§ 55.204, Fla. Stat. · Chapter 55. JUDGMENTS
Duration and continuation of judgment lien; destruction of records.
Text — 2026 Florida Statutes
(1) Except as provided in this section, a judgment lien acquired under s. 55.202 lapses and becomes invalid 5 years after the date of filing the judgment lien certificate.
(2) Liens securing the payment of child support or tax obligations under s. 95.091(1)(b) lapse 20 years after the date of the original filing of the warrant or other document required by law to establish a lien. Liens securing the payment of reemployment assistance tax obligations lapse 10 years after the date of the original filing of the notice of lien. A second lien based on the original filing may not be obtained.
(3) At any time within 6 months before or 6 months after the scheduled lapse of a judgment lien under subsection (1), the judgment creditor may acquire a second judgment lien by filing a new judgment lien certificate. The effective date of the second judgment lien is the date and time on which the judgment lien certificate is filed. The second judgment lien is a new judgment lien and not a continuation of the original judgment lien. The second judgment lien permanently lapses and becomes invalid 5 years after its filing date, and additional liens based on the original judgment or any judgment based on the original judgment may not be acquired.
(4) A judgment lien continues only as to itemized property for an additional 90 days after lapse of the lien. Such judgment lien continues only if:
(a) The property was itemized and its location described with sufficient particularity in the instructions for levy to permit the sheriff to act;
(b) The instructions for the levy had been delivered to the sheriff before the date of lapse of the lien; and
(c) The property was located in the county in which the sheriff has jurisdiction at the time of delivery of the instruction for levy. Subsequent removal of the property does not defeat the lien. A court may order continuation of the lien beyond the 90-day period on a showing that extraordinary circumstances have prevented levy.
(5) The date of lapse of a judgment lien whose enforceability has been temporarily stayed or enjoined as a result of any legal or equitable proceeding is tolled until 30 days after the stay or injunction is terminated.
(6) If a second judgment lien is not filed, the Department of State shall maintain each judgment lien file and all information contained therein for a minimum of 1 year after the judgment lien lapses in accordance with this section. If a second judgment lien is filed, the department shall maintain both files and all information contained in such files for a minimum of 1 year after the second judgment lien lapses.
(7) This section does not extend the life of a judgment lien beyond the time that the underlying judgment, order, decree, or warrant otherwise expires or becomes invalid pursuant to law.
Notes and commentary — not statutory text
History
s. 11, ch. 2000-258; s. 4, ch. 2001-154; s. 3, ch. 2005-241; s. 3, ch. 2010-90; s. 1, ch. 2010-138; s. 34, ch. 2012-30.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0055/0055.html
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- sha256 4ae2ac084dff63304f7a857dbc43502c93156b10242bd696d931172cb3a151ca
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 8 provisions
Provisions in this library whose text cites § 55.204, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 55.202, Fla. Stat.Judgments, orders, and decrees; lien on personal property.Printed as s. 55.204(3)
- § 55.203, Fla. Stat.Judgment lien certificate; content, filing, and indexing.Printed as s. 55.204(3)
- § 55.205, Fla. Stat.Effect of judgment lien.Printed as s. 55.204
- § 55.206, Fla. Stat.Amendment of judgment lien file; termination, partial release, assignment, continuation, tolling, correction.Printed as s. 55.204(4); s. 55.204(5)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.