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 26.20Availability 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 44.103Court-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 partys 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 92.50Oaths, 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 28.2221Electronic 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 clerks 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 requestors authorization to transact 120 business in this state. Affidavits submitted by an attorney 121 authorized under this section must include the affiant 122 requestors 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 92.525Verification 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: 160 110.12301Competitive 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 spouses 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 childs or a newborn grandchilds 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 childs 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 stepchilds eligibility: 193 a.A government-issued birth certificate for the stepchild; 194 and 195 b.The transcript of the subscribers most recently filed 196 federal income tax return. 197 5.To prove a childs eligibility under a guardianship, a 198 copy of the court order naming the subscriber or the 199 subscribers spouse as the childs legal guardian or custodian. 200 6.To prove a foster childs eligibility, a copy of the 201 records showing the subscriber or the subscribers spouse as the 202 dependents foster parent. 203 7.To prove eligibility of an unmarried child age 26 to 30: 204 a.A copy of the childs government-issued birth 205 certificate or adoption certificate naming the subscriber or the 206 subscribers spouse as the childs parent, or a copy of the 207 court order naming the subscriber or the subscribers spouse as 208 the childs 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 childs 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 childs 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 childs government-issued birth 219 certificate or adoption certificate naming the subscriber or the 220 subscribers spouse as the childs parent, or a copy of the 221 court order naming the subscriber or the subscribers spouse as 222 the childs legal guardian or custodian; and 223 b.A copy of the transcript of the subscribers most 224 recently filed federal income tax return listing the childs 225 name and the last four digits of the childs social security 226 number and identifying the child as the subscribers 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: 236 112.181Firefighters, 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 workers 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.