SB 856                                           First Engrossed
    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.
   18  Be It Enacted by the Legislature of the State of Florida:
   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 judge may 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 defendant to 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 defendant to 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.