Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. CS for SB 1268 Barcode 946316 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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;