Florida Senate - 2012                                    SB 2012
       
       
       
       By Senator Storms
       
       
       
       
       10-01475-12                                           20122012__
    1                        A bill to be entitled                      
    2         An act relating to liens; amending s. 55.10, F.S.;
    3         authorizing a state agency to impose a lien on real
    4         property by recording a final order issued by the
    5         agency in the official records or judgment lien record
    6         of a county; deleting obsolete provisions; making
    7         technical and grammatical changes; providing an
    8         effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 55.10, Florida Statutes, is amended to
   13  read:
   14         55.10 Judgments, orders, and decrees, and final orders of
   15  state agencies; lien of all, generally; extension of liens;
   16  transfer of liens to other security.—
   17         (1) A judgment, order, or decree issued by a court or a
   18  final order of a state agency becomes a lien on real property in
   19  any county when a certified copy of it is recorded in the
   20  official records or judgment lien record of the county if the
   21  address of the person who has the resulting lien is contained
   22  in, whichever is maintained at the time of recordation, provided
   23  that the judgment, order, or decree or the final order of the
   24  state agency contains the address of the person who has a lien
   25  as a result of such judgment, order, or decree or on a separate
   26  affidavit that is recorded simultaneously with the judgment,
   27  order, or decree or the final order of the state agency stating
   28  the address of the person who has a lien as a result of such
   29  judgment, order, or decree. A judgment, order, or decree or a
   30  final order of a state agency does not become a lien on real
   31  property unless the address of the person who has the resulting
   32  a lien as a result of such judgment, order, or decree is
   33  contained in the judgment, order, or decree or the final order
   34  of the state agency or unless an affidavit with such address is
   35  simultaneously recorded with the judgment, order, or decree or
   36  the final order of the state agency. A If the certified copy was
   37  first recorded in a county in accordance with this subsection
   38  between July 1, 1987, and June 30, 1994, then the judgment,
   39  order, or decree shall be a lien in that county for an initial
   40  period of 7 years from the date of the recording. If the
   41  certified copy of the judgment, order, or decree or of the final
   42  order of the state agency which is first recorded pursuant to in
   43  accordance with this subsection becomes on or after July 1,
   44  1994, then the judgment, order, or decree shall be a lien in
   45  that county for an initial period of 10 years after from the
   46  date of the recording.
   47         (2) The lien provided for in subsection (1) or an extension
   48  of that lien as provided by this subsection may be extended for
   49  an additional period of 10 years, subject to the limitation in
   50  subsection (3), by rerecording a certified copy of the judgment,
   51  order, or decree issued by the court or a certified copy of the
   52  final order issued by the state agency before the lien or
   53  extended lien expires prior to the expiration of the lien or the
   54  expiration of the extended lien and by simultaneously recording
   55  an affidavit with the current address of the person who has a
   56  lien as a result of the judgment, order, or decree or the final
   57  order of the state agency. The extension is shall be effective
   58  from the date that the certified copy of the judgment, order, or
   59  decree or the certified copy of the final order of the state
   60  agency is rerecorded. The lien or extended lien will not be
   61  extended unless the affidavit with the current address is
   62  simultaneously recorded.
   63         (3) In no event shall The lien upon real property created
   64  by this section may not be extended beyond the period provided
   65  for in s. 55.081 or beyond the date on point at which the lien
   66  is satisfied, whichever occurs first.
   67         (4) This section applies act shall apply to all judgments,
   68  orders, and decrees of record issued by a court and all final
   69  orders issued by a state agency which constitute a lien on real
   70  property; except that any judgment, order, or decree recorded
   71  prior to July 1, 1987, shall remain a lien on real property
   72  until the period provided for in s. 55.081 expires or until the
   73  lien is satisfied, whichever occurs first.
   74         (5) A Any lien claimed under this section may be
   75  transferred, by any person having an interest in the real
   76  property upon which the lien is imposed or the contract under
   77  which the lien is claimed, from the such real property to other
   78  security by either depositing in the clerk’s office a sum of
   79  money or by filing in the clerk’s office a bond executed as
   80  surety by a surety insurer licensed to do business in this
   81  state. The Such deposit or bond must shall be in an amount equal
   82  to the amount demanded in the such claim of lien plus interest
   83  on the amount of the lien thereon at the legal rate for 3 years
   84  plus $500 to apply on any court costs that which may be taxed in
   85  any proceeding to enforce the said lien. The Such deposit or
   86  bond shall be conditioned to pay any judgment, order, or decree
   87  issued by a court or any final order issued by a state agency
   88  which may be rendered for the satisfaction of the lien for which
   89  the such claim of lien was recorded and costs plus $500 for
   90  court costs. Upon the such deposit being made or the such bond
   91  being filed, the clerk shall make and record a certificate
   92  showing the transfer of the lien from the real property to the
   93  security and mail a copy of the certificate thereof by
   94  registered or certified mail to the lienor named in the claim of
   95  lien so transferred, at the address stated in the claim of lien
   96  therein. Upon the filing of the certificate of transfer, the
   97  real property is shall thereupon be released from the lien
   98  claimed, and the such lien is shall be transferred to the said
   99  security. The clerk may impose shall be entitled to a service
  100  charge of up to $15 for making and serving the certificate. If
  101  the transaction involves the transfer of multiple liens, an
  102  additional service charge of up to $7.50 for each additional
  103  lien may shall be charged. Any number of liens may be
  104  transferred to one such security.
  105         (6) Any excess of the security over the aggregate amount of
  106  any judgments, orders, or decrees rendered by a court or any
  107  final orders issued by a state agency, plus costs actually
  108  taxed, shall be repaid to the party filing the security or his
  109  or her successor in interest. Any deposit of money is shall be
  110  considered as paid into court and is shall be subject to the
  111  provisions of law relative to payments of money into court and
  112  the disposition of these payments.
  113         (7) Any party having an interest in the such security or
  114  the property from which the lien was transferred may at any
  115  time, and any number of times, file a complaint in chancery in
  116  the circuit court of the county where the such security is
  117  deposited for an order:
  118         (a) To require additional security;
  119         (b) To require reduction of security;
  120         (c) To require change or substitution of sureties;
  121         (d) To require payment or discharge of the lien thereof; or
  122         (e) Relating to any other matter affecting the said
  123  security.
  124         Section 2. This act shall take effect July 1, 2012.