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FL H0237

Bill

Status

Introduced

1/18/2023

Primary Sponsor

Civil Justice Subcommittee

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • Defines "witness" in the context of electronic notarization as an individual whose electronic signature is affixed to an electronic record to attest or subscribe to a principal's signature, applied retroactively to January 1, 2020

  • Amends assignment of rents law (s. 697.07) to add definitions of "mortgagee" and "mortgagor," require that a lien created by an assignment of rents be perfected against the mortgagor in addition to third parties upon recordation, and expand allowable expenses from collected rents to include HOA and condominium/cooperative association assessments

  • Exempts homeowners' associations and condominium/cooperative corporations from the assignment of rents provisions when they acquire title through lien foreclosure or collect rents from tenants under existing statutory authority

  • Expands the finality of foreclosure judgment statute (s. 702.036) to cover foreclosure of "other liens" in addition to mortgages, and requires courts to award reasonable attorney fees to the prevailing party when a lienholder claims superior priority to challenge a final foreclosure judgment

  • Removes the exclusion of owner-occupied residential real estate from the order-to-show-cause procedure in foreclosure actions (s. 702.10), while maintaining a separate provision that the subsection does not apply to owner-occupied residences with a rebuttable presumption based on homestead exemption status

Legislative Description

Legal Instruments

Last Action

Laid on Table; companion bill(s) passed, see CS/SB 286 (Ch. 2023-215)

5/1/2023

Committee Referrals

Judiciary3/9/2023
Insurance And Banking Subcommittee2/21/2023
Civil Justice Subcommittee1/25/2023

Full Bill Text

No bill text available