Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1460
Barcode 113198
CHAMBER ACTION
Senate House
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04/09/2007 06:00 PM .
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11 The Committee on Banking and Insurance (Deutch) recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 45.0321, Florida Statutes, is
19 created to read:
20 45.0321 Notice of bankruptcy alternatives to judicial
21 sale.--
22 (1) As a condition to the entry of a final judgment
23 under s. 45.031 or s. 702.10, a lienholder must serve,
24 together with the original process and in the manner permitted
25 for service of a complaint, a separate notice to the property
26 owner containing the following statement in conspicuous type:
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28 NOTICE OF PROPERTY SALE
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30 A judicial or sheriff's sale of your property
31 that is subject to the lien of the plaintiff in
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1460
Barcode 113198
1 this case may occur shortly. UNDER CERTAIN
2 CIRCUMSTANCES, the United States Bankruptcy
3 Code may provide a property owner the ability
4 to retain the liened property and reorganize
5 the claimed indebtedness if a bankruptcy
6 petition is filed before the judicial or
7 sheriff's sale occurs. In most cases, an
8 individual will be required to complete a
9 credit counseling briefing before being
10 eligible to file a bankruptcy case.
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12 (2) The fact of service of the notice shall be noted
13 on the summons and the return of service so that the clerk of
14 the court, the judicial officer, and any title examiners may
15 ascertain the lienholder's compliance with this section. The
16 lienholder's failure to deliver notice is an affirmative
17 defense and, if such defense is not raised by the property
18 owner, a final judgement for in rem relief but not a final
19 money judgment may be entered against the property owner.
20 (3) This section does not affect the title or
21 marketability of the real property subject to the judicial
22 sale nor the validity of the title conveyed which results from
23 the judicial sale.
24 Section 2. Section 56.021, Florida Statutes, is
25 amended to read:
26 56.021 Executions; issuance and return, alias,
27 etc.--When issued, an execution is valid and effective during
28 the life of the judgment or decree on which it is issued.
29 When fully paid, the officer executing it shall make his or
30 her return and file it in the court which issued the
31 execution. If the execution is lost or destroyed, the party
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1460
Barcode 113198
1 entitled thereto may have an alias, pluries or other copies on
2 making proof of such loss or destruction by affidavit and
3 filing it in the court issuing the execution. However, the
4 execution may not be issued before the judgment creditor has
5 filed and served a notice upon the judgment debtor in the same
6 form as required by s. 45.0321.
7 Section 3. Section 702.035, Florida Statutes, is
8 amended to read:
9 702.035 Legal notice concerning foreclosure
10 proceedings.--Whenever a legal advertisement, publication, or
11 notice relating to a foreclosure proceeding is required to be
12 placed in a newspaper, it is the responsibility of the
13 petitioner or petitioner's attorney to place such
14 advertisement, publication, or notice. For counties with more
15 than 1 million total population as reflected in the 2000 most
16 recent Official Decennial Census of the United States Census
17 Bureau as shown on the official website of the United States
18 Census Bureau, any notice of publication required by this
19 section shall be deemed to have been published in accordance
20 with the law if the notice is published in a newspaper that
21 has been entered as a periodical matter at a post office in
22 the county in which the newspaper is published, is published a
23 minimum of 5 days a week, exclusive of legal holidays, and has
24 been in existence and published a minimum of 5 days a week,
25 exclusive of legal holidays for 1 year or is a direct
26 successor to a newspaper that has been in existence for 1 year
27 that has been published a minimum of 5 days a week exclusive
28 of legal holidays. The advertisement, publication, or notice
29 shall be placed directly by the attorney for the petitioner,
30 by the petitioner if acting pro se, or by the clerk of the
31 court. Only the actual costs charged by the newspaper for the
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1460
Barcode 113198
1 advertisement, publication, or notice may be charged as costs
2 in the action.
3 Section 4. This act shall take effect July 1, 2007.
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 Delete everything before the enacting clause
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10 and insert:
11 A bill to be entitled
12 An act relating to judicial and execution sales
13 of property; creating s. 45.0321, F.S.;
14 requiring that, before certain court-ordered
15 sales of property, the lienholder serve notice
16 on the property owner of the possibility of
17 relief through the filing of a bankruptcy
18 petition; specifying the content of the notice;
19 providing for an affirmative defense for
20 failing to provide notice; amending s. 56.021,
21 F.S., relating to the required service of
22 notice of potential relief through bankruptcy;
23 conforming provisions to changes made by the
24 act; amending s. 702.035, F.S.; clarifying that
25 the number of days for publishing a notice
26 relating to a foreclosure proceeding excludes
27 legal holidays; providing an effective date.
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