The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS

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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. 45.031-45.033 and this section:

(1) The clerk shall receive a service charge of $70, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund, 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.

(b) The clerk is entitled to a service charge of $15 for each disbursement of surplus proceeds, from which the clerk shall remit $5 to the Department of Revenue for deposit into the General Revenue Fund.

(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 are not subject to the fee under s. 28.24(11). 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(11).

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; s. 12, ch. 2019-58; s. 8, ch. 2021-51; s. 17, ch. 2021-116.

F.S. 45.035 on Google Scholar

F.S. 45.035 on Casetext

Amendments to 45.035

Arrestable Offenses / Crimes under Fla. Stat. 45.035

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 45.035.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BELL RANCH RESIDENTIAL LAND TRUST, v. BURRILL, 264 So. 3d 295 (Fla. App. Ct. 2019)

. . . certificate of disbursements, the surplus shall be distributed as provided in this section and ss. 45.0315-45.035 . . .

BANK OF NEW YORK MELLON, v. D. GLENVILLE a k a D. a k a, 252 So. 3d 1120 (Fla. 2018)

. . . disbursements, the surplus shall be distributed as provided in this section [45.031] and ss. 45.0315-45.035 . . . disbursements, the surplus shall be distributed as provided in this section [45.031] and ss. 45.0315-45.035 . . . certain terms that apply not just for purposes of section 45.032 but "[f]or purposes of ss. 45.031 - 45.035 . . .

SHELTON, v. BANK OF NEW YORK MELLON f k a a E. E. E. T. N. A., 203 So. 3d 1003 (Fla. Dist. Ct. App. 2016)

. . . property under an order or judgment, the procedures provided in this section and [sections] 45.0315-45.035 . . .

STRAUB, v. WELLS FARGO BANK, N. A. JP f k a F. A. a, 182 So. 3d 878 (Fla. Dist. Ct. App. 2016)

. . . certificate of disbursements, the surplus shall be distributed as provided in this section and ss. 45.0315-45.035 . . .

REDUS FLORIDA COMMERCIAL, LLC, v. COLLEGE STATION RETAIL CENTER, LLC, a E. Sr. C., 777 F.3d 1187 (11th Cir. 2014)

. . . . § 45.035(1), and $49,900 more than the USMS had charged in many materially indistinguishable recent . . . Stat. § 45.035 (2014). . . .

H. ATWATER, v. CITY OF CAPE CORAL R. H. v. H. v. f k a, 120 So. 3d 595 (Fla. Dist. Ct. App. 2013)

. . . certificate of disbursements, the surplus shall be distributed as provided in this section and ss. 45.0315-45.035 . . .

HSBC BANK USA, NATIONAL ASSOCIATION, A v. NIXON, LLC,, 117 So. 3d 430 (Fla. Dist. Ct. App. 2012)

. . . personal property under an order of judgment, the procedures provided in this section and ss. 45.0315-45.035 . . .

VARGAS, v. DEUTSCHE BANK NATIONAL TRUST CO., 104 So. 3d 1156 (Fla. Dist. Ct. App. 2012)

. . . Stat. (2012) (governing qualifications and appointment of a surplus trustee in foreclosure actions); § 45.035 . . .

J. SIMONSON, v. PALM BEACH HOTEL CONDOMINIUM ASSOCIATION, INC. LLC,, 93 So. 3d 436 (Fla. Dist. Ct. App. 2012)

. . . personal property under an order or judgment, the procedures provided in this section and §§ 45.0315-45.035 . . .

ROYAL PALM CORPORATE CENTER ASSOCIATION, LTD. a a LLC, a LLC, a a V. III, v. PNC BANK, NA, NA,, 89 So. 3d 923 (Fla. Dist. Ct. App. 2012)

. . . personal property under an order or judgment, the procedure provided in this section and ss. 45.0315-45.035 . . .

JV, v. LITTLE HOUSE, LLC,, 50 So. 3d 691 (Fla. Dist. Ct. App. 2010)

. . . personal property under an order or judgment, the procedures provided in this section and ss. 45.0315-45.035 . . .