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;