| 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; providing exceptions; requiring |
| 6 | clerks to provide public access terminals for electronic |
| 7 | sales; permitting clerks to receive electronic payments |
| 8 | and deposits related to electronic sales; amending s. |
| 9 | 45.035, F.S.; providing a service charge to be received by |
| 10 | clerks for sales conducted by electronic means under a |
| 11 | specified provision; providing an exception to the fee for |
| 12 | moneys in the registry of the court; amending s. 197.542, |
| 13 | F.S.; providing for electronic tax deed sales; requiring |
| 14 | clerks to provide public access terminals for electronic |
| 15 | sales; permitting clerks to receive electronic payments |
| 16 | and deposits related to electronic sales; providing an |
| 17 | effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsection (10) is added to section 45.031, |
| 22 | Florida Statutes, to read: |
| 23 | 45.031 Judicial sales procedure.--In any sale of real or |
| 24 | personal property under an order or judgment, the procedures |
| 25 | provided in this section and ss. 45.0315-45.035 may be followed |
| 26 | as an alternative to any other sale procedure if so ordered by |
| 27 | the court. |
| 28 | (10) ELECTRONIC SALES.--The clerk may conduct the sale of |
| 29 | real or personal property under an order or judgment pursuant to |
| 30 | this section by electronic means. Such electronic sales shall |
| 31 | comply with the procedures provided in this chapter, except that |
| 32 | electronic proxy bidding shall be allowed and the clerk may |
| 33 | require bidders to advance sufficient funds to pay the deposit |
| 34 | required by subsection (3). The clerk shall provide access to |
| 35 | the electronic sale by computer terminals open to the public at |
| 36 | a designated location and shall accept an advance credit proxy |
| 37 | bid from the plaintiff of any amount up to the maximum allowable |
| 38 | credit bid of the plaintiff. A clerk who conducts such |
| 39 | electronic sales may receive electronic deposits and payments |
| 40 | related to the sale. |
| 41 | Section 2. Subsection (3) is added to section 45.035, |
| 42 | Florida Statutes, to read: |
| 43 | 45.035 Clerk's fees.--In addition to other fees or service |
| 44 | charges authorized by law, the clerk shall receive service |
| 45 | charges related to the judicial sales procedure set forth in ss. |
| 46 | 45.031-45.034 and this section: |
| 47 | (3) If the sale is conducted by electronic means, as |
| 48 | provided in s. 45.031(10), the clerk shall receive an additional |
| 49 | service charge of $40 for services in conducting or contracting |
| 50 | for the electronic sale, which service charge shall be assessed |
| 51 | as costs and shall be advanced by the plaintiff before the sale. |
| 52 | If the clerk requires advance electronic deposits to secure the |
| 53 | right to bid, such deposits shall not be subject to the fee |
| 54 | under s. 28.24(10). The portion of an advance deposit from a |
| 55 | winning bidder required by s. 45.031(3) shall, upon acceptance |
| 56 | of the winning bid, be subject to the fee under s. 28.24(10). |
| 57 | Section 3. Subsection (4) is added to section 197.542, |
| 58 | Florida Statutes, to read: |
| 59 | 197.542 Sale at public auction.-- |
| 60 | (4) Any clerk who conducts electronic foreclosure sales |
| 61 | pursuant to s. 45.031(10) may also conduct electronic tax deed |
| 62 | sales in lieu of public outcry. The clerk must comply with the |
| 63 | procedures provided in this chapter, except that electronic |
| 64 | proxy bidding shall be allowed and the clerk may require bidders |
| 65 | to advance sufficient funds to pay the deposit required by |
| 66 | subsection (2). The clerk shall provide access to the electronic |
| 67 | sale by computer terminals open to the public at a designated |
| 68 | location. A clerk who conducts such electronic sales may receive |
| 69 | electronic deposits and payments related to the sale. The |
| 70 | portion of an advance deposit from a winning bidder required by |
| 71 | subsection (2) shall, upon acceptance of the winning bid, be |
| 72 | subject to the fee under s. 28.24(10). |
| 73 | Section 4. This act shall take effect July 1, 2008. |