Gov. DeSantis Extends State’s Moratorium on Mortgage Foreclosures And Evictions Relief In Florida

STATE OF FLORIDA

OFFICE OF THE GOVERNOR

EXECUTIVE ORDER NUMBER 20-180

(Limited Extension of Mortgage Foreclosure and Eviction Relief)

WHEREAS, Executive Order 20-94, as extended by Executive Orders 20-121, 20-137 and 20-159, expires on August 1, 2020, unless extended; and

WHEREAS, Executive Order 20-94, as extended, requires amendment to ensure that mortgage foreclosure and eviction relief is limited to single-family mortgagors and residential tenants adversely affected by the COVID-19 emergency.

NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect:

Section 1. Section 1 of Executive Order 20-94 is amended to read, as follows:

1. I hereby suspend and toll any statute providing for final action at the conclusion of a mortgage foreclosure proceeding under Florida law solely when the proceeding arises from non-payment of mortgage by a single-family mortgagor adversely affected by the COVID-19 emergency.
2. For purposes of this section, adversely affected by the COVID-19 emergency means loss of employment, diminished wages or business income, or other monetary loss realized during the Florida State of Emergency directly impacting the ability of a single-family mortgagor to make mortgage payments.
3. Nothing in this Executive Order shall be construed to suspend or otherwise affect foreclosure proceedings unrelated to non-payment of mortgage.

Section 2. Section 2 of Executive Order 20-94 is amended to read, as follows:

1. I hereby suspend and toll any statute providing for final action at the conclusion of an eviction proceeding under Florida law solely when the proceeding arises from non-payment of rent by a residential tenant adversely affected by the COVID-19 emergency.
2. For purposes of this section, adversely affected by the COVID-19 emergency means loss of employment, diminished wages or business income, or other monetary loss realized during the Florida State of Emergency directly impacting the ability of a residential tenant to make rent payments.
3. Nothing in this Executive Order shall be construed to suspend or otherwise affect eviction proceedings unrelated to non-payment of rent.

Section 3. Section 3 of Executive Order 20-94 is amended to read, as follows: Nothing in this Executive Order shall be construed as relieving an individual from his or her obligation to make mortgage payments or rent payments. All payments, including tolled payments, are due when an individual is no longer adversely affected by the COVID-19 emergency.

Section 4. I hereby extend Executive Order 20-94, as extended by Executive Orders 20-121, 20-137 and 20-159, and as amended herein, until 12:01 a.m. on September 1, 2020.