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
judgemay 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 defendantto 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 defendantto 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.