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FL S1098

Bill

Status

Introduced

2/21/2013

Primary Sponsor

Banking and Insurance

Click for details

Origin

Senate

2013 Regular Session

AI Summary

  • Defines "negative notice" as a notice procedure allowing certain assignee actions to proceed unless a written objection is filed within 21 days of service.

  • Increases assignee's bond requirement to at least $25,000 or double the liquidation value of unencumbered and liquid assets of the estate, whichever is higher.

  • Extends the period an assignee may conduct the assignor's business from 14 to 45 calendar days initially, with ability to extend an additional 90 days upon service of negative notice if no timely objection is filed.

  • Authorizes assignees to conduct discovery under Florida Rules of Civil Procedure to determine whether to prosecute estate claims and requires specific procedures for rejecting unexpired leases of nonresidential real property or personal property.

  • Establishes a prescribed form for assignee's deeds when selling real property and extends the notice period to creditors from 20 to 21 days for proposed asset sales, business operations, and other estate actions.

Legislative Description

General Assignments

Last Action

Laid on Table, companion bill(s) passed, see CS/CS/HB 833 (Ch. 2013-244)

4/25/2013

Committee Referrals

Rules4/11/2013
Banking and Insurance4/2/2013
Judiciary2/28/2013

Full Bill Text

No bill text available