Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 660
       
       
       
       
       
       
                                Ì619668^Î619668                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2017           .                                
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       The Committee on Judiciary (Passidomo) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 22 - 34
    4  and insert:
    5         (b) A rebuttable presumption that the defendant has waived
    6  any defenses to the foreclosure is created if a lienholder
    7  enters documents filed in the defendant’s bankruptcy case which:
    8         1. Evidence the defendant’s intention to surrender to the
    9  lienholder the property that is the subject of the foreclosure;
   10         2. Have not been withdrawn by the defendant; and
   11         3. Show that a final order has been entered in the
   12  defendant’s bankruptcy case which discharges the defendant’s
   13  debts or confirms the defendant’s repayment plan that provides
   14  for the surrender of the property.
   15         (2) Pursuant to s. 90.203, a court shall take judicial
   16  notice of any order entered in a bankruptcy case upon the
   17  request of a lienholder.
   18  
   19  ================= T I T L E  A M E N D M E N T ================
   20  And the title is amended as follows:
   21         Delete lines 7 - 8
   22  and insert:
   23         action creates a rebuttable presumption that the
   24         defendant has waived any defenses to the foreclosure;
   25         requiring a court to take judicial notice of