IN RE AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE
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The Florida Supreme Court adopted amendments to Florida Rules of Civil Procedure Form 1.918 (Lis Pendens) in response to recent statutory changes to section 48.23, Florida Statutes, governing the contents of a notice of lis pendens. The amendments became effective immediately and allow a notice to contain either the date of institution of the action, the clerk's receipt date, or the case number.
The Court adopted amendments to Form 1.918 substantially rewriting it to comply with the statutory amendments. The revised form now permits a notice of lis pendens to contain either the date of institution of the action, the date of the clerk's electronic receipt, or the case number, as alternatives to satisfy statutory requirements.
[1] Florida Rules of Civil Procedure may be amended by the Florida Supreme Court in response to legislative changes.
[2] Amendments to Florida Rule of Civil Procedure Form 1.918 (Lis Pendens) are necessitated by statutory changes to the required contents of a notice of lis pendens.
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Join FLexlaw to unlock all legal intelligence“The Committee proposes amendments to Rule of Civil Procedure Form 1.918 (Lis Pendens). The amendment to the form is in response to recent enactment of section 48.23(l)(c), Florida Statutes, which governs the contents of a notice of lis pendens.”
Establishes the purpose and statutory basis for the proposed amendments
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Join FLexlaw to unlock all legal intelligenceThe Florida Legislature enacted section 48.23(l)(c), Florida Statutes, effective July 1, 2009, which modified the required contents of a notice of lis…
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PER CURIAM.
The Florida Bar’s Civil Procedure Rules Committee (Committee) has filed a fast-track report of proposed amendments to Florida Rules of Civil Procedure in response to recent legislation. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(e).
The Committee proposes amendments to Rule of Civil Procedure Form 1.918 (Lis Pendens). The amendment to the form is in response to recent enactment of section 48.23(l)(c), Florida Statutes, which governs the contents of a notice of lis pendens. See ch.2009-39, § 1, Laws of Fla. The statutory changes went into effect July 1, 2009. See ch.2009-39, § 2, Laws of Fla. The Committee also proposes the addition of a committee note clarifying that a notice of lis pendens should contain either the date of the institution of the underlying action, the date of the clerk’s receipt of the notice of lis pendens, or the case number of the underlying action. The Florida Bar Board of Governors unanimously approved the proposals.
After considering the Committee’s report and reviewing the relevant legislation, we amend form 1.918 as reflected in the appendix to this opinion. New language is underscored, and deleted language is struck through. The committee note is offered for explanation only and is not adopted as an official part of the rules. These amendments shall become effective immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.1
It is so ordered.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.
APPENDIX
FORM 1.918.LIS PENDENS
NOTICE OF LIS PENDENS
TO DEFENDANT® ., AND ALL OTHERS WHOM IT MAY CONCERN:
YOU ARE NOTIFIED OF THE FOLLOWING:
*380(a) The plaintiff has institutedof- the -institution -of this action by the plaintiff against you seeking (“to foreclose a mortgage-on” or “to partition” or “to quiet title to” or other type of action) the following property in ..County, Florida: with respect to the property described below;
(b) The plaintiff(s) in this action is/are:
(1) .
(2) .;
(c) The date of the institution of this action is.
OR: the date on the clerk’s electronic receipt for the action’s filing is
OR: the case number of the action is as shown in the caption.
(d)The property that is the subject matter of this action is in . County, Florida, and is described as follows:
(legal description of property)
DATED on.
Attorney for
Address
Florida Bar No.
NOTE: This form is not to be recorded without the clerk’s case number.
Committee Notes
2009 Amendment. This form was substantially rewritten due to the amendments to section 48.23, Florida Statutes (2009), Section 48.23 provides that the notice must contain the names of all of the parties, the name of the court in which the action is instituted, a description of the property involved or affected, a description of the relief sought as to the property, and one of the following: the date of the institution of the action, the date of the clerk’s electronic receipt, or the case number. If the case number is used to satisfy the requirements of section 48,23, it should be inserted in the case caption of the notice.