Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 998
Barcode 659964
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/01/2009 .
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The Committee on Regulated Industries (Deutch) recommended the
following:
1 Senate Amendment to Amendment (893816) (with title
2 amendment)
3
4 Delete lines 76 - 128
5 and insert:
6 due before prior to the mortgagee’s acquisition of title is
7 limited to the lesser of:
8 1. the unit’s unpaid common expenses and regular periodic
9 assessments which accrued or came due during the 12 6 months
10 immediately preceding the acquisition of title and for which
11 payment in full has not been received by the association; or
12 2. One percent of the original mortgage debt. The
13 provisions of this paragraph apply only if the first mortgagee
14 joined the association as a defendant in the foreclosure action.
15 Joinder of the association is not required if, on the date the
16 complaint is filed, the association was dissolved or did not
17 maintain an office or agent for service of process at a location
18 which was known to or reasonably discoverable by the mortgagee.
19 If a first mortgagee or its successor or assignee has not
20 acquired title to an owner-occupied unit 6 months after the date
21 on which a foreclosure action is filed, the first mortgagee or
22 its successor or assignee shall pay to the association the
23 unit’s unpaid common expenses and regular periodic assessments
24 that accrued or came due during the immediately preceding 6
25 months. If a first mortgagee or its successor or assignee has
26 not acquired title to an owner-occupied unit 1 year after the
27 date on which a foreclosure action is filed, the first mortgagee
28 or its successor or assignee shall pay to the association the
29 unit's unpaid common expenses and regular periodic assessments
30 which accrued or came due during the remaining 6 months of the
31 1-year period. The liability of the first mortgagee or its
32 successor or assignee for all unpaid assessments when title to a
33 unit is acquired by foreclosure or by recorded deed in lieu of
34 foreclosure is limited to the payment required under this
35 subparagraph.
36 Section 3. Subsection (2) of section 553.509, Florida
37 Statutes, is repealed.
38 Section 4. Paragraph (c) of subsection (2) of section
39 720.3085, Florida Statutes, is amended to read:
40 720.3085 Payment for assessments; lien claims.—
41 (2)
42 (c) Notwithstanding anything to the contrary contained in
43 this section, the liability of a first mortgagee, or its
44 successor or assignee as a subsequent holder of the first
45 mortgage who acquires title to a parcel by foreclosure or by
46 deed in lieu of foreclosure for the unpaid assessments that
47 became due before the mortgagee’s acquisition of title, shall be
48 for the lesser of:
49 1. the parcel’s unpaid common expenses and regular periodic
50 or special assessments that accrued or came due during the 12
51 months immediately preceding the acquisition of title and for
52 which payment in full has not been received by the association;
53 or
54 2. One percent of the original mortgage debt. If a first
55 mortgagee or its successor or assignee has not acquired title to
56 an owner-occupied unit 6 months after the date on which a
57 foreclosure action is filed, the first mortgagee or its
58 successor or assignee shall pay to the association the unit’s
59 unpaid common expenses and regular periodic assessments which
60 accrued or came due during the immediately preceding 6 months.
61 If a first mortgagee or its successor or assignee has not
62 acquired title to an owner-occupied unit 1 year after the date
63 on which a foreclosure action is filed, the first mortgagee or
64 its successor or assignee shall pay to the association the
65 unit's unpaid common expenses and regular periodic assessments
66 which accrued or came due during the remaining 6 months of the
67 1-year period.
68
69
70 ================= T I T L E A M E N D M E N T ================
71 And the title is amended as follows:
72 Delete lines 155 - 169
73 and insert:
74 assignee pay to the association the unit’s unpaid common
75 expenses and regular periodic assessments which accrued or came
76 due during a specified period under certain circumstances;
77 repealing s. 553.509(2), F.S., relating to the requirement that
78 certain multifamily dwellings have a least one elevator capable
79 of operating on an alternate power source for emergency
80 purposes; amending s. 720.3085, F.S.; requiring that a first
81 mortgagee or its successor or assignee pay to the association
82 the unit’s unpaid common expenses and regular periodic
83 assessments which accrued or came due during a specified period