| 1 | A bill to be entitled |
| 2 | An act relating to judicial sales; amending s. 45.031, |
| 3 | F.S.; permitting certain sales to be conducted by |
| 4 | electronic means; requiring electronic sales to comply |
| 5 | with specified procedures; requiring clerks to provide |
| 6 | public access terminals for electronic sales; permitting |
| 7 | clerks to receive electronic payments and deposits related |
| 8 | to electronic sales; amending s. 45.035, F.S.; providing a |
| 9 | service charge to be received by clerks for sales |
| 10 | conducted by electronic means under a specified provision; |
| 11 | providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (10) is added to section 45.031, |
| 16 | Florida Statutes, to read: |
| 17 | 45.031 Judicial sales procedure.--In any sale of real or |
| 18 | personal property under an order or judgment, the procedures |
| 19 | provided in this section and ss. 45.0315-45.035 may be followed |
| 20 | as an alternative to any other sale procedure if so ordered by |
| 21 | the court. |
| 22 | (10) ELECTRONIC SALES.--The clerk may conduct the sale of |
| 23 | real or personal property under an order or judgment pursuant to |
| 24 | this section by electronic means. Such electronic sales shall |
| 25 | comply with the procedures provided in this chapter. The clerk |
| 26 | shall provide access to the electronic sale by computer |
| 27 | terminals open to the public at a designated location. A clerk |
| 28 | who conducts such electronic sales may receive electronic |
| 29 | deposits and payments related to the property sale. |
| 30 | Section 2. Subsection (1) of section 45.035, Florida |
| 31 | Statutes, is amended to read: |
| 32 | 45.035 Clerk's fees.--In addition to other fees or service |
| 33 | charges authorized by law, the clerk shall receive service |
| 34 | charges related to the judicial sales procedure set forth in ss. |
| 35 | 45.031-45.034 and this section: |
| 36 | (1) The clerk shall receive a service charge of $60 for |
| 37 | services in making, recording, and certifying the sale and |
| 38 | title, which service charge shall be assessed as costs and shall |
| 39 | be advanced by the plaintiff before the sale; however, if the |
| 40 | sale is to be conducted by electronic means as authorized in s. |
| 41 | 45.031(10), the fee shall be $100. |
| 42 | Section 3. This act shall take effect July 1, 2008. |