Florida Statutes 714.04 – Scope; exclusions
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(1) This chapter applies to a receivership initiated in a court of this state for an interest in real property and any incidental personal property related to or used in operating the real property.
(2) This chapter does not apply to:
(a) Actions in which a state agency or officer is expressly authorized by statute to seek or obtain the appointment of a receiver;
Terms Used In Florida Statutes 714.04
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Contract: A legal written agreement that becomes binding when signed.
- Fraud: Intentional deception resulting in injury to another.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
(b) Actions authorized by or commenced under federal law;
(c) Real property improved by one or two dwelling units which includes the homestead of an individual owner or an affiliate of an individual owner;
(d) Property of an individual exempt from forced sale, execution, or seizure under the laws of this state; or
(e) Personal property of an individual which is used primarily for personal, family, or household purposes.
(3) This chapter does not limit the authority of a court to appoint a receiver under the laws of this state other than this chapter.
(4) This chapter does not limit an individual’s homestead rights under the laws of this state or federal law.
(5) Unless displaced by a particular provision of this chapter, the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, supplement this chapter.