Florida Senate - 2025 SB 1430 By Senator Collins 14-00427B-25 20251430__ 1 A bill to be entitled 2 An act relating to postjudgment execution proceedings 3 relating to terrorism; amending s. 772.13, F.S.; 4 providing additional requirements for postjudgment 5 execution proceedings to enforce judgments entered 6 against terrorist parties under specified provisions; 7 providing retroactive application of specified 8 provisions; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1.Subsection (6) of section 772.13, Florida 13 Statutes, is amended to read: 14 772.13Civil remedy for terrorism or facilitating or 15 furthering terrorism. 16 (6)(a)In any postjudgment execution proceedings to enforce 17 a judgment entered against a terrorist party under this section 18 or under 18 U.S.C. s. 2333 or a substantially similar law of the 19 United States or of any state or territory of the United States, 20 including postjudgment execution proceedings against any agency 21 or instrumentality of the terrorist party not named in the 22 judgment pursuant to s. 201(a) of the Terrorism Risk Insurance 23 Act, 28 U.S.C. s. 1610: 24 1.There is no right to a jury trial under s. 56.18 or s. 25 77.08; and 26 2.A defendant or a person may not use the resources of the 27 courts of this state in furtherance of a defense or an objection 28 to postjudgment collection proceedings if the defendant or 29 person purposely leaves the jurisdiction of this state or the 30 United States, declines to enter or reenter this state or the 31 United States to submit to its jurisdiction, or otherwise evades 32 the jurisdiction of the court in which a criminal case is 33 pending against the defendant or person. This subparagraph 34 applies to any entity that is owned or controlled by a person to 35 whom this paragraph applies; 36 3.Creditor process issued under chapter 56 or chapter 77 37 may be served upon any person or entity over whom the court has 38 personal jurisdiction. Writs of garnishment issued under s. 39 77.01 and proceedings supplementary under s. 56.29 apply to 40 intangible assets wherever located, without territorial 41 limitation, including bank accounts as defined in s. 42 674.104(1)(a), financial assets as defined in s. 678.1021(1), or 43 other intangible property as defined in s. 717.101. The situs of 44 any intangible assets held or maintained by or in the 45 possession, custody, or control of a person or entity so served 46 shall be deemed to be in this state for the purposes of a 47 proceeding under chapter 56 or chapter 77. Service of a writ or 48 notice to appear under this section shall provide the court with 49 in rem jurisdiction over any intangible assets regardless of the 50 location of the assets; 51 4.Notwithstanding s. 678.1121, the interest of a debtor in 52 a financial asset or security entitlement may be reached by a 53 creditor by legal process upon the securities intermediary with 54 whom the debtors securities account is maintained, or, if that 55 is a foreign entity, legal process under chapter 56 or chapter 56 77 may be served upon the United States securities custodian or 57 intermediary that has reported holding, maintaining, possessing, 58 or controlling the blocked financial assets or security 59 entitlements to the Office of Foreign Assets Control of the 60 United States Department of the Treasury, and such financial 61 assets or security entitlements shall be subject to execution, 62 garnishment, and turnover by the United States securities 63 custodian or intermediary; and 64 5.Notwithstanding s. 670.502(4), when an electronic funds 65 transfer is not completed within 5 banking days and is canceled 66 pursuant to s. 670.211(4) because a United States intermediary 67 financial institution has blocked the transaction in compliance 68 with a United States sanctions program, and a terrorist party or 69 any agency or instrumentality thereof was either the originator 70 or the intended beneficiary, then the blocked funds shall be 71 deemed owned by the terrorist party or its agency or 72 instrumentality and shall be subject to execution and 73 garnishment. 74 (b)Paragraph (a) applies to any postjudgment execution 75 proceedings, including creditor process under chapter 56 or 76 chapter 77 served, judgment collectible under state law and to 77 any civil action pending, or filed before, on, or after July 1, 78 2025 June 20, 2023. 79 Section 2.This act shall take effect July 1, 2025.