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2 An act relating to judgments and liens;
3 amending s. 55.201, F.S.; conforming
4 terminology; amending s. 55.202, F.S.;
5 clarifying enforceable judgments subject to
6 law; amending s. 55.203, F.S.; providing for
7 electronic filing of liens, assessments,
8 warrants, and judgments directly into database;
9 amending s. 55.204, F.S.; clarifying content of
10 judgment lien certificates; conforming
11 terminology and clarifying filekeeping of
12 judgment lien files by the Department of State;
13 providing that filing of a judgment lien
14 certificate does not extend the life of a
15 judgment, order, decree, or warrant; amending
16 s. 55.205, F.S.; clarifying the effect of
17 judgment liens upon buyers who buy without
18 notice as defined in s. 678.1051, F.S.;
19 providing an exemption for fraudulent
20 conveyances; amending s. 55.206, F.S.;
21 conforming terminology regarding amendments of
22 judgment lien files; amending s. 55.207, F.S.;
23 conforming terminology regarding correction of
24 judgment lien files; amending s. 55.208, F.S.;
25 conforming terminology regarding effect of
26 filed judgment liens on writs of execution
27 previously delivered to sheriffs; amending s.
28 55.209, F.S.; clarifying provisions regarding
29 processing fees of judgment lien filing;
30 amending s. 55.604, F.S.; eliminating
31 requirement to file foreign judgments with the
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1 Department of State; amending s. 55.605, F.S.;
2 eliminating requirements that the Secretary of
3 State maintain a list of foreign jurisdictions
4 recognizing judgments; amending s. 56.21, F.S.;
5 clarifying provisions regarding execution
6 sales; amending s. 56.27, F.S.; clarifying
7 provisions regarding execution and payments
8 thereunder; amending s. 77.01, F.S.; providing
9 that certain debts related to negotiable
10 instruments are not subject to garnishment;
11 amending s. 77.041, F.S.; providing that only
12 individuals subject to garnishment must be
13 provided a "Notice to Defendant"; amending s.
14 678.1051, F.S.; providing that a judgment lien
15 certificate does not constitute an adverse
16 claim against a financial asset; amending s.
17 713.901, F.S., the Florida Uniform Federal Lien
18 Registration Act; providing procedures for
19 filing documentation relating to federal liens;
20 providing an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 55.201, Florida Statutes, is
25 amended to read:
26 55.201 Central database of judgment liens on personal
27 property.--The Department of State shall maintain a database
28 of judgment lien files records established in accordance with
29 ss. 55.201-55.209.
30 Section 2. Section 55.202, Florida Statutes, is
31 amended to read:
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1 55.202 Judgments, orders, and decrees; lien on
2 personal property.--
3 (1) A judgment lien securing the unpaid amount of any
4 money judgment may be acquired by the holder of a judgment
5 entered by:
6 (a) Enforceable in this state under its laws or the
7 laws of the United States A court of this state;
8 (b) A court of the United States having jurisdiction
9 in this state;
10 (c) A court of the United States or any other state to
11 the extent enforceable under the Florida Enforcement of
12 Foreign Judgments Act, ss. 55.501-55.509;
13 (d) A foreign state as defined in the Uniform
14 Out-of-country Foreign Money-Judgment Recognition Act, ss.
15 55.601-55.607, from the time and to the extent enforceable
16 thereunder;
17 (b)(e) Entered by an issuing tribunal with respect to
18 a support order being enforced in this state pursuant to
19 chapter 88; or
20 (c)(f) Enforceable by operation of law pursuant to s.
21 61.14(6).
22 (2) A judgment lien may be acquired on a the judgment
23 debtor's interest in all personal property in this state
24 subject to execution under s. 56.061 in this state, other than
25 fixtures, money, negotiable instruments, and mortgages.
26 (a) A judgment lien is acquired by filing recording a
27 judgment lien certificate in accordance with s. 55.203 with
28 the Department of State after the judgment has become final
29 and if no stay of the judgment or its enforcement is then in
30 effect at the time the certificate is filed.
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1 (b) For any tax lien, warrant, or assessment, or
2 judgment collected by the Department of Revenue granted by law
3 to the state or any of the political subdivisions for any tax
4 enumerated in s. 72.011, a judgment lien may be acquired by
5 filing the judgment lien certificate information recording the
6 lien or warrant with the Department of State in accordance
7 with s. 55.202(5).
8 (c) Except as provided in s. 55.208, the effective
9 date of a judgment lien is the date, including the time of
10 day, of filing. Although A judgment lien is effective as of
11 the date of recording, but no lien attaches to property, and a
12 creditor does not become a lien creditor as to liens under
13 chapter 679, until the debtor acquires an interest in the
14 property, priority among competing judgment liens is
15 determined in order of filing date and time.
16 (d) Except as provided in s. 55.204(3), a judgment
17 creditor may file record only one effective judgment lien
18 certificate based upon a particular judgment.
19 (3) Except as otherwise provided in s. 55.208, the
20 priority of a judgment lien acquired in accordance with this
21 section or s. 55.204(3) is established at the date and time
22 the judgment lien is filed recorded. Such judgment lien is
23 deemed recorded as of its effective date as provided in this
24 section or s. 55.204(3).
25 (4) As used in ss. 55.201-55.209, the terms "holder of
26 a judgment" and "judgment creditor" include the Department of
27 Revenue with respect to a judgment being enforced by the
28 Department of Revenue as the state IV-D agency.
29 (5) Liens, assessments, warrants, or judgments filed
30 pursuant to paragraph (2)(b) administered by or secured on
31 behalf of any state agency or political subdivision of the
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1 state may be filed directly into the central database by the
2 Department of Revenue such agency or subdivision through
3 electronic or information data exchange programs approved by
4 the Department of State. Such filings must contain the
5 information set forth in s. 55.203(1).
6 Section 3. Section 55.203, Florida Statutes, is
7 amended to read:
8 55.203 Judgment lien certificate; content, recording,
9 and indexing.--
10 (1) An original judgment lien certificate, as provided
11 in s. 55.202, must include:
12 (a) The legal name of each judgment debtor and, if a
13 recorded legal entity, the registered name and document filing
14 number as shown in the records of the Department of State.
15 (b) The last known address and social security number,
16 federal identification number, or, in the instance in which
17 the judgment creditor is a state agency or a political
18 subdivision of the state, a taxpayer or other distinct
19 identification number of each judgment debtor, except that in
20 cases of default judgment, the social security number must be
21 included only if known, or federal employer identification
22 number of each judgment debtor if shown on the judgment
23 itself.
24 (c) The legal name of the judgment creditor and, if a
25 recorded legal entity, the registered name and document filing
26 number as shown in the records of the Department of State, and
27 the name of the judgment creditor's attorney or duly
28 authorized representative, if any.
29 (d) The address and social security number or federal
30 employer identification number of the judgment creditor.
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1 (e) The identity of the court which entered the
2 judgment and the case number and the date the written judgment
3 was entered.
4 (f) The amount due on the money judgment and the
5 applicable interest rate.
6 (g) The signature of the judgment creditor or the
7 judgment creditor's attorney or duly authorized
8 representative.
9 (h) With respect to a lien acquired created by a
10 delivery of a writ of execution to a sheriff prior to October
11 1, 2001, an affidavit by the judgment creditor which attests
12 that the person or entity possesses any documentary evidence
13 of the date of delivery of the writ, and a statement of that
14 date or a certification by the sheriff of the date as provided
15 in s. 30.17(4).
16 (2) A second judgment lien certificate, as provided in
17 s. 55.204(3), must include the information required in
18 subsection (1) and must state the file number assigned to the
19 file record of the original judgment lien certificate, the
20 money amount remaining unpaid, and the interest accrued
21 thereon.
22 (3) An amendment, as provided in s. 55.206, or a
23 correction statement, as provided in s. 55.207, must state the
24 file number of the judgment lien file record to which the
25 amendment or correction statement relates and must state the
26 action, change, or statement to be added.
27 (4) The Department of State shall examine, for
28 compliance with ss. 55.201-55.209, each document submitted for
29 filing recording and shall accept or reject the document
30 accordingly. For each judgment lien certificate filed
31 recorded, the department shall:
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1 (a) Create a file record.
2 (b) Assign a unique file number to the record.
3 (c) Include the date and time of filing of the
4 judgment lien certificate.
5 (d) Maintain the file record in a database accessible
6 to the public via the Internet.
7 (e) Index the judgment lien certificate according to
8 the name of each judgment debtor.
9 (f) Index all subsequently filed documents relating to
10 an original judgment lien certificate in a manner that
11 associates them to the original judgment lien certificate.
12 (5) The validity of A judgment lien certificate
13 substantially satisfying the requirements of this section is
14 effective even if it has minor errors or omissions that make
15 the filing recorded under this section may not be defeated by
16 technical or clerical errors made in good faith which are not
17 seriously misleading, nor may any claim of estoppel be based
18 on such errors.
19 (6) The Department of State shall prescribe mandatory
20 forms of all documents to be filed under this section.
21 Section 4. Section 55.204, Florida Statutes, is
22 amended to read:
23 55.204 Duration and continuation of judgment lien;
24 destruction of records.--
25 (1) Except as provided in this section, a judgment
26 lien acquired under s. 55.202 lapses and becomes invalid 5
27 years after the date of filing recording the judgment lien
28 certificate.
29 (2) Liens securing the payment of child support or tax
30 obligations as set forth in s. 95.091(1)(b) shall not lapse
31 until 20 years after the date of the original filing of the
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1 warrant or other document required by law to establish a lien.
2 No second lien based on the original filing may be obtained.
3 (3) At any time within 6 months before or 6 months
4 after the scheduled lapse of a judgment lien under subsection
5 (1), the judgment creditor may acquire a second judgment lien
6 by filing recording a new judgment lien certificate. The
7 effective date of the second judgment lien is becomes
8 effective on the date of lapse of the original judgment lien
9 or on the date and time on which the judgment lien certificate
10 is filed recorded, whichever is later. The second judgment
11 lien is deemed recorded on its effective date. The second
12 judgment lien is deemed a new judgment lien and not a
13 continuation of the original judgment lien. The second
14 judgment lien permanently lapses and becomes invalid 5 years
15 after its filing effective date, and no additional liens based
16 on the original judgment or any judgment based on the original
17 judgment may be acquired obtained.
18 (4) A judgment lien continues only as to itemized
19 property for an additional 90 days after lapse of the lien.
20 Such judgment lien will continue only if:
21 (a) The property had been itemized and its location
22 described with sufficient particularity in the instructions
23 for levy;
24 (b) The levy had been delivered to the sheriff prior
25 to the date of lapse of the lien to permit the sheriff to act;
26 and
27 (c) The property was located in the county in which
28 the sheriff has jurisdiction at the time of delivery of the
29 instruction for levy. Subsequent removal of the property does
30 not defeat the lien. A court may order continuation of the
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1 lien beyond the 90-day period on a showing that extraordinary
2 circumstances have prevented levy.
3 (5) The date of lapse of a judgment lien whose
4 enforceability has been temporarily stayed or enjoined as a
5 result of any legal or equitable proceeding is tolled until 30
6 days after the stay or injunction is terminated.
7 (6) The Department of State shall maintain each
8 judgment lien file record and all information contained
9 therein for a minimum of 1 year after the judgment lien lapses
10 in accordance with this section.
11 (7) Nothing in this section shall be construed to
12 extend the life of a judgment lien beyond the time that the
13 underlying judgment, order, decree, or warrant otherwise
14 expires or becomes invalid pursuant to law.
15 Section 5. Section 55.205, Florida Statutes, is
16 amended to read:
17 55.205 Effect of judgment lien.--
18 (1) A valid judgment lien gives the judgment creditor
19 the right to proceed against take possession of the property
20 of the debtor subject to levy through writ of execution,
21 garnishment, or other judicial process. A judgment creditor
22 who has not acquired recorded a judgment lien as provided in
23 s. 55.202 certificate in accordance with s. 55.203 or whose
24 lien has lapsed may nevertheless proceed against take
25 possession of the judgment debtor's property through such
26 other judicial process. Such A judgment creditor proceeding by
27 writ of execution acquires obtains a lien as of the time of
28 levy and only on the property levied upon. Except as provided
29 in s. 55.208, such judgment creditor takes subject to the
30 claims and interest of priority judgment creditors.
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1 (2) A buyer in the ordinary course of business as
2 defined in s. 671.201(9) takes free of a judgment lien
3 acquired as provided in s. 55.202 or s. 55.204 created under
4 this section even though the buyer knows of its existence. A
5 valid security interest as defined in chapter 679 in
6 after-acquired property of the judgment debtor which is
7 perfected before the debtor acquires an interest in the
8 property prior to the effective date of a judgment lien takes
9 priority over the judgment lien on the after-acquired
10 property.
11 (3) An individual buyer of goods for personal, family,
12 or household use who buys the goods from a seller who held the
13 goods for personal, family, or household use, and who pays
14 value without knowledge that the goods are subject to a
15 judgment lien, is entitled, to the extent of the value paid,
16 to a lien on the goods superior to the judgment lien. If the
17 buyer has made improvements to the goods, or other reasons
18 justify doing so, a court may adjust the amount secured by the
19 lien as the equities may require. This subsection shall not
20 apply to:
21 (a) A transfer to a relative or an insider of the
22 judgment debtor, as such are defined at s. 726.102;
23 (b) A fraudulent transfer, as defined by s. 726.105,
24 s. 726.106, or 11 U.S.C. 548;
25 (c) A fraudulent asset conversion as defined by s.
26 222.30;
27 (d) Twenty-five percent of the transfer of goods by a
28 judgment debtor the value of which, in the aggregate, exceeds
29 $10,000;
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1 (e) Fifty percent of the transfer of goods by a
2 judgment debtor the value of which, in the aggregate, exceeds
3 $20,000;
4 (f) Seventy-five percent of the transfer of goods by a
5 judgment debtor the value of which, in the aggregate, exceeds
6 $25,000; or
7 (g) Any transfer of goods by a judgment debtor the
8 value of which, in the aggregate, exceeds $30,000.
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;
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1 (c) Provide the basis for the person's belief that the
2 judgment lien certificate was wrongfully filed or the file
3 record is inaccurate; and
4 (d) Indicate the manner in which the person believes
5 the file record should be corrected to cure any inaccuracy.
6 (3) The department shall ensure that a correction
7 statement is indexed and available in the same manner as any
8 filed recorded lien certificate in the central database of
9 judgment lien files records.
10 (4) The filing of a correction statement does not
11 affect the effectiveness of the judgment lien or other filing
12 filed record.
13 Section 8. Section 55.208, Florida Statutes, is
14 amended to read:
15 55.208 Effect of filed recorded judgment lien on writs
16 of execution previously delivered to a sheriff.--
17 (1) Any lien created by a writ of execution which has
18 been delivered to the sheriff of any county before October 1,
19 2001, remains in effect for 2 years thereafter as to any
20 property of the judgment debtor located in that county before
21 October 1, 2001, and remaining within that county after that
22 date. As to any property of the judgment debtor brought into
23 the county on or after October 1, 2001, such writs create no
24 lien, inchoate or otherwise.
25 (2) If a judgment creditor who has delivered a writ of
26 execution to a sheriff in any county prior to October 1, 2001,
27 properly files a judgment lien certificate with the Department
28 of State by October 1, 2003, the resulting judgment lien is
29 deemed filed recorded on the date the writ was delivered to
30 the sheriff as to all leviable property of the judgment debtor
31 subject to execution in this state under s. 56.061 which is
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1 located in that county on October 1, 2001, and that remains
2 continuously in that county thereafter. Priority of such
3 judgment liens is determined as of the effective date they are
4 considered to have been filed. As to all other property of the
5 judgment debtor, the effective date of the judgment lien is as
6 provided in s. 55.202. The duration of all judgment liens is
7 as provided in s. 55.204, regardless of the date on which a
8 lien is determined to have been recorded.
9 (3) If a judgment creditor who has delivered a writ of
10 execution to a sheriff in any county before October 1, 2001,
11 does not properly file record a judgment lien certificate with
12 the Department of State by October 1, 2003, such writ is
13 considered to have been abandoned and to be of no effect after
14 October 1, 2003.
15 Section 9. Section 55.209, Florida Statutes, is
16 amended to read:
17 55.209 Department of State; processing fees,
18 responsibilities.--
19 (1) Except for liens, assessments, warrants, or
20 judgments filed electronically by a state agency or a
21 political subdivision of the state, as provided in s.
22 55.202(2)(b) s. 55.202(6), the Department of State shall
23 collect the following nonrefundable processing fees for all
24 documents filed or recorded in accordance with ss.
25 55.201-55.209:
26 (a) For any judgment lien certificate or other
27 documents permitted to be filed, $20.
28 (b) For the certification of any filed recorded
29 document, $10.
30 (c) For copies of judgment lien documents which are
31 produced by the Department of State, $1 per page or part
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1 thereof. However, no charge may be collected for copies
2 provided in an on-line electronic format via the Internet.
3 (d) For indexing a judgment lien by multiple judgment
4 debtor names, $5 per additional name.
5 (e) For each additional facing page attached to a
6 judgment lien certificate or document permitted to be filed or
7 recorded, $5.
8 (2) Unless otherwise provided by law, the Department
9 of State may not conduct any search of the database
10 established under s. 55.201 to determine the existence of any
11 judgment lien file record or to perform any service other than
12 in connection with those services for which payment of
13 services are required under this section. The information
14 maintained in the database is for public notice purposes only
15 and the department may make no certification or determination
16 of the validity of any judgment lien acquired under ss. 55.202
17 and 55.204(3).
18 Section 10. Subsections (6) and (8) of section 55.604,
19 Florida Statutes, are amended to read:
20 55.604 Recognition and enforcement.--Except as
21 provided in s. 55.605, a foreign judgment meeting the
22 requirements of s. 55.603 is conclusive between the parties to
23 the extent that it grants or denies recovery of a sum of
24 money. Procedures for recognition and enforceability of a
25 foreign judgment shall be as follows:
26 (6) Once an order recognizing the foreign judgment has
27 been entered by a court of this state, the order and a copy of
28 the judgment shall be filed with the Department of State and
29 may be recorded in any other county of this state without
30 further notice or proceedings, and shall be enforceable in the
31 same manner as the judgment of a court of this state.
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1 (8) A judgment lien on personal property is acquired
2 only when a judgment lien certificate is filed in accordance
3 with s. 55.203 satisfying the requirements of s. 55.203 has
4 been recorded with the Department of State.
5 Section 11. Section 55.605, Florida Statutes, is
6 amended to read:
7 55.605 Grounds for nonrecognition.--
8 (1) A foreign judgment is not conclusive if:
9 (a) The judgment was rendered under a system which
10 does not provide impartial tribunals or procedures compatible
11 with the requirements of due process of law.
12 (b) The foreign court did not have personal
13 jurisdiction over the defendant.
14 (c) The foreign court did not have jurisdiction over
15 the subject matter.
16 (2) A foreign judgment need not be recognized if:
17 (a) The defendant in the proceedings in the foreign
18 court did not receive notice of the proceedings in sufficient
19 time to enable him or her to defend.
20 (b) The judgment was obtained by fraud.
21 (c) The cause of action or claim for relief on which
22 the judgment is based is repugnant to the public policy of
23 this state.
24 (d) The judgment conflicts with another final and
25 conclusive order.
26 (e) The proceeding in the foreign court was contrary
27 to an agreement between the parties under which the dispute in
28 question was to be settled otherwise than by proceedings in
29 that court.
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1 (f) In the case of jurisdiction based only on personal
2 service, the foreign court was a seriously inconvenient forum
3 for the trial of the action.
4 (g) The foreign jurisdiction where judgment was
5 rendered would not give recognition to a similar judgment
6 rendered in this state. For purposes of this paragraph, the
7 Secretary of State shall establish and maintain a list of
8 foreign jurisdictions where the condition specified in this
9 paragraph has been found to apply.
10 Section 12. Section 56.21, Florida Statutes, is
11 amended to read:
12 56.21 Execution sales; notice.--Notice of all sales
13 under execution shall be given by advertisement once each week
14 for 4 successive weeks in a newspaper published in the county
15 in which the sale is to take place. The time of such notice
16 may be shortened in the discretion of the court from which the
17 execution issued, upon affidavit that the property to be sold
18 is subject to decay and will not sell for its full value if
19 held until date of sale. On or before the date of the first
20 publication or posting of the notice of sale, a copy of the
21 notice of sale shall be furnished by certified mail to the
22 attorney of record of the judgment debtor, or to the judgment
23 debtor at the judgment debtor's last known address if the
24 judgment debtor does not have an attorney of record. Such copy
25 of the notice of sale shall be mailed even though a default
26 judgment was entered. When levying upon personal property, a
27 notice of such levy and execution sale and a copy of the
28 affidavit required by s. 56.27(4) shall be made by the levying
29 creditor to the attorney of record of the judgment creditor or
30 the judgment creditor who has acquired a judgment lien
31 recorded a judgment lien certificate as provided in s. 55.202
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1 or s. 55.204(3) at the address listed in the judgment lien
2 certificate, or, if amended, in any amendment to the judgment
3 lien certificate, and to all secured creditors who have filed
4 financing statements as provided in s. 679.401 in the name of
5 the judgment debtor reflecting a security interest in property
6 of the kind to be sold at the execution sale at the address
7 listed in the financing statement, or, if amended, in any
8 amendment to the financing statement. Such notice shall be
9 made in the same manner as notice is made to any judgment
10 debtor under this section. When levying upon real property,
11 notice of such levy and execution sale shall be made to the
12 property owner of record in the same manner as notice is made
13 to any judgment debtor pursuant to this section. When selling
14 real or personal property, the sale date shall not be earlier
15 than 30 days after the date of the first advertisement.
16 Section 13. Subsections (1) and (2) of section 56.27,
17 Florida Statutes, are amended to read:
18 56.27 Executions; payment of money collected.--
19 (1) All money received under executions shall be paid,
20 in the order prescribed, to the following: the sheriff, for
21 costs; the levying creditor in the amount of $500 as
22 liquidated expenses; and the priority lienholder under s.
23 55.202, s. 55.204(3), or s. 55.208(2) judgment lienholder
24 having the earliest recorded judgment lien acquired under ss.
25 55.202 and 55.204(3), as set forth in an affidavit required by
26 subsection (4), or his or her attorney, in satisfaction of the
27 judgment lien, provided that the judgment lien has not lapsed
28 at the time of the levy. The receipt of the attorney shall be
29 a release of the officer paying the money to him or her. When
30 the name of more than one attorney appears in the court file,
31 the money shall be paid to the attorney who originally
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1 commenced the action or who made the original defense unless
2 the file shows that another attorney has been substituted.
3 (2) When property sold under execution brings more
4 than the amount needed to satisfy the provisions of subsection
5 (1), the surplus shall be paid in the order of priority to any
6 judgment lienholders whose judgment liens have not lapsed.
7 Priority shall be based on the effective date of the judgment
8 lien acquired under s. 55.202, or s. 55.204(3), or s.
9 55.208(2), as set forth in an affidavit required under
10 subsection (4). If there is a surplus after all valid judgment
11 liens and execution liens have been satisfied, the surplus
12 must be paid to the defendant.
13 Section 14. Section 77.01, Florida Statutes, is
14 amended to read:
15 77.01 Right to garnishment.--Every person or entity
16 who has sued to recover a debt or has recovered judgment in
17 any court against any person or entity has a right to a writ
18 of garnishment, in the manner hereinafter provided, to subject
19 any debt due or any debt under a negotiable instrument that
20 will become due to defendant by a third person or any debt not
21 evidenced by a negotiable instrument that will become due
22 absolutely through the passage of time only to the defendant
23 by a third person, and any tangible or intangible personal
24 property of defendant in the possession or control of a third
25 person. The officers, agents, and employees of any companies
26 or corporations are third persons in regard to the companies
27 or corporations, and as such are subject to garnishment after
28 judgment against the companies or corporations.
29 Section 15. Section 77.041, Florida Statutes, is
30 amended to read:
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1 77.041 Notice to individual defendant for claim of
2 exemption from garnishment; procedure for hearing.--
3 (1) Upon application for a writ of garnishment by a
4 plaintiff, if the defendant is an individual, the clerk of the
5 court shall attach to the writ the following "Notice to
6 Defendant":
7
8 NOTICE TO DEFENDANT OF RIGHT AGAINST
9 GARNISHMENT OF WAGES, MONEY,
10 AND OTHER PROPERTY
11
12 The Writ of Garnishment delivered to you with this
13 Notice means that wages, money, and other property belonging
14 to you have been garnished to pay a court judgment against
15 you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES,
16 MONEY, OR PROPERTY. READ THIS NOTICE CAREFULLY.
17 State and federal laws provide that certain wages,
18 money, and property, even if deposited in a bank, savings and
19 loan, or credit union, may not be taken to pay certain types
20 of court judgments. Such wages, money, and property are exempt
21 from garnishment. The major exemptions are listed below on the
22 form for Claim of Exemption and Request for Hearing. This list
23 does not include all possible exemptions. You should consult a
24 lawyer for specific advice.
25 TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY
26 FROM BEING GARNISHED, OR TO GET BACK ANYTHING
27 ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR
28 CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS
29 SET FORTH BELOW AND HAVE THE FORM NOTARIZED.
30 YOU MUST FILE THE FORM WITH THE CLERK'S OFFICE
31 WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS
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1 NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU
2 MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM
3 TO THE PLAINTIFF AND THE GARNISHEE AT THE
4 ADDRESSES LISTED ON THE WRIT OF GARNISHMENT.
5 If you request a hearing, it will be held as soon as
6 possible after your request is received by the court. The
7 plaintiff must file any objection within 2 business days if
8 you hand delivered to the plaintiff a copy of the form for
9 Claim of Exemption and Request for Hearing or, alternatively,
10 7 days if you mailed a copy of the form for claim and request
11 to the plaintiff. If the plaintiff files an objection to your
12 Claim of Exemption and Request for Hearing, the clerk will
13 notify you and the other parties of the time and date of the
14 hearing. You may attend the hearing with or without an
15 attorney. If the plaintiff fails to file an objection, no
16 hearing is required, the writ of garnishment will be dissolved
17 and your wages, money, or property will be released.
18 YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION
19 IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR
20 PROPERTY FROM BEING APPLIED TO THE COURT
21 JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL
22 ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD
23 SEE A LAWYER. IF YOU CANNOT AFFORD A PRIVATE
24 LAWYER, LEGAL SERVICES MAY BE AVAILABLE.
25 CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE
26 CLERK'S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM
27 IN YOUR AREA.
28
29 CLAIM OF EXEMPTION AND
30 REQUEST FOR HEARING
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1 I claim exemptions from garnishment under the following
2 categories as checked:
3 .... 1. Head of family wages. (You must check a.
4 or b. below.)
5 .... a. I provide more than one-half of the
6 support for a child or other dependent and
7 have net earnings of $500 or less per week.
8 .... b. I provide more than one-half of the
9 support for a child or other dependent, have
10 net earnings of more than $500 per week, but
11 have not agreed in writing to have my wages
12 garnished.
13 .... 2. Social Security benefits.
14 .... 3. Supplemental Security Income benefits.
15 .... 4. Public assistance (welfare).
16 .... 5. Workers' Compensation.
17 .... 6. Unemployment Compensation.
18 .... 7. Veterans' benefits.
19 .... 8. Retirement or profit-sharing benefits or
20 pension money.
21 .... 9. Life insurance benefits or cash surrender
22 value of a life insurance policy or proceeds
23 of annuity contract.
24 .... 10. Disability income benefits.
25 .... 11. Prepaid College Trust Fund or Medical
26 Savings Account.
27 .... 12. Other exemptions as provided by law.
28 ................................(explain)
29
30 I request a hearing to decide the validity of my claim. Notice
31 of the hearing should be given to me at:
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1
2 Address: ................................
3 Telephone number:........................
4
5 The statements made in this request are true to the best of my
6 knowledge and belief.
7
8 ................................
9 Defendant's signature
10 Date................................
11
12 STATE OF FLORIDA
13 COUNTY OF
14
15 Sworn and subscribed to before me this ........ day of
16 ...(month and year)..., by ...(name of person making
17 statement)...
18 Notary Public/Deputy Clerk
19 Personally Known ........OR Produced Identification....
20 Type of Identification Produced....................
21
22 (2) The plaintiff must mail, by first class, a copy of
23 the writ of garnishment, a copy of the motion for writ of
24 garnishment, and, if the defendant is an individual, the
25 "Notice to Defendant" to the defendant's last known address
26 within 5 business days after the writ is issued or 3 business
27 days after the writ is served on the garnishee, whichever is
28 later. However, if such documents are returned as
29 undeliverable by the post office, or if the last known address
30 is not discoverable after diligent search, the plaintiff must
31 mail, by first class, the documents to the defendant at the
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1 defendant's place of employment. The plaintiff shall file in
2 the proceeding a certificate of such 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 16. Subsection (5) of section 678.1051,
14 Florida Statutes, is amended to read:
15 678.1051 Notice of adverse claim.--
16 (5) Filing of a financing statement under chapter 679
17 or a judgment lien certificate under chapter 55 is not notice
18 of an adverse claim to a financial asset.
19 Section 17. Paragraph (a) of subsection (5) of section
20 713.901, Florida Statutes, and subsections (6) and (7) of that
21 section are amended to read:
22 713.901 Florida Uniform Federal Lien Registration
23 Act.--
24 (5) DUTIES OF FILING OFFICER.--
25 (a) If a notice of federal lien, a refiling of a
26 notice of federal lien, or a notice of revocation of any
27 certificate described in paragraph (b) is presented to a
28 filing officer who is:
29 1. The Secretary of State or his or her designee, the
30 filing officer he or she shall cause the notice to be marked,
31 held, and indexed in accordance with the provisions of s.
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1 55.202 and 55.203 s. 679.403(4), as if the notice were a
2 financing statement within the meaning of the Uniform
3 Commercial Code.
4 2. Any other officer described in subsection (3), the
5 filing officer he or she shall mark and index the notice or
6 certificate in the same manner as other instruments filed for
7 recording in the official records.
8 (6) FEES.--The charges or fees of the Secretary of
9 State, with respect to a notice or certificate filed under
10 this section, or for searching records with respect thereto,
11 shall be the same as prescribed in s. ss. 15.091 and 679.402,
12 for filing and indexing financing statements or other writings
13 under chapter 679, or for searching records with respect
14 thereto. The charges or fees of the clerks of the circuit
15 court with respect to a notice or certificate filed under this
16 section shall be the same as prescribed in s. 28.24, relating
17 to instruments recorded in the official records.
18 (7) UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This
19 section shall be applied and construed to effectuate its
20 general purpose to make uniform the law with respect to the
21 subject of this section among the states enacting it and to
22 permit a filing officer, including the Secretary of State, who
23 is now using a paper filing system to record notices of liens,
24 certificates, and other notices affecting federal tax liens or
25 other federal liens to use a filing system consisting of paper
26 or an electronic or magnetic medium, or some combination
27 thereof, as he or she considers appropriate, and to permit
28 federal officials to file notices of liens upon real or
29 personal property for obligations payable to the United
30 States, and certificates and notices affecting those liens,
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1 under the filing system being maintained by the Secretary of
2 State or the filing officer.
3 Section 18. This act shall take effect October 1,
4 2001.
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