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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to judgment liens; amending s. 55.202, 2
F.S.; authorizing a judgment lien to attach to 3
specified personal property and all payment 4
intangibles and accounts of a judgment debtor located 5
in this state; providing definitions; specifying that 6
the filing of a noncompliant judgment lien certificate 7
does not preclude the subsequent filing of a compliant 8
judgment lien certificate; specifying the provisions 9
to be used in resolving the priority of conflicting 10
rights between a judgment lienholder and a secured 11
party; amending s. 55.205, F.S.; specifying that the 12
rights of certain judgment debtors to proceed against 13
the judgment debtor's property are subject to certain 14
provisions; providing that an account debtor may 15
discharge certain obligations through a settlement 16
agreement; amending s. 55.208, F.S.; revising 17
provisions concerning the priority of certain judgment 18
liens; providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Subsections (2) and (3) of section 55.202, 23
Florida Statutes, are amended to read: 24
55.202 Judgments, orders, and decrees; lien on personal 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
property.— 26
(2) A judgment lien may be acquired on a judgment debtor's 27
interest in all personal property in this state subject to 28
execution under s. 56.061 and in all, including payment 29
intangibles and accounts of a judgment debtor whose location is 30
in this state as established by s. 679.3071 , as those terms are 31
defined in s. 679.1021(1), and the proceeds thereof, but 32
excluding fixtures, money, negotiable instruments, and 33
mortgages. As used in this subsection, the terms "account," 34
"payment intangible," and "proceeds" have the same meanings as 35
in s. 679.1021(1). 36
(a) For payment intangibles and accounts and the proceeds 37
thereof: 38
1. The rights of a judgment lienholder under this section 39
are subject to the rights under chapter 679 of a secured party, 40
as defined in s. 679.1021(1), who has a prior filed fi nancing 41
statement encumbering such payment intangibles or accounts and 42
the proceeds thereof. 43
2. This section does not affect the obligation under s. 44
679.607(1) of an account debtor, as defined in s. 679.1021(1), 45
except as the rights and obligations under this paragraph are 46
otherwise adjudicated under applicable law in a legal proceeding 47
to which the secured party and account debtor are joined as 48
parties. 49
(b) A judgment lien is acquired by filing a judgment lien 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certificate in accordance with s. 55.203 w ith the Department of 51
State after the judgment has become final and if the time to 52
move for rehearing has lapsed, no motion for rehearing is 53
pending, and no stay of the judgment or its enforcement is then 54
in effect. A court may authorize, for cause shown, the filing of 55
a judgment lien certificate before a judgment has become final 56
when the court has authorized the issuance of a writ of 57
execution in the same matter. A judgment lien certificate not 58
filed in compliance with this subsection is permanently void and 59
of no effect but does not preclude the filing of a judgment lien 60
certificate that complies with this subsection . 61
(c) For any lien, warrant, assessment, or judgment 62
collected by the Department of Revenue, a judgment lien may be 63
acquired by filing the judgment lien certificate information or 64
warrant with the Department of State in accordance with 65
subsection (5). 66
(d) Except as provided in s. 55.208, the effective date of 67
a judgment lien is the date, including the time of day, of 68
filing. Although no lie n attaches to property, and a creditor 69
does not become a lien creditor as to liens under chapter 679, 70
until the debtor acquires an interest in the property, priority 71
among competing judgment liens is determined in order of filing 72
date and time. 73
(e) Except as provided in s. 55.204(3), a judgment 74
creditor may file only one effective judgment lien certificate 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
based upon a particular judgment. 76
(3) Except as otherwise provided in s. 55.208, the 77
priority of a judgment lien acquired in accordance with this 78
section or s. 55.204(3) is established at the date and time the 79
judgment lien certificate is filed. The priority of conflicting 80
rights between a judgment lienholder under this section and a 81
secured party, as defined in s. 679.1021(1)(ttt), must be 82
determined as provided under chapter 679. 83
Section 2. Subsection (1), paragraph (a) of subsection 84
(5), and subsection (7) of section 55.205, Florida Statutes, are 85
amended to read: 86
55.205 Effect of judgment lien. — 87
(1) A judgment creditor who has not acquired a judgment 88
lien as provided in s. 55.202 or whose lien has lapsed may 89
nevertheless proceed against the judgment debtor's property 90
through any appropriate judicial process , subject to the 91
priority of conflicting rights under chapter 679 of a secured 92
party, as defined in s. 679.1021(1)(ttt) . Such judgment creditor 93
proceeding by writ of execution acquires a lien as of the time 94
of levy and only on the property levied upon. 95
(5)(a) If the judgment debtor's personal property, to the 96
extent not exempt from executio n, includes a motor vehicle or a 97
vessel for which a Florida certificate of title has been issued, 98
a judgment lien acquired under this section on such property not 99
yet noted on the certificate of title is valid and enforceable 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
against the judgment debtor. H owever, enforceability under this 101
chapter of such judgment lien against creditors or subsequent 102
purchasers is determined as provided under s. 319.27(2) , or s. 103
328.14, or chapter 679, as applicable. 104
(7) Notwithstanding the attachment of a judgment lien 105
acquired under s. 55.202 to payment intangibles or accounts and 106
the proceeds thereof, the account debtor may, absent receipt of 107
notice under s. 679.607(1)(a) from a secured party, discharge 108
the account debtor's obligation to pay payment intangibles or 109
accounts or the proceeds thereof by paying the judgment debtor 110
until, but not after, the account debtor is served by process 111
with a complaint or petition by the judgment creditor seeking 112
judicial relief with respect to the payment intangibles or 113
accounts. Thereafter, the account debtor may discharge the 114
account debtor's obligation to pay payment intangibles or 115
accounts or the proceeds thereof under this section only in 116
accordance with a settlement agreement, final order, or judgment 117
issued in such judicial proces s that complies with this section. 118
Section 3. Subsection (1) of section 55.208, Florida 119
Statutes, is amended to read: 120
55.208 Effect of prior liens on payment intangibles and 121
accounts; effect of filed judgment lien on writs of execution 122
previously delivered to a sheriff. — 123
(1) A judgment lien under s. 55.202 existing before 124
October 1, 2023, becomes enforceable and perfected as of October 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1, 2023, as to payment intangibles and accounts and the proceeds 126
thereof of a judgment debtor under s. 55.202(2). A ny security 127
interest or lien on payment intangibles or accounts and the 128
proceeds thereof of a judgment debtor which is enforceable and 129
perfected before October 1, 2023, continues to have the same 130
rights and priority as existed before October 1, 2023, and m ay 131
not take priority over be primed as to payment intangibles or 132
accounts by a judgment lien certificate filed before October 1, 133
2023. 134
Section 4. This act shall take effect upon becoming a law. 135