Florida Statute 714.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 714
UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT

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F.S. 714.13

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.

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Amendments to 714.13

Arrestable Offenses / Crimes under Fla. Stat. 714.13

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 714.13.

Annotations, Discussions, Cases:

Cases Citing Statute 714.13

Total Results: 2

Eger v. State

Court: District Court of Appeal of Florida | Date Filed: 1974-03-19

Citation: 291 So. 2d 676, 1974 Fla. App. LEXIS 7954

Snippet: parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714, 13 L.R.A.,N.S. 932, 14 Ann.Cas. 764; Florida East

Taylor v. Trianon Amusement Co.

Court: Supreme Court of Florida | Date Filed: 1941-03-11

Citation: 200 So. 912, 146 Fla. 447, 1941 Fla. LEXIS 1167

Snippet: Young, 209 U.S. 123, 28 Sup. Ct. 441, 52 L. Td. 714, 13 L.R.A. (N.S.) 932, 14 Ann. Cas. 764. It would be