Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 798
Ì582410lÎ582410
LEGISLATIVE ACTION
Senate . House
Comm: RS .
04/24/2014 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Appropriations (Ring) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 668 - 691
4 and insert:
5 (1)(a) A unit owner, regardless of how his or her title has
6 been acquired, including by purchase at a foreclosure sale or by
7 deed in lieu of foreclosure, is liable for all assessments which
8 come due while he or she is the unit owner. Additionally, a unit
9 owner is jointly and severally liable with the previous owner
10 for all unpaid assessments that came due up to the time of
11 transfer of title. This liability is without prejudice to any
12 right the owner may have to recover from the previous owner the
13 amounts paid by the owner. For the purposes of this paragraph,
14 the term “previous owner” does not include an association that
15 acquires title to a delinquent property through foreclosure or
16 by deed in lieu of foreclosure. The present unit owner’s
17 liability for unpaid assessments is limited to any unpaid
18 assessments that accrued before the association acquired title
19 to the delinquent property through foreclosure or by deed in
20 lieu of foreclosure.
21 Section 11. Subsection (1) of section 719.108, Florida
22 Statutes, is amended to read:
23 719.108 Rents and assessments; liability; lien and
24 priority; interest; collection; cooperative ownership.—
25 (1) A unit owner, regardless of how title is acquired,
26 including, without limitation, a purchaser at a judicial sale,
27 shall be liable for all rents and assessments coming due while
28 the unit owner is in exclusive possession of a unit. In a
29 voluntary transfer, the unit owner in exclusive possession shall
30 be jointly and severally liable with the previous unit owner for
31 all unpaid rents and assessments against the previous unit owner
32 for his or her share of the common expenses up to the time of
33 the transfer, without prejudice to the rights of the unit owner
34 in exclusive possession to recover from the previous unit owner
35 the amounts paid by the unit owner in exclusive possession
36 therefor. For the purposes of this paragraph, the term “previous
37 unit owner” does not include an association that acquires title
38 to a delinquent property through foreclosure or by deed in lieu
39 of foreclosure. The present unit owner’s liability for unpaid
40 assessments is limited to any unpaid assessments that accrued
41 before the association acquired title to the delinquent property
42 through foreclosure or by deed in lieu of foreclosure.
43
44 ================= T I T L E A M E N D M E N T ================
45 And the title is amended as follows:
46 Delete lines 46 - 51
47 and insert:
48 F.S.; clarifying the meaning of the term “previous
49 owner”; limiting the present owner’s liability for
50 unpaid assessments to those that accrued before the
51 association acquired title; amending s. 719.108, F.S.;
52 clarifying the meaning of the term “previous unit
53 owner”; limiting the present unit owner’s liability
54 for unpaid assessments to those that accrued before
55 the association acquired title;