HB 0955CS

CHAMBER ACTION




1The Committee on Transportation recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to judgment liens; amending s. 55.141,
7F.S.; eliminating authority of judges to act under
8provisions relating to satisfaction of judgments and
9decrees when there is no clerk of court; revising
10requirements of the clerk when accepting payment for
11satisfaction of a judgment and executing and recording a
12satisfaction of judgment; providing a sample form for
13recording a satisfaction of judgment; providing duties of
14the clerk relating to location and notification of
15judgment holders and payment of certain amounts to
16judgment holders, less certain fees and expenses; amending
17s. 55.202, F.S.; revising procedures for acquiring a
18judgment lien; providing court authorization to file a
19judgment lien certificate before a judgment becomes final
20under certain circumstances; providing effect; amending s.
2155.204, F.S.; revising provisions relating to continuation
22of judgment liens; revising provisions requiring the
23Department of State to maintain certain files and
24information; amending s. 55.205, F.S.; deleting a
25provision authorizing certain creditors to bring certain
26actions against property of a debtor; amending ss. 55.602,
2755.603, 55.604, 55.605, and 55.606, F.S.; revising
28provisions relating to foreign judgments to apply only to
29out-of-country foreign judgments; amending s. 56.21, F.S.;
30revising requirements for notices of a levy and execution
31sale; amending s. 56.27, F.S.; clarifying provisions
32relating to payment of money received under execution;
33amending s. 56.29, F.S.; revising requirements regarding
34supplementary proceedings for unsatisfied judgments;
35amending s. 222.01, F.S.; expanding application of certain
36judgment and lien provisions to designations of homestead
37property before a levy to include foreign judgments;
38amending s. 319.27, F.S.; correcting a cross reference;
39amending s. 679.1021, F.S.; revising a definition of "lien
40creditor"; providing effective dates.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Effective July 1, 2004, section 55.141, Florida
45Statutes, as amended by chapter 2003-402, Laws of Florida, is
46amended to read:
47     55.141  Satisfaction of judgments and decrees; duties of
48clerk and judge.--
49     (1)  All judgments and decrees for the payment of money
50rendered in the courts of this state and which have become
51final, may be satisfied at any time prior to the actual levy of
52execution issued thereon by payment of the full amount of such
53judgment or decree, with interest thereon, plus the costs of the
54issuance, if any, of execution thereon into the registry of the
55court where rendered.
56     (2)  Upon such payment, the clerk, or the judge if there is
57no clerk, shall execute issue his or her receipt therefor and
58shall record in the official records a satisfaction of judgment,
59provided by the judgment holder, upon payment of the recording
60charge prescribed in s. 28.24(12). Upon payment in the amount
61required in subsection (1) and the recording charge required by
62this subsection and execution and recordation of the
63satisfaction by the clerk, any lien created by such judgment is
64satisfied and discharged plus the necessary costs of mailing to
65the clerk or judge. The clerk or judge shall formally notify the
66owner of record of such judgment or decree, if such person and
67his or her address are known to the clerk or judge receiving
68such payment, and, upon request therefor, shall pay over to the
69person entitled, or to his or her order, the full amount of the
70payment so received, less his or her fees for issuing execution
71on such judgment or decree, if any has been issued, and less his
72or her fees for receiving into and paying out of the registry of
73the court such payment, together with the fees of the clerk for
74receiving into and paying such money out of the registry of the
75court.
76     (3)  The satisfaction of judgment executed by the clerk
77shall be substantially in the following form:
78
79
Satisfaction of Judgment by Clerk
80
81The undersigned Clerk acknowledges on this   day of [month],
82[year], receipt from [identity of party making payment] of $
83[total amount received], comprised of $      face amount of the
84judgment; $    interest accruing on the judgment through the
85date of payment; $   costs of issuance of any execution; and $      
86for recording.
87
88Pursuant to section 55.141, Florida Statutes, said sum is paid
89to satisfy the lien and to discharge that certain final judgment
90in favor of [name of judgment holder] whose last known address,
91if known, is [address if shown on face of judgment or in
92recorded affidavit pursuant to section 55.10(1), Florida
93Statutes] against [name of judgment debtor] recorded in Official
94Records Volume/Book    , page    of the public records of    
95County, Florida.
96
97Upon the execution of this satisfaction, said judgment is
98satisfied and discharged.
99
100If an address for the judgment holder was provided pursuant to
101section 55.10(1), Florida Statutes, I certify that a copy of
102this notice has been sent to the judgment holder at said address
103by certified mail with return receipt requested or by registered
104mail if the notice is to be sent outside the continental United
105States.
106
107Clerk of Court Full payment of judgments and decrees as in the
108preceding subsections of this section provided shall constitute
109full payment and satisfaction thereof and any lien created by
110such judgment or decree shall thereupon be satisfied and
111discharged.
112     (4)  If an address for the judgment holder was provided
113pursuant to s. 55.10(1), the clerk shall formally send a copy of
114the satisfaction to the judgment holder at said address by
115certified mail with return receipt or by registered mail if the
116notice is to be sent outside the continental United States. If
117an address is not provided pursuant to s. 55.10(1) or if
118delivery cannot be effected to such address, the clerk may, but
119is not obligated to, make reasonable attempts to locate the
120judgment holder. The discharge of the lien by the issuance of
121the satisfaction is not dependent upon the delivery of notice by
122the clerk.
123     (5)  Upon application of the judgment holder, the clerk
124shall pay over to the judgment holder the full amount of the
125payment received, less the clerk's fees for issuing execution on
126such judgment, if any has been issued, less the clerk's fees for
127receiving into and paying out of the registry of the court such
128payment, less the clerk's fees for recording the satisfaction of
129judgment, and, if the clerk incurred expenses in locating the
130judgment holder, less the reasonable expenses so incurred.
131     Section 2.  Subsections (2) and (3) of section 55.202,
132Florida Statutes, are amended to read:
133     55.202  Judgments, orders, and decrees; lien on personal
134property.--
135     (2)  A judgment lien may be acquired on a judgment debtor's
136interest in all personal property in this state subject to
137execution under s. 56.061, other than fixtures, money,
138negotiable instruments, and mortgages.
139     (a)  A judgment lien is acquired by filing a judgment lien
140certificate in accordance with s. 55.203 with the Department of
141State after the judgment has become final and if the time to
142move for rehearing has lapsed, no motion for rehearing is
143pending, and no stay of the judgment or its enforcement is then
144in effect. A court may authorize, for cause shown, the filing of
145a judgment lien certificate before a judgment has become final
146when the court has authorized the issuance of a writ of
147execution in the same matter. A judgment lien certificate not
148filed in compliance with this subsection is permanently void and
149of no effect.
150     (b)  For any lien, warrant, assessment, or judgment
151collected by the Department of Revenue, a judgment lien may be
152acquired by filing the judgment lien certificate information or
153warrant with the Department of State in accordance with
154subsection (5).
155     (c)  Except as provided in s. 55.208, the effective date of
156a judgment lien is the date, including the time of day, of
157filing. Although no lien attaches to property, and a creditor
158does not become a lien creditor as to liens under chapter 679,
159until the debtor acquires an interest in the property, priority
160among competing judgment liens is determined in order of filing
161date and time.
162     (d)  Except as provided in s. 55.204(3), a judgment
163creditor may file only one effective judgment lien certificate
164based upon a particular judgment.
165     (3)  Except as otherwise provided in s. 55.208, the
166priority of a judgment lien acquired in accordance with this
167section or s. 55.204(3) is established at the date and time the
168judgment lien certificate is filed.
169     Section 3.  Subsections (4) and (6) of section 55.204,
170Florida Statutes, are amended to read:
171     55.204  Duration and continuation of judgment lien;
172destruction of records.--
173     (4)  A judgment lien continues only as to itemized property
174for an additional 90 days after lapse of the lien. Such judgment
175lien will continue only if:
176     (a)  The property had been itemized and its location
177described with sufficient particularity in the instructions for
178levy to permit the sheriff to act;
179     (b)  The instructions for the levy had been delivered to
180the sheriff prior to the date of lapse of the lien to permit the
181sheriff to act; and
182     (c)  The property was located in the county in which the
183sheriff has jurisdiction at the time of delivery of the
184instruction for levy. Subsequent removal of the property does
185not defeat the lien. A court may order continuation of the lien
186beyond the 90-day period on a showing that extraordinary
187circumstances have prevented levy.
188     (6)  If no second judgment lien is filed, the Department of
189State shall maintain each judgment lien file and all information
190contained therein for a minimum of 1 year after the judgment
191lien lapses in accordance with this section. If a second
192judgment lien is filed, the department shall maintain both files
193and all information contained in such files for a minimum of 1
194year after the second judgment lien lapses.
195     Section 4.  Subsection (1) of section 55.205, Florida
196Statutes, is amended to read:
197     55.205  Effect of judgment lien.--
198     (1)  A valid judgment lien gives the judgment creditor the
199right to proceed against the property of the debtor through writ
200of execution, garnishment, or other judicial process. A judgment
201creditor who has not acquired a judgment lien as provided in s.
20255.202 or whose lien has lapsed may nevertheless proceed against
203the judgment debtor's property through any appropriate other
204judicial process. Such judgment creditor proceeding by writ of
205execution acquires a lien as of the time of levy and only on the
206property levied upon. Except as provided in s. 55.208, such
207judgment creditor takes subject to the claims and interest of
208priority judgment creditors.
209     Section 5.  Subsection (2) of section 55.602, Florida
210Statutes, is amended to read:
211     55.602  Definitions.--As used in this act, the term:
212     (2)  "Out-of-country foreign judgment" means any judgment
213of a foreign state granting or denying recovery of a sum of
214money, other than a judgment for taxes, a fine, or other
215penalty.
216     Section 6.  Section 55.603, Florida Statutes, is amended to
217read:
218     55.603  Applicability.--This act applies to any out-of-
219country foreign judgment that is final and conclusive and
220enforceable where rendered, even though an appeal therefrom is
221pending or is subject to appeal.
222     Section 7.  Section 55.604, Florida Statutes, is amended to
223read:
224     55.604  Recognition and enforcement.--Except as provided in
225s. 55.605, an out-of-country a foreign judgment meeting the
226requirements of s. 55.603 is conclusive between the parties to
227the extent that it grants or denies recovery of a sum of money.
228Procedures for recognition and enforceability of an out-of-
229country a foreign judgment shall be as follows:
230     (1)  The out-of-country foreign judgment shall be filed
231with the clerk of the court and recorded in the public records
232in the county or counties where enforcement is sought.
233     (a)  At the time of the recording of an out-of-country a
234foreign judgment, the judgment creditor shall make and record
235with the clerk of the circuit court an affidavit setting forth
236the name, social security number, if known, and last known post-
237office address of the judgment debtor and of the judgment
238creditor.
239     (b)  Promptly upon the recording of the out-of-country
240foreign judgment and the affidavit, the clerk shall mail notice
241of the recording of the out-of-country foreign judgment, by
242registered mail with return receipt requested, to the judgment
243debtor at the address given in the affidavit and shall make a
244note of the mailing in the docket. The notice shall include the
245name and address of the judgment creditor and of the judgment
246creditor's attorney, if any, in this state. In addition, the
247judgment creditor may mail a notice of the recording of the
248judgment to the judgment debtor and may record proof of mailing
249with the clerk. The failure of the clerk to mail notice of
250recording will not affect the enforcement proceedings if proof
251of mailing by the judgment creditor has been recorded.
252     (2)  The judgment debtor shall have 30 days after service
253of the notice to file a notice of objection with the clerk of
254the court specifying the grounds for nonrecognition or
255nonenforceability under this act.
256     (3)  Upon the application of any party, and after proper
257notice, the circuit court shall have jurisdiction to conduct a
258hearing, determine the issues, and enter an appropriate order
259granting or denying recognition in accordance with the terms of
260this act.
261     (4)  If the judgment debtor fails to file a notice of
262objection within the required time, the clerk of the court shall
263record a certificate stating that no objection has been filed.
264     (5)  Upon entry of an order recognizing the out-of-country
265foreign judgment, or upon recording of the clerk's certificate
266set forth above, the out-of-country foreign judgment shall be
267enforced in the same manner as the judgment of a court of this
268state.
269     (6)  Once an order recognizing the out-of-country foreign
270judgment has been entered by a court of this state, the order
271and a copy of the judgment may be recorded in any other county
272of this state without further notice or proceedings, and shall
273be enforceable in the same manner as the judgment of a court of
274this state.
275     (7)  A lien on real estate in any county shall be created
276only when there has been recorded in the official records of the
277county (a) a certified copy of the judgment, and (b) a copy of
278the clerk's certificate or the order recognizing the out-of-
279country foreign judgment. The priority of such lien will be
280established as of the time the latter of the two recordings has
281occurred. Such lien may be partially released or satisfied by
282the person designated pursuant to paragraph (1).
283     (8)  A judgment lien on personal property is acquired only
284when a judgment lien certificate is filed in accordance with s.
28555.203 with the Department of State.
286     Section 8.  Section 55.605, Florida Statutes, is amended to
287read:
288     55.605  Grounds for nonrecognition.--
289     (1)  An out-of-country A foreign judgment is not conclusive
290if:
291     (a)  The judgment was rendered under a system which does
292not provide impartial tribunals or procedures compatible with
293the requirements of due process of law.
294     (b)  The foreign court did not have personal jurisdiction
295over the defendant.
296     (c)  The foreign court did not have jurisdiction over the
297subject matter.
298     (2)  An out-of-country A foreign judgment need not be
299recognized if:
300     (a)  The defendant in the proceedings in the foreign court
301did not receive notice of the proceedings in sufficient time to
302enable him or her to defend.
303     (b)  The judgment was obtained by fraud.
304     (c)  The cause of action or claim for relief on which the
305judgment is based is repugnant to the public policy of this
306state.
307     (d)  The judgment conflicts with another final and
308conclusive order.
309     (e)  The proceeding in the foreign court was contrary to an
310agreement between the parties under which the dispute in
311question was to be settled otherwise than by proceedings in that
312court.
313     (f)  In the case of jurisdiction based only on personal
314service, the foreign court was a seriously inconvenient forum
315for the trial of the action.
316     (g)  The foreign jurisdiction where judgment was rendered
317would not give recognition to a similar judgment rendered in
318this state.
319     Section 9.  Section 55.606, Florida Statutes, is amended to
320read:
321     55.606  Personal jurisdiction.--The out-of-country foreign
322judgment shall not be refused recognition for lack of personal
323jurisdiction if:
324     (1)  The defendant was served personally in the foreign
325state;
326     (2)  The defendant voluntarily appeared in the proceedings,
327other than for the purpose of protecting property seized or
328threatened with seizure in the proceedings or of contesting the
329jurisdiction of the court over him or her;
330     (3)  The defendant, prior to the commencement of the
331proceedings, had agreed to submit to the jurisdiction of the
332foreign court with respect to the subject matter involved;
333     (4)  The defendant was domiciled in the foreign state when
334the proceedings were instituted, or, being a body corporate, had
335its principal place of business, was incorporated, or had
336otherwise acquired corporate status, in the foreign state;
337     (5)  The defendant had a business office in the foreign
338state and the proceedings in the foreign court involved a cause
339of action or a claim for relief arising out of business done by
340the defendant through that office in the foreign state; or
341     (6)  The defendant operated a motor vehicle or airplane in
342the foreign state and the proceedings involved a cause of action
343or claim for relief arising out of such operation.
344     Section 10.  Effective October 1, 2004, section 56.21,
345Florida Statutes, is amended to read:
346     56.21  Execution sales; notice.--Notice of all sales under
347execution shall be given by advertisement once each week for 4
348successive weeks in a newspaper published in the county in which
349the sale is to take place. The time of such notice may be
350shortened in the discretion of the court from which the
351execution issued, upon affidavit that the property to be sold is
352subject to decay and will not sell for its full value if held
353until date of sale. On or before the date of the first
354publication or posting of the notice of sale, a copy of the
355notice of sale shall be furnished by certified mail to the
356attorney of record of the judgment debtor, or to the judgment
357debtor at the judgment debtor's last known address if the
358judgment debtor does not have an attorney of record. Such copy
359of the notice of sale shall be mailed even though a default
360judgment was entered. When levying upon personal property, a
361notice of such levy and execution sale and a copy of the
362affidavit required by s. 56.27(4) shall be sent by the sheriff
363made by the levying creditor to the attorneys attorney of record
364of all the judgment creditors, creditor or to all the judgment
365creditors who do not have an attorney of record, creditor who
366have has acquired a judgment lien as provided in s. 55.202 or s.
36755.204(3), and whose liens have not lapsed at the time of levy,
368at the address listed in the judgment lien certificate, or, if
369amended, in any amendment to the judgment lien certificate, and
370to all secured creditors who have filed financing statements as
371provided in part V of chapter 679 s. 679.401 in the name of the
372judgment debtor reflecting a security interest in property of
373the kind to be sold at the execution sale at the address listed
374in the financing statement, or, if amended, in any amendment to
375the financing statement. Such notice shall be made in the same
376manner as notice is made to any judgment debtor under this
377section. When levying upon real property, notice of such levy
378and execution sale shall be made to the property owner of record
379in the same manner as notice is made to any judgment debtor
380pursuant to this section. When selling real or personal
381property, the sale date shall not be earlier than 30 days after
382the date of the first advertisement.
383     Section 11.  Subsections (1), (2), and (4) of section
38456.27, Florida Statutes, are amended to read:
385     56.27  Executions; payment of money collected.--
386     (1)  All money received under executions shall be paid, in
387the order prescribed, to the following: the sheriff, for costs;
388the levying creditor in the amount of $500 as liquidated
389expenses; if the levy is upon real property, the first priority
390lienholder under s. 55.10; and if the levy is upon personal
391property, and the first priority lienholder under s. 55.202, s.
39255.204(3), or s. 55.208(2), as set forth in an affidavit
393required by subsection (4), or his or her attorney, in
394satisfaction of the judgment lien, provided that the judgment
395lien has not lapsed at the time of the levy. The receipt of the
396attorney shall be a release of the officer paying the money to
397him or her. When the name of more than one attorney appears in
398the court file, the money shall be paid to the attorney who
399originally commenced the action or who made the original defense
400unless the file shows that another attorney has been
401substituted.
402     (2)  When property sold under execution brings more than
403the amount needed to satisfy the provisions of subsection (1),
404the surplus shall be paid in the order of priority to any
405judgment lienholders whose judgment liens have not lapsed.
406Priority of liens on personal property shall be based on the
407effective date of the judgment lien acquired under s. 55.202, s.
40855.204(3), or s. 55.208(2), as set forth in an affidavit
409required under subsection (4). If there is a surplus after all
410valid judgment liens and execution liens have been satisfied,
411the surplus must be paid to the defendant.
412     (4)  On or Before the date of the first publication or
413posting of the notice of sale provided for under s. 56.21, the
414levying creditor shall deliver to the sheriff file an affidavit
415setting forth the following as to the judgment debtor:
416     (a)  An attestation that the levying creditor has reviewed
417the database or judgment lien records established in accordance
418with ss. 55.201-55.209 and that the information contained in the
419affidavit based on that review is true and correct;
420     (b)  The information required under s. 55.203(1) and (2)
421for each judgment lien certificate indexed under the name of the
422judgment debtor as to each judgment creditor; the file number
423assigned to the record of the original and, if any, the second
424judgment lien; and the date of filing for each judgment lien
425certificate under s. 55.202 or s. 55.204(3); and
426     (c)  A statement that the levying creditor either does not
427have any other levy in process or, if another levy is in
428process, the levying creditor believes in good faith that the
429total value of the property under execution does not exceed the
430amount of outstanding judgments.
431     Section 12.  Subsection (1) of section 56.29, Florida
432Statutes, is amended to read:
433     56.29  Proceedings supplementary.--
434     (1)  When any person or entity holds an unsatisfied
435judgment execution and has delivered a writ of execution to any
436sheriff, the judgment holder plaintiff in execution may file an
437affidavit so stating, identifying the issuing court, the case
438number, the unsatisfied amount of the judgment including accrued
439costs and interest, and that the execution is valid and
440outstanding, and thereupon the judgment holder is entitled to
441these proceedings supplementary to execution.
442     Section 13.  Subsections (2) and (4) of section 222.01,
443Florida Statutes, are amended to read:
444     222.01  Designation of homestead by owner before levy.--
445     (2)  When a certified copy of a judgment has been filed in
446the public records of a county pursuant to chapter 55 s. 55.10,
447a person who is entitled to the benefit of the provisions of the
448State Constitution exempting real property as homestead and who
449has a contract to sell or a commitment from a lender for a
450mortgage on the homestead may file a notice of homestead in the
451public records of the county in which the homestead property is
452located in substantially the following form:
453
454
NOTICE OF HOMESTEAD
455
456     To:...  (Name and address of judgment creditor as shown on
457recorded judgment and name and address of any other person shown
458in the recorded judgment to receive a copy of the Notice of
459Homestead).  ...
460
461     You are notified that the undersigned claims as homestead
462exempt from levy and execution under Section 4, Article X of the
463State Constitution, the following described property:
464
465
...  (Legal description)  ...
466
467     The undersigned certifies, under oath, that he or she has
468applied for and received the homestead tax exemption as to the
469above-described property, that _____ is the tax identification
470parcel number of this property, and that the undersigned has
471resided on this property continuously and uninterruptedly from
472...  (date)  ... to the date of this Notice of Homestead.
473Further, the undersigned will either convey or mortgage the
474above-described property pursuant to the following:
475
476     ...  (Describe the contract of sale or loan commitment by
477date, names of parties, date of anticipated closing, and amount.
478The name, address, and telephone number of the person conducting
479the anticipated closing must be set forth.)  ...
480
481     The undersigned also certifies, under oath, that the
482judgment lien filed by you on ...  (date)  ... and recorded in
483Official Records Book _____, Page _____, of the Public Records
484of __________ County, Florida, does not constitute a valid lien
485on the described property.
486
487     YOU ARE FURTHER NOTIFIED, PURSUANT TO SECTION 222.01 ET
488SEQ., FLORIDA STATUTES, THAT WITHIN 45 DAYS AFTER THE MAILING OF
489THIS NOTICE YOU MUST FILE AN ACTION IN THE CIRCUIT COURT OF
490__________ COUNTY, FLORIDA, FOR A DECLARATORY JUDGMENT TO
491DETERMINE THE CONSTITUTIONAL HOMESTEAD STATUS OF THE SUBJECT
492PROPERTY OR TO FORECLOSE YOUR JUDGMENT LIEN ON THE PROPERTY AND
493RECORD A LIS PENDENS IN THE PUBLIC RECORDS OF THE COUNTY WHERE
494THE HOMESTEAD IS LOCATED. YOUR FAILURE TO SO ACT WILL RESULT IN
495ANY BUYER OR LENDER, OR HIS OR HER SUCCESSORS AND ASSIGNS, UNDER
496THE ABOVE-DESCRIBED CONTRACT OF SALE OR LOAN COMMITMENT TO TAKE
497FREE AND CLEAR OF ANY JUDGMENT LIEN YOU MAY HAVE ON THE
498PROPERTY.
499
500     This _____ day of _______________, 2_____.
501______________________________
502...  (Signature of Owner)  ...
503
504______________________________
505...  (Printed Name of Owner)  ...
506
507______________________________
508...  (Owner's Address)  ...
509
510     Sworn to and subscribed before me by
511______________________________ who is personally known to me or
512produced ______________________________ as identification, this
513_____ day of _______________, 2_____.
514
515______________________________
516Notary Public
517
518     (4)  A lien pursuant to chapter 55 s. 55.10 of any lienor
519upon whom such notice is served, who fails to institute an
520action for a declaratory judgment to determine the
521constitutional homestead status of the property described in the
522notice of homestead or to file an action to foreclose the
523judgment lien, together with the filing of a lis pendens in the
524public records of the county in which the homestead is located,
525within 45 days after service of such notice shall be deemed as
526not attaching to the property by virtue of its status as
527homestead property as to the interest of any buyer or lender, or
528his or her successors or assigns, who takes under the contract
529of sale or loan commitment described above within 180 days after
530the filing in the public records of the notice of homestead.
531This subsection shall not act to prohibit a lien from attaching
532to the real property described in the notice of homestead at
533such time as the property loses its homestead status.
534     Section 14.  Subsection (2) and paragraph (b) of subsection
535(3) of section 319.27, Florida Statutes, are amended to read:
536     319.27  Notice of lien on motor vehicles or mobile homes;
537notation on certificate; recording of lien.--
538     (2)  No lien for purchase money or as security for a debt
539in the form of a security agreement, retain title contract,
540conditional bill of sale, chattel mortgage, or other similar
541instrument or any other nonpossessory lien, including a lien for
542child support, upon a motor vehicle or mobile home upon which a
543Florida certificate of title has been issued shall be
544enforceable in any of the courts of this state against creditors
545or subsequent purchasers for a valuable consideration and
546without notice, unless a sworn notice of such lien has been
547filed in the department and such lien has been noted upon the
548certificate of title of the motor vehicle or mobile home. Such
549notice shall be effective as constructive notice when filed. The
550No interest of a statutory nonpossessory lienor; the interest of
551a nonpossessory execution, attachment, or equitable lienor; or
552the interest of a lien creditor as defined in s. 679.1021(1)(zz)
553679.301(3), if nonpossessory, shall not be enforceable against
554creditors or subsequent purchasers for a valuable consideration
555unless such interest becomes a possessory lien or is noted upon
556the certificate of title for the subject motor vehicle or mobile
557home prior to the occurrence of the subsequent transaction.
558Provided the provisions of this subsection relating to a
559nonpossessory statutory lienor; a nonpossessory execution,
560attachment, or equitable lienor; or the interest of a lien
561creditor as defined in s. 679.1021(1)(zz) 679.301(3) shall not
562apply to liens validly perfected prior to October 1, 1988. The
563notice of lien shall provide the following information:
564     (a)  The date of the lien if a security agreement, retain
565title contract, conditional bill of sale, chattel mortgage, or
566other similar instrument was executed prior to the filing of the
567notice of lien;
568     (b)  The name and address of the registered owner;
569     (c)  A description of the motor vehicle or mobile home,
570showing the make, type, and vehicle identification number; and
571     (d)  The name and address of the lienholder.
572     (3)
573     (b)  As applied to a determination of the respective rights
574of a secured party under this chapter and a lien creditor as
575defined by s. 679.1021(1)(zz) 679.301(3), or a nonpossessory
576statutory lienor, a security interest under this chapter shall
577be perfected upon the filing of the notice of lien with the
578department, the county tax collector, or their agents. Provided,
579however, the date of perfection of a security interest of such
580secured party shall be the same date as the execution of the
581security agreement or other similar instrument if the notice of
582lien is filed in accordance with this subsection within 15 days
583after the debtor receives possession of the motor vehicle or
584mobile home and executes such security agreement or other
585similar instrument. The date of filing of the notice of lien
586shall be the date of its receipt by the department central
587office in Tallahassee, if first filed there, or otherwise by the
588office of the county tax collector, or their agents.
589     Section 15.  Paragraph (zz) of subsection (1) of section
590679.1021, Florida Statutes, is amended to read:
591     679.1021  Definitions and index of definitions.--
592     (1)  In this chapter, the term:
593     (zz)  "Lien creditor" means:
594     1.  A creditor that has acquired a lien on the property
595involved by attachment, levy, judgment lien certificate, or the
596like;
597     2.  An assignee for benefit of creditors from the time of
598assignment;
599     3.  A trustee in bankruptcy from the date of the filing of
600the petition; or
601     4.  A receiver in equity from the time of appointment.
602     Section 16.  Except as otherwise provided herein, this act
603shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.