Florida 2025 Regular Session

Florida House Bill H0265 Latest Draft

Bill / Comm Sub Version Filed 03/14/2025

                               
 
CS/HB 265  	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb265-01-c1 
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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 execution proceedings 2 
relating to terrorism; amending s. 772.13, F.S.; 3 
providing additional requirements for postjudgment 4 
execution proceedings to enforce judgments entered 5 
against terrorist parties under specified provisions; 6 
providing retroactive application of specified 7 
provisions; providing an effective date. 8 
 9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 Section 1.  Subsection (6) of section 772.13, Florida 12 
Statutes, is amended to read: 13 
 772.13  Civil remedy for terrorism or facilitating or 14 
furthering terrorism. — 15 
 (6)(a)  In any postjudgment execution proceedings to 16 
enforce a judgment entered against a terrorist party under this 17 
section or under 18 U.S.C. s. 2333 or a substantially similar 18 
law of the United States or of any state or territory of the 19 
United States, including postjudgment execution proceedings 20 
against any agency or instrumentality of the terrorist party not 21 
named in the judgment pursuant to s. 201(a) of the Terrorism 22 
Risk Insurance Act, 28 U.S.C. s. 1610 : 23 
 1.  There is no right to a jury trial under s. 56.18 or s. 24 
77.08; and 25     
 
CS/HB 265  	2025 
 
 
 
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 2.  A defendant or a person may not use the resources of 26 
the courts of this state in furtherance of a defense or an 27 
objection to postjudgment collection proceedings if the 28 
defendant or person purposely leaves the jurisdiction of this 29 
state or the United States, declines to enter or reenter this 30 
state or the United Stat es to submit to its jurisdiction, or 31 
otherwise evades the jurisdiction of the court in which a 32 
criminal case is pending against the defendant or person. This 33 
subparagraph applies to any entity that is owned or controlled 34 
by a person to whom this paragraph applies; 35 
 3.  Creditor process issued under chapter 56 or chapter 77 36 
may be served upon any person or entity over whom the court has 37 
personal jurisdiction. Writs of garnishment issued under s. 38 
77.01 and proceedings supplementary under s. 56.29 apply to 39 
intangible assets wherever located, without territorial 40 
limitation, including bank accounts as defined in s. 41 
674.104(1)(a), financial assets as defined in s. 678.1021(1), or 42 
other intangible property as defined in s. 717.101. The situs of 43 
any intangible asset s held or maintained by or in the 44 
possession, custody, or control of a person or entity so served 45 
shall be deemed to be in this state for the purposes of a 46 
proceeding under chapter 56 or chapter 77. Service of a writ or 47 
notice to appear under this section shall provide the court with 48 
in rem jurisdiction over any intangible assets regardless of the 49 
location of the assets; 50     
 
CS/HB 265  	2025 
 
 
 
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 4.  Notwithstanding s. 678.1121, the interest of a debtor 51 
in a financial asset or security entitlement may be reached by a 52 
creditor by legal process upon the securities intermediary with 53 
whom the debtor's securities account is maintained, or, if that 54 
is a foreign entity, legal process under chapter 56 or chapter 55 
77 may be served upon the United States securities custodian or 56 
intermediary that has reported holding, maintaining, possessing, 57 
or controlling the blocked financial assets or security 58 
entitlements to the Office of Foreign Assets Control of the 59 
United States Department of the Treasury, and such financial 60 
assets or security entitlemen ts shall be subject to execution, 61 
garnishment, and turnover by the United States securities 62 
custodian or intermediary; and 63 
 5.  Notwithstanding s. 670.502(4), when an electronic funds 64 
transfer is not completed within 5 banking days and is canceled 65 
pursuant to s. 670.211(4) because a United States intermediary 66 
financial institution has blocked the transaction in compliance 67 
with a United States sanctions program, and a terrorist party or 68 
any agency or instrumentality thereof was either the originator 69 
or the intended beneficiary, then the blocked funds shall be 70 
deemed owned by the terrorist party or its agency or 71 
instrumentality and shall be subject to execution and 72 
garnishment. 73 
 (b)  Paragraph (a) applies to any postjudgment execution 74 
proceedings, including cr editor process under chapter 56 or 75     
 
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chapter 77 served, judgment collectible under state law and to 76 
any civil action pending, or filed before, on, or after the 77 
effective date of this act June 20, 2023. 78 
 Section 2. This act shall take effect upon becoming a law. 79