reglab/housing_qa huggingface dataset:
FL Stat § 712.12 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 712 - Marketable Record Titles to Real Property|712.12 - Covenant or Restriction Revitalization by Parcel Owners Not Subject to a Homeowners’ Association.

712.12 Covenant or restriction revitalization by parcel owners not subject to a homeowners’ association.—(1) As used in this section, the term:(a) “Community” means the real property that is subject to a covenant or restriction that is recorded in the county where the property is located.(b) “Covenant or restriction” means any agreement or limitation imposed by a private party and not required by a governmental agency as a condition of a development permit, as defined in s. 163.3164, which is contained in a document recorded in the public records of the county in which a parcel is located and which subjects the parcel to any use restriction that may be enforced by a parcel owner.(c) “Parcel” means real property that is used for residential purposes and that is subject to exclusive ownership and any covenant or restriction that may be enforced by a parcel owner.(d) “Parcel owner” means the record owner of legal title to a parcel.(2) The parcel owners of a community not subject to a homeowners’ association may use the procedures set forth in ss. 720.403-720.407 to revive covenants or restrictions that have lapsed under the terms of this chapter, except:(a) A reference to a homeowners’ association or articles of incorporation or bylaws of a homeowners’ association under ss. 720.403-720.407 is not required to revive the covenants or restrictions.(b) The approval required under s. 720.405(6) must be in writing, and not at a meeting.(c) The requirements under s. 720.407(2) may be satisfied by having the organizing committee execute the revived covenants or restrictions in the name of the community.(d) The indexing requirements under s. 720.407(3) may be satisfied by indexing the community name in the covenants or restrictions as the grantee and the parcel owners as the grantors.(3) With respect to any parcel that has ceased to be governed by covenants or restrictions as of October 1, 2018, the parcel owner may commence an action by October 1, 2019, for a judicial determination that the covenants or restrictions did not govern that parcel as of October 1, 2018, and that any revitalization of such covenants or restrictions as to that parcel would unconstitutionally deprive the parcel owner of rights or property.(4) Revived covenants or restrictions that are implemented pursuant to this section do not apply to or affect the rights of the parcel owner which are recognized by any court order or judgment in any action commenced by October 1, 2019, and any such rights so recognized may not be subsequently altered by revived covenants or restrictions implemented under this section without the consent of the affected parcel owner.History.—s. 6, ch. 2018-55.
FL Stat § 714.01 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.01 - Short Title.

714.01 Short title.—This chapter may be cited as the “Uniform Commercial Real Estate Receivership Act.”History.—s. 1, ch. 2020-106.
FL Stat § 714.03 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.03 - Notice and Opportunity for Hearing.

714.03 Notice and opportunity for hearing.—(1) Except as otherwise provided in subsection (2), the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate under the circumstances.(2) The court may issue an order under this chapter without written or oral notice to the adverse party only if:(a) It appears from the specific facts shown by affidavit or verified pleading or motion that immediate and irreparable injury, loss, or damage will result to the movant or that waste, dissipation, impairment, or substantial diminution in value will result to the subject real estate before any adverse party can be heard in opposition; and(b) The movant’s attorney certifies in writing all efforts that have been made to give notice to all known adverse parties, or the reasons why such notice should not be required.(3) Only an affidavit, a declaration or a verified pleading, or a motion may be used to support the application for the appointment of a receiver, unless the adverse party appears at the hearing or has received reasonable prior notice of the hearing. Every order appointing a receiver without notice must be endorsed with the date and hour of entry, must be filed forthwith in the clerk’s office, must define the injury, must state findings by the court as to why the injury may be irreparable, and must give the reasons why the order was granted without notice if notice was not given. The order appointing a receiver shall remain in effect until the further order of the court.(4) This chapter does not displace any existing rule of procedural or judicial administration of this state governing service or notice, including, without limitation, Rule 1.070, Florida Rules of Civil Procedure, and Rule 2.525, Florida Rules of Judicial Administration, which shall remain in full force and effect.History.—s. 1, ch. 2020-106.
FL Stat § 714.04 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.04 - Scope; Exclusions.

714.04 Scope; exclusions.—(1) This chapter applies to a receivership initiated in a court of this state for an interest in real property and any incidental personal property related to or used in operating the real property.(2) This chapter does not apply to:(a) Actions in which a state agency or officer is expressly authorized by statute to seek or obtain the appointment of a receiver;(b) Actions authorized by or commenced under federal law;(c) Real property improved by one or two dwelling units which includes the homestead of an individual owner or an affiliate of an individual owner;(d) Property of an individual exempt from forced sale, execution, or seizure under the laws of this state; or(e) Personal property of an individual which is used primarily for personal, family, or household purposes.(3) This chapter does not limit the authority of a court to appoint a receiver under the laws of this state other than this chapter.(4) This chapter does not limit an individual’s homestead rights under the laws of this state or federal law.(5) Unless displaced by a particular provision of this chapter, the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, supplement this chapter.History.—s. 1, ch. 2020-106.
FL Stat § 714.05 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.05 - Power of the Court.

714.05 Power of the court.—The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.History.—s. 1, ch. 2020-106.
FL Stat § 714.07 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.07 - Disqualification From Appointment as Receiver; Disclosure of Interest.

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.
FL Stat § 714.08 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.08 - Receiver’s Bond; Alternative Security.

714.08 Receiver’s bond; alternative security.—(1) Except as otherwise provided in subsection (2), a receiver shall post with the court a bond that:(a) Is conditioned on the faithful discharge of the receiver’s duties;(b) Has one or more sureties approved by the court;(c) Is in an amount the court specifies; and(d) Is effective as of the date of the receiver’s appointment.(2) The court may approve the receiver posting an alternative security with the court, such as a letter of credit or deposit of funds. The receiver may not use receivership property as alternative security. Interest that accrues on deposited funds must be paid to the receiver upon the receiver’s discharge.(3) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section if the action is necessary to prevent or mitigate immediate injury, loss, or damage to the party who sought the appointment of the receiver, or immediate waste, dissipation, impairment, or substantial diminution in value to the receivership property.(4) A claim against a receiver’s bond or alternative security must be made not later than 1 year after the date the receiver is discharged.History.—s. 1, ch. 2020-106.
FL Stat § 714.09 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.09 - Status of Receiver as Lien Creditor.

714.09 Status of receiver as lien creditor.—Upon appointment of a receiver, the receiver has the status of a lien creditor under:(1) Chapter 679 as to receivership property or fixtures; and(2) Chapter 695 as to receivership property that is real property.History.—s. 1, ch. 2020-106.
FL Stat § 714.10 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.10 - Security Agreement Covering After-Acquired Property.

714.10 Security agreement covering after-acquired property.—Except as otherwise provided by law other than this chapter, property that a receiver or an owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.History.—s. 1, ch. 2020-106.
FL Stat § 714.11 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.11 - Collection and Turnover of Receivership Property.

714.11 Collection and turnover of receivership property.—(1) Unless the court orders otherwise, on demand by a receiver:(a) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment; and(b) Subject to subsection (3), a person that has possession, custody, or control of receivership property shall turn the property over to the receiver.(2) A person that has notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner.(3) If a creditor has possession, custody, or control of receivership property and the validity, perfection, or priority of the creditor’s lien on the property depends on the creditor’s possession, custody, or control, the creditor may retain possession, custody, or control until the court orders adequate protection of the creditor’s lien.(4) Unless a bona fide dispute exists about a receiver’s right to possession, custody, or control of receivership property, the court may sanction as civil contempt a person’s failure to turn the property over when required by this section.History.—s. 1, ch. 2020-106.
FL Stat § 714.13 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.13 - Duties of Owner.

714.13 Duties of owner.—(1) An owner shall:(a) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver’s duties;(b) Preserve and turn over to the receiver all receivership property in the owner’s possession, custody, or control;(c) Identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owner’s possession, custody, or control;(d) Upon subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities, and financial condition of the owner or any matter relating to the receivership property or the receivership; and(e) Perform any duty imposed by court order, this chapter, or the laws of this state other than this chapter.(2) If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee, or other person exercising or having the power to exercise control over the affairs of the owner.(3) If a person knowingly fails to perform a duty imposed by this section, the court may:(a) Award the receiver actual damages caused by the person’s failure, reasonable attorney fees, and costs; and(b) Sanction the failure as civil contempt.History.—s. 1, ch. 2020-106.
FL Stat § 714.15 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.15 - Engagement and Compensation of Professional.

714.15 Engagement and compensation of professional.—(1) With court approval, a receiver may engage an attorney, an accountant, an appraiser, an auctioneer, a broker, or another professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court:(a) The identity and qualifications of the professional;(b) The scope and nature of the proposed engagement;(c) Any potential conflict of interest; and(d) The proposed compensation.(2) A person is not disqualified from engagement under this section solely because of the person’s engagement by, representation of, or other relationship with the receiver, a creditor, or a party. This chapter does not prevent the receiver from serving in the receivership as an attorney, an accountant, an auctioneer, or a broker when authorized by law.(3) A receiver or professional engaged under subsection (1) shall file with the court an itemized statement of the time spent, work performed, and billing rate of each person that performed the work and an itemized list of expenses. The receiver shall pay the amount approved by the court.History.—s. 1, ch. 2020-106.
FL Stat § 714.18 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.18 - Defenses and Immunities of Receiver.

714.18 Defenses and immunities of receiver.—(1) A receiver is entitled to all defenses and immunities provided by the laws of this state other than this chapter for an act or omission within the scope of the receiver’s appointment.(2) A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver.History.—s. 1, ch. 2020-106.
FL Stat § 714.19 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.19 - Interim Report of Receiver.

714.19 Interim report of receiver.—A receiver may file or, if ordered by the court, shall file an interim report that includes:(1) The activities of the receiver since appointment or a previous report;(2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver;(3) Receipts and dispositions of receivership property;(4) Fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses; and(5) Any other information required by the court.History.—s. 1, ch. 2020-106.
FL Stat § 714.20 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.20 - Notice of Appointment; Claim Against Receivership; Distribution to Creditors.

714.20 Notice of appointment; claim against receivership; distribution to creditors.—(1) Except as otherwise provided in subsection (6), a receiver shall give notice of appointment of the receiver to creditors of the owner by:(a) Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known address of each creditor; and(b) Publication as directed by the court.(2) Except as otherwise provided in subsection (6), the notice required under subsection (1) must specify the date by which each creditor holding a claim against the owner which arose before appointment of the receiver must submit the claim to the receiver. The date specified must be at least 90 days after the later of notice under paragraph (1)(a) or last publication under paragraph (1)(b). The court may extend the period for submitting the claim. Unless the court orders otherwise, a claim that is not timely submitted is not entitled to a distribution from the receivership.(3) A claim submitted by a creditor under this section must:(a) State the name and address of the creditor;(b) State the amount and basis of the claim;(c) Identify any property securing the claim;(d) Be signed by the creditor under penalty of perjury; and(e) Include a copy of any record on which the claim is based.(4) An assignment by a creditor of a claim against the owner is effective against the receiver only if the assignee gives timely notice of the assignment to the receiver in a signed record.(5) At any time before entry of an order approving a receiver’s final report, the receiver may file with the court an objection to a claim of a creditor, stating the basis for the objection. The court shall allow or disallow the claim according to the laws of this state other than this chapter.(6) If the court concludes that receivership property is likely to be insufficient to satisfy claims of each creditor holding a perfected lien on the property, the court may order that:(a) The receiver need not give notice under subsection (1) of the appointment to all creditors of the owner, but only such creditors as the court directs; and(b) Unsecured creditors need not submit claims under this section.(7) Subject to s. 714.21:(a) A distribution of receivership property to a creditor holding a perfected lien on the property must be made in accordance with the creditor’s priority under the laws of this state other than this chapter; and(b) A distribution of receivership property to a creditor with an allowed unsecured claim must be made as the court directs according to the laws of this state other than this chapter.History.—s. 1, ch. 2020-106.
FL Stat § 714.21 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.21 - Fees and Expenses.

714.21 Fees and expenses.—(1) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.(2) The court may order one or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorney fees and costs:(a) A person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses; or(b) A person whose conduct justified or would have justified the appointment of the receiver under s. 714.06(1)(a).History.—s. 1, ch. 2020-106.
FL Stat § 714.22 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.22 - Removal of Receiver; Replacement; Termination of Receivership.

714.22 Removal of receiver; replacement; termination of receivership.—(1) The court may remove a receiver for cause.(2) The court shall replace a receiver that dies, resigns, or is removed.(3) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged.(4) The court may discharge a receiver and terminate the court’s administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership. If the court finds that the appointment was sought wrongfully or in bad faith, the court may assess against the person that sought the appointment:(a) The fees and expenses of the receivership, including reasonable attorney fees and costs; and(b) Actual damages caused by the appointment, including reasonable attorney fees and costs.History.—s. 1, ch. 2020-106.
FL Stat § 714.23 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 714 - Uniform Commercial Real Estate Receivership Act|714.23 - Final Report of Receiver; Discharge.

714.23 Final report of receiver; discharge.—(1) Upon completion of a receiver’s duties, the receiver shall file a final report including:(a) A description of the activities of the receiver in the conduct of the receivership;(b) A list of receivership property at the commencement of the receivership and any receivership property received during the receivership;(c) A list of disbursements, including payments to professionals engaged by the receiver;(d) A list of dispositions of receivership property;(e) A list of distributions made or proposed to be made from the receivership for creditor claims;(f) If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and(g) Any other information required by the court.(2) If the court approves a final report filed under subsection (1) and the receiver distributes all receivership property, the receiver is discharged.History.—s. 1, ch. 2020-106.