Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/SB 828, 1st Eng.
       
       
       
       
       
       
                                Ì787398jÎ787398                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/3R         .                                
             04/25/2014 02:00 PM       .                                
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       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 court judge may 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  debtor defendant to 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 debtor defendant to 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.,