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The Committee on Finance and Tax (Storms) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete lines 24 through 41

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and insert:

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this section by electronic means. Such electronic sales shall

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comply with the procedures provided in this chapter, except that

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electronic proxy bidding shall be allowed and the clerk may

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require bidders to advance sufficient funds to pay the deposit

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required by subsection (3). The clerk shall provide access to the

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electronic sale by computer terminals that are open to the public

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at a designated location, and shall accept an advance credit

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proxy bid from the plaintiff of any amount up to the maximum

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allowable credit bid of the plaintiff. A clerk who conducts such

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electronic sales may receive electronic deposits and payments

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related to the sale.

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     Section 2.  Subsection (3) is added to section 45.035,

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Florida Statutes, to read:

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     45.035  Clerk's fees.--In addition to other fees or service

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charges authorized by law, the clerk shall receive service

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charges related to the judicial sales procedure set forth in ss.

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45.031-45.034 and this section:

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     (3) If the sale is conducted by electronic means as

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provided in s. 45.031(10), the clerk shall receive an additional

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service charge of $40 for services in conducting or contracting

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for the electronic sale, which service charge shall be assessed

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as costs and shall be advanced by the plaintiff before the sale.

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If the clerk requires advance electronic deposits to secure the

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right to bid, such deposits are not subject to the fee under s.

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28.24(10). The portion of an advance deposit from a winning

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bidder required by s. 45.031(3) shall, upon acceptance of the

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winning bid, be subject to the fee under s. 28.24(10).

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 5 through 10

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and insert:

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with specified procedures; providing exceptions;

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requiring clerks to provide public access terminals for

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electronic sales; permitting clerks to receive electronic

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payments and deposits related to electronic sales;

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amending s. 45.035, F.S.; providing a service charge to

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be received by clerks for sales conducted by electronic

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means under a specified provision; providing an exception

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to the fee for monies in the registry of the court;

3/26/2008  11:54:00 AM     10-05815-08