SENATE AMENDMENT

    Bill No. CS for SB 1460

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Forman moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 21, between lines 11 and 12,

15

16  insert:

17         (20)  LIENS.--

18         (a)1.  All fees, fines, interest, and costs levied or

19  assessed by the department against the owner of an amusement

20  ride or rides and not paid by the owner shall constitute and

21  operate as a lien in favor of the department.  The lien shall

22  arise as of the time the fees, fines, interest, and costs

23  become due and payable and shall cover all real and personal

24  property owned by the owner from the date the lien arises

25  until paid.  The lien shall secure all unpaid fees, fines,

26  interest, and costs which are due and which may accrue

27  subsequent to the recording of the claim of lien and prior to

28  the entry of a final judgment of foreclosure.  The lien may be

29  recorded in the public records of any county where the owner

30  owns real or personal property and shall state the name of the

31  owner and the amount due.

                                  1
    7:01 PM   04/21/98                              s1460c1c-32k2a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1460

    Amendment No.    





 1         2.  The department may enforce the lien upon real

 2  property in the manner in which a mortgage of real property is

 3  foreclosed.  The lien may also be enforced against personal

 4  property in the manner provided for the enforcement of other

 5  liens on personal property in this state.  Enforcement of a

 6  lien for fees, fines, interests, and costs shall not operate

 7  as a waiver of any other remedies available to the department,

 8  including an action to recover a money judgment for the unpaid

 9  fees, fines, interest, and costs, or enforcement of the lien

10  provided in paragraph (b).

11         (b)1.  In addition to the lien provided in subparagraph

12  (a)1., the department shall have a special lien on all

13  amusement rides owned by the owner. Notwithstanding any

14  provisions under chapter 697 to the contrary, any special lien

15  on amusement rides for fees, fines, interest, and costs, shall

16  have equal dignity and the same priority as liens for taxes in

17  favor of the state as described in s. 197.122.  The special

18  lien shall arise as of the time the fees, fines, interest, and

19  costs become due and payable and shall cover all amusement

20  rides owned by the owner from the date the lien arises until

21  paid.  The lien shall secure all unpaid fees, fines, interest,

22  and costs which are due and which may accrue prior to the

23  enforcement of the lien.

24         2.  The department may provide notice of a claim of

25  lien to potential buyers by tagging all amusement rides owned

26  by the owner as being subject to a lien or by mailing a copy

27  of a claim of the lien.  The claim of lien shall state the

28  name of the owner, the date or dates of the unpaid fees,

29  fines, interest, and costs, and the amount that is due.

30         3.  The special lien on all amusement rides owned by

31  the owner may be enforced in the manner provided for the

                                  2
    7:01 PM   04/21/98                              s1460c1c-32k2a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1460

    Amendment No.    





 1  enforcement of other liens on personal property in this state.

 2  The lien shall also extend to the proceeds of a sale of any

 3  amusement ride owned by the owner to a buyer.  If a buyer has

 4  not received written notice of the lien and the amusement

 5  rides are not tagged, then such buyer takes free of the lien.

 6  A buyer of amusement rides other than a person buying the

 7  amusement ride or rides from the owner takes free of the lien

 8  created by this paragraph.  Nothing in this paragraph shall be

 9  construed to operate as a waiver of other remedies available

10  to the department for unpaid fees, fines, interest, or costs,

11  including an action to recover a money judgment for the unpaid

12  fees, fines, interest, or costs, or enforcement of the lien

13  provided in subparagraph (a)2.

14

15

16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18         On page 1, line 23, after the semicolon

19

20  insert:

21         providing for liens for unpaid fees, fines,

22         interest, and costs;

23

24

25

26

27

28

29

30

31

                                  3
    7:01 PM   04/21/98                              s1460c1c-32k2a