Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1268
       
       
       
       
       
       
                                Barcode 946316                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Judiciary (Latvala) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 77 - 89
    4  and insert:
    5         Section 4. Subsection (5) of section 56.27, Florida
    6  Statutes, is amended, and subsection (6) is added to that
    7  section, to read:
    8         56.27 Executions; payment of money collected.—
    9         (5) A sheriff may rely upon the affidavit submitted as
   10  required by this section, and a sheriff paying money received
   11  under an execution in accordance with the information contained
   12  in the affidavit under subsection (4) is not liable to anyone
   13  for damages arising from a wrongful levy or wrongful
   14  distribution of funds.
   15         (6) Nothing in this section shall preclude a sheriff who is
   16  uncertain as to whom to disburse the proceeds of the levy sale
   17  from applying for instructions from the court that entered the
   18  judgment that is the basis of the judgment lien or the
   19  appropriate court where the property subject to the levy was
   20  located at the time of the levy, provided the sheriff serves by
   21  process permitted under chapter 48, Florida Statutes, or
   22  certified mail, return receipt requested, a copy of any such
   23  application and notice of hearing on the levying creditor,
   24  judgment debtor, and any other parties identified in the
   25  affidavit.
   26  
   27  ================= T I T L E  A M E N D M E N T ================
   28         And the title is amended as follows:
   29         Delete lines 16 - 21
   30  and insert:
   31         relating to service on a corporation; amending s.
   32         56.27, F.S.; providing that a sheriff may rely on the
   33         affidavit submitted by the levying creditor; providing
   34         that the sheriff may apply for instructions from the
   35         court regarding the distribution of proceeds from a
   36         levy sale;