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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
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 effect 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 V E 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 V E 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, as those terms are defined in s. 679.1021(1), and the 56
proceeds thereof, 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 and 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 legal 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 if the time to 74
move for rehearing has lapsed, no motion for rehearing is 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
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 become 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 wi th this subsection is permanently void and 81
of no effect. 82
(c)(b) For any lien, warrant, assessment, or judgment 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 effective 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, priority 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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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
designee as determined by its executive director, through 101
electronic or information 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 execut ion, 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 section on such property not 120
yet noted on the certificate of title is valid and enforceable 121
against the judgment debtor. However, enforceability under this 122
chapter of such judgment lien against creditors or subsequent 123
purchasers is determined as provided under s. 319.27(2) or s. 124
328.14, as applicable. 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 of 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 under s. 55.202, who 136
is not enforcing separate lien rights in a judgment debtor's 137
property, may not enforce his or her rights under this section 138
through self-help repossession or replevin without a court order 139
or without the express consent of the judgment debtor contained 140
in a record authenticated in accordance with s. 668.50 or s. 141
679.1021(1)(g) after the judgment lien attaches. 142
(7) Notwithstanding the attachment of a judgment lien 143
acquired under s. 55.202 t o payment intangibles or accounts and 144
the proceeds thereof, the account debtor may, absent receipt of 145
notice under s. 679.607(1)(a) from a secured party, discharge 146
the account debtor's obligation to pay payment intangibles or 147
accounts or the proceeds there of by paying the judgment debtor 148
until, but not after, the account debtor is served by process 149
with a complaint or petition by the judgment creditor seeking 150
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judicial relief with respect to the payment intangibles or 151
accounts. Thereafter, the account debtor may discharge the 152
account debtor's obligation to pay payment intangibles or 153
accounts or the proceeds thereof under this section only in 154
accordance with a final order or judgment issued in such 155
judicial process that complies with this section. 156
Section 4. Section 55.208, Florida Statutes, is amended to 157
read: 158
55.208 Effect of prior liens on payment intangibles and 159
accounts; effect of filed judgment lien on writs of execution 160
previously delivered to a sheriff. — 161
(1) A judgment lien under s. 55.202 exist ing before 162
October 1, 2023, becomes enforceable and perfected as of October 163
1, 2023, as to payment intangibles and accounts and the proceeds 164
thereof of a judgment debtor under s. 55.202(2). Any security 165
interest or lien on payment intangibles or accounts a nd the 166
proceeds thereof of a judgment debtor which is enforceable and 167
perfected before October 1, 2023, continues to have the same 168
rights and priority as existed before October 1, 2023, and may 169
not be primed as to payment intangibles or accounts by a 170
judgment lien certificate filed before October 1, 2023 . 171
(1) Any lien created by a writ of execution which has been 172
delivered to the sheriff of any county before October 1, 2001, 173
remains in effect for 2 years thereafter as to any property of 174
the judgment debtor located in that county before October 1, 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
2001, and remaining within that county after that date. As to 176
any property of the judgment debtor brought into the county on 177
or after October 1, 2001, such writs create no lien, inchoate or 178
otherwise. 179
(2) If a judgment creditor who has delivered a writ of 180
execution to a sheriff in any county prior to October 1, 2001, 181
properly files a judgment lien certificate with the Department 182
of State by October 1, 2003, the resulting judgment lien is 183
deemed filed on the date the writ was delivered to the sheriff 184
as to all property of the judgment debtor subject to execution 185
in this state under s. 56.061 which is located in that county on 186
October 1, 2001, and that remains continuously in that county 187
thereafter. Priority of such judgment liens is determined as of 188
the effective date they are considered to have been filed. As to 189
all other property of the judgment debtor, the effective date of 190
the judgment lien is as provided in s. 55.202. The duration of 191
all judgment liens is as pr ovided in s. 55.204. 192
(3) If a judgment creditor who has delivered a writ of 193
execution to a sheriff in any county before October 1, 2001, 194
does not properly file a judgment lien certificate with the 195
Department of State by October 1, 2003, such writ is cons idered 196
to have been abandoned and to be of no effect after October 1, 197
2003. 198
Section 5. Subsection (1) of section 55.209, Florida 199
Statutes, is amended to read: 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
55.209 Department of State; processing fees, 201
responsibilities.— 202
(1) Except for liens, ass essments, warrants, or judgments 203
filed electronically as provided in s. 55.202(2)(c) s. 204
55.202(2)(b), the Department of State shall collect the 205
following nonrefundable processing fees for all documents filed 206
in accordance with ss. 55.201 -55.209: 207
(a) For any judgment lien certificate or other documents 208
permitted to be filed, $20. 209
(b) For the certification of any filed document, $10. 210
(c) For copies of judgment lien documents which are 211
produced by the Department of State, $1 per page or part 212
thereof. However, no charge may be collected for copies provided 213
in an online electronic format via the Internet. 214
(d) For indexing a judgment lien by multiple judgment 215
debtor names, $5 per additional name. 216
(e) For each additional facing page attached to a judgment 217
lien certificate or document permitted to be filed, $5. 218
Section 6. Subsection (6) of section 56.29, Florida 219
Statutes, is amended to read: 220
56.29 Proceedings supplementary. — 221
(6)(a) The court may order any property of the judgment 222
debtor, not exempt from execution, or any property, debt, or 223
other obligation due to the judgment debtor, in the hands of or 224
under the control of any person subject to the Notice to Appear, 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
to be levied upon and applied toward the satisfaction of the 226
judgment debt. The court may enter any orders, judgments, or 227
writs required to carry out the purpose of this section, 228
including those orders necessary or proper to subject property 229
or property rights of any judgment debtor to execution, and 230
including entry of money judgments as p rovided in ss. 56.16 -231
56.19 against any person to whom a Notice to Appear has been 232
directed and over whom the court obtained personal jurisdiction 233
irrespective of whether such person has retained the property, 234
subject to applicable principles of equity, and in accordance 235
with chapters 76 and 77 and all applicable rules of civil 236
procedure. Sections 56.16 -56.20 apply to any order issued under 237
this subsection. 238
(b) If the personal property of the judgment debtor 239
includes a motor vehicle or vessel that is nonex empt to any 240
extent from execution and for which a Florida certificate of 241
title has been issued, upon presentation of a copy of a valid 242
judgment lien certificate acquired under s. 55.202, the court 243
must order the Department of Highway Safety and Motor Vehic les 244
to note the liens of the judgment creditor on the certificate of 245
title and in the records of the department. 246
Section 7. Subsections (2) and (4) and paragraphs (a) and 247
(b) of subsection (5) of section 319.24, Florida Statutes, are 248
amended to read: 249
319.24 Issuance in duplicate; delivery; liens and 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
encumbrances.— 251
(2) A duly authorized person shall sign the original 252
certificate of title and each corrected certificate and, if 253
there are no liens or encumbrances on the motor vehicle or 254
mobile home, as shown in the records of the department or as 255
shown in the application, shall deliver the certificate to the 256
applicant or to another person as directed by the applicant or 257
person, agent, or attorney submitting such application. The 258
motor vehicle dealer license number must be submitted to the 259
department when a dealer applies for or receives a duplicate 260
title. The current odometer reading must be submitted on an 261
application for a duplicate title. If there are one or more 262
liens or encumbrances o n the motor vehicle or mobile home, the 263
certificate shall be delivered by the department to the first 264
lienholder as shown by department records or to the owner as 265
indicated in the notice of lien filed by the first lienholder 266
pursuant to s. 319.27. If the n otice of lien filed by the first 267
lienholder indicates that the certificate should be delivered to 268
the first lienholder, the department shall deliver to the first 269
lienholder, along with the certificate, a form to be 270
subsequently used by the lienholder as a satisfaction. If the 271
notice of lien filed by the first lienholder directs the 272
certificate of title to be delivered to the owner, then, upon 273
delivery of the certificate of title by the department to the 274
owner, the department shall deliver to the first lienh older 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
confirmation of the receipt of the notice of lien and the date 276
the certificate of title was issued to the owner at the owner's 277
address shown on the notice of lien and a form to be 278
subsequently used by the lienholder as a satisfaction. If the 279
application for certificate shows the name of a first lienholder 280
different from the name of the first lienholder as shown by the 281
records of the department or, if the application does not show 282
the name of a judgment lienholder as shown by the records of the 283
department, the certificate shall not be issued to any person 284
until after all parties who appear to hold a lien and the 285
applicant for the certificate have been notified of the conflict 286
in writing by the department by certified mail. If the parties 287
do not amicably resolve the conflict within 10 days from the 288
date such notice was mailed, then the department shall serve 289
notice in writing by certified mail on all persons appearing to 290
hold liens on that particular vehicle, including the applicant 291
for the certificate, t o show cause within 15 days from the date 292
the notice is mailed why it should not issue and deliver the 293
certificate to the person indicated in the notice of lien filed 294
by the lienholder whose name appears in the application as the 295
first lienholder without s howing any lien or liens as 296
outstanding other than those appearing in the application or 297
those which may have been filed subsequent to the filing of the 298
application for the certificate. If, within the 15 -day period, 299
any person other than the lienholder sho wn in the application or 300
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a party filing a subsequent lien, in answer to such notice to 301
show cause, appears in person or by a representative, or 302
responds in writing, and files a written statement under oath 303
that his or her lien on that particular vehicle is still 304
outstanding, the department shall not issue the certificate to 305
anyone until after such conflict has been settled by the lien 306
claimants involved or by a court of competent jurisdiction. If 307
the conflict is not settled amicably within 10 days of the fi nal 308
date for filing an answer to the notice to show cause, the 309
complaining party shall have 10 days to obtain a ruling, or a 310
stay order, from a court of competent jurisdiction; if no ruling 311
or stay order is issued and served on the department within the 312
10-day period, it shall issue the certificate showing no liens 313
except those shown in the application or thereafter filed to the 314
original applicant if there are no liens shown in the 315
application and none are thereafter filed, or to the person 316
indicated in the notice of lien filed by the lienholder whose 317
name appears in the application as the first lienholder if there 318
are liens shown in the application or thereafter filed. A 319
duplicate certificate or corrected certificate shall only show 320
such lien or liens as we re shown in the application and 321
subsequently filed liens that may be outstanding. 322
(4)(a)1. If the owner of the motor vehicle or mobile home, 323
as shown on the title certificate, or the director of the state 324
child support enforcement program, or the directo r's designee, 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
desires to place a second or subsequent lien or encumbrance 326
against the motor vehicle or mobile home when the title 327
certificate is in the possession of the first lienholder, the 328
owner shall send a written request to the first lienholder by 329
certified mail, and such first lienholder shall forward the 330
certificate to the department for endorsement. If the title 331
certificate is in the possession of the owner, the owner shall 332
forward the certificate to the department for endorsement. 333
2. If the holder of a judgment lien acquired under s. 334
55.202(2) on personal property of the owner desires to place a 335
lien on the motor vehicle or a vessel, the judgment lienholder 336
must send a written request to the department together with a 337
copy of the lienholder's jud gment lien certificate. The 338
department shall add the name of the judgment lienholder to the 339
records of the department. The judgment lienholder must also 340
send a written request to the person in possession of the title 341
certificate by certified mail, and that person shall forward the 342
certificate to the department for endorsement. 343
(b) The department shall return the certificate to either 344
the first lienholder or to the owner, as indicated in the notice 345
of lien filed by the first lienholder, after endorsing the 346
second or subsequent lien on the certificate and on the 347
duplicate. If the first lienholder or owner fails, neglects, or 348
refuses to forward the certificate of title to the department 349
within 10 days after from the date of the owner's , the judgment 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
lienholder's, or the director's or designee's request, the 351
department, on the written request of the subsequent lienholder 352
or an assignee thereof, shall demand of the first lienholder or 353
the owner the return of such certificate for the notation of the 354
second or subsequent lien or encumbrance. If the first 355
lienholder or owner fails, neglects, or refuses to return the 356
certificate to the department as requested, the department must 357
void the certificate of title and issue a replacement 358
certificate showing the notation o f the subsequent lien or 359
encumbrance. 360
(5)(a) Upon satisfaction of any first lien , judgment lien, 361
or encumbrance recorded at the department or upon lapse of a 362
judgment lien, the owner of the motor vehicle or mobile home, as 363
shown on the title certificate, or the person satisfying the 364
lien is shall be entitled to demand and receive from the 365
lienholder a satisfaction of the lien. If the lienholder, upon 366
satisfaction of the lien and upon demand, fails or refuses to 367
furnish a satisfaction thereof within 30 day s after demand, he 368
or she shall be held liable for all costs, damages, and 369
expenses, including reasonable attorney attorney's fees, 370
lawfully incurred by the titled owner or person satisfying the 371
lien in any suit brought in this state for cancellation of th e 372
lien. A motor vehicle dealer acquiring ownership of a motor 373
vehicle with an outstanding purchase money lien, shall pay and 374
satisfy the outstanding lien within 10 working days of acquiring 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
ownership. The lienholder receiving final payment as defined in 376
s. 674.215 shall mail or otherwise deliver a lien satisfaction 377
and the certificate of title indicating the satisfaction within 378
10 working days of receipt of such final payment or notify the 379
person satisfying the lien that the title is not available 380
within 10 working days of receipt of such final payment. If the 381
lienholder is unable to provide the certificate of title and 382
notifies the person of such, the lienholder shall provide a lien 383
satisfaction and shall be responsible for the cost of a 384
duplicate title, including fast title charges as provided in s. 385
319.323. The provisions of this paragraph shall not apply to 386
electronic transactions pursuant to subsection (9). 387
(b) Following satisfaction of a lien or upon satisfaction 388
or lapse of a judgment lien , the lienholder shall enter a 389
satisfaction thereof in the space provided on the face of the 390
certificate of title. If the certificate of title was retained 391
by the owner, the owner shall, within 5 days of the satisfaction 392
of a lien, deliver the certificate of title to the lienholder 393
and the lienholder shall enter a satisfaction thereof in the 394
space provided on the face of the certificate of title. If there 395
are no subsequent liens shown thereon, the certificate shall be 396
delivered by the lienholder to the person satisfyi ng the lien or 397
encumbrance and an executed satisfaction on a form provided by 398
the department shall be forwarded to the department by the 399
lienholder within 10 days of satisfaction of the lien. 400
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Section 8. Section 319.241, Florida Statutes, is amended 401
to read: 402
319.241 Removal of lien from records. —The owner of a motor 403
vehicle or mobile home upon which a lien has been filed with the 404
department or noted upon a certificate of title for a period of 405
5 years may apply to the department in writing for such lien to 406
be removed from the department files or from the certificate of 407
title. The application shall be accompanied by evidence 408
satisfactory to the department that the applicant has notified 409
the lienholder by certified mail, not less than 20 days prior to 410
the date of the application, of his or her intention to apply to 411
the department for removal of the lien. Ten days after receipt 412
of the application, the department may remove the lien from its 413
files or from the certificate of title, as the case may be, if 414
no statement in writing protesting removal of the lien is 415
received by the department from the lienholder within the 10 -day 416
period. If, however, the lienholder files with the department 417
within the 10-day period a written statement that the lien is 418
still outstanding or that a second judgment lien certificate has 419
been filed with the Department of State , the department shall 420
not remove the lien until the lienholder presents a satisfaction 421
of lien to the department. If a second judgment lien certificate 422
was filed with the Department of State, the department must 423
remove the notice of the first judgment lien certificate and add 424
notation of the second judgment lien certificate at the end of 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
all noted liens. Ten days after the receipt of an application 426
for a derelict motor vehicle certificate and notification to the 427
lienholder, the department may remove the lien from the derelict 428
motor vehicle record if a written statement protesting removal 429
of the lien is not received by the department from the 430
lienholder within the 10 -day period. 431
Section 9. This act shall take effect July 1, 2023. 432