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Sections take positions: RPPTL and Business Law sections ready to lobby.

Five new legislative positions have been authorized for the Real Property, Probate and Trust Law Section and three for the Business Law Section following recent action by the Bar Board of Governors.

Sections are given great latitude on issues in which they wish to lobby, provided the matter is within their subject area, does not conflict with a Bar-wide legislative position, and does not cause a deep emotional or philosophical division among a significant portion of the Bar's membership.

The board okayed the sections' requests acting on the recommendations of the Legislation Committee.

The Real Property, Probate and Trust Law Section had these positions authorized:

* Supports amending [subsection] 701.02 (Assignment of Mortgages) to conform it to revised UCC Article 9 and provide that: 1.) perfection of UCC security interest in a pledged mortgage is governed solely by the UCC and not by [subsection] 701.02, and 2.) filing of a UCC financing statement is not "notice" under [subsection] 701.02 and does not affect reliance rights of creditors and bona fide purchasers without notice with respect to instruments executed by the "mortgagee of record" as determined under [subsections] 701.02.

* Supports amending [subsection] 704.01(2) to provide landlocked landowners with a statutory way of necessity.

* Opposes Section 2 of Senate Bill 298 creating [subsection] 117.055, which requires that notaries keep a detailed journal of all notarial acts including: the date, time and type of notarial act; the date, type and description of each document; the name of the signer; and description of the evidence of identity.

* Supports changes to the Florida Construction Lien Laws governing conditional payment bonds and changing procedures for determining whether a claim will be covered by such bonds.

* Technical Assistance--The section does not oppose House Bill 113 as originally drafted, but favors additional changes to numerous construction bond and lien statutes.

The Business Law Section has these positions authorized:

* Supports legislation consistent with the Supreme Court of Florida's November 30, 2004, certification of need for additional judges.

* Technical Assistance--The section offers technical assistance to the Florida Legislature with respect to the proposed Florida Trademark Act, F. S. Ch. 495.

* Supports the following clarifying amendments to the Uniform Commercial Code: 1.) add new subsection (4) to [subsection] 679.623, to read: "The debtor retains all of the debtor's rights in collateral, including title if the debtor has title, until the secured party has completed one of the actions in subsection (3)"; and 2.) add new subsection (4) to [subsection] 679.609, to read: "neither title nor legal or equitable ownership pass to the secured party by taking possession of collateral after default unless the secured party acquires ownership by purchase pursuant to [subsection] 679.610 or by acceptance in satisfaction of the obligation pursuant to [subsection] 679.621 and [subsection] 679.622."
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Publication:Florida Bar News
Date:Mar 15, 2005
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