2024 Florida Statutes
< Back to Statute SearchTitle VI CIVIL PRACTICE AND PROCEDURE
Chapter 55
JUDGMENTS
SECTION 202Judgments, orders, and decrees; lien on personal property.
55.202 Judgments, orders, and decrees; lien on personal property.—
(1) A judgment lien securing the unpaid amount of any money judgment may be acquired by the holder of a judgment:
(a) Enforceable in this state under its laws or the laws of the United States;
(b) Entered by an issuing tribunal with respect to a support order being enforced in this state pursuant to chapter 88; or
(c) Enforceable by operation of law pursuant to s. 61.14(6).
(2) A judgment lien may be acquired on a judgment debtor’s interest in all personal property in this state subject to execution under s. 56.061 and in all payment intangibles and accounts of a judgment debtor whose location is in this state as established by s. 679.3071, and the proceeds thereof, but excluding fixtures, money, negotiable instruments, and mortgages. As used in this subsection, the terms “payment intangibles,” “account,” and “proceeds” have the same meaning as in s. 679.1021(1).
(a) For payment intangibles and accounts and the proceeds thereof:
1. The rights of a judgment lienholder under this section are subject to the rights under chapter 679 of a secured party, as defined in s. 679.1021(1), who has a prior filed financing statement encumbering such payment intangibles or accounts and the proceeds thereof.
2. This section does not affect the obligation under s. 679.607(1) of an account debtor, as defined in s. 679.1021(1), except as the rights and obligations under this paragraph are otherwise adjudicated under applicable law in a legal proceeding to which the secured party and account debtor are joined as parties.
(b) A judgment lien is acquired by filing a judgment lien certificate in accordance with s. 55.203 with the Department of State after the judgment has become final and if the time to move for rehearing has lapsed, no motion for rehearing is pending, and no stay of the judgment or its enforcement is then in effect. A court may authorize, for cause shown, the filing of a judgment lien certificate before a judgment has become final when the court has authorized the issuance of a writ of execution in the same matter. A judgment lien certificate not filed in compliance with this subsection is permanently void and of no effect but does not preclude the filing of a judgment lien certificate that is in compliance with this subsection.
(c) For any lien, warrant, assessment, or judgment collected by the Department of Revenue, a judgment lien may be acquired by filing the judgment lien certificate information or warrant with the Department of State in accordance with subsection (5).
(d) Except as provided in s. 55.208, the effective date of a judgment lien is the date, including the time of day, of filing. Although no lien attaches to property, and a creditor does not become a lien creditor as to liens under chapter 679, until the debtor acquires an interest in the property, priority among competing judgment liens is determined in order of filing date and time.
(e) Except as provided in s. 55.204(3), a judgment creditor may file only one effective judgment lien certificate based upon a particular judgment.
(3) Except as otherwise provided in s. 55.208, the priority of a judgment lien acquired in accordance with this section or s. 55.204(3) is established at the date and time the judgment lien certificate is filed. The priority of conflicting rights between a judgment lienholder under this section and a secured party as defined in s. 679.1021 must be determined as provided under chapter 679.
(4) As used in ss. 55.201-55.209, the terms “holder of a judgment” and “judgment creditor” include the Department of Revenue with respect to a judgment being enforced by the Department of Revenue as the state IV-D agency.
(5) Liens, assessments, warrants, or judgments filed pursuant to paragraph (2)(c) may be filed directly into the central database by the Department of Revenue, or its designee as determined by its executive director, through electronic or information data exchange programs approved by the Department of State. Such filings must contain the information set forth in s. 55.203(1).
History.—s. 9, ch. 2000-258; s. 2, ch. 2001-154; s. 2, ch. 2002-218; s. 2, ch. 2005-241; s. 2, ch. 2023-300; s. 1, ch. 2024-233.