Legislative Update. 3:20 5 p.m. Monday, June 9. Vista Room. PGA National Resort & Spa, Palm Beach Gardens

Transcription

1 Legislative Update 3:20 5 p.m. Monday, June 9 Vista Room PGA National Resort & Spa, Palm Beach Gardens

2 Jean Sperbeck, Alachua County Clerk s Office HB 797 CLERKS OF COURT

3 HB 797 Clerks of Court Jury (s , F.S.) Provides that jurors and witnesses can also be paid by check, not just cash or warrant Garnishments (s , F.S.) Provides for garnishment deposits to be paid directly to the garnishee s attorney, not the Clerk

4 HB 797 Clerks of Court Tax Deeds Tax certificates may be redeemed any time before tax deed is issued unless full payment for tax deed is made, including doc stamps and recording fees Revises language that disallowed redemption if the property was put on list of lands (s , F.S.) s , F.S., requires a certificateholder to pay the costs of resale within 30 days of notice from the Clerk or the certificate is canceled by the Clerk and the property is entered on list of lands Previous language made no provision for payment of resale costs, no deadline within which to make payment, and no penalty for nonpayment

5 HB 797 Clerks of Court Tax Deeds List of lands statute now allows individually held property to be put on list of lands, not just county-held property [s (7), F.S.] AND gives reasons for putting on lists of lands: Certificateholder fails to timely pay costs Fails to pay amounts due for issuance of tax deed Within 30 days of sale Removes requirement to notify all other certificateholders

6 HB 797 Clerks of Court Tax Deeds If property is homestead, certificateholder must pay half of the value of the homestead All costs to complete sale must be paid by certificateholder within 30 days of the sale; if not, paid property is entered on the list of lands [s (1), F.S.] If the sale is canceled or the buyer fails to make full payment within the required time, the Clerk must readvertise the sale within 30 days of the buyer s nonpayment or, if canceled, within 30 days after the Clerk receives the re-sale costs, with sale to be held within 30 days of readvertising

7 HB 797 Clerks of Court Tax Deeds Cancelations and Unclaimed Money If sale is canceled and no bidders in subsequent sale and certificateholder fails to pay amounts due within 30 days, the property may be placed on the list of lands [s (3), F.S.] Removes the requirement for unlimited recurring sales if the property is not sold Establishes a standard title for list of lands as Lands Available for Taxes

8 HB 797 Clerks of Court Tax Deeds Overbids and Unclaimed Money Allows the overbid notice to substitute for the unclaimed funds notice [s (2), F.S.] Assigns the overbid notice date as the date to use when reporting unclaimed money to the state

9 HB 797 Clerks of Court Tax Deeds Distributing Overbids Adds provisions that mimic Florida Administrative Code (FAC) rules slated for deletion Requires Clerks to distribute overbids in accordance with lienholders record priorities Provides Clerks MAY file interpleader, allowing for assessment of fees and costs with either a dispute or a claimant that has a lower priority lien

10 Anthony Palmieri, Palm Beach County Clerk s Office HB 635 GUARDIANSHIP HB 409 OFFENSES AGAINST VULNERABLE PERSONS

11 The Current Picture: Florida Top 10 Counties for Seniors 1. Miami-Dade 2. Palm Beach 3. Broward 4. Pinellas 5. Hillsborough 6. Lee 7. Brevard 8. Sarasota 9. Orange 10. Volusia Sharon R. Bock, Clerk & Comptroller for Palm Beach County 11

12 The Current Picture: Florida Prevalence of Alzheimer s Type Dementia Florida has 2 nd highest total of patients in U.S. One in 40 people has Alzheimer s disease in Florida Two times the occurrence rate compared to U.S. Sharon R. Bock, Clerk & Comptroller for Palm Beach County 12

13 The Future: Florida Sharon R. Bock, Clerk & Comptroller for Palm Beach County 13

14 Clerk s Guardianship Authority Section (1989), Florida Statutes, the Clerk is required to shall audit the verified inventory or the annual accounting. The Clerk shall advise the court of the results of the audit. Sharon R. Bock, Clerk & Comptroller for Palm Beach County 14

15 Definition of Auditing Section (2006), Florida Statutes, the definition of Audit means a systematic review of financial and all other documents to ensure compliance with s , rules of court, and local procedures using generally accepted accounting principles. Sharon R. Bock, Clerk & Comptroller for Palm Beach County 15

16 Statutory Audits Basic Reviews / Statutory Minimum High Level Reviews Ensure Reports are: Timely Complete Accurate Level 1 100% are Audited 16

17 Enhanced Monitoring Third Party Verifications Investigative Techniques Interviews and Interrogations Observations and Surveillance Level 3 Level 2 Level 1 Sharon R. Bock, Clerk & Comptroller for Palm Beach County 17

18 Enhanced Monitoring Level 3 Level 2 Level 1 Limited Scope Audit 3 rd Party Verifications Inspections Scalpel Approach Sharon R. Bock, Clerk & Comptroller for Palm Beach County 18

19 Enhanced Monitoring Full Scope Audit Review All Transactions Highly Unusual Shotgun Approach Level 3 Level 2 Level 1 Limited Scope Audit 3 rd Party Verifications Inspections Scalpel Approach Sharon R. Bock, Clerk & Comptroller for Palm Beach County 19

20 Guardianship Fraud Identified September 2011 Launch - Identified $3.1 million Vast majority: Non-Professional Guardians Referrals to Law Enforcement o 2 cases (Fiscal Year 2011) o 6 cases (Fiscal Year 2012) o 5 cases (Fiscal Year 2013) o 3 cases (YTD Fiscal 2014) Sharon R. Bock, Clerk & Comptroller for Palm Beach County 20

21 Arrest Guardianship Fraud PBSO Booking Photo Willie E. Lockridge Sharon R. Bock, Clerk & Comptroller for Palm Beach County 21 21

22 Clerks Guardianship Bill HB 635 Redefines and expands Audit to include: Verifications Reviews Inspections Investigations Sharon R. Bock, Clerk & Comptroller for Palm Beach County 22

23 Clerks Guardianship Bill HB 635 Permissive Statute Clerks may: Review records impacting guardianship assets Including beginning inventory balance Review fees charged to guardianship Sharon R. Bock, Clerk & Comptroller for Palm Beach County 23

24 Clerks Guardianship Bill HB 635 Issue subpoenas Third Parties Records from Guardians Show Cause Due Process Safeguards Sharon R. Bock, Clerk & Comptroller for Palm Beach County 24

25 Clerks Guardianship Bill HB 635 Requires all family guardians to undergo: Credit history investigation Level 2 background screening Specifies Failure to Submit Guardianship Records as a reason for removal of guardian Disclosure of expunged records Presented to Governor Scott on June 5, 2014 Sharon R. Bock, Clerk & Comptroller for Palm Beach County 25

26 Offenses Against Vulnerable Persons - HB 409 Removes deception or intimidation Specifically adds guardians to statute Addresses identity theft: 60 years old / Disabled Adult Public servant Sharon R. Bock, Clerk & Comptroller for Palm Beach County 26

27 Offenses Against Vulnerable Persons Creates permissive presumption - result of exploitation: Any inter vivos transfer of assets In excess of $10,000 By a person 65 or older To a nonrelative, knew less than 2 years Sharon R. Bock, Clerk & Comptroller for Palm Beach County 27

28 Offenses Against Vulnerable Persons Reduces threshold for various degrees of offenses: First Degree Felony More than $50,000 $100,000 Second Degree Felony - $10,000 to $50,000 $20,000 to $100,000 Third Degree Felony Less than $10,000 $20,000 Sharon R. Bock, Clerk & Comptroller for Palm Beach County 28

29 Guardianship Legislative Update QUESTIONS? 29

30 Myriam Irizarry, Pinellas County Clerk s Office SB 522, SB 524, SB 526, SB 528 SEX OFFENDER LEGISLATION

31 SB 522 Involuntary Civil Commitment of Sexually Violent Predators Approved by the Governor on April 1, Chapter Law Effective July 1, 2014 Essentially strengthens the law with regard to the civil commitment of sexually violent predators to require additional persons to be assessed for civil commitment

32 SB 522 Involuntary Civil Commitment of Sexually Violent Predators Requires the Department of Children and Families (DCF) to recommend that the State Attorney file a petition for civil commitment when two or more members of the multidisciplinary team (MDT) determine that the person meets the definition of a sexually violent predator Additionally, the team must treat an attempt, solicitation, or conspiracy to commit a sexually violent offense in the same way as if the person completed the offense

33 SB 522 Involuntary Civil Commitment of Sexually Violent Predators Allows the civilly committed sexually violent predator and the State Attorney to be present and provide evidence at a hearing to determine whether the violent predator may be safely discharged from civil commitment Monitoring of predators is also strengthened by the bill DCF must provide notice to local law enforcement agencies when a predator is released, and to victims when an offender who was detained by the predator program, but was not committed, is released

34 SB 524 Sexually Violent Predators Approved by the Governor on April 1, Chapter Law Effective July 1, 2014 Named the Protecting Our Children and Adults from Sexual Predators Act Improves, among other things, the public notification of the location of sexual offenders and predators Seeks to improve the training of the five-member MDT that determines whether an offender meets the definition of a sexual predator

35 SB 524 Sexually Violent Predators The Florida Department of Law Enforcement (FDLE) maintains a website and toll-free number to provide information to the public on the location and offenses of sex offenders and predators The Pinellas County Clerk s office maintains a link to this website from the Clerk s homepage

36 SB 526 Sexual Offenses Approved by the Governor on April 1, Chapter Law Effective October 1, 2014 Significantly increases the punishment of sex offenders Minimum and maximum penalties are enhanced for sexual battery and lewd offenses Gain time is eliminated Mandates community supervision of sex offenders who do not receive the maximum prison sentence

37 SB 526 Sexual Offenses Courts may limit testimony in open court and in depositions if the victim or witness was under the age of 16 when they were the victim of or witness to a sexual offense Further eliminates the time limits for the prosecution of lewd battery if the victim was younger than 16 at the time of the offense, unless the offender was less than 18 and no more than four years older than the victim at the time of the offense

38 SB 526 Sexual Offenses Increases the mandatory minimum sentence for dangerous sexual felony offenders from 25 years to life to 50 years to life Prohibits offenders on community supervision who have committed any specified sexual offense from viewing, accessing, owing, or possessing any obscene, pornographic materials regardless of whether it is related to their deviant behavior and pattern Courts may require a sex offender who is on probation to evaluated and undergo sexual offender treatment

39 SB 528 Sex Offenses Approved by the Governor on April 1, Chapter Law Effective October 1, 2014 Relates to the responsibility of FDLE to inform the Clerk if a person petitioning for a name change has registered as a sexual predator or sexual offender Creates a process for agencies to be notified of an order granting a registrant s name change petition

40 SB 528 Sex Offenses Registrant must report information on vehicles the registrant owns and on vehicles owned by a person who resides at the registrant s permanent address Registrant must also report tattoos or other identifying marks, palm prints, passports, professional license information, immigration status, internet identifiers, and whether they volunteer at a Florida university Registrants must also report their intent to establish residency in another country

41 Richard Herring, FCCC Consulting Attorney RETIREMENT, ETHICS, OPEN GOVERNMENT

42 HB 5005 State-Administered Retirement Systems Sets employer contribution rates for Membership Class Normal Cost Contribution Rates Current Effective July 1, 2014 Unfunded Actuarial Liability (UAL) Contribution Rates Current Effective July 1, 2014 Regular Class 3.53% 3.53% 2.19% 2.54% Elected County 8.44% 8.36% 23.36% 33.58% Officers Senior Management 4.81% 4.80% 12.27% 15.04% DROP 4.63% 4.30% 7.01% 6.72%

43 HB 5005 State-Administered Retirement Systems The health insurance subsidy (HIS) rate increases from 1.20 percent to 1.26 percent, effective July 1, 2014 Chapter , Laws of Florida, effective date July 1, 2014

44 SB 846 Government Ethics Expands the requirement for annual ethics training of constitutional officers to include elected city officials Requires public officers and officials who are required to complete ethics training to certify completion on their financial disclosures Failure to certify completion of training is not an immaterial, inconsequential, or de minimis error or omission

45 SB 846 Government Ethics Prohibits a member of a board or commission from failing to vote unless there is, or appears to be, a conflict of interest under chapter 112, F.S., or other more stringent ethics standards adopted by the board or commission If a member asserts a conflict, the member must comply with the disclosure requirements of s , F.S., or the additional standards

46 Selected Open Government Bills SB 1524 Florida Information Protection Act of 2014 Requires notice to affected customers and the Department of Legal Affairs (DLA) when a breach of security of personal information occurs Notice must be given within 30 days of the discovery of the breach or belief that a breach occurred, unless delayed at the request of law enforcement for investigative purposes or for good cause DLA may civilly prosecute violations under the Florida Deceptive and Unfair Trade Practices Act

47 Selected Open Government Bills SB 1526 Exemption/Data Breach Notifications Creates a public record exemption for all information received by the Department of Legal Affairs, pursuant to the requirements of SB 1524

48 Selected Open Government Bills HB 89 Expunction/Threatened Use of Force Allows expungement of criminal history records when a state attorney or court dismisses an information, indictment, or other charging document based on a finding that the accused acted in lawful self-defense Does not create a new exemption

49 Selected Open Government Bills SB 730 Governing Bodies/Public Meetings Chapter , Laws of Florida, effective date July 1, 2014 Authorizes a city government body to hold joint meetings to receive, discuss, and act on matters of mutual interest with the governing body of the county within which the city is located or of another city Does not create a new exemption

50 Questions? Contacts Jean Sperbeck - jas@alachuaclerk.org Myriam Irizarry - mirizarr@co.pinellas.fl.us Anthony Palmieri - apalmieri@mypalmbeachclerk.com Richard Herring richard@reherring.com Sara Sanders ssanders@flclerks.com