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