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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to judgment liens; providing a short 2
title; amending s. 55.202, F.S.; specifying that 3
payment intangibles, accounts, and the proceeds 4
thereof are subject to judgment liens; exempting 5
certain mobile homes from personal property subject to 6
judgment liens; providing construction; amending s. 7
55.205, F.S.; deleting a provision specifying the 8
priority of certain judgment creditor liens; 9
specifying the validity and enforceability of judgment 10
liens against motor vehicles, mobile homes, and 11
vessels; providing a procedure for noting the lien on 12
the certificate of title; specifying restrictions on 13
the enforcement of judgment liens; specifying an 14
account debtor's authority to discharge the account 15
debtor's obligation to pay payment intangibles, 16
accounts, or the proceeds thereof; amending s. 55.208, 17
F.S.; providing construction relating to the effect of 18
liens existing before a specified date on payment 19
intangibles and accounts and the proceeds thereof; 20
deleting an obsolete provision relating to judgment 21
liens on writs of execution previously delivered to a 22
sheriff; amending s. 55.209, F.S.; conforming a cross -23
reference; amending s. 56.29, F.S.; requiring a court, 24
under certain circumstances, to order the Department 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of Highway Safety and Motor Vehicles to n ote certain 26
liens on the certificate of title of certain motor 27
vehicles, mobile homes, or vessels and in the 28
department's records; amending s. 319.24, F.S.; 29
prohibiting the department from issuing a motor 30
vehicle or mobile home certificate of title under 31
certain circumstances; specifying procedures for a 32
judgment lienholder to place a lien on motor vehicles, 33
certain mobile homes, or vessels; revising 34
requirements for the department if a certificate of 35
title is not forwarded or returned to the department 36
under certain circumstances; revising the authority of 37
certain persons to demand and receive a lien 38
satisfaction; requiring a lienholder to enter a 39
satisfaction in a certificate of title upon 40
satisfaction or lapse of a judgment lien; amending s. 41
319.241, F.S.; revising circumstances under which the 42
department may not remove a lien from the department's 43
records or a certificate of title and specifying a 44
requirement for the department; providing an effective 45
date. 46
47
Be It Enacted by the Legislature of the Sta te of Florida: 48
49
Section 1. This act may be cited as the "Judgment Lien 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Improvement Act." 51
Section 2. Subsections (2) and (5) of section 55.202, 52
Florida Statutes, are amended to read: 53
55.202 Judgments, orders, and decrees; lien on personal 54
property.— 55
(2) A judgment lien may be acquired on a judgment debtor's 56
interest in all personal property in this state subject to 57
execution under s. 56.061, including payment intangibles and 58
accounts and the proceeds thereof, as those terms are defined in 59
s. 679.1021(1), but excluding other than fixtures, money, 60
negotiable instruments, mobile homes to which title has been 61
retired, and mortgages. 62
(a) For payment intangibles and accounts and the proceeds 63
thereof: 64
1. The rights of a judgment lienholder under this section 65
are subject to the rights under chapter 679 of a secured party, 66
as defined in s. 679.1021(1), who has a prior filed financing 67
statement encumbering such payment intangibles or accounts and 68
the proceeds thereof. 69
2. This section does not affect th e obligation under s. 70
679.607(1) of an account debtor as defined in s. 679.1021(1), 71
except as the rights and obligations under this paragraph are 72
otherwise adjudicated under applicable law in a legal proceeding 73
to which the secured party and account debtor are joined as 74
parties. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) A judgment lien is acquired by filing a judgment lien 76
certificate in accordance with s. 55.203 with the Department of 77
State after the judgment has become final and if the time to 78
move for rehearing has lapsed, no motion for re hearing is 79
pending, and no stay of the judgment or its enforcement is then 80
in effect. A court may authorize, for cause shown, the filing of 81
a judgment lien certificate before a judgment has become final 82
when the court has authorized the issuance of a writ of 83
execution in the same matter. A judgment lien certificate not 84
filed in compliance with this subsection is permanently void and 85
of no effect. 86
(c)(b) For any lien, warrant, assessment, or judgment 87
collected by the Department of Revenue, a judgment lien may be 88
acquired by filing the judgment lien certificate information or 89
warrant with the Department of State in accordance with 90
subsection (5). 91
(d)(c) Except as provided in s. 55.208, the effective date 92
of a judgment lien is the date, including the time o f day, of 93
filing. Although no lien attaches to property, and a creditor 94
does not become a lien creditor as to liens under chapter 679, 95
until the debtor acquires an interest in the property, priority 96
among competing judgment liens is determined in order of filing 97
date and time. 98
(e)(d) Except as provided in s. 55.204(3), a judgment 99
creditor may file only one effective judgment lien certificate 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
based upon a particular judgment. 101
(5) Liens, assessments, warrants, or judgments filed 102
pursuant to paragraph (2)(c) (2)(b) may be filed directly into 103
the central database by the Department of Revenue, or its 104
designee as determined by its executive director, through 105
electronic or information data exchange programs approved by the 106
Department of State. Such filings must contain the information 107
set forth in s. 55.203(1). 108
Section 3. Subsection (1) of section 55.205, Florida 109
Statutes, is amended, and subsections (5), (6), and (7) are 110
added to that section, to read: 111
55.205 Effect of judgment lien. — 112
(1) A judgment creditor who has not acquired a judgment 113
lien as provided in s. 55.202 or whose lien has lapsed may 114
nevertheless proceed against the judgment debtor's property 115
through any appropriate judicial process. Such judgment creditor 116
proceeding by writ of executio n acquires a lien as of the time 117
of levy and only on the property levied upon. Except as provided 118
in s. 55.208, such judgment creditor takes subject to the claims 119
and interest of priority judgment creditors. 120
(5)(a) If the judgment debtor's personal prope rty, to the 121
extent not exempt from execution, includes a motor vehicle, a 122
mobile home, or a vessel for which a Florida certificate of 123
title has been issued, a judgment lien acquired under this 124
section on such property not yet noted on the certificate of 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
title is valid and enforceable against the judgment debtor. 126
However, such judgment lien is not enforceable against creditors 127
or subsequent purchasers of such property for valuable 128
consideration whose interests have been noted on the certificate 129
of title as provided in s. 319.27. 130
(b) A judgment lienholder may obtain an order instructing 131
the Department of Highway Safety and Motor Vehicles to note the 132
lien on the certificate of title through a court of competent 133
jurisdiction conducting proceedings supplementar y to execution 134
under s. 56.29(6)(b). 135
(6) A judgment lien acquired under s. 55.202 may be 136
enforced only through judicial process, including attachment 137
under chapter 76; execution under chapter 56; garnishment under 138
chapter 77; a charging order under s. 60 5.0503, s. 620.1703, or 139
s. 620.8504; or proceedings supplementary to execution under s. 140
56.29. A holder of a judgment lien acquired pursuant to this 141
chapter may not enforce his or her rights under this section 142
through self-help repossession or replevin wit hout the express 143
consent of the judgment debtor in a record authenticated after 144
default. 145
(7) Notwithstanding the attachment of a judgment lien 146
acquired under s. 55.202 to payment intangibles or accounts and 147
the proceeds thereof, the account debtor may, absent receipt of 148
notice under s. 679.607(1)(a) from a secured party, discharge 149
the account debtor's obligation to pay payment intangibles or 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
accounts or the proceeds thereof by paying the judgment debtor 151
until, but not after, the account debtor is served by process 152
with a complaint or petition by the judgment creditor seeking 153
judicial relief with respect to the payment intangibles or 154
accounts. Thereafter, the account debtor may discharge the 155
account debtor's obligation to pay payment intangibles or 156
accounts or the proceeds thereof under this section only in 157
accordance with a final order or judgm ent issued in such 158
judicial process that complies with this section. 159
Section 4. Section 55.208, Florida Statutes, is amended to 160
read: 161
55.208 Effect of prior liens on payment intangibles and 162
accounts; effect of filed judgment lien on writs of executio n 163
previously delivered to a sheriff. — 164
(1) A judgment lien under s. 55.202 existing before 165
October 1, 2022, becomes enforceable and perfected as of October 166
1, 2022, as to payment intangibles and accounts and the proceeds 167
thereof of a judgment debtor under s. 55.202(2). Any security 168
interest or lien on payment intangibles or accounts and the 169
proceeds thereof of a judgment debtor which is enforceable and 170
perfected before October 1, 2022, continues to have the same 171
rights and priority as existed before Octobe r 1, 2022, and may 172
not be primed as to payment intangibles or accounts by a 173
judgment lien certificate filed before October 1, 2022 Any lien 174
created by a writ of execution which has been delivered to the 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
sheriff of any county before October 1, 2001, remains in effect 176
for 2 years thereafter as to any property of the judgment debtor 177
located in that county before October 1, 2001, and remaining 178
within that county after that date . As to any property of the 179
judgment debtor brought into the county on or after Octob er 1, 180
2001, such writs create no lien, inchoate or otherwise. 181
(2) If a judgment creditor who has delivered a writ of 182
execution to a sheriff in any county prior to October 1, 2001, 183
properly files a judgment lien certificate with the Department 184
of State by October 1, 2003, the resulting judgment lien is 185
deemed filed on the date the writ was delivered to the sheriff 186
as to all property of the judgment debtor subject to execution 187
in this state under s. 56.061 which is located in that county on 188
October 1, 2001, and that remains continuously in that county 189
thereafter. Priority of such judgment liens is determined as of 190
the effective date they are considered to have been filed. As to 191
all other property of the judgment debtor, the effective date of 192
the judgment lien is as provided in s. 55.202. The duration of 193
all judgment liens is as provided in s. 55.204. 194
(3) If a judgment creditor who has delivered a writ of 195
execution to a sheriff in any county before October 1, 2001, 196
does not properly file a judgment lien cert ificate with the 197
Department of State by October 1, 2003, such writ is considered 198
to have been abandoned and to be of no effect after October 1, 199
2003. 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 5. Subsection (1) of section 55.209, Florida 201
Statutes, is amended to read: 202
55.209 Department of State; processing fees, 203
responsibilities.— 204
(1) Except for liens, assessments, warrants, or judgments 205
filed electronically as provided in s. 55.202(2)(c) s. 206
55.202(2)(b), the Department of State shall collect the 207
following nonrefundable processing fee s for all documents filed 208
in accordance with ss. 55.201 -55.209: 209
(a) For any judgment lien certificate or other documents 210
permitted to be filed, $20. 211
(b) For the certification of any filed document, $10. 212
(c) For copies of judgment lien documents which are 213
produced by the Department of State, $1 per page or part 214
thereof. However, no charge may be collected for copies provided 215
in an online electronic format via the Internet. 216
(d) For indexing a judgment lien by multiple judgment 217
debtor names, $5 per add itional name. 218
(e) For each additional facing page attached to a judgment 219
lien certificate or document permitted to be filed, $5. 220
Section 6. Subsection (6) of section 56.29, Florida 221
Statutes, is amended to read: 222
56.29 Proceedings supplementary. — 223
(6)(a) The court may order any property of the judgment 224
debtor, not exempt from execution , or any property, debt, or 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other obligation due to the judgment debtor, in the hands of or 226
under the control of any person subject to the Notice to Appear, 227
to be levied upon and applied toward the satisfaction of the 228
judgment debt. The court may enter any orders, judgments, or 229
writs required to carry out the purpose of this section, 230
including those orders necessary or proper to subject property 231
or property rights of any judgment debtor to execution, and 232
including entry of money judgments as provided in ss. 56.16 -233
56.19 against any person to whom a Notice to Appear has been 234
directed and over whom the court obtained personal jurisdiction 235
irrespective of whether such person has retained the property, 236
subject to applicable principles of equity, and in accordance 237
with chapters 76 and 77 and all applicable rules of civil 238
procedure. Sections 56.16 -56.20 apply to any order issued under 239
this subsection. 240
(b) If the personal proper ty of the judgment debtor 241
includes a motor vehicle, a mobile home, or a vessel that is 242
nonexempt to any extent from execution and for which a Florida 243
certificate of title has been issued, on presentation of a copy 244
of a valid judgment lien certificate acqui red under s. 55.202, 245
the court must order the Department of Highway Safety and Motor 246
Vehicles to note the liens of the judgment creditor on the 247
certificate of title and in the records of the department. 248
Section 7. Subsections (2) and (4) and paragraphs (a) and 249
(b) of subsection (5) of section 319.24, Florida Statutes, are 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
amended to read: 251
319.24 Issuance in duplicate; delivery; liens and 252
encumbrances.— 253
(2) A duly authorized person shall sign the original 254
certificate of title and each corrected certi ficate and, if 255
there are no liens or encumbrances on the motor vehicle or 256
mobile home, as shown in the records of the department or as 257
shown in the application, shall deliver the certificate to the 258
applicant or to another person as directed by the applican t or 259
person, agent, or attorney submitting such application. The 260
motor vehicle dealer license number must be submitted to the 261
department when a dealer applies for or receives a duplicate 262
title. The current odometer reading must be submitted on an 263
application for a duplicate title. If there are one or more 264
liens or encumbrances on the motor vehicle or mobile home, the 265
certificate shall be delivered by the department to the first 266
lienholder as shown by department records or to the owner as 267
indicated in the notice of lien filed by the first lienholder 268
pursuant to s. 319.27. If the notice of lien filed by the first 269
lienholder indicates that the certificate should be delivered to 270
the first lienholder, the department shall deliver to the first 271
lienholder, along wi th the certificate, a form to be 272
subsequently used by the lienholder as a satisfaction. If the 273
notice of lien filed by the first lienholder directs the 274
certificate of title to be delivered to the owner, then, upon 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
delivery of the certificate of title by th e department to the 276
owner, the department shall deliver to the first lienholder 277
confirmation of the receipt of the notice of lien and the date 278
the certificate of title was issued to the owner at the owner's 279
address shown on the notice of lien and a form to be 280
subsequently used by the lienholder as a satisfaction. If the 281
application for certificate shows the name of a first lienholder 282
different from the name of the first lienholder as shown by the 283
records of the department or if the application does not show 284
the name of a judgment lienholder as shown by the records of the 285
department, the certificate shall not be issued to any person 286
until after all parties who appear to hold a lien and the 287
applicant for the certificate have been notified of the conflict 288
in writing by the department by certified mail. If the parties 289
do not amicably resolve the conflict within 10 days from the 290
date such notice was mailed, then the department shall serve 291
notice in writing by certified mail on all persons appearing to 292
hold liens on that particular vehicle, including the applicant 293
for the certificate, to show cause within 15 days from the date 294
the notice is mailed why it should not issue and deliver the 295
certificate to the person indicated in the notice of lien filed 296
by the lienholder whose name appears in the application as the 297
first lienholder without showing any lien or liens as 298
outstanding other than those appearing in the application or 299
those which may have been filed subsequent to the filing of the 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
application for the certificat e. If, within the 15 -day period, 301
any person other than the lienholder shown in the application or 302
a party filing a subsequent lien, in answer to such notice to 303
show cause, appears in person or by a representative, or 304
responds in writing, and files a writte n statement under oath 305
that his or her lien on that particular vehicle is still 306
outstanding, the department shall not issue the certificate to 307
anyone until after such conflict has been settled by the lien 308
claimants involved or by a court of competent juris diction. If 309
the conflict is not settled amicably within 10 days of the final 310
date for filing an answer to the notice to show cause, the 311
complaining party shall have 10 days to obtain a ruling, or a 312
stay order, from a court of competent jurisdiction; if no ruling 313
or stay order is issued and served on the department within the 314
10-day period, it shall issue the certificate showing no liens 315
except those shown in the application or thereafter filed to the 316
original applicant if there are no liens shown in the 317
application and none are thereafter filed, or to the person 318
indicated in the notice of lien filed by the lienholder whose 319
name appears in the application as the first lienholder if there 320
are liens shown in the application or thereafter filed. A 321
duplicate certificate or corrected certificate shall only show 322
such lien or liens as were shown in the application and 323
subsequently filed liens that may be outstanding. 324
(4)(a)1. If the owner of the motor vehicle or mobile home, 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
as shown on the title certificate, or the director of the state 326
child support enforcement program, or the director's designee, 327
desires to place a second or subsequent lien or encumbrance 328
against the motor vehicle or mobile home when the title 329
certificate is in the possession of the first lienh older, the 330
owner shall send a written request to the first lienholder by 331
certified mail, and such first lienholder shall forward the 332
certificate to the department for endorsement. If the title 333
certificate is in the possession of the owner, the owner shall 334
forward the certificate to the department for endorsement. 335
2. If the holder of a judgment lien acquired under s. 336
55.202(2) on personal property of the owner desires to place a 337
lien on the motor vehicle, a mobile home to which the title has 338
not been retired, or a vessel, the judgment lienholder must send 339
a written request to the department together with a copy of the 340
lienholder's judgment lien certificate. The department shall add 341
the name of the judgment lienholder to the records of the 342
department. The judgment lienholder must also send a written 343
request to the person in possession of the title certificate by 344
certified mail, and that person shall forward the certificate to 345
the department for endorsement. 346
(b) The department shall return the certificate to either 347
the first lienholder or to the owner, as indicated in the notice 348
of lien filed by the first lienholder, after endorsing the 349
second or subsequent lien on the certificate and on the 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
duplicate. If the first lienholder or owner fails, neglects, or 351
refuses to forward the certificate of title to the department 352
within 10 days after from the date of the owner's , the judgment 353
lienholder's, or the director's or designee's request, the 354
department, on the written request of the subsequent lienholder 355
or an assignee thereof, shall demand of the first lienholder or 356
the owner the return of such certificate for the notation of the 357
second or subsequent lien or encumbrance. If the first 358
lienholder or owner fails, neglects, or refuses to return the 359
certificate to the department as requested, the department must 360
void the certificate of title and issue a replacement 361
certificate showing the notation of the subsequent lien or 362
encumbrance. 363
(5)(a) Upon satisfaction of any first lien , judgment lien, 364
or encumbrance recorded at the department or upon lapse of a 365
judgment lien, the owner of the motor vehicle or mobile home, as 366
shown on the title certificate, or the person satisfying the 367
lien is shall be entitled to demand and receive from the 368
lienholder a satisfaction of the lie n. If the lienholder, upon 369
satisfaction of the lien and upon demand, fails or refuses to 370
furnish a satisfaction thereof within 30 days after demand, he 371
or she shall be held liable for all costs, damages, and 372
expenses, including reasonable attorney attorney's fees, 373
lawfully incurred by the titled owner or person satisfying the 374
lien in any suit brought in this state for cancellation of the 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
lien. A motor vehicle dealer acquiring ownership of a motor 376
vehicle with an outstanding purchase money lien, shall pay an d 377
satisfy the outstanding lien within 10 working days of acquiring 378
ownership. The lienholder receiving final payment as defined in 379
s. 674.215 shall mail or otherwise deliver a lien satisfaction 380
and the certificate of title indicating the satisfaction withi n 381
10 working days of receipt of such final payment or notify the 382
person satisfying the lien that the title is not available 383
within 10 working days of receipt of such final payment. If the 384
lienholder is unable to provide the certificate of title and 385
notifies the person of such, the lienholder shall provide a lien 386
satisfaction and shall be responsible for the cost of a 387
duplicate title, including fast title charges as provided in s. 388
319.323. The provisions of this paragraph shall not apply to 389
electronic transactions pursuant to subsection (9). 390
(b) Following satisfaction of a lien or upon satisfaction 391
or lapse of a judgment lien , the lienholder shall enter a 392
satisfaction thereof in the space provided on the face of the 393
certificate of title. If the certificate of title was retained 394
by the owner, the owner shall, within 5 days of the satisfaction 395
of a lien, deliver the certificate of title to the lienholder 396
and the lienholder shall enter a satisfaction thereof in the 397
space provided on the face of the certificate of title. If there 398
are no subsequent liens shown thereon, the certificate shall be 399
delivered by the lienholder to the person satisfying the lien or 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
encumbrance and an executed satisfaction on a form provided by 401
the department shall be forwarded to the depa rtment by the 402
lienholder within 10 days of satisfaction of the lien. 403
Section 8. Section 319.241, Florida Statutes, is amended 404
to read: 405
319.241 Removal of lien from records. —The owner of a motor 406
vehicle or mobile home upon which a lien has been filed with the 407
department or noted upon a certificate of title for a period of 408
5 years may apply to the department in writing for such lien to 409
be removed from the department files or from the certificate of 410
title. The application shall be accompanied by evidence 411
satisfactory to the department that the applicant has notified 412
the lienholder by certified mail, not less than 20 days prior to 413
the date of the application, of his or her intention to apply to 414
the department for removal of the lien. Ten days after receipt 415
of the application, the department may remove the lien from its 416
files or from the certificate of title, as the case may be, if 417
no statement in writing protesting removal of the lien is 418
received by the department from the lienholder within the 10 -day 419
period. If, however, the lienholder files with the department 420
within the 10-day period a written statement that the lien is 421
still outstanding or that a second judgment lien certificate has 422
been filed with the Department of State , the department shall 423
not remove the lien until the lienholder presents a satisfaction 424
of lien to the department. If a second judgment lien certificate 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
was filed with the Department of State, the department must 426
remove the notice of the first judgment lien certificate and add 427
notation of the second judgment lien certificate at the end of 428
all noted liens. Ten days after the receipt of an application 429
for a derelict motor vehicle certificate and notification to the 430
lienholder, the department may remove the lien from the derelict 431
motor vehicle record if a written statement protesting removal 432
of the lien is not received by the department from the 433
lienholder within the 10 -day period. 434
Section 9. This act shall take effect July 1, 2022. 435