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