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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to judicial sales procedures; amending 2
s. 45.031, F.S.; specifying that courts must follow 3
certain provisions when ordering the sale of real or 4
personal property unless the use of other specified 5
procedures is ordered; creating s. 45.0311, F.S.; 6
providing a short title; prohibiting a court from 7
allowing the use of bidding credits or certain other 8
offsets in specified judicial sales or foreclosure 9
sales; requiring the winning bidder to remit the full 10
purchase price within a specified timefram e; requiring 11
that the sale be voided and the property reauctioned 12
under certain circumstances; prohibiting specified 13
persons and entities from bidding on properties in 14
certain sales; requiring that a property be 15
reauctioned if the property does not sell fo r a 16
specified percentage of the recent assessed property 17
value; requiring that specified sales be held at 18
locations that are open and available to the public; 19
providing construction; prohibiting the courts from 20
allowing certain sales of property unless spe cified 21
rules and provisions are followed; prohibiting the 22
courts from issuing certain orders for the judicial 23
sale or foreclosure sale of property; providing that 24
specified sales of property are void and the property 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
must be reauctioned if certain conditio ns are met; 26
creating s. 45.036, F.S.; authorizing courts to order 27
an alternate judicial sales procedure under specified 28
conditions; requiring that such procedure follow 29
specified notice provisions; requiring that the person 30
conducting a sale hold a specifi ed license unless he 31
or she is a clerk of the court; prohibiting parties to 32
the sale action and their attorneys from conducting 33
such sale; prohibiting the person conducting the sale 34
from directly or indirectly bidding on the property or 35
profiting from the sale, except for receiving a 36
certain fee; prohibiting an alternate judicial sales 37
procedure from authorizing specified preferences or 38
advantages; requiring that funds be held in an escrow 39
or trust account unless the clerk of the court holds 40
those funds; authorizing the court to audit such 41
accounts and issue certain orders; providing that the 42
clerk of the court is entitled to a specified service 43
charge; prohibiting the court from waiving such 44
charge; requiring the person who conducted the sale to 45
file a specified certificate of sale and provide 46
service of such certificate to specified parties; 47
requiring the clerk of the court to file a specified 48
certificate of title and provide service of such 49
certificate to specified parties; prohibiting courts 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
from waiving requirements related to a foreclosure 51
surplus; requiring certain persons to file a specified 52
certificate of disbursement; providing an effective 53
date. 54
55
Be It Enacted by the Legislature of the State of Florida: 56
57
Section 1. Section 45.031, Florida St atutes, is amended to 58
read: 59
45.031 Judicial sales procedure. —In any sale of real or 60
personal property under an order or judgment, the procedures 61
provided in this section and ss. 45.0315 -45.035 must may be 62
followed unless the court orders use of the alter nate judicial 63
sales procedure in s. 45.036 or other procedures expressly 64
provided by law as an alternative to any other sale procedure if 65
so ordered by the court . 66
(1) FINAL JUDGMENT. — 67
(a) In the order or final judgment, the court shall direct 68
the clerk to sell the property at public sale on a specified day 69
that shall be not less than 20 days or more than 35 days after 70
the date thereof, on terms and conditions specified in the order 71
or judgment. A sale may be held more than 35 days after the date 72
of final judgment or order if the plaintiff or plaintiff's 73
attorney consents to such time. The final judgment shall contain 74
the following statement in conspicuous type: 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
76
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE 77
ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE 78
ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS 79
FINAL JUDGMENT. 80
81
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS 82
REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE 83
CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS 84
UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE 85
ENTITLED TO ANY REMAINING FUNDS. 86
(b) If the property being foreclosed on has qualified for 87
the homestead tax exemption in the most recent approved tax 88
roll, the final judgment shall additionally contain the 89
following statement in conspicuous type: 90
91
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS 92
YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER 93
REPRESENTATION AND YOU DO NOT HAVE TO A SSIGN YOUR RIGHTS TO 94
ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE 95
ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, ...(INSERT 96
INFORMATION FOR APPLICABLE COURT)... WITHIN TEN (10) DAYS AFTER 97
THE SALE TO SEE IF THERE IS ADDITIONAL MONE Y FROM THE 98
FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE 99
COURT. 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
101
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU 102
CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL 103
PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN 104
ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, 105
TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT 106
YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR 107
PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO 108
PAY AN ATTORNEY, YOU MAY CONTACT ...(INSERT LOCAL OR NEAREST 109
LEGAL AID OFFICE AND TELEPHONE NUMBER)... TO SEE IF YOU QUALIFY 110
FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY 111
MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR 112
SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT ...(NAME OF 113
LOCAL OR NEAREST LEGAL AID OFFICE)... FOR ASSISTANCE, YOU SHOULD 114
DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. 115
(c) A copy of the final judgment shall be furnished by the 116
clerk by first-class mail to the last known address of every 117
party to the action or to the attorney of record for such party. 118
Any irregularity in such mailing, including the failure to 119
include this statement in any final judgment or order, shall not 120
affect the validity or finality of the final judgment or order 121
or any sale held pursuant to the final judgment or order. Any 122
sale held more than 35 days after the final judgment or order 123
shall not affect the validity or finality of the final judgment 124
or order or any sale h eld pursuant to such judgment or order. 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) PUBLICATION OF SALE. —Notice of sale shall be published 126
on a publicly accessible website as provided in s. 50.0311 for 127
at least 2 consecutive weeks before the sale or once a week for 128
2 consecutive weeks in a new spaper of general circulation, as 129
provided in chapter 50, published in the county where the sale 130
is to be held. The second publication by newspaper shall be at 131
least 5 days before the sale. The notice shall contain: 132
(a) A description of the property to b e sold. 133
(b) The time and place of sale. 134
(c) A statement that the sale will be made pursuant to the 135
order or final judgment. 136
(d) The caption of the action. 137
(e) The name of the clerk making the sale. 138
(f) A statement that any person claiming an inte rest in 139
the surplus from the sale, if any, other than the property owner 140
as of the date of the lis pendens must file a claim before the 141
clerk reports the surplus as unclaimed. 142
143
The court, in its discretion, may enlarge the time of the sale. 144
Notice of the changed time of sale shall be published as 145
provided herein. 146
(3) CONDUCT OF SALE; DEPOSIT REQUIRED. —The sale shall be 147
conducted at public auction at the time and place set forth in 148
the final judgment. The clerk shall receive the service charge 149
imposed in s. 45.035 for services in making, recording, and 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certifying the sale and title that shall be assessed as costs. 151
At the time of the sale, the successful high bidder shall post 152
with the clerk a deposit equal to 5 percent of the final bid. 153
The deposit shall be applied to the sale price at the time of 154
payment. If final payment is not made within the prescribed 155
period, the clerk shall readvertise the sale as provided in this 156
section and pay all costs of the sale from the deposit. Any 157
remaining funds shall be appl ied toward the judgment. 158
(4) CERTIFICATION OF SALE. —After a sale of the property 159
the clerk shall promptly file a certificate of sale and serve a 160
copy of it on each party in substantially the following form: 161
162
(Caption of Action) 163
164
CERTIFICATE OF SALE 165
166
The undersigned clerk of the court certifies that notice of 167
public sale of the property described in the order or final 168
judgment was published in ...., a newspaper circulated in .... 169
County, Florida, in the manner shown by the proof of publication 170
attached, and on ...., ...(year)..., the property was offered 171
for public sale to the highest and best bidder for cash. The 172
highest and best bid received for the property in the amount of 173
$.... was submitted by ...., to whom the property was sold. The 174
proceeds of the sale are retained for distribution in accordance 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
with the order or final judgment or law. WITNESS my hand and the 176
seal of this court on ...., ...(year).... 177
...(Clerk)... 178
By ...(Deputy Clerk)... 179
180
(5) CERTIFICATE OF TITLE. —If no objections to the sale are 181
filed within 10 days after filing the certificate of sale, the 182
clerk shall file a certificate of title and serve a copy of it 183
on each party in substantially the following form: 184
185
(Caption of Action) 186
187
CERTIFICATE OF TITLE 188
189
The undersigned clerk of the court certifies that he or she 190
executed and filed a certificate of sale in this action on ...., 191
...(year)..., for the property described herein and that no 192
objections to the sale have been filed within the time allowed 193
for filing objections. 194
The following property in .... County, Florida: 195
(description) 196
was sold to ................................. 197
198
WITNESS my hand and the seal of the court on ...., ...(year).... 199
...(Clerk)... 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
By ...(Deputy Clerk)... 201
202
(6) CONFIRMATION; RECORDING. —When the certificate of title 203
is filed the sale shall stand confirmed, and title to the 204
property shall pass to the purchaser named in the certificate 205
without the necessity of any further proceedings or instruments. 206
The certificate of title shall be recorded by the clerk. 207
(7) DISBURSEMENTS OF PROCEEDS.— 208
(a) On filing a certificate of title, the clerk shall 209
disburse the proceeds of the sale in accordance with the order 210
or final judgment and shall file a report of such disbursements 211
and serve a copy of it on each party, and on the Depa rtment of 212
Revenue if the department was named as a defendant in the action 213
or if the Department of Commerce or the former Agency for 214
Workforce Innovation was named as a defendant while the 215
Department of Revenue was providing reemployment assistance tax 216
collection services under contract with the Department of 217
Commerce or the former Agency for Workforce Innovation through 218
an interagency agreement pursuant to s. 443.1316. 219
(b) The certificate of disbursements shall be in 220
substantially the following form: 221
222
(Caption of Action) 223
224
CERTIFICATE OF DISBURSEMENTS 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
226
The undersigned clerk of the court certifies that he or she 227
disbursed the proceeds received from the sale of the property as 228
provided in the order or final judgment to the persons and in 229
the amounts as follows: 230
Name Amount 231
232
Total disbursements: $.... 233
Surplus retained by clerk, if any: $.... 234
235
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER 236
THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE 237
DATE THAT THE CLERK REPORTS THE FUNDS AS U NCLAIMED. IF YOU FAIL 238
TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING 239
FUNDS. AFTER THE FUNDS ARE REPORTED AS UNCLAIMED, ONLY THE OWNER 240
OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE 241
SURPLUS. 242
243
WITNESS my hand and the seal of the court on ...., ...(year).... 244
...(Clerk)... 245
By ...(Deputy Clerk)... 246
247
(c) If no objections to the report are served within 10 248
days after it is filed, the disbursements by the clerk shall 249
stand approved as reported. If timely objections to the report 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
are served, they shall be heard by the court. Service of 251
objections to the report does not affect or cloud the title of 252
the purchaser of the property in any manner. 253
(d) If there are funds remaining after payment of all 254
disbursements required by the final judgment of foreclosure and 255
shown on the certificate of disbursements, the surplus shall be 256
distributed as provided in this section and ss. 45.0315 -45.035. 257
(8) VALUE OF PROPERTY. —The amount of the bid for the 258
property at the sale shall be conclusively presumed to b e 259
sufficient consideration for the sale. Any party may serve an 260
objection to the amount of the bid within 10 days after the 261
clerk files the certificate of sale. If timely objections to the 262
bid are served, the objections shall be heard by the court. 263
Service of objections to the amount of the bid does not affect 264
or cloud the title of the purchaser in any manner. If the case 265
is one in which a deficiency judgment may be sought and 266
application is made for a deficiency, the amount bid at the sale 267
may be considered by the court as one of the factors in 268
determining a deficiency under the usual equitable principles. 269
(9) EXECUTION SALES. —This section shall not apply to 270
property sold under executions. 271
(10) ELECTRONIC SALES. —The clerk may conduct the sale of 272
real or personal property under an order or judgment pursuant to 273
this section by electronic means. Such electronic sales shall 274
comply with the procedures provided in this chapter, except that 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
electronic proxy bidding shall be allowed and the clerk may 276
require bidders to advance sufficient funds to pay the deposit 277
required by subsection (3). The clerk shall provide access to 278
the electronic sale by computer terminals open to the public at 279
a designated location and shall accept an advance credit proxy 280
bid from the plaintiff of any amount up to the maximum allowable 281
credit bid of the plaintiff. A clerk who conducts such 282
electronic sales may receive electronic deposits and payments 283
related to the sale. 284
Section 2. Section 45.0311, Florida Statutes, is created 285
to read: 286
45.0311 Transparency in judicial sales and foreclosure 287
sales.— 288
(1) This section may be cited as the "Transparency in 289
Judicial Sales and Foreclosure Sales Act." 290
(2) Notwithstanding s. 45.031 or any other law to the 291
contrary: 292
(a) A court of compete nt jurisdiction presiding over a 293
judicial sale or other foreclosure sale conducted in this state 294
or pursuant to the laws of this state may not allow the use of 295
bidding credits or other offsets in excess of 10 percent of the 296
most recent assessed value of th e property, as determined by the 297
property appraiser in the county where the property is located. 298
(b) If the winning bidder of a judicial sale or other 299
foreclosure sale conducted in this state or pursuant to the laws 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of this state does not remit the full purchase price within 30 301
days after the sale, or cause the full purchase price to be 302
remitted to the seller within 30 days after the sale, the sale 303
is voided and the property must be reauctioned. 304
(c) If a judicial sale or other foreclosure sale conducted 305
in this state or pursuant to the laws of this state is 306
orchestrated or facilitated by an attorney, a parent, a child, a 307
brother, a sister, a grandparent, or a grandchild of that 308
attorney may not bid on the property. A current or former client 309
of such attorney may not bid on the property. For the purposes 310
of this paragraph, a legal entity wholly or predominantly owned 311
by a parent, a child, a brother, a sister, a grandparent, or a 312
grandchild of such attorney or a current or former client of 313
such attorney, may not bid on the property. 314
(d) If a property sold pursuant to a judicial sale or 315
other foreclosure sale conducted in this state or pursuant to 316
the laws of this state is not sold for at least 75 percent of 317
the most recent assessed value of the property, a s determined by 318
the property appraiser in the county where the property is 319
located, such property must be reauctioned. 320
(e) Any judicial sale or other foreclosure sale conducted 321
in this state or pursuant to the laws of this state must be held 322
at a location that is open and available to the public, and the 323
public must be provided reasonable notice of such sale. For the 324
purposes of this paragraph, an area of a building or property 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
which is normally accessible only by a security card, key card, 326
key fob, or other similar means is not open and available to the 327
public. 328
(f) A court of competent jurisdiction in this state may 329
not allow any judicial sale or other foreclosure sale to proceed 330
if such sale is conducted pursuant to rules that contradict this 331
section. A court may not issue an order allowing a property to 332
be sold by way of judicial sale or foreclosure sale which does 333
not comply with the requirements of this section. 334
(g) Any judicial sale or other foreclosure sale conducted 335
in this state or pursuant to the laws of this state in violation 336
of this section is void, upon a successful legal challenge, and 337
the property must be reauctioned pursuant to a valid judicial 338
sale. 339
Section 3. Section 45.036, Florida Statutes, is created to 340
read: 341
45.036 Alternate judicial sales procedure. —A court may 342
order the use of alternate judicial sales procedures in ss. 343
45.031-45.035 if the exceptions are consistent with the 344
requirements of this section and the goals of minimizing 345
expenses and delays, avoiding fraud, and maxi mizing the sale 346
price. 347
(1) ALTERNATE PUBLICATION OF SALE PROCEDURE. —Any 348
publication of sale procedure which is not fully consistent with 349
the publication of sale procedures specified in s. 45.031(2) 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
must require notice of all the information specified in that 351
subsection. 352
(2) SALES NOT CONDUCTED BY THE CLERK OF THE COURT. —If the 353
clerk of the court is not conducting the sale, the person 354
conducting the sale: 355
(a) Must be an auctioneer licensed under part VI of 356
chapter 468, a real estate broker licensed und er chapter 475, or 357
a member of The Florida Bar in good standing; 358
(b) May not be a party to the action or an attorney 359
representing a party in the action; and 360
(c) May not directly or indirectly bid on the property or 361
profit from the sale of the property by any means other than the 362
fee authorized by the court. 363
(3) PREFERENCES PROHIBITED. —An alternate judicial sales 364
procedure may not authorize any bidding preferences, credit 365
preferences, or other preference or advantage to any party or 366
bidder or other person seeking ownership of the property. 367
(4) POSSESSION OF DEPOSITS AND PAYMENTS. —If the bidder's 368
deposit, the bid amount, or any other funds paid by a bidder or 369
a party are not held by the clerk of the court, the funds must 370
be held in an escrow or trus t account pursuant to the laws and 371
rules regulating the license of the person conducting the sale 372
or held in an escrow account of the title insurance agent 373
regulated under part V of chapter 626. The court may audit any 374
such escrow or trust account and may enter an ex parte order at 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
any time requiring the immediate transfer of all related funds 376
to the clerk of the court. 377
(5) CERTIFICATION OF SALE. —After the sale of a property to 378
which this section applies: 379
(a) The clerk is entitled to the service charge in s. 380
45.035(1), which may not be waived by the court; and 381
(b) The clerk of the court or other person who conducted 382
the sale must promptly file a certificate of sale and serve a 383
copy on each party in substantially the following form: 384
385
(Caption of Action) 386
387
CERTIFICATE OF JUDICIAL SALE 388
389
The undersigned .... certifies that notice of public sale 390
of the property described in the order or final judgment was 391
furnished by ...., in the manner shown by the attached, and on 392
...., ...(year)..., the property was offe red for public sale to 393
the highest and best bidder for cash. The highest and best bid 394
received for the property in the amount of $.... was submitted 395
by ...., to whom the property was sold. The proceeds of the sale 396
are retained for distribution in accordanc e with the order or 397
final judgment or law. WITNESS my hand and the seal of this 398
court on ...., ...(year).... 399
...(...)... 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
By ...(....)... 401
402
(6) CERTIFICATE OF TITLE. —If property is sold under the 403
method authorized by this section and an objection to the sa le 404
is not filed within 10 days after filing the certificate of 405
sale, or such other time as authorized by the court, the clerk 406
must file a certificate of title and serve a copy of such title 407
on each party in substantially the following form: 408
409
(Caption of Action) 410
411
CERTIFICATE OF TITLE 412
413
The undersigned clerk of the court certifies that a 414
certificate of sale was filed in this action on ...., 415
...(year)..., for the property described herein and that no 416
objections to the sale have been filed within the time allowed 417
for filing objections. 418
The following property in .... County, Florida: 419
(description) 420
was sold to ................................. 421
422
WITNESS my hand and the seal of the court on ...., ...(year).... 423
...(Clerk)... 424
By ...(Deputy Clerk)... 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
426
(7) SURPLUS FUNDS.—The requirements related to a 427
foreclosure surplus as provided in ss. 45.031(1), 45.032, 428
45.033, and 45.035(2) may not be waived by the court. 429
(8) DISBURSEMENTS OF PROCEEDS. —If the clerk of the court 430
is not disbursing the proceeds of the sa le, the person who 431
conducted the sale, or a title company licensed under part V of 432
chapter 626, must file a certificate of disbursements in 433
substantially the same form as required by s. 45.031(7). 434
Section 4. This act shall take effect July 1, 2025. 435