Senate Bill sb0178c1
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Florida Senate - 2001 CS for SB 178
By the Committee on Judiciary and Senator Brown-Waite
308-828-01
1 A bill to be entitled
2 An act relating to duration of real property
3 liens; amending s. 55.10, F.S.; revising the
4 period of duration of certain liens; providing
5 for application to existing liens; providing an
6 effective date.
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8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Subsections (1), (2), and (4) of section
11 55.10, Florida Statutes, are amended to read:
12 55.10 Judgments, orders, and decrees; lien of all,
13 generally; extension of liens; transfer of liens to other
14 security.--
15 (1) A judgment, order, or decree becomes a lien on
16 real estate in any county when a certified copy of it is
17 recorded in the official records or judgment lien record of
18 the county, whichever is maintained at the time of
19 recordation, and it shall be a lien for a period of 10 7 years
20 from the date of the recording provided that the judgment,
21 order, or decree contains the address of the person who has a
22 lien as a result of such judgment, order, or decree or a
23 separate affidavit is recorded simultaneously with the
24 judgment, order, or decree stating the address of the person
25 who has a lien as a result of such judgment, order, or decree.
26 A judgment, order, or decree does not become a lien on real
27 estate unless the address of the person who has a lien as a
28 result of such judgment, order, or decree is contained in the
29 judgment, order, or decree or an affidavit with such address
30 is simultaneously recorded with the judgment, order, or
31 decree.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 178
308-828-01
1 (2) The lien provided for in subsection (1) or an
2 extension of that lien as provided by this subsection may be
3 extended for an additional period of 10 years, subject to the
4 limitation in subsection (3), by rerecording a certified copy
5 of the judgment, order, or decree prior to the expiration of
6 the lien or the expiration of the extended lien provided for
7 in subsection (1) and by simultaneously recording an affidavit
8 with the current address of the person who has a lien as a
9 result of the judgment, order, or decree. The extension one
10 additional period of 10 years shall be effective from the date
11 the judgment, order, or decree is rerecorded. The lien or
12 extended lien will not be extended unless the affidavit with
13 the current address is simultaneously recorded.
14 (4) Except as otherwise provided in this subsection,
15 this section act shall apply to all judgments, orders, and
16 decrees of record which constitute a lien on real property
17 immediately prior to the effective date of this section, as
18 amended by this act. Any judgment, order, or decree recorded
19 prior to July 1, 1987, shall be unaffected by the changes in
20 this section, as amended by this act, and shall remain a lien
21 on real property until the period provided for in s. 55.081
22 expires or until the lien is satisfied, whichever occurs
23 first.
24 Section 2. This act shall take effect upon becoming a
25 law.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 178
308-828-01
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 178
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4 Amends subsection (2) of s. 55.10 to allow a second
rerecording to protect the full 20-year lien right of persons
5 who recorded their judgments under last year's defective law
which only allows for an initial 7-year recording of a lien
6 and a one-time 10-year extension of that lien.
7 Amends subsection (4) of s. 55.10 to clarify that the new
10-year lien recording periods apply to existing valid liens
8 created before the date of this new act and to prevent the
unintended revival of an expired lien by operation of this new
9 act.
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