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Florida Civil Practice And Procedure Code Section 45.035 - Civil Procedure: General Provisions - Clerk's fees.

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Title VI   CIVIL PRACTICE AND PROCEDURE

Chapter 45   CIVIL PROCEDURE: GENERAL PROVISIONS

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.

(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 $25 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 $10 for notifying a surplus trustee of his or her appointment.

(c)  The clerk is entitled to a service charge of $10 for each disbursement of surplus proceeds.

(d)  The clerk is entitled to a service charge of $10 for appointing a surplus trustee, furnishing the surplus trustee with a copy of the final judgment and the certificate of disbursements, and disbursing to the surplus trustee the trustee's cost advance.

History.--s. 5, ch. 2006-175.

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Last modified: November 21, 2006