(1) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.
(2) Except as otherwise provided in subsection (3), a person is disqualified from appointment as receiver if the person:
(a) Is an affiliate of a party;
(b) Has an interest materially adverse to an interest of a party;
(c) Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;
(d) Has a debtor-creditor relationship with a party; or
(e) Holds an equity interest in a party, other than a noncontrolling interest in a publicly traded company.
(3) A person is not disqualified from appointment as receiver solely because the person:
(a) Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;
(b) Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or
(c) Maintains with a party a deposit account, as defined in s. 679.1021.
(4) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.
History.—s. 1, ch. 2020-106.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 714 - Uniform Commercial Real Estate Receivership Act
714.03 - Notice and Opportunity for Hearing.
714.06 - Appointment of Receiver.
714.07 - Disqualification From Appointment as Receiver; Disclosure of Interest.
714.08 - Receiver’s Bond; Alternative Security.
714.09 - Status of Receiver as Lien Creditor.
714.10 - Security Agreement Covering After-Acquired Property.
714.11 - Collection and Turnover of Receivership Property.
714.12 - Powers and Duties of Receiver.
714.15 - Engagement and Compensation of Professional.
714.16 - Use or Transfer of Receivership Property Not in Ordinary Course of Business.
714.18 - Defenses and Immunities of Receiver.
714.19 - Interim Report of Receiver.
714.20 - Notice of Appointment; Claim Against Receivership; Distribution to Creditors.
714.22 - Removal of Receiver; Replacement; Termination of Receivership.
714.23 - Final Report of Receiver; Discharge.
714.24 - Receivership in Another State; Ancillary Proceeding.
714.25 - Effect of Enforcement by Mortgagee.
714.26 - Uniformity of Application and Construction.
714.27 - Relation to Electronic Signatures in Global and National Commerce Act.