CS/HB 773

1
A bill to be entitled
2An act relating to judicial sales; amending s. 45.031,
3F.S.; permitting certain sales to be conducted by
4electronic means; requiring electronic sales to comply
5with specified procedures; providing exceptions; requiring
6clerks to provide public access terminals for electronic
7sales; permitting clerks to receive electronic payments
8and deposits related to electronic sales; amending s.
945.035, F.S.; providing a service charge to be received by
10clerks for sales conducted by electronic means under a
11specified provision; providing an exception to the fee for
12moneys in the registry of the court; amending s. 197.542,
13F.S.; providing for electronic tax deed sales; requiring
14clerks to provide public access terminals for electronic
15sales; permitting clerks to receive electronic payments
16and deposits related to electronic sales; providing
17provisions relating to electronic tax deed sales in
18charter counties; for providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (10) is added to section 45.031,
23Florida Statutes, to read:
24     45.031  Judicial sales procedure.--In any sale of real or
25personal property under an order or judgment, the procedures
26provided in this section and ss. 45.0315-45.035 may be followed
27as an alternative to any other sale procedure if so ordered by
28the court.
29     (10)  ELECTRONIC SALES.--The clerk may conduct the sale of
30real or personal property under an order or judgment pursuant to
31this section by electronic means. Such electronic sales shall
32comply with the procedures provided in this chapter, except that
33electronic proxy bidding shall be allowed and the clerk may
34require bidders to advance sufficient funds to pay the deposit
35required by subsection (3). The clerk shall provide access to
36the electronic sale by computer terminals open to the public at
37a designated location and shall accept an advance credit proxy
38bid from the plaintiff of any amount up to the maximum allowable
39credit bid of the plaintiff. A clerk who conducts such
40electronic sales may receive electronic deposits and payments
41related to the sale.
42     Section 2.  Subsection (3) is added to section 45.035,
43Florida Statutes, to read:
44     45.035  Clerk's fees.--In addition to other fees or service
45charges authorized by law, the clerk shall receive service
46charges related to the judicial sales procedure set forth in ss.
4745.031-45.034 and this section:
48     (3)  If the sale is conducted by electronic means, as
49provided in s. 45.031(10), the clerk shall receive a service
50charge of $60 as provided in subsection (1) for services in
51conducting or contracting for the electronic sale, which service
52charge shall be assessed as costs and shall be advanced by the
53plaintiff before the sale. If the clerk requires advance
54electronic deposits to secure the right to bid, such deposits
55shall not be subject to the fee under s. 28.24(10). The portion
56of an advance deposit from a winning bidder required by s.
5745.031(3) shall, upon acceptance of the winning bid, be subject
58to the fee under s. 28.24(10).
59     Section 3.  Subsection (4) is added to section 197.542,
60Florida Statutes, to read:
61     197.542  Sale at public auction.--
62     (4)(a)  A clerk may conduct electronic tax deed sales in
63lieu of public outcry. The clerk must comply with the procedures
64provided in this chapter, except that electronic proxy bidding
65shall be allowed and the clerk may require bidders to advance
66sufficient funds to pay the deposit required by subsection (2).
67The clerk shall provide access to the electronic sale by
68computer terminals open to the public at a designated location.
69A clerk who conducts such electronic sales may receive
70electronic deposits and payments related to the sale. The
71portion of an advance deposit from a winning bidder required by
72subsection (2) shall, upon acceptance of the winning bid, be
73subject to the fee under s. 28.24(10).
74     (b)  Nothing in this subsection shall be construed to
75restrict or limit the authority of a charter county from
76conducting electronic tax deed sales. In a charter county where
77the clerk of the circuit court does not conduct all electronic
78sales, the charter county shall be permitted to receive
79electronic deposits and payments related to sales it conducts,
80as well as to subject the winning bidder to a fee, consistent
81with the schedule in s. 28.24(10).
82     Section 4.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.