320.411 Officer’s sale of property or franchise. - Florida Statutes

320.411 Officer’s sale of property or franchise.

   (1) No sheriff, receiver, assignee, general or special magistrate, or other officer shall sell the property or franchise of any motor carrier for failure to pay taxes, penalties, or interest without first filing with the department a statement containing the following information:

   (a) The name of the plaintiff or party at whose instance or upon whose account the sale is made.

   (b) The name of the motor carrier whose property or franchise is to be sold.

   (c) The time and place of sale.

   (d) The nature of the property and the location of the same.

   (2) The department, after receiving notice as provided in subsection (1), shall furnish to the sheriff, receiver, trustee, assignee, general or special magistrate, or other officer having charge of the sale a certified copy of all taxes, penalties, and interest on file in the office of the department as liens against such motor carrier and, in the event there are no such liens, a certificate showing that fact, which certified copy or copies of certificate shall be publicly read by such officer at and immediately before the sale of the property or franchise of such motor carrier.

History. s. 37, ch. 87-198; s. 75, ch. 2004-11.