Fla. Stat. 714.07
Disqualification from appointment as receiver; disclosure of interest


(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:Is an affiliate of a party;Has an interest materially adverse to an interest of a party;Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;Has a debtor-creditor relationship with a party; orHolds an equity interest in a party, other than a noncontrolling interest in a publicly traded company.

(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: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;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; orMaintains with a party a deposit account, as defined in s. 679.1021.

(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.

Source: Section 714.07 — Disqualification from appointment as receiver; disclosure of interest, https://www.­flsenate.­gov/Laws/Statutes/2024/0714.­07 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 714.07. Disqualification from appointment as receiver; disclosure of interest's source at flsenate​.gov