SESSION WATCH
THE BILL ITSELF

CS/CS/SB 532

Clerks of the Court

VERSION S 532 c2 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 CS for CS for SB 532 By the Appropriations Committee on Criminal and Civil Justice; the Committee on Judiciary; and Senators Simon, Wright, Osgood, Rodriguez, Calatayud, Jones, Smith, Bracy Davis, Boyd, Massullo, Rouson, DiCeglie, Garcia, and Leek 604-02977-26 2026532c2
1 A bill to be entitled
2 An act relating to clerks of the court; amending s.
3 28.37, F.S.; authorizing the cumulative excess of
4 funds to be used in the development of the total
5 combined budgets of the clerks of the court; amending
6 ss. 28.35 and 28.36, F.S.; conforming provisions to
7 changes made by the act; amending s. 45.031, F.S.;
8 requiring that a court use certain sale procedures in
9 a foreclosure action; providing that only a clerk of
10 court may conduct a foreclosure sale; providing an
11 effective date.
13 Be It Enacted by the Legislature of the State of Florida:
15 Section 1. Paragraph (b) of subsection (4) of section
16 28.37, Florida Statutes, is amended to read:
17 28.37 Fines, fees, service charges, and costs remitted to
18 the state.—
19 (4)
20 (b) No later than February 1, 2022, and each February 1
21 thereafter, the Department of Revenue shall transfer 50 percent
22 of The cumulative excess of the original revenue projection from
23 the Clerks of the Court Trust Fund to the General Revenue Fund.
24 The remaining 50 percent in the Clerks of the Court Trust Fund
25 may be used in the development of the total combined budgets of
26 the clerks of the court as provided in s. 28.35(2)(f)6. However,
27 a minimum of 10 percent of the clerk-retained portion of the
28 cumulative excess amount must be held in reserve until such
29 funds reach an amount equal to at least 16 percent of the total
30 budget authority from the current county fiscal year, as
31 provided in s. 28.36(3)(a).
32 Section 2. Paragraph (f) of subsection (2) of section
33 28.35, Florida Statutes, is amended to read:
34 28.35 Florida Clerks of Court Operations Corporation.—
35 (2) The duties of the corporation shall include the
36 following:
37 (f) Approving the proposed budgets submitted by clerks of
38 the court pursuant to s. 28.36. The corporation must ensure that
39 the total combined budgets of the clerks of the court do not
40 exceed the total estimated revenues from fees, service charges,
41 court costs, and fines for court-related functions available for
42 court-related expenditures as determined by the most recent
43 Revenue Estimating Conference, plus the total of unspent
44 budgeted funds for court-related functions carried forward by
45 the clerks of the court from the previous county fiscal year,
46 plus the cumulative excess as provided in balance of funds
47 remaining in the Clerks of the Court Trust Fund after the
48 transfer of funds to the General Revenue Fund required pursuant
49 to s. 28.37(4)(b), and plus any appropriations for court-related
50 functions. The corporation may amend any individual clerk of the
51 court budget to ensure compliance with this paragraph and must
52 consider performance measures, workload performance standards,
53 workload measures, and expense data before modifying the budget.
54 As part of this process, the corporation shall:
55 1. Calculate the minimum amount of revenue necessary for
56 each clerk of the court to efficiently perform the list of
57 court-related functions specified in paragraph (3)(a). The
58 corporation shall apply the workload measures appropriate for
59 determining the individual level of review required to fund the
60 clerk’s budget.
61 2. Prepare a cost comparison of similarly situated clerks
62 of the court, based on county population and numbers of filings,
63 using the standard list of court-related functions specified in
64 paragraph (3)(a).
65 3. Conduct an annual base budget review and an annual
66 budget exercise examining the total budget of each clerk of the
67 court. The review shall examine revenues from all sources,
68 expenses of court-related functions, and expenses of noncourt
69 related functions as necessary to determine that court-related
70 revenues are not being used for noncourt-related purposes. The
71 review and exercise shall identify potential targeted budget
72 reductions in the percentage amount provided in Schedule VIII-B
73 of the state’s previous year’s legislative budget instructions,
74 as referenced in s. 216.023(3), or an equivalent schedule or
75 instruction as may be adopted by the Legislature.
76 4. Identify those proposed budgets containing funding for
77 items not included on the standard list of court-related
78 functions specified in paragraph (3)(a).
79 5. Identify those clerks projected to have court-related
80 revenues insufficient to fund their anticipated court-related
81 expenditures.
82 6. Use revenue estimates based on the official estimate for
83 funds from fees, service charges, court costs, and fines for
84 court-related functions accruing to the clerks of the court made
85 by the Revenue Estimating Conference, as well as any unspent
86 budgeted funds for court-related functions carried forward by
87 the clerks of the court from the previous county fiscal year and
88 the cumulative excess as provided in balance of funds remaining
89 in the Clerks of the Court Trust Fund after the transfer of
90 funds to the General Revenue Fund required pursuant to s.
91 28.37(4)(b), plus any appropriations for the purpose of funding
92 court-related functions.
93 7. Identify pay and benefit increases in any proposed clerk
94 budget, including, but not limited to, cost of living increases,
95 merit increases, and bonuses.
96 8. Identify increases in anticipated expenditures in any
97 clerk budget that exceeds the current year budget by more than 3
98 percent.
99 9. Identify the budget of any clerk which exceeds the
100 average budget of similarly situated clerks by more than 10
101 percent.
103 For the purposes of this paragraph, the term “unspent budgeted
104 funds for court-related functions” means undisbursed funds
105 included in the clerks of the courts budgets for court-related
106 functions established pursuant to this section and s. 28.36.
107 Section 3. Paragraph (b) of subsection (2) and paragraph
108 (a) of subsection (3) of section 28.36, Florida Statutes, are
109 amended to read:
110 28.36 Budget procedure.—There is established a budget
111 procedure for the court-related functions of the clerks of the
112 court.
113 (2) Each proposed budget shall further conform to the
114 following requirements:
115 (b) The proposed budget must be balanced such that the
116 total of the estimated revenues available equals or exceeds the
117 total of the anticipated expenditures. Such revenues include
118 revenue projected to be received from fees, service charges,
119 court costs, and fines for court-related functions during the
120 fiscal period covered by the budget, plus the total of unspent
121 budgeted funds for court-related functions carried forward by
122 the clerk of the court from the previous county fiscal year and
123 the cumulative excess as provided in plus the portion of the
124 balance of funds remaining in the Clerks of the Court Trust Fund
125 after the transfer of funds to the General Revenue Fund required
126 pursuant to s. 28.37(4)(b) which has been allocated to each
127 respective clerk of the court by the Florida Clerks of Court
128 Operations Corporation. For the purposes of this paragraph, the
129 term “unspent budgeted funds for court-related functions” means
130 undisbursed funds included in the clerk of the courts’ budget
131 for court related functions established pursuant to s. 28.35 and
132 this section. The anticipated expenditures must be itemized as
133 required by the corporation.
134 (3)(a) The Florida Clerks of Court Operations Corporation
135 shall establish and manage a reserve for contingencies within
136 the Clerks of the Court Trust Fund which must consist of an
137 amount not to exceed 16 percent of the total budget authority
138 for the clerks of court during the current county fiscal year,
139 to be carried forward at the end of the fiscal year. Funds to be
140 held in reserve include the transfers of cumulative excess, as
141 provided in s. 28.37(4)(b), from the Clerks of the Court Trust
142 Fund and may also include revenues provided by law or moneys
143 appropriated by the Legislature.
144 Section 4. Section 45.031, Florida Statutes, is amended to
145 read:
146 45.031 Judicial sales procedure.— In a sale of real property
147 related to a foreclosure action, the procedures provided in this
148 section and ss. 45.0315-45.035 shall be followed. In any other
149 sale of real or personal property under an order or judgment,
150 the procedures provided in this section and ss. 45.0315-45.035
151 may be followed as an alternative to any other sale procedure if
152 so ordered by the court.
153 (1) FINAL JUDGMENT.—
154 (a) In the order or final judgment, the court shall direct
155 the clerk to sell the property at public sale on a specified day
156 that shall be not less than 20 days or more than 35 days after
157 the date thereof, on terms and conditions specified in the order
158 or judgment. A sale may be held more than 35 days after the date
159 of final judgment or order if the plaintiff or plaintiff’s
160 attorney consents to such time. The final judgment shall contain
161 the following statement in conspicuous type:
163 IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE
164 ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE
165 ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS
166 FINAL JUDGMENT.
168 IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS
169 REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE
170 CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS
171 UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE
172 ENTITLED TO ANY REMAINING FUNDS.
173 (b) If the property being foreclosed on has qualified for
174 the homestead tax exemption in the most recent approved tax
175 roll, the final judgment shall additionally contain the
176 following statement in conspicuous type:
178 IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS
179 YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER
180 REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO
181 ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE
182 ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, ...(INSERT
183 INFORMATION FOR APPLICABLE COURT)... WITHIN TEN (10) DAYS AFTER
184 THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE
185 FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE
186 COURT.
188 IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU
189 CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL
190 PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN
191 ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU,
192 TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT
193 YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR
194 PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO
195 PAY AN ATTORNEY, YOU MAY CONTACT ...(INSERT LOCAL OR NEAREST
196 LEGAL AID OFFICE AND TELEPHONE NUMBER)... TO SEE IF YOU QUALIFY
197 FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY
198 MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR
199 SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT ...(NAME OF
200 LOCAL OR NEAREST LEGAL AID OFFICE)... FOR ASSISTANCE, YOU SHOULD
201 DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
202 (c) A copy of the final judgment shall be furnished by the
203 clerk by first-class mail to the last known address of every
204 party to the action or to the attorney of record for such party.
205 Any irregularity in such mailing, including the failure to
206 include this statement in any final judgment or order, shall not
207 affect the validity or finality of the final judgment or order
208 or any sale held pursuant to the final judgment or order. Any
209 sale held more than 35 days after the final judgment or order
210 shall not affect the validity or finality of the final judgment
211 or order or any sale held pursuant to such judgment or order.
212 (2) PUBLICATION OF SALE.—Notice of sale shall be published
213 on a publicly accessible website as provided in s. 50.0311 for
214 at least 2 consecutive weeks before the sale or once a week for
215 2 consecutive weeks in a newspaper of general circulation, as
216 provided in chapter 50, published in the county where the sale
217 is to be held. The second publication by newspaper shall be at
218 least 5 days before the sale. The notice shall contain:
219 (a) A description of the property to be sold.
220 (b) The time and place of sale.
221 (c) A statement that the sale will be made pursuant to the
222 order or final judgment.
223 (d) The caption of the action.
224 (e) The name of the clerk making the sale.
225 (f) A statement that any person claiming an interest in the
226 surplus from the sale, if any, other than the property owner as
227 of the date of the lis pendens must file a claim before the
228 clerk reports the surplus as unclaimed.
230 The court, in its discretion, may enlarge the time of the sale.
231 Notice of the changed time of sale shall be published as
232 provided herein.
233 (3) CONDUCT OF SALE; DEPOSIT REQUIRED.—The sale shall be
234 conducted by the clerk of court at public auction at the time
235 and place set forth in the final judgment. The clerk shall
236 receive the service charge imposed in s. 45.035 for services in
237 making, recording, and certifying the sale and title that shall
238 be assessed as costs. At the time of the sale, the successful
239 high bidder shall post with the clerk a deposit equal to 5
240 percent of the final bid. The deposit shall be applied to the
241 sale price at the time of payment. If final payment is not made
242 within the prescribed period, the clerk shall readvertise the
243 sale as provided in this section and pay all costs of the sale
244 from the deposit. Any remaining funds shall be applied toward
245 the judgment.
246 (4) CERTIFICATION OF SALE.—After a sale of the property the
247 clerk shall promptly file a certificate of sale and serve a copy
248 of it on each party in substantially the following form:
250 (Caption of Action)
252 CERTIFICATE OF SALE
254 The undersigned clerk of the court certifies that notice of
255 public sale of the property described in the order or final
256 judgment was published in ...., a newspaper circulated in ....
257 County, Florida, in the manner shown by the proof of publication
258 attached, and on ...., ...(year)..., the property was offered
259 for public sale to the highest and best bidder for cash. The
260 highest and best bid received for the property in the amount of
261 $.... was submitted by ...., to whom the property was sold. The
262 proceeds of the sale are retained for distribution in accordance
263 with the order or final judgment or law. WITNESS my hand and the
264 seal of this court on ...., ...(year)....
265 ...(Clerk)...
266 By ...(Deputy Clerk)...
268 (5) CERTIFICATE OF TITLE.—If no objections to the sale are
269 filed within 10 days after filing the certificate of sale, the
270 clerk shall file a certificate of title and serve a copy of it
271 on each party in substantially the following form:
273 (Caption of Action)
275 CERTIFICATE OF TITLE
277 The undersigned clerk of the court certifies that he or she
278 executed and filed a certificate of sale in this action on ....,
279 ...(year)..., for the property described herein and that no
280 objections to the sale have been filed within the time allowed
281 for filing objections.
282 The following property in .... County, Florida:
283 (description)
284 was sold to .................................
286 WITNESS my hand and the seal of the court on ...., ...(year)....
287 ...(Clerk)...
288 By ...(Deputy Clerk)...
290 (6) CONFIRMATION; RECORDING.—When the certificate of title
291 is filed the sale shall stand confirmed, and title to the
292 property shall pass to the purchaser named in the certificate
293 without the necessity of any further proceedings or instruments.
294 The certificate of title shall be recorded by the clerk.
295 (7) DISBURSEMENTS OF PROCEEDS.—
296 (a) On filing a certificate of title, the clerk shall
297 disburse the proceeds of the sale in accordance with the order
298 or final judgment and shall file a report of such disbursements
299 and serve a copy of it on each party, and on the Department of
300 Revenue if the department was named as a defendant in the action
301 or if the Department of Commerce or the former Agency for
302 Workforce Innovation was named as a defendant while the
303 Department of Revenue was providing reemployment assistance tax
304 collection services under contract with the Department of
305 Commerce or the former Agency for Workforce Innovation through
306 an interagency agreement pursuant to s. 443.1316.
307 (b) The certificate of disbursements shall be in
308 substantially the following form:
310 (Caption of Action)
312 CERTIFICATE OF DISBURSEMENTS
314 The undersigned clerk of the court certifies that he or she
315 disbursed the proceeds received from the sale of the property as
316 provided in the order or final judgment to the persons and in
317 the amounts as follows:
318 Name Amount
320 Total disbursements: $....
321 Surplus retained by clerk, if any: $....
323 IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER
324 THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE
325 DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL
326 TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING
327 FUNDS. AFTER THE FUNDS ARE REPORTED AS UNCLAIMED, ONLY THE OWNER
328 OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE
329 SURPLUS.
331 WITNESS my hand and the seal of the court on ...., ...(year)....
332 ...(Clerk)...
333 By ...(Deputy Clerk)...
335 (c) If no objections to the report are served within 10
336 days after it is filed, the disbursements by the clerk shall
337 stand approved as reported. If timely objections to the report
338 are served, they shall be heard by the court. Service of
339 objections to the report does not affect or cloud the title of
340 the purchaser of the property in any manner.
341 (d) If there are funds remaining after payment of all
342 disbursements required by the final judgment of foreclosure and
343 shown on the certificate of disbursements, the surplus shall be
344 distributed as provided in this section and ss. 45.0315-45.035.
345 (8) VALUE OF PROPERTY.—The amount of the bid for the
346 property at the sale shall be conclusively presumed to be
347 sufficient consideration for the sale. Any party may serve an
348 objection to the amount of the bid within 10 days after the
349 clerk files the certificate of sale. If timely objections to the
350 bid are served, the objections shall be heard by the court.
351 Service of objections to the amount of the bid does not affect
352 or cloud the title of the purchaser in any manner. If the case
353 is one in which a deficiency judgment may be sought and
354 application is made for a deficiency, the amount bid at the sale
355 may be considered by the court as one of the factors in
356 determining a deficiency under the usual equitable principles.
357 (9) EXECUTION SALES.—This section shall not apply to
358 property sold under executions.
359 (10) ELECTRONIC SALES.—The clerk may conduct the sale of
360 real or personal property under an order or judgment pursuant to
361 this section by electronic means. Such electronic sales shall
362 comply with the procedures provided in this chapter, except that
363 electronic proxy bidding shall be allowed and the clerk may
364 require bidders to advance sufficient funds to pay the deposit
365 required by subsection (3). The clerk shall provide access to
366 the electronic sale by computer terminals open to the public at
367 a designated location and shall accept an advance credit proxy
368 bid from the plaintiff of any amount up to the maximum allowable
369 credit bid of the plaintiff. A clerk who conducts such
370 electronic sales may receive electronic deposits and payments
371 related to the sale.
372 Section 5. This act shall take effect July 1, 2026.