House Bill hb1833

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    Florida House of Representatives - 2001                HB 1833

        By the Committee on Judicial Oversight and Representative
    Crow





  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         an effective date.

  6

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

  8

  9         Section 1.  Subsections (1), (2), (3), and (4) of

10  section 55.10, Florida Statutes, are amended to read:

11         55.10  Judgments, orders, and decrees; lien of all,

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

13  security.--

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

15  real property estate in any county when a certified copy of it

16  is recorded in the official records or judgment lien record of

17  the county, whichever is maintained at the time of

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

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

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

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

22  separate affidavit is recorded simultaneously with the

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

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

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

26  property estate unless the address of the person who has a

27  lien as a result of such judgment, order, or decree is

28  contained in the judgment, order, or decree or an affidavit

29  with such address is simultaneously recorded with the

30  judgment, order, or decree. If the certified copy is first

31  recorded in a county in accordance with this subsection

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    Florida House of Representatives - 2001                HB 1833

    687-155-01






  1  between July 1, 1987, and June 30, 1994, then the judgment,

  2  order, or decree shall be a lien in that county for an initial

  3  period of 7 years from the date of the recording.  If the

  4  certified copy is first recorded in accordance with this

  5  subsection on or after July 1, 1994, then the judgment, order,

  6  or decree shall be a lien in that county for an initial period

  7  of 10 years from the date of the recording.

  8         (2)  The lien provided for in subsection (1) or an

  9  extension of that lien as provided by this subsection may be

10  extended for an additional period of 10 years, subject to the

11  limitation in subsection (3), by rerecording a certified copy

12  of the judgment, order, or decree prior to the expiration of

13  the lien or the expiration of the extended lien provided for

14  in subsection (1) and by simultaneously recording an affidavit

15  with the current address of the person who has a lien as a

16  result of the judgment, order, or decree. The extension one

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

18  the certified copy of the judgment, order, or decree is

19  rerecorded. The lien or extended lien will not be extended

20  unless the affidavit with the current address is

21  simultaneously recorded.

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

23  created by this section be extended beyond the period provided

24  for in s. 55.081, or beyond when the lien is satisfied,

25  whichever occurs first.

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

27  This section act shall apply to all judgments, orders, and

28  decrees of record which constitute a lien on real property;

29  except that immediately prior to the effective date of this

30  act. any judgment, order, or decree recorded prior to July 1,

31  1987, shall be unaffected by the changes in this act and shall

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    Florida House of Representatives - 2001                HB 1833

    687-155-01






  1  remain a lien on real property until the period provided for

  2  in s. 55.081 expires or until the lien is satisfied, whichever

  3  occurs first.

  4         Section 2.  This act shall take effect July 1, 2001.

  5

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  7                          HOUSE SUMMARY

  8
      Provides that if a certified copy of a judgment, order,
  9    or decree which is a lien on real property is first
      recorded in a county pursuant to law between July 1,
10    1987, and June 30, 1994, then the judgment, order, or
      decree shall be a lien in that county for a period of 7
11    years from the date of its recording and if the certified
      copy is first recorded on or after July 1, 1994, then the
12    judgment, order, or decree shall be a lien in that county
      for an initial period of 10 years from the date of its
13    recording. See bill for details.

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