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The Committee on Criminal Justice (Bennett) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 79-184

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and insert:

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     Section 4.  Section 56.21, Florida Statutes, is amended to

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read:

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     56.21  Execution sales; notice.--Notice of all sales under

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execution shall be given by advertisement once each week for 4

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successive weeks in a newspaper published in the county in which

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the sale is to take place. The time of such notice may be

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shortened in the discretion of the court from which the execution

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issued, upon affidavit that the property to be sold is subject to

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decay and will not sell for its full value if held until date of

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sale. On or before the date of the first publication or posting

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of the notice of sale, a copy of the notice of sale shall be

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furnished by the sheriff by certified mail to the attorney of

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record of the judgment debtor, or to the judgment debtor at the

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judgment debtor's last known address if the judgment debtor does

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not have an attorney of record. Such copy of the notice of sale

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shall be mailed even though a default judgment was entered. When

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levying upon real or personal property, a notice of such levy and

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execution sale and a copy of the affidavit required by s.

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56.27(4) shall be sent by the sheriff to the attorneys of record

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of all judgment creditors and other lienholders, or to all

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judgment creditors and other lienholders who do not have an

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attorney of record, who have acquired a judgment lien as provided

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in s. 55.10(1) and (2), s. 55.202, or s. 55.204(3), or s. 695.01,

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and whose liens have not lapsed at the time of levy, at the

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address listed in the judgment lien certificate or other recorded

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liens, or, if amended, in any amendment thereto to the judgment

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lien certificate, and to all secured creditors who have filed

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financing statements as provided in part V of chapter 679 in the

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name of the judgment debtor reflecting a security interest in

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property of the kind to be sold at the execution sale at the

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address listed in the financing statement, or, if amended, in any

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amendment to the financing statement. Such notice shall be made

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in the same manner as notice is made to any judgment debtor under

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this section. When levying upon real property, notice of such

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levy and execution sale and affidavit required by s. 56.27(4)

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shall be made to the property owner of record in the same manner

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as notice is made to any judgment debtor pursuant to this section

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and shall be made to each person holding a mortgage or other lien

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against the real property as disclosed by the affidavit. When

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selling real or personal property, the sale date shall not be

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earlier than 30 days after the date of the first advertisement.

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     Section 5.  Subsections (1), (2), and (4) of section 56.27,

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Florida Statutes, are amended to read:

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     56.27  Executions; payment of money collected.--

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     (1)  All money received under executions shall be paid, in

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the order prescribed, to the following: the sheriff, for costs;

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the levying creditor in the amount of $500 as liquidated

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expenses; and if the levy is upon real property, the first

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priority lienholder under s. 55.10(1) and (2), s. 55.10; and if

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the levy is upon personal property, the first priority lienholder

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under s. 55.202, s. 55.204(3), or s. 55.208(2), as set forth in

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an affidavit required by subsection (4), or his or her attorney,

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in satisfaction of the judgment lien, if provided that the

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judgment lien has not lapsed at the time of the levy. The receipt

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of the attorney shall be a release of the officer paying the

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money to him or her. If When the name of more than one attorney

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appears in the court file, the money shall be paid to the

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attorney who originally commenced the action or who made the

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original defense unless the file shows that another attorney has

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been substituted.

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     (2)(a) If When property sold under execution brings more

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than the amount needed to satisfy the provisions of subsection

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(1), the surplus shall be paid in the order of priority to any

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judgment lienholders whose judgment liens have not lapsed, unless

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the affidavit required by subsection (4) discloses that the

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property is also subject to any recorded mortgage, financing

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statement, tax warrant or other lien, other than a judgment lien,

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that is junior in priority to the levying creditor's judgment

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lien. For the purpose of the sheriff's distribution of the

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surplus to judgment lienholders under this paragraph, priority of

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judgment liens on personal property shall be based on the

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effective date of the judgment lien acquired under s. 55.202, s.

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55.204(3), or s. 55.208(2), and priority of judgment liens on

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real property shall be based on the effective date of the

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judgment lien acquired under s. 55.10(1) and (2), as set forth in

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an affidavit required under subsection (4). If there is a surplus

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after all valid judgment liens and execution liens have been

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satisfied under this paragraph, the surplus must be paid to the

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owner of the property sold defendant.

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     (b) If the affidavit required by subsection (4) discloses

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that the property is also subject to any recorded mortgage,

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financing statement, tax warrant or other lien, other than a

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judgment lien, that is junior in priority to the levying

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creditor's judgment lien, any surplus from the sale of the

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property shall be paid over to the registry of the court from

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which the execution issued for further proceedings to determine

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the priority in which such surplus shall be distributed among

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judgment lienholders, other lienholders, and the owner of the

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property sold.

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     (4)  Before the date of the first publication or posting of

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the notice of sale provided for under s. 56.21, at the time of

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the levy request to the sheriff, the levying creditor shall

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deliver to the sheriff an affidavit setting forth all of the

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following as to the judgment debtor:

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     (a) For a personal property levy, an attestation by that

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the levying creditor or the creditor's attorney of record that he

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or she has reviewed the database or judgment lien records

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established in accordance with ss. 55.201-55.209 and that the

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information contained in the affidavit based on that review is

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true and correct. For a real property levy in accordance with s.

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55.10(1) and (2), an attestation by the levying creditor or his

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or her attorney of record that he or she has reviewed the records

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of the clerk of court of the county where the property is

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situated, or that he or she has performed a title search, and

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that the information contained in the affidavit, including a

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disclosure of all judgment liens, mortgages, financing

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statements, tax warrants and other liens against the real

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property, based on that review or title search is true and

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correct.;

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     (b)  The information required under s. 55.203(1) and (2) for

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each judgment lien certificate indexed under the name of the

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judgment debtor as to each judgment creditor; the file number

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assigned to the record of the original and, if any, the second

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judgment lien; and the date of filing for each judgment lien

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certificate under s. 55.202 or s. 55.204(3). For each judgment

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lien recorded on real property, the information contained in the

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certified copy of recordation of lien pursuant to s. 55.10(1) and

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(2), and for each other lien recorded on real property, the name

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and address of the lienholder as shown in the copy of the

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recorded lien disclosed by the title search.; and

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     (c)  A statement that the levying creditor either does not

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have any other levy in process or, if another levy is in process,

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the levying creditor believes in good faith that the total value

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of the property under execution does not exceed the amount of

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outstanding judgments.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 15-24

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and insert:

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the sheriff to furnish to the judgment debtor or

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lienholder or the debtor's or lienholder's attorney of

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record a copy of the notice of sale, notice of levy, and

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affidavit within a specified period before execution of a

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sale or levy; amending s. 56.27, F.S.; requiring that

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priority of liens on real property be based on the

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effective date of the judgment lien for a specified

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purpose, unless an affidavit discloses that the property

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is subject to a recorded mortgage, financing statement,

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tax warrant or other lien that is junior in priority to

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the judgment lien; requiring a levying creditor to deliver

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the affidavit to the sheriff at the time of the levy

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request setting forth certain information and

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attestations; amending ss. 741.30 and 784.046, F.S.,

4/15/2008  6:04:00 PM     21-07666-08