Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1666
                                Barcode 806030                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/15/2013           .                                

       The Committee on Judiciary (Soto) recommended the following:
    1         Senate Amendment 
    3         Delete lines 671 - 717
    4  and insert:
    6         (a) Contain affirmative allegations expressly made by the
    7  plaintiff at the time the proceeding is commenced that the
    8  plaintiff is the owner and holder of the original note secured
    9  by the mortgage; or
   10         (b) Allege with specificity the factual basis by which the
   11  plaintiff is a person entitled to enforce the note and mortgage
   12  under s. 673.3011.
   13         (3) If a plaintiff has been delegated the authority to
   14  institute a mortgage foreclosure action on behalf of the person
   15  entitled to enforce the note and mortgage, the complaint shall
   16  describe the authority of the plaintiff and identify, with
   17  specificity, the document that grants the plaintiff the
   18  authority to act on behalf of the person entitled to enforce the
   19  note and mortgage. This subsection is intended to require
   20  initial disclosure of status and pertinent facts and not to
   21  modify law regarding standing or real parties in interest. The
   22  term “original note” or “original promissory note” means the
   23  signed or executed promissory note rather than a copy thereof.
   24  The term includes any renewal, replacement, consolidation, or
   25  amended and restated note or instrument given in renewal,
   26  replacement, or substitution for a previous promissory note. The
   27  term also includes a transferrable record, as defined by the
   28  Uniform Electronic Transaction Act in s. 668.50(16).
   29         (4) If the plaintiff is in possession of the original
   30  promissory note, the plaintiff must file under penalty of
   31  perjury a certification with the court, contemporaneously with
   32  the filing of the complaint for foreclosure, that the plaintiff
   33  is in possession of the original promissory note. The
   34  certification must set forth the location of the note, the name
   35  and title of the individual giving the certification, the name
   36  of the person who personally verified such possession, and the
   37  time and date on which the possession was verified. Correct
   38  copies of the note and all allonges to the note must be attached
   39  to the certification. The original note and the allonges must be
   40  filed with the court before the entry of any judgment of
   41  foreclosure or judgment on the note.
   42         (5) If the plaintiff seeks to enforce a lost, destroyed, or
   43  stolen instrument, an affidavit executed under penalty of
   44  perjury must be attached to the complaint. The affidavit must:
   45         (a) Detail a clear chain of all endorsements, transfers, or
   46  assignments of the promissory note that is the subject of the
   47  action.
   48         (b) Set forth facts showing that the plaintiff is entitled
   49  to enforce a lost, destroyed, or stolen instrument pursuant to
   50  s. 673.3091 or s. 71.011, whichever is applicable. Adequate
   51  protection as required under s. 673.3091(2), shall be provided
   52  before the entry of final judgment.