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2022 Florida Statutes (Including 2022C, 2022D, 2022A, and 2023B)

Title XL REAL AND PERSONAL PROPERTY
Chapter 714 UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT Entire Chapter
SECTION 07
Disqualification from appointment as receiver; disclosure of interest.
F.S. 714.07
714.07 Disqualification from appointment as receiver; disclosure of interest.—
(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 person:
(a) Is an affiliate of a party;
(b) Has an interest materially adverse to an interest of a party;
(c) Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;
(d) Has a debtor-creditor relationship with a party; or
(e) Holds an equity interest in a party, other than a noncontrolling interest in a publicly traded company.
(3) A person is not disqualified from appointment as receiver solely because the person:
(a) Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;
(b) Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or
(c) Maintains with a party a deposit account, as defined in s. 679.1021.
(4) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.
History.—s. 1, ch. 2020-106.