HB 0181

1
A bill to be entitled
2An act relating to enforcement of instruments; amending s.
3673.3091, F.S.; providing additional instrument
4enforcement authority under certain circumstances;
5providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Subsection (1) of section 673.3091, Florida
10Statutes, is amended to read:
11     673.3091  Enforcement of lost, destroyed, or stolen
12instrument.--
13     (1)  A person not in possession of an instrument is
14entitled to enforce the instrument if:
15     (a)  The person seeking to enforce was in possession of the
16instrument was and entitled to enforce the instrument it when
17loss of possession occurred, or has directly or indirectly
18acquired ownership of the instrument from a person who was
19entitled to enforce the instrument when loss of possession
20occurred;
21     (b)  The loss of possession was not the result of a
22transfer by the person or a lawful seizure; and
23     (c)  The person cannot reasonably obtain possession of the
24instrument because the instrument was destroyed, its whereabouts
25cannot be determined, or it is in the wrongful possession of an
26unknown person or a person that cannot be found or is not
27amenable to service of process.
28     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.