Senate Bill sb0282

    Florida Senate - 2004                                   SB 282

    By Senator Posey





    24-538-04

  1                      A bill to be entitled

  2         An act relating to enforcement of lost,

  3         destroyed, or stolen negotiable instruments;

  4         amending s. 673.3091, F.S.; providing an

  5         additional circumstance under which a person

  6         not in possession of a lost, destroyed, or

  7         stolen negotiable instrument may enforce such

  8         instrument; providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (1) of section 673.3091, Florida

13  Statutes, is amended to read:

14         673.3091  Enforcement of lost, destroyed, or stolen

15  instrument.--

16         (1)  A person not in possession of an instrument is

17  entitled to enforce the instrument if:

18         (a)  The person seeking to enforce the instrument was

19  in possession of the instrument and entitled to enforce the

20  instrument it when loss of possession occurred, or has

21  directly or indirectly acquired ownership of the instrument

22  from a person who was entitled to enforce the instrument when

23  loss of possession occurred;

24         (b)  The loss of possession was not the result of a

25  transfer by the person or a lawful seizure; and

26         (c)  The person cannot reasonably obtain possession of

27  the instrument because the instrument was destroyed, its

28  whereabouts cannot be determined, or it is in the wrongful

29  possession of an unknown person or a person that cannot be

30  found or is not amenable to service of process.

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    Florida Senate - 2004                                   SB 282
    24-538-04




 1         Section 2.  This act shall take effect upon becoming a

 2  law.

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 5                          SENATE SUMMARY

 6    Revises conditions under which a person not in possession
      of a lost, destroyed, or stolen negotiable instrument may
 7    enforce such instrument.

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CODING: Words stricken are deletions; words underlined are additions.