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Florida Statute 702.035 - Full Text and Legal Analysis Florida Statute 702.035 | Lawyer Caselaw & Research
Fla. Stat. § 702.035 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
702.035 Legal notice concerning foreclosure proceedings.—Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of the petitioner or petitioner’s attorney to place such advertisement, publication, or notice. For counties with more than 1 million total population as reflected in the 2000 Official Decennial Census of the United States Census Bureau as shown on the official website of the United States Census Bureau, any notice of publication required by this section shall be deemed to have been published in accordance with the law if the notice is published in a newspaper that has been entered as a periodical matter at a post office in the county in which the newspaper is published, is published a minimum of 5 days a week, exclusive of legal holidays, and has been in existence and published a minimum of 5 days a week, exclusive of legal holidays, for 1 year or is a direct successor to a newspaper that has been in existence for 1 year that has been published a minimum of 5 days a week, exclusive of legal holidays. The advertisement, publication, or notice shall be placed directly by the attorney for the petitioner, by the petitioner if acting pro se, or by the clerk of the court. Only the actual costs charged by the newspaper for the advertisement, publication, or notice may be charged as costs in the action.
History.—s. 4, ch. 2001-215; s. 7, ch. 2006-175; s. 2, ch. 2007-185.

Cases Citing F.S. 702.035

Fla. Stat. § 702.035 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·In Re Holywell Corp., Debtor. (Two Cases) Fred Stanton Smith, as Tr. of the Miami Ctr. Liquidating Trust v. United States of Am., Holywell Corp., Miami Ctr. Ltd. P'ship, Miami Ctr. Corp., Chopin Assocs., Theodore B. Gould, Shutts & Bowen, Intervenor, Bank of New York, Fred Stanton Smith, as Tr. of the Miami Ctr. Liquidating Trust v. United States of Am., Holywell Corp., Miami Ctr. Ltd. P'ship, Miami Ctr. Corp., Chopin Assocs., Theodore B. Gould, Shutts & Bowen, Intervenor, Bank of New York, 911 F.2d 1539 (11th Cir. 1990).

Cited 14 times | Published | Court of Appeals for the Eleventh Circuit | 66 A.F.T.R.2d (RIA) 5625, 1990 U.S. App. LEXIS 16366, 20 Bankr. Ct. Dec. (CRR) 1603

appointed under 11 U.S.C. Sec. 1104 or section 702. 35 The legislative history of section
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Cited as authorityHolywell (1992)
phrase: "rule_authority"
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·Whitburn, LLC v. Wells Fargo Bank, N.A., 190 So. 3d 1087 (Fla. 2d DCA 2015).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 18951, 2015 WL 9258474

...On November 14, 2014, Whitburn filed another emergency motion to cancel sale, again asserting its status as record title owner of the property and alleging that Wells Fargo failed to comply with section 701.04. Whitburn also alleged that the notice of sale failed to comply with section 702.035, Florida Statutes (2014)....
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Cited as authorityHUTCHINS (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2020)
phrase: "rule_authority"
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·Davis v. Karr, 264 So. 3d 279 (Fla. 5th DCA 2019).

Cited 2 times | Published | Florida 5th District Court of Appeal

...General or the state attorney of the judicial circuit in which the action is pending. Here, no such notice was provided. See Shelton v. Bank of N.Y. Mellon , 203 So.3d 1003 , 1005 (Fla. 2d DCA 2016) (declining to consider constitutional challenge to section 702.035, Florida Statutes, because there was no record indication that the appellant complied with rule 1.071 by serving either the Attorney General or state attorney); Diaz v....
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Cited as authorityDaddono (2022)
phrase: "rule_authority"
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·Shelton v. The Bank of New York Mellon, 203 So. 3d 1003 (Fla. 2d DCA 2016).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 16641

it did not comply with section 702.035, Florida Statutes (2014). Section 702.035, titled “Legal notice
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Cited as authority(citing case) (2019)
phrase: "rule_authority"
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Davis v. Karr, 264 So. 3d 279 (Fla. 5th DCA 2019).

Published | Florida 5th District Court of Appeal

...General or the state attorney of the judicial circuit in which the action is pending. Here, no such notice was provided. See Shelton v. Bank of N.Y. Mellon , 203 So.3d 1003 , 1005 (Fla. 2d DCA 2016) (declining to consider constitutional challenge to section 702.035, Florida Statutes, because there was no record indication that the appellant complied with rule 1.071 by serving either the Attorney General or state attorney); Diaz v....

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.