Bill Text: FL S1370 | 2024 | Regular Session | Introduced

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Bill Title: Abandoned Residential Real Property

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Banking and Insurance [S1370 Detail]

Download: Florida-2024-S1370-Introduced.html

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       Florida Senate - 2024                                    SB 1370
       
       
        
       By Senator Torres
       
       
       
       
       
       25-00965-24                                           20241370__
    1                        A bill to be entitled                      
    2         An act relating to abandoned residential real
    3         property; creating s. 702.13, F.S.; defining terms;
    4         creating s. 702.14, F.S.; providing applicability;
    5         providing guidelines for what constitutes abandoned
    6         residential real property; creating s. 702.15, F.S.;
    7         authorizing a mortgagee of residential real property
    8         under foreclosure to file a motion to a court of
    9         competent jurisdiction to determine whether the
   10         residential real property is abandoned; requiring the
   11         mortgagee to give certain notice of the hearing to
   12         certain people with an interest in the residential
   13         real property; requiring that the notice contain
   14         certain information; requiring the mortgagee to serve
   15         notice on the residential real property in a certain
   16         manner; providing that the notice is admissible at the
   17         hearing; specifying the required contents of the
   18         notice; requiring the court to hold a hearing within a
   19         certain timeframe; providing the court with a standard
   20         of proof; requiring the court to make certain rulings
   21         in favor of or against the parties presenting
   22         evidence; requiring the court to move to trial of
   23         foreclosure under certain circumstances; requiring the
   24         court to direct the clerk to conduct a public sale of
   25         the residential real property if certain findings are
   26         made at trial; requiring the court to rescind any
   27         order if the mortgagor, lawful occupant, or unknown
   28         owner appears before the issue of sale and provides
   29         reasonable evidence to show the residential real
   30         property is not abandoned; providing an effective
   31         date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 702.13, Florida Statutes, is created to
   36  read:
   37         702.13 Definitions.—As used in ss. 702.13-702.15, the term:
   38         (1) “Abandoned residential real property” means residential
   39  real property that shows no signs of continued occupancy or use
   40  and at least three of the following indications of abandonment:
   41         (a) Furnishings and personal items consistent with
   42  residential habitation are absent.
   43         (b) Gas, electric, or water utility services have been
   44  discontinued.
   45         (c) Multiple windows on the property are boarded up or
   46  closed off, smashed, broken, or unhinged, or multiple window
   47  panes are broken.
   48         (d) Neighbors, passersby, delivery agents, or government
   49  employees have made statements that the property is vacant.
   50         (e) Doors on the property are substantially damaged,
   51  broken, unhinged, or conspicuously open.
   52         (f) The property has been stripped of copper or other
   53  materials, or interior fixtures have been removed.
   54         (g) Law enforcement officials have received at least one
   55  report within the preceding 6 months of trespassing, vandalism,
   56  or other illegal activity on the property.
   57         (h) The property has been declared unfit for occupancy and
   58  been ordered to remain vacant and unoccupied under an order
   59  issued by a county or municipal authority or a court of
   60  competent jurisdiction.
   61         (i) Construction was initiated on the property but was
   62  discontinued before completion, leaving the property unsuitable
   63  for occupancy, and construction has not resumed or taken place
   64  for at least 12 months.
   65         (j) Newspapers, circulars, flyers, or mail have accumulated
   66  on the property, or the United States Postal Service has
   67  discontinued delivery to the property.
   68         (k) Rubbish, trash, debris, neglected vegetation, or
   69  natural overgrowth has accumulated on the property.
   70         (l) Hazardous, noxious, or unhealthy substances or
   71  materials have accumulated on the property.
   72         (m) There has not been any contact with a representative
   73  for the property in question despite credible attempts to
   74  communicate.
   75         (n) Other credible evidence exists indicating the owner’s
   76  intent to vacate and abandon the property.
   77         (2) “Mortgagee” has the same meaning as in s. 701.041.
   78         (3) “Mortgagor” has the same meaning as in s. 701.041.
   79         (4) “Real property” has the same meaning as in s. 475.801.
   80         Section 2. Section 702.14, Florida Statutes, is created to
   81  read:
   82         702.14 Applicability.—This section applies to abandoned
   83  residential real property.
   84         (1) Residential real property is considered abandoned if
   85  one of the following is met:
   86         (a) A government agency or similar representative,
   87  including a court of competent jurisdiction, has determined the
   88  residential real property is abandoned.
   89         (b) The residential real property meets the definition of
   90  abandoned residential real property in s. 702.13.
   91         (2) Residential real property is not considered abandoned
   92  if any of the following apply:
   93         (a) The residential real property is the subject of an
   94  action to quiet title pursuant to s. 65.011, s. 65.021, s.
   95  65.061, or s. 65.071.
   96         (b) The residential real property is the subject of any
   97  probate action pursuant to part I of chapter 733.
   98         (c) The residential real property is the subject of other
   99  litigation in which ownership is in dispute.
  100         (d) The residential real property exists as an unoccupied
  101  building undergoing construction, renovation, or any other
  102  manner of rehabilitation and complies with all applicable
  103  permitting requirements and regulations under relevant code,
  104  ordinance, and law.
  105         Section 3. Section 702.15, Florida Statutes, is created to
  106  read:
  107         702.15 Motion to declare residential real property
  108  abandoned; notice to relevant parties; date of hearing.—
  109         (1) In a case of ongoing foreclosure proceedings involving
  110  residential real property pursuant to s. 702.12, the mortgagee
  111  may file a motion to a court of competent jurisdiction for a
  112  determination that the residential real property is abandoned.
  113  The mortgagee must present evidence demonstrating the mortgaged
  114  residential real property is abandoned pursuant to s. 702.14 and
  115  must be supported by a sworn statement.
  116         (2) The mortgagee shall, upon filing the motion, serve the
  117  motion to all known mortgagors and homeowners pursuant to the
  118  same process as in s. 715.104(3). The notice is admissible at
  119  the hearing and must contain the following:
  120         (a) Notice of the pending motion to declare the residential
  121  real property in question as abandoned. The definition of
  122  abandoned residential real property provided in s. 702.13 must
  123  be in printed text.
  124         (b) A description of potential consequences after a
  125  declaration of abandoned residential real property, including
  126  the possibility of an expeditious foreclosure on the residential
  127  real property.
  128         (c) Copies of all documents supporting the motion for
  129  abandoned residential real property which must be promptly
  130  submitted to the court where the motion is to be heard,
  131  including copies of the evidence intended to be introduced at
  132  the hearing.
  133         (d) All relevant contact information of the court where the
  134  motion is to be heard.
  135         (e) A statement printed on the notice that any mortgagor,
  136  lawful occupant, or other unknown owner may contact the court
  137  where the motion is pending.
  138         (3) The notice described in subsection (2) must be
  139  conspicuously posted upon the disputed property, in 12-point
  140  boldface font.
  141         (4) Upon filing of the motion under subsection (1), the
  142  court shall schedule a hearing to be held not less than 15 days
  143  and not more than 25 days after notice is sent to all interested
  144  parties.
  145         (5) If the court finds by a preponderance of the evidence
  146  that the mortgaged residential real property is abandoned, it
  147  must order a judgment declaring the property abandoned in favor
  148  of the mortgagee. If the court does not find that the mortgaged
  149  residential real property is abandoned, it must deny the motion.
  150  Denial of the motion does not bar a future action for
  151  foreclosure.
  152         (6) The court must deny the motion if a mortgagor, lawful
  153  occupant, or unknown owner pursuant to s. 95.18 appears before
  154  the court to object or files a sworn statement to the court
  155  objecting to the motion.
  156         (7) If the court grants the mortgagee’s motion, it must
  157  immediately proceed to a trial of foreclosure pursuant to
  158  chapter 702.
  159         (8) At the trial of foreclosure, if the court finds that
  160  the abandoned residential real property fits all relevant
  161  requirements necessary for a judgment of foreclosure, the court
  162  must promptly direct the clerk to conduct a public sale of the
  163  abandoned residential real property pursuant to s. 45.031.
  164         (9) The court must rescind any order pursuant to the act if
  165  a mortgagor, lawful occupant, or unknown owner pursuant to s.
  166  95.18 appears before the issue of public sale and presents
  167  reasonable evidence to show the property is not abandoned
  168  residential real property.
  169         Section 4. This act shall take effect July 1, 2024.