HB 0181 2004
1	A bill to be entitled
2	An act relating to enforcement of instruments; amending s.
3	673.3091, F.S.; providing additional instrument
4	enforcement authority under certain circumstances;
5	providing an effective date.
6
7	Be It Enacted by the Legislature of the State of Florida:
8
9	Section 1. Subsection (1) of section 673.3091, Florida
10	Statutes, is amended to read:
11	673.3091 Enforcement of lost, destroyed, or stolen
12	instrument.--
13	(1) A person not in possession of an instrument is
14	entitled to enforce the instrument if:
15	(a) The person was in possession of the instrument and
16	entitled to enforce the instrument it when loss of possession of
17	the instrument occurred or the person directly or indirectly
18	acquired ownership of the instrument from a person who was
19	entitled to enforce the instrument when loss of possession of
20	the instrument occurred;
21	(b) The loss of possession was not the result of a
22	transfer by the person or a lawful seizure; and
23	(c) The person cannot reasonably obtain possession of the
24	instrument because the instrument was destroyed, its whereabouts
25	cannot be determined, or it is in the wrongful possession of an
26	unknown person or a person that cannot be found or is not
27	amenable to service of process.
28	Section 2. This act shall take effect upon becoming a law.