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In Re: Amendments to Florida Rule of Civil Procedure 1.570 and Form 1.914
Citation: 244 So. 3d 1009Docket: SC17-1533
Court: Supreme Court of Florida; May 31, 2018; Florida; State Supreme Court
Original Court Document: View Document
The Supreme Court of Florida has adopted amendments to the Florida Rules of Civil Procedure, specifically rule 1.570 concerning the enforcement of final judgments, and has renumbered form 1.914 to 1.914(a). New forms 1.914(b) (Notice to Appear) and 1.914(c) (Affidavit of Claimant in Response to Notice to Appear) have also been introduced. These changes were prompted by statutory amendments from 2016. The Civil Procedure Rules Committee published its proposals for public comment, receiving one comment regarding rule 1.570 but made no changes before submission to the Court. After further consideration, including a comment related to form 1.914(c), the Court approved the proposed amendments with modifications to subdivision (e) of rule 1.570, clarifying that proceedings supplementary to execution and related discovery shall follow chapter 56 of the Florida Statutes. The amendments will take effect on July 1, 2018, at 12:01 a.m., and the filing of a motion for rehearing will not affect this effective date. The document outlines revisions to the Florida Rules of Civil Procedure regarding the enforcement of final judgments, specifically under Rule 1.570 concerning supplementary proceedings. It states that these proceedings will follow Chapter 56 of the Florida Statutes. Notices to Appear and supplemental complaints must comply with established laws and procedural rules for service. The 2018 amendment introduces subdivision (e) to reflect legislative updates to Chapter 56. Forms are provided for execution commands and notices to appear. Form 1.914(a) commands sheriffs to levy property in satisfaction of judgments, detailing the required information. Form 1.914(b) notifies third parties of supplementary proceedings against them, requiring them to serve an affidavit asserting ownership of the identified property, debt, or obligation and to file it with the court. If opposing the application of property toward a judgment, a bond double the claimed property's value is required, with conditions for its return and damages if the claim is deemed frivolous. Claimants have the right to a jury trial and are entitled to discovery. If the court finds the property belongs to the judgment debtor, claimants may be ordered to surrender the property or pay damages. Form 1.914(c) is an affidavit for claimants to respond to the Notice to Appear, requiring them to state ownership and reasons why the property should not satisfy the judgment. A claimant has the option to request either a jury trial or a non-jury trial for all triable issues. The document must be signed by the affiant and includes a notary acknowledgment, confirming the identity of the affiant and the taking of an oath. The 1980 amendment specifies that property descriptions must be general to cover all property subject to execution as per section 56.061 of the Florida Statutes. The 2018 adoption of Form 1.914(c) pertains to a claimant's response to a Notice to Appear under section 56.29(2) of the Florida Statutes. Legal defenses do not require an oath but must be served at the same time as the affidavit. If the claimant's property is already levied, they can regain possession by filing this affidavit with the execution officer and providing a bond with surety, in accordance with section 56.16 of the Florida Statutes.