Senate Bill sb1236

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1236

    By Senator Jones





    40-1011-02                                          See HB 315

  1                      A bill to be entitled

  2         An act relating to the equitable distribution

  3         of marital assets and liabilities; amending s.

  4         61.075, F.S.; providing for the unequal

  5         distribution of marital assets and liabilities

  6         when one spouse forges or intentionally uses

  7         the unauthorized signature of the other spouse;

  8         providing an effective date.

  9

10         WHEREAS, it is the intent of chapter 61, Florida

11  Statutes, to provide for the equitable distribution of marital

12  assets, and

13         WHEREAS, section 61.075(1), Florida Statutes, provides

14  in part that "in distributing the marital assets and

15  liabilities between the parties, the court must begin with the

16  premise that the distribution should be equal, unless there is

17  a justification for an unequal distribution based on all

18  relevant factors," and

19         WHEREAS, section 673.4031(1), Florida Statutes,

20  provides in part that "an unauthorized signature is

21  ineffective except as the signature of the unauthorized

22  signer" in order to protect the person whose signature was

23  forged as well as the good faith receiver of the instrument or

24  document, and

25         WHEREAS, there is a justification for an unequal

26  distribution of marital assets and liabilities in the event

27  that a spouse has forged or otherwise entered into any

28  liability with the unauthorized use of his or her spouse's

29  name or signature, and

30         WHEREAS, it is too often the case that courts hear

31  during dissolution proceedings that a spouse forged or

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






    Florida Senate - 2002                                  SB 1236
    40-1011-02                                          See HB 315




  1  otherwise misused without authority the signature of the other

  2  spouse to cash joint instruments, to open credit card or other

  3  credit accounts, or to encumber or otherwise dispose of a

  4  marital asset or assets without the knowledge or consent of

  5  the other spouse, and

  6         WHEREAS, the State of Florida no longer follows the

  7  doctrine of interspousal tort immunity, NOW, THEREFORE,

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Subsection (1) of section 61.075, Florida

12  Statutes, is amended to read:

13         61.075  Equitable distribution of marital assets and

14  liabilities.--

15         (1)  In a proceeding for dissolution of marriage, in

16  addition to all other remedies available to a court to do

17  equity between the parties, or in a proceeding for disposition

18  of assets following a dissolution of marriage by a court which

19  lacked jurisdiction over the absent spouse or lacked

20  jurisdiction to dispose of the assets, the court shall set

21  apart to each spouse that spouse's nonmarital assets and

22  liabilities, and in distributing the marital assets and

23  liabilities between the parties, the court must begin with the

24  premise that the distribution should be equal, unless there is

25  a justification for an unequal distribution based on all

26  relevant factors, including:

27         (a)  The contribution to the marriage by each spouse,

28  including contributions to the care and education of the

29  children and services as homemaker.

30         (b)  The economic circumstances of the parties.

31         (c)  The duration of the marriage.

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






    Florida Senate - 2002                                  SB 1236
    40-1011-02                                          See HB 315




  1         (d)  Any interruption of personal careers or

  2  educational opportunities of either party.

  3         (e)  The contribution of one spouse to the personal

  4  career or educational opportunity of the other spouse.

  5         (f)  The desirability of retaining any asset, including

  6  an interest in a business, corporation, or professional

  7  practice, intact and free from any claim or interference by

  8  the other party.

  9         (g)  The contribution of each spouse to the

10  acquisition, enhancement, and production of income or the

11  improvement of, or the incurring of liabilities to, both the

12  marital assets and the nonmarital assets of the parties.

13         (h)  The desirability of retaining the marital home as

14  a residence for any dependent child of the marriage, or any

15  other party, when it would be equitable to do so, it is in the

16  best interest of the child or that party, and it is

17  financially feasible for the parties to maintain the residence

18  until the child is emancipated or until exclusive possession

19  is otherwise terminated by a court of competent jurisdiction.

20  In making this determination, the court shall first determine

21  if it would be in the best interest of the dependent child to

22  remain in the marital home; and, if not, whether other

23  equities would be served by giving any other party exclusive

24  use and possession of the marital home.

25         (i)  The intentional dissipation, waste, depletion, or

26  destruction of marital assets after the filing of the petition

27  or within 2 years prior to the filing of the petition.

28         (j)  The intentional forgery or unauthorized use of the

29  signature of one spouse by the other spouse. No spouse may be

30  unjustly enriched by the forgery or unauthorized use of the

31  signature of the other spouse. To that end, the provisions of

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






    Florida Senate - 2002                                  SB 1236
    40-1011-02                                          See HB 315




  1  ss. 671.201, 673.4031, 817.54, 817.60, 831.01, and 831.02

  2  shall apply to the provisions of this section and shall be

  3  considered by the court in making an unequal distribution in

  4  favor of the spouse whose signature was forged or used without

  5  his or her knowledge or consent. The court shall make the

  6  wrongdoing spouse fully and completely liable for any

  7  liability or asset wrongfully disposed of. The court may

  8  consider any other sanction inclusive of attorney's fees and

  9  costs in making an unequal distribution pursuant to this

10  paragraph.

11         (k)(j)  Any other factors necessary to do equity and

12  justice between the parties.

13         Section 2.  This act shall take effect July 1, 2002.

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16                       LEGISLATIVE SUMMARY

17
      Provides for the unequal distribution of marital assets
18    and liabilities when one spouse forges the signature of
      the other or uses the other spouse's signature without
19    authorization. (See bill for details.)

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