Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1460
                        Barcode 113198
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: RCS             .                    
       04/09/2007 06:00 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Banking and Insurance (Deutch) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
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:
27  
28                     NOTICE OF PROPERTY SALE
29  
30         A judicial or sheriff's sale of your property
31         that is subject to the lien of the plaintiff in
                                  1
    8:41 AM   04/06/07                             s1460d-bi30-b01

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. 11 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 2 8:41 AM 04/06/07 s1460d-bi30-b01
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 3 8:41 AM 04/06/07 s1460d-bi30-b01
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. 4 5 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 9 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. 28 29 30 31 4 8:41 AM 04/06/07 s1460d-bi30-b01