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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; providing exceptions; requiring

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clerks to provide public access terminals for electronic

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sales; authorizing clerks to receive electronic payments

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and deposits related to electronic sales; amending s.

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45.035, F.S.; providing a service charge to be received by

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clerks for sales conducted by electronic means under a

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specified provision; providing an exception to the fee for

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moneys in the registry of the court; amending s. 197.542,

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F.S.; providing for electronic tax deed sales; requiring

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clerks to provide public access terminals for electronic

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sales; authorizing clerks to receive electronic payments

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and deposits related to electronic sales; providing an

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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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provided in this section and ss. 45.0315-45.035 may be followed

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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 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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     Section 3.  Subsection (4) is added to section 197.542,

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Florida Statutes, to read:

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     197.542  Sale at public auction.--

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     (4) Any clerk who conducts electronic foreclosure sales

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pursuant to s. 43.031(10) may also conduct an electronic tax deed

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sale in lieu of public outcry. The clerk must comply with the

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procedures provided in this chapter, except that electronic proxy

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bidding shall be allowed and the clerk may require bidders to

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advance sufficient funds to pay the deposit required by

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subsection (2). The clerk shall provide access to the electronic

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sale by computer terminals open to the public at a designated

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location. A clerk who conducts such electronic sales may receive

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electronic deposits and payments related to the sale. The portion

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of an advance deposit from a winning bidder required by s.

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197.542(4) shall, upon acceptance of the winning bid, be subject

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to the fee under s. 28.24(10).

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     Section 4.  This act shall take effect July 1, 2008.