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 |
17 | provisions relating to electronic tax deed sales in |
18 | charter counties; for providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Subsection (10) is added to section 45.031, |
23 | Florida Statutes, to read: |
24 | 45.031 Judicial sales procedure.--In any sale of real or |
25 | personal property under an order or judgment, the procedures |
26 | provided in this section and ss. 45.0315-45.035 may be followed |
27 | as an alternative to any other sale procedure if so ordered by |
28 | the court. |
29 | (10) ELECTRONIC SALES.--The clerk may conduct the sale of |
30 | real or personal property under an order or judgment pursuant to |
31 | this section by electronic means. Such electronic sales shall |
32 | comply with the procedures provided in this chapter, except that |
33 | electronic proxy bidding shall be allowed and the clerk may |
34 | require bidders to advance sufficient funds to pay the deposit |
35 | required by subsection (3). The clerk shall provide access to |
36 | the electronic sale by computer terminals open to the public at |
37 | a designated location and shall accept an advance credit proxy |
38 | bid from the plaintiff of any amount up to the maximum allowable |
39 | credit bid of the plaintiff. A clerk who conducts such |
40 | electronic sales may receive electronic deposits and payments |
41 | related to the sale. |
42 | Section 2. Subsection (3) is added to section 45.035, |
43 | Florida Statutes, to read: |
44 | 45.035 Clerk's fees.--In addition to other fees or service |
45 | charges authorized by law, the clerk shall receive service |
46 | charges related to the judicial sales procedure set forth in ss. |
47 | 45.031-45.034 and this section: |
48 | (3) If the sale is conducted by electronic means, as |
49 | provided in s. 45.031(10), the clerk shall receive a service |
50 | charge of $60 as provided in subsection (1) for services in |
51 | conducting or contracting for the electronic sale, which service |
52 | charge shall be assessed as costs and shall be advanced by the |
53 | plaintiff before the sale. If the clerk requires advance |
54 | electronic deposits to secure the right to bid, such deposits |
55 | shall not be subject to the fee under s. 28.24(10). The portion |
56 | of an advance deposit from a winning bidder required by s. |
57 | 45.031(3) shall, upon acceptance of the winning bid, be subject |
58 | to the fee under s. 28.24(10). |
59 | Section 3. Subsection (4) is added to section 197.542, |
60 | Florida Statutes, to read: |
61 | 197.542 Sale at public auction.-- |
62 | (4)(a) A clerk may conduct electronic tax deed sales in |
63 | lieu of public outcry. The clerk must comply with the procedures |
64 | provided in this chapter, except that electronic proxy bidding |
65 | shall be allowed and the clerk may require bidders to advance |
66 | sufficient funds to pay the deposit required by subsection (2). |
67 | The clerk shall provide access to the electronic sale by |
68 | computer terminals open to the public at a designated location. |
69 | A clerk who conducts such electronic sales may receive |
70 | electronic deposits and payments related to the sale. The |
71 | portion of an advance deposit from a winning bidder required by |
72 | subsection (2) shall, upon acceptance of the winning bid, be |
73 | subject to the fee under s. 28.24(10). |
74 | (b) Nothing in this subsection shall be construed to |
75 | restrict or limit the authority of a charter county from |
76 | conducting electronic tax deed sales. In a charter county where |
77 | the clerk of the circuit court does not conduct all electronic |
78 | sales, the charter county shall be permitted to receive |
79 | electronic deposits and payments related to sales it conducts, |
80 | as well as to subject the winning bidder to a fee, consistent |
81 | with the schedule in s. 28.24(10). |
82 | Section 4. This act shall take effect July 1, 2008. |