HB 0427

1	A bill to be entitled
2	An act relating to procedures for the satisfaction of
3	debts; amending s. 55.141, F.S.; revising provisions
4	relating to satisfaction of judgments and decrees;
5	eliminating the authority of judges to act under these
6	provisions when there is no clerk of court; revising
7	requirements of the clerk when accepting payment for
8	satisfaction of a judgment and executing and recording a
9	satisfaction of judgment; providing a sample form to be
10	used by a clerk when recording a satisfaction of judgment;
11	revising provisions relating to notification of
12	satisfaction of judgment to a judgment holder; amending s.
13	55.202, F.S.; revising procedures for acquiring a judgment
14	lien; authorizing the court to file a judgment lien
15	certificate before a judgment becomes final under certain
16	circumstances; providing that an improperly filed
17	certificate is of no effect; amending s. 55.204, F.S.;
18	revising provisions relating to the continuation of
19	judgment liens; revising provisions requiring the
20	Department of State to maintain certain files and
21	information; amending s. 55.205, F.S.; deleting a
22	provision authorizing certain creditors to bring certain
23	actions against the property of a debtor; amending ss.
24	55.602, 55.603, 55.604, 55.605, and 55.606, F.S.; revising
25	provisions relating to foreign judgments to apply only to
26	out-of-country foreign judgments; amending s. 56.21, F.S.;
27	revising requirements for notices of a levy and execution
28	sale; amending s. 56.27, F.S.; clarifying provisions
29	relating to payment of money received under execution;
30	amending s. 56.29, F.S.; revising requirements regarding
31	supplementary proceedings for unsatisfied judgments;
32	amending s. 77.03, F.S.; deleting the provision that a
33	garnishing creditor must believe that execution would be
34	unavailing; amending s. 77.041, F.S.; increasing the time
35	period during which a garnishing creditor may object to
36	the debtor's claim of exemption and request a hearing;
37	amending s. 222.01, F.S.; revising provisions relating to
38	the designation of homestead property by the owner prior
39	to levy to include foreign judgments; amending s. 319.27,
40	F.S.; correcting a cross reference; amending s. 679.1021,
41	F.S.; redefining the term "lien creditor"; amending s.
42	701.02, F.S.; providing that certain chapters of the
43	Uniform Commercial Code govern the attachment and
44	perfection of a security interest in a mortgage upon real
45	property and in a promissory note or other right to
46	payment or performance secured by that mortgage; providing
47	that the assignment of such a mortgage need not be
48	recorded under s. 701.02, F.S., in order for a security
49	interest in the mortgage to attach or be perfected under
50	the Uniform Commercial Code; providing that a creditor or
51	subsequent purchaser of real property or of any interest
52	therein may rely on a full or partial release, discharge,
53	consent, joinder, subordination, satisfaction, or
54	assignment of a mortgage upon the property which was made
55	by the mortgagee of record, without regard to the filing
56	of certain Uniform Commercial Code financing statements;
57	providing that the filing of such a financing statement
58	does not constitute notice for the purposes of s. 701.02,
59	F.S.; defining the term "mortgagee of record"; providing
60	effective dates.
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1.  Section 55.141, Florida Statutes, is amended to
65	read:
66	55.141  Satisfaction of judgments and decrees; duties of
67	clerk and judge.--
68	(1)  All judgments and decrees for the payment of money
69	rendered in the courts of this state and which have become
70	final, may be satisfied at any time prior to the actual levy of
71	execution issued thereon by payment of the full amount of such
72	judgment or decree, with interest thereon, plus the costs of the
73	issuance, if any, of execution thereon into the registry of the
74	court where rendered.
75	(2)  Upon such payment, the clerk, or the judge if there is
76	no clerk, shall execute issue his or her receipt therefor and
77	shall record in the official records a satisfaction of judgment,
78	provided by the judgment holder, upon payment of the recording
79	charge prescribed in s. 28.24(12) plus the necessary costs of
80	mailing to the clerk or judge. Upon payment of the amount
81	required in subsection (1) and the recording charge required by
82	this subsection and execution and recordation of the
83	satisfaction by the clerk, any lien created by the judgment is
84	satisfied and discharged. The clerk or judge shall formally
85	notify the owner of record of such judgment or decree, if such
86	person and his or her address are known to the clerk or judge
87	receiving such payment, and, upon request therefor, shall pay
88	over to the person entitled, or to his or her order, the full
89	amount of the payment so received, less his or her service
90	charge for providing a receipt upon the court issuing a writ of
91	execution on such judgment or decree, if any has been issued,
92	and less his or her service charge for receiving into and paying
93	out of the registry of the court such payment, together with the
94	service charge of the clerk for receiving into and paying such
95	money out of the registry of the court.
96	(3)  The satisfaction of judgment executed by the clerk
97	must be substantially in the following form:
98
99	Satisfaction of Judgment by Clerk
100
101	The undersigned Clerk acknowledges on this      day of (month)
102	(year) receipt from (identity of party making payment) of $
103	(total amount received), comprised of $     face amount of the
104	judgment; $     interest accruing on the judgment through the
105	date of payment; $     costs of issuance of any execution; and $
106	for recording.
107
108	Pursuant to section 55.141, Florida Statutes, said sum is paid
109	to satisfy the lien and to discharge that certain final judgment
110	in favor of (name of judgment holder), whose last known address,
111	if known, is (address if shown on face of judgment or in
112	recorded affidavit pursuant to section 55.10(1), Florida
113	Statutes,) against (name of judgment debtor) recorded in
114	Official Records Volume/Book     , page     , of the public
115	records of______
116	County, Florida.
117
118	Upon the execution of this satisfaction, said judgment is
119	satisfied and discharged.
120
121	If an address for the judgment holder was provided under section
122	55.10(1), Florida Statutes, I certify that a copy of this notice
123	has been sent to the judgment holder at said address by
124	certified mail with return receipt requested or by registered
125	mail if the notice is to be sent outside the continental United
126	States.
127
128	Clerk of Court
129	(4)  If an address for the judgment holder was provided
130	under s. 55.10(1), the clerk shall formally send a copy of the
131	satisfaction to the judgment holder at that address by certified
132	mail with return receipt or by registered mail if the notice is
133	to be sent outside the continental United States. If an address
134	is not provided under s. 55.10(1) or if delivery cannot be
135	effected to such address, the clerk may, but is not obligated
136	to, make reasonable attempts to locate the judgment holder. The
137	discharge of the lien by the issuance of the satisfaction is not
138	dependent upon the delivery of notice by the clerk.
139	(5)  Upon application of the judgment holder, the clerk
140	shall pay over to the judgment holder the full amount of the
141	payment received, less the clerk's fees for issuing execution on
142	such judgment, if any has been issued; less the clerk's fees for
143	receiving into and paying out of the registry of the court such
144	payment; less the clerk's fees for recording the satisfaction of
145	judgment; and, if the clerk incurred expenses in locating the
146	judgment holder, less the reasonable expenses so incurred.
147	(3)  Full payment of judgments and decrees as in the
148	preceding subsections of this section provided shall constitute
149	full payment and satisfaction thereof and any lien created by
150	such judgment or decree shall thereupon be satisfied and
151	discharged.
152	Section 2.  Subsections (2) and (3) of section 55.202,
153	Florida Statutes, are amended to read:
154	55.202  Judgments, orders, and decrees; lien on personal
155	property.--
156	(2)  A judgment lien may be acquired on a judgment debtor's
157	interest in all personal property in this state subject to
158	execution under s. 56.061, other than fixtures, money,
159	negotiable instruments, and mortgages.
160	(a)  A judgment lien is acquired by filing a judgment lien
161	certificate in accordance with s. 55.203 with the Department of
162	State after the judgment has become final and if the time to
163	move for rehearing has lapsed, no motion for rehearing is
164	pending, and no stay of the judgment or its enforcement is then
165	in effect. A court may authorize, for cause shown, the filing of
166	a judgment lien certificate before a judgment has become final
167	when the court has authorized the issuance of a writ of
168	execution in the same matter. A judgment lien certificate not
169	filed in compliance with this subsection is permanently void and
170	of no effect.
171	(b)  For any lien, warrant, assessment, or judgment
172	collected by the Department of Revenue, a judgment lien may be
173	acquired by filing the judgment lien certificate information or
174	warrant with the Department of State in accordance with
175	subsection (5).
176	(c)  Except as provided in s. 55.208, the effective date of
177	a judgment lien is the date, including the time of day, of
178	filing. Although no lien attaches to property, and a creditor
179	does not become a lien creditor as to liens under chapter 679,
180	until the debtor acquires an interest in the property, priority
181	among competing judgment liens is determined in order of filing
182	date and time.
183	(d)  Except as provided in s. 55.204(3), a judgment
184	creditor may file only one effective judgment lien certificate
185	based upon a particular judgment.
186	(3)  Except as otherwise provided in s. 55.208, the
187	priority of a judgment lien acquired in accordance with this
188	section or s. 55.204(3) is established at the date and time the
189	judgment lien certificate is filed.
190	Section 3.  Subsections (4) and (6) of section 55.204,
191	Florida Statutes, are amended to read:
192	55.204  Duration and continuation of judgment lien;
193	destruction of records.--
194	(4)  A judgment lien continues only as to itemized property
195	for an additional 90 days after lapse of the lien. Such judgment
196	lien will continue only if:
197	(a)  The property had been itemized and its location
198	described with sufficient particularity in the instructions for
199	levy to permit the sheriff to act;
200	(b)  The instructions for the levy had been delivered to
201	the sheriff prior to the date of lapse of the lien to permit the
202	sheriff to act; and
203	(c)  The property was located in the county in which the
204	sheriff has jurisdiction at the time of delivery of the
205	instruction for levy. Subsequent removal of the property does
206	not defeat the lien. A court may order continuation of the lien
207	beyond the 90-day period on a showing that extraordinary
208	circumstances have prevented levy.
209	(6)  If no second judgment lien is filed, the Department of
210	State shall maintain each judgment lien file and all information
211	contained therein for a minimum of 1 year after the judgment
212	lien lapses in accordance with this section. If a second
213	judgment lien is filed, the department shall maintain both files
214	and all information contained in such files for a minimum of 1
215	year after the second judgment lien lapses.
216	Section 4.  Subsection (1) of section 55.205, Florida
217	Statutes, is amended to read:
218	55.205  Effect of judgment lien.--
219	(1)  A valid judgment lien gives the judgment creditor the
220	right to proceed against the property of the debtor through writ
221	of execution, garnishment, or other judicial process. A judgment
222	creditor who has not acquired a judgment lien as provided in s.
223	55.202 or whose lien has lapsed may nevertheless proceed against
224	the judgment debtor's property through any appropriate other
225	judicial process. Such judgment creditor proceeding by writ of
226	execution acquires a lien as of the time of levy and only on the
227	property levied upon. Except as provided in s. 55.208, such
228	judgment creditor takes subject to the claims and interest of
229	priority judgment creditors.
230	Section 5.  Subsection (2) of section 55.602, Florida
231	Statutes, is amended to read:
232	55.602  Definitions.--As used in this act, the term:
233	(2)  "Out-of-country foreign judgment" means any judgment
234	of a foreign state granting or denying recovery of a sum of
235	money, other than a judgment for taxes, a fine, or other
236	penalty.
237	Section 6.  Section 55.603, Florida Statutes, is amended to
238	read:
239	55.603  Applicability.--This act applies to any out-of-
240	out-of-country foreign judgment that is final and conclusive and
241	enforceable where rendered, even though an appeal therefrom is
242	pending or is subject to appeal.
243	Section 7.  Section 55.604, Florida Statutes, is amended to
244	read:
245	55.604  Recognition and enforcement.--Except as provided in
246	s. 55.605, an out-of-country a foreign judgment meeting the
247	requirements of s. 55.603 is conclusive between the parties to
248	the extent that it grants or denies recovery of a sum of money.
249	Procedures for recognition and enforceability of an out-of-
250	country a foreign judgment shall be as follows:
251	(1)  The out-of-country foreign judgment shall be filed
252	with the clerk of the court and recorded in the public records
253	in the county or counties where enforcement is sought.
254	(a)  At the time of the recording of an out-of-country a
255	foreign judgment, the judgment creditor shall make and record
256	with the clerk of the circuit court an affidavit setting forth
257	the name, social security number, if known, and last known post-
258	office address of the judgment debtor and of the judgment
259	creditor.
260	(b)  Promptly upon the recording of the out-of-country
261	foreign judgment and the affidavit, the clerk shall mail notice
262	of the recording of the out-of-country foreign judgment, by
263	registered mail with return receipt requested, to the judgment
264	debtor at the address given in the affidavit and shall make a
265	note of the mailing in the docket. The notice shall include the
266	name and address of the judgment creditor and of the judgment
267	creditor's attorney, if any, in this state. In addition, the
268	judgment creditor may mail a notice of the recording of the
269	judgment to the judgment debtor and may record proof of mailing
270	with the clerk. The failure of the clerk to mail notice of
271	recording will not affect the enforcement proceedings if proof
272	of mailing by the judgment creditor has been recorded.
273	(2)  The judgment debtor shall have 30 days after service
274	of the notice to file a notice of objection with the clerk of
275	the court specifying the grounds for nonrecognition or
276	nonenforceability under this act.
277	(3)  Upon the application of any party, and after proper
278	notice, the circuit court shall have jurisdiction to conduct a
279	hearing, determine the issues, and enter an appropriate order
280	granting or denying recognition in accordance with the terms of
281	this act.
282	(4)  If the judgment debtor fails to file a notice of
283	objection within the required time, the clerk of the court shall
284	record a certificate stating that no objection has been filed.
285	(5)  Upon entry of an order recognizing the out-of-country
286	foreign judgment, or upon recording of the clerk's certificate
287	set forth above, the out-of-country foreign judgment shall be
288	enforced in the same manner as the judgment of a court of this
289	state.
290	(6)  Once an order recognizing the out-of-country foreign
291	judgment has been entered by a court of this state, the order
292	and a copy of the judgment may be recorded in any other county
293	of this state without further notice or proceedings, and shall
294	be enforceable in the same manner as the judgment of a court of
295	this state.
296	(7)  A lien on real estate in any county shall be created
297	only when there has been recorded in the official records of the
298	county (a) a certified copy of the judgment, and (b) a copy of
299	the clerk's certificate or the order recognizing the out-of-
300	country foreign judgment. The priority of such lien will be
301	established as of the time the latter of the two recordings has
302	occurred. Such lien may be partially released or satisfied by
303	the person designated pursuant to paragraph (1).
304	(8)  A judgment lien on personal property is acquired only
305	when a judgment lien certificate is filed in accordance with s.
306	55.203 with the Department of State.
307	Section 8.  Section 55.605, Florida Statutes, is amended to
308	read:
309	55.605  Grounds for nonrecognition.--
310	(1)  An out-of-country A foreign judgment is not conclusive
311	if:
312	(a)  The judgment was rendered under a system which does
313	not provide impartial tribunals or procedures compatible with
314	the requirements of due process of law.
315	(b)  The foreign court did not have personal jurisdiction
316	over the defendant.
317	(c)  The foreign court did not have jurisdiction over the
318	subject matter.
319	(2)  An out-of-country A foreign judgment need not be
320	recognized if:
321	(a)  The defendant in the proceedings in the foreign court
322	did not receive notice of the proceedings in sufficient time to
323	enable him or her to defend.
324	(b)  The judgment was obtained by fraud.
325	(c)  The cause of action or claim for relief on which the
326	judgment is based is repugnant to the public policy of this
327	state.
328	(d)  The judgment conflicts with another final and
329	conclusive order.
330	(e)  The proceeding in the foreign court was contrary to an
331	agreement between the parties under which the dispute in
332	question was to be settled otherwise than by proceedings in that
333	court.
334	(f)  In the case of jurisdiction based only on personal
335	service, the foreign court was a seriously inconvenient forum
336	for the trial of the action.
337	(g)  The foreign jurisdiction where judgment was rendered
338	would not give recognition to a similar judgment rendered in
339	this state.
340	Section 9.  Section 55.606, Florida Statutes, is amended to
341	read:
342	55.606  Personal jurisdiction.--The out-of-country foreign
343	judgment shall not be refused recognition for lack of personal
344	jurisdiction if:
345	(1)  The defendant was served personally in the foreign
346	state;
347	(2)  The defendant voluntarily appeared in the proceedings,
348	other than for the purpose of protecting property seized or
349	threatened with seizure in the proceedings or of contesting the
350	jurisdiction of the court over him or her;
351	(3)  The defendant, prior to the commencement of the
352	proceedings, had agreed to submit to the jurisdiction of the
353	foreign court with respect to the subject matter involved;
354	(4)  The defendant was domiciled in the foreign state when
355	the proceedings were instituted, or, being a body corporate, had
356	its principal place of business, was incorporated, or had
357	otherwise acquired corporate status, in the foreign state;
358	(5)  The defendant had a business office in the foreign
359	state and the proceedings in the foreign court involved a cause
360	of action or a claim for relief arising out of business done by
361	the defendant through that office in the foreign state; or
362	(6)  The defendant operated a motor vehicle or airplane in
363	the foreign state and the proceedings involved a cause of action
364	or claim for relief arising out of such operation.
365	Section 10.  Effective October 1, 2005, section 56.21,
366	Florida Statutes, is amended to read:
367	56.21  Execution sales; notice.--Notice of all sales under
368	execution shall be given by advertisement once each week for 4
369	successive weeks in a newspaper published in the county in which
370	the sale is to take place. The time of such notice may be
371	shortened in the discretion of the court from which the
372	execution issued, upon affidavit that the property to be sold is
373	subject to decay and will not sell for its full value if held
374	until date of sale. On or before the date of the first
375	publication or posting of the notice of sale, a copy of the
376	notice of sale shall be furnished by certified mail to the
377	attorney of record of the judgment debtor, or to the judgment
378	debtor at the judgment debtor's last known address if the
379	judgment debtor does not have an attorney of record. Such copy
380	of the notice of sale shall be mailed even though a default
381	judgment was entered. When levying upon personal property, a
382	notice of such levy and execution sale and a copy of the
383	affidavit required by s. 56.27(4) shall be sent by the sheriff
384	made by the levying creditor to the attorneys attorney of record
385	of all the judgment creditors, creditor or to all the judgment
386	creditors who do not have an attorney of record, creditor who
387	have has acquired a judgment lien as provided in s. 55.202 or s.
388	55.204(3), and whose liens have not lapsed at the time of levy,
389	at the address listed in the judgment lien certificate, or, if
390	amended, in any amendment to the judgment lien certificate, and
391	to all secured creditors who have filed financing statements as
392	provided in part V of chapter 679 s. 679.401 in the name of the
393	judgment debtor reflecting a security interest in property of
394	the kind to be sold at the execution sale at the address listed
395	in the financing statement, or, if amended, in any amendment to
396	the financing statement. Such notice shall be made in the same
397	manner as notice is made to any judgment debtor under this
398	section. When levying upon real property, notice of such levy
399	and execution sale shall be made to the property owner of record
400	in the same manner as notice is made to any judgment debtor
401	pursuant to this section. When selling real or personal
402	property, the sale date shall not be earlier than 30 days after
403	the date of the first advertisement.
404	Section 11.  Subsections (1), (2), and (4) of section
405	56.27, Florida Statutes, are amended to read:
406	56.27  Executions; payment of money collected.--
407	(1)  All money received under executions shall be paid, in
408	the order prescribed, to the following: the sheriff, for costs;
409	the levying creditor in the amount of $500 as liquidated
410	expenses; if the levy is upon real property, the first priority
411	lienholder under s. 55.10; and if the levy is upon personal
412	property, and the first priority lienholder under s. 55.202, s.
413	55.204(3), or s. 55.208(2), as set forth in an affidavit
414	required by subsection (4), or his or her attorney, in
415	satisfaction of the judgment lien, provided that the judgment
416	lien has not lapsed at the time of the levy. The receipt of the
417	attorney shall be a release of the officer paying the money to
418	him or her. When the name of more than one attorney appears in
419	the court file, the money shall be paid to the attorney who
420	originally commenced the action or who made the original defense
421	unless the file shows that another attorney has been
422	substituted.
423	(2)  When property sold under execution brings more than
424	the amount needed to satisfy the provisions of subsection (1),
425	the surplus shall be paid in the order of priority to any
426	judgment lienholders whose judgment liens have not lapsed.
427	Priority of liens on personal property shall be based on the
428	effective date of the judgment lien acquired under s. 55.202, s.
429	55.204(3), or s. 55.208(2), as set forth in an affidavit
430	required under subsection (4). If there is a surplus after all
431	valid judgment liens and execution liens have been satisfied,
432	the surplus must be paid to the defendant.
433	(4)  On or Before the date of the first publication or
434	posting of the notice of sale provided for under s. 56.21, the
435	levying creditor shall deliver to the sheriff file an affidavit
436	setting forth the following as to the judgment debtor:
437	(a)  An attestation that the levying creditor has reviewed
438	the database or judgment lien records established in accordance
439	with ss. 55.201-55.209 and that the information contained in the
440	affidavit based on that review is true and correct;
441	(b)  The information required under s. 55.203(1) and (2)
442	for each judgment lien certificate indexed under the name of the
443	judgment debtor as to each judgment creditor; the file number
444	assigned to the record of the original and, if any, the second
445	judgment lien; and the date of filing for each judgment lien
446	certificate under s. 55.202 or s. 55.204(3); and
447	(c)  A statement that the levying creditor either does not
448	have any other levy in process or, if another levy is in
449	process, the levying creditor believes in good faith that the
450	total value of the property under execution does not exceed the
451	amount of outstanding judgments.
452	Section 12.  Subsection (1) of section 56.29, Florida
453	Statutes, is amended to read:
454	56.29  Proceedings supplementary.--
455	(1)  When any person or entity holds an unsatisfied
456	judgment execution and has delivered a writ of execution to any
457	sheriff, the judgment holder plaintiff in execution may file an
458	affidavit so stating, identifying the issuing court, the case
459	number, and the unsatisfied amount of the judgment, including
460	accrued costs and interest, and stating that the execution is
461	valid and outstanding, and thereupon the judgment holder is
462	entitled to these proceedings supplementary to execution.
463	Section 13.  Section 77.03, Florida Statutes, is amended to
464	read:
465	77.03  Issuance of writ after judgment.--After judgment has
466	been obtained against defendant but before the writ of
467	garnishment is issued, the plaintiff, the plaintiff's agent or
468	attorney, shall file a motion (which shall not be verified or
469	negative defendant's exemptions) stating the amount of the
470	judgment and that movant does not believe that defendant has in
471	his or her possession visible property on which a levy can be
472	made sufficient to satisfy the judgment. The motion may be filed
473	and the writ issued either before or after the return of
474	execution.
475	Section 14.  Subsections (1) and (3) of section 77.041,
476	Florida Statutes, are amended to read:
477	77.041  Notice to individual defendant for claim of
478	exemption from garnishment; procedure for hearing.--
479	(1)  Upon application for a writ of garnishment by a
480	plaintiff, if the defendant is an individual, the clerk of the
481	court shall attach to the writ the following "Notice to
482	Defendant":
483
484	NOTICE TO DEFENDANT OF RIGHT AGAINST
485	GARNISHMENT OF WAGES, MONEY,
486	AND OTHER PROPERTY
487
488	The Writ of Garnishment delivered to you with this Notice
489	means that wages, money, and other property belonging to you
490	have been garnished to pay a court judgment against you.
491	HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY,
492	OR PROPERTY. READ THIS NOTICE CAREFULLY.
493	State and federal laws provide that certain wages, money,
494	and property, even if deposited in a bank, savings and loan, or
495	credit union, may not be taken to pay certain types of court
496	judgments. Such wages, money, and property are exempt from
497	garnishment. The major exemptions are listed below on the form
498	for Claim of Exemption and Request for Hearing. This list does
499	not include all possible exemptions. You should consult a lawyer
500	for specific advice.
501
502	TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM
503	BEING GARNISHED, OR TO GET BACK ANYTHING ALREADY
504	TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM OF EXEMPTION
505	AND REQUEST FOR HEARING AS SET FORTH BELOW AND HAVE
506	THE FORM NOTARIZED. YOU MUST FILE THE FORM WITH THE
507	CLERK'S OFFICE WITHIN 20 DAYS AFTER THE DATE YOU
508	RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS.
509	YOU MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO
510	THE PLAINTIFF AND THE GARNISHEE AT THE ADDRESSES
511	LISTED ON THE WRIT OF GARNISHMENT.
512
513	If you request a hearing, it will be held as soon as
514	possible after your request is received by the court. The
515	plaintiff must file any objection within 3 2 business days if
516	you hand delivered to the plaintiff a copy of the form for Claim
517	of Exemption and Request for Hearing or, alternatively, 8
518	business 7 days if you mailed a copy of the form for claim and
519	request to the plaintiff. If the plaintiff files an objection to
520	your Claim of Exemption and Request for Hearing, the clerk will
521	notify you and the other parties of the time and date of the
522	hearing. You may attend the hearing with or without an attorney.
523	If the plaintiff fails to file an objection, no hearing is
524	required, the writ of garnishment will be dissolved and your
525	wages, money, or property will be released.
526
527	YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION
528	IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR PROPERTY
529	FROM BEING APPLIED TO THE COURT JUDGMENT. THE CLERK
530	CANNOT GIVE YOU LEGAL ADVICE. IF YOU NEED LEGAL
531	ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU CANNOT
532	AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE
533	AVAILABLE. CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK
534	THE CLERK'S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM IN
535	YOUR AREA.
536
537	CLAIM OF EXEMPTION AND
538	REQUEST FOR HEARING
539
540	I claim exemptions from garnishment under the following
541	categories as checked:
542	_____1.  Head of family wages. (You must check a. or b. below.)
543	_____a.  I provide more than one-half of the support for a child
544	or other dependent and have net earnings of $500 or less per
545	week.
546	_____b.  I provide more than one-half of the support for a child
547	or other dependent, have net earnings of more than $500 per
548	week, but have not agreed in writing to have my wages garnished.
549	_____2.  Social Security benefits.
550	_____3.  Supplemental Security Income benefits.
551	_____4.  Public assistance (welfare).
552	_____5.  Workers' Compensation.
553	_____6.  Unemployment Compensation.
554	_____7.  Veterans' benefits.
555	_____8.  Retirement or profit-sharing benefits or pension money.
556	_____9.  Life insurance benefits or cash surrender value of a
557	life insurance policy or proceeds of annuity contract.
558	_____10.  Disability income benefits.
559	_____11.  Prepaid College Trust Fund or Medical Savings Account.
560	_____12.  Other exemptions as provided by law.
561	________________________________(explain)
562
563	I request a hearing to decide the validity of my claim. Notice
564	of the hearing should be given to me at:
565
566	Address:________________________________
567
568	Telephone number:________________________
569
570	The statements made in this request are true to the best of my
571	knowledge and belief.
572
573	________________________________
574	Defendant's signature
575
576	Date________________________________
577
578	STATE OF FLORIDA
579
580	COUNTY OF
581
582	Sworn and subscribed to before me this ________ day of (month
583	and year), by (name of person making statement)
584
585	Notary Public/Deputy Clerk
586
587	Personally Known ________OR Produced Identification____
588
589	Type of Identification Produced____________________
590
591	(3)  Upon the filing by a defendant of a claim of exemption
592	and request for hearing, a hearing will be held as soon as is
593	practicable to determine the validity of the claimed exemptions.
594	If the plaintiff does not file a sworn written statement that
595	contests the defendant's claim of exemption within 3 2 business
596	days after hand delivering the claim and request or,
597	alternatively, 8 7 business days, if the claim and request were
598	served by mail, no hearing is required and the clerk must
599	automatically dissolve the writ and notify the parties of the
600	dissolution by mail.
601	Section 15.  Subsections (2) and (4) of section 222.01,
602	Florida Statutes, are amended to read:
603	222.01  Designation of homestead by owner before levy.--
604	(2)  When a certified copy of a judgment has been filed in
605	the public records of a county pursuant to chapter 55 s. 55.10,
606	a person who is entitled to the benefit of the provisions of the
607	State Constitution exempting real property as homestead and who
608	has a contract to sell or a commitment from a lender for a
609	mortgage on the homestead may file a notice of homestead in the
610	public records of the county in which the homestead property is
611	located in substantially the following form:
612
613	NOTICE OF HOMESTEAD
614
615	To:  (Name and address of judgment creditor as shown
616	on recorded judgment and name and address of any other
617	person shown in the recorded judgment to receive a
618	copy of the Notice of Homestead).
619
620	You are notified that the undersigned claims as
621	homestead exempt from levy and execution under Section
622	4, Article X of the State Constitution, the following
623	described property:
624
625	(Legal description)
626
627	The undersigned certifies, under oath, that he or she
628	has applied for and received the homestead tax
629	exemption as to the above-described property, that
630	____ is the tax identification parcel number of this
631	property, and that the undersigned has resided on this
632	property continuously and uninterruptedly from (date)
633	to the date of this Notice of Homestead. Further, the
634	undersigned will either convey or mortgage the above-
635	described property pursuant to the following:
636
637	(Describe the contract of sale or loan commitment by
638	date, names of parties, date of anticipated closing,
639	and amount. The name, address, and telephone number of
640	the person conducting the anticipated closing must be
641	set forth.)
642
643	The undersigned also certifies, under oath, that the
644	judgment lien filed by you on (date) and recorded in
645	Official Records Book ____, Page ____, of the Public
646	Records of ________ County, Florida, does not
647	constitute a valid lien on the described property.
648
649	YOU ARE FURTHER NOTIFIED, PURSUANT TO SECTION 222.01
650	ET SEQ., FLORIDA STATUTES, THAT WITHIN 45 DAYS AFTER
651	THE MAILING OF THIS NOTICE YOU MUST FILE AN ACTION IN
652	THE CIRCUIT COURT OF ________ COUNTY, FLORIDA, FOR A
653	DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONAL
654	HOMESTEAD STATUS OF THE SUBJECT PROPERTY OR TO
655	FORECLOSE YOUR JUDGMENT LIEN ON THE PROPERTY AND
656	RECORD A LIS PENDENS IN THE PUBLIC RECORDS OF THE
657	COUNTY WHERE THE HOMESTEAD IS LOCATED. YOUR FAILURE TO
658	SO ACT WILL RESULT IN ANY BUYER OR LENDER, OR HIS OR
659	HER SUCCESSORS AND ASSIGNS, UNDER THE ABOVE-DESCRIBED
660	CONTRACT OF SALE OR LOAN COMMITMENT TO TAKE FREE AND
661	CLEAR OF ANY JUDGMENT LIEN YOU MAY HAVE ON THE
662	PROPERTY.
663
664	This ____ day of ____________, 2____.
665	________________________
666	(Signature of Owner)
667
668	________________________
669	(Printed Name of Owner)
670
671	________________________
672	(Owner's Address)
673
674	Sworn to and subscribed before me by
675	________________________ who is personally
676	known to me or produced
677	________________________ as identification,
678	this ____ day of ____________, 2____
679
680	________________________
681	Notary Public
682
683	(4)  A lien pursuant to chapter 55 s. 55.10 of any lienor
684	upon whom such notice is served, who fails to institute an
685	action for a declaratory judgment to determine the
686	constitutional homestead status of the property described in the
687	notice of homestead or to file an action to foreclose the
688	judgment lien, together with the filing of a lis pendens in the
689	public records of the county in which the homestead is located,
690	within 45 days after service of such notice shall be deemed as
691	not attaching to the property by virtue of its status as
692	homestead property as to the interest of any buyer or lender, or
693	his or her successors or assigns, who takes under the contract
694	of sale or loan commitment described above within 180 days after
695	the filing in the public records of the notice of homestead.
696	This subsection shall not act to prohibit a lien from attaching
697	to the real property described in the notice of homestead at
698	such time as the property loses its homestead status.
699	Section 16.  Subsection (2) and paragraph (b) of subsection
700	(3) of section 319.27, Florida Statutes, are amended to read:
701	319.27  Notice of lien on motor vehicles or mobile homes;
702	notation on certificate; recording of lien.--
703	(2)  No lien for purchase money or as security for a debt
704	in the form of a security agreement, retain title contract,
705	conditional bill of sale, chattel mortgage, or other similar
706	instrument or any other nonpossessory lien, including a lien for
707	child support, upon a motor vehicle or mobile home upon which a
708	Florida certificate of title has been issued shall be
709	enforceable in any of the courts of this state against creditors
710	or subsequent purchasers for a valuable consideration and
711	without notice, unless a sworn notice of such lien has been
712	filed in the department and such lien has been noted upon the
713	certificate of title of the motor vehicle or mobile home. Such
714	notice shall be effective as constructive notice when filed. The
715	No interest of a statutory nonpossessory lienor; the interest of
716	a nonpossessory execution, attachment, or equitable lienor; or
717	the interest of a lien creditor as defined in s. 679.1021(1)(zz)
718	679.301(3), if nonpossessory, shall not be enforceable against
719	creditors or subsequent purchasers for a valuable consideration
720	unless such interest becomes a possessory lien or is noted upon
721	the certificate of title for the subject motor vehicle or mobile
722	home prior to the occurrence of the subsequent transaction.
723	Provided the provisions of this subsection relating to a
724	nonpossessory statutory lienor; a nonpossessory execution,
725	attachment, or equitable lienor; or the interest of a lien
726	creditor as defined in s. 679.1021(1)(zz) 679.301(3) shall not
727	apply to liens validly perfected prior to October 1, 1988. The
728	notice of lien shall provide the following information:
729	(a)  The date of the lien if a security agreement, retain
730	title contract, conditional bill of sale, chattel mortgage, or
731	other similar instrument was executed prior to the filing of the
732	notice of lien;
733	(b)  The name and address of the registered owner;
734	(c)  A description of the motor vehicle or mobile home,
735	showing the make, type, and vehicle identification number; and
736	(d)  The name and address of the lienholder.
737	(3)
738	(b)  As applied to a determination of the respective rights
739	of a secured party under this chapter and a lien creditor as
740	defined by s. 679.1021(1)(zz) 679.301(3), or a nonpossessory
741	statutory lienor, a security interest under this chapter shall
742	be perfected upon the filing of the notice of lien with the
743	department, the county tax collector, or their agents. Provided,
744	however, the date of perfection of a security interest of such
745	secured party shall be the same date as the execution of the
746	security agreement or other similar instrument if the notice of
747	lien is filed in accordance with this subsection within 15 days
748	after the debtor receives possession of the motor vehicle or
749	mobile home and executes such security agreement or other
750	similar instrument. The date of filing of the notice of lien
751	shall be the date of its receipt by the department central
752	office in Tallahassee, if first filed there, or otherwise by the
753	office of the county tax collector, or their agents.
754	Section 17.  Paragraph (zz) of subsection (1) of section
755	679.1021, Florida Statutes, is amended to read:
756	679.1021  Definitions and index of definitions.--
757	(1)  In this chapter, the term:
758	(zz)  "Lien creditor" means:
759	1.  A creditor that has acquired a lien on the property
760	involved by attachment, levy, judgment lien certificate, or the
761	like;
762	2.  An assignee for benefit of creditors from the time of
763	assignment;
764	3.  A trustee in bankruptcy from the date of the filing of
765	the petition; or
766	4.  A receiver in equity from the time of appointment.
767	Section 18.  Section 701.02, Florida Statutes, is amended
768	to read:
769	701.02  Assignment not effectual against creditors unless
770	recorded and indicated in title of document; applicability.--
771	(1)  An No assignment of a mortgage upon real property or
772	of any interest therein is not, shall be good or effectual in
773	law or equity, against creditors or subsequent purchasers, for a
774	valuable consideration, and without notice, unless the
775	assignment is contained in a document that which, in its title,
776	indicates an assignment of mortgage and is recorded according to
777	law.
778	(2)  This section also applies The provisions of this
779	section shall also extend to assignments of mortgages resulting
780	from transfers of all or any part or parts of the debt or, note
781	or notes secured by mortgage, and none of same is shall be
782	effectual in law or in equity against creditors or subsequent
783	purchasers for a valuable consideration without notice, unless a
784	duly executed assignment be recorded according to law.
785	(3)  Any assignment of a mortgage, duly executed and
786	recorded according to law, purporting to assign the principal of
787	the mortgage debt or the unpaid balance of such principal,
788	shall, as against subsequent purchasers and creditors for value
789	and without notice, be held and deemed to assign any and all
790	accrued and unpaid interest secured by such mortgage, unless
791	such interest is shall be specifically and affirmatively
792	reserved in such an assignment by the assignor, and a no
793	reservation of such interest or any part thereof may not shall
794	be implied.
795	(4)  Notwithstanding subsections (1), (2), and (3)
796	governing the assignment of mortgages, the provisions of the
797	Uniform Commercial Code of this state, chapters 670-680, govern
798	the attachment and perfection of a security interest in a
799	mortgage upon real property and in a promissory note or other
800	right to payment or performance secured by that mortgage. The
801	assignment of such a mortgage need not be recorded under this
802	section for purposes of attachment or perfection of a security
803	interest in the mortgage under the Uniform Commercial Code.
804	(5)  Notwithstanding subsection (4), a creditor or
805	subsequent purchaser of real property or any interest therein,
806	for valuable consideration and without notice, is entitled to
807	rely on a full or partial release, discharge, consent, joinder,
808	subordination, satisfaction, or assignment of a mortgage upon
809	such property made by the mortgagee of record, without regard to
810	the filing of any Uniform Commercial Code financing statement
811	that purports to perfect a security interest in the mortgage or
812	in a promissory note or other right to payment or performance
813	secured by the mortgage, and the filing of any such financing
814	statement does not constitute notice for the purposes of this
815	section. For the purposes of this subsection, the term
816	"mortgagee of record" means the person named as the mortgagee in
817	the recorded mortgage or, if an assignment of the mortgage has
818	been recorded in accordance with this section, the term
819	"mortgagee of record" means the assignee named in the recorded
820	assignment.
821	Section 19.  Except as otherwise expressly provided in this
822	act, this act shall take effect upon becoming a law.

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