No. CS/CS/SB 532
Filed under Legal.
Clerks of the Court; Authorizing the cumulative excess of funds to be used in the development of the total combined budgets of the clerks of the court; requiring that a court use certain sale procedures in a foreclosure action; providing that only a clerk of court may conduct a foreclosure sale, etc.
Plain English Summary
AI-GENERATEDForeclosure sales of real property must now follow the judicial sale procedure spelled out in Chapter 45, rather than that procedure being optional. The clerk of court, specifically, is named as the one who conducts the public auction.
The Department of Revenue no longer sweeps half of the Clerks of Court Trust Fund's surplus into the state's General Revenue Fund each year. The full surplus can instead go toward clerks' combined operating budgets.
Because that surplus is no longer split, the 10 percent reserve requirement now applies to the whole amount, and the same full figure feeds the formulas used to set the statewide and individual clerk budgets.
AIDeletes the requirement that the Department of Revenue transfer half of the Clerks of Court Trust Fund's yearly cumulative excess to the state's General Revenue Fund. The full cumulative excess may now go toward the clerks' combined budgets instead of only the retained half.
AIFor a sale of real property tied to a foreclosure action, using the judicial sale procedure in this section and ss. 45.0315-45.035 is no longer optional. For any other court-ordered sale, the same procedure remains available only if the court so orders.
AIAdds 'by the clerk of court' to the description of who runs the judicial sale's public auction. The statute previously said only that the sale shall be conducted at public auction, without naming who carries it out.
AIReplaces the 'balance of funds remaining ... after the transfer ... to the General Revenue Fund' with simply the 'cumulative excess' everywhere clerk budgets are calculated. The full amount, not the post-sweep remainder, now counts toward the corporation's total combined budget and each clerk's individual allocation.