(1) A complaint in a foreclosure proceeding involving timeshare interests may join in the same action multiple defendant obligors and junior interestholders of separate timeshare interests, provided:
(a) The foreclosure proceeding involves a single timeshare property.
(b) The foreclosure proceeding is filed by a single plaintiff.
(c) The default and remedy provisions in the written instruments on which the foreclosure proceeding is based are substantially the same for each defendant.
(d) The nature of the defaults alleged is the same for each defendant.
(e) No more than 15 timeshare interests, without regard to the number of defendants, are joined within the same consolidated foreclosure action.
(2) In any foreclosure proceeding involving multiple defendants filed under subsection (1), the court shall sever for separate trial any count of the complaint in which a defense or counterclaim is timely raised by a defendant.
1(3) A consolidated timeshare foreclosure action shall be considered a single action, suit, or proceeding for the payment of filing fees and service charges pursuant to general law. In addition to the payment of such filing fees and service charges, an additional filing fee of up to $10, from which the clerk shall remit $5 to the Department of Revenue for deposit into the General Revenue Fund, for each timeshare interest joined in that action shall be paid to the clerk of court.
History.—s. 13, ch. 98-36; s. 112, ch. 2003-402; s. 74, ch. 2004-265; s. 39, ch. 2008-111; s. 7, ch. 2010-134; s. 25, ch. 2019-58.
1Note.—
A. Section 25, ch. 2019-58, amended subsection (3) “[e]ffective upon this act becoming a law and retroactive to July 1, 2008.”
B. Section 30, ch. 2019-58, provides that “[t]he amendments made by this act to ss. 27.52, 28.24, 28.2401, 28.241, 34.041, 45.035, 55.505, 61.14, 316.193, 318.14, 318.15, 318.18, 322.245, 327.35, 327.73, 379.401, 713.24, 721.83, 744.365, 744.3678, 766.104, and 938.05, Florida Statutes, are remedial and clarifying in nature and apply retroactively to July 1, 2008.”
C. Section 31, ch. 2019-58, provides that “[t]he amendments to the jurisdiction of a court made by this act shall apply with respect to the date of filing the cause of action, regardless of when the cause of action accrued.”
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