Florida Senate - 2025 CS for SB 538 By the Appropriations Committee on Criminal and Civil Justice; and Senator Bradley 604-02551-25 2025538c1 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. 28.35, F.S.; revising the duty of the 7 Florida Clerks of Court Operations Corporation to 8 provide an annual budget request to be pursuant to 9 specified provisions; amending s. 44.103, F.S.; 10 deleting the per diem cap for arbitrators who 11 participate in court-ordered, nonbinding arbitration; 12 amending s. 92.50, F.S.; authorizing judges to 13 authenticate a jurat, or certificate of proof or 14 acknowledgment, by affixing their signature and 15 printing their name, title, and court; amending ss. 16 741.30, 784.046, 784.0485, and 825.1035, F.S.; 17 authorizing clerks of the court to submit to the 18 Justice Administrative Commission, rather than the 19 Office of the State Courts Administrator, certified 20 requests for reimbursements for the filing of certain 21 petitions; requiring that requests be submitted in the 22 form and manner prescribed by the Justice 23 Administrative Commission; reenacting ss. 24 28.2221(6)(b), 92.525(1), 110.12301(2)(a) and (d), and 25 112.181(2), F.S., relating to electronic access to 26 official records restricted from public display, 27 inspection, or copying; verification of documents; 28 spouse and dependent eligibility verification by 29 affidavit; and affidavits from firefighters, 30 paramedics, emergency medical technicians, law 31 enforcement officers, and correctional officers to be 32 entitled to a certain presumption, respectively, to 33 incorporate the amendment made to s. 92.50, F.S., in 34 references thereto; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1.Section 26.20, Florida Statutes, is amended to 39 read: 40 26.20Availability of judge for hearings in chambers.In 41 circuits having more than one circuit judge, At least one 42 circuit judge in each circuit must of said judges shall be 43 available as nearly as possible at all times to hold and conduct 44 hearings with limited notice in chambers. In each circuit, there 45 must be at least one judge available on Saturdays, Sundays, 46 holidays, and after hours on weekdays to hear motions for a 47 temporary injunction ex parte in domestic violence cases. The 48 chief judge may assign a judge for this purpose. 49 Section 2.Paragraph (i) of subsection (2) of section 50 28.35, Florida Statutes, is amended to read: 51 28.35Florida Clerks of Court Operations Corporation. 52 (2)The duties of the corporation shall include the 53 following: 54 (i)Annually preparing a budget request which, 55 notwithstanding the provisions of chapter 216 and in accordance 56 with s. 216.351, provides the anticipated amount necessary for 57 reimbursement pursuant to ss. 40.29(6), 741.30(2)(a), 58 784.046(3)(b), 784.0485(2)(a), and 825.1035(4)(i) s. 40.29(6). 59 The request for the anticipated reimbursement amount must shall 60 be submitted in the form and manner prescribed by the Justice 61 Administrative Commission. Such request is not subject to change 62 by the Justice Administrative Commission, except for technical 63 changes necessary to conform to the legislative budget 64 instructions, and must shall be submitted to the Governor for 65 transmittal to the Legislature. 66 Section 3.Subsection (3) of section 44.103, Florida 67 Statutes, is amended to read: 68 44.103Court-ordered, nonbinding arbitration. 69 (3)Arbitrators shall be selected and compensated in 70 accordance with rules adopted by the Supreme Court. Arbitrators 71 shall be compensated by the parties, or, upon a finding by the 72 court that a party is indigent, an arbitrator may be partially 73 or fully compensated from state funds according to the partys 74 present ability to pay. At no time may an arbitrator charge more 75 than $1,500 per diem, unless the parties agree otherwise. Prior 76 to approving the use of state funds to reimburse an arbitrator, 77 the court must ensure that the party reimburses the portion of 78 the total cost that the party is immediately able to pay and 79 that the party has agreed to a payment plan established by the 80 clerk of the court that will fully reimburse the state for the 81 balance of all state costs for both the arbitrator and any costs 82 of administering the payment plan and any collection efforts 83 that may be necessary in the future. Whenever possible, 84 qualified individuals who have volunteered their time to serve 85 as arbitrators shall be appointed. If an arbitration program is 86 funded pursuant to s. 44.108, volunteer arbitrators are shall be 87 entitled to be reimbursed pursuant to s. 112.061 for all actual 88 expenses necessitated by service as an arbitrator. 89 Section 4.Subsection (1) of section 92.50, Florida 90 Statutes, is amended to read: 91 92.50Oaths, affidavits, and acknowledgments; who may take 92 or administer; requirements. 93 (1)IN THIS STATE.Oaths, affidavits, and acknowledgments 94 required or authorized under the laws of this state (except 95 oaths to jurors and witnesses in court and such other oaths, 96 affidavits and acknowledgments as are required by law to be 97 taken or administered by or before particular officers) may be 98 taken or administered by or before any judge, clerk, or deputy 99 clerk of any court of record within this state, including 100 federal courts, or by or before any United States commissioner 101 or any notary public within this state. The jurat, or 102 certificate of proof or acknowledgment, shall be authenticated 103 by the signature and official seal of such officer or person 104 taking or administering the same; however, when taken or 105 administered by or before any judge, clerk, or deputy clerk of a 106 court of record, the seal of such court may be affixed as the 107 seal of such officer or person. The jurat, or certificate of 108 proof or acknowledgment, may also be authenticated by a judge by 109 affixing his or her signature and printing his or her name, 110 title, and court. 111 Section 5.Paragraph (a) of subsection (2) of section 112 741.30, Florida Statutes, is amended to read: 113 741.30Domestic violence; injunction; powers and duties of 114 court and clerk; petition; notice and hearing; temporary 115 injunction; issuance of injunction; statewide verification 116 system; enforcement; public records exemption. 117 (2)(a)Notwithstanding any other law, the assessment of a 118 filing fee for a petition for protection against domestic 119 violence is prohibited. However, subject to legislative 120 appropriation, the clerk of the circuit court may, on a 121 quarterly basis, submit to the Justice Administrative Commission 122 Office of the State Courts Administrator a certified request for 123 reimbursement for petitions for protection against domestic 124 violence issued by the court, at the rate of $40 per petition. 125 The request for reimbursement must be submitted in the form and 126 manner prescribed by the Justice Administrative Commission 127 Office of the State Courts Administrator. From this 128 reimbursement, the clerk shall pay any law enforcement agency 129 serving the injunction the fee requested by the law enforcement 130 agency; however, this fee may not exceed $20. 131 Section 6.Paragraph (b) of subsection (3) of section 132 784.046, Florida Statutes, is amended to read: 133 784.046Action by victim of repeat violence, sexual 134 violence, or dating violence for protective injunction; dating 135 violence investigations, notice to victims, and reporting; 136 pretrial release violations; public records exemption. 137 (3) 138 (b)Notwithstanding any other law, the clerk of the court 139 may not assess a fee for filing a petition for protection 140 against repeat violence, sexual violence, or dating violence. 141 However, subject to legislative appropriation, the clerk of the 142 court may, each quarter, submit to the Justice Administrative 143 Commission Office of the State Courts Administrator a certified 144 request for reimbursement for petitions for protection issued by 145 the court under this section at the rate of $40 per petition. 146 The request for reimbursement must shall be submitted in the 147 form and manner prescribed by the Justice Administrative 148 Commission Office of the State Courts Administrator. From this 149 reimbursement, the clerk shall pay the law enforcement agency 150 serving the injunction the fee requested by the law enforcement 151 agency; however, this fee may not exceed $20. 152 Section 7.Paragraph (a) of subsection (2) of section 153 784.0485, Florida Statutes, is amended to read: 154 784.0485Stalking; injunction; powers and duties of court 155 and clerk; petition; notice and hearing; temporary injunction; 156 issuance of injunction; statewide verification system; 157 enforcement. 158 (2)(a)Notwithstanding any other law, the clerk of court 159 may not assess a filing fee to file a petition for protection 160 against stalking. However, subject to legislative appropriation, 161 the clerk of the circuit court may, on a quarterly basis, submit 162 to the Justice Administrative Commission Office of the State 163 Courts Administrator a certified request for reimbursement for 164 petitions for protection against stalking issued by the court, 165 at the rate of $40 per petition. The request for reimbursement 166 must shall be submitted in the form and manner prescribed by the 167 Justice Administrative Commission Office of the State Courts 168 Administrator. From this reimbursement, the clerk shall pay any 169 law enforcement agency serving the injunction the fee requested 170 by the law enforcement agency; however, this fee may not exceed 171 $20. 172 Section 8.Paragraph (i) of subsection (4) of section 173 825.1035, Florida Statutes, is amended to read: 174 825.1035Injunction for protection against exploitation of 175 a vulnerable adult. 176 (4)CLERKS DUTIES, RESPONSIBILITIES, AND CHARGES. 177 (i)Notwithstanding any other provision of law, the clerk 178 of the circuit court may not assess an initial filing fee or 179 service charge for petitions filed under this section. However, 180 subject to legislative appropriation, the clerk of the circuit 181 court may, on a quarterly basis, submit a certified request for 182 reimbursement to the Justice Administrative Commission Office of 183 the State Courts Administrator for the processing of such 184 petitions, at the rate of $40 per petition. The request for 185 reimbursement must be submitted in the form and manner 186 prescribed by the Justice Administrative Commission office. From 187 each reimbursement received, the clerk of the circuit court 188 shall pay any law enforcement agency serving the injunction for 189 protection against exploitation of a vulnerable adult the fee 190 requested by the law enforcement agency, to not exceed $20. 191 Section 9.For the purpose of incorporating the amendment 192 made by this act to section 92.50, Florida Statutes, in a 193 reference thereto, paragraph (b) of subsection (6) of section 194 28.2221, Florida Statutes, is reenacted to read: 195 28.2221Electronic access to official records. 196 (6) 197 (b)1.For the purpose of conducting a title search, as 198 defined in s. 627.7711(4), of the Official Records, as described 199 in s. 28.222(2), and upon presentation of photo identification 200 and affirmation by sworn affidavit consistent with s. 92.50 to 201 the county recorder, information restricted from public display, 202 inspection, or copying under paragraph (5)(a) pursuant to a 203 request for removal made under s. 119.071(4)(d) may be disclosed 204 to: 205 a.A title insurer authorized pursuant to s. 624.401 and 206 its affiliates as defined in s. 624.10; 207 b.A title insurance agent or title insurance agency as 208 defined in s. 626.841(1) and (2), respectively; or 209 c.An attorney duly admitted to practice law in this state 210 and in good standing with The Florida Bar. 211 2.The photo identification and affirmation by sworn 212 affidavit may be delivered in person, by mail, or by electronic 213 transmission to the county recorder. 214 3.The affiant requestor must attest to his or her 215 authority and the authorized purpose to access exempt 216 information pursuant to this section for the property specified 217 within the sworn affidavit. 218 4.The affiant requestor must identify the Official Records 219 book and page number, instrument number, or the clerks file 220 number for each document requested within the sworn affidavit 221 and must include a description of the lawful purpose and 222 identify the individual or property that is the subject of the 223 search within the sworn affidavit. 224 5.Affidavits submitted by a title insurer, title insurance 225 agent, or title insurance agency must include the Florida 226 Company Code or the license number, as applicable, and an 227 attestation to the affiant requestors authorization to transact 228 business in this state. Affidavits submitted by an attorney 229 authorized under this section must include the affiant 230 requestors Florida Bar number and a statement that the affiant 231 requestor has an agency agreement with a title insurer directly 232 or through his or her law firm. 233 6.The county recorder must record such affidavit in the 234 Official Records, as described in s. 28.222(2), but may not 235 place the image or copy of the affidavit on a publicly available 236 Internet website for general public display. 237 7.Upon providing a document disclosing redacted 238 information to an affiant requestor under this section, the 239 county recorder must provide a copy of the affidavit requesting 240 disclosure of the redacted information to each affected party at 241 the address listed on the document or on the request for removal 242 made by the affected party under s. 119.071. The county recorder 243 must prepare a certificate of mailing to be affixed to the 244 affidavit and must receive the statutory service charges as 245 prescribed by s. 28.24 from the affiant requestor. 246 8.Any party making a false attestation under this section 247 is subject to the penalty of perjury under s. 837.012. 248 Section 10.For the purpose of incorporating the amendment 249 made by this act to section 92.50, Florida Statutes, in a 250 reference thereto, subsection (1) of section 92.525, Florida 251 Statutes, is reenacted to read: 252 92.525Verification of documents; perjury by false written 253 declaration, penalty. 254 (1)If authorized or required by law, by rule of an 255 administrative agency, or by rule or order of court that a 256 document be verified by a person, the verification may be 257 accomplished in the following manner: 258 (a)Under oath or affirmation taken or administered before 259 an officer authorized under s. 92.50 to administer oaths; 260 (b)Under oath or affirmation taken or administered by an 261 officer authorized under s. 117.10 to administer oaths; or 262 (c)By the signing of the written declaration prescribed in 263 subsection (2). 264 Section 11.For the purpose of incorporating the amendment 265 made by this act to section 92.50, Florida Statutes, in 266 references thereto, paragraphs (a) and (d) of subsection (2) of 267 section 110.12301, Florida Statutes, are reenacted to read: 268 110.12301Competitive procurement of postpayment claims 269 review services and dependent eligibility verification services; 270 public records exemption. 271 (2)The department is directed to contract for dependent 272 eligibility verification services for the state group insurance 273 program. 274 (a)The department or the contractor providing dependent 275 eligibility verification services may require the following 276 information from subscribers: 277 1.To prove a spouses eligibility: 278 a.If married less than 12 months and the subscriber and 279 his or her spouse have not filed a joint federal income tax 280 return, a government-issued marriage certificate; 281 b.If married for 12 or more months, a transcript of the 282 most recently filed federal income tax return; or 283 c.If the documentation specified in sub-subparagraph a. or 284 sub-subparagraph b. cannot be produced, an attestation of the 285 marriage by sworn affidavit consistent with s. 92.50. 286 2.To prove a biological childs or a newborn grandchilds 287 eligibility: 288 a.A government-issued birth certificate; or 289 b.If a birth certificate cannot be produced, an 290 attestation of the subscriber-dependent relationship by sworn 291 affidavit consistent with s. 92.50. 292 3.To prove an adopted childs eligibility: 293 a.An adoption certificate; 294 b.An adoption placement agreement and a petition for 295 adoption; or 296 c.If the documentation specified in sub-subparagraph a. or 297 sub-subparagraph b. cannot be produced, an attestation of the 298 subscriber-dependent relationship by sworn affidavit consistent 299 with s. 92.50. 300 4.To prove a stepchilds eligibility: 301 a.A government-issued birth certificate for the stepchild; 302 and 303 b.The transcript of the subscribers most recently filed 304 federal income tax return. 305 5.To prove a childs eligibility under a guardianship, a 306 copy of the court order naming the subscriber or the 307 subscribers spouse as the childs legal guardian or custodian. 308 6.To prove a foster childs eligibility, a copy of the 309 records showing the subscriber or the subscribers spouse as the 310 dependents foster parent. 311 7.To prove eligibility of an unmarried child age 26 to 30: 312 a.A copy of the childs government-issued birth 313 certificate or adoption certificate naming the subscriber or the 314 subscribers spouse as the childs parent, or a copy of the 315 court order naming the subscriber or the subscribers spouse as 316 the childs legal guardian or custodian; 317 b.A copy of the Certification of Over-Age Dependent 318 Eligibility Form; and 319 c.A document confirming the childs current enrollment as 320 a student, including the name of the child, the name of the 321 school, and the school term; or a bill or statement in the 322 childs name which is dated within the past 60 days and is 323 mailed to the child at a Florida address. 324 8.To prove eligibility for a disabled child age 26 or 325 older: 326 a.A copy of the childs government-issued birth 327 certificate or adoption certificate naming the subscriber or the 328 subscribers spouse as the childs parent, or a copy of the 329 court order naming the subscriber or the subscribers spouse as 330 the childs legal guardian or custodian; and 331 b.A copy of the transcript of the subscribers most 332 recently filed federal income tax return listing the childs 333 name and the last four digits of the childs social security 334 number and identifying the child as the subscribers dependent 335 for tax purposes. 336 (d)Foreign-born subscribers unable to obtain the necessary 337 documentation within the specified time period of producing 338 verification documentation may provide a sworn affidavit 339 consistent with s. 92.50 attesting to eligibility requirements. 340 Section 12.For the purpose of incorporating the amendment 341 made by this act to section 92.50, Florida Statutes, in a 342 reference thereto, subsection (2) of section 112.181, Florida 343 Statutes, is reenacted to read: 344 112.181Firefighters, paramedics, emergency medical 345 technicians, law enforcement officers, correctional officers; 346 special provisions relative to certain communicable diseases. 347 (2)PRESUMPTION; ELIGIBILITY CONDITIONS.Any emergency 348 rescue or public safety worker who suffers a condition or 349 impairment of health that is caused by hepatitis, meningococcal 350 meningitis, or tuberculosis, that requires medical treatment, 351 and that results in total or partial disability or death shall 352 be presumed to have a disability suffered in the line of duty, 353 unless the contrary is shown by competent evidence; however, in 354 order to be entitled to the presumption, the emergency rescue or 355 public safety worker must, by written affidavit as provided in 356 s. 92.50, verify by written declaration that, to the best of his 357 or her knowledge and belief: 358 (a)In the case of a medical condition caused by or derived 359 from hepatitis, he or she has not: 360 1.Been exposed, through transfer of bodily fluids, to any 361 person known to have sickness or medical conditions derived from 362 hepatitis, outside the scope of his or her employment; 363 2.Had a transfusion of blood or blood components, other 364 than a transfusion arising out of an accident or injury 365 happening in connection with his or her present employment, or 366 received any blood products for the treatment of a coagulation 367 disorder since last undergoing medical tests for hepatitis, 368 which tests failed to indicate the presence of hepatitis; 369 3.Engaged in unsafe sexual practices or other high-risk 370 behavior, as identified by the Centers for Disease Control and 371 Prevention or the Surgeon General of the United States, or had 372 sexual relations with a person known to him or her to have 373 engaged in such unsafe sexual practices or other high-risk 374 behavior; or 375 4.Used intravenous drugs not prescribed by a physician. 376 (b)In the case of meningococcal meningitis, in the 10 days 377 immediately preceding diagnosis he or she was not exposed, 378 outside the scope of his or her employment, to any person known 379 to have meningococcal meningitis or known to be an asymptomatic 380 carrier of the disease. 381 (c)In the case of tuberculosis, in the period of time 382 since the workers last negative tuberculosis skin test, he or 383 she has not been exposed, outside the scope of his or her 384 employment, to any person known by him or her to have 385 tuberculosis. 386 Section 13.This act shall take effect July 1, 2025.