Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 798
       
       
       
       
       
       
                                Ì582410lÎ582410                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/24/2014           .                                
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       The Committee on Appropriations (Ring) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 668 - 691
    4  and insert:
    5         (1)(a) A unit owner, regardless of how his or her title has
    6  been acquired, including by purchase at a foreclosure sale or by
    7  deed in lieu of foreclosure, is liable for all assessments which
    8  come due while he or she is the unit owner. Additionally, a unit
    9  owner is jointly and severally liable with the previous owner
   10  for all unpaid assessments that came due up to the time of
   11  transfer of title. This liability is without prejudice to any
   12  right the owner may have to recover from the previous owner the
   13  amounts paid by the owner. For the purposes of this paragraph,
   14  the term “previous owner” does not include an association that
   15  acquires title to a delinquent property through foreclosure or
   16  by deed in lieu of foreclosure. The present unit owner’s
   17  liability for unpaid assessments is limited to any unpaid
   18  assessments that accrued before the association acquired title
   19  to the delinquent property through foreclosure or by deed in
   20  lieu of foreclosure.
   21         Section 11. Subsection (1) of section 719.108, Florida
   22  Statutes, is amended to read:
   23         719.108 Rents and assessments; liability; lien and
   24  priority; interest; collection; cooperative ownership.—
   25         (1) A unit owner, regardless of how title is acquired,
   26  including, without limitation, a purchaser at a judicial sale,
   27  shall be liable for all rents and assessments coming due while
   28  the unit owner is in exclusive possession of a unit. In a
   29  voluntary transfer, the unit owner in exclusive possession shall
   30  be jointly and severally liable with the previous unit owner for
   31  all unpaid rents and assessments against the previous unit owner
   32  for his or her share of the common expenses up to the time of
   33  the transfer, without prejudice to the rights of the unit owner
   34  in exclusive possession to recover from the previous unit owner
   35  the amounts paid by the unit owner in exclusive possession
   36  therefor. For the purposes of this paragraph, the term “previous
   37  unit owner” does not include an association that acquires title
   38  to a delinquent property through foreclosure or by deed in lieu
   39  of foreclosure. The present unit owner’s liability for unpaid
   40  assessments is limited to any unpaid assessments that accrued
   41  before the association acquired title to the delinquent property
   42  through foreclosure or by deed in lieu of foreclosure.
   43  
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete lines 46 - 51
   47  and insert:
   48         F.S.; clarifying the meaning of the term “previous
   49         owner”; limiting the present owner’s liability for
   50         unpaid assessments to those that accrued before the
   51         association acquired title; amending s. 719.108, F.S.;
   52         clarifying the meaning of the term “previous unit
   53         owner”; limiting the present unit owner’s liability
   54         for unpaid assessments to those that accrued before
   55         the association acquired title;