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5	withdrawn or discharged; requiring a notice of lis pendens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26	withdrawn or discharged., which notice contains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32	been withdrawn or discharged.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40	a notice of lis pendens or whose notice expired or was withdrawn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

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