Amendment
Bill No. CS/HB 209

Amendment No. 250253

CHAMBER ACTION
Senate		House
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1	Representative Seiler offered the following:
2
3	Amendment (with title amendment)
4	Remove lines 97-179 and insert:
5	sheriff to the attorneys of record of all judgment creditors and
6	other lienholders, or to all judgment creditors and other
7	lienholders who do not have an attorney of record, who have
8	acquired a judgment lien as provided in s. 55.10(1) and (2), s.
9	55.202, or s. 55.204(3), or s. 695.01, and whose liens have not
10	lapsed at the time of levy, at the address listed in the
11	judgment lien certificate or other recorded liens, or, if
12	amended, in any amendment thereto to the judgment lien
13	certificate, and to all secured creditors who have filed
14	financing statements as provided in part V of chapter 679 in the
15	name of the judgment debtor reflecting a security interest in
16	property of the kind to be sold at the execution sale at the
17	address listed in the financing statement, or, if amended, in
18	any amendment to the financing statement. Such notice shall be
19	made in the same manner as notice is made to any judgment debtor
20	under this section. When levying upon real property, notice of
21	such levy and execution sale and affidavit required by s.
22	56.27(4) shall be made to the property owner of record in the
23	same manner as notice is made to any judgment debtor pursuant to
24	this section and shall be made to each person holding a mortgage
25	or other lien against the real property as disclosed by the
26	affidavit. When selling real or personal property, the sale date
27	shall not be earlier than 30 days after the date of the first
28	advertisement.
29	Section 5.  Subsections (1), (2), and (4) of section 56.27,
30	Florida Statutes, are amended to read:
31	56.27  Executions; payment of money collected.--
32	(1)  All money received under executions shall be paid, in
33	the order prescribed, to the following: the sheriff, for costs;
34	the levying creditor in the amount of $500 as liquidated
35	expenses; and if the levy is upon real property, the first
36	priority lienholder under s. 55.10(1) and (2), s. 55.10; and if
37	the levy is upon personal property, the first priority
38	lienholder under s. 55.202, s. 55.204(3), or s. 55.208(2), as
39	set forth in an affidavit required by subsection (4), or his or
40	her attorney, in satisfaction of the judgment lien, if provided
41	that the judgment lien has not lapsed at the time of the levy.
42	The receipt of the attorney shall be a release of the officer
43	paying the money to him or her. If When the name of more than
44	one attorney appears in the court file, the money shall be paid
45	to the attorney who originally commenced the action or who made
46	the original defense unless the file shows that another attorney
47	has been substituted.
48	(2)(a)  If When property sold under execution brings more
49	than the amount needed to satisfy the provisions of subsection
50	(1), the surplus shall be paid in the order of priority to any
51	judgment lienholders whose judgment liens have not lapsed,
52	unless the affidavit required by subsection (4) discloses that
53	the property is also subject to any recorded mortgage, financing
54	statement, tax warrant, or other lien, other than a judgment
55	lien, that is junior in priority to the levying creditor's
56	judgment lien. For the purpose of the sheriff's distribution of
57	the surplus to judgment lienholders under this paragraph,
58	priority of judgment liens on personal property shall be based
59	on the effective date of the judgment lien acquired under s.
60	55.202, s. 55.204(3), or s. 55.208(2), and priority of judgment
61	liens on real property shall be based on the effective date of
62	the judgment lien acquired under s. 55.10(1) and (2), as set
63	forth in an affidavit required under subsection (4). If there is
64	a surplus after all valid judgment liens and execution liens
65	have been satisfied under this paragraph, the surplus must be
66	paid to the owner of the property sold defendant.
67	(b)  If the affidavit required by subsection (4) discloses
68	that the property is also subject to any recorded mortgage,
69	financing statement, tax warrant, or other lien, other than a
70	judgment lien, that is junior in priority to the levying
71	creditor's judgment lien, any surplus from the sale of the
72	property shall be paid over to the registry of the court from
73	which the execution issued for further proceedings to determine
74	the priority in which such surplus shall be distributed among
75	judgment lienholders, other lienholders, and the owner of the
76	property sold.
77	(4)  Before the date of the first publication or posting of
78	the notice of sale provided for under s. 56.21, at the time of
79	the levy request to the sheriff, the levying creditor shall
80	deliver to the sheriff an affidavit setting forth all of the
81	following as to the judgment debtor:
82	(a)  For a personal property levy, an attestation by that
83	the levying creditor or the creditor's attorney of record that
84	he or she has reviewed the database or judgment lien records
85	established in accordance with ss. 55.201-55.209 and that the
86	information contained in the affidavit based on that review is
87	true and correct. For real property levy in accordance with s.
88	55.10(1) and (2), an attestation by the levying creditor or his
89	or her attorney of record that he or she has reviewed the
90	records of the clerk of court of the county where the property
91	is situated, or that he or she has performed a title search, and
92	that the information contained in the affidavit, including a
93	disclosure of all judgment liens, mortgages, financing
94	statements, tax warrants, and other liens against the real
95	property, based on that review or title search is true and
96	correct.;
97	(b)  The information required under s. 55.203(1) and (2)
98	for each judgment lien certificate indexed under the name of the
99	judgment debtor as to each judgment creditor; the file number
100	assigned to the record of the original and, if any, the second
101	judgment lien; and the date of filing for each judgment lien
102	certificate under s. 55.202 or s. 55.204(3). For each judgment
103	lien recorded on real property, the information contained in the
104	certified copy of recordation of lien pursuant to s. 55.10(1)
105	and (2), and for each other lien recorded on real property, the
106	name and address of the lienholder as shown in the copy of the
107	recorded lien disclosed by the title search.; and
108
109	-----------------------------------------------------
110	T I T L E  A M E N D M E N T
111	Remove lines 12-22 and insert:
112	F.S.; requiring the submission of an affidavit before
113	levying a judgment upon real property; requiring the
114	sheriff to furnish to the judgment debtor or
115	lienholder or the debtor's or lienholder's attorney of
116	record a copy of the notice of sale, notice of levy,
117	and affidavit within a specified period before
118	execution of a sale or levy; requiring a notice of
119	levy and execution to be made to each person holding a
120	mortgage or other lien against the real property;
121	amending s. 56.27, F.S.; requiring that priority of
122	liens on real property be based on the effective date
123	of the judgment lien for a specified purpose unless an
124	affidavit discloses that the property is subject to a
125	recorded mortgage, financing statement, tax warrant,
126	or other lien that is junior in priority to the
127	judgment lien; requiring a levying creditor to deliver
128	to the sheriff at the time of the levy request an
129	affidavit setting forth certain information and
130	attestations; requiring certain information to be
131	contained in the certified copy of recordation of
132	lien; providing for a determination of priority for
133	distribution of surplus from execution sales;

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