Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. CS for SB 1574 Ì544368HÎ544368 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/20/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Rouson) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 3 Delete lines 98 - 170 4 and insert: 5 (3) Except as otherwise provided in s. 55.208, the priority 6 of a judgment lien acquired in accordance with this section or 7 s. 55.204(3) is established at the date and time the judgment 8 lien certificate is filed. The priority of conflicting rights 9 between a judgment lienholder under this section and a secured 10 party as defined in s. 679.1021(1) must be determined as 11 provided under chapter 679. 12 (5) Liens, assessments, warrants, or judgments filed 13 pursuant to paragraph (2)(c)(2)(b)may be filed directly into 14 the central database by the Department of Revenue, or its 15 designee as determined by its executive director, through 16 electronic or information data exchange programs approved by the 17 Department of State. Such filings must contain the information 18 set forth in s. 55.203(1). 19 Section 3. Subsection (1) of section 55.205, Florida 20 Statutes, is amended, and subsections (5), (6), and (7) are 21 added to that section, to read: 22 55.205 Effect of judgment lien.— 23 (1) A judgment creditor who has not acquired a judgment 24 lien as provided in s. 55.202 or whose lien has lapsed may 25 nevertheless proceed against the judgment debtor’s property 26 through any appropriate judicial process, subject to the 27 priority of conflicting rights under chapter 679 of a secured 28 party as defined in s. 679.1021(1). Such judgment creditor 29 proceeding by writ of execution acquires a lien as of the time 30 of levy and only on the property levied upon.Except as provided31in s. 55.208, such judgment creditor takes subject to the claims32and interest of priority judgment creditors.33 (5)(a) If the judgment debtor’s personal property, to the 34 extent not exempt from execution, includes a motor vehicle or a 35 vessel for which a Florida certificate of title has been issued, 36 a judgment lien acquired under this section on such property not 37 yet noted on the certificate of title is valid and enforceable 38 against the judgment debtor. However, enforceability under this 39 chapter of such judgment lien against creditors or subsequent 40 purchasers is determined as provided under s. 319.27(2) or s. 41 328.14 or chapter 679, as applicable. 42 (b) A judgment lienholder may obtain an order instructing 43 the Department of Highway Safety and Motor Vehicles to note the 44 lien on the certificate of title through a court of competent 45 jurisdiction conducting proceedings supplementary to execution 46 under s. 56.29(6)(b). 47 (6) A judgment lien acquired under s. 55.202 may be 48 enforced only through judicial process, including attachment 49 under chapter 76; execution under chapter 56; garnishment under 50 chapter 77; a charging order under s. 605.0503, s. 620.1703, or 51 s. 620.8504; or proceedings supplementary to execution under s. 52 56.29. A holder of a judgment lien acquired under s. 55.202, who 53 is not enforcing separate lien rights in a judgment debtor’s 54 property, may not enforce his or her rights under this section 55 through self-help repossession or replevin without a court order 56 or without the express consent of the judgment debtor contained 57 in a record authenticated in accordance with s. 668.50 or s. 58 679.1021(1)(g) after the judgment lien attaches. 59 (7) Notwithstanding the attachment of a judgment lien 60 acquired under s. 55.202 to payment intangibles or accounts and 61 the proceeds thereof, the account debtor may, absent receipt of 62 notice under s. 679.607(1)(a) from a secured party, discharge 63 the account debtor’s obligation to pay payment intangibles or 64 accounts or the proceeds thereof by paying the judgment debtor 65 until, but not after, the account debtor is served by process 66 with a complaint or petition by the judgment creditor seeking 67 judicial relief with respect to the payment intangibles or 68 accounts. Thereafter, the account debtor may discharge the 69 account debtor’s obligation to pay payment intangibles or 70 accounts or the proceeds thereof under this section only in 71 accordance with a settlement agreement, final order, or judgment 72 issued in such judicial process which complies with this 73 section. 74 Section 4. Section 55.208, Florida Statutes, is amended to 75 read: 76 55.208 Effect of prior liens on payment intangibles and 77 accounts; effect of filed judgment lien on writs of execution 78 previously delivered to a sheriff.— 79 (1) A judgment lien under s. 55.202 existing before October 80 1, 2023, becomes enforceable and perfected as of October 1, 81 2023, as to payment intangibles and accounts and the proceeds 82 thereof of a judgment debtor under s. 55.202(2). Any security 83 interest or lien on payment intangibles or accounts and the 84 proceeds thereof of a judgment debtor which is enforceable and 85 perfected before October 1, 2023, continues to have the same 86 rights and priority as existed before October 1, 2023, and may 87 not take priority over payment intangibles or accounts by a 88 89 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 90 And the directory clause is amended as follows: 91 Delete line 49 92 and insert: 93 Section 2. Subsections (2), (3), and (5) of section 55.202, 94 95 ================= T I T L E A M E N D M E N T ================ 96 And the title is amended as follows: 97 Delete line 6 98 and insert: 99 construction; requiring that priority of conflicting 100 rights be determined in a specified manner; amending 101 s. 55.205, F.S.; providing that certain judgment 102 creditors are subject to specified priority of 103 conflicting rights of a secured party; deleting a