SB 48 — Foreclosure Procedures

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 Section 1.

Section 45.031, Florida Statutes, is amended to read:

45.031 Judicial sales procedure.—In any sale of real or personal property under an order or a judgment, the procedures provided in this section and ss.

45.0315-45.035 must may be followed unless the court orders the use of alternate sales procedures under s.

45.0311 or s.

45.03112 as an alternative to any other sale procedure if so ordered by the court.

(1) FINAL JUDGMENT.— (a) In the order or final judgment, the court shall direct the clerk to sell the property at public sale on a specified day that is no shall be not less than 45 20 days or more than 60 35 days after the date thereof, on terms and conditions specified in the order or judgment.

A sale may be held more than 35 days after the date of final judgment or order if the plaintiff or plaintiff’s attorney consents to such time.

The final judgment must shall contain the following statement in conspicuous type:

IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.

IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED.

IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 89 (b) If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment must shall additionally contain the following statement in conspicuous type:

94 IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF.

YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED.

PLEASE CHECK WITH THE CLERK OF THE COURT, ...(INSERT INFORMATION FOR APPLICABLE COURT)...

WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.

IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION.

IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT ...(INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER)...

TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES.

IF THEY CANNOT ASSIST YOU, THEY Page 4 of 21 CODING:

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS.

IF YOU CHOOSE TO CONTACT ...(NAME OF LOCAL OR NEAREST LEGAL AID OFFICE)...

FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.

(c) A copy of the final judgment must shall be furnished by the clerk by first-class mail to the last known address of every party to the action or to the attorney of record for such party.

Any irregularity in such mailing, including the failure to include this statement in any final judgment or order, does shall not affect the validity or finality of the final judgment or order or any sale held pursuant to the final judgment or order.

Any sale held more than 60 35 days after the final judgment or order does shall not affect the validity or finality of the final judgment or order or any sale held pursuant to such judgment or order.

(2) PUBLICATION OF SALE.—Notice of sale must shall be published on a publicly accessible website as provided in s.

50.0311 for at least 2 consecutive weeks before the sale or once a week for 2 consecutive weeks in a newspaper of general circulation, as provided in chapter 50, published in the county where the sale is to be held.

The second publication by newspaper must shall be at least 5 days before the sale.

The notice must shall contain:

(a) A description of the property to be sold.

(b) The time and place of sale.

(c) A statement that the sale will be made pursuant to the order or final judgment.

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 (d) The caption of the action.

(e) The name of the clerk making the sale.

(f) A statement that any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim before the clerk reports the surplus as unclaimed.

The court may, in its discretion, extend may enlarge the time of the sale.

Notice of the changed time of sale must shall be published as provided herein.

(3) CONDUCT OF SALE;

DEPOSIT REQUIRED.—The sale must shall be conducted at public auction at the time and place set forth in the final judgment.

The clerk shall receive the service charge imposed in s.

45.035 for services in making, recording, and certifying the sale and title that must shall be assessed as costs.

At the time of the sale, the successful high bidder must shall post with the clerk a deposit equal to 5 percent of the final bid.

The deposit must shall be applied to the sale price at the time of payment.

If final payment is not made within the prescribed period, the clerk must shall readvertise the sale as provided in this section and pay all costs of the sale from the deposit.

Any remaining funds must shall be applied toward the judgment.

(4) CERTIFICATION OF SALE.—After a sale of the property the clerk shall promptly file a certificate of sale and serve a copy of it on each party in substantially the following form:

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 CERTIFICATE OF SALE The undersigned clerk of the court certifies that notice of public sale of the property described in the order or final judgment was published in ...., a newspaper circulated in ....

County, Florida, in the manner shown by the proof of publication attached, and on ...., ...(year)..., the property was offered for public sale to the highest and best bidder for cash.

The highest and best bid received for the property in the amount of $....

was submitted by ...., to whom the property was sold.

The proceeds of the sale are retained for distribution in accordance with the order or final judgment or law.

WITNESS my hand and the seal of this court on ...., ...(year)....

...(Clerk)...

By ...(Deputy Clerk)...

(5) CERTIFICATE OF TITLE.—If no objections to the sale are filed within 10 days after filing the certificate of sale, the clerk must shall file a certificate of title and serve a copy of it on each party in substantially the following form:

(Caption of Action) CERTIFICATE OF TITLE The undersigned clerk of the court certifies that he or she executed and filed a certificate of sale in this action on ...., ...(year)..., for the property described herein and that no objections to the sale have been filed within the time allowed Page 7 of 21 CODING:

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 for filing objections.

The following property in ....

County, Florida:

(description) was sold to .................................

WITNESS my hand and the seal of the court on ...., ...(year)....

...(Clerk)...

By ...(Deputy Clerk)...

(6) CONFIRMATION;

RECORDING.—When the certificate of title is filed the sale stands shall stand confirmed, and title to the property passes shall pass to the purchaser named in the certificate without the necessity of any further proceedings or instruments.

The certificate of title must shall be recorded by the clerk.

(7) DISBURSEMENTS OF PROCEEDS.— (a) On filing a certificate of title, the clerk shall disburse the proceeds of the sale in accordance with the order or final judgment and shall file a report of such disbursements and serve a copy of it on each party, and on the Department of Revenue if the department was named as a defendant in the action or if the Department of Commerce or the former Agency for Workforce Innovation was named as a defendant while the Department of Revenue was providing reemployment assistance tax collection services under contract with the Department of Commerce or the former Agency for Workforce Innovation through an interagency agreement pursuant to s.

443.1316.

(b) The certificate of disbursements must shall be in substantially the following form:

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 (Caption of Action) CERTIFICATE OF DISBURSEMENTS The undersigned clerk of the court certifies that he or she disbursed the proceeds received from the sale of the property as provided in the order or final judgment to the persons and in the amounts as follows:

Name Amount Total disbursements:

$....

Surplus retained by clerk, if any:

$....

IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED.

IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.

AFTER THE FUNDS ARE REPORTED AS UNCLAIMED, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.

WITNESS my hand and the seal of the court on ...., ...(year)....

...(Clerk)...

By ...(Deputy Clerk)...

(c) If no objections to the report are filed served within 10 days after the report it is filed, the disbursements by the clerk shall stand approved as reported.

If timely objections to Page 9 of 21 CODING:

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 the report are filed, the party who filed such objections must served, they shall be heard by the court.

Filing or service of objections to the report does not affect or cloud the title of the purchaser of the property in any manner.

(d) If any there are funds remain remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements, the surplus must shall be distributed as provided in this section and ss.

45.0315-45.035.

(8) VALUE OF PROPERTY.—The amount of the bid for the property at the sale is shall be conclusively presumed to be sufficient consideration for the sale.

Any party may file serve an objection to the amount of the bid within 10 days after the clerk files the certificate of sale.

If timely objections to the bid are filed, the party who filed such objections must served, the objections shall be heard by the court.

Filing or service of objections to the amount of the bid does not affect or cloud the title of the purchaser in any manner.

If the case is one in which a deficiency judgment may be sought and application is made for a deficiency, the amount bid at the sale may be considered by the court as one of the factors in determining a deficiency under the usual equitable principles.

(9) EXECUTION SALES.—This section does shall not apply to property sold under executions.

(10) ELECTRONIC SALES.—The clerk may conduct the sale of real or personal property under an order or judgment pursuant to this section by electronic means.

Such electronic sales must shall comply with the procedures provided in this chapter, except that electronic proxy bidding must shall be allowed and Page 10 of 21 CODING:

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 the clerk may require bidders to advance sufficient funds to pay the deposit required by subsection (3).

The clerk shall provide access to the electronic sale by computer terminals open to the public at a designated location and shall accept an advance credit proxy bid from the plaintiff of any amount up to the maximum allowable credit bid of the plaintiff.

A clerk who conducts such electronic sales may receive electronic deposits and payments related to the sale.

Section 2.

45.0311 MandatoryAlternative requirements for judicial sales.—sales procedures.— (1) TheSHORT courtTITLE.—The section may notbe approvecited aas requestthe from“Transparency ain partyAlternative toJudicial substantiallySales deviateProcedures fromAct.” the(2) judicialPURPOSE.—The salespurpose procedures of s.this section is to:

45.031,(a) exceptRecognize asthat providedalternatives into thisthe section.judicial sales procedures under s.

(2)45.031 Theare Legislaturebeneficial findsin thatcertain proceedings, due to the nature of the real or personal property to be sold under an order or a deviationjudgment, fromto maximize the judicialpotential sales proceduresproceeds, underincluding s.the net proceeds thereof, for the benefit of all parties, including the property owner.

45.031(b) mayRecognize bethat beneficialtransparency inis certainnecessary proceedingsfor dueall toalternative theprocedures nature of the real or personal property to beprevent soldoverreach underby anany orderparty, oravoid afraud, judgmentand to maximize the potential sales proceeds,price includingwhile theminimizing netexpenses proceedsand thereof,delays. for the benefit of all parties.

Transparency(c) isRecognize necessarythat forpersons allfacilitating alternative proceduressales toand preventhandling overreachdeposits byand anysales party,proceeds, avoidincluding fraud,surplus proceeds, must be qualified, independent, and maximizenot related to any party or the salesattorneys pricefor whilea minimizingparty expensesand must be subject to the provisions of this section and delays.the jurisdiction of the court.

A person who facilitates alternative sales Page 111 of 321 CODING:

Florida Senate - 2025 CS for CS for SB 48 604-02918-25590-01946-25 202548c2202548c1 or(3) handlesREQUEST depositsFOR orALTERNATIVE salesJUDICIAL proceeds,SALES includingPROCEDURES.—Any surplusparty, proceeds,including mustthe beproperty qualified,owner, independent,may andfile nota relatedmotion to any party or an attorney for athe partyuse andof mustalternative besales subjectprocedures toin the provisionscourt ofwhere this section and the jurisdictionaction ofis thepending. court.

(3)The Amotion partymust requestingcontain, at a deviationminimum, mustall requestof the relieffollowing: clearly and in a separate pleading.

Any(a) deviationA authorizeddescription byof the courtproperty mustto be setsold. forth in writing in the final judgment of foreclosure or other order.

(4)(b) A trialshort narrative addressing why the court mayshould notauthorize alteralternative anysales procedures for the sale of real or personal property and how such alternative sales procedures would maximize the followingsales requirementsprice, forincluding athe judicialnet sale:proceeds of the sale.

(a)(c) OnlyThe onerequested setsales ofprocedures, biddingincluding proceduresthe maymanner, applydate, totime, aplace, sale.method of sale, advertising, and manner of publication.

(d) An express statement of whether the sale will be conducted by the clerk of the circuit court or another person.

(e) An express statement of whether bids, deposits, and sales proceeds will be received and handled by the clerk of the circuit court or another person.

(f) For all persons to be employed under s.

43.0312 to conduct an aspect of the sale or to handle deposits or sales proceeds, including any surplus proceeds, the declaration required by s.

45.0312 for such person addressing his or her qualifications.

This declaration may be attached to the motion.

(g) If the movant is not the property owner, a separate written joinder or the consent from the property owner, either of which must be contemporaneous to and reference this motion.

(h) In the body or as an attachment thereto, a proposed notice for publication of the sale and bidding procedures for Page 12 of 21 CODING:

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 the sale.

(4) MINIMUM REQUIREMENTS FOR ALTERNATIVE SALES.—An alternative sales procedure must meet all of the following minimum requirements:

(a) A hearing must be held in response to a motion filed under subsection (3) and the hearing date must be at least 20 days after the date the motion is filed.

(b) The property owner must be joined or have consented to the motion under subsection (3) at the time of filing or by the end of the hearing required under paragraph (a).

(c) There may be only one set of bidding procedures.

(b)(d) ThePublication publication of the notice of sale must meet or exceed the requirements of s.

45.031(2).45.031(2) and include the requirements of the sale and the requirements of this subsection.

(c)(e) Credit bid rights must be limited to the amount owed to the creditor or lienholder as provided in the order or final judgment that determined such amount.

(d)(f) TheAs highesta cashprerequisite bidderto bidding, a deposit of 5 percent of a bidder’s presale high bid amount must winbe posted in cash, by wire transfer, or by cashier’s check, and a process must be in place for returning such funds to a bidder that is not the bid.winning bidder.

(g) The deadlinehighest forcash paymentbidder ofmust win the winningbid. bid may not exceed 5 business days.

(e)(h) AnThe in-personwinning auctionbidder maymust notpost bea conducteddeposit outsideof 5 percent of thePage county13 of foreclosure.21 CODING:

(f) Costs, fees, and service charges that are payable to the clerk of the court may not be waived.

(g) The 10-day period to object to the sale as provided in s.

45.031(5), and the confirmation of the sale as provided in s.

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Florida Senate - 2025 CS for CS for SB 48 604-02918-25590-01946-25 202548c2202548c1 45.031(6),the maywinning notbid bebefore altered.5 p.m.

(h)of Thethe requirementsday relatedafter the auction sale, and such deposit is forfeited if the bidder fails to amake foreclosurethe surplusfinal inpayment ss.by the required closing date.

45.031(1),(i) 45.032,The 45.033,date to close and 45.035(2)consummate maythe notsale must be waived.within 30 days after the date of the sale auction, and the winning bidder forfeits his or her bid if the final payment is not made by such date.

(5)(j) IfThe thesale partymust requestsbe thatheld theat courtleast authorize45 someonedays otherafter than the clerkentry of the courtcourt’s ororder theauthorizing sheriffan toalternative conductsales theprocedure sale,under thethis requestsection. must be clear and the following requirements apply:

(a)(k) AnThe alternativeplace auctioneerof sale must havebe insurancethe orcounty postwhere athe bondaction filedis withpending, unless the filing party and payableproperty owner consent in writing to thea clerkspecific location outside of courtthe county which is open and freely available to protectthe public, without any restriction, at the intereststime of the parties.sale and which includes Internet access.

(l) The courtbid shallinstructions setmust thespecify amountwhether ofbackup thebidders bondare asauthorized theand approximate the valueterms ofand theconditions propertyfor tosuch bebidders. sold.

An(m) attorneyThe inwinning bidder must pay all fees of the actionclerk of the court, including registry fees that may not be waved by the auctioneer.court, on the high bid amount, as prescribed by ss.

The28.24(11) auctioneerand must45.035(1). recuse himself or herself if a business partner or relative within the third degree consanguinity registers or attempts to bid.

(b)The Anyrequirements personof holdingthis fundssubsection mustmay havenot insurancebe orwaived. post sufficient bond to protect the interests of the parties.

(c)(5) AnPOSSESSION in-personOF auctionDEPOSITS mustAND bePAYMENTS.— conducted(a) inIf athe placebidder’s thatdeposit, isthe openbid toamount, theor generalany publicother atfunds paid by a bidder or a party are not held by the timeclerk of the auctioncourt, andthe thatfunds isor reasonablycashier’s accessible.check must be held in an Page 14 of 21 CODING:

(6)Words Astricken personare harmeddeletions; by violation of this section has a cause of action for damages resulting from the violation.

Sectionwords 2.underlined are additions.

Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 escrow or trust account by a person appointed by the court pursuant to s.

45.0312.

(b) For all deposits and sales held by a clerk, the funds are subject to the service charge in s.

28.24 and may not be waived by the court.

(6) CERTIFICATION OF SALE.—After a sale of a property pursuant to this section, the person who conducted the sale, or its attorney, must promptly file a certificate of sale and serve a copy on each party in substantially the following form:

(Caption of Action) CERTIFICATE OF JUDICIAL SALE The undersigned clerk of the court certifies that notice of public sale of the property described in the order and the approved sale notice were published by ....(include all locations of publication)...., in the manner shown by attached, and on ...., ...(year)..., the property was offered for public sale to the highest and best bidder for cash.

The highest and best bid received for the property in the amount of $....

was submitted by ...., to whom the property was sold, and such bidder paid $....

as of this date ....(insert deadline to close sale)....

The proceeds of the sale are retained for distribution in accordance with the order or final judgment or ss.

45.0311 and 45.0315-45.035, Florida Statutes.

WITNESS my hand and the seal of this court on ...., ...(year)....

...(...)...

By ...(...)...

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 (7) OBJECTIONS TO SALE.—Objections to the sale must be filed within 10 days after filing the certificate of judicial sale.

If timely objections to the certificate of judicial sale are filed, the court must hear from the party who filed such objections.

(8) CERTIFICATE OF RECEIPT OF SALE PROCEEDS.—If the sale is conducted by a person other than the clerk, such person must file a certificate of receipt of sales proceeds at the same time the certificate of judicial sale is filed and must file additional certificates of receipt of sales proceeds within 1 business day after the receipt of additional sums from the high bidder or backup bidder.

(9) BACKUP BIDDER.—If the high bidder fails to make the final payment by the required sale closing date, the deposit is forfeited and must first be used to pay all costs of the sale, after which any remaining sums must be applied toward the judgment.

In such a circumstance, the person conducting the sale shall notify the backup bidder that he or she must timely make payment by the deadline for backup bidders and file a certificate of forfeiture and an amended certificate of sale identifying the backup bidder as the winning bidder and the sale price and details applicable to such bidder.

(10) CERTIFICATE OF TITLE.—If no objections to the sale are timely filed or the court has not entered an order overruling any objection to the sale, and if the purchase price and clerk fees have been paid, the person conducting the sale must file a notice that confirms that the sale is consummated, names the bidder purchasing the property, and states that a certificate of Page 16 of 21 CODING:

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 title is ready to be issued by the clerk of the circuit court.

After filing such notice, or, for sales conducted by the clerk of the court, after receipt of the purchase price and clerk fees, the clerk shall file a certificate of title and serve a copy of such title on each party in substantially the following form:

(Caption of Action) CERTIFICATE OF TITLE The undersigned clerk of the court certifies that in accordance with the certificate of sale and consummation of sale filed in this action on ...., ...(year)..., for:

The following property in ....

County, Florida:

(description) was sold to ................................, and that no objections to the sale have been filed within the time allowed for filing objections or have been determined.

WITNESS my hand and the seal of the court on ...., ...(year)....

...(Clerk)...

By ...(Deputy Clerk)...

(11) CONFIRMATION;

RECORDING.—When the certificate of title is filed, the sale stands confirmed and the title to the property passes to the purchaser named in such certificate without the need of any other proceeding or instrument.

The clerk of the circuit court shall record the certificate of Page 17 of 21 CODING:

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 title.

(12) DISBURSEMENT OF PROCEEDS.—If the sale is conducted by a person other than the clerk of the circuit court, such person is authorized to disburse the sale proceeds as expressly authorized by the court order, but any surplus funds must be deposited with the clerk of the court together with court fees under ss.

28.24 and 45.031(1).

For sales conducted by the clerk, s.

45.031(7) governs.

(13) SURPLUS FUNDS.—The requirements related to distribution of surplus funds by the clerk as provided in ss.

45.031(1), 45.032, 45.033, and 45.035(2) apply and may not be waived by a court.

(14) VALUE OF PROPERTY.—Section 45.031(8) applies to sales conducted under this section.

(15) REDEMPTION OF RIGHTS.—Section 45.0315 applies to sales conducted under this section.

Section 3.

Section 45.0312, Florida Statutes, is created to read:

45.0312 Appointment of auctioneers and escrow agents for alternative judicial sales.— (1) AUCTIONEERS AND SALE PROFESSIONALS.—Subject to court approval, after a motion and a hearing held no later than 20 days after notice for such hearing, a person may serve as an auctioneer, or in another professional role necessary to the alternative sales procedure authorized by the court under s.

45.0311, only if such person:

(a) Is an auctioneer licensed under part VI of chapter 468, a real estate broker licensed under chapter 475 and in good standing for the preceding 5 years, an attorney who is a member Page 18 of 21 CODING:

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 in good standing with The Florida Bar and has been practicing for at least 5 years, or a title insurer authorized to transact business in this state pursuant to s.

624.401 and in good standing for the preceding 5 years;

(b) Is insured individually or under an entity policy for errors and omissions with a minimum of $250,000 per incident and a deductible of no more than $10,000, or a fidelity bond of no less than $50,000 or such higher coverage or bond amounts as the court may require;

(c) Declares in writing under penalty of perjury that he or she is eligible under this subsection and independent as required by subsection (3);

and (d) Has such additional qualifications as the court requires.

(2) ESCROW AGENTS.—Subject to court approval, after a motion and a hearing held no less than 20 days after notice for such hearing, a person may serve as an escrow agent for the handling of deposits and sales proceeds necessary to the alternative sales procedures authorized by the court under s.

45.0311 only if such person:

(a) Is a qualified public depository as defined in s.

280.02;

(b) Is a title insurance agent licensed pursuant to s.

626.8417, a title insurance agency licensed pursuant to s.

626.8418, or a title insurer authorized to transact business in this state pursuant to s.

624.401;

has been in good standing for the preceding 5 years;

and such person’s trust and escrow accounts are maintained with a qualified public depository as defined in s.

280.02;

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 (c) Is an attorney who is a member in good standing of The Florida Bar who has been practicing law for at least 5 years;

such person’s trust account is maintained with a qualified public depository as defined in s.

280.02;

and such person is insured individually or under an entity policy for errors and omissions with a minimum of $250,000 per incident and a deductible of no more than $10,000 or a fidelity bond of no less than $50,000, or such higher coverage or bond amounts as the court may require;

and (d) Declares in writing under penalty of perjury that such person is eligible under this subsection and independent as required by subsection (3).

(3) INDEPENDENCE.— (a) As used in this subsection, the term “relative” means an individual who is related to another as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

(b) To be independent for the purposes of this section, a person may not:

1.

Be a party to the action, an attorney representing a party in the action, or an employee of a party or the attorney of a party in the action.

2.

Be a relative of a party to the action, or an employee, an officer, a director, an affiliate, or a subsidiary thereof;

or an attorney representing a party in the action, or a relative, an employee, an officer, a director, or an affiliate Page 20 of 21 CODING:

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Florida Senate - 2025 CS for SB 48 590-01946-25 202548c1 or an associate thereof.

3.

Have any financial relationship to the action, to the real or personal property being sold, or to a party or attorney described in paragraph (a) or a relative as described in paragraph (b), other than the payment of the fees authorized by court order.

(4) ACTIONS FOR FAILURE TO FOLLOW COURT ORDER AND ALTERNATIVE SALES PROCEDURES.— (a) An action for actual damages for a material violation of this section may be brought by the property owner or any party to the action for the failure of a person approved by the court under this section to follow the alternative judicial sales procedures in s.

45.0311 or this section, or court orders entered pursuant to s.

45.0311 or this section.

(b) Notwithstanding any other law, a person approved by the court under this section who intentionally violates s.

45.0311, this section, or any court order entered under s.

45.0311 or this section commits a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

Section 4.

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