This bill amends section 45.031 of the Florida Statutes and creates a new section, 45.0311, to establish alternative judicial sales procedures for real or personal property sold under court orders or final judgments. The bill mandates that the court direct the clerk or an authorized alternative auctioneer to conduct the sale at public auction, specifying that the sale must occur between 20 to 35 days after the judgment. It also introduces requirements for parties requesting deviations from standard judicial sales procedures, including the necessity for a separate motion and written consent from the plaintiff if the requester is not the owner of record. The court is prohibited from approving substantial deviations unless certain conditions are met, and any authorized deviations must be documented in writing.

Additionally, the bill outlines the qualifications and responsibilities of alternative auctioneers, emphasizing the need for transparency and independence to prevent fraud and ensure fair bidding processes. It specifies that auctioneers must be licensed, insured, and not related to any parties involved in the action. The bill also maintains that clerks remain responsible for filing necessary documents and handling proceeds from the sale. A person harmed by violations of these provisions is granted a cause of action for damages. The act is set to take effect on July 1, 2026.

Statutes affected:
S 300 Filed: 45.031