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.