CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Kyle offered the following:

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13         Amendment to Amendment (635611) (with title amendment) 

14         On page 23, between lines 18 and 19,

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16  insert:

17         Section 21.  Subsection (2) of section 319.27, Florida

18  Statutes, is amended to read:

19         319.27  Notice of lien on motor vehicles or mobile

20  homes; notation on certificate; recording of lien.--

21         (2)  No lien for purchase money or as security for a

22  debt in the form of a security agreement, retain title

23  contract, conditional bill of sale, chattel mortgage, or other

24  similar instrument or any other nonpossessory lien, including

25  a lien for child support, upon a motor vehicle or mobile home

26  upon which a Florida certificate of title has been issued

27  shall be enforceable in any of the courts of this state

28  against creditors or subsequent purchasers for a valuable

29  consideration and without notice, unless a sworn notice of

30  such lien has been filed in the department and such lien has

31  been noted upon the certificate of title of the motor vehicle

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    File original & 9 copies    04/27/00
    hbd0005                     06:53 pm         01911-0073-633139




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No.     (for drafter's use only)





 1  or mobile home. Such notice shall be effective as constructive

 2  notice when filed. No interest of a statutory nonpossessory

 3  lienor; the interest of a nonpossessory execution, attachment,

 4  or equitable lienor; or the interest of a lien creditor as

 5  defined in s. 679.301(3), if nonpossessory, shall be

 6  enforceable against creditors or subsequent purchasers for a

 7  valuable consideration unless such interest becomes a

 8  possessory lien or is noted upon the certificate of title for

 9  the subject motor vehicle or mobile home prior to the

10  occurrence of the subsequent transaction.  Provided the

11  provisions of this subsection relating to a nonpossessory

12  statutory lienor; a nonpossessory execution, attachment, or

13  equitable lienor; or the interest of a lien creditor as

14  defined in s. 679.301(3) shall not apply to liens validly

15  perfected prior to October 1, 1988.  The notice of lien shall

16  provide the following information:

17         (a)  The date of the lien if a security agreement,

18  retain title contract, conditional bill of sale, chattel

19  mortgage, or other similar instrument was executed prior to

20  the filing of the notice of lien;

21         (b)  The name and address of the registered owner;

22         (c)  A description of the motor vehicle or mobile home,

23  showing the make, type, and vehicle identification number; and

24         (d)  The name and address of the lienholder.

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

28  And the title is amended as follows:

29         On page 41, line 24,

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31  after the semicolon insert:

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    File original & 9 copies    04/27/00
    hbd0005                     06:53 pm         01911-0073-633139




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 1911

    Amendment No.     (for drafter's use only)





 1         revising language with respect to certain liens

 2         on motor vehicles;

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    File original & 9 copies    04/27/00
    hbd0005                     06:53 pm         01911-0073-633139