Florida House Bill 2506 Section 7 amended FL St 45.035 (3) to include a service charge not to exceed $70 for conducting electronic sales. Most importantly, the responsibility for payment has shifted to the plaintiff to be paid prior to the sale occurring, as a result, you will see an additional invoice for the $70 cost. Please see below for the exact language of Section 7. The complete Amendment is also attached; Section 7 is located on page 10.
Section 7. Subsection (3) of section 45.035, Florida 254 Statutes, is amended to read:
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:
(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 by the winning bidder. 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).
The attorneys of ALAW remain well attuned to our ever-changing legal landscape and are prepared to provide you with unparalleled representation every step of the way.
For more information on this legal update or any other legislative matters, please contact:
Nathan Gryglewicz
Partner
[email protected]