| 1 | A bill to be entitled |
| 2 | An act relating to real property registration; providing a |
| 3 | short title; providing definitions; requiring the |
| 4 | Department of Financial Services to establish a statewide |
| 5 | Internet registry of certain vacant, abandoned, or |
| 6 | foreclosure-proposed properties for certain purposes; |
| 7 | authorizing the department to charge a fee for registry |
| 8 | filings; requiring lenders to file with the registry |
| 9 | certain information on certain properties; providing |
| 10 | additional information requirements; requiring lenders to |
| 11 | periodically determine the vacant or abandoned status of |
| 12 | certain properties in mortgage default; specifying |
| 13 | additional required information; providing additional |
| 14 | penalties; requiring lenders and the department to notify |
| 15 | local governments of properties on the registry; requiring |
| 16 | local governments to establish an e-mail address for |
| 17 | receiving such notices; providing duties of lenders and |
| 18 | local governments; requiring lenders initiating |
| 19 | foreclosure proceedings to include certain information in |
| 20 | the filings for foreclosure; providing for dismissal of |
| 21 | foreclosure proceedings under certain circumstances; |
| 22 | providing for award of certain costs; authorizing lenders |
| 23 | to correct failures to include specified information and |
| 24 | deposit certain amounts into the court registry for |
| 25 | certain purposes; authorizing local governments to enter |
| 26 | properties listed on the registry for certain examination |
| 27 | purposes; providing limitations; requiring local |
| 28 | governments to notify lenders of intent to enter certain |
| 29 | properties for certain purposes; prohibiting local |
| 30 | governments from entering such properties under certain |
| 31 | circumstances; authorizing lenders to certify to local |
| 32 | governments that certain properties have been inspected |
| 33 | and meet certain criteria; providing penalties; providing |
| 34 | for nonapplication to legally occupied properties; |
| 35 | providing local governments with immunity from prosecution |
| 36 | under certain circumstances; providing an exception; |
| 37 | requiring local governments to notify certain persons of |
| 38 | certain conditions of properties listed on the registry; |
| 39 | authorizing local governments to correct or repair such |
| 40 | conditions and recover the full costs of such repairs or |
| 41 | corrections; providing for superiority of liens for such |
| 42 | costs; providing requirements; specifying abandoned |
| 43 | property as nonhomestead property; protecting the right of |
| 44 | local governments to inspect properties under certain |
| 45 | circumstances; prohibiting local governments from |
| 46 | maintaining separate local property registries; requiring |
| 47 | local governments to transmit any local property registry |
| 48 | information to the department; providing information |
| 49 | requirements for lenders initiating foreclosure actions; |
| 50 | prohibiting issuance of final judgments of foreclosure and |
| 51 | sales of property in foreclosure actions under certain |
| 52 | circumstances; authorizing groups of lenders to establish |
| 53 | a separate reporting system under certain circumstances; |
| 54 | providing requirements; providing an effective date. |
| 55 |
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| 56 | Be It Enacted by the Legislature of the State of Florida: |
| 57 |
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| 58 | Section 1. (1) This section may be cited as the "Vacant |
| 59 | or Abandoned Real Property Registration, Maintenance, and |
| 60 | Foreclosure Reporting Act." |
| 61 | (2) For purposes of this section, the term: |
| 62 | (a) "Abandoned property" means property that is not |
| 63 | legally occupied by any person, is no longer being maintained, |
| 64 | and constitutes a nuisance as described in s. 823.01, Florida |
| 65 | Statutes. |
| 66 | (b) "Department" means the Department of Financial |
| 67 | Services. |
| 68 | (c) "Legal agent" means an employee or designee of a |
| 69 | lender designated by the lender for purposes of receiving legal |
| 70 | notices relating to real property. |
| 71 | (d) "Maintenance agent" means an employee or designee of a |
| 72 | lender designated by the lender for purposes of maintaining the |
| 73 | condition of real property. |
| 74 | (e) "Vacant property" means land upon which no structure |
| 75 | has been erected and constitutes a nuisance as described in s. |
| 76 | 823.01, Florida Statutes. |
| 77 | (3)(a) The department shall establish a statewide Internet |
| 78 | registry of each property specified in subsection (4) containing |
| 79 | the information required by this section. |
| 80 | (b) The department shall use the filings in the registry |
| 81 | to provide statistical information concerning vacant or |
| 82 | abandoned property and property foreclosures. |
| 83 | (c) The department may charge a fee for each filing of |
| 84 | information of property listed in the registry. Such fee may not |
| 85 | exceed the actual costs of recording such information in the |
| 86 | registry and notifying local governments. |
| 87 | (4)(a) Each lender holding a mortgage on vacant or |
| 88 | abandoned real property that the lender takes action to |
| 89 | maintain, which may be pursuant to criteria established by the |
| 90 | Federal National Mortgage Association, under the rights provided |
| 91 | in the securing mortgage documents or with respect to which the |
| 92 | lender prepares legal documents to be filed for purposes of |
| 93 | foreclosing on the mortgaged property, whichever occurs first, |
| 94 | shall file with the registry a description of such real |
| 95 | property, including the property owner's name, the address of |
| 96 | the property, and the lender's loan number together with the |
| 97 | lender's name, the lender's legal agent and maintenance agent, |
| 98 | and the agents' addresses, telephone numbers, and e-mail |
| 99 | addresses. The department may require such other information the |
| 100 | department deems necessary to fulfill the intent and purpose of |
| 101 | this section. The lender's legal agent and maintenance agent may |
| 102 | be the same person. The lender shall also notify the appropriate |
| 103 | local government of the filing of such information with the |
| 104 | registry as required in subsection (5). |
| 105 | (b) At least once every 2 months after a mortgagor is in |
| 106 | default on a mortgage, as evidenced by written notification from |
| 107 | the lender to the mortgagor, the lender shall determine if the |
| 108 | property is vacant or abandoned and shall include the |
| 109 | information required in paragraph (a), including the date of any |
| 110 | inspection, into the registry upon filing. Failure to complete |
| 111 | the determination or include the results of the determination |
| 112 | into the registry shall result in an additional penalty of $500 |
| 113 | at the time of filing. Such additional penalty shall be used to |
| 114 | satisfy any local government liens upon the premises that |
| 115 | accrued prior to the filing in the registry and any excess |
| 116 | penalty moneys shall be retained by the department. |
| 117 | (5)(a) The department shall provide a copy of the registry |
| 118 | filing and any registry filing updates by e-mail to the local |
| 119 | government within the jurisdiction of which the property is |
| 120 | located. Each local government shall establish an e-mail address |
| 121 | for purposes of receiving copies of such registry filings. |
| 122 | (b)1. A local government shall electronically confirm with |
| 123 | the registry the receipt of each such registry filing received |
| 124 | from the department, and the registry shall notify the legal |
| 125 | agent by e-mail certifying receipt by the local government. If |
| 126 | the lender does not receive such certification, the lender shall |
| 127 | provide by certified mail with proof of delivery to the local |
| 128 | government the information specified in subsection (4) and |
| 129 | electronically notify the registry of such action. |
| 130 | 2. A local government that receives a confirmation in |
| 131 | error shall electronically notify the registry of the error, and |
| 132 | the registry shall notify the legal agent by e-mail. |
| 133 | 3. When a lender is notified that a local government |
| 134 | received a notice in error, the lender shall correct the filing |
| 135 | in the registry and ensure that the correct local government |
| 136 | receives the notification required by this section. |
| 137 | (c) Whenever any lender information is changed, the lender |
| 138 | shall update the registry, including the time the lender |
| 139 | initiates proceedings to foreclose the mortgage on any property |
| 140 | listed in the registry, complying with the requirements of |
| 141 | paragraphs (a) and (b). |
| 142 | (d) When a lender retains legal counsel to pursue a |
| 143 | mortgage collection action or foreclosure action or files |
| 144 | foreclosure proceedings in court, the lender shall include proof |
| 145 | of the registry filing certifying that the proper local |
| 146 | government has received mortgage collection or foreclosure |
| 147 | notification through the registry or through certified mail with |
| 148 | proof of delivery as provided in this subsection. Failure to |
| 149 | include such information shall cause the mortgage collection or |
| 150 | foreclosure action to be dismissed and costs shall be assessed |
| 151 | against the lender, or the lender may correct the failure to |
| 152 | include such proof before such dismissal and deposit the sum of |
| 153 | $1,000 into the court registry to be used to pay any outstanding |
| 154 | liens of the local government if the local government chooses to |
| 155 | maintain the property. |
| 156 | (6)(a) Except as provided in paragraphs (b) and (c), after |
| 157 | a property is listed in the registry, the local government may |
| 158 | physically enter upon the premises of the property in the normal |
| 159 | course of property inspections under the same legal authority |
| 160 | possessed by the lender to enter upon such property, not more |
| 161 | often than once every 3 months, for the purpose of examining the |
| 162 | property to ensure that the property is properly secured and is |
| 163 | not a danger to the surrounding area. If during the inspection |
| 164 | the local government observes violations of local government |
| 165 | ordinances, the local government may issue notices to require |
| 166 | correction of the violations. However, at least 10 days prior to |
| 167 | entering the property for purposes of such examination, the |
| 168 | local government shall electronically notify the maintenance |
| 169 | agent of the proposed inspection, including the date and time of |
| 170 | the proposed inspection, and the lender's maintenance agent may |
| 171 | accompany the local government's inspectors during such |
| 172 | inspection. |
| 173 | (b) Notwithstanding paragraph (a), a local government may |
| 174 | not enter upon the premises of any property of the lender listed |
| 175 | on the registry to perform any inspection under paragraph (a) if |
| 176 | the lender certifies to the local government under oath that the |
| 177 | lender has conducted a physical inspection of the property |
| 178 | within 10 days after the notice provided by the local government |
| 179 | required under paragraph (a) and that the property is secure, is |
| 180 | not a danger to the surrounding area, and is in compliance with |
| 181 | the local government's ordinances. The inspection conducted by |
| 182 | the lender must include the name, business address, e-mail |
| 183 | address, and telephone number of the inspector and the date of |
| 184 | the physical inspection. If it is later determined that the |
| 185 | inspection is fraudulent, the lender and inspector shall be |
| 186 | subject to a civil penalty as provided in s. 501.2075, Florida |
| 187 | Statutes. If it is later determined that the inspection is |
| 188 | incorrect or fraudulent, the local government may immediately |
| 189 | proceed to inspect and enforce the provisions of this |
| 190 | subsection. |
| 191 | (c) Paragraph (a) does not apply to legally occupied |
| 192 | properties. |
| 193 | (d) If a local government enters upon the premises of any |
| 194 | property under this subsection for purposes of this subsection, |
| 195 | the local government shall be immune from prosecution except for |
| 196 | negligence on the part of officials of the local government in |
| 197 | conducting inspections and maintaining the property. |
| 198 | (7) If any property listed in the registry is broken into |
| 199 | or vandalized, violates the local government's ordinances, or |
| 200 | otherwise falls into disrepair or becomes uninhabitable, the |
| 201 | local government may notify the maintenance agent. If, after |
| 202 | providing such notice, the property remains unsecured or |
| 203 | vandalized, in violation of the local government's laws, or in |
| 204 | disrepair or uninhabitable, the local government may, but is not |
| 205 | required to, initiate repairs and recover the full amount of the |
| 206 | cost of such repairs from the lender. If the local government |
| 207 | initiates repairs, the local government is not required to |
| 208 | continue such repairs under s. 162.09, Florida Statutes. Such |
| 209 | costs shall be assessed against the property and shall |
| 210 | constitute a lien on such property equal in priority to real |
| 211 | property taxes, including any post lis pendens assessment filed |
| 212 | by the local government, which shall be deemed valid, during a |
| 213 | foreclosure proceeding, and shall be superior to all mortgage |
| 214 | liens and other liens or judgments against such property, which |
| 215 | must be satisfied in full upon sale of the property occurring as |
| 216 | a result of the foreclosure proceeding or upon settlement or |
| 217 | dismissal in the proceeding, if the local government complies |
| 218 | with the following: |
| 219 | (a) The property must be cited by the local government's |
| 220 | code enforcement agency through the local government's code |
| 221 | enforcement process, nuisance abatement process, or unsafe |
| 222 | structure process, which citation, in addition to any other |
| 223 | required notifications, must also be provided electronically to |
| 224 | the lender's legal agent, and the local government must conduct |
| 225 | a hearing, as is typically provided in such processes, to allow |
| 226 | the lender to dispute the evidence or present evidence of its |
| 227 | intent to secure and repair the property. |
| 228 | (b) If the lender fails to comply with the decision of the |
| 229 | local government's code enforcement agency, the local government |
| 230 | may proceed to initiate and complete repairs and secure the |
| 231 | property. Thereafter, the local government may record a lien |
| 232 | assessing the property for such expenses in the public records |
| 233 | of the county and may also proceed to enforce collection of such |
| 234 | lien as provided in this section or in the same manner as other |
| 235 | liens and assessments of the local government. |
| 236 | (8) Property that has been abandoned by the property owner |
| 237 | shall no longer be deemed to be homestead property. |
| 238 | (9) This section does not prohibit a local government from |
| 239 | inspecting property and enforcing its laws or from exercising |
| 240 | any other remedies available to local governments as provided by |
| 241 | law. Additionally, if the real property poses an immediate |
| 242 | danger to the public health, safety, and welfare, the local |
| 243 | government may take any authorized action provided by law, and |
| 244 | the costs of correcting the immediate danger shall hold the same |
| 245 | status as an assessment provided in subsection (7). |
| 246 | (10) Upon the effective date of this section and upon the |
| 247 | implementation of the registry, a local government may not |
| 248 | maintain a separate local registry for lenders to file |
| 249 | descriptions of property as provided in subsection (3). Any |
| 250 | registration information held by a local government in any type |
| 251 | of local registry shall be transmitted electronically to the |
| 252 | registry by August 1, 2009, or at such time that the department |
| 253 | notifies the local government that the department is ready to |
| 254 | receive the information, whichever occurs later. |
| 255 | (11) Any lender that has initiated mortgage foreclosure |
| 256 | proceedings on a property subject to filing requirements with |
| 257 | the registry under this section by filing a foreclosure claim in |
| 258 | a foreclosure action in court prior to the effective date of |
| 259 | this section and a sale of the property has not occurred |
| 260 | pursuant to a final judgment of foreclosure or a decree of |
| 261 | foreclosure in the foreclosure action, shall comply with the |
| 262 | requirements of this section, and a final judgment of |
| 263 | foreclosure ordering the property to be sold may not be issued |
| 264 | and a sale of the property may not be made until after the |
| 265 | lender files with the court in the foreclosure proceeding the |
| 266 | required notice showing compliance in notifying the registry and |
| 267 | local government as required by this section. |
| 268 | (12) Notwithstanding the registry reporting requirements |
| 269 | of this section and subject to approval by the department, a |
| 270 | group of lenders may provide a separate system of reporting the |
| 271 | information required under this section to the department and to |
| 272 | affected local governments, provided the system satisfies the |
| 273 | reporting requirements of this section. Such lenders shall be |
| 274 | subject to the other requirements of this section. |
| 275 | Section 2. This act shall take effect July 1, 2009. |