Florida Senate - 2025 CS for CS for SB 48 By the Appropriations Committee on Criminal and Civil Justice; the Committee on Judiciary; and Senator Garcia 604-02918-25 202548c2 1 A bill to be entitled 2 An act relating to foreclosure procedures; creating s. 3 45.0311, F.S.; specifying mandatory requirements for 4 foreclosure sales; providing legislative intent; 5 requiring that a request to deviate from certain 6 procedures be in a separate pleading; requiring courts 7 to set forth any deviations in writing in the final 8 judgement of foreclosure or other order; listing 9 procedures that may be waived; providing requirements 10 for an alternative auctioneer; creating a cause of 11 action; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 45.0311, Florida Statutes, is created to 16 read: 17 45.0311 Mandatory requirements for judicial sales.— 18 (1) The court may not approve a request from a party to 19 substantially deviate from the judicial sales procedures of s. 20 45.031, except as provided in this section. 21 (2) The Legislature finds that a deviation from the 22 judicial sales procedures under s. 45.031 may be beneficial in 23 certain proceedings due to the nature of the real or personal 24 property to be sold under an order or a judgment to maximize the 25 potential sales proceeds, including the net proceeds thereof, 26 for the benefit of all parties. Transparency is necessary for 27 all alternative procedures to prevent overreach by any party, 28 avoid fraud, and maximize the sales price while minimizing 29 expenses and delays. A person who facilitates alternative sales 30 or handles deposits or sales proceeds, including surplus 31 proceeds, must be qualified, independent, and not related to any 32 party or an attorney for a party and must be subject to the 33 provisions of this section and the jurisdiction of the court. 34 (3) A party requesting a deviation must request the relief 35 clearly and in a separate pleading. Any deviation authorized by 36 the court must be set forth in writing in the final judgment of 37 foreclosure or other order. 38 (4) A trial court may not alter any of the following 39 requirements for a judicial sale: 40 (a) Only one set of bidding procedures may apply to a sale. 41 Each bidder must follow the same procedures and receive the same 42 information relating to the sale of the real or personal 43 property. Preferences or advantages may not be given to any 44 party, person, or bidder. 45 (b) The publication of the notice of sale must meet or 46 exceed the requirements of s. 45.031(2). 47 (c) Credit bid rights must be limited to the amount owed to 48 the creditor or lienholder as provided in the order or final 49 judgment that determined such amount. Any overbid amount must be 50 paid in cash. 51 (d) The highest cash bidder must win the bid. The deadline 52 for payment of the winning bid may not exceed 5 business days. 53 (e) An in-person auction may not be conducted outside of 54 the county of foreclosure. 55 (f) Costs, fees, and service charges that are payable to 56 the clerk of the court may not be waived. 57 (g) The 10-day period to object to the sale as provided in 58 s. 45.031(5), and the confirmation of the sale as provided in s. 59 45.031(6), may not be altered. 60 (h) The requirements related to a foreclosure surplus in 61 ss. 45.031(1), 45.032, 45.033, and 45.035(2) may not be waived. 62 (5) If the party requests that the court authorize someone 63 other than the clerk of the court or the sheriff to conduct the 64 sale, the request must be clear and the following requirements 65 apply: 66 (a) An alternative auctioneer must have insurance or post a 67 bond filed with and payable to the clerk of court to protect the 68 interests of the parties. The court shall set the amount of the 69 bond as the approximate the value of the property to be sold. An 70 attorney in the action may not be the auctioneer. The auctioneer 71 must recuse himself or herself if a business partner or relative 72 within the third degree consanguinity registers or attempts to 73 bid. 74 (b) Any person holding funds must have insurance or post 75 sufficient bond to protect the interests of the parties. 76 (c) An in-person auction must be conducted in a place that 77 is open to the general public at the time of the auction and 78 that is reasonably accessible. 79 (6) A person harmed by violation of this section has a 80 cause of action for damages resulting from the violation. 81 Section 2. This act shall take effect July 1, 2025.