Florida Statutes
Fla. Stat. § 45.045 (2025)
Limitations on supersedeas bond; exception.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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45.045 Limitations on supersedeas bond; exception.—
(1) Except for certified class actions subject to s. 768.733, in any civil action brought under any legal theory, the amount of a supersedeas bond necessary to obtain an automatic stay of execution of a judgment granting any type of relief during the entire course of all appeals or discretionary reviews, may not exceed $50 million for each appellant, regardless of the amount of the judgment appealed. The $50 million amount shall be adjusted annually to reflect changes in the Consumer Price Index compiled by the United States Department of Labor.
(2) In any civil action brought under any legal theory, a party seeking a stay of execution of a judgment pending review of any amount may move the court to reduce the amount of a supersedeas bond required to obtain such a stay. The court, in the interest of justice and for good cause shown, may reduce the supersedeas bond or may set other conditions for the stay with or without a bond. The court may not reduce the supersedeas bond if the appellant has an insurance or indemnification policy applicable to the case. This subsection does not apply to certified class actions subject to s. 768.733.
(3) If an appellant has posted a supersedeas bond for an amount less than that which would be required for an automatic stay pursuant to Rule 9.310(b)(1), Florida Rules of Appellate Procedure, the appellee may engage in discovery for the limited purpose of determining whether the appellant has dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so.
(4) If the trial or appellate court determines that an appellant has dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so, the court may enter orders necessary to protect the appellee, require the appellant to post a supersedeas bond in an amount up to, but not more than, the amount that would be required for an automatic stay pursuant to Rule 9.310(b)(1), Florida Rules of Appellate Procedure, and impose other remedies and sanctions as the court deems appropriate.
Notes of Decisions
Cited in 4
cases, 2008–2018 · leading case: Bdo Seidman v. Banco Espirito Santo Int'l, Ltd., 998 So. 2d 1 (Fla. 3d DCA 2008).
Bdo Seidman v. Banco Espirito Santo Int'l, Ltd., 998 So. 2d 1 (Fla. 3d DCA 2008). “BDO claims that the trial court erred in allowing Banco Espirito to proceed with discovery in aid of execution after BDO posted a fifty million dollar bond to stay execution as authorized by section 45.045 of the Florida Statutes: (1) Except for certified class actions subject…”
R.J. Reynolds Tobacco Co. v. Hall, 67 So. 3d 1084 (Fla. 1st DCA 2011). “In that case, the Third District rejected a constitutional challenge to the million bond cap in section 45.045, Florida Statutes. See 998 So.”
BDO Seidman, LLP v. Banco Espirito Santo Int'l, Ltd., 26 So. 3d 1 (Fla. 3d DCA 2009). “Like BDO I, the instant dispute stems from a 1,089,343 judgment in Banco Espirito’s favor and deals specifically with interpretation and application of section 45.045, the statute pursuant to which BDO posted a million supersedeas bond to stay execution.”
The Waves of Hialeah, Inc. v. MacHado (Fla. 3d DCA 2018). “310 and authorizes the trial court, under certain circumstances and upon a proper showing, to reduce the amount, or otherwise alter the conditions, of a supersedeas bond. Section 45.045 provides: (1) Except for certified class actions subject to s.”
— 45.045(1) — 2 cases
Bdo Seidman v. Banco Espirito Santo Int'l, Ltd., 998 So. 2d 1 (Fla. 3d DCA 2008). “BDO claims that the trial court erred in allowing Banco Espirito to proceed with discovery in aid of execution after BDO posted a fifty million dollar bond to stay execution as authorized by section 45.045 of the Florida Statutes: (1) Except for certified class actions subject…”
BDO Seidman, LLP v. Banco Espirito Santo Int'l, Ltd., 26 So. 3d 1 (Fla. 3d DCA 2009). “Like BDO I, the instant dispute stems from a 1,089,343 judgment in Banco Espirito’s favor and deals specifically with interpretation and application of section 45.045, the statute pursuant to which BDO posted a million supersedeas bond to stay execution.”
— 45.045(2) — 1 case
The Waves of Hialeah, Inc. v. MacHado (Fla. 3d DCA 2018). “310 and authorizes the trial court, under certain circumstances and upon a proper showing, to reduce the amount, or otherwise alter the conditions, of a supersedeas bond. Section 45.045 provides: (1) Except for certified class actions subject to s.”
— 45.045(3) — 1 case
BDO Seidman, LLP v. Banco Espirito Santo Int'l, Ltd., 26 So. 3d 1 (Fla. 3d DCA 2009). “Like BDO I, the instant dispute stems from a 1,089,343 judgment in Banco Espirito’s favor and deals specifically with interpretation and application of section 45.045, the statute pursuant to which BDO posted a million supersedeas bond to stay execution.”
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