Florida 2025 2025 Regular Session

Florida House Bill H0265 Introduced / Bill

Filed 01/28/2025

                       
 
HB 265   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb265-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to postjudgment proceedings in civil 2 
actions relating to terrorism; amending s. 772.13, 3 
F.S.; providing additional requirements for 4 
postjudgment execution proceedings to enforce 5 
judgments under specified provisions; providing an 6 
effective date. 7 
 8 
Be It Enacted by the Legislature of the State of Florida: 9 
 10 
 Section 1.  Subsection (6) of section 772.13, Florida 11 
Statutes, is amended t o read: 12 
 772.13  Civil remedy for terrorism or facilitating or 13 
furthering terrorism. — 14 
 (6)(a)  In any postjudgment execution proceedings to 15 
enforce a judgment entered under this section or under 18 U.S.C. 16 
s. 2333 or a substantially similar law of the Unite d States or 17 
of any state or territory of the United States: 18 
 1.  There is no right to a jury trial under s. 56.18 or s. 19 
77.08; and 20 
 2.  A defendant or a person may not use the resources of 21 
the courts of this state in furtherance of a defense or 22 
objection to postjudgment collection proceedings if the 23 
defendant or person purposely leaves the jurisdiction of this 24 
state or the United States, declines to enter or reenter this 25     
 
HB 265   	2025 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
state or the United States to submit to its jurisdiction, or 26 
otherwise evades the juris diction of the court in which a 27 
criminal case is pending against the defendant or person. This 28 
subparagraph applies to any entity that is owned or controlled 29 
by a person to whom this paragraph applies ; 30 
 3.  Creditor process issued under chapter 56 or chapt er 77 31 
may be served anywhere in the United States. Writs of 32 
garnishment issued under s. 77.01 and proceedings supplementary 33 
under s. 56.29 apply to intangible assets wherever located, 34 
including bank accounts as defined in s. 674.104(1)(a), 35 
financial assets as defined in s. 678.1021(1)(i), or other 36 
intangible property as defined in s. 717.101; 37 
 4.  Notwithstanding s. 678.1121, the interest of a debtor 38 
in a security entitlement may be reached by a creditor by legal 39 
process upon the securities intermediary wit h whom the debtor's 40 
securities account is maintained or, if that is a foreign 41 
entity, legal process may be served upon the United States 42 
securities intermediary that has reported holding or maintaining 43 
the blocked security assets to the Office of Foreign A ssets 44 
Control of the United States Department of the Treasury; and 45 
 5.  Notwithstanding s. 670.502(4), when an electronic funds 46 
transfer is not completed within 5 banking days and is canceled 47 
pursuant to s. 670.211(4) because a United States intermediary 48 
financial institution has blocked the transaction in compliance 49 
with a United States sanctions program, and a terrorist party or 50     
 
HB 265   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
any agency or instrumentality thereof was either the originator 51 
or the intended beneficiary, then the blocked funds shall be 52 
deemed owned by the agency or instrumentality and shall be 53 
subject to execution and garnishment . 54 
 (b)  Paragraph (a) applies to any judgment collectible 55 
under state law and to any civil action pending or filed on or 56 
after June 20, 2023. 57 
 Section 2. This act shall take effect July 1, 2025. 58