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The Florida Senate

2018 Florida Statutes

Title VI CIVIL PRACTICE AND PROCEDURE
Chapter 45 CIVIL PROCEDURE: GENERAL PROVISIONS Entire Chapter
SECTION 035
Clerk’s fees.
F.S. 45.035
45.035 Clerk’s fees.—In addition to other fees or service charges authorized by law, the clerk shall receive service charges related to the judicial sales procedure set forth in ss. 45.031-45.034 and this section:
(1) The clerk shall receive a service charge of $70 for services in making, recording, and certifying the sale and title, which service charge shall be assessed as costs and shall be advanced by the plaintiff before the sale.
(2) If there is a surplus resulting from the sale, the clerk may receive the following service charges, which shall be deducted from the surplus:
(a) The clerk may withhold the sum of $28 from the surplus which may only be used for purposes of educating the public as to the rights of homeowners regarding foreclosure proceedings.
1(b) The clerk is entitled to a service charge of $15 for notifying a surplus trustee of his or her appointment.
(c) The clerk is entitled to a service charge of $15 for each disbursement of surplus proceeds.
1(d) The clerk is entitled to a service charge of $15 for appointing a surplus trustee, furnishing the surplus trustee with a copy of the final judgment and the certificate of disbursements, and disbursing to the surplus trustee the trustee’s cost advance.
(3) If the sale is conducted by electronic means, as provided in s. 45.031(10), the clerk shall receive an additional service charge not to exceed $70 for services in conducting or contracting for the electronic sale, which service charge shall be assessed as costs and paid when filing for an electronic sale date. If the clerk requires advance electronic deposits to secure the right to bid, such deposits shall not be subject to the fee under s. 28.24(10). The portion of an advance deposit from a winning bidder required by s. 45.031(3) shall, upon acceptance of the winning bid, be subject to the fee under s. 28.24(10).
History.—s. 5, ch. 2006-175; s. 25, ch. 2008-111; s. 2, ch. 2008-194; s. 3, ch. 2009-21; s. 10, ch. 2009-204; s. 7, ch. 2017-126; s. 6, ch. 2018-71.
1Note.—Section 6, ch. 2018-71, deleted paragraphs (2)(b) and (d), effective July 1, 2019.