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.