(1) In any proceeding commenced during the period of state active duty or active duty to enforce obligations secured by mortgage, trust deed, or other security upon real or personal property owned prior to the commencement of a period of state active duty or active duty, the court may on its own motion stay the proceedings or otherwise dispose of the case as is equitable to conserve the interests of all parties. The court shall stay the proceedings upon the application of a person or agent of the person in state active duty or active duty unless, in the opinion of the court, the ability of the defendant to comply with the terms of the obligations is not materially affected.
(2) A sale, foreclosure, or seizure of property for nonpayment of any sum due under any obligation, or for breach of the terms of such obligation, is not valid if made during the period of state active duty or active duty or within 30 days thereafter, unless upon an order previously granted by the court and a return made to and approved by the court.
(3) This section applies only to obligations secured by a mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person in state active duty or active duty at the commencement of the period of state active service and still owed by her or him, which obligation originated prior to such person’s period of state active service.
History.—s. 5, ch. 96-342; s. 33, ch. 97-96; s. 34, ch. 97-100; s. 53, ch. 2003-68.
Structure Florida Statutes
Title XVII - Military Affairs and Related Matters
Chapter 250 - Military Affairs
Part I - Military Code (Ss. 250.01-250.5206)
250.03 - Military law of the state.
250.04 - Naval militia; marine corps.
250.05 - Department of Military Affairs.
250.07 - Florida National Guard; composition; departmental organization.
250.08 - Florida National Guard organized.
250.09 - Appropriations, property, and equipment.
250.10 - Appointment and duties of the Adjutant General.
250.115 - Department of Military Affairs direct-support organization.
250.116 - Soldiers and Airmen Assistance Program.
250.12 - Appointment of commissioned and warrant officers.
250.16 - Authority to incur charge against state.
250.175 - Trust funds; authorization; name; purpose.
250.18 - Commissioned officers and warrant officers; clothing and uniform allowance.
250.19 - Expenses for travel on military business.
250.20 - Armory operations; allowances.
250.23 - Pay for state active duty.
250.24 - Pay and expenses; appropriation; procedures.
250.25 - Governor and Chief Financial Officer authorized to borrow money.
250.28 - Military support to civil authorities.
250.31 - Liability of members of the organized militia; defense of actions or proceedings.
250.32 - Commanding officer’s control of arms sales.
250.33 - Powers of commanding officer on state active duty.
250.34 - Injury or death on state active duty.
250.341 - Cancellation of health insurance.
250.351 - Courts-martial; jurisdiction.
250.36 - Mandates and process.
250.37 - Expenses of courts-martial.
250.375 - Medical officer authorization.
250.39 - Penalty for contempt.
250.40 - Armory Board; creation; membership, terms, and compensation; duties and responsibilities.
250.43 - Wearing of uniform and insignia of rank; penalty.
250.44 - Military equipment regulations; penalties.
250.45 - Military uniform discriminated against; penalty.
250.46 - Salaried employees not entitled to additional pay.
250.47 - Governor’s permission for unit to leave state.
250.481 - Reserve components; employment discrimination prohibited.
250.4815 - Professional license of servicemember not to expire while member on federal active duty.
250.483 - Active duty; licensure or qualification.
250.51 - Insult to troops; penalty.
250.52 - Unlawful to persuade citizens not to enlist; penalty.
250.5201 - Stay of proceedings where troops called out into state active duty or active duty.
250.5202 - Actions for rent or possession by landlord during state active duty.
250.5204 - Installment contracts for purchase of property; penalty.