Senate Bill 0392c2

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    Florida Senate - 2000                     CS for CS for SB 392

    By the Committees on Fiscal Policy, Judiciary and Senators
    Grant and Horne




    309-1983-00

  1                      A bill to be entitled

  2         An act relating to debtors and creditors;

  3         amending s. 30.17, F.S.; providing for phaseout

  4         of sheriff's execution docket; amending s.

  5         30.231, F.S.; clarifying seizure of property

  6         for levy; amending s. 55.10, F.S.; increasing

  7         the time period to rerecord a lien in order to

  8         get the lien extended for a certain time;

  9         providing for application; creating s. 55.201,

10         F.S.; requiring the Department of State to

11         establish a database of judgment lien records;

12         creating s. 55.202, F.S.; providing for

13         acquisition of a judgment lien on personal

14         property; creating s. 55.203, F.S.; providing

15         requirements for the content, recording, and

16         indexing of judgment lien certificates by the

17         Department of State; creating s. 55.204, F.S.;

18         providing for lapse of a judgment lien;

19         providing for acquisition of a second judgment

20         lien; creating s. 55.205, F.S.; providing for

21         the effect of a judgment lien; creating s.

22         55.206, F.S.; providing for amendment,

23         termination, partial release, assignment,

24         continuation, tolling, or correction of a

25         recorded judgment lien; creating s. 55.207,

26         F.S.; providing for filing and effect of a

27         correction statement as to a judgment lien

28         record; creating s. 55.208, F.S.; providing for

29         phaseout of the effect of writs of execution

30         delivered to a sheriff prior to a date certain;

31         creating s. 55.209, F.S.; providing for the

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  1         responsibilities of the Department of State and

  2         for filing fees; amending s. 55.604, F.S.;

  3         eliminating requirement for the filing of a

  4         foreign judgment with the Department of State;

  5         conditioning the effect of a foreign judgment

  6         as a lien on personal property in this state

  7         based on the recording of a lien certificate;

  8         amending s. 56.21, F.S.; providing for notice

  9         of levy and execution sale and affidavit of

10         levying creditor to judgment creditors and

11         certain secured creditors; amending s.  56.27,

12         F.S.; providing for distribution of money

13         collected under execution; amending s. 56.29,

14         F.S.; clarifying who may file an affidavit for

15         purposes of supplementary proceedings; amending

16         s. 77.01, F.S.; providing entities with right

17         to writ of garnishment; creating s. 77.041,

18         F.S.; providing for notice of procedures for

19         asserting exemptions and requesting a hearing;

20         amending s. 77.055, F.S.; clarifying

21         requirements for service of garnishee's answer

22         and notice of right to dissolve writ of

23         garnishment; amending s. 77.06, F.S.; providing

24         for creation of judgment lien upon service of

25         writ of garnishment; amending s. 222.01, F.S.;

26         revising provisions relating to designation of

27         homestead by the owner before levy; providing

28         procedures; amending s. 222.12, F.S.; providing

29         for taking of oath before notary public

30         regarding exemptions from garnishment; amending

31         s. 679.301, F.S.; revising the definition of a

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  1         lien creditor; allocating moneys from the

  2         Corporations Trust Fund to the Department of

  3         State; amending s. 607.1901, F.S.; providing

  4         for the transfer of funds from the Corporations

  5         Trust Fund; providing effective dates.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Section 30.17, Florida Statutes, is amended

10  to read:

11         30.17  Sheriff to keep an execution docket.--

12         (1)  The sheriff shall keep an execution docket, which

13  shall contain a list of all executions, orders and decrees

14  directed to the sheriff, in relation to the collection of

15  moneys, and a statement of all moneys credited on such orders,

16  executions and decrees, and when and to whom and by whom paid.

17         (2)  Said docket shall be subject to the inspection of

18  all parties interested.

19         (3)  The sheriff's failure to keep said docket, or to

20  allow inspection of the same, shall be considered a contempt

21  of court and subject him or her to a fine not exceeding $100,

22  at the discretion of the court.

23         (4)  On October 1, 2001, the sheriff shall cease

24  docketing newly delivered writs of executions. The sheriff

25  shall maintain the existing docket until October 1, 2003. Upon

26  the request of any person or entity who delivered a writ of

27  execution to the sheriff before October 1, 2001, the sheriff

28  shall provide written certification of the date on which the

29  writ was delivered. Except for any certification requested by

30  a state agency or a political subdivision of the state, the

31  sheriff shall charge a fixed nonrefundable fee of $20 for each

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  1  certification. Fees collected under this section shall be

  2  disbursed in accordance with s. 30.231(5). The sheriff's

  3  duties under this section shall cease on October 1, 2003.

  4         Section 2.  Subsection (1) of section 30.231, Florida

  5  Statutes, is amended to read:

  6         30.231  Sheriffs' fees for service of summons,

  7  subpoenas, and executions.--

  8         (1)  The sheriffs of all counties of the state in civil

  9  cases shall charge fixed, nonrefundable fees for docketing and

10  service of process, according to the following schedule:

11         (a)  All summons or writs except executions: $20 for

12  each summons or writ to be served, except when more than one

13  summons or writ is issued at the same time out of the same

14  cause of action to be served upon one person or defendant at

15  the same time, in which case the sheriff shall be entitled to

16  one fee.

17         (b)  All writs except executions requiring a levy or

18  seizure of property: $50 in addition to the $20 fee as stated

19  in paragraph (a).

20         (c)  Witness subpoenas: $20 for each witness to be

21  served.

22         (d)  Executions:

23         1.  Twenty dollars for docketing and indexing each writ

24  of execution, regardless of the number of persons involved.

25         2.  Fifty dollars for each levy.

26         a.  A levy is considered made when any property or any

27  portion of the property listed or unlisted in the instructions

28  for levy is seized, or upon demand of the sheriff the writ is

29  satisfied by the defendant in lieu of seizure. Seizure

30  requires that the sheriff take actual possession, if

31

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  1  practicable, or alternatively, constructive possession of the

  2  property by order of the court.

  3         b.  When the instructions are for levy upon real

  4  property, a levy fee is required for each parcel described in

  5  the instructions.

  6         c.  When the instructions are for levy based upon

  7  personal property, one fee is allowed, unless although the

  8  property is may be seized at different locations, conditional

  9  upon all of the items being advertised collectively and the

10  sale being held at a single location. However, if the property

11  seized cannot be sold at one location during the same sale as

12  advertised, but requires separate sales at different

13  locations, the sheriff is then authorized to impose a levy fee

14  for the property and sale at each location.

15         3.  Twenty dollars for advertisement of sale under

16  process.

17         4.  Twenty dollars for each sale under process.

18         5.  Twenty dollars for each deed, bill of sale, or

19  satisfaction of judgment.

20         Section 3.  Effective July 1, 2000, section 55.10,

21  Florida Statutes, is amended to read:

22         55.10  Judgments, orders, and decrees; lien of all,

23  generally; extension of liens; transfer of liens to other

24  security.--

25         (1)  A judgment, order, or decree becomes a lien on

26  real estate in any county when a certified copy of it is

27  recorded in the official records or judgment lien record of

28  the county, whichever is maintained at the time of

29  recordation, and it shall be a lien for a period of 10 7 years

30  from the date of the recording provided that the judgment,

31  order, or decree contains the address of the person who has a

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  1  lien as a result of such judgment, order, or decree or a

  2  separate affidavit is recorded simultaneously with the

  3  judgment, order, or decree stating the address of the person

  4  who has a lien as a result of such judgment, order, or decree.

  5  A judgment, order, or decree does not become a lien on real

  6  estate unless the address of the person who has a lien as a

  7  result of such judgment, order, or decree is contained in the

  8  judgment, order, or decree or an affidavit with such address

  9  is simultaneously recorded with the judgment, order, or

10  decree.

11         (2)  The lien provided for in subsection (1) may be

12  extended for an additional period of 10 7 years, subject to

13  the limitation in subsection (3), by rerecording a certified

14  copy of the judgment, order, or decree prior to within the

15  90-day period preceding the expiration of the lien provided

16  for in subsection (1) and by simultaneously recording an

17  affidavit with the current address of the person who has a

18  lien as a result of the judgment, order, or decree.  The one

19  additional period of 10 years shall be effective from the date

20  the judgment, order, or decree is rerecorded. The lien will

21  not be extended unless the affidavit with the current address

22  is simultaneously recorded.

23         (3)  In the event the lien is extended under subsection

24  (2), the lien of the judgment, order, or decree may be further

25  extended by re-recording a certified copy of it within the

26  90-day period preceding the expiration of the lien provided

27  for in subsection (2) and by simultaneously recording an

28  affidavit with the current address of the person who has a

29  lien as a result of such judgment, order, or decree.  The lien

30  will not be extended unless the affidavit with the current

31  address is recorded.

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  1         (3)(4)  In no event shall the lien upon real property

  2  created by this section subsections (1), (2), and (3) be

  3  extended beyond the period provided for in s. 55.081.

  4         (4)  Except as otherwise provided in this subsection,

  5  this act shall apply to all judgments, orders, and decrees of

  6  record which constitute a lien on real property immediately

  7  prior to the effective date of this act. Any judgment, order,

  8  or decree recorded prior to July 1, 1987, shall be unaffected

  9  by the changes in this act and shall remain a lien on real

10  property until the period provided for in s. 55.081 expires or

11  until the lien is satisfied, whichever occurs first.

12         (5)  This section shall be deemed to operate

13  prospectively.

14         (5)(6)  Any lien claimed under this section subsections

15  (1), (2), and (3) may be transferred, by any person having an

16  interest in the real property upon which the lien is imposed

17  or the contract under which the lien is claimed, from such

18  real property to other security by either depositing in the

19  clerk's office a sum of money or filing in the clerk's office

20  a bond executed as surety by a surety insurer licensed to do

21  business in this state. Such deposit or bond shall be in an

22  amount equal to the amount demanded in such claim of lien plus

23  interest thereon at the legal rate for 3 years plus $500 to

24  apply on any court costs which may be taxed in any proceeding

25  to enforce said lien. Such deposit or bond shall be

26  conditioned to pay any judgment, order, or decree which may be

27  rendered for the satisfaction of the lien for which such claim

28  of lien was recorded and costs plus $500 for court costs. Upon

29  such deposit being made or such bond being filed, the clerk

30  shall make and record a certificate showing the transfer of

31  the lien from the real property to the security and mail a

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  1  copy thereof by registered or certified mail to the lienor

  2  named in the claim of lien so transferred, at the address

  3  stated therein. Upon the filing of the certificate of

  4  transfer, the real property shall thereupon be released from

  5  the lien claimed, and such lien shall be transferred to said

  6  security. The clerk shall be entitled to a fee of $10 for

  7  making and serving the certificate. If the transaction

  8  involves the transfer of multiple liens, an additional charge

  9  of $5 for each additional lien shall be charged. Any number of

10  liens may be transferred to one such security.

11         (6)(7)  Any excess of the security over the aggregate

12  amount of any judgments, orders, or decrees rendered, plus

13  costs actually taxed, shall be repaid to the party filing the

14  security or his or her successor in interest. Any deposit of

15  money shall be considered as paid into court and shall be

16  subject to the provisions of law relative to payments of money

17  into court and the disposition of these payments.

18         (7)(8)  Any party having an interest in such security

19  or the property from which the lien was transferred may at any

20  time, and any number of times, file a complaint in chancery in

21  the circuit court of the county where such security is

22  deposited for an order:

23         (a)  To require additional security;

24         (b)  To require reduction of security;

25         (c)  To require change or substitution of sureties;

26         (d)  To require payment or discharge thereof; or

27         (e)  Relating to any other matter affecting said

28  security.

29         Section 4.  Effective October 1, 2001, section 55.201,

30  Florida Statutes, is created to read:

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  1         55.201  Central database of judgment liens on personal

  2  property.--The Department of State shall maintain a database

  3  of judgment lien records established in accordance with ss.

  4  55.201-55.209.

  5         Section 5.  Effective October 1, 2001, section 55.202,

  6  Florida Statutes, is created to read:

  7         55.202  Judgments, orders, and decrees; lien on

  8  personal property.--

  9         (1)  A judgment lien securing the unpaid amount of any

10  money judgment may be acquired by the holder of a judgment

11  entered by:

12         (a)  A court of this state;

13         (b)  A court of the United States having jurisdiction

14  in this state;

15         (c)  A court of the United States or any other state to

16  the extent enforceable under the Florida Enforcement of

17  Foreign Judgments Act, ss. 55.501-55.509;

18         (d)  A foreign state as defined in the Uniform

19  Out-of-Country Foreign Money-Judgment Recognition Act, ss.

20  55.601-55.607, from the time and to the extent enforceable

21  thereunder;

22         (e)  An issuing tribunal with respect to a support

23  order being enforced in this state pursuant to chapter 88; or

24         (f)  Operation of law pursuant to s. 61.14(6).

25         (2)  A judgment lien may be acquired on the judgment

26  debtor's interest in all personal property subject to

27  execution in this state, other than fixtures, money,

28  negotiable instruments, and mortgages.

29         (a)  A judgment lien is acquired by recording a

30  judgment lien certificate in accordance with s. 55.203 with

31  the Department of State after the judgment has become final

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  1  and if no stay of the judgment or its enforcement is in effect

  2  at the time the certificate is filed.

  3         (b)  For any tax lien or assessment granted by law to

  4  the state or any of the political subdivisions for any tax

  5  enumerated in s. 72.011, a judgment lien may be acquired by

  6  recording the lien or warrant with the Department of State.

  7         (c)  A judgment lien is effective as of the date of

  8  recording, but no lien attaches to property until the debtor

  9  acquires an interest in the property.

10         (d)  Except as provided in s. 55.204(3), a judgment

11  creditor may record only one effective judgment lien

12  certificate based upon a particular judgment.

13         (3)  Except as otherwise provided in s. 55.208, the

14  priority of a judgment lien acquired in accordance with this

15  section or s. 55.204(3) is established at the time the

16  judgment lien is recorded. Such judgment lien is deemed

17  recorded as of its effective date as provided in this section

18  or s. 55.204(3).

19         (4)  As used in ss. 55.201-55.209, the terms "holder of

20  a judgment" and "judgment creditor" include the Department of

21  Revenue with respect to a judgment being enforced by the

22  Department of Revenue as the state IV-D agency.

23         (5)  Liens, assessments, or judgments administered by

24  or secured on behalf of any state agency or policy subdivision

25  of the state may be filed directly into the central database

26  by such agency or subdivision through electronic or

27  information data exchange programs approved by the Department

28  of State.

29         Section 6.  Effective October 1, 2001, section 55.203,

30  Florida Statutes, is created to read:

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  1         55.203  Judgment lien certificate; content, recording,

  2  and indexing.--

  3         (1)  An original judgment lien certificate, as provided

  4  in s. 55.202, must include:

  5         (a)  The legal name of each judgment debtor and, if a

  6  recorded legal entity, the registered name and document filing

  7  number as shown in the records of the Department of State;

  8         (b)  The last known address and social security number,

  9  federal identification number, or, in the instance in which

10  the judgment creditor is a state agency or a political

11  subdivision of the state, a taxpayer or other distinct

12  identification number of each judgment debtor, except that in

13  cases of default judgment, the social security number must be

14  included only if known, or federal employer identification

15  number of each judgment debtor;

16         (c)  The legal name of the judgment creditor and, if a

17  recorded legal entity, the registered name and document filing

18  number as shown in the records of the Department of State, and

19  the name of the judgment creditor's attorney or duly

20  authorized representative, if any;

21         (d)  The address and social security number or federal

22  employer identification number of the judgment creditor;

23         (e)  The identity of the court which entered the

24  judgment and the case number and the date the written judgment

25  was entered;

26         (f)  The amount due on the money judgment and the

27  applicable interest rate;

28         (g)  The signature of the judgment creditor or the

29  judgment creditor's attorney or duly authorized

30  representative; and

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  1         (h)  With respect to a lien created by a delivery of a

  2  writ of execution to a sheriff prior to October 1, 2001, an

  3  affidavit by the judgment creditor which attests that the

  4  person or entity possesses any documentary evidence of the

  5  date of delivery of the writ, and a statement of that date or

  6  a certification by the sheriff of the date as provided in s.

  7  30.17(4).

  8         (2)  A second judgment lien certificate, as provided in

  9  s. 55.204(3), must include the information required in

10  subsection (1) and must state the file number assigned to the

11  record of the original judgment lien certificate, the money

12  amount remaining unpaid, and the interest accrued thereon.

13         (3)  An amendment, as provided in s. 55.206, or a

14  correction statement, as provided in s. 55.207, must state the

15  file number of the judgment lien record to which the amendment

16  or correction statement relates and must state the action,

17  change, or statement to be added.

18         (4)  The Department of State shall examine, for

19  compliance with ss. 55.201-55.209, each document submitted for

20  recording and shall accept or reject the document accordingly.

21         (a)  For each judgment lien certificate recorded, the

22  department shall:

23         1.  Create a record;

24         2.  Assign a unique file number to the record;

25         3.  Include the date of filing of the judgment lien

26  certificate;

27         4.  Maintain the record in a database accessible to the

28  public via the Internet;

29         5.  Index the judgment lien certificate according to

30  the name of each judgment debtor; and

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  1         6.  Index all subsequently filed documents relating to

  2  an original judgment lien certificate in a manner that

  3  associates them to the original judgment lien certificate.

  4         (5)  The validity of a judgment lien certificate

  5  recorded under this section may not be defeated by technical

  6  or clerical errors made in good faith which are not seriously

  7  misleading, nor may any claim of estoppel be based on such

  8  errors.

  9         (6)  The Department of State shall prescribe mandatory

10  forms of all documents to be filed under this section.

11         Section 7.  Effective October 1, 2001, section 55.204,

12  Florida Statutes, is created to read:

13         55.204  Duration and continuation of judgment lien;

14  destruction of records.--

15         (1)  Except as provided in this section, a judgment

16  lien acquired under s. 55.202 lapses and becomes invalid 5

17  years after the date of recording the judgment lien

18  certificate.

19         (2)  Liens securing the payment of child support or tax

20  obligations as set forth in s. 95.091(1)(b) shall not lapse

21  until 20 years after the date of the original filing of the

22  warrant or other document required by law to establish a lien.

23  No second lien based on the original filing may be obtained.

24         (3)  At any time within 6 months before the scheduled

25  lapse of a judgment lien under subsection (1), the judgment

26  creditor may acquire a second judgment lien by recording a new

27  judgment lien certificate. The second judgment lien becomes

28  effective on the date of lapse of the original judgment lien

29  or on the date on which the judgment lien certificate is

30  recorded, whichever is later. The second judgment lien is

31  deemed recorded on its effective date. The second judgment

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  1  lien is deemed a new judgment lien and not a continuation of

  2  the original judgment lien. The second judgment lien

  3  permanently lapses and becomes invalid 5 years after its

  4  effective date, and no additional liens based on the original

  5  judgment may be obtained.

  6         (4)  A judgment lien continues only as to itemized

  7  property for an additional 90 days after lapse of the lien.

  8  Such judgment lien will continue only if:

  9         (a)  The property had been itemized and its location

10  described with sufficient particularity in the instructions

11  for levy;

12         (b)  The levy had been delivered to the sheriff prior

13  to the date of lapse of the lien to permit the sheriff to act;

14  and

15         (c)  The property was located in the county in which

16  the sheriff has jurisdiction at the time of delivery of the

17  instruction for levy. Subsequent removal of the property does

18  not defeat the lien. A court may order continuation of the

19  lien beyond the 90-day period on a showing that extraordinary

20  circumstances have prevented levy.

21         (5)  The date of lapse of a judgment lien whose

22  enforceability has been temporarily stayed or enjoined as a

23  result of any legal or equitable proceeding is tolled until 30

24  days after the stay or injunction is terminated.

25         (6)  The Department of State shall maintain each

26  judgment lien record and all information contained therein for

27  a minimum of 1 year after the judgment lien lapses in

28  accordance with this section.

29         Section 8.  Effective October 1, 2001, section 55.205,

30  Florida Statutes, is created to read:

31         55.205  Effect of judgment lien.--

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  1         (1)  A valid judgment lien gives the judgment creditor

  2  the right to take possession of the property subject to levy

  3  through writ of execution, garnishment, or other judicial

  4  process. A judgment creditor who has not recorded a judgment

  5  lien certificate in accordance with s. 55.203 or whose lien

  6  has lapsed may nevertheless take possession of the judgment

  7  debtor's property through such other judicial process. A

  8  judgment creditor proceeding by writ of execution obtains a

  9  lien as of the time of levy and only on the property levied

10  upon. Except as provided in s. 55.208, such judgment creditor

11  takes subject to the claims and interest of priority judgment

12  creditors.

13         (2)  A buyer in the ordinary course of business as

14  defined in s. 671.201(9) takes free of a judgment lien created

15  under this section even though the buyer knows of its

16  existence. A valid security interest as defined in chapter 679

17  in after-acquired property of the judgment debtor which is

18  perfected prior to the effective date of a judgment lien takes

19  priority over the judgment lien on the after-acquired

20  property.

21         Section 9.  Effective October 1, 2001, section 55.206,

22  Florida Statutes, is created to read:

23         55.206  Amendment of judgment lien record; termination,

24  partial release, assignment, continuation, tolling,

25  correction.--

26         (1)  An amendment to a judgment lien acquired under s.

27  55.202 may be recorded by the judgment creditor of record,

28  which may provide for:

29         (a)  The termination, partial release, or assignment of

30  the judgment creditor's interest in a judgment lien;

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  1         (b)  The continuation and termination of the

  2  continuation of a judgment lien, as provided in s. 55.204(4);

  3         (c)  The tolling and termination of the tolling of a

  4  lapse of a judgment lien, as provided in s. 55.204(5); or

  5         (d)  The correction or change of any other information

  6  provided in the record of a judgment lien.

  7         (2)  Within 30 days following receipt of a written

  8  demand by a judgment debtor after the obligation underlying a

  9  judgment lien has been fully or partially released, the

10  judgment lienholder must deliver to the judgment debtor a

11  written statement indicating that there is no longer a claim

12  for a lien on the personal property of the judgment debtor or

13  that the judgment lien has been partially released and setting

14  forth the value of the lien remaining unpaid as of the date of

15  the statement. A statement signed by an assignee must include

16  or be accompanied by a separate written acknowledgement of

17  assignment signed by the judgment creditor of record. If the

18  judgment lienholder fails to deliver such a statement within

19  30 days after proper written demand therefor, the judgment

20  lienholder is liable to the judgment debtor for $100, and for

21  any actual or consequential damages, including reasonable

22  attorney's fees, caused by such failure to the judgment

23  debtor.

24         (3)  The judgment debtor, the judgment creditor, or

25  assignee may file such statement with the Department of State.

26         Section 10.  Effective October 1, 2001, section 55.207,

27  Florida Statutes, is created to read:

28         55.207  Correction of judgment lien record.--

29         (1)  A person may file with the Department of State a

30  correction statement with respect to a judgment lien record,

31  as provided in s. 55.203, indexed under the person's name if

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  1  the person believes that the record is inaccurate or that the

  2  judgment lien certificate was wrongfully filed.

  3         (2)  A correction statement must:

  4         (a)  State the judgment debtor named and the file

  5  number assigned to the judgment lien record to which the

  6  correction statement relates;

  7         (b)  Indicate that it is a correction statement;

  8         (c)  Provide the basis for the person's belief that the

  9  judgment lien certificate was wrongfully filed or the record

10  is inaccurate; and

11         (d)  Indicate the manner in which the person believes

12  the record should be corrected to cure any inaccuracy.

13         (3)  The Department shall ensure that a correction

14  statement is indexed and available in the same manner as any

15  recorded lien certificate in the central database of judgment

16  lien records.

17         (4)  The filing of a correction statement does not

18  affect the effectiveness of the judgment lien or other filed

19  record.

20         Section 11.  Effective October 1, 2001, section 55.208,

21  Florida Statutes, is created to read:

22         55.208  Effect of recorded judgment lien on writs of

23  execution previously delivered to a sheriff.--

24         (1)  Any lien created by a writ of execution which has

25  been delivered to the sheriff of any county before October 1,

26  2001, remains in effect for 2 years thereafter as to any

27  property of the judgment debtor located in that county before

28  October 1, 2001, and remaining within that county after that

29  date. As to any property of the judgment debtor brought into

30  the county on or after October 1, 2001, such writs create no

31  lien, inchoate or otherwise.

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  1         (2)  If a judgment creditor who has delivered a writ of

  2  execution to a sheriff in any county prior to October 1, 2001,

  3  properly files a judgment lien certificate with the Department

  4  of State by October 1, 2003, the resulting judgment lien is

  5  deemed recorded on the date the writ was delivered to the

  6  sheriff as to all leviable property of the judgment debtor

  7  which is located in that county on October 1, 2001, and that

  8  remains continuously in that county thereafter. As to all

  9  other property of the judgment debtor, the effective date of

10  the judgment lien is as provided in s. 55.202. The duration of

11  all judgment liens is as provided in s. 55.204, regardless of

12  the date on which a lien is determined to have been recorded.

13         (3)  If a judgment creditor who has delivered a writ of

14  execution to a sheriff in any county before October 1, 2001,

15  does not properly record a judgment lien certificate with the

16  Department of State by October 1, 2003, such writ is

17  considered to have been abandoned and to be of no effect after

18  October 1, 2003.

19         Section 12.  Effective October 1, 2001, section 55.209,

20  Florida Statutes, is created to read:

21         55.209  Department of State; processing fees,

22  responsibilities.--

23         (1)  Except for liens, assessments, or judgments filed

24  electronically by a state agency or a political subdivision of

25  the state, as provided in s. 55.202(6), the Department of

26  State shall collect the following nonrefundable processing

27  fees for all documents filed or recorded in accordance with

28  ss. 55.201-55.209:

29         (a)  For any judgment lien certificate or other

30  documents permitted to be filed, $20.

31

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  1         (b)  For the certification of any recorded document,

  2  $10.

  3         (c)  For copies of judgment lien documents which are

  4  produced by the Department of State, $1 per page or part

  5  thereof. However, no charge may be collected for copies

  6  provided in an online electronic format via the Internet.

  7         (d)  For indexing a judgment lien by multiple judgment

  8  debtor names, $5 per additional name.

  9         (e)  For each additional facing page attached to a

10  judgment lien certificate or document permitted to be filed or

11  recorded, $5.

12         (2)  Unless otherwise provided by law, the Department

13  of State may not conduct any search of the database

14  established under s. 55.201 to determine the existence of any

15  judgment lien record or to perform any service other than in

16  connection with those services for which payment of services

17  are required under this section. The information maintained in

18  the database is for public notice purposes only and the

19  department may make no certification or determination of the

20  validity of any judgment lien acquired under ss. 55.202 and

21  55.204(3).

22         Section 13.  Effective October 1, 2001, subsection (1)

23  of section 55.604, Florida Statutes, is amended, and

24  subsection (8) is added to that section to read:

25         55.604  Recognition and enforcement.--Except as

26  provided in s. 55.605, a foreign judgment meeting the

27  requirements of s. 55.603 is conclusive between the parties to

28  the extent that it grants or denies recovery of a sum of

29  money. Procedures for recognition and enforceability of a

30  foreign judgment shall be as follows:

31

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  1         (1)  The foreign judgment shall be filed with the

  2  Department of State and the clerk of the court and recorded in

  3  the public records in the county or counties where enforcement

  4  is sought. The filing with the Department of State shall not

  5  create a lien on any property.

  6         (a)  At the time of the recording of a foreign

  7  judgment, the judgment creditor shall make and record with the

  8  clerk of the circuit court an affidavit setting forth the

  9  name, social security number, if known, and last known

10  post-office address of the judgment debtor and of the judgment

11  creditor.

12         (b)  Promptly upon the recording of the foreign

13  judgment and the affidavit, the clerk shall mail notice of the

14  recording of the foreign judgment, by registered mail with

15  return receipt requested, to the judgment debtor at the

16  address given in the affidavit and shall make a note of the

17  mailing in the docket. The notice shall include the name and

18  address of the judgment creditor and of the judgment

19  creditor's attorney, if any, in this state. In addition, the

20  judgment creditor may mail a notice of the recording of the

21  judgment to the judgment debtor and may record proof of

22  mailing with the clerk. The failure of the clerk to mail

23  notice of recording will not affect the enforcement

24  proceedings if proof of mailing by the judgment creditor has

25  been recorded.

26         (8)  A judgment lien on personal property is acquired

27  only when a judgment lien certificate satisfying the

28  requirements of s. 55.203 has been recorded with the

29  Department of State.

30         Section 14.  Effective October 1, 2001, section 56.21,

31  Florida Statutes, is amended to read:

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  1         56.21  Execution sales; notice.--Notice of all sales

  2  under execution shall be given by advertisement once each week

  3  for 4 successive weeks in a newspaper published in the county

  4  in which the sale is to take place. The time of such notice

  5  may be shortened in the discretion of the court from which the

  6  execution issued, upon affidavit that the property to be sold

  7  is subject to decay and will not sell for its full value if

  8  held until date of sale. On or before the date of the first

  9  publication or posting of the notice of sale, a copy of the

10  notice of sale shall be furnished by certified mail to the

11  attorney of record of the judgment debtor, or to the judgment

12  debtor at the judgment debtor's last known address if the

13  judgment debtor does not have an attorney of record. Such copy

14  of the notice of sale shall be mailed even though a default

15  judgment was entered. When levying upon personal property, a

16  notice of such levy and execution sale and a copy of the

17  affidavit required by s. 56.27(4) shall be made by the levying

18  creditor to the attorney of record of the judgment creditor or

19  the judgment creditor who has recorded a judgment lien

20  certificate as provided in s. 55.202 or s. 55.204(3) at the

21  address listed in the judgment lien certificate, or, if

22  amended, in any amendment to the judgment lien certificate,

23  and to all secured creditors who have filed financing

24  statements as provided in s. 679.401 in the name of the

25  judgment debtor reflecting a security interest in property of

26  the kind to be sold at the execution sale at the address

27  listed in the financing statement, or, if amended, in any

28  amendment to the financing statement. Such notice shall be

29  made in the same manner as notice is made to any judgment

30  debtor under this section. When levying upon real property,

31  notice of such levy and execution sale shall be made to the

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  1  property owner of record in the same manner as notice is made

  2  to any judgment debtor pursuant to this section. When selling

  3  real or personal property, the sale date shall not be earlier

  4  than 30 days after the date of the first advertisement.

  5         Section 15.  Effective October 1, 2001, section 56.27,

  6  Florida Statutes, is amended to read:

  7         56.27  Executions; payment to execution creditor of

  8  money collected.--

  9         (1)  All money received under executions shall be paid,

10  in the order prescribed, to the following: the sheriff for

11  costs, the levying creditor in the amount of $500 as

12  liquidated expenses and the judgment lienholder having the

13  earliest recorded judgment lien acquired under ss. 55.202 and

14  55.204(3), as set forth in an affidavit required by subsection

15  (4), or his or her attorney, in satisfaction of the judgment

16  lien, provided that the judgment lien has not lapsed at the

17  time of the levy party in whose favor the execution was issued

18  or his or her attorney. The receipt of the attorney shall be a

19  release of the officer paying the money to him or her. When

20  the name of more than one attorney appears in the court file,

21  the money shall be paid to the attorney who originally

22  commenced the action or who made the original defense unless

23  the file shows that another attorney has been substituted.

24         (2)  When property sold under execution brings more

25  than the amount needed to satisfy the provisions of subsection

26  (1), the surplus shall be paid in the order of priority to any

27  judgment lienholders whose judgment liens have not lapsed.

28  Priority shall be based on the effective date of the judgment

29  lien acquired under s. 55.202 or s. 55.204(3), as set forth in

30  an affidavit required under s. 56.27(4). If there is a surplus

31  after all valid judgment liens and execution liens have been

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  1  satisfied of the execution, the surplus must be paid to the

  2  defendant or, if there is another writ against the defendant

  3  docketed and indexed with the sheriff, the surplus must be

  4  paid to the junior writ.

  5         (3)  The value of the property levied upon shall not be

  6  considered excessive unless the value unreasonably exceeds the

  7  total debt reflected in all unsatisfied judgment liens that

  8  have not lapsed and any unsatisfied lien of the levying

  9  creditor.

10         (4)  On or before the date of the first publication or

11  posting of the notice of sale provided for under s. 56.21, the

12  levying creditor shall file an affidavit setting forth the

13  following as to the judgment debtor:

14         (a)  An attestation that the levying creditor has

15  reviewed the database or judgment lien records established in

16  accordance with ss. 55.201-55.209 and that the information

17  contained in the affidavit based on that review is true and

18  correct;

19         (b)  The information required under s. 55.203(1) and

20  (2) for each judgment lien certificate indexed under the name

21  of the judgment debtor as to each judgment creditor; the file

22  number assigned to the record of the original and, if any, the

23  second judgment lien; and the date of filing for each judgment

24  lien certificate under s. 55.202 or s. 55.204(3); and

25         (c)  A statement that the levying creditor either does

26  not have any other levy in process or, if another levy is in

27  process, the levying creditor believes in good faith that the

28  total value of the property under execution does not exceed

29  the amount of outstanding judgments.

30         (5)  A sheriff paying money received under an execution

31  in accordance with the information contained in the affidavit

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  1  under subsection (4) is not liable to anyone for damages

  2  arising from a wrongful levy.

  3         Section 16.  Subsection (1) of section 56.29, Florida

  4  Statutes, is amended to read:

  5         56.29  Proceedings supplementary.--

  6         (1)  When any person or entity sheriff holds an

  7  unsatisfied execution and has delivered a unit of execution to

  8  any sheriff, the plaintiff in execution may file an affidavit

  9  so stating and that the execution is valid and outstanding and

10  thereupon is entitled to these proceedings supplementary to

11  execution.

12         Section 17.  Section 77.01, Florida Statutes, is

13  amended to read:

14         77.01  Right to garnishment.--Every person or entity

15  who has sued to recover a debt or has recovered judgment in

16  any court against any person or entity, natural or corporate,

17  has a right to a writ of garnishment, in the manner

18  hereinafter provided, to subject any debt due or any debt

19  under a negotiable instrument that will become due to

20  defendant by a third person, and any tangible or intangible

21  personal property of defendant in the possession or control of

22  a third person.  The officers, agents, and employees of any

23  companies or corporations are third persons in regard to the

24  companies or corporations, and as such are subject to

25  garnishment after judgment against the companies or

26  corporations.

27         Section 18.  Section 77.041, Florida Statutes, is

28  created to read:

29         77.041  Notice to defendant for claim of exemption from

30  garnishment; procedure for hearing.--

31

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  1         (1)  Upon application for a writ of garnishment by a

  2  plaintiff, the clerk of the court shall attach to the writ the

  3  following "Notice to Defendant":

  4

  5         NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT

  6               OF WAGES, MONEY, AND OTHER PROPERTY

  7         The Writ of Garnishment delivered to you with this

  8  Notice means that wages, money, and other property belonging

  9  to you have been garnished to pay a court judgment against

10  you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES,

11  MONEY, OR PROPERTY. READ THIS NOTICE CAREFULLY.

12         State and federal laws provide that certain wages,

13  money, and property, even if deposited in a bank, savings and

14  loan, or credit union, may not be taken to pay certain types

15  of court judgments. Such wages, money, and property are exempt

16  from garnishment. The major exemptions are listed below on the

17  form for Claim of Exemption and Request for Hearing. This list

18  does not include all possible exemptions. You should consult a

19  lawyer for specific advice.

20         TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY

21         FROM BEING GARNISHED, OR TO GET BACK ANYTHING

22         ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR

23         CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS

24         SET FORTH BELOW AND HAVE THE FORM NOTARIZED.

25         YOU MUST FILE THE FORM WITH THE CLERK'S OFFICE

26         WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS

27         NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU

28         MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM

29         TO THE PLAINTIFF AND THE GARNISHEE AT THE

30         ADDRESSES LISTED ON THE WRIT OF GARNISHMENT.

31

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  1         If you request a hearing, it will be held as soon as

  2  possible after your request is received by the court. The

  3  plaintiff must file any objection within 2 business days if

  4  you hand delivered to the plaintiff a copy of the form for

  5  Claim of Exemption and Request for Hearing or, alternatively,

  6  7 days if you mailed a copy of the form for claim and request

  7  to the plaintiff. If the plaintiff files an objection to your

  8  Claim of Exemption and Request for Hearing, the clerk will

  9  notify you and the other parties of the time and date of the

10  hearing. You may attend the hearing with or without an

11  attorney. If the plaintiff fails to file an objection, no

12  hearing is required, the writ of garnishment will be dissolved

13  and your wages, money, or property will be released.

14         YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION

15         IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR

16         PROPERTY FROM BEING APPLIED TO THE COURT

17         JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL

18         ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD

19         SEE A LAWYER. IF YOU CAN'T AFFORD A PRIVATE

20         LAWYER, LEGAL SERVICES MAY BE AVAILABLE.

21         CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE

22         CLERK'S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM

23         IN YOUR AREA.

24         CLAIM OF EXEMPTION AND REQUEST FOR HEARING

25  I claim exemptions from garnishment under the following

26  categories as checked:

27           1.  Head of family wages. (You must check a

28           or b below.)

29           a.  I provide more than one half of the

30           support for a child or other dependent and

31           have net earnings of $500 or less per week.

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  1           b.  I provide more than one half of the

  2           support for a child or other dependent, have

  3           net earnings of more than $500 per week, but

  4           have not agreed in writing to have my wages

  5           garnished.

  6           2.  Social Security benefits.

  7           3.  Supplemental Security Income benefits.

  8           4.  Public assistance (welfare).

  9           5.  Workers' Compensation.

10           6.  Unemployment Compensation.

11           7.  Veterans' benefits.

12           8.  Retirement or profit-sharing benefits or

13           pension money.

14           9.  Life insurance benefits or cash surrender

15           value of a life insurance policy or proceeds

16           of annuity contract.

17           10.  Disability income benefits.

18           11.  Prepaid College Trust Fund or Medical

19           Savings Account.

20           12.  Other exemptions as provided by law.

21                                        (explain)

22

23  I request a hearing to decide the validity of my claim. Notice

24  of the hearing should be given to me at:

25

26  Address:                                                    

27

28  Telephone number:               

29

30  The statements made in this request are true to the best of my

31  knowledge and belief.

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  1

  2                              

  3

  4  Defendant's signature

  5

  6  Date                 

  7

  8  STATE OF FLORIDA

  9

10  COUNTY OF

11

12  Sworn and subscribed to before me this ........ day of

13  ........(month and year), by (name of person making

14  statement)....................

15

16  Notary Public/Deputy Clerk

17

18  Personally Known ........OR Produced Identification

19  ....................

20  Type of Identification Produced ....................

21         (2)  The plaintiff must mail, by first class, a copy of

22  the writ of garnishment, a copy of the motion for writ of

23  garnishment, and the "Notice to Defendant" to the defendant's

24  last known address within 5 business days after the writ is

25  issued or 3 business days after the writ is served on the

26  garnishee, whichever is later. However, if such documents are

27  returned as undeliverable by the post office, or if the last

28  known address is not discoverable after diligent search, the

29  plaintiff must mail, by first class, the documents to the

30  defendant at the defendant's place of employment. The

31

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  1  plaintiff shall file in the proceeding a certificate of such

  2  service.

  3         (3)  Upon the filing by a defendant of a claim of

  4  exemption and request for hearing, a hearing will be held as

  5  soon as is practicable to determine the validity of the

  6  claimed exemptions. If the plaintiff does not file a sworn

  7  written statement that contests the defendant's claim of

  8  exemption within 2 business days after hand delivering the

  9  claim and request or, alternatively, 7 business days, if the

10  claim and request were served by mail, no hearing is required

11  and the clerk must automatically dissolve the writ and notify

12  the parties of the dissolution by mail.

13         Section 19.  Section 77.055, Florida Statutes, is

14  amended to read:

15         77.055  Service of garnishee's answer and notice of

16  right to dissolve writ Notice to defendant and other

17  interested persons.--Within 5 days after service of the

18  garnishee's answer on the plaintiff or after the time period

19  for the garnishee's answer has expired, the plaintiff shall

20  serve, by mail, the following documents:  a copy of the writ,

21  a copy of the garnishee's answer and, a notice advising, and a

22  certificate of service.  The notice shall advise the recipient

23  that he or she must move to dissolve the writ of garnishment

24  written 20 days after the date indicated on the certificate of

25  service in the notice if any allegation in the plaintiff's

26  motion for writ of garnishment is untrue within the time

27  period set forth in s. 77.07(2) or be defaulted and that he or

28  she may have exemptions from the garnishment which must be

29  asserted as a defense. The plaintiff shall serve these

30  documents on the defendant at the defendant's last known

31  address and any other address disclosed by the garnishee's

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  1  answer and on any other person disclosed in the garnishee's

  2  answer to have any ownership interest in the deposit, account,

  3  or property controlled by the garnishee. The plaintiff shall

  4  file in the proceeding a certificate of such service.

  5         Section 20.  Subsection (1) of section 77.06, Florida

  6  Statutes, is amended to read:

  7         77.06  Writ; effect.--

  8         (1)  Service of the writ shall make garnishee liable

  9  for all debts due by him or her to defendant and for any

10  tangible or intangible personal property of defendant in the

11  garnishee's possession or control at the time of the service

12  of the writ or at any time between the service and the time of

13  the garnishee's answer. Service of the writ creates a lien in

14  or upon any such debts or property at the time of service or

15  at the time such debts or property come into the garnishee's

16  possession or control.

17         Section 21.  Effective July 1, 2000, section 222.01,

18  Florida Statutes, is amended to read:

19         222.01  Designation of homestead by owner before

20  levy.--

21         (1)  Whenever any natural person residing in this state

22  desires to avail himself or herself of the benefit of the

23  provisions of the constitution and laws exempting property as

24  a homestead from forced sale under any process of law, he or

25  she may make a statement, in writing, containing a description

26  of the real property, mobile home, or modular home claimed to

27  be exempt and declaring that the real property, mobile home,

28  or modular home is the homestead of the party in whose behalf

29  such claim is being made.  Such statement shall be signed by

30  the person making it and shall be recorded in the circuit

31  court.

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  1         (2)  When a certified copy of a judgment has been filed

  2  in the public records of a county pursuant to s. 55.10, a

  3  person who is entitled to the benefit of the provisions of the

  4  State Constitution exempting real property as homestead and

  5  who has a contract to sell or a commitment from a lender for a

  6  mortgage on the homestead may file a notice of homestead in

  7  the public records of the county in which the homestead

  8  property is located in substantially the following form:

  9

10                       NOTICE OF HOMESTEAD

11

12         To:...(Name and address of judgment creditor as

13         shown on recorded judgment and name and address

14         of any other person shown in the recorded

15         judgment to receive a copy of the Notice of

16         Homestead)....

17

18         You are notified that the undersigned claims as

19         homestead exempt from levy and execution under

20         Section 4, Article X of the State Constitution,

21         the following described property:

22

23                ...(Legal description)...

24

25         The undersigned certifies, under oath, that he

26         or she has applied for and received the

27         homestead tax exemption as to the

28         above-described property, that .... is the tax

29         identification parcel number of this property,

30         and that the undersigned has resided on this

31         property continuously and uninterruptedly from

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  1         ...(date)... to the date of this Notice of

  2         Homestead. Further, the undersigned will either

  3         convey or mortgage the above-described property

  4         pursuant to the following:

  5

  6         ...(Describe the contract of sale or loan

  7         commitment by date, names of parties, date of

  8         anticipated closing, and amount. The name,

  9         address, and telephone number of the person

10         conducting the anticipated closing must be set

11         forth.)...

12

13         The undersigned also certifies, under oath,

14         that the judgment lien filed by you on

15         ...(date)... and recorded in Official Records

16         Book ...., Page ...., of the Public Records of

17         ........ County, Florida, does not constitute a

18         valid lien on the described property.

19

20         YOU ARE FURTHER NOTIFIED, PURSUANT TO SECTION

21         222.01 ET SEQ., FLORIDA STATUTES, THAT WITHIN

22         45 DAYS AFTER THE MAILING OF THIS NOTICE YOU

23         MUST FILE AN ACTION IN THE CIRCUIT COURT OF

24         ........ COUNTY, FLORIDA, FOR A DECLARATORY

25         JUDGMENT TO DETERMINE THE CONSTITUTIONAL

26         HOMESTEAD STATUS OF THE SUBJECT PROPERTY OR TO

27         FORECLOSE YOUR JUDGMENT LIEN ON THE PROPERTY

28         AND RECORD A LIS PENDENS IN THE PUBLIC RECORDS

29         OF THE COUNTY WHERE THE HOMESTEAD IS LOCATED.

30         YOUR FAILURE TO SO ACT WILL RESULT IN ANY BUYER

31         OR LENDER, OR HIS OR HER SUCCESSORS AND

                                  32

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    Florida Senate - 2000                     CS for CS for SB 392
    309-1983-00




  1         ASSIGNS, UNDER THE ABOVE-DESCRIBED CONTRACT OF

  2         SALE OR LOAN COMMITMENT TO TAKE FREE AND CLEAR

  3         OF ANY JUDGMENT LIEN YOU MAY HAVE ON THE

  4         PROPERTY.

  5

  6         This .... day of ............, 2.....

  7

  8                                ........................

  9                              ...(Signature of Owner)...

10

11                                ........................

12                           ...(Printed Name of Owner)...

13

14                                ........................

15                                 ...(Owner's Address)...

16

17         Sworn to and subscribed before me by

18         ........................ who is personally

19         known to me or produced

20         ........................ as identification,

21         this .... day of ............, 2.....

22

23                                ........................

24                                           Notary Public

25

26         (3)  The clerk shall mail a copy of the notice of

27  homestead to the judgment lienor, by certified mail, return

28  receipt requested, at the address shown in the most recent

29  recorded judgment or accompanying affidavit, and to any other

30  person designated in the most recent recorded judgment or

31  accompanying affidavit to receive the notice of homestead, and

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    Florida Senate - 2000                     CS for CS for SB 392
    309-1983-00




  1  shall certify to such service on the face of such notice and

  2  record the notice. Notwithstanding the use of certified mail,

  3  return receipt requested, service shall be deemed complete

  4  upon mailing.

  5         (4)  A lien pursuant to s. 55.10 of any lienor upon

  6  whom such notice is served, who fails to institute an action

  7  for a declaratory judgment to determine the constitutional

  8  homestead status of the property described in the notice of

  9  homestead or to file an action to foreclose the judgment lien,

10  together with the filing of a lis pendens in the public

11  records of the county in which the homestead is located,

12  within 45 days after service of such notice shall be deemed as

13  not attaching to the property by virtue of its status as

14  homestead property as to the interest of any buyer or lender,

15  or his or her successors or assigns, who takes under the

16  contract of sale or loan commitment described above within 180

17  days after the filing in the public records of the notice of

18  homestead. This subsection shall not act to prohibit a lien

19  from attaching to the real property described in the notice of

20  homestead at such time as the property loses its homestead

21  status.

22         (5)  As provided in s. 4, Art. X of the State

23  Constitution, this subsection shall not apply to:

24         (a)  Liens and judgments for the payment of taxes and

25  assessments on real property.

26         (b)  Liens and judgments for obligations contracted for

27  the purchase of real property.

28         (c)  Liens and judgments for labor, services, or

29  materials furnished to repair or improve real property.

30

31

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    Florida Senate - 2000                     CS for CS for SB 392
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  1         (d)  Liens and judgments for other obligations

  2  contracted for house, field, or other labor performed on real

  3  property.

  4         Section 22.  Section 222.12, Florida Statutes, is

  5  amended to read:

  6         222.12  Proceedings for exemption.--Whenever any money

  7  or other thing due for labor or services as aforesaid is

  8  attached by such process, the person to whom the same is due

  9  and owing may make oath before the officer who issued the

10  process or before a notary public that the money attached is

11  due for the personal labor and services of such person, and

12  she or he is the head of a family residing in said state.

13  When such an affidavit is made, notice of same shall be

14  forthwith given to the party, or her or his attorney, who sued

15  out the process, and if the facts set forth in such affidavit

16  are not denied under oath within 2 business days after the

17  service of said notice, the process shall be returned, and all

18  proceedings under the same shall cease.  If the facts stated

19  in the affidavit are denied by the party who sued out the

20  process within the time above set forth and under oath, then

21  the matter shall be tried by the court from which the writ or

22  process issued, in like manner as claims to property levied

23  upon by writ of execution are tried, and the money or thing

24  attached shall remain subject to the process until released by

25  the judgment of the court which shall try the issue.

26         Section 23.  Subsections (2) and (3) of section

27  679.301, Florida Statutes, are amended to read:

28         679.301  Persons who take priority over unperfected

29  security interests; right of "lien creditor."--

30         (2)  If the secured party files with respect to a

31  purchase money security interest before or within 15 days

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    309-1983-00




  1  after the debtor receives possession of the collateral, the

  2  secured party he or she takes priority over the rights of a

  3  transferee in bulk or of a lien creditor which arise between

  4  the time the security interest attaches and the time of

  5  filing.

  6         (3)  A "lien creditor" means a creditor who has

  7  acquired a lien on the property involved by attachment, levy,

  8  or the like and includes a judgment lienholder as provided

  9  under ss. 55.202-55.209, an assignee for benefit of creditors

10  from the time of assignment, and a trustee in bankruptcy from

11  the date of the filing of the petition or a receiver in equity

12  from the time of appointment.

13         Section 24.  The Department of State is authorized to

14  allocate the following funds from the department's

15  Corporations Trust Fund to administer this act:

16         (1)  Effective July 1, 2000, four full-time equivalent

17  positions and $274,858 in annual salaries and benefits,

18  $200,000 in recurring expense, and $442,753 in operating

19  capital outlay; and

20         (2)  Effective March 1, 2001, nine additional full-time

21  equivalent positions and $268,443 in annual salaries and

22  benefits and $32,247 in operating capital outlay.

23         Section 25.  Effective October 1, 2001, subsection (2)

24  of section 607.1901, Florida Statutes, is amended to read:

25         607.1901  Corporations Trust Fund creation; transfer of

26  funds.--

27         (2)(a)  The Legislature shall appropriate from the fund

28  such amounts as it deems necessary for the operation of the

29  division.

30         (b)  An amount equal to 2.9 percent of all moneys

31  deposited each month in the fund is transferred to the

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    Florida Senate - 2000                     CS for CS for SB 392
    309-1983-00




  1  Corporation Tax Administration Trust Fund created pursuant to

  2  s. 213.31.

  3         (c)  In the last six months of any fiscal year, an

  4  amount equal to 43 percent of all moneys deposited each month

  5  into the fund is transferred to the General Revenue Fund.

  6         (d)  The division shall transfer from the trust fund to

  7  the Cultural Institutions Trust Fund, quarterly, the amount of

  8  $10 from each corporate annual report fee collected by the

  9  division and prorations transferring not more than $10 $8

10  million each fiscal year, to be used as provided in s.

11  265.2861.

12         (e)  The division shall transfer from the trust fund to

13  the Cultural Institutions Trust Fund, quarterly, prorations

14  transferring $250,000 each fiscal year, to be used as provided

15  in s. 265.609.

16         (f)  The division shall transfer from the trust fund to

17  the Cultural Institutions Trust Fund, quarterly, prorations

18  transferring $550,000 each fiscal year, to be used as provided

19  in s. 265.608.

20         (g)  The division shall transfer from the trust fund to

21  the Historical Resources Operating Trust Fund, quarterly,

22  prorations transferring $2 million each fiscal year, to be

23  used as provided in s. 267.0671.

24         (h)  The division shall transfer from the trust fund to

25  the Historical Resources Operating Trust Fund, quarterly,

26  prorations transferring $1.5 million each fiscal year, to be

27  used as provided in s. 267.072.

28         (i)  The division shall transfer from the trust fund to

29  the department's Grants and Donations Trust Fund quarterly

30  prorations equaling not more than $1.6 million each fiscal

31

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    Florida Senate - 2000                     CS for CS for SB 392
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  1  year, to be used in the provision of services under s.

  2  288.816.

  3         Section 26.  Except as otherwise provided in this act,

  4  this act shall take effect October 1, 2000.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                            CS/SB 392

  8

  9  Eliminates the provision relating to designation and
    reappointment of process servers by the sheriff.
10
    Eliminates the provision to allow writs of execution against a
11  person's money in excess of $1,000.

12  Eliminates the provision to expand the liability of a person
    subject to a writ of bodily attachment in connection with
13  court-ordered child support.

14  Provides an effective date of October 1, 2001, for the
    transfers from the Corporations Trust Fund to the Cultural
15  Institutions Trust Fund and to the Grants and Donations Trust
    Fund.
16

17

18

19

20

21

22

23

24

25

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