Florida Senate - 2012                                     SB 970
       
       
       
       By Senator Bennett
       
       
       
       
       21-00750-12                                            2012970__
    1                        A bill to be entitled                      
    2         An act relating to foreclosure proceedings; creating
    3         s. 702.11, F.S.; providing a short title; providing
    4         purposes of the act; authorizing a financial
    5         institution or lender that institutes a foreclosure
    6         action to file a motion requesting that the circuit
    7         court issue a certificate of abandonment and
    8         preservation of property; requiring that the sheriff
    9         or deputy sheriff conduct an inspection of the
   10         property to determine if it appears to be abandoned;
   11         requiring that the sheriff or deputy sheriff post a
   12         notice on the property if it appears to be abandoned;
   13         providing requirements for the notice and that it be
   14         posted for a specified period; requiring that the
   15         sheriff or deputy sheriff conduct a second inspection
   16         confirming that the property appears to be abandoned;
   17         authorizing the sheriff or deputy sheriff to charge a
   18         fee for each inspection; requiring that the financial
   19         institution or lender pay the fee upon filing the
   20         motion for a certificate of abandonment and
   21         preservation of property; authorizing the financial
   22         institution or lender instituting the mortgage
   23         foreclosure proceeding to perform certain actions in
   24         order to preserve the property; providing that the
   25         financial institution or lender is not liable for
   26         damages or costs incurred while preserving the
   27         property; providing that the costs incurred by the
   28         financial institution or lender while preserving the
   29         property are the responsibility of the homeowner;
   30         providing that the costs be included in the final
   31         judgment of foreclosure; providing an effective date.
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 702.11, Florida Statutes, is created to
   36  read:
   37         702.11 Florida Property Preservation Act.—
   38         (1) This section may be cited as the “Florida Property
   39  Preservation Act.
   40         (2) The purposes of this section are to preserve property
   41  values in the state, prevent urban blight, and require financial
   42  institutions and lenders to maintain properties throughout the
   43  process of a mortgage foreclosure.
   44         (3)(a)A financial institution or lender that institutes an
   45  action to foreclose a mortgage may file a motion in the circuit
   46  court requesting a certificate of abandonment and preservation
   47  of property. Upon receipt of the motion, the court shall issue
   48  an order requiring that the sheriff or deputy sheriff of the
   49  county in which the property is located conduct a visual
   50  inspection of the property to determine if it appears to be
   51  abandoned.
   52         (b) If the sheriff or deputy sheriff finds that the
   53  property appears to be abandoned, the sheriff or deputy sheriff
   54  shall post a notice on the front door of the property or on a
   55  conspicuous location on the property. The notice must be in a
   56  font size of at least 20 points and in substantial conformity
   57  with the following:
   58  
   59                NOTICE TO PROPERTY OWNER OR RESIDENT               
   60         ATTENTION OWNER or LAWFUL RESIDENT: On ...(date of
   61         inspection)..., the Sheriff’s Department of ...(name
   62         of county)... inspected this property and has
   63         determined that it appears to be abandoned. Please
   64         file a responsive document with the court to notify
   65         the court that this property is NOT abandoned and to
   66         preserve your access to this property within 30
   67         calendar days after the date on this notice.
   68  
   69         If you fail to respond to this notice, your home will
   70         be secured and preserved by your financial institution
   71         or lender in accordance with s. 702.11, Florida
   72         Statutes. The costs associated with the preservation
   73         of this property will be YOUR responsibility. Your
   74         financial institution or lender is not liable for any
   75         actions taken to preserve this property.
   76  
   77         The sheriff or deputy sheriff will conduct another
   78         inspection of this property at the end of 30 calendar
   79         days after the date on this notice to confirm that
   80         this property appears to be abandoned. A determination
   81         by the sheriff or deputy sheriff that this property
   82         does not appear to be abandoned may not be sufficient
   83         to protect your access to this property.
   84  
   85         (c) The notice shall be posted on the property for 30
   86  calendar days after the first inspection is conducted.
   87         (d) Upon the expiration of the 30-day period, the sheriff
   88  or deputy sheriff shall conduct a second inspection confirming
   89  that the property appears to be abandoned. The sheriff or deputy
   90  sheriff shall provide the inspection documents to the court and
   91  copies of the documents to all the parties involved in the
   92  mortgage foreclosure proceeding.
   93         (e) The sheriff may charge a fee of $100 for each property
   94  inspection, which shall be paid by the financial institution or
   95  lender filing the motion for a certificate of abandonment and
   96  preservation of property and collected by the clerk of the court
   97  upon the filing of the motion.
   98         (4)(a)Upon the issuance of a certificate of abandonment
   99  and preservation of property, the financial institution or
  100  lender instituting the mortgage foreclosure proceeding is
  101  authorized to:
  102         1. Secure the property;
  103         2. Maintain utilities to the property;
  104         3. Remove trash and debris;
  105         4. Maintain the lawn in a reasonable manner;
  106         5. Maintain any pool in a safe, clean, and secure manner;
  107         6. Perform other reasonable and necessary acts to preserve
  108  the property and prevent waste as ordered by the court;
  109         7. Maintain proper insurance against catastrophic damage;
  110  and
  111         8. Pay any and all property taxes.
  112         (b) While acting in accordance with this section, the
  113  financial institution or lender is not liable for damage
  114  incurred as a result of trespass or damage to the dwelling or to
  115  any chattel. All costs incurred by the financial institution or
  116  lender while preserving the property are the responsibility of
  117  the homeowner. The costs shall be assessed as damages and
  118  included in a final judgment of foreclosure, subject to a
  119  determination of reasonableness by the court.
  120         Section 2. This act shall take effect July 1, 2012.