Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1574
       
       
       
       
       
       
                                Ì544368HÎ544368                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2023           .                                
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       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 provided
   31  in s. 55.208, such judgment creditor takes subject to the claims
   32  and 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