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Florida Senate
-
2026
SB 300
By
Senator Garcia
36-00632-26 2026300__
1 A bill to be entitled
2 An act relating to alternative judicial sales
3 procedures; amending s. 45.031, F.S.; requiring the
4 court to direct the clerk of an alternative auctioneer
5 to sell real or personal property under an order or
6 final judgment at public sale; creating s. 45.0311,
7 F.S.; providing legislative findings; defining the
8 term “relative”; prohibiting the court in a
9 foreclosure action from approving a request from a
10 party to substantially deviate from specified judicial
11 sales procedures unless certain conditions are met;
12 requiring a party requesting an alternative judicial
13 sales procedure to make such request clearly and in a
14 separate motion; specifying requirements for such
15 motion; prohibiting the court from hearing such
16 motions under a specified condition; authorizing
17 specified parties to object to the requested deviation
18 within a specified timeframe; requiring the clerk to
19 conduct a sale according to specified provisions under
20 specified circumstances; requiring the court to set
21 forth in writing any deviation authorized in the final
22 judgment of foreclosure or other order; requiring a
23 trial court to adhere to specified requirements in an
24 alternative sale; providing that clerks remain
25 responsible for specified actions; requiring the clerk
26 to receive a certain service charge; requiring that a
27 request to authorize someone other than the clerk or
28 the sheriff to conduct a sale be clearly stated in the
29 motion requesting deviation; requiring the party
30 making such request to identify an alternative
31 auctioneer; specifying requirements for an alternative
32 auctioneer; providing that a person willfully harmed
33 by a certain violation has a cause of action for
34 damages; providing an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Paragraph (a) of subsection (1) of section
39 45.031, Florida Statutes, is amended to read:
40 45.031 Judicial sales procedure.—In any sale of real or
41 personal property under an order or judgment, the procedures
42 provided in this section and ss. 45.0315-45.035 may be followed
43 as an alternative to any other sale procedure if so ordered by
44 the court.
45 (1) FINAL JUDGMENT.—
46 (a) In the order or final judgment, the court shall direct
47 the clerk
or the alternative auctioneer authorized under s.
48
45.0311
to sell the property at public sale on a specified day
49 that
may not
shall
be
not
less than 20 days or more than 35 days
50 after the date thereof, on terms and conditions specified in the
51 order or judgment. A sale may be held more than 35 days after
52 the date of final judgment or order if the plaintiff or
53 plaintiff’s attorney consents to such time. The final judgment
54
must
shall
contain the following statement in conspicuous type:
55
56 IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY
57 BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF
58 PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE
59 PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
60
61 IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT
62 TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST
63 FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE
64 THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU
65 FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED
66 TO ANY REMAINING FUNDS.
67
68 Section 2. Section 45.0311, Florida Statutes, is created to
69 read:
70
45.0311 Mandatory requirements for judicial foreclosure
71
sales.—
72
(1)
The Legislature finds that a deviation from the
73
judicial sales procedures under s. 45.031 may be beneficial in
74
certain foreclosure proceedings due to the nature of the real or
75
personal property being sold under an order or a final judgment
76
in order to maximize the potential sales proceeds, including the
77
net proceeds thereof, for the benefit of all parties. The
78
Legislature further finds that transparency is necessary for all
79
alternative judicial sales procedures to prevent overreach by
80
any party, to avoid fraud, and to maximize the sales price while
81
minimizing expenses and delays. The Legislature further finds
82
that a person who facilitates alternative sales or handles
83
deposits or sales proceeds, including surplus proceeds, must be
84
qualified, independent, and not related to any party or an
85
attorney for a party and must be subject to this section and the
86
jurisdiction of the court.
87
(2)
As used in this section, the term “relative” means an
88
individual related to another as father, mother, son, daughter,
89
brother, sister, uncle, aunt, first cousin, nephew, niece,
90
husband, wife, father-in-law, mother-in-law, son-in-law,
91
daughter-in-law, brother-in-law, sister-in-law, stepfather,
92
stepmother, stepson, stepdaughter, stepbrother, stepsister, half
93
brother, or half sister.
94
(3)
In a foreclosure action, the court may not approve a
95
request from a party to deviate substantially from the judicial
96
sales procedures of s. 45.031, except as provided in this
97
section.
98
(4)
A party requesting a deviation must request the relief
99
clearly in a separate motion. If the party requesting the
100
deviation is not the owner of record or the plaintiff, he or she
101
must attach to the motion a separate written consent to the
102
deviation from the plaintiff. The written consent from the
103
plaintiff required by this subsection must be notarized or
104
verified,
be
contemporaneous to the motion requesting a
105
deviation, and reference the motion in the consent. The court
106
may not hear a motion requesting a deviation which lacks the
107
written consent required by this subsection. If the party
108
requesting the deviation is the plaintiff, the owner of record
109
may object within 10 days after the court’s approval of an
110
alternative sale and the clerk must be appointed to conduct the
111
sale in accordance with s. 45.031. If the party requesting the
112
deviation is the owner of record, the plaintiff may object
113
within 10 days after the court’s approval of an alternative sale
114
and the clerk must be appointed to conduct the sale in
115
accordance with s. 45.031. Any deviation authorized by the court
116
must be set forth in writing in the final judgment of
117
foreclosure or other order.
118
(5)
A trial court ordering an alternative sale in
119
accordance with this section shall adhere to all of the
120
following requirements:
121
(a)
Only one set of bidding procedures may apply to a sale
122
of real or personal property. Each bidder must follow the same
123
procedures and receive the same information relating to the
124
sale. Preferences or advantages may not be given to any party,
125
person, or bidder.
126
(b) The publication of the notice of sale must meet or
127
exceed the requirements of s. 45.031(2).
128
(c)
Credit bid rights must be limited to the amount owed to
129
the plaintiff as provided in the order or final judgment that
130
determined such amount. Any bid by the plaintiff in excess of
131
the amount awarded to the plaintiff in the order or final
132
judgment must be paid in cash.
133
(d)
The highest bidder, inclusive of both a credit bid and
134
a cash bid, wins the bid. The deadline for payment of the
135
winning bid may not exceed 5 business days.
136
(e)
An in-person auction must be conducted in a place that
137
is open to the general public at the time of the auction and
138
that is reasonably accessible and may not be conducted outside
139
of the county where the foreclosure action is pending.
140
(f)
An electronic sale by an alternative auctioneer must be
141
conducted in accordance with s. 45.031(10) and meet the
142
following requirements:
143
1.
Any person seeking to bid electronically online must
144
register. To register, a person must provide information
145
relevant for the auction to properly identify the bidder,
146
contact the bidder, and complete the sale of the property as
147
determined by the alternative auctioneer. If the person
148
registering to bid is an individual, the information required
149
must include at least the individual’s name, e-mail address, and
150
telephone number. If the person registering to bid is an entity,
151
the information required must include the entity’s legal name,
152
the name of an individual who serves as the contact person for
153
the entity
,
and his or her e-mail address and telephone number.
154
2.
The identity of each online bidder must be verified by
155
the alternative auctioneer before a bid may be placed online.
156
The identification verification process may include verification
157
through a government-issued identification card, biometric
158
identification, or another method of verification as determined
159
by the judge or alternative auctioneer. If the bidder’s identity
160
cannot be verified, the bidder
may not participate
in the online
161
sale.
162
3.
The purchaser at sale must submit all of the following
163
information to the alternative auctioneer before the sale is
164
finalized:
165
a.
Any information required by the alternative auctioneer
,
166
to be checked against the Office of Foreign Assets Control of
167
the United States Department of the Treasury sanction list
168
before finalizing the purchase of the property. The alternative
169
auctioneer shall check the winning purchaser against the
170
sanction list before an order approving such sale may be
171
entered.
172
b.
If the purchaser is an individual, the individual’s
173
name, physical mailing address, e-mail
address
, and any other
174
information requested by the alternative auctioneer in order to
175
adequately identify and contact the purchaser.
176
c.
If the purchaser is an entity, the entity’s legal name,
177
trade name if different from its legal name, state and date of
178
formation, mailing address, proof of business registration with
179
the Department of State, the name of an individual contact
180
person for the entity, and his or her e-mail address and
181
telephone number.
182
(g)
Any person holding funds must have insurance or post
183
sufficient bond to protect the interests of the parties.
184
(h) Costs, fees, and service charges that are payable to
185
the clerk of the court may not be waived.
186
(i)
The 10-day period to object to the sale as provided in
187
s. 45.031(5), and the confirmation of the sale as provided in s.
188
45.031(6), may not be altered.
189
(j)
The requirements related to a foreclosure surplus in
190
ss. 45.031(1), 45.032, 45.033, and 45.035(2) may not be waived.
191
(k)
The clerk in the county in which the action is pending
192
remains responsible for filing the certificate of sale in
193
accordance with s. 45.031(4), the certificate of title in
194
accordance with s. 45.031(5),
and
the disbursement of proceeds
195
in accordance with s. 45.031(7)
and
for
handling surplus funds
196
in accordance with ss. 45.032 and 45.033. The clerk shall
197
receive the allowable service charge as imposed in s. 45.035 for
198
recording, certifying the sale, and handling proceeds that must
199
be assessed as costs.
200
(6)
If a party requests that the court authorize someone
201
other than the clerk of the court or the sheriff to conduct the
202
sale, the request must be clearly stated in the motion
203
requesting deviation. The party requesting deviation must
204
identify an alternative auctioneer to oversee the sale. An
205
alternative auctioneer shall:
206
(a)
Be licensed either as an auctioneer under part IV of
207
chapter 468, or a real estate broker or brokerage licensed under
208
chapter 475 and be in good standing for the preceding 5 years.
209
(b)
Have insurance or post a bond filed with and payable to
210
the clerk of court to protect the interests of the parties. The
211
court shall set the amount of the bond as the approximate value
212
of the property to be sold. An attorney in the action may not be
213
the auctioneer. The auctioneer must recuse himself or herself if
214
a business partner or relative within the third degree of
215
consanguinity registers or attempts to bid.
216
(c)
Be an independent third party and may not be:
217
1.
A party to the action, an attorney representing a party
218
to
the action, or an employee of a party or the attorney of a
219
party
to
the action.
220
2.
A relative of a party to the action
;
an employee, an
221
officer, a director, an affiliate, or a subsidiary thereof
;
or a
222
relative, an employee, an officer, a director, or an affiliate
223
or associate of an attorney representing a party
to
the action.
224
3.
In any financial relationship to the action, to the real
225
or personal property being sold, or to a party, attorney, or
226
relative other than the payment of the fees for providing the
227
sale services.
228
(
d
)
Require a deposit and final payment from the successful
229
high bidder in accordance with s. 45.031(3).
230
(
e
)
Provide the required sale information and results to
231
the clerk in the county in which the action is pending no later
232
than 2 business days after the conclusion of the sale so that
233
the clerk may file the certificate of sale in accordance with s.
234
45.031(4).
235
(
f
)
Provide the clerk in the county in which the action is
236
pending the required sale information so that the clerk may file
237
and record the certificate of title in accordance with s.
238
45.031(5) and (6).
239
(
g
)
Timely provide the proceeds of the sale to the clerk in
240
the county in which the action is pending so the clerk may
241
disburse the proceeds in accordance with s. 45.031(7).
242
(
h
)
Verify information as required by subparagraph (5)(f)2.
243
for an online sale.
244
(7)
A person harmed by a willful violation of this section
245
has a cause of action for damages resulting from the violation.
246 Section 3. This act shall take effect July 1, 2026.