Florida Senate - 2008 SB 2248
By Senator Baker
20-03372-08 20082248__
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A bill to be entitled
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An act relating to judicial sales; amending s. 45.031,
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F.S.; providing for certain sales to be conducted by
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electronic means; requiring that electronic sales comply
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with specified procedures; requiring the clerk of the
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court to provide the public with access to computer
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terminals for electronic sales; authorizing clerks to
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receive electronic payments and deposits related to
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electronic sales; amending s. 45.035, F.S.; increasing the
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service charge collected by the clerk for a sale conducted
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by electronic means; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (10) is added to section 45.031,
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Florida Statutes, to read:
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45.031 Judicial sales procedure.--In any sale of real or
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personal property under an order or judgment, the procedures
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as an alternative to any other sale procedure if so ordered by
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the court.
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(10) ELECTRONIC SALES.--The clerk may conduct the sale of
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real or personal property under an order or judgment pursuant to
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this section by electronic means. Such sales conducted
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electronically must comply with the procedures provided in this
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chapter. The clerk shall provide public access to the sale by
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computer terminals open to the public at a designated location. A
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clerk who conducts a sale electronically may receive electronic
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deposits and payments related to the property sale.
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Section 2. Subsection (1) of section 45.035, Florida
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Statutes, is amended 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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(1) The clerk shall receive a service charge of $60 for
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services in making, recording, and certifying the sale and title,
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which service charge shall be assessed as costs and shall be
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advanced by the plaintiff before the sale. However, if the sale
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is to be conducted by electronic means as authorized in s.
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45.031(10), the service charge shall be $100.
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Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.