FL
Florida House Bill H1173

Florida 2022 Regular Session

Florida House Bill H1173 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to judgment liens; providing a short 2
1616 title; amending s. 55.202, F.S.; specifying that 3
1717 payment intangibles, accounts, and the proceeds 4
18-thereof are subject to judgment liens; providing 5
19-construction; amending s. 55.205, F.S.; deleting a 6
20-provision specifying the priority of certain judgment 7
21-creditor liens; specifying the validity and 8
22-enforceability of judgment liens against motor 9
23-vehicles and vessels; providing a procedure for noting 10
24-the lien on the certificate of title; specifying 11
25-restrictions on the enforcement of judgment liens; 12
26-specifying an account debtor's authority to discharge 13
27-the account debtor's obligation to pay payment 14
28-intangibles, accounts, or the proceeds thereof; 15
29-amending s. 55.208, F.S.; providing construction 16
30-relating to the effe ct of liens existing before a 17
31-specified date on payment intangibles and accounts and 18
32-the proceeds thereof; deleting an obsolete provision 19
33-relating to judgment liens on writs of execution 20
34-previously delivered to a sheriff; amending s. 55.209, 21
35-F.S.; conforming a cross-reference; amending s. 56.29, 22
36-F.S.; requiring a court, under certain circumstances, 23
37-to order the Department of Highway Safety and Motor 24
38-Vehicles to note certain liens on the certificate of 25
18+thereof are subject to judgment liens; exempting 5
19+certain mobile homes from personal property subject to 6
20+judgment liens; providing construction; amending s. 7
21+55.205, F.S.; deleting a provision specifying the 8
22+priority of certain judgment creditor liens; 9
23+specifying the validity and enforceability of judgment 10
24+liens against motor vehicles, mobile homes, and 11
25+vessels; providing a procedure for noting the lien on 12
26+the certificate of title; specifying restrictions on 13
27+the enforcement of judgment liens; specifying an 14
28+account debtor's authority to discharge the account 15
29+debtor's obligation to pay payment intangibles, 16
30+accounts, or the proceeds thereof; amending s. 55.208, 17
31+F.S.; providing construction relating to the effect of 18
32+liens existing before a specified date on payment 19
33+intangibles and accounts and the proceeds thereof; 20
34+deleting an obsolete provision relating to judgment 21
35+liens on writs of execution previously delivered to a 22
36+sheriff; amending s. 55.209, F.S.; conforming a cross -23
37+reference; amending s. 56.29, F.S.; requiring a court, 24
38+under certain circumstances, to order the Department 25
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4747 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
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51-title of certain motor vehicles or vessels and in the 26
52-department's records; amending s. 319.24, F.S.; 27
53-prohibiting the department from issuing a motor 28
54-vehicle certificate of title under certain 29
55-circumstances; specifying procedures for a judgment 30
56-lienholder to place a lien on motor vehicles or 31
57-vessels; revising requirements for the department if a 32
58-certificate of title is not forwarded or returned to 33
59-the department under certain circumstances; revising 34
60-the authority of certain persons to demand and receive 35
61-a lien satisfaction; requiring a lienholder to enter a 36
62-satisfaction in a certificate of title upon 37
63-satisfaction or lapse of a judgment lien; amending s. 38
64-319.241, F.S.; revising circumstances under which the 39
65-department may not remove a lien from the department's 40
66-records or a certificate of title and specifying a 41
67-requirement for the department; providing an effective 42
68-date. 43
69- 44
70-Be It Enacted by the Legislature of the State of Florida: 45
71- 46
72- Section 1. This act may be cited as the "Judgment Lien 47
73-Improvement Act." 48
74- Section 2. Subsections (2) and (5) of section 55.202 , 49
75-Florida Statutes, are amended to read: 50
51+of Highway Safety and Motor Vehicles to n ote certain 26
52+liens on the certificate of title of certain motor 27
53+vehicles, mobile homes, or vessels and in the 28
54+department's records; amending s. 319.24, F.S.; 29
55+prohibiting the department from issuing a motor 30
56+vehicle or mobile home certificate of title under 31
57+certain circumstances; specifying procedures for a 32
58+judgment lienholder to place a lien on motor vehicles, 33
59+certain mobile homes, or vessels; revising 34
60+requirements for the department if a certificate of 35
61+title is not forwarded or returned to the department 36
62+under certain circumstances; revising the authority of 37
63+certain persons to demand and receive a lien 38
64+satisfaction; requiring a lienholder to enter a 39
65+satisfaction in a certificate of title upon 40
66+satisfaction or lapse of a judgment lien; amending s. 41
67+319.241, F.S.; revising circumstances under which the 42
68+department may not remove a lien from the department's 43
69+records or a certificate of title and specifying a 44
70+requirement for the department; providing an effective 45
71+date. 46
72+ 47
73+Be It Enacted by the Legislature of the Sta te of Florida: 48
74+ 49
75+ Section 1. This act may be cited as the "Judgment Lien 50
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8484 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
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88- 55.202 Judgments, orders, and decrees; lien on personal 51
89-property.— 52
90- (2) A judgment lien may be acquired on a judgment debtor's 53
91-interest in all personal property in this state subject to 54
92-execution under s. 56.061, including payment intangibles and 55
93-accounts and the proceeds thereof, as those terms are defined in 56
94-s. 679.1021(1), but excluding other than fixtures, money, 57
95-negotiable instruments, and mortgages. 58
96- (a) For payment intangibles and accounts and the proceeds 59
97-thereof: 60
98- 1. The rights of a judgment lienholder under this section 61
99-are subject to the rights under chapter 679 of a secured party, 62
100-as defined in s. 679.1021(1), who has a prior filed financing 63
101-statement encumbering such payment intangibles or accounts a nd 64
102-the proceeds thereof. 65
103- 2. This section does not affect the obligation under s. 66
104-679.607(1) of an account debtor as defined in s. 679.1021(1), 67
105-except as the rights and obligations under this paragraph are 68
106-otherwise adjudicated under applicable law in a l egal proceeding 69
107-to which the secured party and account debtor are joined as 70
108-parties. 71
109- (b) A judgment lien is acquired by filing a judgment lien 72
110-certificate in accordance with s. 55.203 with the Department of 73
111-State after the judgment has become final and i f the time to 74
112-move for rehearing has lapsed, no motion for rehearing is 75
88+Improvement Act." 51
89+ Section 2. Subsections (2) and (5) of section 55.202, 52
90+Florida Statutes, are amended to read: 53
91+ 55.202 Judgments, orders, and decrees; lien on personal 54
92+property.— 55
93+ (2) A judgment lien may be acquired on a judgment debtor's 56
94+interest in all personal property in this state subject to 57
95+execution under s. 56.061, including payment intangibles and 58
96+accounts and the proceeds thereof, as those terms are defined in 59
97+s. 679.1021(1), but excluding other than fixtures, money, 60
98+negotiable instruments, mobile homes to which title has been 61
99+retired, and mortgages. 62
100+ (a) For payment intangibles and accounts and the proceeds 63
101+thereof: 64
102+ 1. The rights of a judgment lienholder under this section 65
103+are subject to the rights under chapter 679 of a secured party, 66
104+as defined in s. 679.1021(1), who has a prior filed financing 67
105+statement encumbering such payment intangibles or accounts and 68
106+the proceeds thereof. 69
107+ 2. This section does not affect th e obligation under s. 70
108+679.607(1) of an account debtor as defined in s. 679.1021(1), 71
109+except as the rights and obligations under this paragraph are 72
110+otherwise adjudicated under applicable law in a legal proceeding 73
111+to which the secured party and account debtor are joined as 74
112+parties. 75
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121121 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
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125-pending, and no stay of the judgment or its enforcement is then 76
126-in effect. A court may authorize, for cause shown, the filing of 77
127-a judgment lien certificate before a judgment has becom e final 78
128-when the court has authorized the issuance of a writ of 79
129-execution in the same matter. A judgment lien certificate not 80
130-filed in compliance with this subsection is permanently void and 81
131-of no effect. 82
132- (c)(b) For any lien, warrant, assessment, or judg ment 83
133-collected by the Department of Revenue, a judgment lien may be 84
134-acquired by filing the judgment lien certificate information or 85
135-warrant with the Department of State in accordance with 86
136-subsection (5). 87
137- (d)(c) Except as provided in s. 55.208, the effect ive date 88
138-of a judgment lien is the date, including the time of day, of 89
139-filing. Although no lien attaches to property, and a creditor 90
140-does not become a lien creditor as to liens under chapter 679, 91
141-until the debtor acquires an interest in the property, prior ity 92
142-among competing judgment liens is determined in order of filing 93
143-date and time. 94
144- (e)(d) Except as provided in s. 55.204(3), a judgment 95
145-creditor may file only one effective judgment lien certificate 96
146-based upon a particular judgment. 97
147- (5) Liens, assessments, warrants, or judgments filed 98
148-pursuant to paragraph (2)(c) (2)(b) may be filed directly into 99
149-the central database by the Department of Revenue, or its 100
125+ (b) A judgment lien is acquired by filing a judgment lien 76
126+certificate in accordance with s. 55.203 with the Department of 77
127+State after the judgment has become final and if the time to 78
128+move for rehearing has lapsed, no motion for re hearing is 79
129+pending, and no stay of the judgment or its enforcement is then 80
130+in effect. A court may authorize, for cause shown, the filing of 81
131+a judgment lien certificate before a judgment has become final 82
132+when the court has authorized the issuance of a writ of 83
133+execution in the same matter. A judgment lien certificate not 84
134+filed in compliance with this subsection is permanently void and 85
135+of no effect. 86
136+ (c)(b) For any lien, warrant, assessment, or judgment 87
137+collected by the Department of Revenue, a judgment lien may be 88
138+acquired by filing the judgment lien certificate information or 89
139+warrant with the Department of State in accordance with 90
140+subsection (5). 91
141+ (d)(c) Except as provided in s. 55.208, the effective date 92
142+of a judgment lien is the date, including the time o f day, of 93
143+filing. Although no lien attaches to property, and a creditor 94
144+does not become a lien creditor as to liens under chapter 679, 95
145+until the debtor acquires an interest in the property, priority 96
146+among competing judgment liens is determined in order of filing 97
147+date and time. 98
148+ (e)(d) Except as provided in s. 55.204(3), a judgment 99
149+creditor may file only one effective judgment lien certificate 100
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158158 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
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162-designee as determined by its executive director, through 101
163-electronic or informati on data exchange programs approved by the 102
164-Department of State. Such filings must contain the information 103
165-set forth in s. 55.203(1). 104
166- Section 3. Subsection (1) of section 55.205, Florida 105
167-Statutes, is amended, and subsections (5), (6), and (7) are 106
168-added to that section, to read: 107
169- 55.205 Effect of judgment lien. — 108
170- (1) A judgment creditor who has not acquired a judgment 109
171-lien as provided in s. 55.202 or whose lien has lapsed may 110
172-nevertheless proceed against the judgment debtor's property 111
173-through any appropriate judicial process. Such judgment creditor 112
174-proceeding by writ of execution acquires a lien as of the time 113
175-of levy and only on the property levied upon. Except as provided 114
176-in s. 55.208, such judgment creditor takes subject to the claims 115
177-and interest of priority judgment creditors. 116
178- (5)(a) If the judgment debtor's personal property, to the 117
179-extent not exempt from execution, includes a motor vehicle or a 118
180-vessel for which a Florida certificate of title has been issued, 119
181-a judgment lien acquired under this sec tion on such property not 120
182-yet noted on the certificate of title is valid and enforceable 121
183-against the judgment debtor. However, such judgment lien is not 122
184-enforceable against creditors or subsequent purchasers of such 123
185-property for valuable consideration whos e interests have been 124
186-noted on the certificate of title as provided in s. 319.27. 125
162+based upon a particular judgment. 101
163+ (5) Liens, assessments, warrants, or judgments filed 102
164+pursuant to paragraph (2)(c) (2)(b) may be filed directly into 103
165+the central database by the Department of Revenue, or its 104
166+designee as determined by its executive director, through 105
167+electronic or information data exchange programs approved by the 106
168+Department of State. Such filings must contain the information 107
169+set forth in s. 55.203(1). 108
170+ Section 3. Subsection (1) of section 55.205, Florida 109
171+Statutes, is amended, and subsections (5), (6), and (7) are 110
172+added to that section, to read: 111
173+ 55.205 Effect of judgment lien. — 112
174+ (1) A judgment creditor who has not acquired a judgment 113
175+lien as provided in s. 55.202 or whose lien has lapsed may 114
176+nevertheless proceed against the judgment debtor's property 115
177+through any appropriate judicial process. Such judgment creditor 116
178+proceeding by writ of executio n acquires a lien as of the time 117
179+of levy and only on the property levied upon. Except as provided 118
180+in s. 55.208, such judgment creditor takes subject to the claims 119
181+and interest of priority judgment creditors. 120
182+ (5)(a) If the judgment debtor's personal prope rty, to the 121
183+extent not exempt from execution, includes a motor vehicle, a 122
184+mobile home, or a vessel for which a Florida certificate of 123
185+title has been issued, a judgment lien acquired under this 124
186+section on such property not yet noted on the certificate of 125
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195195 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
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199- (b) A judgment lienholder may obtain an order instructing 126
200-the Department of Highway Safety and Motor Vehicles to note the 127
201-lien on the certificate of title through a court o f competent 128
202-jurisdiction conducting proceedings supplementary to execution 129
203-under s. 56.29(6)(b). 130
204- (6) A judgment lien acquired under s. 55.202 may be 131
205-enforced only through judicial process, including attachment 132
206-under chapter 76; execution under chapter 56 ; garnishment under 133
207-chapter 77; a charging order under s. 605.0503, s. 620.1703, or 134
208-s. 620.8504; or proceedings supplementary to execution under s. 135
209-56.29. A holder of a judgment lien acquired pursuant to this 136
210-chapter may not enforce his or her rights under this section 137
211-through self-help repossession or replevin without the express 138
212-consent of the judgment debtor in a record authenticated after 139
213-default. 140
214- (7) Notwithstanding the attachment of a judgment lien 141
215-acquired under s. 55.202 to payment intangibles or accounts and 142
216-the proceeds thereof, the account debtor may, absent receipt of 143
217-notice under s. 679.607(1)(a) from a secured party, discharge 144
218-the account debtor's obligation to pay payment intangibles or 145
219-accounts or the proceeds thereof by paying the judgment debtor 146
220-until, but not after, the account debtor is served by process 147
221-with a complaint or petition by the judgment creditor seeking 148
222-judicial relief with respect to the payment intangibles or 149
223-accounts. Thereafter, the account debtor may discharge the 150
199+title is valid and enforceable against the judgment debtor. 126
200+However, such judgment lien is not enforceable against creditors 127
201+or subsequent purchasers of such property for valuable 128
202+consideration whose interests have been noted on the certificate 129
203+of title as provided in s. 319.27. 130
204+ (b) A judgment lienholder may obtain an order instructing 131
205+the Department of Highway Safety and Motor Vehicles to note the 132
206+lien on the certificate of title through a court of competent 133
207+jurisdiction conducting proceedings supplementar y to execution 134
208+under s. 56.29(6)(b). 135
209+ (6) A judgment lien acquired under s. 55.202 may be 136
210+enforced only through judicial process, including attachment 137
211+under chapter 76; execution under chapter 56; garnishment under 138
212+chapter 77; a charging order under s. 60 5.0503, s. 620.1703, or 139
213+s. 620.8504; or proceedings supplementary to execution under s. 140
214+56.29. A holder of a judgment lien acquired pursuant to this 141
215+chapter may not enforce his or her rights under this section 142
216+through self-help repossession or replevin wit hout the express 143
217+consent of the judgment debtor in a record authenticated after 144
218+default. 145
219+ (7) Notwithstanding the attachment of a judgment lien 146
220+acquired under s. 55.202 to payment intangibles or accounts and 147
221+the proceeds thereof, the account debtor may, absent receipt of 148
222+notice under s. 679.607(1)(a) from a secured party, discharge 149
223+the account debtor's obligation to pay payment intangibles or 150
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232232 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
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236-account debtor's obligation to pay payment intangibles or 151
237-accounts or the proceeds thereof under this section only in 152
238-accordance with a final order or judgm ent issued in such 153
239-judicial process that complies with this section. 154
240- Section 4. Section 55.208, Florida Statutes, is amended to 155
241-read: 156
242- 55.208 Effect of prior liens on payment intangibles and 157
243-accounts; effect of filed judgment lien on writs of executio n 158
244-previously delivered to a sheriff. — 159
245- (1) A judgment lien under s. 55.202 existing before 160
246-October 1, 2022, becomes enforceable and perfected as of October 161
247-1, 2022, as to payment intangibles and accounts and the proceeds 162
248-thereof of a judgment debtor under s. 55.202(2). Any security 163
249-interest or lien on payment intangibles or accounts and the 164
250-proceeds thereof of a judgment debtor which is enforceable and 165
251-perfected before October 1, 2022, continues to have the same 166
252-rights and priority as existed before Octobe r 1, 2022, and may 167
253-not be primed as to payment intangibles or accounts by a 168
254-judgment lien certificate filed before October 1, 2022 Any lien 169
255-created by a writ of execution which has been delivered to the 170
256-sheriff of any county before October 1, 2001, remains in effect 171
257-for 2 years thereafter as to any property of the judgment debtor 172
258-located in that county before October 1, 2001, and remaining 173
259-within that county after that date . As to any property of the 174
260-judgment debtor brought into the county on or after Octob er 1, 175
236+accounts or the proceeds thereof by paying the judgment debtor 151
237+until, but not after, the account debtor is served by process 152
238+with a complaint or petition by the judgment creditor seeking 153
239+judicial relief with respect to the payment intangibles or 154
240+accounts. Thereafter, the account debtor may discharge the 155
241+account debtor's obligation to pay payment intangibles or 156
242+accounts or the proceeds thereof under this section only in 157
243+accordance with a final order or judgm ent issued in such 158
244+judicial process that complies with this section. 159
245+ Section 4. Section 55.208, Florida Statutes, is amended to 160
246+read: 161
247+ 55.208 Effect of prior liens on payment intangibles and 162
248+accounts; effect of filed judgment lien on writs of executio n 163
249+previously delivered to a sheriff. — 164
250+ (1) A judgment lien under s. 55.202 existing before 165
251+October 1, 2022, becomes enforceable and perfected as of October 166
252+1, 2022, as to payment intangibles and accounts and the proceeds 167
253+thereof of a judgment debtor under s. 55.202(2). Any security 168
254+interest or lien on payment intangibles or accounts and the 169
255+proceeds thereof of a judgment debtor which is enforceable and 170
256+perfected before October 1, 2022, continues to have the same 171
257+rights and priority as existed before Octobe r 1, 2022, and may 172
258+not be primed as to payment intangibles or accounts by a 173
259+judgment lien certificate filed before October 1, 2022 Any lien 174
260+created by a writ of execution which has been delivered to the 175
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269269 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
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273-2001, such writs create no lien, inchoate or otherwise. 176
274- (2) If a judgment creditor who has delivered a writ of 177
275-execution to a sheriff in any county prior to October 1, 2001, 178
276-properly files a judgment lien certificate with the Department 179
277-of State by October 1, 2003, the resulting judgment lien is 180
278-deemed filed on the date the writ was delivered to the sheriff 181
279-as to all property of the judgment debtor subject to execution 182
280-in this state under s. 56.061 which is located in that county on 183
281-October 1, 2001, and that remains continuously in that county 184
282-thereafter. Priority of such judgment liens is determined as of 185
283-the effective date they are considered to have been filed. As to 186
284-all other property of the judgment debtor, the effective date of 187
285-the judgment lien is as provided in s. 55.202. The duration of 188
286-all judgment liens is as provided in s. 55.204. 189
287- (3) If a judgment creditor who has delivered a writ of 190
288-execution to a sheriff in any county before October 1, 2001, 191
289-does not properly file a judgment lien cert ificate with the 192
290-Department of State by October 1, 2003, such writ is considered 193
291-to have been abandoned and to be of no effect after October 1, 194
292-2003. 195
293- Section 5. Subsection (1) of section 55.209, Florida 196
294-Statutes, is amended to read: 197
295- 55.209 Department of State; processing fees, 198
296-responsibilities.— 199
297- (1) Except for liens, assessments, warrants, or judgments 200
273+sheriff of any county before October 1, 2001, remains in effect 176
274+for 2 years thereafter as to any property of the judgment debtor 177
275+located in that county before October 1, 2001, and remaining 178
276+within that county after that date . As to any property of the 179
277+judgment debtor brought into the county on or after Octob er 1, 180
278+2001, such writs create no lien, inchoate or otherwise. 181
279+ (2) If a judgment creditor who has delivered a writ of 182
280+execution to a sheriff in any county prior to October 1, 2001, 183
281+properly files a judgment lien certificate with the Department 184
282+of State by October 1, 2003, the resulting judgment lien is 185
283+deemed filed on the date the writ was delivered to the sheriff 186
284+as to all property of the judgment debtor subject to execution 187
285+in this state under s. 56.061 which is located in that county on 188
286+October 1, 2001, and that remains continuously in that county 189
287+thereafter. Priority of such judgment liens is determined as of 190
288+the effective date they are considered to have been filed. As to 191
289+all other property of the judgment debtor, the effective date of 192
290+the judgment lien is as provided in s. 55.202. The duration of 193
291+all judgment liens is as provided in s. 55.204. 194
292+ (3) If a judgment creditor who has delivered a writ of 195
293+execution to a sheriff in any county before October 1, 2001, 196
294+does not properly file a judgment lien cert ificate with the 197
295+Department of State by October 1, 2003, such writ is considered 198
296+to have been abandoned and to be of no effect after October 1, 199
297+2003. 200
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306306 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
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310-filed electronically as provided in s. 55.202(2)(c) s. 201
311-55.202(2)(b), the Department of State shall collect the 202
312-following nonrefundable processing fee s for all documents filed 203
313-in accordance with ss. 55.201 -55.209: 204
314- (a) For any judgment lien certificate or other documents 205
315-permitted to be filed, $20. 206
316- (b) For the certification of any filed document, $10. 207
317- (c) For copies of judgment lien documents which are 208
318-produced by the Department of State, $1 per page or part 209
319-thereof. However, no charge may be collected for copies provided 210
320-in an online electronic format via the Internet. 211
321- (d) For indexing a judgment lien by multiple judgment 212
322-debtor names, $5 per add itional name. 213
323- (e) For each additional facing page attached to a judgment 214
324-lien certificate or document permitted to be filed, $5. 215
325- Section 6. Subsection (6) of section 56.29, Florida 216
326-Statutes, is amended to read: 217
327- 56.29 Proceedings supplementary. — 218
328- (6)(a) The court may order any property of the judgment 219
329-debtor, not exempt from execution , or any property, debt, or 220
330-other obligation due to the judgment debtor, in the hands of or 221
331-under the control of any person subject to the Notice to Appear, 222
332-to be levied upon and applied toward the satisfaction of the 223
333-judgment debt. The court may enter any orders, judgments, or 224
334-writs required to carry out the purpose of this section, 225
310+ Section 5. Subsection (1) of section 55.209, Florida 201
311+Statutes, is amended to read: 202
312+ 55.209 Department of State; processing fees, 203
313+responsibilities.— 204
314+ (1) Except for liens, assessments, warrants, or judgments 205
315+filed electronically as provided in s. 55.202(2)(c) s. 206
316+55.202(2)(b), the Department of State shall collect the 207
317+following nonrefundable processing fee s for all documents filed 208
318+in accordance with ss. 55.201 -55.209: 209
319+ (a) For any judgment lien certificate or other documents 210
320+permitted to be filed, $20. 211
321+ (b) For the certification of any filed document, $10. 212
322+ (c) For copies of judgment lien documents which are 213
323+produced by the Department of State, $1 per page or part 214
324+thereof. However, no charge may be collected for copies provided 215
325+in an online electronic format via the Internet. 216
326+ (d) For indexing a judgment lien by multiple judgment 217
327+debtor names, $5 per add itional name. 218
328+ (e) For each additional facing page attached to a judgment 219
329+lien certificate or document permitted to be filed, $5. 220
330+ Section 6. Subsection (6) of section 56.29, Florida 221
331+Statutes, is amended to read: 222
332+ 56.29 Proceedings supplementary. — 223
333+ (6)(a) The court may order any property of the judgment 224
334+debtor, not exempt from execution , or any property, debt, or 225
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343343 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
344344
345345
346346
347-including those orders necessary or proper to subject property 226
348-or property rights of any judgment debtor to execution, and 227
349-including entry of money judgments as provided in ss. 56.16 -228
350-56.19 against any person to whom a Notice to Appear has been 229
351-directed and over whom the court obtained personal jurisdiction 230
352-irrespective of whether such person has retained the property, 231
353-subject to applicable principles of equity, and in accordance 232
354-with chapters 76 and 77 and all applicable rules of civil 233
355-procedure. Sections 56.16 -56.20 apply to any order issued under 234
356-this subsection. 235
357- (b) If the personal proper ty of the judgment debtor 236
358-includes a motor vehicle or a vessel that is nonexempt to any 237
359-extent from execution and for which a Florida certificate of 238
360-title has been issued, on presentation of a copy of a valid 239
361-judgment lien certificate acquired under s. 55. 202, the court 240
362-must order the Department of Highway Safety and Motor Vehicles 241
363-to note the liens of the judgment creditor on the certificate of 242
364-title and in the records of the department. 243
365- Section 7. Subsections (2) and (4) and paragraphs (a) and 244
366-(b) of subsection (5) of section 319.24, Florida Statutes, are 245
367-amended to read: 246
368- 319.24 Issuance in duplicate; delivery; liens and 247
369-encumbrances.— 248
370- (2) A duly authorized person shall sign the original 249
371-certificate of title and each corrected certificate and, if 250
347+other obligation due to the judgment debtor, in the hands of or 226
348+under the control of any person subject to the Notice to Appear, 227
349+to be levied upon and applied toward the satisfaction of the 228
350+judgment debt. The court may enter any orders, judgments, or 229
351+writs required to carry out the purpose of this section, 230
352+including those orders necessary or proper to subject property 231
353+or property rights of any judgment debtor to execution, and 232
354+including entry of money judgments as provided in ss. 56.16 -233
355+56.19 against any person to whom a Notice to Appear has been 234
356+directed and over whom the court obtained personal jurisdiction 235
357+irrespective of whether such person has retained the property, 236
358+subject to applicable principles of equity, and in accordance 237
359+with chapters 76 and 77 and all applicable rules of civil 238
360+procedure. Sections 56.16 -56.20 apply to any order issued under 239
361+this subsection. 240
362+ (b) If the personal proper ty of the judgment debtor 241
363+includes a motor vehicle, a mobile home, or a vessel that is 242
364+nonexempt to any extent from execution and for which a Florida 243
365+certificate of title has been issued, on presentation of a copy 244
366+of a valid judgment lien certificate acqui red under s. 55.202, 245
367+the court must order the Department of Highway Safety and Motor 246
368+Vehicles to note the liens of the judgment creditor on the 247
369+certificate of title and in the records of the department. 248
370+ Section 7. Subsections (2) and (4) and paragraphs (a) and 249
371+(b) of subsection (5) of section 319.24, Florida Statutes, are 250
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380380 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
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384-there are no liens or encumbrances on the motor vehicle or 251
385-mobile home, as shown in the records of the department or as 252
386-shown in the application, shall deliver the certificate to the 253
387-applicant or to another person as directed by the applicant or 254
388-person, agent, or attorney submitting such application. The 255
389-motor vehicle dealer license number must be submitted to the 256
390-department when a dealer applies for or receives a duplicate 257
391-title. The current odometer reading must be submitted on an 258
392-application for a duplica te title. If there are one or more 259
393-liens or encumbrances on the motor vehicle or mobile home, the 260
394-certificate shall be delivered by the department to the first 261
395-lienholder as shown by department records or to the owner as 262
396-indicated in the notice of lien fil ed by the first lienholder 263
397-pursuant to s. 319.27. If the notice of lien filed by the first 264
398-lienholder indicates that the certificate should be delivered to 265
399-the first lienholder, the department shall deliver to the first 266
400-lienholder, along with the certifica te, a form to be 267
401-subsequently used by the lienholder as a satisfaction. If the 268
402-notice of lien filed by the first lienholder directs the 269
403-certificate of title to be delivered to the owner, then, upon 270
404-delivery of the certificate of title by the department to the 271
405-owner, the department shall deliver to the first lienholder 272
406-confirmation of the receipt of the notice of lien and the date 273
407-the certificate of title was issued to the owner at the owner's 274
408-address shown on the notice of lien and a form to be 275
384+amended to read: 251
385+ 319.24 Issuance in duplicate; delivery; liens and 252
386+encumbrances.— 253
387+ (2) A duly authorized person shall sign the original 254
388+certificate of title and each corrected certi ficate and, if 255
389+there are no liens or encumbrances on the motor vehicle or 256
390+mobile home, as shown in the records of the department or as 257
391+shown in the application, shall deliver the certificate to the 258
392+applicant or to another person as directed by the applican t or 259
393+person, agent, or attorney submitting such application. The 260
394+motor vehicle dealer license number must be submitted to the 261
395+department when a dealer applies for or receives a duplicate 262
396+title. The current odometer reading must be submitted on an 263
397+application for a duplicate title. If there are one or more 264
398+liens or encumbrances on the motor vehicle or mobile home, the 265
399+certificate shall be delivered by the department to the first 266
400+lienholder as shown by department records or to the owner as 267
401+indicated in the notice of lien filed by the first lienholder 268
402+pursuant to s. 319.27. If the notice of lien filed by the first 269
403+lienholder indicates that the certificate should be delivered to 270
404+the first lienholder, the department shall deliver to the first 271
405+lienholder, along wi th the certificate, a form to be 272
406+subsequently used by the lienholder as a satisfaction. If the 273
407+notice of lien filed by the first lienholder directs the 274
408+certificate of title to be delivered to the owner, then, upon 275
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417417 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
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421-subsequently used by the lienholder as a satisfaction. If the 276
422-application for certificate shows the name of a first lienholder 277
423-different from the name of the first lienholder as shown by the 278
424-records of the department or if the application does not show 279
425-the name of a judgment lienholder as shown by the records of the 280
426-department, the certificate shall not be issued to any person 281
427-until after all parties who appear to hold a lien and the 282
428-applicant for the certificate have been notified of the conflict 283
429-in writing by the dep artment by certified mail. If the parties 284
430-do not amicably resolve the conflict within 10 days from the 285
431-date such notice was mailed, then the department shall serve 286
432-notice in writing by certified mail on all persons appearing to 287
433-hold liens on that particula r vehicle, including the applicant 288
434-for the certificate, to show cause within 15 days from the date 289
435-the notice is mailed why it should not issue and deliver the 290
436-certificate to the person indicated in the notice of lien filed 291
437-by the lienholder whose name app ears in the application as the 292
438-first lienholder without showing any lien or liens as 293
439-outstanding other than those appearing in the application or 294
440-those which may have been filed subsequent to the filing of the 295
441-application for the certificate. If, within th e 15-day period, 296
442-any person other than the lienholder shown in the application or 297
443-a party filing a subsequent lien, in answer to such notice to 298
444-show cause, appears in person or by a representative, or 299
445-responds in writing, and files a written statement unde r oath 300
421+delivery of the certificate of title by th e department to the 276
422+owner, the department shall deliver to the first lienholder 277
423+confirmation of the receipt of the notice of lien and the date 278
424+the certificate of title was issued to the owner at the owner's 279
425+address shown on the notice of lien and a form to be 280
426+subsequently used by the lienholder as a satisfaction. If the 281
427+application for certificate shows the name of a first lienholder 282
428+different from the name of the first lienholder as shown by the 283
429+records of the department or if the application does not show 284
430+the name of a judgment lienholder as shown by the records of the 285
431+department, the certificate shall not be issued to any person 286
432+until after all parties who appear to hold a lien and the 287
433+applicant for the certificate have been notified of the conflict 288
434+in writing by the department by certified mail. If the parties 289
435+do not amicably resolve the conflict within 10 days from the 290
436+date such notice was mailed, then the department shall serve 291
437+notice in writing by certified mail on all persons appearing to 292
438+hold liens on that particular vehicle, including the applicant 293
439+for the certificate, to show cause within 15 days from the date 294
440+the notice is mailed why it should not issue and deliver the 295
441+certificate to the person indicated in the notice of lien filed 296
442+by the lienholder whose name appears in the application as the 297
443+first lienholder without showing any lien or liens as 298
444+outstanding other than those appearing in the application or 299
445+those which may have been filed subsequent to the filing of the 300
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454454 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
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457457
458-that his or her lien on that particular vehicle is still 301
459-outstanding, the department shall not issue the certificate to 302
460-anyone until after such conflict has been settled by the lien 303
461-claimants involved or by a court of competent jurisdiction. If 304
462-the conflict is not settled amicably within 10 days of the final 305
463-date for filing an answer to the notice to show cause, the 306
464-complaining party shall have 10 days to obtain a ruling, or a 307
465-stay order, from a court of competent jurisdiction; if no ruling 308
466-or stay order is issued and served on the department within the 309
467-10-day period, it shall issue the certificate showing no liens 310
468-except those shown in the application or thereafter filed to the 311
469-original applicant if there are no liens shown in the 312
470-application and none are thereafter filed, or to the person 313
471-indicated in the notice of lien filed by the lienholder whose 314
472-name appears in the application as the first lienholder if there 315
473-are liens shown in the application or thereafter filed. A 316
474-duplicate certificate or corre cted certificate shall only show 317
475-such lien or liens as were shown in the application and 318
476-subsequently filed liens that may be outstanding. 319
477- (4)(a)1. If the owner of the motor vehicle or mobile home, 320
478-as shown on the title certificate, or the director of the state 321
479-child support enforcement program, or the director's designee, 322
480-desires to place a second or subsequent lien or encumbrance 323
481-against the motor vehicle or mobile home when the title 324
482-certificate is in the possession of the first lienholder, the 325
458+application for the certificat e. If, within the 15 -day period, 301
459+any person other than the lienholder shown in the application or 302
460+a party filing a subsequent lien, in answer to such notice to 303
461+show cause, appears in person or by a representative, or 304
462+responds in writing, and files a writte n statement under oath 305
463+that his or her lien on that particular vehicle is still 306
464+outstanding, the department shall not issue the certificate to 307
465+anyone until after such conflict has been settled by the lien 308
466+claimants involved or by a court of competent juris diction. If 309
467+the conflict is not settled amicably within 10 days of the final 310
468+date for filing an answer to the notice to show cause, the 311
469+complaining party shall have 10 days to obtain a ruling, or a 312
470+stay order, from a court of competent jurisdiction; if no ruling 313
471+or stay order is issued and served on the department within the 314
472+10-day period, it shall issue the certificate showing no liens 315
473+except those shown in the application or thereafter filed to the 316
474+original applicant if there are no liens shown in the 317
475+application and none are thereafter filed, or to the person 318
476+indicated in the notice of lien filed by the lienholder whose 319
477+name appears in the application as the first lienholder if there 320
478+are liens shown in the application or thereafter filed. A 321
479+duplicate certificate or corrected certificate shall only show 322
480+such lien or liens as were shown in the application and 323
481+subsequently filed liens that may be outstanding. 324
482+ (4)(a)1. If the owner of the motor vehicle or mobile home, 325
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491491 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
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494494
495-owner shall send a written request to the first lienholder by 326
496-certified mail, and such first lienholder shall forward the 327
497-certificate to the department for endorsement. If the title 328
498-certificate is in the possession of the owner, the owner shall 329
499-forward the certificate to the department for endorsement. 330
500- 2. If the holder of a judgment lien acquired under s. 331
501-55.202(2) on personal property of the owner desires to place a 332
502-lien on the motor vehicle or a vessel, the judgment lienholder 333
503-must send a written request to the department together with a 334
504-copy of the lienholder's judgment lien certificate. The 335
505-department shall add the name of the judgment lienholder to the 336
506-records of the department. The judgment lienholder must also 337
507-send a written request to the person in possession of the title 338
508-certificate by certified mail, and that person shall forward the 339
509-certificate to the department for endorsement. 340
510- (b) The department shall return the certificate to either 341
511-the first lienholder or to the owner, as indicated in the notice 342
512-of lien filed by the first lienholder, after endorsing the 343
513-second or subsequent lien on the certificate and on the 344
514-duplicate. If the first lienholder or owner fails, neglects, or 345
515-refuses to forward the certificate of title to the department 346
516-within 10 days after from the date of the owner's , the judgment 347
517-lienholder's, or the director's or designee's request, the 348
518-department, on the written request of the subsequent lienholder 349
519-or an assignee thereof, shall demand of the first lienholder or 350
495+as shown on the title certificate, or the director of the state 326
496+child support enforcement program, or the director's designee, 327
497+desires to place a second or subsequent lien or encumbrance 328
498+against the motor vehicle or mobile home when the title 329
499+certificate is in the possession of the first lienh older, the 330
500+owner shall send a written request to the first lienholder by 331
501+certified mail, and such first lienholder shall forward the 332
502+certificate to the department for endorsement. If the title 333
503+certificate is in the possession of the owner, the owner shall 334
504+forward the certificate to the department for endorsement. 335
505+ 2. If the holder of a judgment lien acquired under s. 336
506+55.202(2) on personal property of the owner desires to place a 337
507+lien on the motor vehicle, a mobile home to which the title has 338
508+not been retired, or a vessel, the judgment lienholder must send 339
509+a written request to the department together with a copy of the 340
510+lienholder's judgment lien certificate. The department shall add 341
511+the name of the judgment lienholder to the records of the 342
512+department. The judgment lienholder must also send a written 343
513+request to the person in possession of the title certificate by 344
514+certified mail, and that person shall forward the certificate to 345
515+the department for endorsement. 346
516+ (b) The department shall return the certificate to either 347
517+the first lienholder or to the owner, as indicated in the notice 348
518+of lien filed by the first lienholder, after endorsing the 349
519+second or subsequent lien on the certificate and on the 350
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528528 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
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532-the owner the return of such certificate for the notation of the 351
533-second or subsequent lien or encumbrance. If the first 352
534-lienholder or owner fails, neglects, or refuses to return the 353
535-certificate to the department as requested, the department must 354
536-void the certificate of title and issue a replacement 355
537-certificate showing the notation of the subsequent lien or 356
538-encumbrance. 357
539- (5)(a) Upon satisfaction of any first lien , judgment lien, 358
540-or encumbrance recorded at the department or upon lapse of a 359
541-judgment lien, the owner of the motor vehicle or mobile home, as 360
542-shown on the title certificate, or the person satisfying the 361
543-lien is shall be entitled to demand and receive from the 362
544-lienholder a satisfaction of the lien. If the lienholder, upon 363
545-satisfaction of the lien and upon demand, fails or refuses to 364
546-furnish a satisfaction thereof within 30 days after demand, he 365
547-or she shall be held liable for all costs, damages, and 366
548-expenses, including reasonable attorney attorney's fees, 367
549-lawfully incurred by the titled owner or person satisfying the 368
550-lien in any suit brought in this state for cancellation of the 369
551-lien. A motor vehicle dealer acquiring ownership of a motor 370
552-vehicle with an outstanding purchase money lien, shall pay and 371
553-satisfy the outstanding lien within 10 working days of acquiring 372
554-ownership. The lienholder receiving final payment as defined in 373
555-s. 674.215 shall mail or otherwise deliver a lien satisfaction 374
556-and the certificate of title indicating the satisfaction within 375
532+duplicate. If the first lienholder or owner fails, neglects, or 351
533+refuses to forward the certificate of title to the department 352
534+within 10 days after from the date of the owner's , the judgment 353
535+lienholder's, or the director's or designee's request, the 354
536+department, on the written request of the subsequent lienholder 355
537+or an assignee thereof, shall demand of the first lienholder or 356
538+the owner the return of such certificate for the notation of the 357
539+second or subsequent lien or encumbrance. If the first 358
540+lienholder or owner fails, neglects, or refuses to return the 359
541+certificate to the department as requested, the department must 360
542+void the certificate of title and issue a replacement 361
543+certificate showing the notation of the subsequent lien or 362
544+encumbrance. 363
545+ (5)(a) Upon satisfaction of any first lien , judgment lien, 364
546+or encumbrance recorded at the department or upon lapse of a 365
547+judgment lien, the owner of the motor vehicle or mobile home, as 366
548+shown on the title certificate, or the person satisfying the 367
549+lien is shall be entitled to demand and receive from the 368
550+lienholder a satisfaction of the lie n. If the lienholder, upon 369
551+satisfaction of the lien and upon demand, fails or refuses to 370
552+furnish a satisfaction thereof within 30 days after demand, he 371
553+or she shall be held liable for all costs, damages, and 372
554+expenses, including reasonable attorney attorney's fees, 373
555+lawfully incurred by the titled owner or person satisfying the 374
556+lien in any suit brought in this state for cancellation of the 375
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565565 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
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567567
568568
569-10 working days of receipt of such final payment or notify the 376
570-person satisfying the lien that the title is not available 377
571-within 10 working days of receipt of such final payment. If the 378
572-lienholder is unable to provide the certificate of title and 379
573-notifies the person of such, the lienholder shall provide a lien 380
574-satisfaction and shall be responsible for the cost of a 381
575-duplicate title, including fast title charges as provided in s. 382
576-319.323. The provisions of this paragraph sha ll not apply to 383
577-electronic transactions pursuant to subsection (9). 384
578- (b) Following satisfaction of a lien or upon satisfaction 385
579-or lapse of a judgment lien , the lienholder shall enter a 386
580-satisfaction thereof in the space provided on the face of the 387
581-certificate of title. If the certificate of title was retained 388
582-by the owner, the owner shall, within 5 days of the satisfaction 389
583-of a lien, deliver the certificate of title to the lienholder 390
584-and the lienholder shall enter a satisfaction thereof in the 391
585-space provided on the face of the certificate of title. If there 392
586-are no subsequent liens shown thereon, the certificate shall be 393
587-delivered by the lienholder to the person satisfying the lien or 394
588-encumbrance and an executed satisfaction on a form provided by 395
589-the department shall be forwarded to the department by the 396
590-lienholder within 10 days of satisfaction of the lien. 397
591- Section 8. Section 319.241, Florida Statutes, is amended 398
592-to read: 399
593- 319.241 Removal of lien from records. —The owner of a motor 400
569+lien. A motor vehicle dealer acquiring ownership of a motor 376
570+vehicle with an outstanding purchase money lien, shall pay an d 377
571+satisfy the outstanding lien within 10 working days of acquiring 378
572+ownership. The lienholder receiving final payment as defined in 379
573+s. 674.215 shall mail or otherwise deliver a lien satisfaction 380
574+and the certificate of title indicating the satisfaction withi n 381
575+10 working days of receipt of such final payment or notify the 382
576+person satisfying the lien that the title is not available 383
577+within 10 working days of receipt of such final payment. If the 384
578+lienholder is unable to provide the certificate of title and 385
579+notifies the person of such, the lienholder shall provide a lien 386
580+satisfaction and shall be responsible for the cost of a 387
581+duplicate title, including fast title charges as provided in s. 388
582+319.323. The provisions of this paragraph shall not apply to 389
583+electronic transactions pursuant to subsection (9). 390
584+ (b) Following satisfaction of a lien or upon satisfaction 391
585+or lapse of a judgment lien , the lienholder shall enter a 392
586+satisfaction thereof in the space provided on the face of the 393
587+certificate of title. If the certificate of title was retained 394
588+by the owner, the owner shall, within 5 days of the satisfaction 395
589+of a lien, deliver the certificate of title to the lienholder 396
590+and the lienholder shall enter a satisfaction thereof in the 397
591+space provided on the face of the certificate of title. If there 398
592+are no subsequent liens shown thereon, the certificate shall be 399
593+delivered by the lienholder to the person satisfying the lien or 400
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602602 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
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604604
605605
606-vehicle or mobile home upon which a lien has been filed with the 401
607-department or noted upon a certificate of title for a period of 402
608-5 years may apply to the department in writing for such lien to 403
609-be removed from the department files or from the certificate of 404
610-title. The application shall be accompanied by evidence 405
611-satisfactory to the department that the applicant has notified 406
612-the lienholder by certified mail, not less than 20 days prior to 407
613-the date of the application, of his or her intention to apply to 408
614-the department for removal of the lien. Ten days after receipt 409
615-of the application, the department may remove the lien from its 410
616-files or from the certificate of title, as the case may be, if 411
617-no statement in writing protesting removal of the lien is 412
618-received by the department from the l ienholder within the 10 -day 413
619-period. If, however, the lienholder files with the department 414
620-within the 10-day period a written statement that the lien is 415
621-still outstanding or that a second judgment lien certificate has 416
622-been filed with the Department of State , the department shall 417
623-not remove the lien until the lienholder presents a satisfaction 418
624-of lien to the department. If a second judgment lien certificate 419
625-was filed with the Department of State, the department must 420
626-remove the notice of the first judgment lie n certificate and add 421
627-notation of the second judgment lien certificate at the end of 422
628-all noted liens. Ten days after the receipt of an application 423
629-for a derelict motor vehicle certificate and notification to the 424
630-lienholder, the department may remove the li en from the derelict 425
606+encumbrance and an executed satisfaction on a form provided by 401
607+the department shall be forwarded to the depa rtment by the 402
608+lienholder within 10 days of satisfaction of the lien. 403
609+ Section 8. Section 319.241, Florida Statutes, is amended 404
610+to read: 405
611+ 319.241 Removal of lien from records. —The owner of a motor 406
612+vehicle or mobile home upon which a lien has been filed with the 407
613+department or noted upon a certificate of title for a period of 408
614+5 years may apply to the department in writing for such lien to 409
615+be removed from the department files or from the certificate of 410
616+title. The application shall be accompanied by evidence 411
617+satisfactory to the department that the applicant has notified 412
618+the lienholder by certified mail, not less than 20 days prior to 413
619+the date of the application, of his or her intention to apply to 414
620+the department for removal of the lien. Ten days after receipt 415
621+of the application, the department may remove the lien from its 416
622+files or from the certificate of title, as the case may be, if 417
623+no statement in writing protesting removal of the lien is 418
624+received by the department from the lienholder within the 10 -day 419
625+period. If, however, the lienholder files with the department 420
626+within the 10-day period a written statement that the lien is 421
627+still outstanding or that a second judgment lien certificate has 422
628+been filed with the Department of State , the department shall 423
629+not remove the lien until the lienholder presents a satisfaction 424
630+of lien to the department. If a second judgment lien certificate 425
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639639 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
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643-motor vehicle record if a written statement protesting removal 426
644-of the lien is not received by the department from the 427
645-lienholder within the 10 -day period. 428
646- Section 9. This act shall take effect July 1, 2022. 429
643+was filed with the Department of State, the department must 426
644+remove the notice of the first judgment lien certificate and add 427
645+notation of the second judgment lien certificate at the end of 428
646+all noted liens. Ten days after the receipt of an application 429
647+for a derelict motor vehicle certificate and notification to the 430
648+lienholder, the department may remove the lien from the derelict 431
649+motor vehicle record if a written statement protesting removal 432
650+of the lien is not received by the department from the 433
651+lienholder within the 10 -day period. 434
652+ Section 9. This act shall take effect July 1, 2022. 435