Florida Senate - 2019 SB 462 By Senator Powell 30-00860-19 2019462__ 1 A bill to be entitled 2 An act relating to lis pendens; amending s. 48.23, 3 F.S.; providing that a person who acquires for value a 4 lien on property during the course of specified legal 5 actions takes such lien free of claims in certain 6 circumstances; specifying the effect of a valid, 7 recorded notice of lis pendens in certain 8 circumstances involving a judicial sale; providing 9 applicability; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraphs (b) and (d) of subsection (1) of 14 section 48.23, Florida Statutes, are amended to read: 15 48.23 Lis pendens.— 16 (1) 17 (b)1. An action that is filed for specific performance or 18 that is not based on a duly recorded instrument has no effect, 19 except as between the parties to the proceeding, on the title 20 to, or on any lien upon, the real or personal property unless a 21 notice of lis pendens has been recorded and has not expired or 22 been withdrawn or discharged. 23 2. Any person acquiring for value an interest in, or lien 24 upon, the real or personal property during the pendency of an 25 action described in subparagraph 1., other than a party to the 26 proceeding or the legal successor by operation of law, or 27 personal representative, heir, or devisee of a deceased party to 28 the proceeding, shall take such interest or lien exempt from all 29 claims against the property that were filed in such action by 30 the party who failed to record a notice of lis pendens or whose 31 notice expired or was withdrawn or discharged, and from any 32 judgment entered in the proceeding, notwithstanding the 33 provisions of s. 695.01, as if such person had no actual or 34 constructive notice of the proceeding or of the claims made 35 therein or the documents forming the causes of action against 36 the property in the proceeding. 37 (d) Except for the interest of persons in possession or 38 easements of use, the recording of such notice of lis pendens, 39 provided that during the pendency of the proceeding it has not 40 expired pursuant to subsection (2) or been withdrawn or 41 discharged, constitutes a bar to the enforcement against the 42 property described in the notice of all interests and liens, 43 including, but not limited to, federal tax liens and levies, 44 unrecorded at the time of recording the notice unless the holder 45 of any such unrecorded interest or lien intervenes in such 46 proceedings within 30 days after the recording of the notice. If 47 the holder of any such unrecorded interest or lien does not 48 intervene in the proceedings and if such proceedings are 49 prosecuted to a judicial sale of the property described in the 50 notice, the property shall be forever discharged from all such 51 unrecorded interests and liens. A valid recorded notice of lis 52 pendens of such proceedings prosecuted to a judicial sale 53 remains in effect through the recording of any instrument 54 transferring title to the property pursuant to the final 55 judgment unless it expires, is withdrawn, or it is otherwise 56 discharged. If the notice of lis pendens expires or is withdrawn 57 or discharged, the expiration, withdrawal, or discharge of the 58 notice does not affect the validity of any unrecorded interest 59 or lien. 60 Section 2. This act is intended to clarify existing law and 61 shall apply to actions pending on the effective date of this 62 act. 63 Section 3. This act shall take effect upon becoming a law.