Florida Statute 45.035 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS

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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.

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Amendments to 45.035

Annotations, Discussions, Cases:

Cases Citing Statute 45.035

Total Results: 4

Redus Florida Commercial, LLC v. College Station Retail Center, LLC

777 F.3d 1187, 2014 U.S. App. LEXIS 23975, 2014 WL 7210784

Court of Appeals for the Eleventh Circuit | Filed: Dec 19, 2014 | Docket: 2617337

Cited 5 times | Published

for the same service, see Fla. Stat. § 45.035(1), and $49,900 more than the USMS had charged

Vargas v. Deutsche Bank National Trust Co.

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

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227350

Cited 1 times | Published

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

Michael Crist v. State of Florida

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 69533864

Published

Stat. Ann. § 8-1325a(b) (2006); Miss. Code Ann. § 45-35-3(2) (West 2020); Okla. Stat. tit. 47, § 6-111

Redus Florida Commercial, LLC v. College Station Retail Center, LLC

Court of Appeals for the Eleventh Circuit | Filed: Dec 19, 2014 | Docket: 2900745

Published

state clerk for the same service, see Fla. Stat. § 45.035(1), and $49,900 more than the USMS had charged

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.