Florida Statute 55.10 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 55
JUDGMENTS

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F.S. 55.10

55.10 Judgments, orders, and decrees; lien of all, generally; extension of liens; transfer of liens to other security.—

(1) A judgment, order, or decree 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, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the judgment, order, or decree stating the address of the person who has a lien as a result of such judgment, order, or decree. A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree. 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 7 years from the date of the recording. If the certified copy is first recorded in accordance with this subsection on or after July 1, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 10 years 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 10 years, subject to the limitation in subsection (3), by rerecording a certified copy of the judgment, order, or decree 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. The extension shall be effective from the date the certified copy of the judgment, order, or decree 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 be extended beyond the period provided for in s. 55.081 or beyond the point at which the lien is satisfied, whichever occurs first.

(4) This act shall apply to all judgments, orders, and decrees of record 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) 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 such real property to other security by either depositing in the clerk’s office a sum of money or filing in the clerk’s office a bond executed as surety by a surety insurer licensed to do business in this state. Such deposit or bond shall be in an amount equal to the amount demanded in such claim of lien plus interest thereon at the legal rate for 3 years plus $500 to apply on any court costs which may be taxed in any proceeding to enforce said lien. Such deposit or bond shall be conditioned to pay any judgment, order, or decree which may be rendered for the satisfaction of the lien for which such claim of lien was recorded and costs plus $500 for court costs. Upon such deposit being made or 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 thereof by registered or certified mail to the lienor named in the claim of lien so transferred, at the address stated therein. Upon the filing of the certificate of transfer, the real property shall thereupon be released from the lien claimed, and such lien shall be transferred to said security. The clerk 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 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, plus costs actually taxed, shall be repaid to the party filing the security or his or her successor in interest. Any deposit of money shall be considered as paid into court and 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 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 such security is deposited for an order:

(a) To require additional security;

(b) To require reduction of security;

(d) To require payment or discharge thereof; or

(e) Relating to any other matter affecting said security.

History.—s. 1, ch. 10166, 1925; s. 1, ch. 14749, 1931; ss. 1-3, ch. 17998, 1937; s. 2, ch. 19270, 1939; CGL 1940 Supp. 4865(3); s. 9, ch. 67-254; s. 1, ch. 71-56; s. 1, ch. 77-462; s. 2, ch. 87-67; s. 7, ch. 87-145; s. 12, ch. 91-45; s. 10, ch. 93-250; s. 15, ch. 94-348; s. 1357, ch. 95-147; s. 7, ch. 2000-258; s. 1, ch. 2001-130; s. 68, ch. 2003-402; s. 47, ch. 2004-265.

F.S. 55.10 on Google Scholar

F.S. 55.10 on Casetext

Amendments to 55.10

Arrestable Offenses / Crimes under Fla. Stat. 55.10

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 55.10.

Annotations, Discussions, Cases:

Cases Citing Statute 55.10

Total Results: 20

McNally v. Dove Investment Corporation

Court: District Court of Appeal of Florida | Date Filed: 2024-08-28

Snippet: making it a lien on real property under section 55.10(1), Florida Statutes, there is no real property

McNally v. Dove Investment Corporation

Court: District Court of Appeal of Florida | Date Filed: 2024-08-28

Snippet: making it a lien on real property under section 55.10(1), Florida Statutes, there is no real property

McNally v. Dove Investment Corporation

Court: District Court of Appeal of Florida | Date Filed: 2024-08-28

Snippet: making it a lien on real property under section 55.10(1), Florida Statutes, there is no real property

In Re: Amendments to Florida Rules of Civil Procedure - Forms 1.996(a) and 1.996(b)

Court: Supreme Court of Florida | Date Filed: 2024-01-18

Snippet: recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock

In Re: Amendments to Florida Rules of Civil Procedure - Forms 1.996(a) and 1.996(b)

Court: Supreme Court of Florida | Date Filed: 2024-01-11

Snippet: recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock

FELIX SOTO v. CARROLLWOOD VILLAGE PHASE I I I

Court: District Court of Appeal of Florida | Date Filed: 2021-09-03

Snippet: Financial in that county on August 19, 2015. See § 55.10(1), Fla. Stat. (2015). But in 2016 the county court

In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2020-04-16

Snippet: recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock

Gomez v. Timberoof Roofing Co.

Court: District Court of Appeal of Florida | Date Filed: 2016-08-10

Citation: 196 So. 3d 1279, 2016 Fla. App. LEXIS 12066, 2016 WL 4205344

Snippet: of the judgment holder, as required by section 55.10(1), Florida Statutes (2013). The trial court denied

In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2016-01-14

Citation: 190 So. 3d 999, 41 Fla. L. Weekly Supp. 1, 2016 Fla. LEXIS 68, 2016 WL 164134

Snippet: recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc

In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2014-12-11

Citation: 153 So. 3d 258, 39 Fla. L. Weekly Supp. 752, 2014 Fla. LEXIS 3682, 2014 WL 6977929

Snippet: recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc

Anton v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-07-05

Citation: 92 So. 3d 876, 2012 WL 2579537, 2012 Fla. App. LEXIS 10796

Snippet: set forth in subsection (5) and as provided in s. 55.10.” Prior to October 1, 1993, section 775.089(5) provided:

Wells v. Circle Redmont, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2012-05-18

Citation: 88 So. 3d 433, 2012 WL 1753639, 2012 Fla. App. LEXIS 7988

Snippet: to file an emergency motion pursuant to section 55.10, Florida Statutes (2010), to convert the supersedeas

In Re Implementation of Committee on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2011-11-03

Citation: 78 So. 3d 1045, 2011 Fla. LEXIS 3030, 2011 WL 5829543

Snippet: recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock

Park Finance of Broward, Inc. v. Jones

Court: District Court of Appeal of Florida | Date Filed: 2011-07-13

Citation: 94 So. 3d 617, 2011 WL 2694573, 2011 Fla. App. LEXIS 11004

Snippet: 4th DCA 2001). Similarly, pursuant to section 55.10, Florida Statutes (2009), a judgment becomes a lien

Corzo Trucking Corp. v. West

Court: District Court of Appeal of Florida | Date Filed: 2011-06-01

Citation: 61 So. 3d 1285, 2011 Fla. App. LEXIS 8072, 2011 WL 2135589

Snippet: Stat. (2009). "Subject to the provisions of s. 55.10, no judgment, order, or decree of any court shall

Jacom Computer Services, Inc. v. Aardema

Court: District Court of Appeal of Florida | Date Filed: 2011-05-18

Citation: 60 So. 3d 593, 2011 Fla. App. LEXIS 7378, 2011 WL 1878119

Snippet: PER CURIAM. Affirmed. See § 55.10(1), Fla. Stat. (2004); Hott Interiors, Inc. v. Fostock, 721 So.2d

In re Amendments to the Florida Rules of Civil Procedure-Form 1.996

Court: Supreme Court of Florida | Date Filed: 2010-12-09

Citation: 51 So. 3d 1140, 35 Fla. L. Weekly Supp. 712, 2010 Fla. LEXIS 2086, 2010 WL 4977484

Snippet: recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock

Sun Glow Construction, Inc. v. Cypress Recovery Corp.

Court: District Court of Appeal of Florida | Date Filed: 2010-11-12

Citation: 47 So. 3d 371, 2010 Fla. App. LEXIS 17183

Snippet: after the first judgment lien has expired: Section 55.10(1), Florida Statutes (2003), provides that a judgment

In Re Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2010-06-03

Citation: 44 So. 3d 555, 2010 WL 455295

Snippet: recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostoclc

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-04-22

Snippet: extent as a judgment recorded as provided in s. 55.10. Such order shall attach as a lien on any personal