Title XL, Real and Personal Property

The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.History.—s. 1, ch. 2020-106.

(1) The court may appoint a receiver:(a) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or its revenue-producing potential:1. Is being subjected to or is in danger of …

(1) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.(2) Except as otherwise provided in subsection (3), a person is disqualified from appointment as receiver if the pers…

(1) Except as otherwise provided in subsection (2), a receiver shall post with the court a bond that:(a) Is conditioned on the faithful discharge of the receiver’s duties;(b) Has one or more sureties approved by the court;(c) Is in an amount the court specifies; and(d) Is effecti…

Upon appointment of a receiver, the receiver has the status of a lien creditor under:(1) Chapter 679 as to receivership property or fixtures; and(2) Chapter 695 as to receivership property that is real property.History.—s. 1, ch. 2020-106.

Except as otherwise provided by law other than this chapter, property that a receiver or an owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.Hi…

(1) Unless the court orders otherwise, on demand by a receiver:(a) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or …

(1) Except as limited by court order or the laws of this state other than this chapter, a receiver may:(a) Collect, control, manage, conserve, and protect receivership property;(b) Operate a business constituting receivership property, including preservation, use, sale, lease, li…

(1) An owner shall:(a) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver’s duties;(b) Preserve and turn over to the receiver all receivership property in the owner’s possession, custody, or control;(c) Identify all …

(1) Except as otherwise provided in subsection (5), after notice and opportunity for a hearing, the court may enter an order providing for a stay, applicable to all persons, of any act, action, or proceeding:(a) To obtain possession of, exercise control over, or enforce a judgmen…

(1) With court approval, a receiver may engage an attorney, an accountant, an appraiser, an auctioneer, a broker, or another professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court:(a) The identity a…

(1) For the purposes of this section, the term “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.(2) Before judgment is entered with respect to the receivership property in the action in which the receiver is appointed, with …

(1) For the purposes of this section, the term “timeshare interest” has the same meaning as in s. 721.05(36).(2) Except as otherwise provided in subsection (8), with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership propert…

(1) A receiver is entitled to all defenses and immunities provided by the laws of this state other than this chapter for an act or omission within the scope of the receiver’s appointment.(2) A receiver may be sued personally for an act or omission in administering receivership pr…

A receiver may file or, if ordered by the court, shall file an interim report that includes:(1) The activities of the receiver since appointment or a previous report;(2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the r…

(1) Except as otherwise provided in subsection (6), a receiver shall give notice of appointment of the receiver to creditors of the owner by:(a) Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known address of each credit…

(1) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.(2) The court may order one or more of the following to pay the reasonable and necessary…

(1) The court may remove a receiver for cause.(2) The court shall replace a receiver that dies, resigns, or is removed.(3) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over …

(1) Upon completion of a receiver’s duties, the receiver shall file a final report including:(a) A description of the activities of the receiver in the conduct of the receivership;(b) A list of receivership property at the commencement of the receivership and any receivership pro…

(1) The court may appoint a receiver appointed in another state, or that person’s nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if:(a) The pe…

A request by a mortgagee for the appointment of a receiver, the appointment of a receiver, or the application by a mortgagee of receivership property or proceeds to the secured obligation does not:(1) Make the mortgagee a mortgagee in possession of the real property;(2) Make the …

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that have enacted a similar law.History.—s. 1, ch. 2020-106.

This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices describ…

This chapter does not apply to a receivership for which the receiver was appointed before July 1, 2020.History.—s. 1, ch. 2020-106.