HB 737

1	A bill to be entitled
2	An act relating to lis pendens; amending s. 48.23, F.S.;
3	permitting property to be sold exempt from claims asserted
4	in an action when the lis pendens has expired or been
5	withdrawn or discharged; requiring a notice of lis pendens
6	to include the date of the action or the case number of
7	the action; extending the time in which the holder of an
8	unrecorded interest or lien may intervene in a pending
9	action; providing for the control and discharge of a lis
10	pendens that no longer affects the property; providing an
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 48.23, Florida Statutes, is amended to
16	read:
17	48.23  Lis pendens.--
18	(1)(a)  An No action in any of the state or federal courts
19	in this state operates as a lis pendens on any real or personal
20	property involved therein or to be affected thereby only if
21	until a notice of lis pendens the commencement of the action is
22	recorded in the office of the clerk of the circuit court of the
23	county where the property is located and such notice has not
24	expired pursuant to subsection (2) or been withdrawn or
25	discharged., which notice contains
26	(b)1.  An action that is filed for specific performance or
27	that is not based on a duly recorded instrument has no effect,
28	except as between the parties to the proceeding, on the title
29	to, or on any lien upon, the real or personal property unless a
30	notice of lis pendens has been recorded and has not expired or
31	been withdrawn or discharged.
32	2.  Any person acquiring for value an interest in the real
33	or personal property during the pendency of an action described
34	in subparagraph 1., other than a party to the proceeding or the
35	legal successor by operation of law, or personal representative,
36	heir, or devisee of a deceased party to the proceeding, shall
37	take such interest exempt from all claims against the property
38	that were filed in such action by the party who failed to record
39	a notice of lis pendens or whose notice expired or was withdrawn
40	or discharged, and from any judgment entered in the proceeding,
41	notwithstanding the provisions of s. 695.01, as if such person
42	had no actual or constructive notice of the proceeding or of the
43	claims made therein or the documents forming the causes of
44	action against the property in the proceeding.
45	(c)1.  A notice of lis pendens must contain the following:
46	a.  The names of the parties.,
47	b.  The date time of the institution of the action or the
48	case number of the action.,
49	c.  The name of the court in which it is pending.,
50	d.  A description of the property involved or to be
51	affected., and
52	e.  A statement of the relief sought as to the property.
53	2.  In the case of any notice of lis pendens filed on the
54	same date as the pleading upon which the notice is based, the
55	clerk's notation of the date of receipt on the notice shall
56	satisfy the requirement that the notice contain the date of the
57	institution of the action.
58	(d)(b)  Except for the interest of persons in possession or
59	easements of use, the recording filing for record of such notice
60	of lis pendens, provided that during the pendency of the
61	proceeding it has not expired pursuant to subsection (2) or been
62	withdrawn or discharged, constitutes shall constitute a bar to
63	the enforcement against the property described in the said
64	notice of lis pendens of all interests and liens, including, but
65	not limited to, federal tax liens and levies, unrecorded at the
66	time of recording the filing for record such notice of lis
67	pendens unless the holder of any such unrecorded interest or
68	lien intervenes shall intervene in such proceedings within 30 20
69	days after the filing and recording of the said notice of lis
70	pendens. If the holder of any such unrecorded interest or lien
71	does not intervene in the proceedings and if such proceedings
72	are prosecuted to a judicial sale of the property described in
73	the said notice of lis pendens, the property shall be forever
74	discharged from all such unrecorded interests and liens. If the
75	In the event said notice of lis pendens expires or is withdrawn
76	or discharged by order of the court, the expiration, withdrawal,
77	or discharge of the notice does same shall not in any way affect
78	the validity of any unrecorded interest or lien.
79	(2)  A No notice of lis pendens is not effectual for any
80	purpose beyond 1 year from the commencement of the action and
81	will expire at that time, unless the relief sought is disclosed
82	by the pending initial pleading to be founded on a duly recorded
83	instrument or on a lien claimed under part I of chapter 713
84	against the property involved, except when the court extends the
85	time of expiration on reasonable notice and for good cause. The
86	court may impose such terms for the extension of time as justice
87	requires.
88	(3)  When the pending initial pleading does not show that
89	the action is founded on a duly recorded instrument or on a lien
90	claimed under part I of chapter 713 or when the action no longer
91	affects the subject property, the court shall may control and
92	discharge the recorded notice of lis pendens as the court would
93	may grant and dissolve injunctions.
94	(4)  This section applies to all actions now or hereafter
95	pending in any state or federal courts in this state, but the
96	period of time specified in subsection (2) above-mentioned does
97	not include the period of pendency of any action in an appellate
98	court.
99	Section 2.  This act shall take effect July 1, 2009.

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