Florida Senate - 2008 SB 2248

By Senator Baker

20-03372-08 20082248__

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A bill to be entitled

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An act relating to judicial sales; amending s. 45.031,

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F.S.; providing for certain sales to be conducted by

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electronic means; requiring that electronic sales comply

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with specified procedures; requiring the clerk of the

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court to provide the public with access to computer

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terminals for electronic sales; authorizing clerks to

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receive electronic payments and deposits related to

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electronic sales; amending s. 45.035, F.S.; increasing the

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service charge collected by the clerk for a sale conducted

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by electronic means; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (10) is added to section 45.031,

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Florida Statutes, to read:

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     45.031  Judicial sales procedure.--In any sale of real or

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personal property under an order or judgment, the procedures

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provided in this section and ss. 45.0315-45.035 may be followed

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as an alternative to any other sale procedure if so ordered by

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the court.

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     (10) ELECTRONIC SALES.--The clerk may conduct the sale of

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real or personal property under an order or judgment pursuant to

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this section by electronic means. Such sales conducted

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electronically must comply with the procedures provided in this

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chapter. The clerk shall provide public access to the sale by

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computer terminals open to the public at a designated location. A

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clerk who conducts a sale electronically may receive electronic

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deposits and payments related to the property sale.

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     Section 2.  Subsection (1) of section 45.035, Florida

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Statutes, is amended to read:

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     45.035  Clerk's fees.--In addition to other fees or service

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charges authorized by law, the clerk shall receive service

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charges related to the judicial sales procedure set forth in ss.

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45.031-45.034 and this section:

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     (1)  The clerk shall receive a service charge of $60 for

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services in making, recording, and certifying the sale and title,

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which service charge shall be assessed as costs and shall be

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advanced by the plaintiff before the sale. However, if the sale

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is to be conducted by electronic means as authorized in s.

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45.031(10), the service charge shall be $100.

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     Section 3.  This act shall take effect July 1, 2008.

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