| 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 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 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 seeking to enforce was in possession of the |
| 16 | instrument was and entitled to enforce the instrument it when |
| 17 | loss of possession occurred, or has directly or indirectly |
| 18 | acquired ownership of the instrument from a person who was |
| 19 | entitled to enforce the instrument when loss of possession |
| 20 | 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. |