Florida Statute 45.035 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 45.035

Total Results: 12

2017 BELL RANCH RESIDENTIAL LAND TRUST v. CAROL BURRILL AND WELLS FARGO FINANCIAL SYSTEM FLORIDA, INC.

Court: District Court of Appeal of Florida | Date Filed: 2019-02-01

Citation: 264 So. 3d 295

Snippet: distributed as provided in this section and ss. 45.0315-45.035." Section 45.032(2) in turn provides:

The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville

Court: Supreme Court of Florida | Date Filed: 2018-09-06

Citation: 252 So. 3d 1120

Snippet: provided in this section [45.031] and ss. 45.0315-45.035." § 45.031(7)(d), Fla. Stat. Section 45.031

Shelton v. The Bank of New York Mellon

Court: District Court of Appeal of Florida | Date Filed: 2016-11-09

Citation: 203 So. 3d 1003, 2016 Fla. App. LEXIS 16641

Snippet: provided in this section and [sections] 45.0315-45.035 may be followed as *1006 an alternative

Bunnie Straub v. Wells Fargo Bank, N.A. Chris Straub, JP Morgan Chase Bank, National Association, etc., and Faircondo, Inc., a Condominium Association

Court: District Court of Appeal of Florida | Date Filed: 2016-01-06

Citation: 182 So. 3d 878, 2016 Fla. App. LEXIS 259

Snippet: distributed as provided in this section and ss. 45.0315-45.035.” § 45.031(7)(d). The relevant dates which

Atwater v. City of Cape Coral

Court: District Court of Appeal of Florida | Date Filed: 2013-07-10

Citation: 120 So. 3d 595, 2013 WL 3449645

Snippet: distributed as provided in this section and ss. 45.0315-45.035.”). See generally The Florida Bar, Creditors’ and

HSBC Bank USA, National Ass'n v. Nixon

Court: District Court of Appeal of Florida | Date Filed: 2012-12-19

Citation: 117 So. 3d 430, 2012 WL 6600927, 2012 Fla. App. LEXIS 21772

Snippet: procedures provided in this section and ss. 45.0315-45.035 may be followed as an alternative to any other

Vargas v. Deutsche Bank National Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2012-11-28

Citation: 104 So. 3d 1156, 2012 WL 5933055, 2012 Fla. App. LEXIS 20336

Snippet: of a surplus trustee in foreclosure actions); § 45.035, Fla. Stat. (2012) (governing clerk’s fees in judicial

Simonson v. Palm Beach Hotel Condominium Ass'n, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2012-07-11

Citation: 93 So. 3d 436, 2012 Fla. App. LEXIS 11289, 2012 WL 2813875

Snippet: procedures provided in this section and §§ 45.0315-45.035 may be followed as an alternative to any other

Royal Palm Corporate Center Ass'n v. PNC Bank, NA

Court: District Court of Appeal of Florida | Date Filed: 2012-03-21

Citation: 89 So. 3d 923, 2012 Fla. App. LEXIS 4471, 2012 WL 933060

Snippet: procedure provided in this section and ss. 45.0315-45.035 may be followed as an alternative to any other

LR5A-JV v. Little House, LLC

Court: District Court of Appeal of Florida | Date Filed: 2010-12-10

Citation: 50 So. 3d 691, 2010 Fla. App. LEXIS 18944, 2010 WL 5017323

Snippet: procedures provided in this section and ss. 45.0315-45.035 may be followed as an alternative to any other

Cox v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-04-20

Citation: 912 So. 2d 15, 2005 Fla. App. LEXIS 5483

Snippet: sentencing range of 326.5 to 544.2 months (27.2 to 45.35 years). After the supreme court issued Heggs v.

Western Union Telegraph Co. v. Barlow

Court: Supreme Court of Florida | Date Filed: 1906-01-15

Citation: 51 Fla. 351

Snippet: Rep. 171; Cline v. Tampa Water Works Co., 46 Fla. 45, 35 South. Rep. 8, and cases cited; Muller v. Ocala