Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS/SB 828, 1st Eng. Ì787398jÎ787398 LEGISLATIVE ACTION Senate . House . . . Floor: 2/AD/3R . 04/25/2014 02:00 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Simmons moved the following: 1 Senate Substitute for Amendment (254464) (with title 2 amendment) 3 4 Between lines 244 and 245 5 insert: 6 Section 17. Subsections (1) and (5), paragraph (b) of 7 subsection (6), and subsection (9) of section 56.29, Florida 8 Statutes, are amended to read: 9 56.29 Proceedings supplementary.— 10 (1) When any person or entity holds an unsatisfied judgment 11 or judgment lien obtained under chapter 55, the judgment holder 12 or judgment lienholder may file a motion and an affidavit so 13 stating, identifying, if applicable, the issuing court, the case 14 number, and the unsatisfied amount of the judgment or judgment 15 lien, including accrued costs and interest, and stating that the 16 execution is valid and outstanding, and thereupon the judgment 17 holder or judgment lienholder is entitled to these proceedings 18 supplementary to execution. 19 (5) The courtjudgemay order any property of the judgment 20 debtor, not exempt from execution, in the hands of any person, 21 or any property, debt, or other obligation due to the judgment 22 debtor, to be applied toward the satisfaction of the judgment 23 debt. The court may entertain claims concerning the judgment 24 debtor’s assets brought under chapter 726 and enter any order or 25 judgment, including a money judgment against any initial or 26 subsequent transferee, in connection therewith, irrespective of 27 whether the transferee has retained the property. Claims under 28 chapter 726 are subject to the provisions of chapter 726 and 29 applicable rules of civil procedure. 30 (6) 31 (b) When any gift, transfer, assignment or other conveyance 32 of personal property has been made or contrived by the judgment 33 debtordefendantto delay, hinder or defraud creditors, the 34 court shall order the gift, transfer, assignment or other 35 conveyance to be void and direct the sheriff to take the 36 property to satisfy the execution. This does not authorize 37 seizure of property exempted from levy and sale under execution 38 or property which has passed to a bona fide purchaser for value 39 and without notice. Any person aggrieved by the levy may proceed 40 under ss. 56.16-56.20. 41 (9) The court may enter any orders, judgments, or writs 42 required to carry out the purpose of this section, including 43 those orders necessary or proper to subject property or property 44 rights of any judgment debtordefendantto execution, and 45 including entry of money judgments against any impleaded 46 defendant irrespective of whether such defendant has retained 47 the property, subject to ss. 56.18 and 56.19 and applicable 48 principles of equity, and in accordance with chapters 76 and 77 49 and applicable rules of civil procedure. 50 Section 18. The amendments made by this act to s. 56.29, 51 Florida Statutes, are remedial in nature, are intended to 52 clarify existing law, and shall be applied retroactively to the 53 full extent permitted by law. 54 55 ================= T I T L E A M E N D M E N T ================ 56 And the title is amended as follows: 57 Delete line 41 58 and insert: 59 of the State Constitution; amending s. 56.29, F.S.; 60 authorizing the court to order any property, debt, or 61 other obligation due the judgment debtor to be applied 62 toward the satisfaction of the judgment debt; 63 authorizing the court to entertain specified claims 64 concerning the judgment debtor’s assets and enter any 65 order or judgment, including a money judgment; 66 authorizing the court to enter a money judgment 67 against an impleaded defendant under certain 68 circumstances; providing applicability of specified 69 laws and procedures; providing for retroactivity; 70 repealing s. 57.101, F.S.,