Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 45.45 - Full Text and Legal Analysis
Florida Statute 45.045 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 45.045 Case Law from Google Scholar Google Search for Amendments to 45.045

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS
View Entire Chapter
F.S. 45.045
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.
History.s. 1, ch. 2006-280.

F.S. 45.045 on Google Scholar

F.S. 45.045 on CourtListener

Amendments to 45.045


Annotations, Discussions, Cases:

Cases Citing Statute 45.045

Total Results: 4

R.J. Reynolds Tobacco Co. v. Hall

67 So. 3d 1084, 2011 Fla. App. LEXIS 10909, 2011 WL 2685609

District Court of Appeal of Florida | Filed: Jul 12, 2011 | Docket: 2365782

Cited 6 times | Published

constitutional challenge to the $50 million bond cap in section 45.045, Florida Statutes. See 998 So.2d at 2. The

BDO Seidman v. BANCO ESPIRITO SANTO INTERNATIONAL, LTD.

998 So. 2d 1, 2008 WL 1734148

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1701618

Cited 4 times | Published

dollar bond to stay execution as authorized by section 45.045 of the Florida Statutes: (1) Except for certified

The Waves of Hialeah, Inc. v. MacHado

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366302

Published

because in 2006, the Legislature enacted section 45.045, Florida Statutes (2006), which supplements

BDO Seidman, LLP v. Banco Espirito Santo International, Ltd.

26 So. 3d 1, 2009 Fla. App. LEXIS 11242

District Court of Appeal of Florida | Filed: Aug 12, 2009 | Docket: 1116224

Published

to comply with post-judgment discovery under section 45.045(3) of the Florida Statutes. On cross motion