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.