reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 725 - Unenforceable Contracts › 725.07 - Discrimination on Basis of Sex, Marital Status, or Race Forbidden.

725.07 Discrimination on basis of sex, marital status, or race forbidden.—
(1) No person, as defined in s. 1.01(3) shall discriminate against any person based on sex, marital status, or race in the areas of loaning money, granting credit, or providing equal pay for equal services performed.
(2) Any violation of this section may be brought in the courts of this state by the individual upon whom the discrimination has been perpetrated in a civil action, and said individual shall be entitled to collect, not only compensatory damages, but, in addition thereto, punitive damages and reasonable attorney fees for a violation of this section.
History.—ss. 1, 2, ch. 73-251.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 725 - Unenforceable Contracts › 725.08 - Design Professional Contracts; Limitation in Indemnification.

725.08 Design professional contracts; limitation in indemnification.—
(1) Notwithstanding the provisions of s. 725.06, if a design professional provides professional services to or for a public agency, the agency may require in a professional services contract with the design professional that the design professional indemnify and hold harmless the agency, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract.
(2) Except as specifically provided in subsection (1), a professional services contract entered into with a public agency may not require that the design professional defend, indemnify, or hold harmless the agency, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding, and any such contract provision shall be void as against the public policy of this state.
(3) “Professional services contract” means a written or oral agreement relating to the planning, design, construction, administration, study, evaluation, consulting, or other professional and technical support services furnished in connection with any actual or proposed construction, improvement, alteration, repair, maintenance, operation, management, relocation, demolition, excavation, or other facility, land, air, water, or utility development or improvement.
(4) “Design professional” means an individual or entity licensed by the state who holds a current certificate of registration or is qualified under chapter 481 to practice architecture or landscape architecture, under chapter 472 to practice land surveying and mapping, or under chapter 471 to practice engineering, and who enters into a professional services contract.
(5) This section does not affect contracts or agreements entered into before the effective date of this section.
History.—s. 1, ch. 2000-162; s. 11, ch. 2001-211; s. 83, ch. 2020-160.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 726 - Fraudulent Transfers › 726.103 - Insolvency.

726.103 Insolvency.—
(1) A debtor is insolvent if the sum of the debtor’s debts is greater than all of the debtor’s assets at a fair valuation.
(2) A debtor who is generally not paying his or her debts as they become due is presumed to be insolvent.
(3) A partnership is insolvent under subsection (1) if the sum of the partnership’s debts is greater than the aggregate, at a fair valuation, of all of the partnership’s assets and the sum of the excess of the value of each general partner’s nonpartnership assets over the partner’s nonpartnership debts.
(4) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under ss. 726.101-726.112.
(5) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
History.—s. 3, ch. 87-79; s. 936, ch. 97-102.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 726 - Fraudulent Transfers › 726.104 - Value.

726.104 Value.—
(1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.
(2) For the purposes of ss. 726.105(1)(b) and 726.106, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(3) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
History.—s. 4, ch. 87-79.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 726 - Fraudulent Transfers › 726.105 - Transfers Fraudulent as to Present and Future Creditors.

726.105 Transfers fraudulent as to present and future creditors.—
(1) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(a) With actual intent to hinder, delay, or defraud any creditor of the debtor; or
(b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
1. Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
2. Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.
(2) In determining actual intent under paragraph (1)(a), consideration may be given, among other factors, to whether:
(a) The transfer or obligation was to an insider.
(b) The debtor retained possession or control of the property transferred after the transfer.
(c) The transfer or obligation was disclosed or concealed.
(d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit.
(e) The transfer was of substantially all the debtor’s assets.
(f) The debtor absconded.
(g) The debtor removed or concealed assets.
(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred.
(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred.
(j) The transfer occurred shortly before or shortly after a substantial debt was incurred.
(k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
History.—s. 5, ch. 87-79; s. 937, ch. 97-102.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 726 - Fraudulent Transfers › 726.106 - Transfers Fraudulent as to Present Creditors.

726.106 Transfers fraudulent as to present creditors.—
(1) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(2) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
History.—s. 6, ch. 87-79.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 726 - Fraudulent Transfers › 726.107 - When Transfer Made or Obligation Incurred.

726.107 When transfer made or obligation incurred.—For the purposes of ss. 726.101-726.112:
(1) A transfer is made:
(a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee.
(b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under ss. 726.101-726.112 that is superior to the interest of the transferee.
(2) If applicable law permits the transfer to be perfected as provided in subsection (1) and the transfer is not so perfected before the commencement of an action for relief under ss. 726.101-726.112, the transfer is deemed made immediately before the commencement of the action.
(3) If applicable law does not permit the transfer to be perfected as provided in subsection (1), the transfer is made when it becomes effective between the debtor and the transferee.
(4) A transfer is not made until the debtor has acquired rights in the asset transferred.
(5) An obligation is incurred:
(a) If oral, when it becomes effective between the parties; or
(b) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
History.—s. 7, ch. 87-79; s. 28, ch. 91-110.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 726 - Fraudulent Transfers › 726.108 - Remedies of Creditors.

726.108 Remedies of creditors.—
(1) In an action for relief against a transfer or obligation under ss. 726.101-726.112, a creditor, subject to the limitations in s. 726.109 may obtain:
(a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim;
(b) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with applicable law;
(c) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
1. An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
2. Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
3. Any other relief the circumstances may require.
(2) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
History.—s. 8, ch. 87-79.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 726 - Fraudulent Transfers › 726.110 - Extinguishment of Cause of Action.

726.110 Extinguishment of cause of action.—A cause of action with respect to a fraudulent transfer or obligation under ss. 726.101-726.112 is extinguished unless action is brought:
(1) Under s. 726.105(1)(a), within 4 years after the transfer was made or the obligation was incurred or, if later, within 1 year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2) Under s. 726.105(1)(b) or s. 726.106(1), within 4 years after the transfer was made or the obligation was incurred; or
(3) Under s. 726.106(2), within 1 year after the transfer was made or the obligation was incurred.
History.—s. 10, ch. 87-79.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 726 - Fraudulent Transfers › 726.111 - Supplementary Provisions.

726.111 Supplementary provisions.—Unless displaced by the provisions of ss. 726.101-726.112, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement those provisions.
History.—s. 11, ch. 87-79.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 726 - Fraudulent Transfers › 726.112 - Uniformity of Application and Construction.

726.112 Uniformity of application and construction.—Chapter 87-79, Laws of Florida, shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the law among states enacting it.
History.—s. 12, ch. 87-79.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 726 - Fraudulent Transfers › 726.201 - Fraudulent Loans Void.

726.201 Fraudulent loans void.—When any loan of goods and chattels shall be pretended to have been made to any person with whom or those claiming under her or him, possession shall have remained for the space of 2 years without demand and pursued by due process of law on the part of the pretended lender, or where any reservation or limitation shall be pretended to have been made of a use or property by way of condition, reversion, remainder or otherwise in goods and chattels, and the possession thereof shall have remained in another as aforesaid, the same shall be taken, as to the creditors and purchasers of the persons aforesaid so remaining in possession, to be fraudulent within this chapter, and the absolute property shall be with the possession, unless such loan, reservation or limitation of use or property were declared by will or deed in writing proved and recorded.
History.—s. 4, Jan. 28, 1823; s. 1, ch. 872, 1859; RS 1994; GS 2516; RGS 3871; CGL 5778; s. 938, ch. 97-102.
Note.—Former s. 726.09.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 727 - General Assignments › 727.101 - Intent of Chapter.

727.101 Intent of chapter.—The intent of this chapter is to provide a uniform procedure for the administration and orderly liquidation of insolvent estates, and to ensure full reporting to creditors and equal distribution of assets according to priorities as established under this chapter.
History.—s. 1, ch. 87-174; s. 1, ch. 2023-219.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 727 - General Assignments › 727.102 - Jurisdiction of Proceedings and Venue.

727.102 Jurisdiction of proceedings and venue.—All proceedings under this chapter shall be subject to the order and supervision of the circuit court for the county where the petition is filed in accordance with s. 727.104(2).
History.—s. 2, ch. 87-174.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 727 - General Assignments › 727.103 - Definitions.

727.103 Definitions.—As used in this chapter, unless the context requires a different meaning, the term:
(1) “Asset” means a legal or equitable interest of the assignor in property, which includes anything that may be the subject of ownership, whether real or personal, tangible or intangible, including claims and causes of action, whether arising by contract or in tort, wherever located, and by whomever held at the date of the assignment, except property exempt by law from forced sale.
(2) “Assignee” means a natural person solely in such person’s capacity as an assignee for the benefit of creditors under the provisions of this chapter, which assignee shall not be a creditor or an equity security holder or have any interest adverse to the interest of the estate.
(3) “Assignor” means the person or entity that has executed and delivered the assignment to the assignee.
(4) “Assignment” means an assignment for the benefit of creditors made under this chapter.
(5) “Claims bar date” means the date that is 120 days after the date on which the petition is filed with the court.
(6) “Consensual lienholder” means a creditor that has been granted a security interest or lien in personal property or real property of the assignor prior to the date on which a petition is filed with the court and whose security interest or lien has been perfected in accordance with applicable law.
(7) “Court” means the circuit court where the petition is filed in accordance with s. 727.104(2).
(8) “Creditor” means any person having a claim against the assignor, whether such claim is contingent, liquidated, unliquidated, or disputed.
(9) “Estate” means all of the assets of the assignor.
(10) “Filing date” means the date upon which the original petition is filed in accordance with s. 727.104(2).
(11) “Lien” means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.
(12) “Liquidation value” means the value in cash obtainable upon a forced sale of assets after payment of valid liens encumbering said assets.
(13) “Negative notice” means notice as set forth in s. 727.111(4) which, unless a response is filed within 21 days after the date of service thereof, allows certain actions set forth in the notice to occur.
(14) “Petition” means the initial document filed with the court, as set forth in s. 727.104(2), establishing the court’s jurisdiction under this chapter.
History.—s. 3, ch. 87-174; s. 1, ch. 89-54; s. 3, ch. 2007-185; s. 1, ch. 2013-244.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 727 - General Assignments › 727.105 - Actions Against Assignee.

727.105 Actions against assignee.—
(1) An action may not be commenced against the assignee except as provided in this chapter, but nothing contained in this chapter affects any action or proceeding by a governmental unit to enforce such governmental unit’s police or regulatory power. Except in the case of a consensual lienholder enforcing its rights in personal property or real property collateral, there shall be no levy, execution, attachment, or the like in respect of any judgment against assets of the estate in the possession, custody, or control of the assignee.
(2) The assignee may:
(a) Rely on any outstanding court orders, judgments, decrees, and rules of law, and is not personally liable for the assignee’s own good faith compliance with any such orders, judgments, decrees, or rules of law.
(b) Rely on, and shall be protected in any action by, any resolution, certificate, statement, opinion, report, notice, consent, or other document believed by the assignee to be genuine and to have been signed or presented by the proper parties.
(3) The assignee is not personally liable for:
(a) The assignee’s good faith compliance with his or her duties and responsibilities as an assignee.
(b) The assignee’s acts or omissions, except upon a finding by the court presiding over an action or proceeding under this chapter that the assignee’s acts or omissions:
1. Were outside the scope of his or her duties;
2. Were grossly negligent; or
3. Constitute malfeasance.
(4)(a) Except for matters in paragraph (3)(b), any creditor or party in interest seeking to assert a claim against the assignee must look only to the assignment estate assets and any bond posted by the assignee to satisfy any liability, and the assignee is not personally liable to satisfy any such obligation.
(b) Any creditor or party in interest seeking to assert a claim against the assignee under paragraph (3)(b) must first obtain leave of the court presiding over the assignment action or proceeding based upon good cause shown.
(5) Any claim against the assignee, or any agent or professional of the assignee who assists the assignee in the administration of the estate, must be brought before the discharge of the assignee under s. 727.116 to the extent the claim has accrued and is predicated upon facts that are known or reasonably should have been known at the time of the discharge, at which point all such claims are deemed released and forever barred.
(6) This section does not alter or limit any other immunity otherwise held by the assignee or any agent or professional of the assignee who assists the assignee in the administration of the estate.
History.—s. 5, ch. 87-174; s. 5, ch. 2007-185; s. 3, ch. 2023-219.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 727 - General Assignments › 727.106 - Turnover.

727.106 Turnover.—Any person or entity in possession, custody, or control of assets of the estate, other than a creditor holding a lien or a right of setoff or recoupment with respect to the subject assets, shall, upon notice by the assignee of the assignment proceeding, promptly turn such assets over to the assignee or the assignee’s duly authorized representative.
History.—s. 6, ch. 87-174; s. 940, ch. 97-102; s. 4, ch. 2023-219.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 727 - General Assignments › 727.107 - Duties of Assignor.

727.107 Duties of assignor.—The assignor shall:
(1) Assist the assignee in the administration of the estate and comply with all orders of the court;
(2) Upon delivery of the assignment to the assignee, deliver to the assignee all of the assets of the estate in the assignor’s possession, custody, or control, including, but not limited to, all accounts, books, papers, records, and other documents; and
(3) Within 30 days after the filing date, submit to examination by the assignee, under oath, concerning the acts, conduct, assets, liabilities, and financial condition of the assignor or any matter related to the assignee’s administration of the estate.
History.—s. 7, ch. 87-174.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 727 - General Assignments › 727.109 - Power of the Court.

727.109 Power of the court.—The court shall have power to:
(1) Enforce all provisions of this chapter.
(2) Set, approve, or reconsider the amount of the assignee’s bond.
(3) Upon notice and a hearing, if requested, authorize the business of the assignor to be conducted by the assignee for longer than 45 calendar days, if in the best interest of the estate.
(4) Allow or disallow claims against the estate and determine their priority and establish a deadline, upon motion by the assignee, for the filing of all claims against the assignment estate arising on or after the date on which the assignor’s petition for assignment was filed with the court. The deadline may not occur less than 30 days before notice is received by mail of the order establishing the deadline.
(5) Determine any claims of exemption by the assignor, if disputed.
(6) Authorize the assignee to reject an unexpired lease of nonresidential real property or of personal property under which the assignor is the lessee pursuant to s. 727.108(5).
(7) Upon notice as provided under s. 727.111 to all creditors and consensual lienholders, hear and determine a motion brought by the assignee for approval of a proposed sale of assets of the estate other than in the ordinary course of business, or the compromise or settlement of a controversy, and enter an order granting such motion notwithstanding the lack of objection if the assignee reasonably believes that such order is necessary to proceed with the action contemplated by the motion.
(8) Hear and determine any of the following actions brought by the assignee, which she or he is empowered to maintain:
(a) Enforce the turnover of assets of the estate pursuant to s. 727.106.
(b) Determine the validity, priority, and extent of a lien or other interests in assets of the estate, or to subordinate or avoid an unperfected security interest pursuant to the assignee’s rights as a lien creditor under s. 679.3171.
(c) Avoid any conveyance or transfer void or voidable by law.
(9) Approve the assignee’s final report and interim and final distributions to creditors.
(10) Approve reasonable fees and the reimbursement of expenses for the assignee and all professional persons retained by the assignee, upon objection of a party in interest or upon the court’s own motion.
(11) Hear and determine any motion brought by a party in interest or by the court to close the estate after the passage of 1 year from the date of filing of the petition.
(12) Discharge the assignee and the assignee’s surety from liability upon matters included in the assignee’s final report.
(13) Reopen estates for cause shown.
(14) Punish by contempt any failure to comply with the provisions of this chapter or any order of the court made pursuant to this chapter.
(15) Exercise any other powers that are necessary to enforce or carry out the provisions of this chapter.
History.—s. 9, ch. 87-174; s. 942, ch. 97-102; s. 146, ch. 2007-5; s. 7, ch. 2007-185; s. 4, ch. 2013-244.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 727 - General Assignments › 727.110 - Actions by Assignee and Other Parties in Interest.

727.110 Actions by assignee and other parties in interest.—
(1) All matters requiring court authorization under this chapter shall be brought by motion, except for the following matters, which shall be brought by supplemental proceeding, as provided in subsection (2):
(a) An action by the assignee to recover money or other assets of the estate;
(b) An action by the assignee to determine the validity, priority, or extent of a lien or other interest in property or to subordinate or avoid an unperfected security interest under s. 727.109(8)(b); and
(c) An action by the assignee to avoid any conveyance or transfer void or voidable by law under s. 727.109(8)(c).
(2) A supplemental proceeding is an action of the type designated in paragraphs (1)(a), (b), and (c) and shall be brought as follows:
(a) The Florida Rules of Civil Procedure shall apply to supplemental proceedings, except where inconsistent with the provisions of this chapter.
(b) The clerk of the court shall docket a supplemental proceeding under both the same case number assigned to the original petition filed by the assignee pursuant to s. 727.104 and a separate supplemental proceeding number, and shall assign such supplemental proceeding to the same division and judge assigned to the main case.
(c) All pleadings and other papers filed in a supplemental proceeding shall contain a separate subcaption and the supplemental proceeding number in addition to the caption and case number applicable to the main case.
(3) As to an assignee’s rejection of an unexpired lease of nonresidential real property or of personal property, as provided under ss. 727.108(5) and 727.109(6):
(a) The assignee shall file a notice of rejection with the court and serve a copy, by negative notice as defined in s. 727.103, on the owner or lessor of the affected property and, for personal property, on the landlord of the premises on which the property is located. A notice of rejection relating to personal property must identify the affected property, the address at which the affected property is located, the name and telephone number of the person in possession of the affected property, and the deadline for removal of the affected property.
(b) The effective date of the rejection is the date of entry of a court order authorizing such rejection, unless the court orders otherwise.
(c) If the lessor of the affected property fails to take possession thereof after notice of the rejection, the estate’s rights and obligations to and liability for the property terminate upon the effective date of the rejection.
History.—s. 10, ch. 87-174; s. 8, ch. 2007-185; s. 5, ch. 2013-244; s. 5, ch. 2023-219.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 727 - General Assignments › 727.112 - Proof of Claim.

727.112 Proof of claim.—
(1) All claims other than claims of creditors with liens on assets of the estate, whether contingent, liquidated, unliquidated, or disputed, which arose prior to the filing date, must be filed in accordance with the provisions of this chapter, and any such claim not so filed is barred from any further recovery against the estate.
(2) Claims shall be filed by delivering the claim to the assignee within 120 days from the filing date unless for cause shown.
(3) Claims shall be in written form entitled “proof of claim,” setting forth the name and address of the creditor and the nature and amount of the claim, and executed by the creditor or the creditor’s authorized agent.
(4) When a claim or an interest in property of the assignor securing the claim is based on a writing, the original or a copy of such writing shall be filed with the proof of claim, together with evidence of perfection of any security interest, if applicable.
(5) A proof of claim, executed and delivered in accordance with this section, shall constitute prima facie evidence of the validity and amount of the claim.
(6) If a claim for damages results from the assignee’s rejection of a lease of real property, the claim shall be limited to:
(a) The rent reserved by such lease, without acceleration, for the greater of 1 year or 15 percent of the remaining term of the lease, following the earlier of the date of assignment or the date on which the lessor repossessed, or the lessee surrendered, the leased property; and
(b)1. Any unpaid rent due under the lease, without acceleration, on the earlier of the dates specified in paragraph (a);
2. Reasonable attorney’s fees and costs incurred by the lessor in connection with the lease; and
3. The lessor’s reasonable costs incurred in reletting the premises previously leased by the assignor.
(7) If a claim for damages results from the termination of an employment contract, the claim shall be limited to:
(a) The compensation provided by the contract, without acceleration, for 1 year following the earlier of the date of assignment or the date on which the assignor or assignee, as applicable, directed the employee to terminate, or such employee terminated, performance under the contract; and
(b) Any unpaid compensation due under the contract, without acceleration, on the earlier of the dates specified in paragraph (a).
History.—s. 12, ch. 87-174; s. 10, ch. 2007-185.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 727 - General Assignments › 727.113 - Objections to Claims.

727.113 Objections to claims.—
(1) At any time before the entry of an order approving the assignee’s final report, the assignee or any party in interest may file with the court an objection to a claim, which objection must be in writing and set forth the nature of the objection, and shall serve a copy thereof on the creditor at the address provided in the proof of claim, and to the assignee and the assignee’s attorney, if any. The objection may be served on negative notice. All claims properly filed with the assignee and not disallowed by the court constitute all claims entitled to distribution from the estate.
(2) Following expiration of the claims bar date, the assignee shall create a register of all creditors that have filed claims against the assignor’s estate and shall make the register available upon request to any creditor or other party in interest.
(3) The assignee, as well as any creditor or any party in interest, has standing to challenge the validity, extent, or priority of any claim filed by a creditor against the assignor’s estate.
(4) A creditor whose claim is secured by a lien against property of the estate has 60 days following the sale or disposition of the property securing his or her claim to file a claim for an unsecured deficiency, notwithstanding the passage of the last date in which a proof of claim may be served upon the assignee set forth in s. 727.112(2). If such a creditor fails to file with the assignee a deficiency claim within 10 days after the filing and service by mail of the assignee’s final report of all receipts and disbursements, the creditor’s deficiency claim shall be disallowed as untimely, and the creditor is not entitled to share in any distribution made to holders of unsecured claims under s. 727.114(1)(f) on account of its deficiency claim.
(5) The discovery provisions of the Florida Rules of Civil Procedure apply to objections to claims in all cases pending on July 1, 2013, or filed thereafter.
History.—s. 13, ch. 87-174; s. 11, ch. 2007-185; s. 7, ch. 2013-244.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 727 - General Assignments › 727.115 - Resignation or Removal of Assignee.

727.115 Resignation or removal of assignee.—
(1) The court shall remove or replace the assignee on application of the assignor, of the assignee, or of any creditor, or on its own motion, if the assignee has not executed and filed the bond required by s. 727.104(2); if the assignee resigns, refuses, or fails to serve for any reason; or for good cause.
(2) Upon removal, resignation, or death of the assignee, the court shall appoint a replacement assignee if the court deems in its discretion that further administration of the estate is required. Upon executing and filing a bond pursuant to s. 727.104(2), the replacement assignee shall forthwith take possession of the estate and assume her or his duties as assignee.
(3) Whenever the court shall be satisfied that the assignee so removed or replaced has fully accounted for and turned over to the replacement assignee appointed by the court all of the property of the estate and has filed a report of all receipts and disbursements during her or his tenure as assignee, the court shall enter an order discharging the assignee from all further duties, liabilities, and responsibilities as assignee after notice and a hearing.
History.—s. 15, ch. 87-174; s. 944, ch. 97-102.
2023 Florida Statutes › Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments › Chapter 727 - General Assignments › 727.116 - Assignee’s Final Report and Discharge.

727.116 Assignee’s final report and discharge.—
(1) Upon distribution of all assets of the estate, the assignee shall petition the court for his or her discharge upon notice and a hearing in accordance with s. 727.111(5).
(2) The assignee’s final report setting forth all receipts and disbursements of the estate shall be annexed to the petition for discharge and filed with the court.
(3) Upon approval of the final report, the court shall discharge the assignee and release his or her bond.
(4) The assignee’s discharge shall have the effect of releasing him or her from any duties, liabilities, and responsibilities as assignee pursuant to the provisions of the assignment and this chapter.
History.—s. 16, ch. 87-174; s. 945, ch. 97-102.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.005 - Short title.

731.005 Short title.—Chapters 731-735 shall be known and may be cited as the Florida Probate Code and referred to as the “code.”
History.—s. 1, ch. 74-106; s. 1, ch. 75-220; s. 4, ch. 2001-226.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.011 - Determination of substantive rights; procedures.

731.011 Determination of substantive rights; procedures.—The code became effective on January 1, 1976. The substantive rights of all persons that vested prior to January 1, 1976, shall be determined as provided in former chapters 731-737 and 744-746. The procedures for the enforcement of vested substantive rights shall be as provided in the Florida Probate Rules.
History.—s. 4, ch. 74-106; ss. 2, 113, ch. 75-220; s. 5, ch. 2001-226.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.102 - Construction against implied repeal.

731.102 Construction against implied repeal.—This code is intended as unified coverage of its subject matter. No part of it shall be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
History.—s. 1, ch. 74-106; s. 2, ch. 75-220.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.103 - Evidence as to death or status.

731.103 Evidence as to death or status.—In proceedings under this code and under chapter 736, the following additional rules relating to determination of death and status are applicable:
(1) An authenticated copy of a death certificate issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date, and time of death and the identity of the decedent.
(2) A copy of any record or report of a governmental agency, domestic or foreign, that a person is alive, missing, detained, or, from the facts related, presumed dead is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
(3) A person who is absent from the place of his or her last known domicile for a continuous period of 5 years and whose absence is not satisfactorily explained after diligent search and inquiry is presumed to be dead. The person’s death is presumed to have occurred at the end of the period unless there is evidence establishing that death occurred earlier. Evidence showing that the absent person was exposed to a specific peril of death may be a sufficient basis for the court determining at any time after such exposure that he or she died less than 5 years after the date on which his or her absence commenced. A petition for this determination shall be filed in the county in Florida where the decedent maintained his or her domicile or in any county of this state if the decedent was not a resident of Florida at the time his or her absence commenced.
(4) This section does not preclude the establishment of death by direct or circumstantial evidence prior to expiration of the 5-year time period set forth in subsection (3).
History.—s. 1, ch. 74-106; s. 2, ch. 75-220; s. 946, ch. 97-102; s. 1, ch. 2003-154; s. 27, ch. 2006-217.
Note.—Created from former s. 734.34.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.1035 - Applicable rules of evidence.

731.1035 Applicable rules of evidence.—In proceedings under this code, the rules of evidence in civil actions are applicable unless specifically changed by the code.
History.—s. 28, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.104 - Verification of documents.

731.104 Verification of documents.—When verification of a document is required in this code or by rule, the document filed shall include an oath or affirmation as provided in the Florida Probate Rules. Any person who willfully includes a false statement in the document shall be guilty of perjury.
History.—s. 1, ch. 74-106; s. 2, ch. 75-220; s. 6, ch. 2001-226.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.105 - In rem proceeding.

731.105 In rem proceeding.—Probate proceedings are in rem proceedings.
History.—s. 3, ch. 75-220.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.1055 - Disposition of real property.

731.1055 Disposition of real property.—The validity and effect of a disposition, whether intestate or testate, of real property in this state shall be determined by Florida law.
History.—s. 1, ch. 2016-189.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.106 - Assets of nondomiciliaries.

731.106 Assets of nondomiciliaries.—
(1) A debt in favor of a nondomiciliary, other than one evidenced by investment or commercial paper or other instrument, is located in the county where the debtor resides or, if the debtor is not an individual, at the place where the debtor has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is at the time of death.
(2) When a nonresident decedent, whether or not a citizen of the United States, provides by will that the testamentary disposition of tangible or intangible personal property having a situs within this state shall be construed and regulated by the laws of this state, the validity and effect of the dispositions shall be determined by Florida law. The court may, and in the case of a decedent who was at the time of death a resident of a foreign country the court shall, direct the personal representative appointed in this state to make distribution directly to those designated by the decedent’s will as beneficiaries of the tangible or intangible property or to the persons entitled to receive the decedent’s personal estate under the laws of the decedent’s domicile.
History.—s. 3, ch. 75-220; s. 1, ch. 77-174; s. 947, ch. 97-102; s. 7, ch. 2001-226; s. 2, ch. 2016-189.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.1065 - Precious metals.

731.1065 Precious metals.—
(1) For the purposes of the code, precious metals in any tangible form, such as bullion or coins kept and acquired for their historical, artistic, collectable, or investment value apart from their normal use as legal tender for payment, are tangible personal property.
(2) This section is intended to clarify existing law and applies retroactively to all written instruments executed before, on, or after July 1, 2020, as well as all proceedings pending or commenced before, on, or after July 1, 2020, in which the disposition of precious metals in any tangible form has not been finally determined.
History.—s. 1, ch. 2020-67.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.109 - Seal of the court.

731.109 Seal of the court.—For the purposes of this code, the seal of the clerk of the circuit court is the seal of the court.
History.—s. 3, ch. 75-220.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.110 - Caveat; proceedings.

731.110 Caveat; proceedings.—
(1) Any interested person who is apprehensive that an estate, either testate or intestate, will be administered or that a will may be admitted to probate without that person’s knowledge may file a caveat with the court. The caveat of the interested person, other than a creditor, may be filed before or after the death of the person for whom the estate will be, or is being, administered. The caveat of a creditor may be filed only after the person’s death.
(2) If the caveator is a nonresident and is not represented by an attorney admitted to practice in this state who has signed the caveat, the caveator must designate some person residing in the county in which the caveat is filed as the agent of the caveator, upon whom service may be made; however, if the caveator is represented by an attorney admitted to practice in this state who has signed the caveat, it is not necessary to designate a resident agent.
(3) If a caveat has been filed by an interested person other than a creditor, the court may not admit a will of the decedent to probate or appoint a personal representative until formal notice of the petition for administration has been served on the caveator or the caveator’s designated agent and the caveator has had the opportunity to participate in proceedings on the petition, as provided by the Florida Probate Rules. This subsection does not require a caveator to be served with formal notice of its own petition for administration.
(4) A caveat filed before the death of the person for whom the estate will be administered expires 2 years after filing.
History.—s. 3, ch. 75-220; s. 2, ch. 77-87; s. 1, ch. 85-79; s. 2, ch. 92-200; s. 948, ch. 97-102; s. 9, ch. 2001-226; s. 2, ch. 2007-74; s. 3, ch. 2010-132; s. 5, ch. 2013-172.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part I - Short Title; Construction (Ss. 731.005-731.155) › 731.155 - Applicability.

731.155 Applicability.—This act shall take effect January 1, 2002. The substantive rights of all persons that have vested prior to January 1, 2002, shall be determined as provided in former chapters 63, 215, 409, 660, and 731-737 as they existed prior to January 1, 2002. The procedures for the enforcement of substantive rights which have vested prior to January 1, 2002, shall be as provided in this act, except that any Family Administration filed before January 1, 2002, may be completed as a Family Administration.
History.—s. 195, ch. 2001-226.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part III - Notice and Representation (Ss. 731.301-731.401) › 731.301 - Notice.

731.301 Notice.—
(1) If notice to an interested person of a petition or other proceeding is required, the notice shall be given to the interested person or that person’s attorney as provided in the code or the Florida Probate Rules.
(2) In a probate proceeding, formal notice to a person is sufficient notice for the court to exercise its in rem jurisdiction over the person’s interest in the estate property or in the decedent’s protected homestead. The court does not acquire personal jurisdiction over a person by service of formal notice.
(3) Persons given proper notice of a proceeding are bound by all orders entered in that proceeding.
History.—s. 1, ch. 74-106; s. 5, ch. 75-220; s. 3, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 93-257; s. 64, ch. 95-211; s. 950, ch. 97-102; s. 12, ch. 2001-226; s. 5, ch. 2010-132; s. 3, ch. 2020-67.
Note.—Created from former s. 732.28.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part III - Notice and Representation (Ss. 731.301-731.401) › 731.302 - Waiver and consent by interested person.

731.302 Waiver and consent by interested person.—Subsequent to the filing of a petition for administration, an interested person, including a guardian ad litem, administrator ad litem, guardian of the property, personal representative, trustee, or other fiduciary, or a sole holder or all coholders of a power of revocation or a power of appointment, may waive, to the extent of that person’s interest or the interest which that person represents, subject to the provisions of ss. 731.303 and 733.604, any right or notice or the filing of any document, exhibit, or schedule required to be filed and may consent to any action or proceeding which may be required or permitted by this code.
History.—s. 1, ch. 74-106; s. 6, ch. 75-220; s. 4, ch. 77-87; s. 267, ch. 79-400; s. 3, ch. 84-106; s. 25, ch. 2003-154.
Note.—Created from former s. 732.28.