2020 Florida Statutes
Title XL - Real and Personal Property
Chapter 714 - Uniform Commercial Real Estate Receivership Act
714.03 - Notice and Opportunity for Hearing.

(1) Except as otherwise provided in subsection (2), the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate under the circumstances.

(2) The court may issue an order under this chapter without written or oral notice to the adverse party only if:

(a) It appears from the specific facts shown by affidavit or verified pleading or motion that immediate and irreparable injury, loss, or damage will result to the movant or that waste, dissipation, impairment, or substantial diminution in value will result to the subject real estate before any adverse party can be heard in opposition; and

(b) The movant’s attorney certifies in writing all efforts that have been made to give notice to all known adverse parties, or the reasons why such notice should not be required.

(3) Only an affidavit, a declaration or a verified pleading, or a motion may be used to support the application for the appointment of a receiver, unless the adverse party appears at the hearing or has received reasonable prior notice of the hearing. Every order appointing a receiver without notice must be endorsed with the date and hour of entry, must be filed forthwith in the clerk’s office, must define the injury, must state findings by the court as to why the injury may be irreparable, and must give the reasons why the order was granted without notice if notice was not given. The order appointing a receiver shall remain in effect until the further order of the court.

(4) This chapter does not displace any existing rule of procedural or judicial administration of this state governing service or notice, including, without limitation, Rule 1.070, Florida Rules of Civil Procedure, and Rule 2.525, Florida Rules of Judicial Administration, which shall remain in full force and effect.

History.—s. 1, ch. 2020-106.