CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Sublette offered the following:

12

13         Amendment (with title amendment) 

14         On page 5, between lines 21&22, of the bill

15

16  insert:

17         Section 4.  Subsection (4) is added to section 30.17,

18  Florida Statutes, to read:

19         30.17  Sheriff to keep an execution docket.--

20         (4)  On October 1, 2001, the sheriff shall cease

21  docketing newly delivered writs of executions. The sheriff

22  shall maintain the existing docket until October 1, 2003. Upon

23  the request of any person or entity who delivered a writ of

24  execution to the sheriff before October 1, 2001, the sheriff

25  shall provide written certification of the date on which the

26  writ was delivered. Except for any certification requested by

27  a state agency or a political subdivision of the state, the

28  sheriff shall charge a fixed, nonrefundable fee of $20 for

29  each certification. Fees collected under this section shall be

30  disbursed in accordance with s. 30.231(5). The sheriff's

31  duties under this section shall cease on October 1, 2003.

                                  1

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1         Section 5.  Paragraph (d) of subsection (1) of section

  2  30.231, Florida Statutes, is amended to read:

  3         30.231  Sheriffs' fees for service of summons,

  4  subpoenas, and executions.--

  5         (1)  The sheriffs of all counties of the state in civil

  6  cases shall charge fixed, nonrefundable fees for docketing and

  7  service of process, according to the following schedule:

  8         (d)  Executions:

  9         1.  Twenty dollars for docketing and indexing each writ

10  of execution, regardless of the number of persons involved.

11         2.  Fifty dollars for each levy.

12         a.  A levy is considered made when any property or any

13  portion of the property listed or unlisted in the instructions

14  for levy is seized, or upon demand of the sheriff the writ is

15  satisfied by the defendant in lieu of seizure. Seizure

16  requires that the sheriff take actual possession, if

17  practicable, or, alternatively, constructive possession of the

18  property by order of the court.

19         b.  When the instructions are for levy upon real

20  property, a levy fee is required for each parcel described in

21  the instructions.

22         c.  When the instructions are for levy based upon

23  personal property, one fee is allowed, unless although the

24  property is may be seized at different locations, conditional

25  upon all of the items being advertised collectively and the

26  sale being held at a single location. However, if the property

27  seized cannot be sold at one location during the same sale as

28  advertised, but requires separate sales at different

29  locations, the sheriff is then authorized to impose a levy fee

30  for the property and sale at each location.

31         3.  Twenty dollars for advertisement of sale under

                                  2

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  process.

  2         4.  Twenty dollars for each sale under process.

  3         5.  Twenty dollars for each deed, bill of sale, or

  4  satisfaction of judgment.

  5         Section 6.  Effective July 1, 2000, section 55.10,

  6  Florida Statutes, is amended to read:

  7         55.10  Judgments, orders, and decrees; lien of all,

  8  generally; extension of liens; transfer of liens to other

  9  security.--

10         (1)  A judgment, order, or decree becomes a lien on

11  real estate in any county when a certified copy of it is

12  recorded in the official records or judgment lien record of

13  the county, whichever is maintained at the time of

14  recordation, and it shall be a lien for a period of 7 years

15  from the date of the recording provided that the judgment,

16  order, or decree contains the address of the person who has a

17  lien as a result of such judgment, order, or decree or a

18  separate affidavit is recorded simultaneously with the

19  judgment, order, or decree stating the address of the person

20  who has a lien as a result of such judgment, order, or decree.

21  A judgment, order, or decree does not become a lien on real

22  estate unless the address of the person who has a lien as a

23  result of such judgment, order, or decree is contained in the

24  judgment, order, or decree or an affidavit with such address

25  is simultaneously recorded with the judgment, order, or

26  decree.

27         (2)  The lien provided for in subsection (1) may be

28  extended for an additional period of 10 7 years, subject to

29  the limitation in subsection (3), by rerecording a certified

30  copy of the judgment, order, or decree prior to the within the

31  90-day period preceding the expiration of the lien provided

                                  3

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  for in subsection (1) and by simultaneously recording an

  2  affidavit with the current address of the person who has a

  3  lien as a result of the judgment, order, or decree. The one

  4  additional period of 10 years shall be effective from the date

  5  the judgment, order, or decree is rerecorded. The lien will

  6  not be extended unless the affidavit with the current address

  7  is simultaneously recorded.

  8         (3)  In the event the lien is extended under subsection

  9  (2), the lien of the judgment, order, or decree may be further

10  extended by re-recording a certified copy of it within the

11  90-day period preceding the expiration of the lien provided

12  for in subsection (2) and by simultaneously recording an

13  affidavit with the current address of the person who has a

14  lien as a result of such judgment, order, or decree.  The lien

15  will not be extended unless the affidavit with the current

16  address is recorded.

17         (3)(4)  In no event shall the lien upon real property

18  created by this section subsections (1), (2), and (3) be

19  extended beyond the period provided for in s. 55.081.

20         (4)  Except as otherwise provided in this subsection,

21  this act shall apply to all judgments, orders, and decrees of

22  record which constitute a lien on real property immediately

23  prior to the effective date of this act. Any judgment, order,

24  or decree recorded prior to July 1, 1987, shall be unaffected

25  by the changes in this act and shall remain a lien on real

26  property until the period provided for in s. 55.081 expires or

27  until the lien is satisfied, whichever occurs first.

28         (5)  This section shall be deemed to operate

29  prospectively.

30         (5)(6)  Any lien claimed under this section subsections

31  (1), (2), and (3) may be transferred, by any person having an

                                  4

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  interest in the real property upon which the lien is imposed

  2  or the contract under which the lien is claimed, from such

  3  real property to other security by either depositing in the

  4  clerk's office a sum of money or filing in the clerk's office

  5  a bond executed as surety by a surety insurer licensed to do

  6  business in this state. Such deposit or bond shall be in an

  7  amount equal to the amount demanded in such claim of lien plus

  8  interest thereon at the legal rate for 3 years plus $500 to

  9  apply on any court costs which may be taxed in any proceeding

10  to enforce said lien. Such deposit or bond shall be

11  conditioned to pay any judgment, order, or decree which may be

12  rendered for the satisfaction of the lien for which such claim

13  of lien was recorded and costs plus $500 for court costs. Upon

14  such deposit being made or such bond being filed, the clerk

15  shall make and record a certificate showing the transfer of

16  the lien from the real property to the security and mail a

17  copy thereof by registered or certified mail to the lienor

18  named in the claim of lien so transferred, at the address

19  stated therein. Upon the filing of the certificate of

20  transfer, the real property shall thereupon be released from

21  the lien claimed, and such lien shall be transferred to said

22  security. The clerk shall be entitled to a fee of $10 for

23  making and serving the certificate. If the transaction

24  involves the transfer of multiple liens, an additional charge

25  of $5 for each additional lien shall be charged. Any number of

26  liens may be transferred to one such security.

27         (6)(7)  Any excess of the security over the aggregate

28  amount of any judgments, orders, or decrees rendered, plus

29  costs actually taxed, shall be repaid to the party filing the

30  security or his or her successor in interest. Any deposit of

31  money shall be considered as paid into court and shall be

                                  5

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  subject to the provisions of law relative to payments of money

  2  into court and the disposition of these payments.

  3         (7)(8)  Any party having an interest in such security

  4  or the property from which the lien was transferred may at any

  5  time, and any number of times, file a complaint in chancery in

  6  the circuit court of the county where such security is

  7  deposited for an order:

  8         (a)  To require additional security;

  9         (b)  To require reduction of security;

10         (c)  To require change or substitution of sureties;

11         (d)  To require payment or discharge thereof; or

12         (e)  Relating to any other matter affecting said

13  security.

14         Section 7.  Effective October 1, 2001, section 55.201,

15  Florida Statutes, is created to read:

16         55.201  Central database of judgment liens on personal

17  property.--The Department of State shall maintain a database

18  of judgment lien records established in accordance with ss.

19  55.201-55.209.

20         Section 8.  Effective October 1, 2001, section 55.202,

21  Florida Statutes, is created to read:

22         55.202  Judgments, orders, and decrees; lien on

23  personal property.--

24         (1)  A judgment lien securing the unpaid amount of any

25  money judgment may be acquired by the holder of a judgment

26  entered by:

27         (a)  A court of this state;

28         (b)  A court of the United States having jurisdiction

29  in this state;

30         (c)  A court of the United States or any other state to

31  the extent enforceable under the Florida Enforcement of

                                  6

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  Foreign Judgments Act, ss. 55.501-55.509;

  2         (d)  A foreign state as defined in the Uniform

  3  Out-of-Country Foreign Money-Judgment Recognition Act, ss.

  4  55.601-55.607, from the time and to the extent enforceable

  5  thereunder;

  6         (e)  An issuing tribunal with respect to a support

  7  order being enforced in this state pursuant to chapter 88; or

  8         (f)  Operation of law pursuant to s. 61.14(6).

  9         (2)  A judgment lien may be acquired on the judgment

10  debtor's interest in all personal property subject to

11  execution in this state, other than fixtures, money,

12  negotiable instruments, and mortgages.

13         (a)  A judgment lien is acquired by recording a

14  judgment lien certificate in accordance with s. 55.203 with

15  the Department of State after the judgment has become final

16  and if no stay of the judgment or its enforcement is in effect

17  at the time the certificate is filed.

18         (b)  For any tax lien or assessment granted by law to

19  the state or any of the political subdivisions for any tax

20  enumerated in s. 72.011, a judgment lien may be acquired by

21  recording the lien or warrant with the Department of State.

22         (c)  A judgment lien is effective as of the date of

23  recording, but no lien attaches to property until the debtor

24  acquires an interest in the property.

25         (d)  Except as provided in s. 55.204(3), a judgment

26  creditor may record only one effective judgment lien

27  certificate based upon a particular judgment.

28         (3)  Except as otherwise provided in s. 55.208, the

29  priority of a judgment lien acquired in accordance with this

30  section or s. 55.204(3) is established at the time the

31  judgment lien is recorded. Such judgment lien is deemed

                                  7

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  recorded as of its effective date as provided in this section

  2  or s. 55.204(3).

  3         (4)  As used in ss. 55.201-55.209, the terms "holder of

  4  a judgment" and "judgment creditor" include the Department of

  5  Revenue with respect to a judgment being enforced by the

  6  Department of Revenue as the state IV-D agency.

  7         (5)  Liens, assessments, or judgments administered by

  8  or secured on behalf of any state agency or political

  9  subdivision of the state may be filed directly into the

10  central database by such agency or subdivision through

11  electronic or information data exchange programs approved by

12  the Department of State.

13         Section 9.  Effective October 1, 2001, section 55.203,

14  Florida Statutes, is created to read:

15         55.203  Judgment lien certificate; content, recording,

16  and indexing.--

17         (1)  An original judgment lien certificate, as provided

18  in s. 55.202, must include:

19         (a)  The legal name of each judgment debtor and, if a

20  recorded legal entity, the registered name and document filing

21  number as shown in the records of the Department of State.

22         (b)  The last known address and social security number,

23  federal identification number, or, in the instance in which

24  the judgment creditor is a state agency or a political

25  subdivision of the state, a taxpayer or other distinct

26  identification number of each judgment debtor, except that in

27  cases of default judgment, the social security number must be

28  included only if known, or federal employer identification

29  number of each judgment debtor.

30         (c)  The legal name of the judgment creditor and, if a

31  recorded legal entity, the registered name and document filing

                                  8

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  number as shown in the records of the Department of State, and

  2  the name of the judgment creditor's attorney or duly

  3  authorized representative, if any.

  4         (d)  The address and social security number or federal

  5  employer identification number of the judgment creditor.

  6         (e)  The identity of the court which entered the

  7  judgment and the case number and the date the written judgment

  8  was entered.

  9         (f)  The amount due on the money judgment and the

10  applicable interest rate.

11         (g)  The signature of the judgment creditor or the

12  judgment creditor's attorney or duly authorized

13  representative.

14         (h)  With respect to a lien created by a delivery of a

15  writ of execution to a sheriff prior to October 1, 2001, an

16  affidavit by the judgment creditor which attests that the

17  person or entity possesses any documentary evidence of the

18  date of delivery of the writ, and a statement of that date or

19  a certification by the sheriff of the date as provided in s.

20  30.17(4).

21         (2)  A second judgment lien certificate, as provided in

22  s. 55.204(3), must include the information required in

23  subsection (1) and must state the file number assigned to the

24  record of the original judgment lien certificate, the money

25  amount remaining unpaid, and the interest accrued thereon.

26         (3)  An amendment, as provided in s. 55.206, or a

27  correction statement, as provided in s. 55.207, must state the

28  file number of the judgment lien record to which the amendment

29  or correction statement relates and must state the action,

30  change, or statement to be added.

31         (4)  The Department of State shall examine, for

                                  9

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  compliance with ss. 55.201-55.209, each document submitted for

  2  recording and shall accept or reject the document accordingly.

  3  For each judgment lien certificate recorded, the department

  4  shall:

  5         (a)  Create a record.

  6         (b)  Assign a unique file number to the record.

  7         (c)  Include the date of filing of the judgment lien

  8  certificate.

  9         (d)  Maintain the record in a database accessible to

10  the public via the Internet.

11         (e)  Index the judgment lien certificate according to

12  the name of each judgment debtor.

13         (f)  Index all subsequently filed documents relating to

14  an original judgment lien certificate in a manner that

15  associates them to the original judgment lien certificate.

16         (5)  The validity of a judgment lien certificate

17  recorded under this section may not be defeated by technical

18  or clerical errors made in good faith which are not seriously

19  misleading, nor may any claim of estoppel be based on such

20  errors.

21         (6)  The Department of State shall prescribe mandatory

22  forms of all documents to be filed under this section.

23         Section 10.  Effective October 1, 2001, section 55.204,

24  Florida Statutes, is created to read:

25         55.204  Duration and continuation of judgment lien;

26  destruction of records.--

27         (1)  Except as provided in this section, a judgment

28  lien acquired under s. 55.202 lapses and becomes invalid 5

29  years after the date of recording the judgment lien

30  certificate.

31         (2)  Liens securing the payment of child support or tax

                                  10

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  obligations as set forth in s. 95.091(1)(b) shall not lapse

  2  until 20 years after the date of the original filing of the

  3  warrant or other document required by law to establish a lien.

  4  No second lien based on the original filing may be obtained.

  5         (3)  At any time within 6 months before the scheduled

  6  lapse of a judgment lien under subsection (1), the judgment

  7  creditor may acquire a second judgment lien by recording a new

  8  judgment lien certificate. The second judgment lien becomes

  9  effective on the date of lapse of the original judgment lien

10  or on the date on which the judgment lien certificate is

11  recorded, whichever is later. The second judgment lien is

12  deemed recorded on its effective date. The second judgment

13  lien is deemed a new judgment lien and not a continuation of

14  the original judgment lien. The second judgment lien

15  permanently lapses and becomes invalid 5 years after its

16  effective date, and no additional liens based on the original

17  judgment may be obtained.

18         (4)  A judgment lien continues only as to itemized

19  property for an additional 90 days after lapse of the lien.

20  Such judgment lien will continue only if:

21         (a)  The property had been itemized and its location

22  described with sufficient particularity in the instructions

23  for levy;

24         (b)  The levy had been delivered to the sheriff prior

25  to the date of lapse of the lien to permit the sheriff to act;

26  and

27         (c)  The property was located in the county in which

28  the sheriff has jurisdiction at the time of delivery of the

29  instruction for levy. Subsequent removal of the property does

30  not defeat the lien. A court may order continuation of the

31  lien beyond the 90-day period on a showing that extraordinary

                                  11

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  circumstances have prevented levy.

  2         (5)  The date of lapse of a judgment lien whose

  3  enforceability has been temporarily stayed or enjoined as a

  4  result of any legal or equitable proceeding is tolled until 30

  5  days after the stay or injunction is terminated.

  6         (6)  The Department of State shall maintain each

  7  judgment lien record and all information contained therein for

  8  a minimum of 1 year after the judgment lien lapses in

  9  accordance with this section.

10         Section 11.  Effective October 1, 2001, section 55.205,

11  Florida Statutes, is created to read:

12         55.205  Effect of judgment lien.--

13         (1)  A valid judgment lien gives the judgment creditor

14  the right to take possession of the property subject to levy

15  through writ of execution, garnishment, or other judicial

16  process. A judgment creditor who has not recorded a judgment

17  lien certificate in accordance with s. 55.203 or whose lien

18  has lapsed may nevertheless take possession of the judgment

19  debtor's property through such other judicial process. A

20  judgment creditor proceeding by writ of execution obtains a

21  lien as of the time of levy and only on the property levied

22  upon. Except as provided in s. 55.208, such judgment creditor

23  takes subject to the claims and interest of priority judgment

24  creditors.

25         (2)  A buyer in the ordinary course of business as

26  defined in s. 671.201(9) takes free of a judgment lien created

27  under this section even though the buyer knows of its

28  existence. A valid security interest as defined in chapter 679

29  in after-acquired property of the judgment debtor which is

30  perfected prior to the effective date of a judgment lien takes

31  priority over the judgment lien on the after-acquired

                                  12

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  property.

  2         Section 12.  Effective October 1, 2001, section 55.206,

  3  Florida Statutes, is created to read:

  4         55.206  Amendment of judgment lien record; termination,

  5  partial release, assignment, continuation, tolling,

  6  correction.--

  7         (1)  An amendment to a judgment lien acquired under s.

  8  55.202 may be recorded by the judgment creditor of record,

  9  which may provide for:

10         (a)  The termination, partial release, or assignment of

11  the judgment creditor's interest in a judgment lien;

12         (b)  The continuation and termination of the

13  continuation of a judgment lien, as provided in s. 55.204(4);

14         (c)  The tolling and termination of the tolling of a

15  lapse of a judgment lien, as provided in s. 55.204(5); or

16         (d)  The correction or change of any other information

17  provided in the record of a judgment lien.

18         (2)  Within 30 days following receipt of a written

19  demand by a judgment debtor after the obligation underlying a

20  judgment lien has been fully or partially released, the

21  judgment lienholder must deliver to the judgment debtor a

22  written statement indicating that there is no longer a claim

23  for a lien on the personal property of the judgment debtor or

24  that the judgment lien has been partially released and setting

25  forth the value of the lien remaining unpaid as of the date of

26  the statement. A statement signed by an assignee must include

27  or be accompanied by a separate written acknowledgement of

28  assignment signed by the judgment creditor of record. If the

29  judgment lienholder fails to deliver such a statement within

30  30 days after proper written demand therefor, the judgment

31  lienholder is liable to the judgment debtor for $100, and for

                                  13

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  any actual or consequential damages, including reasonable

  2  attorney's fees, caused by such failure to the judgment

  3  debtor.

  4         (3)  The judgment debtor, the judgment creditor, or

  5  assignee may file such statement with the Department of State.

  6         Section 13.  Effective October 1, 2001, section 55.207,

  7  Florida Statutes, is created to read:

  8         55.207  Correction of judgment lien record.--

  9         (1)  A person may file with the Department of State a

10  correction statement with respect to a judgment lien record,

11  as provided in s. 55.203, indexed under the person's name, if

12  the person believes that the record is inaccurate or that the

13  judgment lien certificate was wrongfully filed.

14         (2)  A correction statement must:

15         (a)  State the judgment debtor named and the file

16  number assigned to the judgment lien record to which the

17  correction statement relates;

18         (b)  Indicate that it is a correction statement;

19         (c)  Provide the basis for the person's belief that the

20  judgment lien certificate was wrongfully filed or the record

21  is inaccurate; and

22         (d)  Indicate the manner in which the person believes

23  the record should be corrected to cure any inaccuracy.

24         (3)  The department shall ensure that a correction

25  statement is indexed and available in the same manner as any

26  recorded lien certificate in the central database of judgment

27  lien records.

28         (4)  The filing of a correction statement does not

29  affect the effectiveness of the judgment lien or other filed

30  record.

31         Section 14.  Effective October 1, 2001, section 55.208,

                                  14

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  Florida Statutes, is created to read:

  2         55.208  Effect of recorded judgment lien on writs of

  3  execution previously delivered to a sheriff.--

  4         (1)  Any lien created by a writ of execution which has

  5  been delivered to the sheriff of any county before October 1,

  6  2001, remains in effect for 2 years thereafter as to any

  7  property of the judgment debtor located in that county before

  8  October 1, 2001, and remaining within that county after that

  9  date. As to any property of the judgment debtor brought into

10  the county on or after October 1, 2001, such writs create no

11  lien, inchoate or otherwise.

12         (2)  If a judgment creditor who has delivered a writ of

13  execution to a sheriff in any county prior to October 1, 2001,

14  properly files a judgment lien certificate with the Department

15  of State by October 1, 2003, the resulting judgment lien is

16  deemed recorded on the date the writ was delivered to the

17  sheriff as to all leviable property of the judgment debtor

18  which is located in that county on October 1, 2001, and that

19  remains continuously in that county thereafter. As to all

20  other property of the judgment debtor, the effective date of

21  the judgment lien is as provided in s. 55.202. The duration of

22  all judgment liens is as provided in s. 55.204, regardless of

23  the date on which a lien is determined to have been recorded.

24         (3)  If a judgment creditor who has delivered a writ of

25  execution to a sheriff in any county before October 1, 2001,

26  does not properly record a judgment lien certificate with the

27  Department of State by October 1, 2003, such writ is

28  considered to have been abandoned and to be of no effect after

29  October 1, 2003.

30         Section 15.  Effective October 1, 2001, section 55.209,

31  Florida Statutes, is created to read:

                                  15

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1         55.209  Department of State; processing fees,

  2  responsibilities.--

  3         (1)  Except for liens, assessments, or judgments filed

  4  electronically by a state agency or a political subdivision of

  5  the state, as provided in s. 55.202(6), the Department of

  6  State shall collect the following nonrefundable processing

  7  fees for all documents filed or recorded in accordance with

  8  ss. 55.201-55.209:

  9         (a)  For any judgment lien certificate or other

10  documents permitted to be filed, $20.

11         (b)  For the certification of any recorded document,

12  $10.

13         (c)  For copies of judgment lien documents which are

14  produced by the Department of State, $1 per page or part

15  thereof. However, no charge may be collected for copies

16  provided in an online electronic format via the Internet.

17         (d)  For indexing a judgment lien by multiple judgment

18  debtor names, $5 per additional name.

19         (e)  For each additional facing page attached to a

20  judgment lien certificate or document permitted to be filed or

21  recorded, $5.

22         (2)  Unless otherwise provided by law, the Department

23  of State may not conduct any search of the database

24  established under s. 55.201 to determine the existence of any

25  judgment lien record or to perform any service other than in

26  connection with those services for which payment of services

27  are required under this section. The information maintained in

28  the database is for public notice purposes only and the

29  department may make no certification or determination of the

30  validity of any judgment lien acquired under ss. 55.202 and

31  55.204(3).

                                  16

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1         Section 16.  Effective October 1, 2001, subsection (1)

  2  of section 55.604, Florida Statutes, is amended, and

  3  subsection (8) is added to that section, to read:

  4         55.604  Recognition and enforcement.--Except as

  5  provided in s. 55.605, a foreign judgment meeting the

  6  requirements of s. 55.603 is conclusive between the parties to

  7  the extent that it grants or denies recovery of a sum of

  8  money. Procedures for recognition and enforceability of a

  9  foreign judgment shall be as follows:

10         (1)  The foreign judgment shall be filed with the

11  Department of State and the clerk of the court and recorded in

12  the public records in the county or counties where enforcement

13  is sought. The filing with the Department of State shall not

14  create a lien on any property.

15         (a)  At the time of the recording of a foreign

16  judgment, the judgment creditor shall make and record with the

17  clerk of the circuit court an affidavit setting forth the

18  name, social security number, if known, and last known

19  post-office address of the judgment debtor and of the judgment

20  creditor.

21         (b)  Promptly upon the recording of the foreign

22  judgment and the affidavit, the clerk shall mail notice of the

23  recording of the foreign judgment, by registered mail with

24  return receipt requested, to the judgment debtor at the

25  address given in the affidavit and shall make a note of the

26  mailing in the docket. The notice shall include the name and

27  address of the judgment creditor and of the judgment

28  creditor's attorney, if any, in this state. In addition, the

29  judgment creditor may mail a notice of the recording of the

30  judgment to the judgment debtor and may record proof of

31  mailing with the clerk. The failure of the clerk to mail

                                  17

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  notice of recording will not affect the enforcement

  2  proceedings if proof of mailing by the judgment creditor has

  3  been recorded.

  4         (8)  A judgement lien on personal property is acquired

  5  only when a judgment lien certificate satisfying the

  6  requirements of s. 55.203 has been recorded with the

  7  Department of State.

  8         Section 17.  Effective October 1, 2001, section 56.21,

  9  Florida Statutes, is amended to read:

10         56.21  Execution sales; notice.--Notice of all sales

11  under execution shall be given by advertisement once each week

12  for 4 successive weeks in a newspaper published in the county

13  in which the sale is to take place. The time of such notice

14  may be shortened in the discretion of the court from which the

15  execution issued, upon affidavit that the property to be sold

16  is subject to decay and will not sell for its full value if

17  held until date of sale. On or before the date of the first

18  publication or posting of the notice of sale, a copy of the

19  notice of sale shall be furnished by certified mail to the

20  attorney of record of the judgment debtor, or to the judgment

21  debtor at the judgment debtor's last known address if the

22  judgment debtor does not have an attorney of record. Such copy

23  of the notice of sale shall be mailed even though a default

24  judgment was entered. When levying upon personal property, a

25  notice of such levy and execution sale and a copy of the

26  affidavit required by s. 56.27(4) shall be made by the levying

27  creditor to the attorney of record of the judgment creditor or

28  the judgment creditor who has recorded a judgment lien

29  certificate as provided in s. 55.202 or s. 55.204(3) at the

30  address listed in the judgment lien certificate, or, if

31  amended, in any amendment to the judgment lien certificate,

                                  18

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  and to all secured creditors who have filed financing

  2  statements as provided in s. 679.401 in the name of the

  3  judgment debtor reflecting a security interest in property of

  4  the kind to be sold at the execution sale at the address

  5  listed in the financing statement, or, if amended, in any

  6  amendment to the financing statement. Such notice shall be

  7  made in the same manner as notice is made to any judgment

  8  debtor under this section. When levying upon real property,

  9  notice of such levy and execution sale shall be made to the

10  property owner of record in the same manner as notice is made

11  to any judgment debtor pursuant to this section. When selling

12  real or personal property, the sale date shall not be earlier

13  than 30 days after the date of the first advertisement.

14         Section 18.  Effective October 1, 2001, section 56.27,

15  Florida Statutes, is amended to read:

16         56.27  Executions; payment to execution creditor of

17  money collected.--

18         (1)  All money received under executions shall be paid,

19  in the order prescribed, to the following: the sheriff, for

20  costs; the levying creditor in the amount of $500 as

21  liquidated expenses; and the judgment lienholder having the

22  earliest recorded judgment lien acquired under ss. 55.202 and

23  55.204(3), as set forth in an affidavit required by subsection

24  (4), or his or her attorney, in satisfaction of the judgment

25  lien, provided that the judgment lien has not lapsed at the

26  time of the levy party in whose favor the execution was issued

27  or his or her attorney. The receipt of the attorney shall be a

28  release of the officer paying the money to him or her. When

29  the name of more than one attorney appears in the court file,

30  the money shall be paid to the attorney who originally

31  commenced the action or who made the original defense unless

                                  19

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  the file shows that another attorney has been substituted.

  2         (2)  When property sold under execution brings more

  3  than the amount needed to satisfy the provisions of subsection

  4  (1), the surplus shall be paid in the order of priority to any

  5  judgment lienholders whose judgment liens have not lapsed.

  6  Priority shall be based on the effective date of the judgment

  7  lien acquired under s. 55.202 or s. 55.204(3), as set forth in

  8  an affidavit required under subsection (4). If there is a

  9  surplus after all valid judgment liens and execution liens

10  have been satisfied of the execution, the surplus must be paid

11  to the defendant or, if there is another writ against the

12  defendant docketed and indexed with the sheriff, the surplus

13  must be paid to the junior writ.

14         (3)  The value of the property levied upon shall not be

15  considered excessive unless the value unreasonably exceeds the

16  total debt reflected in all unsatisfied judgment liens that

17  have not lapsed and any unsatisfied lien of the levying

18  creditor.

19         (4)  On or before the date of the first publication or

20  posting of the notice of sale provided for under s. 56.21, the

21  levying creditor shall file an affidavit setting forth the

22  following as to the judgment debtor:

23         (a)  An attestation that the levying creditor has

24  reviewed the database or judgment lien records established in

25  accordance with ss. 55.201-55.209 and that the information

26  contained in the affidavit based on that review is true and

27  correct;

28         (b)  The information required under s. 55.203(1) and

29  (2) for each judgment lien certificate indexed under the name

30  of the judgment debtor as to each judgment creditor; the file

31  number assigned to the record of the original and, if any, the

                                  20

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  second judgment lien; and the date of filing for each judgment

  2  lien certificate under s. 55.202 or s. 55.204(3); and

  3         (c)  A statement that the levying creditor either does

  4  not have any other levy in process or, if another levy is in

  5  process, the levying creditor believes in good faith that the

  6  total value of the property under execution does not exceed

  7  the amount of outstanding judgments.

  8         (5)  A sheriff paying money received under an execution

  9  in accordance with the information contained in the affidavit

10  under subsection (4) is not liable to anyone for damages

11  arising from a wrongful levy.

12         Section 19.  Subsection (1) of section 56.29, Florida

13  Statutes, is amended to read:

14         56.29  Proceedings supplementary.--

15         (1)  When any person or entity sheriff holds an

16  unsatisfied execution and has delivered a writ of execution to

17  any sheriff, the plaintiff in execution may file an affidavit

18  so stating and that the execution is valid and outstanding and

19  thereupon is entitled to these proceedings supplementary to

20  execution.

21         Section 20.  Section 77.01, Florida Statutes, is

22  amended to read:

23         77.01  Right to garnishment.--Every person or entity

24  who has sued to recover a debt or has recovered judgment in

25  any court against any person or entity, natural or corporate,

26  has a right to a writ of garnishment, in the manner

27  hereinafter provided, to subject any debt due or any debt

28  under a negotiable instrument that will become due to

29  defendant by a third person, and any tangible or intangible

30  personal property of defendant in the possession or control of

31  a third person.  The officers, agents, and employees of any

                                  21

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  companies or corporations are third persons in regard to the

  2  companies or corporations, and as such are subject to

  3  garnishment after judgment against the companies or

  4  corporations.

  5         Section 21.  Section 77.041, Florida Statutes, is

  6  created to read:

  7         77.041  Notice to defendant for claim of exemption from

  8  garnishment; procedure for hearing.--

  9         (1)  Upon application for a writ of garnishment by a

10  plaintiff, the clerk of the court shall attach to the writ the

11  following "Notice to Defendant":

12

13         NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT

14               OF WAGES, MONEY, AND OTHER PROPERTY

15         The Writ of Garnishment delivered to you with this

16  Notice means that wages, money, and other property belonging

17  to you have been garnished to pay a court judgment against

18  you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES,

19  MONEY, OR PROPERTY. READ THIS NOTICE CAREFULLY.

20         State and federal laws provide that certain wages,

21  money, and property, even if deposited in a bank, savings and

22  loan, or credit union, may not be taken to pay certain types

23  of court judgments. Such wages, money, and property are exempt

24  from garnishment. The major exemptions are listed below on the

25  form for Claim of Exemption and Request for Hearing. This list

26  does not include all possible exemptions. You should consult a

27  lawyer for specific advice.

28         TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY

29         FROM BEING GARNISHED, OR TO GET BACK ANYTHING

30         ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR

31         CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS

                                  22

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1         SET FORTH BELOW AND HAVE THE FORM NOTARIZED.

  2         YOU MUST FILE THE FORM WITH THE CLERK'S OFFICE

  3         WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS

  4         NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU

  5         MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM

  6         TO THE PLAINTIFF AND THE GARNISHEE AT THE

  7         ADDRESSES LISTED ON THE WRIT OF GARNISHMENT.

  8         If you request a hearing, it will be held as soon as

  9  possible after your request is received by the court. The

10  plaintiff must file any objection within 2 business days if

11  you hand delivered to the plaintiff a copy of the form for

12  Claim of Exemption and Request for Hearing or, alternatively,

13  7 days if you mailed a copy of the form for claim and request

14  to the plaintiff. If the plaintiff files an objection to your

15  Claim of Exemption and Request for Hearing, the clerk will

16  notify you and the other parties of the time and date of the

17  hearing. You may attend the hearing with or without an

18  attorney. If the plaintiff fails to file an objection, no

19  hearing is required, the writ of garnishment will be dissolved

20  and your wages, money, or property will be released.

21         YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION

22         IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR

23         PROPERTY FROM BEING APPLIED TO THE COURT

24         JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL

25         ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD

26         SEE A LAWYER. IF YOU CAN'T AFFORD A PRIVATE

27         LAWYER, LEGAL SERVICES MAY BE AVAILABLE.

28         CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE

29         CLERK'S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM

30         IN YOUR AREA.

31         CLAIM OF EXEMPTION AND REQUEST FOR HEARING

                                  23

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  I claim exemptions from garnishment under the following

  2  categories as checked:

  3  ____     1.  Head of family wages. (You must check a

  4           or b below.)

  5  ____     a.  I provide more than one-half of the

  6           support for a child or other dependent and

  7           have net earnings of $500 or less per week.

  8  ____     b.  I provide more than one-half of the

  9           support for a child or other dependent, have

10           net earnings of more than $500 per week, but

11           have not agreed in writing to have my wages

12           garnished.

13  ____     2.  Social Security benefits.

14  ____     3.  Supplemental Security Income benefits.

15  ____     4.  Public assistance (welfare).

16  ____     5.  Workers' Compensation.

17  ____     6.  Unemployment Compensation.

18  ____     7.  Veterans' benefits.

19  ____     8.  Retirement or profit-sharing benefits or

20           pension money.

21  ____     9.  Life insurance benefits or cash surrender

22           value of a life insurance policy or proceeds

23           of annuity contract.

24  ____     10.  Disability income benefits.

25  ____     11.  Prepaid College Trust Fund or Medical

26           Savings Account.

27  ____     12.  Other exemptions as provided by law.

28           _____________________________(explain)

29

30  I request a hearing to decide the validity of my claim. Notice

31  of the hearing should be given to me at:

                                  24

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1

  2  Address:____________________________________________________

  3

  4  Telephone number:_______________

  5

  6  The statements made in this request are true to the best of my

  7  knowledge and belief.

  8

  9  ____________________________

10

11  Defendant's signature

12

13  Date_________________

14

15  STATE OF FLORIDA

16

17  COUNTY OF

18

19  Sworn and subscribed to before me this ........ day of

20  ........(month and year), by (name of person making

21  statement)....................

22

23  Notary Public/Deputy Clerk

24

25  Personally Known ........OR Produced Identification....

26

27  Type of Identification Produced....................

28         (2)  The plaintiff must mail, by first class, a copy of

29  the writ of garnishment, a copy of the motion for writ of

30  garnishment, and the "Notice to Defendant" to the defendant's

31  last known address within 5 business days after the writ is

                                  25

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  issued or 3 business days after the writ is served on the

  2  garnishee, whichever is later. However, if such documents are

  3  returned as undeliverable by the post office, or if the last

  4  known address is not discoverable after diligent search, the

  5  plaintiff must mail, by first class, the documents to the

  6  defendant at the defendant's place of employment. The

  7  plaintiff shall file in the proceeding a certificate of such

  8  service.

  9         (3)  Upon the filing by a defendant of a claim of

10  exemption and request for hearing, a hearing will be held as

11  soon as is practicable to determine the validity of the

12  claimed exemptions. If the plaintiff does not file a sworn

13  written statement that contests the defendant's claim of

14  exemption within 2 business days after hand delivering the

15  claim and request or, alternatively, 7 business days, if the

16  claim and request were served by mail, no hearing is required

17  and the clerk must automatically dissolve the writ and notify

18  the parties of the dissolution by mail.

19         Section 22.  Section 77.055, Florida Statutes, is

20  amended to read:

21         77.055  Service of garnishee's answer and notice of

22  right to dissolve writ Notice to defendant and other

23  interested persons.--Within 5 days after service of the

24  garnishee's answer on the plaintiff or after the time period

25  for the garnishee's answer has expired, the plaintiff shall

26  serve, by mail, the following documents:  a copy of the writ,

27  a copy of the garnishee's answer, and a notice advising, and a

28  certificate of service.  The notice shall advise the recipient

29  that he or she must move to dissolve the writ of garnishment

30  within 20 days after the date indicated on the certificate of

31  service in the notice if any allegation in the plaintiff's

                                  26

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  motion for writ of garnishment is untrue within the time

  2  period set forth in s. 77.07(2) or be defaulted and that he or

  3  she may have exemptions from the garnishment which must be

  4  asserted as a defense.  The plaintiff shall serve these

  5  documents on the defendant at the defendant's last known

  6  address and any other address disclosed by the garnishee's

  7  answer and on any other person disclosed in the garnishee's

  8  answer to have any ownership interest in the deposit, account,

  9  or property controlled by the garnishee. The plaintiff shall

10  file in the proceeding a certificate of such service.

11         Section 23.  Subsection (1) of section 77.06, Florida

12  Statutes, is amended to read:

13         77.06  Writ; effect.--

14         (1)  Service of the writ shall make garnishee liable

15  for all debts due by him or her to defendant and for any

16  tangible or intangible personal property of defendant in the

17  garnishee's possession or control at the time of the service

18  of the writ or at any time between the service and the time of

19  the garnishee's answer. Service of the writ creates a lien in

20  or upon any such debts or property at the time of service or

21  at the time such debts or property come into the garnishee's

22  possession or control.

23         Section 24.  Effective July 1, 2000, section 222.01,

24  Florida Statutes, is amended to read:

25         222.01  Designation of homestead by owner before

26  levy.--

27         (1)  Whenever any natural person residing in this state

28  desires to avail himself or herself of the benefit of the

29  provisions of the constitution and laws exempting property as

30  a homestead from forced sale under any process of law, he or

31  she may make a statement, in writing, containing a description

                                  27

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  of the real property, mobile home, or modular home claimed to

  2  be exempt and declaring that the real property, mobile home,

  3  or modular home is the homestead of the party in whose behalf

  4  such claim is being made.  Such statement shall be signed by

  5  the person making it and shall be recorded in the circuit

  6  court.

  7         (2)  When a certified copy of a judgment has been filed

  8  in the public records of a county pursuant to s. 55.10, a

  9  person who is entitled to the benefit of the provisions of the

10  State Constitution exempting real property as homestead and

11  who has a contract to sell or a commitment from a lender for a

12  mortgage on the homestead may file a notice of homestead in

13  the public records of the county in which the homestead

14  property is located in substantially the following form:

15

16                       NOTICE OF HOMESTEAD

17

18         To:...(Name and address of judgment creditor as

19         shown on recorded judgment and name and address

20         of any other person shown in the recorded

21         judgment to receive a copy of the Notice of

22         Homestead)....

23

24         You are notified that the undersigned claims as

25         homestead exempt from levy and execution under

26         Section 4, Article X of the State Constitution,

27         the following described property:

28

29                ...(Legal description)...

30

31         The undersigned certifies, under oath, that he

                                  28

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1         or she has applied for and received the

  2         homestead tax exemption as to the

  3         above-described property, that .... is the tax

  4         identification parcel number of this property,

  5         and that the undersigned has resided on this

  6         property continuously and uninterruptedly from

  7         ...(date)... to the date of this Notice of

  8         Homestead. Further, the undersigned will either

  9         convey or mortgage the above-described property

10         pursuant to the following:

11

12         ...(Describe the contract of sale or loan

13         commitment by date, names of parties, date of

14         anticipated closing, and amount. The name,

15         address, and telephone number of the person

16         conducting the anticipated closing must be set

17         forth.)...

18

19         The undersigned also certifies, under oath,

20         that the judgment lien filed by you on

21         ...(date)... and recorded in Official Records

22         Book ...., Page ...., of the Public Records of

23         ........ County, Florida, does not constitute a

24         valid lien on the described property.

25

26         YOU ARE FURTHER NOTIFIED, PURSUANT TO SECTION

27         222.01 ET SEQ., FLORIDA STATUTES, THAT WITHIN

28         45 DAYS AFTER THE MAILING OF THIS NOTICE YOU

29         MUST FILE AN ACTION IN THE CIRCUIT COURT OF

30         ........ COUNTY, FLORIDA, FOR A DECLARATORY

31         JUDGMENT TO DETERMINE THE CONSTITUTIONAL

                                  29

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1         HOMESTEAD STATUS OF THE SUBJECT PROPERTY OR TO

  2         FORECLOSE YOUR JUDGMENT LIEN ON THE PROPERTY

  3         AND RECORD A LIS PENDENS IN THE PUBLIC RECORDS

  4         OF THE COUNTY WHERE THE HOMESTEAD IS LOCATED.

  5         YOUR FAILURE TO SO ACT WILL RESULT IN ANY BUYER

  6         OR LENDER, OR HIS OR HER SUCCESSORS AND

  7         ASSIGNS, UNDER THE ABOVE-DESCRIBED CONTRACT OF

  8         SALE OR LOAN COMMITMENT TO TAKE FREE AND CLEAR

  9         OF ANY JUDGMENT LIEN YOU MAY HAVE ON THE

10         PROPERTY.

11

12         This .... day of ............, 2.....

13

14                                ........................

15                              ...(Signature of Owner)...

16

17                                ........................

18                           ...(Printed Name of Owner)...

19

20                                ........................

21                                 ...(Owner's Address)...

22

23         Sworn to and subscribed before me by

24         ........................ who is personally

25         known to me or produced

26         ........................ as identification,

27         this .... day of ............, 2.....

28

29                                ........................

30                                           Notary Public

31

                                  30

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1         (3)  The clerk shall mail a copy of the notice of

  2  homestead to the judgment lienor, by certified mail, return

  3  receipt requested, at the address shown in the most recent

  4  recorded judgment or accompanying affidavit, and to any other

  5  person designated in the most recent recorded judgment or

  6  accompanying affidavit to receive the notice of homestead, and

  7  shall certify to such service on the face of such notice and

  8  record the notice. Notwithstanding the use of certified mail,

  9  return receipt requested, service shall be deemed complete

10  upon mailing.

11         (4)  A lien pursuant to s. 55.10 of any lienor upon

12  whom such notice is served, who fails to institute an action

13  for a declaratory judgment to determine the constitutional

14  homestead status of the property described in the notice of

15  homestead or to file an action to foreclose the judgment lien,

16  together with the filing of a lis pendens in the public

17  records of the county in which the homestead is located,

18  within 45 days after service of such notice shall be deemed as

19  not attaching to the property by virtue of its status as

20  homestead property as to the interest of any buyer or lender,

21  or his or her successors or assigns, who takes under the

22  contract of sale or loan commitment described above within 180

23  days after the filing in the public records of the notice of

24  homestead. This subsection shall not act to prohibit a lien

25  from attaching to the real property described in the notice of

26  homestead at such time as the property loses its homestead

27  status.

28         (5)  As provided in s. 4, Art. X of the State

29  Constitution, this subsection shall not apply to:

30         (a)  Liens and judgments for the payment of taxes and

31  assessments on real property.

                                  31

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1         (b)  Liens and judgments for obligations contracted for

  2  the purchase of real property.

  3         (c)  Liens and judgments for labor, services, or

  4  materials furnished to repair or improve real property.

  5         (d)  Liens and judgments for other obligations

  6  contracted for house, field, or other labor performed on real

  7  property.

  8         Section 25.  Section 222.12, Florida Statutes, is

  9  amended to read:

10         222.12  Proceedings for exemption.--Whenever any money

11  or other thing due for labor or services as aforesaid is

12  attached by such process, the person to whom the same is due

13  and owing may make oath before the officer who issued the

14  process or before a notary public that the money attached is

15  due for the personal labor and services of such person, and

16  she or he is the head of a family residing in said state.

17  When such an affidavit is made, notice of same shall be

18  forthwith given to the party, or her or his attorney, who sued

19  out the process, and if the facts set forth in such affidavit

20  are not denied under oath within 2 business days after the

21  service of said notice, the process shall be returned, and all

22  proceedings under the same shall cease.  If the facts stated

23  in the affidavit are denied by the party who sued out the

24  process within the time above set forth and under oath, then

25  the matter shall be tried by the court from which the writ or

26  process issued, in like manner as claims to property levied

27  upon by writ of execution are tried, and the money or thing

28  attached shall remain subject to the process until released by

29  the judgment of the court which shall try the issue.

30         Section 26.  Subsections (2) and (3) of section

31  679.301, Florida Statutes, are amended to read:

                                  32

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1         679.301  Persons who take priority over unperfected

  2  security interests; right of "lien creditor."--

  3         (2)  If the secured party files with respect to a

  4  purchase money security interest before or within 15 days

  5  after the debtor receives possession of the collateral, the

  6  secured party he or she takes priority over the rights of a

  7  transferee in bulk or of a lien creditor which arise between

  8  the time the security interest attaches and the time of

  9  filing.

10         (3)  A "lien creditor" means a creditor who has

11  acquired a lien on the property involved by attachment, levy,

12  or the like and includes a judgment lienholder as provided

13  under ss. 55.202-55.209, an assignee for benefit of creditors

14  from the time of assignment, and a trustee in bankruptcy from

15  the date of the filing of the petition or a receiver in equity

16  from the time of appointment.

17         Section 27.  There is hereby appropriated from the

18  Corporations Trust Fund to the Department of State the

19  following positions and funds to administer this act:

20         (1)  Effective July 1, 2000, four full-time equivalent

21  positions and $274,858 in recurring salaries and benefits,

22  $200,000 in recurring expense, and $442,753 in nonrecurring

23  operating capital outlay; and

24         (2)  Effective March 1, 2001, nine additional full-time

25  equivalent positions and $67,111 in recurring salaries and

26  benefits and $32,247 in nonrecurring operating capital outlay.

27         Section 28.  Subsection (2) of section 607.1901,

28  Florida Statutes, is amended to read:

29         607.1901  Corporations Trust Fund creation; transfer of

30  funds.--

31         (2)(a)  The Legislature shall appropriate from the fund

                                  33

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  such amounts as it deems necessary for the operation of the

  2  division.

  3         (b)  An amount equal to 2.9 percent of all moneys

  4  deposited each month in the fund is transferred to the

  5  Corporation Tax Administration Trust Fund created pursuant to

  6  s. 213.31.

  7         (c)  In the last six months of any fiscal year, an

  8  amount equal to 43 percent of all moneys deposited each month

  9  into the fund is transferred to the General Revenue Fund.

10         (d)  The division shall transfer from the trust fund to

11  the Cultural Institutions Trust Fund, quarterly, the amount of

12  $10 from each corporate annual report fee collected by the

13  division and prorations transferring $8 million each fiscal

14  year, to be used as provided in s. 265.2861. Effective October

15  1, 2001, an additional $2 million each fiscal year shall be

16  transferred from the Corporations Trust Fund to the Cultural

17  Institutions Trust Fund to be used as provided in s. 265.2861.

18  The additional $2 million is contingent upon the receipt of

19  corresponding revenues collected under s. 55.209, as created

20  by this act.

21         (e)  The division shall transfer from the trust fund to

22  the Cultural Institutions Trust Fund, quarterly, prorations

23  transferring $250,000 each fiscal year, to be used as provided

24  in s. 265.609.

25         (f)  The division shall transfer from the trust fund to

26  the Cultural Institutions Trust Fund, quarterly, prorations

27  transferring $550,000 each fiscal year, to be used as provided

28  in s. 265.608.

29         (g)  The division shall transfer from the trust fund to

30  the Historical Resources Operating Trust Fund, quarterly,

31  prorations transferring $2 million each fiscal year, to be

                                  34

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1  used as provided in s. 267.0671.

  2         (h)  The division shall transfer from the trust fund to

  3  the Historical Resources Operating Trust Fund, quarterly,

  4  prorations transferring $1.5 million each fiscal year, to be

  5  used as provided in s. 267.072.

  6         (i)  Effective October 1, 2001, the division shall

  7  transfer from the trust fund to the department's Grants and

  8  Donations Trust Fund quarterly prorations equaling not more

  9  than $1.6 million each fiscal year, to be used in the

10  provision of services under s. 288.816.  The transfer of $1.6

11  million is contingent upon the receipt of corresponding

12  revenues collected under s. 55.209, as created by this act.

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 1, line 23,

18

19

20  after the semicolon, insert:

21         amending s. 30.17, F.S.; providing for phaseout

22         of sheriff's execution docket; amending s.

23         30.231, F.S.; clarifying seizure of property

24         for levy; amending s. 55.10, F.S.; increasing

25         the time period to rerecord a lien in order to

26         get the lien extended for a certain time;

27         providing for application; creating s. 55.201,

28         F.S.; requiring the Department of State to

29         establish a database of judgment lien records;

30         creating s. 55.202, F.S.; providing for

31         acquisition of a judgment lien on personal

                                  35

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1         property; creating s. 55.203, F.S.; providing

  2         requirements for the content, recording, and

  3         indexing of judgment lien certificates by the

  4         Department of State; creating s. 55.204, F.S.;

  5         providing for lapse of a judgment lien;

  6         providing for acquisition of a second judgment

  7         lien; creating s. 55.205, F.S.; providing for

  8         the effect of a judgment lien; creating s.

  9         55.206, F.S.; providing for amendment,

10         termination, partial release, assignment,

11         continuation, tolling, or correction of a

12         recorded judgment lien; creating s. 55.207,

13         F.S.; providing for filing and effect of a

14         correction statement as to a judgment lien

15         record; creating s. 55.208, F.S.; providing for

16         phaseout of the effect of writs of execution

17         delivered to a sheriff prior to a date certain;

18         creating s. 55.209, F.S.; providing for the

19         responsibilities of the Department of State and

20         for filing fees; amending s. 55.604, F.S.;

21         eliminating requirement for the filing of a

22         foreign judgment with the Department of State;

23         conditioning the effect of a foreign judgment

24         as a lien on personal property in this state

25         based on the recording of a lien certificate;

26         amending s. 56.21, F.S.; providing for notice

27         of levy and execution sale and affidavit of

28         levying creditor to judgment creditors and

29         certain secured creditors; amending s. 56.27,

30         F.S.; providing for distribution of money

31         collected under execution; amending s. 56.29,

                                  36

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. 01 (for drafter's use only)





  1         F.S.; clarifying who may file an affidavit for

  2         purposes of supplementary proceedings; amending

  3         s. 77.01, F.S.; providing entities with right

  4         to writ of garnishment; creating s. 77.041,

  5         F.S.; providing for notice of procedures for

  6         asserting exemptions and requesting a hearing;

  7         amending s. 77.055, F.S.; clarifying

  8         requirements for service of garnishee's answer

  9         and notice of right to dissolve writ of

10         garnishment; amending s. 77.06, F.S.; providing

11         for creation of judgment lien upon service of

12         writ of garnishment; amending s. 222.01, F.S.;

13         revising provisions relating to designation of

14         homestead by the owner before levy; providing

15         procedures; amending s. 222.12, F.S.; providing

16         for taking of oath before notary public

17         regarding exemptions from garnishment; amending

18         s. 679.301, F.S.; revising the definition of a

19         lien creditor; providing appropriations from

20         the Corporations Trust Fund in the Department

21         of State; amending s. 607.1901, F.S.; providing

22         for the transfer of funds from the Corporations

23         Trust Fund;

24

25

26

27

28

29

30

31

                                  37

    File original & 9 copies    05/03/00
    hgr0003                     06:03 pm         01194-0040-434665