Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1042
       
       
       
       
       
       
                                Ì753766MÎ753766                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/12/2016           .                                
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       The Committee on Judiciary (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 56.0101, Florida Statutes, is created to
    6  read:
    7         56.0101 Definitions.—As used in this chapter, the term:
    8         (1) “Claimant” means any person other than the judgment
    9  debtor who claims any property levied on.
   10         (2) “Corporate judgment debtor” means a judgment debtor
   11  other than an individual, an estate, or a trust that is not a
   12  business trust.
   13         (3) “Judgment creditor” means the holder of an unsatisfied
   14  judgment, order, or decree for the payment of money, including a
   15  transferee or a surety having the right to control and collect
   16  the judgment under s. 55.13.
   17         (4) “Judgment debtor” means each person who is liable on a
   18  judgment, an order, or a decree subject to execution under this
   19  chapter.
   20         (5) “Levying creditor” means the levying judgment creditor.
   21         (6) “Person” means an individual, partnership, corporation,
   22  association, organization, government or governmental
   23  subdivision or agency, business trust, estate, trust, or any
   24  other legal or commercial entity.
   25         (7) “Relative” means an individual related by consanguinity
   26  within the third degree as determined by the common law, a
   27  spouse, or an individual related to a spouse within the third
   28  degree as determined by the common law, and includes an
   29  individual in an adoptive relationship within the third degree.
   30         Section 2. Section 56.011, Florida Statutes, is amended to
   31  read:
   32         56.011 Executions; capias ad satisfaciendum abolished.—In
   33  no case shall A capias ad satisfaciendum may not be issued upon
   34  a judgment, nor may shall the body of any person defendant be
   35  subject to arrest or confinement for the payment of money,
   36  except it be for fines imposed by lawful authority.
   37         Section 3. Section 56.021, Florida Statutes, is amended to
   38  read:
   39         56.021 Executions; issuance and return, alias, etc.—When
   40  issued, an execution is valid and effective during the life of
   41  the judgment, order, or decree on which it is issued. When fully
   42  paid, the officer executing it shall make his or her return and
   43  file it in the court which issued the execution. If the
   44  execution is lost or destroyed, the party entitled thereto may
   45  have an alias, pluries or other copies on making proof of such
   46  loss or destruction by affidavit and filing it in the court
   47  issuing the execution.
   48         Section 4. Subsection (1) of section 56.041, Florida
   49  Statutes, is amended to read:
   50         56.041 Executions; collection and return.—
   51         (1) All executions shall be returnable when satisfied, and
   52  the officers to whom they are delivered shall collect the
   53  amounts thereof as soon as possible and shall furnish the
   54  judgment debtor defendant with a satisfaction of judgment. All
   55  receipts shall be endorsed on the execution.
   56         Section 5. Section 56.071, Florida Statutes, is amended to
   57  read:
   58         56.071 Executions on equities of redemption; discovery of
   59  value.—On motion made by the person party causing a levy to be
   60  made on an equity of redemption, the court from which the
   61  execution issued shall order the mortgagor, mortgagee, and all
   62  other persons interested in the mortgaged property levied on to
   63  appear and be examined about the amount remaining due on the
   64  mortgage, the amount that has been paid, the person party to
   65  whom that amount has been paid, and the date when that amount
   66  was paid so that the value of the equity of redemption may be
   67  ascertained before the property is sold. The court may appoint a
   68  general or special magistrate to conduct the examination. This
   69  section shall also apply to the interest of and personal
   70  property in possession of a vendee under a retained title
   71  contract or conditional sales contract.
   72         Section 6. Section 56.09, Florida Statutes, is amended to
   73  read:
   74         56.09 Executions against corporate judgment debtors
   75  corporations; generally.—On any judgment against a corporate
   76  judgment debtor, the judgment creditor corporation plaintiff may
   77  have an execution levied on the current money as well as on the
   78  goods and chattels, lands and tenements of the corporate
   79  judgment debtor said corporation.
   80         Section 7. Section 56.10, Florida Statutes, is amended to
   81  read:
   82         56.10 Executions against corporate judgment debtors
   83  corporations; receivership.—If an execution cannot be satisfied
   84  in whole or in part for lack of property of the corporate
   85  judgment debtor defendant corporation subject to levy and sale,
   86  on motion of the judgment creditor the circuit court in chancery
   87  within whose circuit such corporate judgment debtor corporation
   88  is or has been doing business, or in which any of its effects
   89  are found, may sequestrate the property, things in action, goods
   90  and chattels of the corporate judgment debtor corporation for
   91  the purpose of enforcing the judgment, and may appoint a
   92  receiver for the corporate judgment debtor corporation. A
   93  receiver so appointed is subject to the rules prescribed by law
   94  for receivers of the property of other judgment debtors. His or
   95  her power shall extend throughout the state.
   96         Section 8. Section 56.12, Florida Statutes, is amended to
   97  read:
   98         56.12 Executions; levy, forthcoming bond.—If a judgment
   99  debtor defendant in execution wants to retake possession of any
  100  property levied on, the judgment debtor he or she may do so by
  101  executing a bond with surety to be approved by the officer in
  102  favor of the judgment creditor plaintiff in a sum double the
  103  value of the property retaken as fixed by the officer holding
  104  the execution and conditioned that the property will be
  105  forthcoming on the day of sale stated in the bond.
  106         Section 9. Section 56.15, Florida Statutes, is amended to
  107  read:
  108         56.15 Executions; stay of illegal writs.—If any execution
  109  issues illegally, the judgment debtor defendant in execution may
  110  obtain a stay by making and delivering an affidavit to the
  111  officer having the execution, stating the illegality and whether
  112  any part of the execution is due, with a bond with surety
  113  payable to the judgment creditor plaintiff in double the amount
  114  of the execution or the part of which a stay is sought
  115  conditioned to pay the execution or part claimed to be illegal
  116  and any damages for delay if the affidavit is not well founded.
  117  On receipt of such affidavit and bond the officer shall stay
  118  proceedings on the execution and return the bond and affidavit
  119  to the court from which the execution issued. The court shall
  120  pass on the question of illegality as soon as possible. If the
  121  execution is adjudged illegal in any part, the court shall stay
  122  it as to the part but if it is adjudged legal in whole or in
  123  part, the court shall enter judgment against the principal and
  124  surety on such bond for the amount of so much of the execution
  125  as is adjudged to be legal and execution shall issue thereon.
  126         Section 10. Section 56.16, Florida Statutes, is amended to
  127  read:
  128         56.16 Executions; claims of third parties to property
  129  levied on.—If any person, including a person to whom a Notice to
  130  Appear has been issued pursuant to s. 56.29(2), other than the
  131  judgment debtor defendant in execution claims any property
  132  levied on, he or she may obtain possession of the property by
  133  filing with the officer having the execution an affidavit by the
  134  claimant, or the claimant’s himself or herself, his or her agent
  135  or attorney, that the property claimed belongs to the claimant
  136  him or her and by furnishing the officer a bond with surety to
  137  be approved by the officer in favor of the judgment creditor
  138  plaintiff in double the value of the goods claimed as the value
  139  is fixed by the officer and conditioned to deliver said property
  140  on demand of said officer if it is adjudged to be the property
  141  of the judgment debtor defendant in execution and to pay the
  142  judgment creditor plaintiff all damages found against the
  143  claimant him or her if it appears that the claim was interposed
  144  for the purpose of delay.
  145         Section 11. Section 56.18, Florida Statutes, is amended to
  146  read:
  147         56.18 Executions; trial of claims of third persons.—As soon
  148  as possible after the return, or after service of a Notice to
  149  Appear pursuant to s. 56.29(2), a jury, if not waived, shall be
  150  impaneled to try the right of property. If the verdict is in
  151  favor of the judgment creditor plaintiff and it appears that the
  152  claim brought pursuant to s. 56.16 was interposed for delay, the
  153  judgment creditor plaintiff may be awarded reasonable damages,
  154  not exceeding 20 percent of the value of the property claimed.
  155  If the claimant denies in writing under oath filed at least 3
  156  days before the trial, the correctness of the appraisement of
  157  the value of the property by the officer levying the execution,
  158  and the verdict is in favor of the judgment creditor plaintiff,
  159  the jury if not waived, shall fix the value of each item
  160  thereof, or of the items covered by such denial.
  161         Section 12. Section 56.19, Florida Statutes, is amended to
  162  read:
  163         56.19 Judgments upon claims of third persons.—Upon the
  164  verdict of the jury, the court shall enter judgment deciding the
  165  right of property, and if the verdict is for the judgment
  166  creditor plaintiff, awarding a recovery by the judgment creditor
  167  plaintiff from the claimant defendant and the claimant’s his or
  168  her sureties, of the value (as fixed by the officer, or as fixed
  169  by the jury if fixed by it) of such parts of the property as the
  170  jury may have found subject to execution that were delivered to
  171  the claimant, and awarding separately such damages as the jury
  172  may be have awarded under s. 56.18, and of all costs attending
  173  the presentation and trial of the claim.
  174         Section 13. Section 56.20, Florida Statutes, is amended to
  175  read:
  176         56.20 Executions on judgments against third person
  177  claimants.—If the execution issued on the judgment is not paid,
  178  it shall be satisfied in the usual manner unless on demand of
  179  the officer holding it, the principal and surety in the claim
  180  bond deliver the property released under the claim bond to the
  181  officer and pay him or her the damages and costs awarded to the
  182  judgment creditor plaintiff. If the property is returned to the
  183  officer but damages and costs are not paid, execution shall be
  184  enforced for the damages and costs. If part of the property is
  185  returned to the officer, the execution shall be enforced for the
  186  value, fixed as aforesaid, of that not returned. All property
  187  returned shall be sold under the original execution against the
  188  judgment debtor original defendant.
  189         Section 14. Section 56.22, Florida Statutes, is amended to
  190  read:
  191         56.22 Execution sales; time, date, and place of sale.—
  192         (1) All sales of property under legal process shall take
  193  place at the time, date, and place advertised in the notice of
  194  the sheriff’s sale on any day of the week except Saturday and
  195  Sunday and shall continue from day to day until such property is
  196  disposed of.
  197         (2) Property not effectively disposed of at the initial
  198  sheriff’s sale may be readvertised, as provided in s. 56.21,
  199  upon receipt of an additional deposit to cover costs incurred in
  200  connection with the maintenance of the property under legal
  201  process. If In the event no additional deposit is received by
  202  the sheriff, the property may be returned to the judgment debtor
  203  defendant; if the judgment debtor defendant refuses to accept
  204  such property, the property may be returned to a third party,
  205  such as a lienholder, upon presentation of a proper court order
  206  directing such return. If the property cannot be returned as
  207  described in this subsection none of the above can be
  208  accomplished, such property shall be disposed of as unclaimed or
  209  abandoned.
  210         Section 15. Section 56.26, Florida Statutes, is amended to
  211  read:
  212         56.26 Executions; mandamus to force levy and sale.—When an
  213  officer holds an unsatisfied execution and refuses to levy on
  214  property liable thereunder and on which it is his or her duty to
  215  levy or having levied, refuses to advertise and sell the
  216  property levied on, the judgment creditor plaintiff in execution
  217  is entitled to an alternative writ of mandamus requiring the
  218  officer to levy such execution or advertise and sell the
  219  property levied on, or both, as the case may be.
  220         Section 16. Subsection (1) and paragraph (a) of subsection
  221  (4) of section 56.27, Florida Statutes, are amended to read:
  222         56.27 Executions; payment of money collected.—
  223         (1) All money received under executions shall be paid, in
  224  the order prescribed, to the following: the sheriff, for costs;
  225  the levying creditor in the amount of $500 as liquidated
  226  expenses; and the priority lienholder under s. 55.10(1) and (2),
  227  s. 55.202, s. 55.204(3), or s. 55.208(2), as set forth in an
  228  affidavit required by subsection (4), or the levying creditor’s
  229  his or her attorney, in satisfaction of the judgment lien, if
  230  the judgment lien has not lapsed at the time of the levy. The
  231  receipt of the attorney shall be a release of the officer paying
  232  the money to him or her. If the name of more than one attorney
  233  appears in the court file, the money shall be paid to the
  234  attorney who originally commenced the action or who made the
  235  original defense unless the file shows that another attorney has
  236  been substituted.
  237         (4) Before the date of the first publication or posting of
  238  the notice of sale provided for under s. 56.21, at the time of
  239  the levy request to the sheriff, the levying creditor shall
  240  deliver to the sheriff an affidavit setting forth all of the
  241  following as to the judgment debtor:
  242         (a) For a personal property levy, an attestation by the
  243  levying creditor or the levying creditor’s attorney of record
  244  that he or she has reviewed the database or judgment lien
  245  records established in accordance with ss. 55.201-55.209 and
  246  that the information contained in the affidavit based on that
  247  review is true and correct. For a real property levy in
  248  accordance with s. 55.10(1) and (2), an attestation by the
  249  levying creditor or the levying creditor’s his or her attorney
  250  of record that he or she has reviewed the records of the clerk
  251  of the court of the county where the property is situated, or
  252  that he or she has performed or reviewed a title search, and
  253  that the information contained in the affidavit, including a
  254  disclosure of all judgment liens, mortgages, financing
  255  statements, tax warrants, and other liens against the real
  256  property, based on that review or title search is true and
  257  correct.
  258         Section 17. Section 56.28, Florida Statutes, is amended to
  259  read:
  260         56.28 Executions; failure of officer to pay over moneys
  261  collected.—If any officer collecting money under execution fails
  262  or refuses to pay it over within 30 days after it has been
  263  received by him or her, or within 10 days after demand by the
  264  levying creditor or the levying creditor’s plaintiff or his or
  265  her attorney of record made in writing and delivered during
  266  regular business hours to the civil process bureau, the officer
  267  is liable to pay the same and 20 percent damages, to be
  268  recovered by motion in court.
  269         Section 18. Section 56.29, Florida Statutes, is amended to
  270  read:
  271         56.29 Proceedings supplementary.—
  272         (1) When any judgment creditor person or entity holds an
  273  unsatisfied judgment or judgment lien obtained under chapter 55,
  274  the judgment creditor holder or judgment lienholder may file a
  275  motion and an affidavit so stating, identifying, if applicable,
  276  the issuing court, the case number, and the unsatisfied amount
  277  of the judgment or judgment lien, including accrued costs and
  278  interest, and stating that the execution is valid and
  279  outstanding, and thereupon the judgment creditor holder or
  280  judgment lienholder is entitled to these proceedings
  281  supplementary to execution.
  282         (2) The judgment creditor shall, in the motion described in
  283  subsection (1) or in a supplemental affidavit, describe any
  284  property of the judgment debtor not exempt from execution in the
  285  hands of any person or any property, debt, or other obligation
  286  due to the judgment debtor which may be applied toward the
  287  satisfaction of the judgment. Upon filing of the motion and
  288  affidavits that property of the judgment debtor, or any debt, or
  289  other obligation due to the judgment debtor in the custody or
  290  control of any other person may be applied to satisfy the
  291  judgment, then the court shall issue a Notice to Appear. The
  292  Notice to Appear shall direct such person to file an affidavit,
  293  as provided in s. 56.16, with the court by a date certain, which
  294  date shall not be less than 7 business days from the date of
  295  service of the Notice to Appear, stating why the property, debt,
  296  or other obligation should not be applied to satisfy the
  297  judgment. For good cause shown, the court may shorten the time
  298  for serving an affidavit. The Notice to Appear must describe
  299  with reasonable particularity the property, debt, or other
  300  obligation that may be available to satisfy the judgment, must
  301  provide such person with the opportunity to present defenses,
  302  and must indicate that discovery as provided under the rules of
  303  civil procedure is available and that there is a right to a jury
  304  trial as provided in s. 56.18. The Notice to Appear must be
  305  served as provided for in chapter 48. A responding affidavit
  306  must raise any fact or defense opposing application of the
  307  property described in the Notice to Appear to satisfy the
  308  judgment, including legal defenses, such as lack of personal
  309  jurisdiction. Legal defenses need not be filed under oath but
  310  must be served contemporaneously with the affidavit On such
  311  plaintiff’s motion the court shall require the defendant in
  312  execution to appear before it or a general or special magistrate
  313  at a time and place specified by the order in the county of the
  314  defendant’s residence to be examined concerning his or her
  315  property.
  316         (3) The order shall be served in a reasonable time before
  317  the date of the examination in the manner provided for service
  318  of summons or may be served on such defendant or his or her
  319  attorney as provided for service of papers in the rules of civil
  320  procedure.
  321         (4) Testimony shall be under oath, shall be comprehensive
  322  and cover all matters and things pertaining to the business and
  323  financial interests of defendant which may tend to show what
  324  property he or she has and its location. Any testimony tending
  325  directly or indirectly to aid in satisfying the execution is
  326  admissible. A corporation must attend and answer by an officer
  327  who may be specified in the order. Examination of witnesses
  328  shall be as at trial and any party may call other witnesses.
  329         (5) The court may order any property of the judgment
  330  debtor, not exempt from execution, in the hands of any person,
  331  or any property, debt, or other obligation due to the judgment
  332  debtor, to be applied toward the satisfaction of the judgment
  333  debt. The court may entertain claims concerning the judgment
  334  debtor’s assets brought under chapter 726 and enter any order or
  335  judgment, including a money judgment against any initial or
  336  subsequent transferee, in connection therewith, irrespective of
  337  whether the transferee has retained the property. Claims under
  338  chapter 726 are subject to the provisions of chapter 726 and
  339  applicable rules of civil procedure.
  340         (3)(6)(a) When, within 1 year before the service of process
  341  on the judgment debtor in the original proceeding or action him
  342  or her, the judgment debtor defendant has had title to, or paid
  343  the purchase price of, any personal property to which the
  344  judgment debtor’s defendant’s spouse, any relative, or any
  345  person on confidential terms with the judgment debtor defendant
  346  claims title and right of possession at the time of examination,
  347  the judgment debtor defendant has the burden of proof to
  348  establish that such transfer or gift from him or her was not
  349  made to delay, hinder, or defraud creditors.
  350         (b) When any gift, transfer, assignment or other conveyance
  351  of personal property has been made or contrived by the judgment
  352  debtor to delay, hinder, or defraud creditors, the court shall
  353  order the gift, transfer, assignment or other conveyance to be
  354  void and direct the sheriff to take the property to satisfy the
  355  execution. This does not authorize seizure of property exempted
  356  from levy and sale under execution or property which has passed
  357  to a bona fide purchaser for value and without notice. Any
  358  person aggrieved by the levy or Notice to Appear may proceed
  359  under ss. 56.16-56.20.
  360         (4)(7) At any time the court may refer the proceeding to a
  361  general or special magistrate who may be directed to report
  362  findings of law or fact, or both. The general or special
  363  magistrate has all the powers thereof, including the power to
  364  issue subpoena, and shall be paid the fees provided by the court
  365  law.
  366         (5)(8) A party or a witness examined under these provisions
  367  is not excused from answering a question on the ground that the
  368  answer will tend to show him or her guilty of the commission of
  369  a fraud, or prove that he or she has been a party or privy to,
  370  or knowing of a conveyance, assignment, transfer, or other
  371  disposition of property for any purpose, or that the party or
  372  witness or another person claims to have title as against the
  373  judgment debtor defendant or to hold property derived from or
  374  through the judgment debtor defendant, or to be discharged from
  375  the payment of a debt which was due to the judgment debtor
  376  defendant or to a person on in his or her behalf of the judgment
  377  debtor. An answer cannot be used as evidence against the person
  378  so answering in any criminal proceeding.
  379         (6)(9)The court may order any property of the judgment
  380  debtor, not exempt from execution, or any property, debt, or
  381  other obligation due to the judgment debtor, in the hands of or
  382  under the control of any person subject to the Notice to Appear,
  383  to be levied upon and applied toward the satisfaction of the
  384  judgment debt. The court may enter any orders, judgments, or
  385  writs required to carry out the purpose of this section,
  386  including those orders necessary or proper to subject property
  387  or property rights of any judgment debtor to execution, and
  388  including entry of money judgments as provided in ss. 56.16
  389  56.19 against any person to whom a Notice to Appear has been
  390  directed and over whom the court obtained personal jurisdiction
  391  impleaded defendant irrespective of whether such person
  392  defendant has retained the property, subject to ss. 56.18 and
  393  56.19 and applicable principles of equity, and in accordance
  394  with chapters 76 and 77 and all applicable rules of civil
  395  procedure. Sections 56.16–56.20 apply to any order issued under
  396  this subsection.
  397         (7)(10) Any person failing to obey any order issued under
  398  this section by a judge or general or special magistrate or
  399  failing to attend in response to a subpoena served on him or her
  400  may be held in contempt.
  401         (8)(11) Costs for proceedings supplementary shall be taxed
  402  against the judgment debtor defendant as well as all other
  403  incidental costs determined to be reasonable and just by the
  404  court including, but not limited to, docketing the execution,
  405  sheriff’s service fees, and court reporter’s fees. Reasonable
  406  attorney attorney’s fees may be taxed against the judgment
  407  debtor defendant.
  408         (9) The court may entertain claims concerning the judgment
  409  debtor’s assets brought under chapter 726 and enter any order or
  410  judgment, including a money judgment against any initial or
  411  subsequent transferee, in connection therewith, irrespective of
  412  whether the transferee has retained the property. Claims under
  413  chapter 726 brought under this section shall be initiated by a
  414  supplemental complaint and served as provided by the rules of
  415  civil procedure, and the claims under the supplemental complaint
  416  are subject to chapter 726 and the rules of civil procedure. The
  417  clerk of the court shall docket a supplemental proceeding under
  418  the same case number assigned to the original complaint filed by
  419  the judgment creditor or the case number assigned to a judgment
  420  domesticated pursuant to s. 55.01, shall assign a separate
  421  supplemental proceeding number, and shall assign such
  422  supplemental proceeding to the same division and judge assigned
  423  to the main case or domesticated judgment.
  424         Section 19. Section 56.30, Florida Statutes, is created to
  425  read:
  426         56.30 Discovery in proceedings supplementary.—
  427         (1) In addition to any other discovery permitted under the
  428  rules of civil procedure, on the judgment creditor’s motion the
  429  court shall require the judgment debtor to appear before it or a
  430  general or special magistrate at a time and place specified by
  431  the order in the county of the judgment debtor’s residence or
  432  principal place of business to be examined concerning property
  433  subject to execution. This examination may occur before issuance
  434  of a Notice to Appear.
  435         (2) The order shall be served in a reasonable time before
  436  the date of the examination in the manner provided for service
  437  of summons or may be served on the judgment debtor or the
  438  judgment debtor’s attorney of record as provided for service of
  439  papers in the rules of civil procedure.
  440         (3) Testimony shall be under oath, shall be comprehensive,
  441  and cover all matters and things pertaining to the business and
  442  financial interests of the judgment debtor which may tend to
  443  show what property the judgment debtor has and its location. Any
  444  testimony tending directly or indirectly to aid in satisfying
  445  the execution is admissible. A corporate judgment debtor must
  446  attend and answer by a designee with knowledge or an identified
  447  officer or manager who may be specified in the order.
  448  Examination of witnesses shall be as at trial and any party may
  449  call other witnesses to be examined concerning property that may
  450  be subject to execution.
  451         Section 20. This act shall take effect July 1, 2016.
  452  
  453  ================= T I T L E  A M E N D M E N T ================
  454  And the title is amended as follows:
  455         Delete everything before the enacting clause
  456  and insert:
  457                        A bill to be entitled                      
  458         An act relating to judgments; creating s. 56.0101,
  459         F.S.; providing definitions for purposes of ch. 56,
  460         F.S.; amending s. 56.011, F.S.; revising terminology;
  461         amending s. 56.021, F.S.; providing that an execution
  462         is valid and effective during the life of the order on
  463         which it is issued; amending ss. 56.041, 56.071,
  464         56.09, 56.10, 56.12, and 56.15, F.S.; revising
  465         terminology; amending s. 56.16, F.S.; specifying that
  466         persons to whom a Notice to Appear has been issued may
  467         obtain possession of property levied on by complying
  468         with certain procedures; revising terminology;
  469         amending s. 56.18, F.S.; specifying that a jury, if
  470         not waived, should be empaneled as soon as possible
  471         after service of a Notice to Appear; revising
  472         terminology; amending ss. 56.19, 56.20, 56.22, 56.26,
  473         56.27, and 56.28, F.S.; revising terminology; amending
  474         s. 56.29, F.S.; revising terminology; providing for
  475         the issuance of a Notice to Appear; providing
  476         requirements for such a notice; providing for service;
  477         providing for requirements for a responding affidavit;
  478         deleting provisions relating to examinations
  479         concerning property; providing for fraudulent transfer
  480         claims; creating s. 56.30, F.S.; providing for
  481         discovery in proceedings supplementary; providing an
  482         effective date.
  483