Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 112
                                Barcode 160476                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2013           .                                

       The Committee on Criminal Justice (Dean) recommended the
    1         Senate Amendment 
    3         Delete lines 162 - 186
    4  and insert:
    6         legitimate property or lien interest in favor of another
    7  person.
    8         1. The court shall determine whether the entire instrument
    9  or certain parts thereof are null and void ab initio. If the
   10  court finds the instrument null and void in its entirety, it may
   11  order the instrument sealed from the official record and removed
   12  from any electronic database used for indexing or locating
   13  instruments in the official record. The court may also,
   14  permanently or for a period of time, enjoin the defendant who
   15  filed the instrument or who directed the filer to file the
   16  instrument, from filing or directing a person to file an
   17  instrument in the official records, without prior review and
   18  approval for filing by a circuit or county court judge, provided
   19  that as to third parties who may have given value for an
   20  interest described or granted by any instrument filed in
   21  violation of the injunction, the instrument shall be deemed
   22  validly filed and provides constructive notice, notwithstanding
   23  any failure to comply with the terms of the injunction.
   24         2. Upon a finding of intent to defraud or harass, the court
   25  shall award actual damages and punitive damages, subject to the
   26  criteria in s. 768.72, to the person adversely affected by the
   27  instrument. The court may also levy a civil penalty of $2,500
   28  for each instrument determined to be in violation of subsection
   29  (2).
   30         3. Granting such other relief or remedy that the court
   31  determines is just and proper within its sound judicial
   32  discretion.