Title: Liens

Summary: Authorizing a state agency to impose a lien on real property by recording a final order issued by the agency in the official records or judgment lien record of a county; deleting obsolete provisions; making technical and grammatical changes, etc.

Full Text:
An act relating to liens; amending s. 55.10, F.S.; authorizing a state agency to impose a lien on real property by recording a final order issued by the agency in the official records or judgment lien record of a county; deleting obsolete provisions; making technical and grammatical changes; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 55.10, Florida Statutes, is amended to read: 55.10 Judgments, orders, and decrees,and final orders of state agencies;lien of all, generally; extension of liens; transfer of liens to other security.  (1) A judgment, order, or decree issued by a court or a final order of a state agency becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county if the address of the person who has the resulting lien is contained in,whichever is maintained at the time of recordation, provided that the judgment, order, or decree or the final order of the state agency contains the address of the person who has a lien as a result of such judgment, order, or decree or on a separate affidavit that is recorded simultaneously with the judgment, order, or decree or the final order of the state agency stating the address of the person who has a lien as a result of such judgment, order, or decree.A judgment, order, or decree or a final order of a state agency does not become a lien on real property unless the address of the person who has the resulting a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or the final order of the state agency or unless an affidavit with such address is simultaneously recorded with the judgment, order, or decree or the final order of the state agency.A If the certified copy was first recorded in a county in accordance with this subsection between July 1, 1987, and June 30, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of years from the date of the recording.If the certified copy of the judgment, order, or decree or of the final order of the state agency which is first recorded pursuant to in accordance with this subsection becomes on or after July 1, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of years after from the date of the recording. (2) The lien provided for in subsection (1) or an extension of that lien as provided by this subsection may be extended for an additional period of years, subject to the limitation in subsection (3), by rerecording a certified copy of the judgment, order, or decree issued by the court or a certified copy of the final order issued by the state agency before the lien or extended lien expires prior to the expiration of the lien or the expiration of the extended lien and by simultaneously recording an affidavit with the current address of the person who has a lien as a result of the judgment, order, or decree or the final order of the state agency.The extension is shall be effective from the date that the certified copy of the judgment, order, or decree or the certified copy of the final order of the state agency is rerecorded. The lien or extended lien will not be extended unless the affidavit with the current address is simultaneously recorded. (3)  In no event shall The lien upon real property created by this section may not be extended beyond the period provided for in s. 55.081 or beyond the date on point at which the lien is satisfied, whichever occurs first. (4) This section applies act shall apply to all judgments, orders, and decrees of record issued by a court and all final orders issued by a state agency which constitute a lien on real property;except that any judgment, order, or decree recorded prior to July 1, 1987, shall remain a lien on real property until the period provided for in s. 55.081 expires or until the lien is satisfied, whichever occurs first.(5)  A Any lien claimed under this section may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from the such real property to other security by either depositing in the clerk s office a sum of money or by filing in the clerk s office a bond executed as surety by a surety insurer licensed to do business in this state. The Such deposit or bond must shall be in an amount equal to the amount demanded in the such claim of lien plus interest on the amount of the lien thereon at the legal rate for years plus $500 to apply on any court costs that which may be taxed in any proceeding to enforce the said lien. The Such deposit or bond shall be conditioned to pay any judgment, order, or decree issued by a court or any final order issued by a state agency which may be rendered for the satisfaction of the lien for which the such claim of lien was recorded and costs plus $500 for court costs. Upon the such deposit being made or the such bond being filed, the clerk shall make and record a certificate showing the transfer of the lien from the real property to the security and mail a copy of the certificate thereof by registered or certified mail to the lienor named in the claim of lien so transferred, at the address stated in the claim of lien therein.Upon the filing of the certificate of transfer, the real property is shall thereupon be released from the lien claimed, and the such lien is shall be transferred to the said security. The clerk may impose shall be entitled to a service charge of up to $15 for making and serving the certificate. If the transaction involves the transfer of multiple liens, an additional service charge of up to $7.50 for each additional lien may shall be charged. Any number of liens may be transferred to one such security. (6) Any excess of the security over the aggregate amount of any judgments, orders, or decrees rendered by a court or any final orders issued by a state agency,plus costs actually taxed, shall be repaid to the party filing the security or his or her successor in interest. Any deposit of money is shall be considered as paid into court and is shall be subject to the provisions of law relative to payments of money into court and the disposition of these payments. (7) Any party having an interest in the such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the circuit court of the county where the such security is deposited for an order: (a) To require additional security; (b) To require reduction of security; (c) To require change or substitution of sureties; (d) To require payment or discharge of the lien thereof;or (e) Relating to any other matter affecting the said security. Section 2. This act shall take effect July 1, 2012.