Title: Postjudgment Execution Proceedings Relating to Terrorism

Summary: Provides additional requirements for postjudgment execution proceedings to enforce judgments entered against terrorist parties under specified provisions; provides retroactive application of specified provisions.

Full Text:
An act relating to postjudgment execution proceedings relating to terrorism; amending s. 772.13, F.S.; providing additional requirements for postjudgment execution proceedings to enforce judgments entered against terrorist parties under specified provisions; providing retroactive application of specified provisions; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (6) of section 772.13, Florida Statutes, is amended to read: 772.13 Civil remedy for terrorism or facilitating or furthering terrorism.-(6)(a) In any postjudgment execution proceedings to enforce a judgment entered against a terrorist party under this section or under U.S.C. s. 2333 or a substantially similar law of the United States or of any state or territory of the United States,including postjudgment execution proceedings against any agency or instrumentality of the terrorist party not named in the judgment pursuant to s. 201(a) of the Terrorism Risk Insurance Act, U.S.C. s. 1610:1. There is no right to a jury trial under s. 56.18 or s. 77.08; and CS/HB 2025 hb265-01-c1 FL OR I DA HO US EO FR EP RE SE NT A TI VE S2. A defendant or a person may not use the resources of the courts of this state in furtherance of a defense or an objection to postjudgment collection proceedings if the defendant or person purposely leaves the jurisdiction of this state or the United States, declines to enter or reenter this state or the United Stat es to submit to its jurisdiction, or otherwise evades the jurisdiction of the court in which a criminal case is pending against the defendant or person. This subparagraph applies to any entity that is owned or controlled by a person to whom this paragraph applies; 3. Creditor process issued under chapter or chapter 36 may be served upon any person or entity over whom the court has personal jurisdiction. Writs of garnishment issued under s. 77.01 and proceedings supplementary under s. 56.29 apply to intangible assets wherever located, without territorial limitation, including bank accounts as defined in s. 674.104(1)(a), financial assets as defined in s. 678.1021(1), or other intangible property as defined in s. 717.101. The situs of any intangible asset sheld or maintained by or in the possession, custody, or control of a person or entity so served shall be deemed to be in this state for the purposes of a proceeding under chapter or chapter 77. Service of a writ or notice to appear under this section shall provide the court with in rem jurisdiction over any intangible assets regardless of the location of the assets; CS/HB 2025 hb265-01-c1 FL OR I DA HO US EO FR EP RE SE NT A TI VE S4. Notwithstanding s. 678.1121, the interest of a debtor in a financial asset or security entitlement may be reached by a creditor by le gal process upon the securities intermediary with whom the debtor's securities account is maintained, or, if that is a foreign entity, legal process under chapter or chapter may be served upon the United States securities custodian or intermediary th at has reported holding, maintaining, possessing, or controlling the blocked financial assets or security entitlements to the Office of Foreign Assets Control of the United States Department of the Treasury, and such financial assets or security entitlemen ts shall be subject to execution, garnishment, and turnover by the United States securities custodian or intermediary; and 5. Notwithstanding s. 670.502(4), when an electronic funds transfer is not completed within banking days and is canceled pursuant to s. 670.211(4) because a United States intermediary financial institution has blocked the transaction in compliance with a United States sanctions program, and a terrorist party or any agency or instrumentality thereof was either the originator or the i ntended beneficiary, then the blocked funds shall be deemed owned by the terrorist party or its agency or instrumentality and shall be subject to execution and garnishment.(b) Paragraph (a) applies to any postjudgment execution proceedings, including cr editor process under chapter or CS/HB 2025 hb265-01-c1 FL OR I DA HO US EO FR EP RE SE NT A TI VE Schapter served, judgment collectible under state law and to any civil action pending, or filed before, on, or after the effective date of this act June 20, 2023.Section 2. This act shall take effect upon becoming a law.