The bill amends section 45.031 of the Florida Statutes to require courts to direct either the clerk or an authorized alternative auctioneer to sell real or personal property at public sale under an order or final judgment. It introduces a new section, 45.0311, which outlines mandatory requirements for judicial foreclosure sales. The bill emphasizes the need for transparency and fairness in alternative judicial sales procedures, prohibiting substantial deviations from established procedures unless specific conditions are met. It mandates that any request for deviation must be clearly stated in a separate motion, and if the request is not made by the owner of record or the plaintiff, it must include notarized consent from the plaintiff.

Additionally, the bill specifies the qualifications for alternative auctioneers, requiring them to be independent and not related to any party involved in the action. It sets forth various requirements for conducting sales, including the need for equal bidding procedures, proper notice publication, and verification of bidders' identities. The bill also maintains that clerks remain responsible for filing necessary documents and handling proceeds, while establishing that individuals harmed by violations of these provisions have a cause of action for damages. The act is set to take effect on July 1, 2026.

Statutes affected:
S 300 Filed: 45.031