In Re: Amendments to Florida Rules of Civil Procedure - Forms 1.996(a) and 1.996(b)
Supreme Court of Florida
In Re: Amendments to Florida Rules of Civil Procedure - Forms 1.996(a) and 1.996(b)
Opinion
Supreme Court of Florida
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No. SC2022-1275
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IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL
PROCEDURE - FORMS 1.996(a) AND 1.996(b).
January 11, 2024
PER CURIAM.
The Florida Bar’s Civil Procedure Rules Committee has filed a
report proposing amendments to Florida Rules of Civil Procedure
Forms 1.996(a) (Final Judgment of Foreclosure) and 1.996(b) (Final
Judgment of Foreclosure for Reestablishment of Lost Note). 1
The Committee unanimously approved the form amendments,
and the Board of Governors of The Florida Bar unanimously
recommends acceptance of the proposed rule amendments. The
Committee published the proposal for comment, but no comments
were received. Thereafter, the Court published the proposal for
comment, and one comment was received. Having considered the
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).
proposed amendments, the Court amends forms 1.996(a) and (b) as
proposed by the Committee. The more significant amendments are
discussed below.
First, in form 1.996(a) under paragraph “1. Amounts Due,” we
replace “7%” with “..........” to allow the judge to insert the interest
rate set by section 55.03, Florida Statutes (2023). Next, in
paragraph “6. Right of Redemption/Right of Possession,” we add
“the rights of a bona fide tenant occupying residential premises
under the federal Protecting Tenants at Foreclosure Act [(PTFA)], 12
U.S.C § 5220, note, or section 83.5615, Florida Statutes, and” to
provide an exception for a bona fide tenant occupying premises
under the PTFA or section 83.5615, Florida Statutes (2023). Next,
in paragraph “8. Jurisdiction Retained,” we replace “60 days after
the sale” with “the date that the clerk reports the funds as
unclaimed” to conform with section 45.031(1)(a), Florida Statutes
(2023).
Further, we make similar amendments to form 1.996(b). For
example, in paragraph “1. Amounts Due” after “TOTAL” we add the
phrase “That must bear interest at a rate of ………. per year.” As in
form 1.996(a), this will allow the judge to insert the interest rate set
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by section 55.03. Additionally, in paragraph “6. Right of
Redemption/Right of Possession,” we add language providing an
exception for a bona fide tenant occupying premises under the
PTFA or section 83.5615 for the same reason discussed for form
1.996(a). Last, in paragraph “9. Jurisdiction Retained,” we amend
the language to conform with section 45.031(1)(a).
Florida Rules of Civil Procedure forms 1.996(a) and 1.996(b)
are amended as set forth in the appendix. New language is
indicated by underscoring; deletions are indicated by struck-
through type. The amendments will become effective April 1, 2024,
at 12:01 a.m.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Civil Procedure
Judson Lee Cohen, Chair, Civil Procedure Rules Committee, Miami
Lakes, Florida, Landis V. Curry III, Past Chair, Civil Procedure
Rules Committee, Tampa, Florida, Joshua E. Doyle, Executive
Director, The Florida Bar, Tallahassee, Florida, and Heather Savage
Telfer, Bar Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
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Jeffrey S. Hittleman, Co-Chair, The Florida Housing Umbrella
Group, Plantation, Florida, and Kevin S. Rabin, Co-Chair, The
Florida Housing Umbrella Group, Gainesville, Florida,
Responding with comments
-4-
APPENDIX
FORM 1.996(a). FINAL JUDGMENT OF FORECLOSURE
FINAL JUDGMENT
This action was tried before the court. On the evidence
presented
IT IS ADJUDGED that:
1. Amounts Due. Plaintiff, .....(name and address)....., is
due
Principal $ ..........
Interest to date of this judgement ..........
Title search expenses ..........
Taxes ..........
Attorneys’ fees total ..........
Court costs, now taxed ..........
Other ………. ..........
Subtotal $ ..........
LESS: Escrow balance ..........
LESS: Other ..........
TOTAL $ ..........
That shallmust bear interest at a rate of 7%.......... per year.
2. Lien on Property. Plaintiff holds a lien for the total sum
superior to all claims or estates of defendant(s), on the following
described property in.......... County, Florida:
(describe property)
3. Sale of Property. If the total sum with interest at the
rate described in paragraph 1 and all costs accrued subsequent to
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this judgment are not paid, the clerk of this court shallmust sell the
property at public sale on .....(date)....., to the highest bidder for
cash, except as prescribed in paragraph 4, at the courthouse
located at .....(street address of courthouse)..... in .......... County in
.....(name of city)....., Florida, in accordance with section 45.031,
Florida Statutes, using the following method (CHECK ONE):
..... At .....(location of sale at courthouse; e.g., north door).....,
beginning at .....(time of sale)..... on the prescribed date.
..... By electronic sale beginning at .....(time of sale)..... on the
prescribed date at .....(website)......
4. Costs. Plaintiff shallmust advance all subsequent costs
of this action and shallmust be reimbursed for them by the clerk if
plaintiff is not the purchaser of the property for sale, provided,
however, that the purchaser of the property for sale shallmust be
responsible for the documentary stamps payable on the certificate
of title. If plaintiff is the purchaser, the clerk shallmust credit
plaintiff’s bid with the total sum with interest and costs accruing
subsequent to this judgment, or such part of it as is necessary to
pay the bid in full.
5. Distribution of Proceeds. On filing the certificate of title
the clerk shallmust distribute the proceeds of the sale, so far as
they are sufficient, by paying: first, all of plaintiff’s costs; second,
documentary stamps affixed to the certificate; third, plaintiff’s
attorneys’ fees; fourth, the total sum due to plaintiff, less the items
paid, plus interest at the rate prescribed in paragraph 1 from this
date to the date of the sale; and by retaining any remaining amount
pending further order of this court.
6. Right of Redemption/Right of Possession. On filing
the certificate of sale, defendant(s) and all persons claiming under
or against defendant(s) since the filing of the notice of lis pendens
shallmust be foreclosed of all estate or claim in the property and
defendant’s right of redemption as prescribed by section 45.0315,
Florida Statutes, shallmust be terminated, except as to the rights of
a bona fide tenant occupying residential premises under the federal
-6-
Protecting Tenants at Foreclosure Act, 12 U.S.C § 5220, note, or
section 83.5615, Florida Statutes, and claims or rights under
chapter 718 or chapter 720, Florida Statutes, if any. UpoOn the
filing of the certificate of title, the person named on the certificate of
title shallmust be let into possession of the property, subject to the
rights of a bona fide tenant occupying residential premises
pursuant tounder the federal Protecting Tenants at Foreclosure Act,
12 U.S.C. § 5220, note, or section 83.5615, Florida Statutes.
7. Attorneys’ Fees.
[If a default judgment has been entered against the mortgagor]
Because a default judgment has been entered against the
mortgagor and because the fees requested do not exceed 3% of the
principal amount owed at the time the complaint was filed, it is not
necessary for the court to hold a hearing or adjudge the requested
attorneys’ fees to be reasonable.
[If no default judgment has been entered against the
mortgagor]
The court finds, based upon the affidavits/testimony
presented and upon inquiry of counsel for the plaintiff that ..........
hours were reasonably expended by plaintiff's counsel and that an
hourly rate of $.......... is appropriate. Plaintiff’s counsel represents
that the attorneys’ fees awarded does not exceed its contract fee
with the plaintiff. The court finds that there is/are no reduction or
enhancement factors for consideration by the court pursuant
tounder Florida Patients Compensation Fund v. Rowe, 472 So. 2d
1145 (Fla. 1985). (If the court has found that there are reduction or
enhancement factors to be applied, then such factors must be
identified and explained herein).
[If the fees to be awarded are a flat fee]
The requested attorneys’ fees are a flat rate fee that the firm’s
client has agreed to pay in this matter. Given the amount of the fee
requested and the labor expended, the court finds that a lodestar
analysis is not necessary and that the flat fee is reasonable.
-7-
8. Jurisdiction Retained. Jurisdiction of this action is
retained to enter further orders that are proper including, without
limitation, a deficiency judgment.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE
MAY BE ADDITIONAL MONEY FROM THE SALE AFTER
PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID
FROM THE SALE PROCEEDS PURSUANT TO THE FINAL
JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A
RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY,
YOU MUST FILE A CLAIM WITH THE CLERK NO LATER
THAN 60 DAYS AFTER THE SALETHE DATE THAT THE
CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU
FAIL TO FILE A TMELY CLAIM, YOU WILL NOT BE
ENTITLED TO ANY REMAINING FUNDS.
[If the property being foreclosed on has qualified for the
homestead tax exemption in the most recent approved tax roll,
the final judgment shallmust additionally contain the following
statement in conspicuous type:]
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM
THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO
HAVE A LAWYER OR ANY OTHER REPRESENTATION AND
YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE
ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO
WHICH YOU ARE ENTITLED. PLEASE CONTACT THE
CLERK OF THE COURT, (INSERT INFORMATION FOR
APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE
TO SEE IF THERE IS ADDITIONAL MONEY FROM THE
FORECLOSURE SALE THAT THE CLERK HAS IN THE
REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE
TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU
SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE
-8-
REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY
AN ATTORNEY WHO IS NOT RELATED TO THE PERSON
OFFERING TO HELP YOU, TO MAKE SURE THAT YOU
UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU
ARE NOT TRANSFERRING YOUR PROPERTY OR THE
EQUITY IN YOUR PROPERTY WITHOUT THE PROPER
INFORMATION. IF YOU CANNOT AFFORD TO PAY AN
ATTORNEY, YOU MAY CONTACT (INSERT LOCAL OR
NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER)
TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR
SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE
ABLE TO REFER YOU TO A LOCAL BAR REFERRAL
AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE
TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL AID
OFFICE AND TELEPHONE NUMBER) FOR ASSISTANCE,
YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER
RECEIPT OF THIS NOTICE.
ORDERED at ..........., Florida, on .....(date)......
Judge
NOTE: Paragraph 1 must be varied in accordance with the items
unpaid, claimed, and proven. The form does not provide for an
adjudication of junior lienors’ claims nor for redemption by the
United States of America if it is a defendant. The address of the
person who claims a lien as a result of the judgment must be
included in the judgment in order for the judgment to become a lien
on real estate when a certified copy of the judgment is recorded.
Alternatively, an affidavit with this information may be
simultaneously recorded. For the specific requirements, see section
55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So.2d
1236 (Fla. 4th DCA 1998).
Committee Notes
1980 Amendment – 2019 Amendment. [No Change]
2024 Amendment. The Florida Protecting Tenants at
Foreclosure Act, section 83.5615, Florida Statutes (2020), becomes
-9-
effective only on the repeal of the federal Protecting Tenants at
Foreclosure Act, Pub. L. No. 111-22, 12 U.S.C. § 5220, note.
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FORM 1.996(b). FINAL JUDGMENT OF FORECLOSURE FOR
REESTABLISHMENT OF LOST NOTE
FINAL JUDGMENT
This action was tried before the court. On the evidence
presented
IT IS ADJUDGED that:
1. Amounts Due. Plaintiff, .....(name and address)....., is
due
Principal $..........
Interest to date of this judgement ..........
Title search expenses ..........
Taxes ..........
Attorney’s fees total ..........
Court costs, now taxed ..........
Other ………. ……….
Subtotal $..........
LESS: Escrow balance ..........
LESS: Other ..........
TOTAL $..........
That must bear interest at a rate of .......... per year.
2. Lien on Property. Plaintiff holds a lien for the total sum
superior to all claims or estates of defendant(s), on the following
described property .......... County, Florida:
(describe property)
3. Sale of Property. If the total sum with interest at the
rate described in paragraph 1 and all costs accrued subsequent to
this judgment are not paid, the clerk of this court shallmust sell the
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property at public sale on .....(date)….., to the highest bidder for
cash, except as prescribed in paragraph 4, at the courthouse
located at ….(street address of courthouse)…. in .......... County in
.....(name of city)....., Florida, in accordance with section 45.031,
Florida Statutes, using the following method (CHECK ONE):
..... At .....(location of sale at courthouse; e.g., north door).....,
beginning at .....(time of sale)..... on the prescribed date.
..... By electronic sale beginning at .....(time of sale)..... on the
prescribed date at .....(website)......
4. Costs. Plaintiff shallmust advance all subsequent costs
of this action and shallmust be reimbursed for them by the clerk if
plaintiff is not the purchaser of the property for sale, provided,
however, that the purchaser of the property for sale shallmust be
responsible for the documentary stamps payable on the certificate
of title. If plaintiff is the purchaser, the clerk shallmust credit
plaintiff’s bid with the total sum with interest and costs accruing
subsequent to this judgment, or such part of it as is necessary to
pay the bid in full.
5. Distribution of Proceeds. On filing the certificate of title
the clerk shallmust distribute the proceeds of the sale, so far as
they are sufficient, by paying: first, all of plaintiff’s costs; second,
documentary stamps affixed to the certificate; third, plaintiff’s
attorneys’ fees; fourth, the total sum due to plaintiff, less the items
paid, plus interest at the rate prescribed in paragraph 1 from this
date to the date of the sale; and by retaining any remaining amount
pending further order of this court.
6. Right of Redemption/Right of Possession. On filing
the certificate of sale, defendant(s) and all persons claiming under
or against defendant(s) since the filing of the notice of lis pendens
shallmust be foreclosed of all estate or claim in the property and
defendant’s right of redemption as prescribed by section 45.0315,
Florida Statutes, shallmust be terminated, except as to the rights of
a bona fide tenant occupying residential premises under the federal
Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or
section 83.5615, Florida Statutes, and claims or rights under
- 12 -
chapter 718 or chapter 720, Florida Statutes, if any. UpoOn the
filing of the certificate of title, the person named on the certificate of
title shallmust be let into possession of the property, subject to the
rights of a bona fide tenant occupying residential premises
pursuant tounder the federal Protecting Tenants at Foreclosure Act,
12 U.S. C. § 5220, note, or section 83.5615, Florida Statutes.
7. Attorneys’ Fees.
[If a default judgment has been entered against the mortgagor]
Because a default judgment has been entered against the
mortgagor and because the fees requested do not exceed 3% of the
principal amount owed at the time the complaint was filed, it is not
necessary for the court to hold a hearing or adjudge the requested
attorneys’ fees to be reasonable.
[If no default judgment has been entered against the
mortgagor]
The court finds, based upon the affidavits/testimony
presented and upon inquiry of counsel for the plaintiff that ..........
hours were reasonably expended by plaintiff's counsel and that an
hourly rate of $ .......... is appropriate. Plaintiff’s counsel represents
that the attorney fee awarded does not exceed its contract fee with
the plaintiff. The court finds that there are no reduction or
enhancement factors for consideration by the court pursuant
tounder Florida Patients Compensation Fund v. Rowe, 472 So. 2d
1145 (Fla. 1985). (If the court has found that there are reduction or
enhancement factors to be applied, then such factors must be
identified and explained herein).
[If the fees to be awarded are a flat fee]
The requested attorneys’ fees are a flat rate fee that the firm’s
client has agreed to pay in this matter. Given the amount of the fee
requested and the labor expended, the court finds that a lodestar
analysis is not necessary and that the flat fee is reasonable.
8. Re-establishment of Lost Note. The court finds that the
plaintiff has reestablished the terms of the lost note and its right to
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enforce the instrument as required by applicable law. Plaintiff
shallmust hold the defendant(s) maker of the note harmless and
shallmust indemnify defendant(s) for any loss defendant(s) may
incur by reason of a claim by any other person to enforce the lost
note. Adequate protection has been provided as required by law by
the following means: …..(identify means of security under
applicable law: a written indemnification agreement, a surety bond,
include specific detail)…...
Judgment is hereby entered in favor of the plaintiff as to its
request to enforce the lost note.
9. Jurisdiction Retained. Jurisdiction of this action is
retained to enforce the adequate protection ordered and to enter
further orders that are proper including, without limitation, a
deficiency judgment.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE
MAY BE ADDITIONAL MONEY FROM THE SALE AFTER
PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID
FROM THE SALE PROCEEDS PURSUANT TO THE FINAL
JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A
RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY,
YOU MUST FILE A CLAIM WITH THE CLERK NO LATER
THAN 60 DAYS AFTER THE SALETHE DATE THAT THE
CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU
FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE
ENTITLED TO ANY REMAINING FUNDS.
[If the property being foreclosed on has qualified for the
homestead tax exemption in the most recent approved tax roll,
the final judgment shallmust additionally contain the following
statement in conspicuous type:]
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM
THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO
HAVE A LAWYER OR ANY OTHER REPRESENTATION AND
YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE
- 14 -
ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO
WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE
CLERK OF THE COURT, (INSERT INFORMATION FOR
APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE
TO SEE IF THERE IS ADDITIONAL MONEY FROM THE
FORECLOSURE SALE THAT THE CLERK HAS IN THE
REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE
TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU
SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE
REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY
AN ATTORNEY WHO IS NOT RELATED TO THE PERSON
OFFERING TO HELP YOU, TO MAKE SURE THAT YOU
UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU
ARE NOT TRANSFERRING YOUR PROPERTY OR THE
EQUITY IN YOUR PROPERTY WITHOUT THE PROPER
INFORMATION. IF YOU CANNOT AFFORD TO PAY AN
ATTORNEY, YOU MAY CONTACT (INSERT LOCAL OR
NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER)
TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR
SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE
ABLE TO REFER YOU TO A LOCAL BAR REFERRAL
AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE
TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL AID
OFFICE AND TELEPHONE NUMBER) FOR ASSISTANCE,
YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER
RECEIPT OF THIS NOTICE.
ORDERED at .........., Florida, on …..(date)……
Judge
NOTE: Paragraph 1 must be varied in accordance with the items
unpaid, claimed, and proven. The form does not provide for an
adjudication of junior lienors’ claims or for redemption by the
United States of America if it is a defendant. The address of the
person who claims a lien as a result of the judgment must be
included in the judgment in order for the judgment to become a lien
- 15 -
on real estate when a certified copy of the judgment is recorded.
Alternatively, an affidavit with this information may be
simultaneously recorded. For the specific requirements, see section
55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d
1236 (Fla. 4th DCA 1998).
Committee Note
2014 Amendment – 2019 Amendment. [No Change]
2024 Amendment. The Florida Protecting Tenants at
Foreclosure Act, section 83.5615, Florida Statutes (2020), becomes
effective only on the repeal of the federal Protecting Tenants at
Foreclosure Act, Pub. L. No. 111-22, 12 U.S.C. § 5220, note.
- 16 -
Reference
- Status
- Published