SB 856 First Engrossed
2014856e1
1 A bill to be entitled
2 An act relating to fraudulent transfers; amending s.
3 56.29, F.S.; authorizing the court to order any
4 property, debt, or other obligation due the judgment
5 debtor to be applied toward the satisfaction of the
6 judgment debt; authorizing the court to entertain
7 specified claims concerning the judgment debtor’s
8 assets and enter any order or judgment, including a
9 money judgment; authorizing the court to enter a money
10 judgment against an impleaded defendant under certain
11 circumstances; providing applicability of specified
12 laws and procedures; providing for retroactivity;
13 amending s. 726.109, F.S.; providing that certain
14 transfers of charitable contributions to charitable or
15 religious organizations are exempt from s. 726.106(1),
16 F.S.; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsections (1) and (5), paragraph (b) of
21 subsection (6), and subsection (9) of section 56.29, Florida
22 Statutes, are amended to read:
23 56.29 Proceedings supplementary.—
24 (1) When any person or entity holds an unsatisfied judgment
25 or judgment lien obtained under chapter 55, the judgment holder
26 or judgment lienholder may file a motion and an affidavit so
27 stating, identifying, if applicable, the issuing court, the case
28 number, and the unsatisfied amount of the judgment or judgment
29 lien, including accrued costs and interest, and stating that the
30 execution is valid and outstanding, and thereupon the judgment
31 holder or judgment lienholder is entitled to these proceedings
32 supplementary to execution.
33 (5) The court judge may order any property of the judgment
34 debtor, not exempt from execution, in the hands of any person,
35 or any property, debt, or other obligation due to the judgment
36 debtor, to be applied toward the satisfaction of the judgment
37 debt. The court may entertain claims concerning the judgment
38 debtor’s assets brought under chapter 726 and enter any order or
39 judgment, including a money judgment against any initial or
40 subsequent transferee, in connection therewith, irrespective of
41 whether the transferee has retained the property. Claims under
42 chapter 726 are subject to the provisions of chapter 726 and
43 applicable rules of civil procedure.
44 (6)
45 (b) When any gift, transfer, assignment or other conveyance
46 of personal property has been made or contrived by the judgment
47 debtor defendant to delay, hinder or defraud creditors, the
48 court shall order the gift, transfer, assignment or other
49 conveyance to be void and direct the sheriff to take the
50 property to satisfy the execution. This does not authorize
51 seizure of property exempted from levy and sale under execution
52 or property which has passed to a bona fide purchaser for value
53 and without notice. Any person aggrieved by the levy may proceed
54 under ss. 56.16-56.20.
55 (9) The court may enter any orders, judgments, or writs
56 required to carry out the purpose of this section, including
57 those orders necessary or proper to subject property or property
58 rights of any judgment debtor defendant to execution, and
59 including entry of money judgments against any impleaded
60 defendant irrespective of whether such defendant has retained
61 the property, subject to ss. 56.18 and 56.19 and applicable
62 principles of equity, and in accordance with chapters 76 and 77
63 and applicable rules of civil procedure.
64 Section 2. The amendments made by this act to s. 56.29,
65 Florida Statutes, are remedial in nature, are intended to
66 clarify existing law, and shall be applied retroactively to the
67 full extent permitted by law.
68 Section 3. Paragraph (a) of subsection (7) of section
69 726.109, Florida Statutes, is amended to read:
70 726.109 Defenses, liability, and protection of transferee.—
71 (7)(a) The transfer of a charitable contribution that is
72 received in good faith by a qualified religious or charitable
73 entity or organization is not a fraudulent transfer under s.
74 726.105(1)(b) or s. 726.106(1).
75 Section 4. This act shall take effect upon becoming a law.