Florida Senate - 2012                              CS for SB 752
       
       
       
       By the Committee on Judiciary; and Senator Flores
       
       
       
       
       590-01851-12                                           2012752c1
    1                        A bill to be entitled                      
    2         An act relating to equitable distribution of marital
    3         assets and liabilities; amending s. 61.075, F.S.;
    4         redefining the term “marital assets and liabilities”
    5         to include the value of the marital portion of the
    6         passive appreciation of nonmarital real property;
    7         authorizing a court to require security and the
    8         payment of a reasonable rate of interest if
    9         installment payments are required for the distribution
   10         of marital assets and liabilities; requiring the court
   11         to provide written findings regarding any installment
   12         payments; creating s. 61.0765, F.S.; providing
   13         formulas for the calculation of the value of the
   14         marital portion of nonmarital real property subject to
   15         equitable distribution; requiring the court in the
   16         dissolution action to use the formulas unless
   17         sufficient evidence is presented showing that the
   18         application of the formulas is not equitable;
   19         providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraph (a) of subsection (6) and subsection
   24  (10) of section 61.075, Florida Statutes, are amended to read:
   25         61.075 Equitable distribution of marital assets and
   26  liabilities.—
   27         (6) As used in this section:
   28         (a)1. “Marital assets and liabilities” include:
   29         a. Assets acquired and liabilities incurred during the
   30  marriage, individually by either spouse or jointly by them.
   31         b. The enhancement in value and appreciation of nonmarital
   32  assets resulting either from the efforts of either party during
   33  the marriage or from the contribution to or expenditure thereon
   34  of marital funds or other forms of marital assets, or both.
   35         c. The value of the marital portion of the passive
   36  appreciation of nonmarital real property as provided in s.
   37  61.0765(2).
   38         d.c. Interspousal gifts during the marriage.
   39         e.d. All vested and nonvested benefits, rights, and funds
   40  accrued during the marriage in retirement, pension, profit
   41  sharing, annuity, deferred compensation, and insurance plans and
   42  programs.
   43         2. All real property held by the parties as tenants by the
   44  entireties, whether acquired before prior to or during the
   45  marriage, shall be presumed to be a marital asset. If, in any
   46  case, a party makes a claim to the contrary, the burden of proof
   47  shall be on the party asserting the claim that the subject
   48  property, or some portion thereof, is nonmarital.
   49         3. All personal property titled jointly by the parties as
   50  tenants by the entireties, whether acquired before prior to or
   51  during the marriage, shall be presumed to be a marital asset. In
   52  the event a party makes a claim to the contrary, the burden of
   53  proof shall be on the party asserting the claim that the subject
   54  property, or some portion thereof, is nonmarital.
   55         4. The burden of proof to overcome the gift presumption
   56  shall be by clear and convincing evidence.
   57         (10)(a) To do equity between the parties, the court may, in
   58  lieu of or to supplement, facilitate, or effectuate the
   59  equitable division of marital assets and liabilities, order a
   60  monetary payment in a lump sum or in installments paid over a
   61  fixed period of time.
   62         (b) If installment payments are ordered, the court may
   63  require security and a reasonable rate of interest, or otherwise
   64  recognize the time value of money in determining the amount of
   65  the installments. If security or interest is required, the court
   66  shall make written findings relating to any deferred payments,
   67  the amount of any security required, and the interest. This
   68  paragraph does not preclude the application of chapter 55,
   69  relating to judgments, to any subsequent default.
   70         Section 2. Section 61.0765, Florida Statutes, is created to
   71  read:
   72         61.0765 Valuation of marital portion of nonmarital real
   73  property.—
   74         (1)(a) The total value of the marital portion of nonmarital
   75  real property consists of the sum of the following:
   76         1. The value of the active appreciation of the property as
   77  described in s. 61.075(6)(a)1.b.
   78         2. The amount of the mortgage principal paid from marital
   79  funds.
   80         3. A portion of any passive appreciation of the property,
   81  if the mortgage principal was paid from marital funds.
   82         (b) The value of the marital portion of nonmarital real
   83  property may not exceed the total net equity of the property on
   84  the valuation date in the dissolution action.
   85         (2) The marital portion of the passive appreciation as
   86  provided in subparagraph (1)(a)3. is calculated by multiplying
   87  the passive appreciation of the property by the marital
   88  fraction.
   89         (a) The passive appreciation of the property is calculated
   90  by subtracting all of the following from the value of the
   91  property on the valuation date in the dissolution action:
   92         1. The gross value of the property on the date of the
   93  marriage or on date the property was acquired, whichever is
   94  later.
   95         2. The value of the active appreciation of the property
   96  during the marriage as described in s. 61.075(6)(a)1.b.
   97         3. The amount of any additional debts secured by the
   98  property during the marriage.
   99         (b) The numerator of the marital fraction consists of the
  100  amount of the mortgage principal paid on any mortgage on the
  101  property from marital funds. The denominator consists of the
  102  value of the property on the date of the marriage, the date of
  103  acquisition of the property, or the date the property was first
  104  encumbered by a mortgage on which principal was paid from
  105  marital funds, whichever is later.
  106         (3) The court in a dissolution action must apply the
  107  formulas provided in this section to determine the value of the
  108  marital portion of nonmarital real property subject to equitable
  109  dissolution unless a party presents sufficient evidence to
  110  establish that the application of these formulas is not
  111  equitable under the particular circumstances of the case.
  112         Section 3. This act shall take effect July 1, 2012.