Did Florida's 2008 electronic-sale law let clerks charge an extra $60 on top of the existing judicial-sale fee?

Plain-English summary

The Attorney General's office declined to formally decide whether a clerk of court could collect an additional $60 for conducting an electronic judicial sale because the request came from someone other than the official whose authority was questioned.

Informally, the letter traced the bill's changes. Earlier versions proposed a higher or additional electronic-sale charge, while the final language directed the clerk to receive a $60 service charge as provided in subsection (1).

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical audience context

Clerks and court administrators

The letter did not give a binding interpretation of the clerk's fee authority. Its informal reading emphasized the evolution from an additional charge to the same $60 charge stated in the final bill.

Foreclosure plaintiffs and bidders

The statute placed the electronic-sale service charge among costs advanced by the plaintiff and separately addressed the treatment of bid deposits.

Common questions

Q: Did the AG formally approve an extra $60 fee?
A: No. The office declined a formal opinion.

Q: What did the legislative history suggest?
A: The letter said the bill evolved away from an additional amount and toward the same $60 fee provided in subsection (1).

Background and statutory framework

Chapter 2008-194 added section 45.035(3), Florida Statutes. The letter compared the original bill, a committee substitute, and the final amendment concerning electronic judicial sales under s. 45.031(10).

Citations and references

• section 45.035(3), Florida Statutes
• s. 45.031(10)
• s. 28.24(10)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/clerks-of-court-fee-for-electronic-sale
• Official print view: https://www.myfloridalegal.com/print/pdf/node/8252

Original opinion text

The Honorable Marcelo Llorente

Representative, District 116

13701 Southwest 88th Street

Suite 201

Miami, Florida 33186

Dear Representative Llorente:

You have asked whether an amendment to section 45.035(3), Florida Statutes, allows the clerk of court to collect an additional $60.00 if conducting an electronic sale. Regrettably, while this office may not comment upon the authority of a public official at the request of someone other than the official whose powers are questioned, the following general observations are offered.

During the 2008 Legislative Session, section 45.035(3), Florida Statutes, was added by Chapter 2008-194, Laws of Florida (CS/HB 773). As originally filed, House Bill 773 amended subsection (1) of section 45.035, Florida Statutes, by inserting the underlined language:

"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:

(1) The clerk shall receive a service charge of $60 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; however, if the sale is to be conducted by electronic means as authorized in s. 45.031(10), the fee shall be $100."

A committee substitute for House Bill 773 addressed the situation by adding a new subsection (3) to section 45.035, as follows:

"(3) If the sale is conducted by electronic means, as provided in s. 45.031(10), the clerk shall receive an additional service charge of $40 for services in conducting or contracting for the electronic sale, which service charge shall be assessed as costs and shall be advanced by the plaintiff before the sale. 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)."

This language was subsequently stricken by an amendment,[1] inserting the language which was contained in the final bill:

"(3) If the sale is conducted by electronic means, as provided in s. 45.031(10), the clerk shall receive a service charge of $60 as provided in subsection (1) for services in conducting or contracting for the electronic sale, which service charge shall be assessed as costs and shall be advanced by the plaintiff before the sale. 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. 15 45.031(3) shall, upon acceptance of the winning bid, be subject to the fee under s. 28.24(10)."

There was an apparent evolution from initially charging an additional amount for conducting an electronic sale ($40, as reflected in the original $100 charge and subsequently indicated as an additional charge to the $60), to charging the same fee as provided in subsection (1), i.e. $60. The audio recordings of the meeting at which the final amendment to the bill were adopted have not been reviewed by this office. You may wish to listen to the recording for more information.

I trust that these informal comments will be of assistance to you.

Sincerely,

Lagran Saunders

Assistant Attorney General

ALS/tsh

________________

[1] Amendment 283225 to CS/HB 773 by Rep. Dorworth, April 24, 2008, 4:58 p.m.