Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. SB 856
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             04/03/2014 04:58 PM       .                                

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