Bill Text: FL S1756 | 2019 | Regular Session | Introduced

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Bill Title: Protection of Property Subject to Bankruptcy or Other Proceedings

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-05-03 - Died in Banking and Insurance [S1756 Detail]

Download: Florida-2019-S1756-Introduced.html

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       Florida Senate - 2019                                    SB 1756
       
       
        
       By Senator Berman
       
       
       
       
       
       31-01982-19                                           20191756__
    1                        A bill to be entitled                      
    2         An act relating to the protection of property subject
    3         to bankruptcy or other proceedings; amending s.
    4         61.046, F.S.; providing that child support is held in
    5         trust for any child for whom such support is intended
    6         and is not considered property of the recipient;
    7         amending s. 222.201, F.S.; expanding the list of
    8         property eligible for exemption by an individual
    9         debtor under the Bankruptcy Reform Act of 1978, as
   10         amended, to include alimony, support, or separate
   11         maintenance already received; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (22) of section 61.046, Florida
   17  Statutes, is amended to read:
   18         61.046 Definitions.—As used in this chapter, the term:
   19         (22) “Support,” unless otherwise specified, means:
   20         (a) Child support and, when the child support obligation is
   21  being enforced by the Department of Revenue, spousal support or
   22  alimony for the spouse or former spouse of the obligor with whom
   23  the child is living.
   24         (b) Child support only in cases not being enforced by the
   25  Department of Revenue.
   26  
   27  Child support is held in trust for any child for whom such
   28  support is intended and such support is not the property of the
   29  recipient.
   30         Section 2. Subsection (1) of section 222.201, Florida
   31  Statutes, is amended to read:
   32         222.201 Availability of federal bankruptcy exemptions.—
   33         (1) Notwithstanding s. 222.20, an individual debtor under
   34  the federal Bankruptcy Reform Act of 1978, as amended, may
   35  exempt, in addition to any other exemptions allowed under state
   36  law, any property listed in:
   37         (a) Paragraph Subsection (d)(10) of s. 522 of that act; and
   38         (b) With respect to subparagraph (d)(10)(D) of s. 522 of
   39  that act, alimony, support, or separate maintenance that has
   40  already been received, to the extent reasonably necessary for
   41  the support of the debtor or any dependent of the debtor.
   42         Section 3. This act shall take effect July 1, 2019.