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Senator Crist moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 156-237,

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and insert:

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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

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section, and shall be made to each other person holding a

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mortgage or other lien against the real property as disclosed by

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the affidavit. When selling real or personal property, the sale

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date shall not be earlier than 30 days after the date of the

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first advertisement.

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     Section 1.  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

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lien, that is junior in priority to the levying creditor's

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

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the surplus to judgment lienholders under this paragraph,

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priority of judgment liens on personal property shall be based on

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

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s. 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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================ 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) 27,

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and insert:

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property; requiring the sheriff to furnish to the judgment

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debtor or lienholder or the debtor's or lienholder's

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attorney of record a copy of the notice of sale, notice of

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levy, and affidavit with a specified period before

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execution of a sale or levy; amending s. 56.27, F.S.;

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requiring that priority of liens on real property be based

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on the 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; requiring certain information to be

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contained in the certified copy of recordation of lien;

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

4/15/2008  7:45:00 PM     JU.12.07652