Florida Statutes
Fla. Stat. § 45.035 (2025)
Clerk’s fees.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3
cases, 2012–2014 · leading case: Redus Florida Com., LLC v. Coll. Station Retail Ctr., LLC, 777 F.3d 1187 (11th Cir. 2014).
Redus Florida Com., LLC v. Coll. Station Retail Ctr., LLC, 777 F.3d 1187 (11th Cir. 2014). “Believing that the application of the USMS’s interpretation of “collected” would result in a commission of ,000 — an amount ,930 in excess of what Redus would pay the Florida state clerk for the same service, see Fla. Stat. § 45.035 (1), and ,900 more than the USMS had…”
Vargas v. Deutsche Bank Nat'l Trust Co., 104 So. 3d 1156 (Fla. 3d DCA 2012). “(2012) (governing qualifications and appointment of a surplus trustee in foreclosure actions); § 45.035, Fla. Stat. (2012) (governing clerk’s fees in judicial sales).”
Redus Florida Com., LLC v. Coll. Station Retail Ctr., LLC (11th Cir. 2014). “Fla. Stat. § 45.035 (2014). In a federal diversity action, the USMS seeks to potentially charge over ,000 for the same service.”
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