Senate Judiciary committee adopts overhaul of judicial-sales procedures in CS/SB 48

Senate Judiciary Committee Chair Yarbrough and committee members voted to adopt a delete‑all amendment to CS for Senate Bill 48 and then reported the bill favorably by roll call, 10‑0.

Senator Garcia, sponsor of SB 48, told the committee the measure aims “to ensure fairness and transparency in our judicial sales process.” She said the bill removes alternative‑sale procedures from section 45.031 of Florida law, creates a new section 45.0311 with clear requirements for alternative sales, and adds oversight for surplus funds, auctioneers and escrow agents.

The bill, as described to the committee, would standardize sale procedures statewide, prohibit bidding credits that give some bidders an unfair advantage, require judicial approval for alternative sales and institute qualifications and oversight for any professionals conducting alternate judicial sales. Garcia said the measure also strengthens penalties for misconduct related to sales and “does not add cost to the courts but strengthens protections for all parties involved.”

Garcia also described changes to the timeframe for sales; in her remarks she referenced different figures at different points (she cited both a change from “20 to 35 days” and later discussed a “45 to 60” day range). The transcript records the differing figures as spoken; the committee record did not include an amended statute text in the hearing record explaining which timeframe will be in the final bill.

Senator Pasadoma said the delete‑all amendment addressed many of his earlier concerns and said he would vote for the measure while working with the sponsor on technical clarifications as the bill moves to Committee on Community Affairs and Rules.

After debate was waived, the committee adopted the delete‑all amendment by unanimous voice vote. Lisa, the committee clerk, then called the roll on CS for Senate Bill 48; the transcript records the following ayes: Senator DeSigli; Senator Gates; Senator Hooper; Senator Leak; Senator Passadoma; Senator Polsky; Senator Thompson; Senator Trumbull; Senator Burton; and Chair Yarbrough. The clerk announced “10 yeas, 0 nays.” The committee reported CS for SB 48 favorably.

SB 48 as presented to the committee references current law in section 45.031 (judicial sales) and would add a new section 45.0311 establishing statewide procedures for alternative judicial sales, oversight of surplus funds, and qualification and oversight requirements for auctioneers and escrow agents.

Next steps: the committee recorded the favorable report and sent CS for SB 48 to the next committees on the calendar (Community Affairs and Rules, as noted during the hearing).

Votes at a glance: CS for Senate Bill 48 — Committee action: reported favorably (10–0).