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Florida: Non-Resident Surety Bond Requirement Repealed

Posted By USFN, Thursday, April 7, 2016
Updated: Thursday, April 7, 2016

April 7, 2016


by Matthew L. Kahl
Aldridge Pite, LLP – USFN Member (California, Georgia)

Chapter 2016-43, Florida Laws, was approved by the Florida governor on March 10, 2016 and will become effective July 1, 2016.

The new law, which originated as Senate Bill 396, repeals Section 57.011, Florida Statutes, removing the requirement for a non-resident plaintiff in a civil action to post a surety bond in the amount of $100 for court costs.

Section 57.011 required this surety bond to be filed within 30 days after commencing an action and permitted the defendant to motion the court to dismiss the subject action if the plaintiff failed to file the bond (after 20 days’ notice to the plaintiff). Thus, this was a common affirmative defense or the basis for a motion to dismiss raised by borrower’s counsel in defending foreclosure actions. With the repeal of this section, civil actions will no longer be dismissed for this procedural deficiency.

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