

2.00, from which the clerk shall remit 0.50 to the Department of Revenue for deposit into the General Revenue Fund.

(b) For certifying copies of any instrument that is not a court record in the public records, per page:

2.00.

(5)(a)(4) For verifying any instrument presented for certification prepared by someone other than clerk, per page:

3.50, from which the clerk shall remit 0.50 per page to the Department of Revenue for deposit into the General Revenue Fund.

(b) For verifying any instrument that is not a court record presented for certification prepared by someone other than the clerk, per page:

3.50.

(6)(a)(5)(a) For making copies by photographic process of any instrument in the public records consisting of pages of not more than 14 inches by 8 1/2 inches, per page:.............1.00.

(b) For making copies by photographic process of any instrument in the public records of more than 14 inches by 8 1/2 inches, per page:..........................................5.00.

(7)(6) For making microfilm copies of any public records:

(a) That are court records:

1. 16 mm 100′ microfilm roll:

42.00, from which the clerk shall remit 4.50 to the Department of Revenue for deposit into the General Revenue Fund.

2.(b) 35 mm 100′ microfilm roll:

60.00, from which the clerk shall remit 7.50 to the Department of Revenue for deposit into the General Revenue Fund.

3.(c) Microfiche, per fiche:

3.50, from which the clerk shall remit 0.50 to the Department of Revenue for deposit into the General Revenue Fund.

(b) That are not court records:

1. 16 mm 100’ microfilm roll:

42.00.

2. 35 mm 100’ microfilm roll:

60.00.

3. Microfiche, per fiche:

3.50.

(8)(7) For copying any instrument in the public records by other than photographic process, per page:.................6.00.

(9)(a)(8) For writing any paper that is a court record other than a paper otherwise herein specifically mentioned in this section, same as for copying, including signing and sealing:

7.00, from which the clerk shall remit 1.00 to the Department of Revenue for deposit into the General Revenue Fund.

(b) For writing any paper that is not a court record other than a paper otherwise specifically mentioned in this section, including signing and sealing:

7.00.

(10)(9) For indexing each entry not recorded:.......1.00.

(11)(10) For receiving money into the registry of court:

(a)1. First $500:

3, percent............................3 2. Each subsequent $100:

1.5, percent.................1.5 (b) Eminent domain actions, per deposit:

170.00, from which the clerk shall remit 20.00 per deposit to the Department of Revenue for deposit into the General Revenue Fund.

(12)(11) For examining, certifying, and recording plats and for recording condominium exhibits larger than 14 inches by 8 1/2 inches:

(a) First page:....................................30.00.

(b) Each additional page:..........................15.00.

(13)(12) For recording, indexing, and filing any instrument not more than 14 inches by 8 1/2 inches, including required notice to property appraiser where applicable:

(a) First page or fraction thereof:.................5.00.

(b) Each additional page or fraction thereof:.......4.00.

(c) For indexing instruments recorded in the official records which contain more than four names, per additional name:......................................................1.00.

(d) An additional service charge must be paid to the clerk of the circuit court to be deposited in the Public Records Modernization Trust Fund for each instrument listed in s.

28.222, except judgments received from the courts and notices of lis pendens, recorded in the official records:

1. First page:......................................1.00.

2. Each additional page:............................0.50.

181 Said fund must be held in trust by the clerk and used exclusively for equipment and maintenance of equipment, personnel training, and technical assistance in modernizing the public records system of the office.

In a county where the duty of maintaining official records exists in an office other than the office of the clerk of the circuit court, the clerk of the circuit court is entitled to 25 percent of the moneys deposited into the trust fund for equipment, maintenance of equipment, training, and technical assistance in modernizing the system for storing records in the office of the clerk of the circuit court.

The fund may not be used for the payment of travel expenses, membership dues, bank charges, staff-recruitment costs, salaries or benefits of employees, construction costs, general operating expenses, or other costs not directly related to obtaining and maintaining equipment for public records systems or for the purchase of furniture or office supplies and equipment not related to the storage of records.

On or before December 1, 1995, and on or before December 1 of each year immediately preceding each year during which the trust fund is scheduled for legislative review under s.

19(f)(2), Art.

III of the State Constitution, each clerk of the circuit court shall file a report on the Public Records Modernization Trust Fund with the President of the Senate and the Speaker of the House of Representatives.

The report must itemize each expenditure made from the trust fund since the last report was filed;

each obligation payable from the trust fund on that date;

and the percentage of funds expended for each of the following:

equipment, maintenance of equipment, personnel training, and technical assistance.

The report must indicate the nature of the system each clerk uses to store, maintain, and retrieve public records and the degree to which the system has been upgraded since the creation of the trust fund.

(e) An additional service charge of $4 per page shall be paid to the clerk of the circuit court for each instrument listed in s.

28.222, except judgments received from the courts and notices of lis pendens, recorded in the official records.

From the additional $4 service charge collected:

1. If the counties maintain legal responsibility for the costs of the court-related technology needs as defined in s.

29.008(1)(f)2.

and (h), 10 cents shall be distributed to the Florida Association of Court Clerks and Comptrollers, Inc., for the cost of development, implementation, operation, and maintenance of the clerks’ Comprehensive Case Information System;

$1.90 shall be retained by the clerk to be deposited in the Public Records Modernization Trust Fund and used exclusively for funding court-related technology needs of the clerk as defined in s.

29.008(1)(f)2.

and (h);

and $2 shall be distributed to the board of county commissioners to be used exclusively to fund court-related technology, and court technology needs as defined in s.

29.008(1)(f)2.

and (h) for the state trial courts, state attorney, public defender, and criminal conflict and civil regional counsel in that county.

If the counties maintain legal responsibility for the costs of the court-related technology needs as defined in s.

29.008(1)(f)2.

and (h), notwithstanding any other provision of law, the county is not required to provide additional funding beyond that provided in this section herein for the court-related technology needs of the clerk as defined in s.

29.008(1)(f)2.

and (h).

All court records and official records are the property of the State of Florida, including any records generated as part of the Comprehensive Case Information System funded pursuant to this paragraph and the clerk of court is designated as the custodian of such records, except in a county where the duty of maintaining official records exists in a county office other than the clerk of court or comptroller, such county office is designated the custodian of all official records, and the clerk of court is designated the custodian of all court records.

The clerk of court or any entity acting on behalf of the clerk of court, including an association, may not charge a fee to any agency as defined in s.

119.011, the Legislature, or the State Court System for copies of records generated by the Comprehensive Case Information System or held by the clerk of court or any entity acting on behalf of the clerk of court, including an association.

2. If the state becomes legally responsible for the costs of court-related technology needs as defined in s.

29.008(1)(f)2.

and (h), whether by operation of general law or by court order, $4 shall be remitted to the Department of Revenue for deposit into the General Revenue Fund.

(14)(a)(13) Oath, administering, attesting, and sealing of court records, not otherwise provided for in this section herein:

3.50, from which the clerk shall remit 0.50 to the Department of Revenue for deposit into the General Revenue Fund.

(b) Oath, administering, attesting, and sealing of records that are not court records not otherwise provided for in this section:

3.50.

(15)(a)(14) For validating certificates or, any authorized bonds that are court records, each:

3.50, from which the clerk shall remit 0.50 each to the Department of Revenue for deposit into the General Revenue Fund.

(b) For validating certificates or any authorized bonds that are not court records, each:

3.50.

(16)(15) For preparing affidavit of domicile:.......5.00.

(17)(16) For exemplified certificates, including the signing and sealing of them:

7.00, from which the clerk shall remit 1.00 to the Department of Revenue for deposit into the General Revenue Fund.

(18)(a)(17) For authenticated certificates that are court records, including the signing and sealing of them:

7.00, from which the clerk shall remit 1.00 to the Department of Revenue for deposit into the General Revenue Fund.

(b) For authenticated certificates that are not court records, including the signing and sealing of them:

7.00.

(19)(a)(18)(a) For issuing and filing a subpoena for a witness, not otherwise provided for in this section, including the herein (includes writing, preparing, signing, and sealing of it):

7.00, from which the clerk shall remit 1.00 to the Department of Revenue for deposit into the General Revenue Fund.

(b) For signing and sealing only:

2.00, from which the clerk shall remit 0.50 to the Department of Revenue for deposit into the General Revenue Fund.

(20)(a)(19) For approving a court bond:

8.50, from which the clerk shall remit 1.00 to the Department of Revenue for deposit into the General Revenue Fund.

(b) For approving a bond:

8.50.

(21)(a)(20) For searching court of records, for each year’s search:

2.00, from which the clerk shall remit 0.50 for each year’s search to the Department of Revenue for deposit into the General Revenue Fund.

(b) For searching records that are not court records, for each year’s search:

2.00.

(22)(21) For processing an application for a tax deed sale (includes application, sale, issuance, and preparation of tax deed, and disbursement of proceeds of sale), other than excess proceeds:.................................................60.00.

(23)(22) For disbursement of excess proceeds of tax deed sale, first $100 or fraction thereof:.....................10.00.

(24)(23) Upon receipt of an application for a marriage license, for preparing and administering of oath;

issuing, sealing, and recording of the marriage license;

and providing a certified copy:...........................................30.00.

(25)(24) For solemnizing matrimony:................30.00.

(26)(25) For sealing any court file or expungement of any record:

42.00, from which the clerk shall remit 4.50 to the Department of Revenue for deposit into the General Revenue Fund.

(27)(a)(26)(a) For receiving and disbursing all restitution payments, per payment:

3.50, from which the clerk shall remit 0.50 per payment to the Department of Revenue for deposit into the General Revenue Fund.

(b) For receiving and disbursing all partial payments, other than restitution payments, for which an administrative processing service charge is not imposed pursuant to s.

28.246, per month:.................................................5.00.

(c) For setting up a payment plan, a one-time administrative processing charge in lieu of a per month charge under paragraph (b):......................................25.00.

(28)(27) Postal charges incurred by the clerk of the circuit court in any mailing by certified or registered mail must be paid by the party at whose instance the mailing is made.

(29)(28) For furnishing an electronic copy of information contained in a computer database:

a fee as provided for in chapter 119.

Section 3. Effective July 1, 2021, subsection (2) of section 28.241, Florida Statutes, is amended to read:

28.241 Filing fees for trial and appellate proceedings.— (2) Upon the institution of any appellate proceeding from any lower court to the circuit court of any such county, including appeals filed by a county or municipality as provided in s.

34.041(5), or from the county or circuit court to an appellate court of the state, the clerk shall charge and collect from the party or parties instituting such appellate proceedings a filing fee, as follows:

not to exceed $280, from which the clerk shall remit $20 to the Department of Revenue for deposit into the General Revenue Fund, (a) For filing a notice of appeal from the county court to the circuit court, a filing fee not to exceed $280.

and, in addition to the filing fee required under s.

25.241 or s.

35.22, $100 (b) For filing a notice of appeal from the county or circuit court to the district court of appeal or to the Supreme Court, in addition to the filing fee required under s.

25.241 or s.

35.22, a filing fee not to exceed $100, of which the clerk shall remit $20 to the Department of Revenue for deposit into the General Revenue Fund.

If the party is determined to be indigent, the clerk shall defer payment of the fee otherwise required by this subsection.

Section 4. Subsection (4) of section 28.246, Florida Statutes, is amended to read:

The clerk shall establish all terms of a payment plan,plan and the court may review the reasonableness of the payment plan.

Section 5. Effective2. Effective upon this act becoming a law, paragraph (f) of subsection (2) and paragraph (a) of subsection (3) of section 28.35, Florida Statutes, are amendedamended, and paragraphs (i) and (j) are added to subsection (2) of that section, to read:

45410. Request For the purposesGovernor ofto thisorder, paragraph, the term “unspent budgeted funds for court-related functions” means undisbursed funds included in the clerks of the courts budgets for court-related functions established pursuant to this section and s.

215.18(1), a temporary transfer of moneys from unobligated funds in the State Treasury to the Clerks of the Court Trust Fund in the Department of Revenue to meet temporary deficiencies in that fund.

11. Determine if the estimated revenue available for the upcoming county fiscal year is adequate to fund court-related functions, and certify and submit any aggregate difference to the chairs of the legislative appropriations committees and the Executive Office of the Governor for consideration, at least 30 days before the start of the next regular session of the Legislature.

153 For the purposes of this paragraph, the term “unspent budgeted funds for court-related functions” means undisbursed funds included in the clerks of the courts budgets for court-related functions established pursuant to this section and s.

(i) If the corporation determines that the cumulative budget for all clerks will vary by more than 5 percent from the approved cumulative budget for the previous year, certify to the Legislature the specific causes for the variance and how each variance relates to the clerks’ responsibilities in performing their court-related functions.

(j) Prepare and submit legislative budget requests to the Legislature, consistent with the requirements of s.

216.023.

Such requests must be submitted for any fiscal year for which the corporation determines that new duties or financial obligations under s.

28.36(4), beyond those funded in prior fiscal years, have been imposed on the court-related functions of clerks of the court;

and for any fiscal year for which the corporation determines that the total estimated revenues available for court-related expenditures as determined by the most recent Revenue Estimating Conference, unspent revenues carried forward from the previous fiscal year, and budget amendments and appropriations made by law for the purpose of funding court-related functions will be inadequate to provide funding for court-related functions of clerks of the court at the current level of operations.

Section 6. Effective3. Effective upon this act becoming a law, present subsections (3) and (4) of section 28.36, Florida Statutes, are redesignated as subsections (4) and (5), respectively, a new subsection (3) is added to that section, and subsection (1), paragraph (b) of subsection (2), and present subsection (4) of that section are amended, to read:

3. To3. If, provideafter funds in the developmentcorporation ofhas thenotified total aggregate budget of the clerksLegislature of court to ensure that a minimumdeficit continuationunder budgets. is met.

28.35(2)(f)11., there remains a deficit between the total revenues available and the total budget from the current county fiscal year, to provide funds in the development of the total aggregate budget of the clerks of court to ensure that a minimum continuation budget is met.

or (b) The additional budget authority is necessary to pay the cost of supporting increases in the number of judges or magistrates authorized by the LegislatureLegislature, or for increases in the use of hearing officers and senior judges assigned by the courts.

Section 7. Effective4. Effective upon this act becoming a law, section 28.37, Florida Statutes, is amended to read:

V of the State Constitution, selected salaries, costs, and expenses of the state courts system and court-related functions shall be funded from a portion of the revenues derived from statutory fines, fees, service charges, and court costs collected by the clerks of the courtcourt, and from adequate and appropriate supplemental funding from state revenues as appropriated by the Legislature.

(2) As(2) DEFINITIONS.—As used in this section, the term:

Section 8. Section5. Section 28.42, Florida Statutes, is amended to read:

Section 9. Effective6. Paragraph July(a) 1,of 2021, subsection (5)(1) of section 40.29,318.15, Florida Statutes, is amended to read:

40.29 Payment of due-process costs.— (5) The Justice Administrative Commission shall reimburse provide funds to the clerks of the court to compensate jurors, to pay for meals or lodging provided to jurors, and to pay for jury-related personnel costs as provided in this section.

Each clerk of the court must submit a request for reimbursement shall forward to the Florida Clerks of Court Operations Corporation within 20 days after each quarter attesting to the clerk’s actual costs Justice Administrative Commission a quarterly estimate of funds necessary to compensate jurors, to and pay for meals or lodging provided to jurors, and to pay for jury-related personnel costs during the upcoming quarter.

The Florida Clerks of Court Operations Corporation must review the request for reimbursement to ensure that the costs are reasonably and directly related to jury management.

The Florida Clerks of Court Operations Corporation must shall forward to the Justice Administrative Commission a quarterly estimate of the amount necessary to reimburse each clerk of the court for its personnel and other costs related to jury management unless the total request for reimbursement by the clerks exceeds the quarterly funds available to the Justice Administrative Commission, in which case the Florida Clerks of Court Operations Corporation shall adjust the cumulative total to match the available funds before submitting the request to the Justice Administrative Commission.

Upon receipt of each request for reimbursement such estimates, the Justice Administrative Commission must review shall determine the amount deemed necessary for payment to the clerks of the court for the most recently completed during the upcoming quarter, determine if the total payment amount is available, and submit a request for payment to the Chief Financial Officer.

If the Justice Administrative Commission believes that the amount appropriated by the Legislature is insufficient to meet such costs during the remaining part of the state fiscal year, the commission may apportion the funds appropriated in the General Appropriations Act for those purposes among the several counties, basing the apportionment upon the amount expended for such purposes in each county during the prior fiscal year, in which case, the Chief Financial Officer shall issue the appropriate apportioned amount by warrant to each county.

The clerks of the court are responsible for any compensation to jurors, for payments for meals or lodging provided to jurors, and for jury-related personnel costs that exceed the funding provided in the General Appropriations Act for these purposes.

Section 10. Paragraph (a) of subsection (1) of section 318.15, Florida Statutes, is amended to read:

Section 11. Section7. Section 318.20, Florida Statutes, is amended to read:

Section 12. Subsections8. Subsections (1) and (3) and paragraph (a) of subsection (5) of section 322.245, Florida Statutes, are amended to read:

Section 13. Present9. Present subsection (3) of section 775.083, Florida Statutes, is redesignated as subsection (4), and a new subsection (3) is added to that section, to read:

Unless otherwise designated by the court, a person who has been ordered to pay court obligations under this section shall immediately contact the clerk to pay fines, fees, service charges, and court costs in fullfull, or to apply for enrollment in a payment planplan, pursuant to s.

Section 14. Effective10. Except Julyas 1,otherwise 2021,expressly paragraphprovided (i)in ofthis subsectionact, (5)and ofexcept sectionfor 27.52,this Floridasection, Statutes,which isshall amendedtake toeffect read:upon this act becoming a law, this act shall take effect October 1, 2021.

27.52 Determination of indigent status.— (5) INDIGENT FOR COSTS.—A person who is eligible to be represented by a public defender under s.

27.51 but who is represented by private counsel not appointed by the court for a reasonable fee as approved by the court or on a pro bono basis, or who is proceeding pro se, may move the court for a determination that he or she is indigent for costs and eligible for the provision of due process services, as prescribed by ss.

29.006 and 29.007, funded by the state.

(i) A defendant who is found guilty of a criminal act by a court or jury or enters a plea of guilty or nolo contendere and who received due process services after being found indigent for costs under this subsection is liable for payment of due process costs expended by the state.

1. The attorney representing the defendant, or the defendant if he or she is proceeding pro se, shall provide an accounting to the court delineating all costs paid or to be paid by the state within 90 days after disposition of the case notwithstanding any appeals.

2. The court shall issue an order determining the amount of all costs paid by the state and any costs for which prepayment was waived under this section or s.

57.081.

The clerk shall cause a certified copy of the order to be recorded in the official records of the county, at no cost.

The recording constitutes a lien against the person in favor of the state in the county in which the order is recorded.

The lien may be enforced in the same manner prescribed in s.

938.29.

3. If the attorney or the pro se defendant fails to provide a complete accounting of costs expended by the state and consequently costs are omitted from the lien, the attorney or pro se defendant may not receive reimbursement or any other form of direct or indirect payment for those costs if the state has not paid the costs.

The attorney or pro se defendant shall repay the state for those costs if the state has already paid the costs.

The clerk of the court may establish a payment plan under s.

28.246 and may charge the attorney or pro se defendant a one time administrative processing charge under s.

28.24(27)(c) s.

28.24(26)(c).

Section 15. Effective July 1, 2021, section 28.22205, Florida Statutes, is amended to read:

28.22205 Electronic filing process.—Each clerk of court shall implement an electronic filing process.

The purpose of the electronic filing process is to reduce judicial costs in the office of the clerk and the judiciary, increase timeliness in the processing of cases, and provide the judiciary with case related information to allow for improved judicial case management.

The Legislature requests that the Supreme Court set statewide standards for electronic filing to be used by the clerks of court to implement electronic filing.

The standards should specify the required information for the duties of the clerks of court and the judiciary for case management.

Revenues provided to counties and the clerk of court under s.

28.24(13)(e) s.

28.24(12)(e) for information technology may also be used to implement electronic filing processes.

Section 16. Effective July 1, 2021, subsection (5) of section 28.246, Florida Statutes, is amended to read:

28.246 Payment of court-related fines or other monetary penalties, fees, charges, and costs;

partial payments;

distribution of funds.— (5) When receiving partial payment of fees, service charges, court costs, and fines, clerks shall distribute funds according to the following order of priority:

(a) That portion of fees, service charges, court costs, and fines to be remitted to the state for deposit into the General Revenue Fund.

(b) That portion of fees, service charges, court costs, and fines required to be retained by the clerk of the court or deposited into the Clerks of the Court Trust Fund within the Department of Revenue.

(c) That portion of fees, service charges, court costs, and fines payable to state trust funds, allocated on a pro rata basis among the various authorized funds if the total collection amount is insufficient to fully fund all such funds as provided by law.

(d) That portion of fees, service charges, court costs, and fines payable to counties, municipalities, or other local entities, allocated on a pro rata basis among the various authorized recipients if the total collection amount is insufficient to fully fund all such recipients as provided by law.

922 To offset processing costs, clerks may impose either a per-month service charge pursuant to s.

28.24(27)(b) s.

28.24(26)(b) or a one-time administrative processing service charge at the inception of the payment plan pursuant to s.

28.24(27)(c) s.

28.24(26)(c).

Section 17. Effective July 1, 2021, section 45.035, Florida Statutes, is amended to read:

45.035 Clerk’s fees.—In addition to other fees or service charges authorized by law, the clerk shall receive service charges related to the judicial sales procedure set forth in ss.

45.031-45.033 ss.

45.031-45.034 and this section:

(1) The clerk shall receive a service charge of $70, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, for services in making, recording, and certifying the sale and title, which service charge shall be assessed as costs and shall be advanced by the plaintiff before the sale.

(2) If there is a surplus resulting from the sale, the clerk may receive the following service charges, which shall be deducted from the surplus:

(a) The clerk may withhold the sum of $28 from the surplus which may only be used for purposes of educating the public as to the rights of homeowners regarding foreclosure proceedings.

(b) The clerk is entitled to a service charge of $15 for each disbursement of surplus proceeds, from which the clerk shall remit $5 to the Department of Revenue for deposit into the General Revenue Fund.

(3) If the sale is conducted by electronic means, as provided in s.

45.031(10), the clerk shall receive an additional service charge not to exceed $70 for services in conducting or contracting for the electronic sale, which service charge shall be assessed as costs and paid when filing for an electronic sale date.

If the clerk requires advance electronic deposits to secure the right to bid, such deposits are shall not be subject to the fee under s.

28.24(11) s.

28.24(10).

The portion of an advance deposit from a winning bidder required by s.

45.031(3) shall, upon acceptance of the winning bid, be subject to the fee under s.

28.24(11) s.

28.24(10).

Section 18. Effective July 1, 2021, subsection (2) of section 55.141, Florida Statutes, is amended to read:

55.141 Satisfaction of judgments and decrees;

duties of clerk.— (2) Upon such payment, the clerk shall execute and record in the official records a satisfaction of judgment upon payment of the recording charge prescribed in s.

28.24(13) s.

28.24(12).

Upon payment of the amount required in subsection (1) and the recording charge required by this subsection and execution and recordation of the satisfaction by the clerk, any lien created by the judgment is satisfied and discharged.

Section 19. Effective July 1, 2021, subsection (6) of section 57.082, Florida Statutes, is amended to read:

57.082 Determination of civil indigent status.— (6) PROCESSING CHARGE;

PAYMENT PLANS.—A person who the clerk or the court determines is indigent for civil proceedings under this section shall be enrolled in a payment plan under s.

28.246 and shall be charged a one-time administrative processing charge under s.

28.24(27)(c) s.

28.24(26)(c).

A monthly payment amount, calculated based upon all fees and all anticipated costs, is presumed to correspond to the person’s ability to pay if it does not exceed 2 percent of the person’s annual net income, as defined in subsection (1), divided by 12.

The person may seek review of the clerk’s decisions regarding a payment plan established under s.

28.246 in the court having jurisdiction over the matter.

A case may not be impeded in any way, delayed in filing, or delayed in its progress, including the final hearing and order, due to nonpayment of any fees or costs by an indigent person.

Filing fees waived from payment under s.

57.081 may not be included in the calculation related to a payment plan established under this section.

Section 20. Effective July 1, 2021, paragraph (c) of subsection (5) of section 197.502, Florida Statutes, is amended to read:

197.502 Application for obtaining tax deed by holder of tax sale certificate;

fees.— (5) (c) Upon receiving the tax deed application from the tax collector, the clerk shall record a notice of tax deed application in the official records, which constitutes notice of the pendency of a tax deed application with respect to the property and remains effective for 1 year from the date of recording.

A person acquiring an interest in the property after the tax deed application notice has been recorded is deemed to be on notice of the pending tax deed sale, and no additional notice is required.

The sale of the property automatically releases any recorded notice of tax deed application for that property.

If the property is redeemed, the clerk must record a release of the notice of tax deed application upon payment of the fees as authorized in s.

28.24(9) and (13) s.

28.24(8) and (12).

The contents of the notice shall be the same as the contents of the notice of publication required by s.

197.512.

The cost of recording must be collected at the time of application under subsection (1), and added to the opening bid.

Section 21. Effective July 1, 2021, section 197.532, Florida Statutes, is amended to read:

197.532 Fees for mailing additional notices, when application is made by holder.—When the certificateholder makes a written request of the clerk and furnishes the names and addresses at the time of the filing of the application, the clerk shall send a copy of the notice referred to in s.

197.522 to anyone to whom the certificateholder may request him or her to send it, and the clerk shall include in such notice the statement required in s.

197.522.

The certificateholder shall pay the clerk the service charges as prescribed in s.

28.24(6) s.

28.24(5) for preparing and mailing each copy of notice requested by the holder.

When the charges are made, they shall be added by the clerk to the amount required to redeem the land from sale.

Section 22. Effective July 1, 2021, subsection (3) and paragraphs (a) and (b) of subsection (4) of section 197.542, Florida Statutes, are amended to read:

197.542 Sale at public auction.— (3) If the sale is canceled for any reason or the buyer fails to make full payment within the time required, the clerk shall readvertise the sale within 30 days after the buyer’s nonpayment or, if canceled, within 30 days after the clerk receives the costs of resale.

The sale shall be held within 30 days after readvertising.

Only one advertisement is necessary.

The amount of the opening bid shall be increased by the cost of advertising, additional clerk’s fees as provided for in s.

28.24(22) s.

28.24(21), and interest as provided for in subsection (1).

If, at the subsequent sale, there are no bidders at the tax deed sale and the certificateholder fails to pay the moneys due within 30 days after the sale, the clerk may not readvertise the sale and shall place the property on a list entitled “lands available for taxes.” The clerk must receive full payment before the issuance of the tax deed.

(4)(a) A clerk may conduct electronic tax deed sales in lieu of public outcry.

The clerk must comply with the procedures provided in this chapter, except that electronic proxy bidding shall be allowed and the clerk may require bidders to advance sufficient funds to pay the deposit required by subsection (2).

The clerk shall provide access to the electronic sale by computer terminals open to the public at a designated location.

A clerk who conducts such electronic sales may receive electronic deposits and payments related to the sale.

The portion of an advance deposit from a winning bidder required by subsection (2) shall, upon acceptance of the winning bid, be subject to the fee under s.

28.24(11) s.

28.24(10).

(b) This subsection does not restrict or limit the authority of a charter county to conduct electronic tax deed sales.

In a charter county where the clerk of the circuit court does not conduct all electronic sales, the charter county shall be permitted to receive electronic deposits and payments related to sales it conducts, as well as to subject the winning bidder to a fee, consistent with the schedule in s.

28.24(11) s.

28.24(10).

Section 23. Effective July 1, 2021, paragraph (b) of subsection (2) of section 197.582, Florida Statutes, is amended to read:

197.582 Disbursement of proceeds of sale.— (2) (b) The mailed notice must include a form for making a claim under subsection (3).

Service charges at the rate set forth in s.

28.24(11) s.

28.24(10) and the costs of mailing must be paid out of the surplus funds held by the clerk.

If the clerk or comptroller certifies that the surplus funds are not sufficient to cover the service charges and mailing costs, the clerk shall receive the total amount of surplus funds as a service charge.

For purposes of identifying unclaimed property pursuant to s.

717.113, excess proceeds shall be presumed payable or distributable on the date the notice is sent.

Section 24. Effective July 1, 2021, paragraph (d) of subsection (3) of section of 569.23, Florida Statutes, is amended to read:

569.23 Security requirements for tobacco settlement agreement signatories, successors, parents, and affiliates.— (3) (d) The clerk of the Supreme Court shall collect fees for receipt of deposits under this subsection as authorized by ss.

28.231 and 28.24(11) 28.24(10)(a).

In addition, for as long as any cash remains on deposit with the clerk pursuant to this subsection, the clerk of the Supreme Court is entitled to regularly receive as an additional fee the net investment income earned thereon.

The clerk shall use the services of the Chief Financial Officer, as needed, for the custody and management of all bonds, other surety, or cash posted or deposited with the clerk.

All fees collected pursuant to this subsection shall be deposited in the State Courts Revenue Trust Fund for use as specified by law.

Section 25. Effective July 1, 2021, subsection (3) of section 712.06, Florida Statutes, is amended to read:

712.06 Contents of notice;

recording and indexing.— (3) The person providing the notice referred to in s.

712.05, other than a notice for preservation of a community covenant or restriction, shall:

(a) Cause the clerk of the circuit court to mail by registered or certified mail to the purported owner of said property, as stated in such notice, a copy thereof and shall enter on the original, before recording the same, a certificate showing such mailing.

For preparing the certificate, the claimant shall pay to the clerk the service charge as prescribed in s.

28.24(9) s.

28.24(8) and the necessary costs of mailing, in addition to the recording charges as prescribed in s.

28.24(13) s.

28.24(12).

If the notice names purported owners having more than one address, the person filing the same shall furnish a true copy for each of the several addresses stated, and the clerk shall send one such copy to the purported owners named at each respective address.

Such certificate shall be sufficient if the same reads substantially as follows:

1122 I hereby certify that I did on this ...., mail by registered (or certified) mail a copy of the foregoing notice to each of the following at the address stated:

1126 ...(Clerk of the circuit court)...

of ....

County, Florida, By...(Deputy clerk)...

1130 The clerk of the circuit court is not required to mail to the purported owner of such property any such notice that pertains solely to the preserving of any covenant or restriction or any portion of a covenant or restriction;

or (b) Publish once a week, for 2 consecutive weeks, the notice referred to in s.

712.05, with the official record book and page number in which such notice was recorded, in a newspaper as defined in chapter 50 in the county in which the property is located.

Section 26. Except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect October 1, 2021.