The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS

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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 Casetext

Amendments to 45.045

Arrestable Offenses / Crimes under Fla. Stat. 45.045

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 45.045.

Annotations, Discussions, Cases:

Cases from cite.case.law:

R. J. REYNOLDS TOBACCO COMPANY, v. HALL, Sr., 67 So. 3d 1084 (Fla. Dist. Ct. App. 2011)

. . . case, the Third District rejected a constitutional challenge to the $50 million bond cap in section 45.045 . . .

BDO SEIDMAN, LLP, v. BANCO ESPIRITO SANTO INTERNATIONAL, LTD. ESB S. A., 26 So. 3d 1 (Fla. Dist. Ct. App. 2009)

. . . judgment debtor BDO Seidman, LLP (herein, BDO) to comply with post-judgment discovery under section 45.045 . . . We agree with Banco Espirito that the court below misinterpreted both BDO I and section 45.045(3) in . . . Here, that modification came by way of section 45.045. . . . whether assets have been or are being dissipated during a stay authorized by section 45.045(1). . . . Section 45.045(3) neither nullifies the protection provided by compliance with section 45.045(1) nor . . .

BDO SEIDMAN, LLP, v. BANCO ESPIRITO SANTO INTERNATIONAL, LTD. ESB S. A., 998 So. 2d 1 (Fla. Dist. Ct. App. 2008)

. . . of execution after BDO posted a fifty million dollar bond to stay execution as authorized by section 45.045 . . . to reflect changes in the Consumer Price Index compiled by the United States Department of Labor. § 45.045 . . . We agree with BDO that section 45.045 should have been applied in this case to preclude the discovery . . . Here, that modification came by way of section 45.045. . . . However we do not view section 45.045 as an intrusion into the practice and procedure of the judiciary . . .