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FL S1566

Bill

Status

Failed

5/5/2017

Primary Sponsor

David Simmons

Click for details

Origin

Senate

2017 Regular Session

AI Summary

  • Renames Chapter 726, Florida Statutes from "Fraudulent Transfers" to "Voidable Transactions" and updates the short title of the act accordingly.

  • Revises definitions in the statute to modernize terminology, add new definitions for "electronic," "organization," "record," and "sign," and expand the definition of "person" to include additional business entity types.

  • Eliminates the partnership insolvency test under subsection (3) of section 726.103 and shifts the burden to debtors to prove non-insolvency when they are not paying debts as they become due.

  • Imposes burden of proof requirements on creditors to prove elements of claims for relief by preponderance of evidence under sections 726.105, 726.106, and 726.109, and on transferees to prove good faith status and other defenses.

  • Creates three new sections: 726.113 (governing law based on debtor location), 726.114 (application to series organizations and protected series), and 726.115 (relationship to federal Electronic Signatures Act), all effective July 1, 2017.

Legislative Description

Uniform Voidable Transactions Act

Last Action

Died in Commerce and Tourism

5/5/2017

Committee Referrals

Commerce And Tourism4/18/2017
Banking and Insurance3/14/2017

Full Bill Text

No bill text available