Florida SB 300: Alternative Judicial Sales Procedures

Bill Text

300 
Alternative Judicial Sales Procedures 
2025-10-28T06:50:15Z 
Requiring the court to direct the clerk of an alternative auctioneer to sell real or personal property under an order or final judgment at public sale; prohibiting the court in a foreclosure action from approving a request from a party to substantially deviate from specified judicial sales procedures unless certain conditions are met; requiring the clerk to conduct a sale according to specified provisions under specified circumstances; requiring the court to set forth in writing any deviation authorized in the final judgment of foreclosure or other order, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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