Florida Statute 714.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 714
UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT

View Entire Chapter

F.S. 714.04

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.

F.S. 714.04 on Google Scholar

F.S. 714.04 on Casetext

Amendments to 714.04

Arrestable Offenses / Crimes under Fla. Stat. 714.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 714.04.

Annotations, Discussions, Cases:

Cases Citing Statute 714.04

Total Results: 3

UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, A/S/O VIRGILIO PEREZ Y. PEREZ AND A/S/O SIRKKA v. LAGUNA RIVIERA CONDOMINIUM ASSOCIATION, INC.

Court: District Court of Appeal of Florida | Date Filed: 2024-05-17

Snippet: because the trial court properly applied section 627.714(4), Florida Statutes (2022), in entering judgment

UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, A/S/O VIRGILIO PEREZ Y. PEREZ AND A/S/O SIRKKA PEREZ v. LAGUNA RIVIERA CONDOMINIUM ASSOCIATION, INC.

Court: District Court of Appeal of Florida | Date Filed: 2024-03-01

Snippet: because the trial court properly applied section 627.714(4), Florida Statutes (2022), in entering judgment

Universal Property & Casualty Insurance Corporation a/s/o Delores Senko v. Grove Isle at Vero Beach Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: retroactive application of amendments to section 627.714(4), Florida Statutes (2021). We conclude the court