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FL H0783

Bill

Status

Passed

6/29/2020

Primary Sponsor

Judiciary Committee

Click for details

Origin

House of Representatives

2020 Regular Session

AI Summary

  • Creates Chapter 714, Florida Statutes, establishing the Uniform Commercial Real Estate Receivership Act, which provides a comprehensive framework for court-appointed receivers to manage commercial real property and related personal property during legal disputes or mortgage enforcement proceedings

  • Courts may appoint receivers before or after judgment to protect property from waste, loss, or diminished value, with specific factors courts must consider in mortgage foreclosure cases including whether the mortgagor agreed to receiver appointment on default

  • Receivers must post a bond, file interim and final reports with the court, and may exercise powers including collecting rents, operating businesses, engaging professionals, and with court approval, selling property or rejecting executory contracts

  • Property owners must cooperate with receivers by turning over property, providing records and passwords, and submitting to examination under oath; failure to comply may result in contempt sanctions and damages

  • Excludes residential property with one or two dwelling units that includes a homestead, individual exempt property, and receiverships where the receiver was appointed before July 1, 2020 (the effective date)

Legislative Description

Uniform Commercial Real Estate Receivership Act

Last Action

Chapter No. 2020-106

6/29/2020

Committee Referrals

Judiciary3/9/2020
Judiciary2/4/2020
Justice Appropriations Subcommittee1/23/2020
Civil Justice Subcommittee12/16/2019

Full Bill Text

No bill text available