Senate Bill sb1236c1

    Florida Senate - 2002                           CS for SB 1236

    By the Committee on Judiciary; and Senator Jones





    308-2221-02

  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 that a liability

  5         incurred by forgery or unauthorized signature

  6         is a nonmarital liability; providing for

  7         attorney's fees and costs; providing an

  8         exception; providing an effective date.

  9

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

11

12         Section 1.  Paragraph (b) of subsection (5) of section

13  61.075, Florida Statutes, is amended to read:

14         61.075  Equitable distribution of marital assets and

15  liabilities.--

16         (5)  As used in this section:

17         (b)  "Nonmarital assets and liabilities" include:

18         1.  Assets acquired and liabilities incurred by either

19  party prior to the marriage, and assets acquired and

20  liabilities incurred in exchange for such assets and

21  liabilities;

22         2.  Assets acquired separately by either party by

23  noninterspousal gift, bequest, devise, or descent, and assets

24  acquired in exchange for such assets;

25         3.  All income derived from nonmarital assets during

26  the marriage unless the income was treated, used, or relied

27  upon by the parties as a marital asset; and

28         4.  Assets and liabilities excluded from marital assets

29  and liabilities by valid written agreement of the parties, and

30  assets acquired and liabilities incurred in exchange for such

31  assets and liabilities.

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






    Florida Senate - 2002                           CS for SB 1236
    308-2221-02




  1         5.  Any liability incurred by forgery or unauthorized

  2  signature of one spouse signing the name of the other spouse.

  3  Any such liability shall be a nonmarital liability only of the

  4  party having committed the forgery or having affixed the

  5  unauthorized signature. In determining an award of attorney's

  6  fees and costs pursuant to s. 61.16, the court may consider

  7  forgery or an unauthorized signature by a party and may make a

  8  separate award for attorney's fees and costs occasioned by the

  9  forgery or unauthorized signature. This subparagraph does not

10  apply to any forged or unauthorized signature that was

11  subsequently ratified by the other spouse.

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

13

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 1236

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17  --    Deletes the amendment to subsection (1) of s. 61.075,
          F.S.
18
    --    Amends subsection (5) of s. 61.075, F.S., to provide
19        that nonmarital assets and liabilities include any
          liability incurred by forgery or unauthorized signature
20        of one spouse signing the name of the other spouse. Any
          such liability shall be a nonmarital liability only of
21        the party who committed the forgery or affixed the
          unauthorized signature. The court may award attorney's
22        fees and costs occasioned by the forgery or unauthorized
          signature. The provisions of this subsection do not
23        apply to any forged or unauthorized signature that was
          subsequently ratified by the other spouse.
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CODING: Words stricken are deletions; words underlined are additions.