HOUSE AMENDMENT
hbd-06 Bill No. HB 601
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Pickens offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 55.201, Florida Statutes, is
18 amended to read:
19 55.201 Central database of judgment liens on personal
20 property.--The Department of State shall maintain a database
21 of judgment lien files records established in accordance with
22 ss. 55.201-55.209.
23 Section 2. Section 55.202, Florida Statutes, is
24 amended to read:
25 55.202 Judgments, orders, and decrees; lien on
26 personal property.--
27 (1) A judgment lien securing the unpaid amount of any
28 money judgment may be acquired by the holder of a judgment
29 entered by:
30 (a) Enforceable in this state under its laws or the
31 laws of the United States A court of this state;
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hbd-06 Bill No. HB 601
Amendment No. ___ (for drafter's use only)
1 (b) A court of the United States having jurisdiction
2 in this state;
3 (c) A court of the United States or any other state to
4 the extent enforceable under the Florida Enforcement of
5 Foreign Judgments Act, ss. 55.501-55.509;
6 (d) A foreign state as defined in the Uniform
7 Out-of-country Foreign Money-Judgment Recognition Act, ss.
8 55.601-55.607, from the time and to the extent enforceable
9 thereunder;
10 (b)(e) Entered by an issuing tribunal with respect to
11 a support order being enforced in this state pursuant to
12 chapter 88; or
13 (c)(f) Enforceable by operation of law pursuant to s.
14 61.14(6).
15 (2) A judgment lien may be acquired on a the judgment
16 debtor's interest in all personal property in this state
17 subject to execution under s. 56.061 in this state, other than
18 fixtures, money, negotiable instruments, and mortgages.
19 (a) A judgment lien is acquired by filing recording a
20 judgment lien certificate in accordance with s. 55.203 with
21 the Department of State after the judgment has become final
22 and if no stay of the judgment or its enforcement is then in
23 effect at the time the certificate is filed.
24 (b) For any tax lien, warrant, or assessment, or
25 judgment collected by the Department of Revenue granted by law
26 to the state or any of the political subdivisions for any tax
27 enumerated in s. 72.011, a judgment lien may be acquired by
28 filing the judgment lien certificate information recording the
29 lien or warrant with the Department of State in accordance
30 with s. 55.205(5).
31 (c) Except as provided in s. 55.208, the effective
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Amendment No. ___ (for drafter's use only)
1 date of a judgment lien is the date, including the time of
2 day, of filing. Although A judgment lien is effective as of
3 the date of recording, but no lien attaches to property, and a
4 creditor does not become a lien creditor as to liens under
5 chapter 679, until the debtor acquires an interest in the
6 property, priority among competing judgment liens is
7 determined in order of filing date and time.
8 (d) Except as provided in s. 55.204(3), a judgment
9 creditor may file record only one effective judgment lien
10 certificate based upon a particular judgment.
11 (3) Except as otherwise provided in s. 55.208, the
12 priority of a judgment lien acquired in accordance with this
13 section or s. 55.204(3) is established at the date and time
14 the judgment lien is filed recorded. Such judgment lien is
15 deemed recorded as of its effective date as provided in this
16 section or s. 55.204(3).
17 (4) As used in ss. 55.201-55.209, the terms "holder of
18 a judgment" and "judgment creditor" include the Department of
19 Revenue with respect to a judgment being enforced by the
20 Department of Revenue as the state IV-D agency.
21 (5) Liens, assessments, warrants, or judgments filed
22 pursuant to paragraph (2)(b) administered by or secured on
23 behalf of any state agency or political subdivision of the
24 state may be filed directly into the central database by the
25 Department of Revenue such agency or subdivision through
26 electronic or information data exchange programs approved by
27 the Department of State. Such filings must contain the
28 information set forth in s. 55.203(1).
29 Section 3. Section 55.203, Florida Statutes, is
30 amended to read:
31 55.203 Judgment lien certificate; content, recording,
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1 and indexing.--
2 (1) An original judgment lien certificate, as provided
3 in s. 55.202, must include:
4 (a) The legal name of each judgment debtor and, if a
5 recorded legal entity, the registered name and document filing
6 number as shown in the records of the Department of State.
7 (b) The last known address and social security number,
8 federal identification number, or, in the instance in which
9 the judgment creditor is a state agency or a political
10 subdivision of the state, a taxpayer or other distinct
11 identification number of each judgment debtor, except that in
12 cases of default judgment, the social security number must be
13 included only if known, or federal employer identification
14 number of each judgment debtor if shown on the judgment
15 itself.
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.
31 (h) With respect to a lien acquired created by a
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Amendment No. ___ (for drafter's use only)
1 delivery of a writ of execution to a sheriff prior to October
2 1, 2001, an affidavit by the judgment creditor which attests
3 that the person or entity possesses any documentary evidence
4 of the date of delivery of the writ, and a statement of that
5 date or a certification by the sheriff of the date as provided
6 in s. 30.17(4).
7 (2) A second judgment lien certificate, as provided in
8 s. 55.204(3), must include the information required in
9 subsection (1) and must state the file number assigned to the
10 file record of the original judgment lien certificate, the
11 money amount remaining unpaid, and the interest accrued
12 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 file record to which the
16 amendment or correction statement relates and must state the
17 action, 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 filing recording and shall accept or reject the document
21 accordingly. For each judgment lien certificate filed
22 recorded, the department shall:
23 (a) Create a file record.
24 (b) Assign a unique file number to the record.
25 (c) Include the date and time of filing of the
26 judgment lien certificate.
27 (d) Maintain the file record in a database accessible
28 to the public via the Internet.
29 (e) Index the judgment lien certificate according to
30 the name of each judgment debtor.
31 (f) Index all subsequently filed documents relating to
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1 an original judgment lien certificate in a manner that
2 associates them to the original judgment lien certificate.
3 (5) The validity of A judgment lien certificate
4 substantially satisfying the requirements of this section is
5 effective even if it has minor errors or omissions that make
6 the filing recorded under this section may not be defeated by
7 technical or clerical errors made in good faith which are not
8 seriously misleading, nor may any claim of estoppel be based
9 on such errors.
10 (6) The Department of State shall prescribe mandatory
11 forms of all documents to be filed under this section.
12 Section 4. Section 55.204, Florida Statutes, is
13 amended to read:
14 55.204 Duration and continuation of judgment lien;
15 destruction of records.--
16 (1) Except as provided in this section, a judgment
17 lien acquired under s. 55.202 lapses and becomes invalid 5
18 years after the date of filing recording the judgment lien
19 certificate.
20 (2) Liens securing the payment of child support or tax
21 obligations as set forth in s. 95.091(1)(b) shall not lapse
22 until 20 years after the date of the original filing of the
23 warrant or other document required by law to establish a lien.
24 No second lien based on the original filing may be obtained.
25 (3) At any time within 6 months before or 6 months
26 after the scheduled lapse of a judgment lien under subsection
27 (1), the judgment creditor may acquire a second judgment lien
28 by filing recording a new judgment lien certificate. The
29 effective date of the second judgment lien is becomes
30 effective on the date of lapse of the original judgment lien
31 or on the date and time on which the judgment lien certificate
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hbd-06 Bill No. HB 601
Amendment No. ___ (for drafter's use only)
1 is filed recorded, whichever is later. The second judgment
2 lien is deemed recorded on its effective date. The second
3 judgment lien is deemed a new judgment lien and not a
4 continuation of the original judgment lien. The second
5 judgment lien permanently lapses and becomes invalid 5 years
6 after its filing effective date, and no additional liens based
7 on the original judgment or any judgment based on the original
8 judgment may be acquired obtained.
9 (4) A judgment lien continues only as to itemized
10 property for an additional 90 days after lapse of the lien.
11 Such judgment lien will continue only if:
12 (a) The property had been itemized and its location
13 described with sufficient particularity in the instructions
14 for levy;
15 (b) The levy had been delivered to the sheriff prior
16 to the date of lapse of the lien to permit the sheriff to act;
17 and
18 (c) The property was located in the county in which
19 the sheriff has jurisdiction at the time of delivery of the
20 instruction for levy. Subsequent removal of the property does
21 not defeat the lien. A court may order continuation of the
22 lien beyond the 90-day period on a showing that extraordinary
23 circumstances have prevented levy.
24 (5) The date of lapse of a judgment lien whose
25 enforceability has been temporarily stayed or enjoined as a
26 result of any legal or equitable proceeding is tolled until 30
27 days after the stay or injunction is terminated.
28 (6) The Department of State shall maintain each
29 judgment lien file record and all information contained
30 therein for a minimum of 1 year after the judgment lien lapses
31 in accordance with this section.
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1 (7) Nothing in this section shall be construed to
2 extend the life of a judgment lien beyond the time that the
3 underlying judgment, order, decree, or warrant otherwise
4 expires or becomes invalid pursuant to law.
5 Section 5. Section 55.205, Florida Statutes, is
6 amended to read:
7 55.205 Effect of judgment lien.--
8 (1) A valid judgment lien gives the judgment creditor
9 the right to proceed against take possession of the property
10 of the debtor subject to levy through writ of execution,
11 garnishment, or other judicial process. A judgment creditor
12 who has not acquired recorded a judgment lien as provided in
13 s. 55.202 certificate in accordance with s. 55.203 or whose
14 lien has lapsed may nevertheless proceed against take
15 possession of the judgment debtor's property through such
16 other judicial process. Such A judgment creditor proceeding by
17 writ of execution acquires obtains a lien as of the time of
18 levy and only on the property levied upon. Except as provided
19 in s. 55.208, such judgment creditor takes subject to the
20 claims and interest of priority judgment creditors.
21 (2) A buyer in the ordinary course of business as
22 defined in s. 671.201(9) takes free of a judgment lien
23 acquired as provided in s. 55.202 or s. 55.204 created under
24 this section even though the buyer knows of its existence. A
25 valid security interest as defined in chapter 679 in
26 after-acquired property of the judgment debtor which is
27 perfected before the debtor acquires an interest in the
28 property prior to the effective date of a judgment lien takes
29 priority over the judgment lien on the after-acquired
30 property.
31 (3) An individual buyer of goods for personal, family,
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1 or household use who buys the goods from a seller who held the
2 goods for personal, family, or household use, and who pays
3 value without knowledge that the goods are subject to a
4 judgment lien, is entitled, to the extent of the value paid,
5 to a lien on the goods superior to the judgment lien. If the
6 buyer has made improvements to the goods, or other reasons
7 justify doing so, a court may adjust the amount secured by the
8 lien as the equities may require.
9 (4) A buyer of stock in a corporation takes free of a
10 judgment lien hereunder if the buyer pays value in good faith
11 without notice as defined in s. 678.1051.
12 Section 6. Section 55.206, Florida Statutes, is
13 amended to read:
14 55.206 Amendment of judgment lien file record;
15 termination, partial release, assignment, continuation,
16 tolling, correction.--
17 (1) An amendment to a judgment lien acquired as
18 provided under s. 55.202 may be filed recorded by or on behalf
19 of the judgment creditor of record, which may provide for:
20 (a) The termination, partial release, or assignment of
21 the judgment creditor's interest in a judgment lien;
22 (b) The continuation and termination of the
23 continuation of a judgment lien, as provided in s. 55.204(4);
24 (c) The tolling and termination of the tolling of a
25 lapse of a judgment lien, as provided in s. 55.204(5); or
26 (d) The correction or change of any other information
27 provided in the record of a judgment lien file.
28 (2) Within 30 days following receipt of a written
29 demand by a judgment debtor after the obligation underlying a
30 judgment lien has been fully or partially released, the
31 judgment lienholder must deliver to the judgment debtor a
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1 written statement indicating that there is no longer a claim
2 for a lien on the personal property of the judgment debtor or
3 that the judgment lien has been partially released and setting
4 forth the value of the lien remaining unpaid as of the date of
5 the statement. A statement signed by an assignee must include
6 or be accompanied by a separate written acknowledgement of
7 assignment signed by or for the benefit of the judgment
8 creditor of record. If the judgment lienholder fails to
9 deliver such a statement within 30 days after proper written
10 demand therefor, the judgment lienholder is liable to the
11 judgment debtor for $100, and for any actual or consequential
12 damages, including reasonable attorney's fees, caused by such
13 failure to the judgment debtor.
14 (3) The judgment debtor, the judgment creditor, or
15 assignee may file such statement with the Department of State.
16 Section 7. Section 55.207, Florida Statutes, is
17 amended to read:
18 55.207 Correction of judgment lien file record.--
19 (1) A person may file with the Department of State a
20 correction statement with respect to a judgment lien file
21 record, as provided in s. 55.203, indexed under any the
22 person's name, if the person believes that the file record is
23 inaccurate or that the judgment lien certificate was
24 wrongfully filed.
25 (2) A correction statement must:
26 (a) State the judgment debtor named and the file
27 number assigned to the judgment lien file record to which the
28 correction statement relates;
29 (b) Indicate that it is a correction statement;
30 (c) Provide the basis for the person's belief that the
31 judgment lien certificate was wrongfully filed or the file
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1 record is inaccurate; and
2 (d) Indicate the manner in which the person believes
3 the file record should be corrected to cure any inaccuracy.
4 (3) The department shall ensure that a correction
5 statement is indexed and available in the same manner as any
6 filed recorded lien certificate in the central database of
7 judgment lien files records.
8 (4) The filing of a correction statement does not
9 affect the effectiveness of the judgment lien or other filing
10 filed record.
11 Section 8. Section 55.208, Florida Statutes, is
12 amended to read:
13 55.208 Effect of filed recorded judgment lien on writs
14 of execution previously delivered to a sheriff.--
15 (1) Any lien created by a writ of execution which has
16 been delivered to the sheriff of any county before October 1,
17 2001, remains in effect for 2 years thereafter as to any
18 property of the judgment debtor located in that county before
19 October 1, 2001, and remaining within that county after that
20 date. As to any property of the judgment debtor brought into
21 the county on or after October 1, 2001, such writs create no
22 lien, inchoate or otherwise.
23 (2) If a judgment creditor who has delivered a writ of
24 execution to a sheriff in any county prior to October 1, 2001,
25 properly files a judgment lien certificate with the Department
26 of State by October 1, 2003, the resulting judgment lien is
27 deemed filed recorded on the date the writ was delivered to
28 the sheriff as to all leviable property of the judgment debtor
29 subject to execution in this state under s. 56.061 which is
30 located in that county on October 1, 2001, and that remains
31 continuously in that county thereafter. Priority of such
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1 judgment liens is determined as of the effective date they are
2 considered to have been filed. As to all other property of the
3 judgment debtor, the effective date of the judgment lien is as
4 provided in s. 55.202. The duration of all judgment liens is
5 as provided in s. 55.204, regardless of the date on which a
6 lien is determined to have been recorded.
7 (3) If a judgment creditor who has delivered a writ of
8 execution to a sheriff in any county before October 1, 2001,
9 does not properly file record a judgment lien certificate with
10 the Department of State by October 1, 2003, such writ is
11 considered to have been abandoned and to be of no effect after
12 October 1, 2003.
13 Section 9. Section 55.209, Florida Statutes, is
14 amended to read:
15 55.209 Department of State; processing fees,
16 responsibilities.--
17 (1) Except for liens, assessments, warrants, or
18 judgments filed electronically by a state agency or a
19 political subdivision of the state, as provided in s.
20 55.202(2) s. 55.202(6), the Department of State shall collect
21 the following nonrefundable processing fees for all documents
22 filed or recorded in accordance with ss. 55.201-55.209:
23 (a) For any judgment lien certificate or other
24 documents permitted to be filed, $20.
25 (b) For the certification of any filed recorded
26 document, $10.
27 (c) For copies of judgment lien documents which are
28 produced by the Department of State, $1 per page or part
29 thereof. However, no charge may be collected for copies
30 provided in an on-line electronic format via the Internet.
31 (d) For indexing a judgment lien by multiple judgment
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1 debtor names, $5 per additional name.
2 (e) For each additional facing page attached to a
3 judgment lien certificate or document permitted to be filed or
4 recorded, $5.
5 (2) Unless otherwise provided by law, the Department
6 of State may not conduct any search of the database
7 established under s. 55.201 to determine the existence of any
8 judgment lien file record or to perform any service other than
9 in connection with those services for which payment of
10 services are required under this section. The information
11 maintained in the database is for public notice purposes only
12 and the department may make no certification or determination
13 of the validity of any judgment lien acquired under ss. 55.202
14 and 55.204(3).
15 Section 10. Subsections (6) and (8) of section 55.604,
16 Florida Statutes, are amended to read:
17 55.604 Recognition and enforcement.--Except as
18 provided in s. 55.605, a foreign judgment meeting the
19 requirements of s. 55.603 is conclusive between the parties to
20 the extent that it grants or denies recovery of a sum of
21 money. Procedures for recognition and enforceability of a
22 foreign judgment shall be as follows:
23 (6) Once an order recognizing the foreign judgment has
24 been entered by a court of this state, the order and a copy of
25 the judgment shall be filed with the Department of State and
26 may be recorded in any other county of this state without
27 further notice or proceedings, and shall be enforceable in the
28 same manner as the judgment of a court of this state.
29 (8) A judgment lien on personal property is acquired
30 only when a judgment lien certificate is filed in accordance
31 with s. 55.203 satisfying the requirements of s. 55.203 has
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1 been recorded with the Department of State.
2 Section 11. Section 55.605, Florida Statutes, is
3 amended to read:
4 55.605 Grounds for nonrecognition.--
5 (1) A foreign judgment is not conclusive if:
6 (a) The judgment was rendered under a system which
7 does not provide impartial tribunals or procedures compatible
8 with the requirements of due process of law.
9 (b) The foreign court did not have personal
10 jurisdiction over the defendant.
11 (c) The foreign court did not have jurisdiction over
12 the subject matter.
13 (2) A foreign judgment need not be recognized if:
14 (a) The defendant in the proceedings in the foreign
15 court did not receive notice of the proceedings in sufficient
16 time to enable him or her to defend.
17 (b) The judgment was obtained by fraud.
18 (c) The cause of action or claim for relief on which
19 the judgment is based is repugnant to the public policy of
20 this state.
21 (d) The judgment conflicts with another final and
22 conclusive order.
23 (e) The proceeding in the foreign court was contrary
24 to an agreement between the parties under which the dispute in
25 question was to be settled otherwise than by proceedings in
26 that court.
27 (f) In the case of jurisdiction based only on personal
28 service, the foreign court was a seriously inconvenient forum
29 for the trial of the action.
30 (g) The foreign jurisdiction where judgment was
31 rendered would not give recognition to a similar judgment
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1 rendered in this state. For purposes of this paragraph, the
2 Secretary of State shall establish and maintain a list of
3 foreign jurisdictions where the condition specified in this
4 paragraph has been found to apply.
5 Section 12. Section 56.21, Florida Statutes, is
6 amended to read:
7 56.21 Execution sales; notice.--Notice of all sales
8 under execution shall be given by advertisement once each week
9 for 4 successive weeks in a newspaper published in the county
10 in which the sale is to take place. The time of such notice
11 may be shortened in the discretion of the court from which the
12 execution issued, upon affidavit that the property to be sold
13 is subject to decay and will not sell for its full value if
14 held until date of sale. On or before the date of the first
15 publication or posting of the notice of sale, a copy of the
16 notice of sale shall be furnished by certified mail to the
17 attorney of record of the judgment debtor, or to the judgment
18 debtor at the judgment debtor's last known address if the
19 judgment debtor does not have an attorney of record. Such copy
20 of the notice of sale shall be mailed even though a default
21 judgment was entered. When levying upon personal property, a
22 notice of such levy and execution sale and a copy of the
23 affidavit required by s. 56.27(4) shall be made by the levying
24 creditor to the attorney of record of the judgment creditor or
25 the judgment creditor who has acquired a judgment lien
26 recorded a judgment lien certificate as provided in s. 55.202
27 or s. 55.204(3) at the address listed in the judgment lien
28 certificate, or, if amended, in any amendment to the judgment
29 lien certificate, and to all secured creditors who have filed
30 financing statements as provided in s. 679.401 in the name of
31 the judgment debtor reflecting a security interest in property
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1 of the kind to be sold at the execution sale at the address
2 listed in the financing statement, or, if amended, in any
3 amendment to the financing statement. Such notice shall be
4 made in the same manner as notice is made to any judgment
5 debtor under this section. When levying upon real property,
6 notice of such levy and execution sale shall be made to the
7 property owner of record in the same manner as notice is made
8 to any judgment debtor pursuant to this section. When selling
9 real or personal property, the sale date shall not be earlier
10 than 30 days after the date of the first advertisement.
11 Section 13. Subsections (1) and (2) of section 56.27,
12 Florida Statutes, are amended to read:
13 56.27 Executions; payment of money collected.--
14 (1) All money received under executions shall be paid,
15 in the order prescribed, to the following: the sheriff, for
16 costs; the levying creditor in the amount of $500 as
17 liquidated expenses; and the priority lienholder under s.
18 55.202, s. 55.204(3), or s. 55.208(2) judgment lienholder
19 having the earliest recorded judgment lien acquired under ss.
20 55.202 and 55.204(3), as set forth in an affidavit required by
21 subsection (4), or his or her attorney, in satisfaction of the
22 judgment lien, provided that the judgment lien has not lapsed
23 at the time of the levy. The receipt of the attorney shall be
24 a release of the officer paying the money to him or her. When
25 the name of more than one attorney appears in the court file,
26 the money shall be paid to the attorney who originally
27 commenced the action or who made the original defense unless
28 the file shows that another attorney has been substituted.
29 (2) When property sold under execution brings more
30 than the amount needed to satisfy the provisions of subsection
31 (1), the surplus shall be paid in the order of priority to any
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1 judgment lienholders whose judgment liens have not lapsed.
2 Priority shall be based on the effective date of the judgment
3 lien acquired under s. 55.202, or s. 55.204(3), or s.
4 55.208(2), as set forth in an affidavit required under
5 subsection (4). If there is a surplus after all valid judgment
6 liens and execution liens have been satisfied, the surplus
7 must be paid to the defendant.
8 Section 14. Section 77.01, Florida Statutes, is
9 amended to read:
10 77.01 Right to garnishment.--Every person or entity
11 who has sued to recover a debt or has recovered judgment in
12 any court against any person or entity has a right to a writ
13 of garnishment, in the manner hereinafter provided, to subject
14 any debt due or any debt under a negotiable instrument that
15 will become due to defendant by a third person or any debt not
16 evidenced by a negotiable instrument that will become due
17 absolutely through the passage of time only to the defendant
18 by a third person, and any tangible or intangible personal
19 property of defendant in the possession or control of a third
20 person. The officers, agents, and employees of any companies
21 or corporations are third persons in regard to the companies
22 or corporations, and as such are subject to garnishment after
23 judgment against the companies or corporations.
24 Section 15. Section 77.041, Florida Statutes, is
25 amended to read:
26 77.041 Notice to individual defendant for claim of
27 exemption from garnishment; procedure for hearing.--
28 (1) Upon application for a writ of garnishment by a
29 plaintiff, if the defendant is an individual, the clerk of the
30 court shall attach to the writ the following "Notice to
31 Defendant":
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HOUSE AMENDMENT
hbd-06 Bill No. HB 601
Amendment No. ___ (for drafter's use only)
1
2 NOTICE TO DEFENDANT OF RIGHT AGAINST
3 GARNISHMENT OF WAGES, MONEY,
4 AND OTHER PROPERTY
5
6 The Writ of Garnishment delivered to you with this
7 Notice means that wages, money, and other property belonging
8 to you have been garnished to pay a court judgment against
9 you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES,
10 MONEY, OR PROPERTY. READ THIS NOTICE CAREFULLY.
11 State and federal laws provide that certain wages,
12 money, and property, even if deposited in a bank, savings and
13 loan, or credit union, may not be taken to pay certain types
14 of court judgments. Such wages, money, and property are exempt
15 from garnishment. The major exemptions are listed below on the
16 form for Claim of Exemption and Request for Hearing. This list
17 does not include all possible exemptions. You should consult a
18 lawyer for specific advice.
19 TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY
20 FROM BEING GARNISHED, OR TO GET BACK ANYTHING
21 ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR
22 CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS
23 SET FORTH BELOW AND HAVE THE FORM NOTARIZED.
24 YOU MUST FILE THE FORM WITH THE CLERK'S OFFICE
25 WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS
26 NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU
27 MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM
28 TO THE PLAINTIFF AND THE GARNISHEE AT THE
29 ADDRESSES LISTED ON THE WRIT OF GARNISHMENT.
30 If you request a hearing, it will be held as soon as
31 possible after your request is received by the court. The
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Amendment No. ___ (for drafter's use only)
1 plaintiff must file any objection within 2 business days if
2 you hand delivered to the plaintiff a copy of the form for
3 Claim of Exemption and Request for Hearing or, alternatively,
4 7 days if you mailed a copy of the form for claim and request
5 to the plaintiff. If the plaintiff files an objection to your
6 Claim of Exemption and Request for Hearing, the clerk will
7 notify you and the other parties of the time and date of the
8 hearing. You may attend the hearing with or without an
9 attorney. If the plaintiff fails to file an objection, no
10 hearing is required, the writ of garnishment will be dissolved
11 and your wages, money, or property will be released.
12 YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION
13 IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR
14 PROPERTY FROM BEING APPLIED TO THE COURT
15 JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL
16 ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD
17 SEE A LAWYER. IF YOU CANNOT AFFORD A PRIVATE
18 LAWYER, LEGAL SERVICES MAY BE AVAILABLE.
19 CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE
20 CLERK'S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM
21 IN YOUR AREA.
22
23 CLAIM OF EXEMPTION AND
24 REQUEST FOR HEARING
25
26 I claim exemptions from garnishment under the following
27 categories as checked:
28 .... 1. Head of family wages. (You must check a.
29 or b. below.)
30 .... a. I provide more than one-half of the
31 support for a child or other dependent and
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Amendment No. ___ (for drafter's use only)
1 have net earnings of $500 or less per week.
2 .... b. I provide more than one-half of the
3 support for a child or other dependent, have
4 net earnings of more than $500 per week, but
5 have not agreed in writing to have my wages
6 garnished.
7 .... 2. Social Security benefits.
8 .... 3. Supplemental Security Income benefits.
9 .... 4. Public assistance (welfare).
10 .... 5. Workers' Compensation.
11 .... 6. Unemployment Compensation.
12 .... 7. Veterans' benefits.
13 .... 8. Retirement or profit-sharing benefits or
14 pension money.
15 .... 9. Life insurance benefits or cash surrender
16 value of a life insurance policy or proceeds
17 of annuity contract.
18 .... 10. Disability income benefits.
19 .... 11. Prepaid College Trust Fund or Medical
20 Savings Account.
21 .... 12. Other exemptions as provided by law.
22 ................................(explain)
23
24 I request a hearing to decide the validity of my claim. Notice
25 of the hearing should be given to me at:
26
27 Address: ................................
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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hbd-06 Bill No. HB 601
Amendment No. ___ (for drafter's use only)
1
2 ................................
3 Defendant's signature
4 Date................................
5
6 STATE OF FLORIDA
7 COUNTY OF
8
9 Sworn and subscribed to before me this ........ day of
10 ...(month and year)..., by ...(name of person making
11 statement)...
12 Notary Public/Deputy Clerk
13 Personally Known ........OR Produced Identification....
14 Type of Identification Produced....................
15
16 (2) The plaintiff must mail, by first class, a copy of
17 the writ of garnishment, a copy of the motion for writ of
18 garnishment, and, if the defendant is an individual, the
19 "Notice to Defendant" to the defendant's last known address
20 within 5 business days after the writ is issued or 3 business
21 days after the writ is served on the garnishee, whichever is
22 later. However, if such documents are returned as
23 undeliverable by the post office, or if the last known address
24 is not discoverable after diligent search, the plaintiff must
25 mail, by first class, the documents to the defendant at the
26 defendant's place of employment. The plaintiff shall file in
27 the proceeding a certificate of such service.
28 (3) Upon the filing by a defendant of a claim of
29 exemption and request for hearing, a hearing will be held as
30 soon as is practicable to determine the validity of the
31 claimed exemptions. If the plaintiff does not file a sworn
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Amendment No. ___ (for drafter's use only)
1 written statement that contests the defendant's claim of
2 exemption within 2 business days after hand delivering the
3 claim and request or, alternatively, 7 business days, if the
4 claim and request were served by mail, no hearing is required
5 and the clerk must automatically dissolve the writ and notify
6 the parties of the dissolution by mail.
7 Section 16. Subsection (5) of section 678.1051,
8 Florida Statutes, is amended to read:
9 678.1051 Notice of adverse claim.--
10 (5) Filing of a financing statement under chapter 679
11 or a judgment lien certificate under chapter 55 is not notice
12 of an adverse claim to a financial asset.
13 Section 17. Paragraph (a) of subsection (5) of section
14 713.901, Florida Statutes, and subsections (6) and (7) of that
15 section are amended to read:
16 713.901 Florida Uniform Federal Lien Registration
17 Act.--
18 (5) DUTIES OF FILING OFFICER.--
19 (a) If a notice of federal lien, a refiling of a
20 notice of federal lien, or a notice of revocation of any
21 certificate described in paragraph (b) is presented to a
22 filing officer who is:
23 1. The Secretary of State or his or her designee, the
24 filing officer he or she shall cause the notice to be marked,
25 held, and indexed in accordance with the provisions of s.
26 55.202 and 55.203 s. 679.403(4), as if the notice were a
27 financing statement within the meaning of the Uniform
28 Commercial Code.
29 2. Any other officer described in subsection (3), the
30 filing officer he or she shall mark and index the notice or
31 certificate in the same manner as other instruments filed for
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1 recording in the official records.
2 (6) FEES.--The charges or fees of the Secretary of
3 State, with respect to a notice or certificate filed under
4 this section, or for searching records with respect thereto,
5 shall be the same as prescribed in s. ss. 15.091 and 679.402,
6 for filing and indexing financing statements or other writings
7 under chapter 679, or for searching records with respect
8 thereto. The charges or fees of the clerks of the circuit
9 court with respect to a notice or certificate filed under this
10 section shall be the same as prescribed in s. 28.24, relating
11 to instruments recorded in the official records.
12 (7) UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This
13 section shall be applied and construed to effectuate its
14 general purpose to make uniform the law with respect to the
15 subject of this section among the states enacting it and to
16 permit a filing officer, including the Secretary of State, who
17 is now using a paper filing system to record notices of liens,
18 certificates, and other notices affecting federal tax liens or
19 other federal liens to use a filing system consisting of paper
20 or an electronic or magnetic medium, or some combination
21 thereof, as he or she considers appropriate, and to permit
22 federal officials to file notices of liens upon real or
23 personal property for obligations payable to the United
24 States, and certificates and notices affecting those liens,
25 under the filing system being maintained by the Secretary of
26 State or the filing officer.
27 Section 18. This act shall take effect October 1,
28 2001.
29
30
31
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hbd-06 Bill No. HB 601
Amendment No. ___ (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 remove from the title of the bill: the entire title
4
5 and insert in lieu thereof:
6 A bill to be entitled
7 An act relating to judgments and liens;
8 amending s. 55.201, F.S.; conforming
9 terminology; amending s. 55.202, F.S.;
10 clarifying enforceable judgments subject to
11 law; amending s. 55.203, F.S.; providing for
12 electronic filing of liens, assessments,
13 warrants, and judgments directly into database;
14 amending s. 55.204, F.S.; clarifying content of
15 judgment lien certificates; conforming
16 terminology and clarifying filekeeping of
17 judgment lien files by the Department of State;
18 providing that filing of a judgment lien
19 certificate does not extend the life of a
20 judgment, order, decree, or warrant; amending
21 s. 55.205, F.S.; clarifying the effect of
22 judgment liens upon buyers who buy without
23 notice as defined in s. 678.1051, F.S.;
24 amending s. 55.206, F.S.; conforming
25 terminology regarding amendments of judgment
26 lien files; amending s. 55.207, F.S.;
27 conforming terminology regarding correction of
28 judgment lien files; amending s. 55.208, F.S.;
29 conforming terminology regarding effect of
30 filed judgment liens on writs of execution
31 previously delivered to sheriffs; amending s.
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hbd-06 Bill No. HB 601
Amendment No. ___ (for drafter's use only)
1 55.209, F.S.; clarifying provisions regarding
2 processing fees of judgment lien filing;
3 amending s. 55.604, F.S.; eliminating
4 requirement to file foreign judgments with the
5 Department of State; amending s. 55.605, F.S.;
6 eliminating requirements that the Secretary of
7 State maintain a list of foreign jurisdictions
8 recognizing judgments; amending s. 56.21, F.S.;
9 clarifying provisions regarding execution
10 sales; amending s. 56.27, F.S.; clarifying
11 provisions regarding execution and payments
12 thereunder; amending s. 77.01, F.S.; providing
13 that certain debts related to negotiable
14 instruments are not subject to garnishment;
15 amending s. 77.041, F.S.; providing that only
16 individuals subject to garnishment must be
17 provided a "Notice to Defendant"; amending s.
18 678.1051, F.S.; providing that a judgment lien
19 certificate does not constitute an adverse
20 claim against a financial asset; amending s.
21 713.901, F.S., the Florida Uniform Federal Lien
22 Registration Act; providing procedures for
23 filing documentation relating to federal liens;
24 providing an effective date.
25
26
27
28
29
30
31
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