Florida Statute 726.102 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLI
STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS

Chapter 726
FRAUDULENT TRANSFERS

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F.S. 726.102

726.102 Definitions.—As used in ss. 726.101-726.112:

(1) “Affiliate” means:

(a) A person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:

1. As a fiduciary or agent without sole discretionary power to vote the securities; or

2. Solely to secure a debt, if the person has not exercised the power to vote.

(b) A corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds, with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:

1. As a fiduciary or agent without sole power to vote the securities; or

2. Solely to secure a debt, if the person has not in fact exercised the power to vote.

(c) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or

(d) A person who operates the debtor’s business under a lease or other agreement or controls substantially all of the debtor’s assets.

(2) “Asset” means property of a debtor, but the term does not include:

(a) Property to the extent it is encumbered by a valid lien;

(b) Property to the extent it is generally exempt under nonbankruptcy law; or

(c) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.

(3) “Charitable contribution” means a charitable contribution as that term is defined in s. 170(c) of the Internal Revenue Code of 1986, if that contribution consists of:

(a) A financial instrument as defined in s. 731(c)(2)(C) of the Internal Revenue Code of 1986; or

(b) Cash.

(4) “Claim” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

(5) “Creditor” means a person who has a claim.

(6) “Debt” means liability on a claim.

(7) “Debtor” means a person who is liable on a claim.

(8) “Insider” includes:

(a) If the debtor is an individual:

1. A relative of the debtor or of a general partner of the debtor;

2. A partnership in which the debtor is a general partner;

3. A general partner in a partnership described in subparagraph 2.; or

4. A corporation of which the debtor is a director, officer, or person in control;

(b) If the debtor is a corporation:

1. A director of the debtor;

2. An officer of the debtor;

3. A person in control of the debtor;

4. A partnership in which the debtor is a general partner;

5. A general partner in a partnership described in subparagraph 4.; or

6. A relative of a general partner, director, officer, or person in control of the debtor.

1. A general partner in the debtor;

2. A relative of a general partner in, a general partner of, or a person in control of the debtor;

3. Another partnership in which the debtor is a general partner;

4. A general partner in a partnership described in subparagraph 3.; or

5. A person in control of the debtor.

(d) An affiliate, or an insider of an affiliate as if the affiliate were the debtor.

(e) A managing agent of the debtor.

(9) “Lien” means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.

(10) “Person” means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity.

(11) “Property” means anything that may be the subject of ownership.

(12) “Qualified religious or charitable entity or organization” means:

(a) An entity described in s. 170(c)(1) of the Internal Revenue Code of 1986; or

(b) An entity or organization described in s. 170(c)(2) of the Internal Revenue Code of 1986.

(13) “Relative” means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.

(14) “Transfer” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance.

(15) “Valid lien” means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.

History.—s. 2, ch. 87-79; s. 1, ch. 2013-189.

F.S. 726.102 on Google Scholar

F.S. 726.102 on Casetext

Amendments to 726.102

Arrestable Offenses / Crimes under Fla. Stat. 726.102

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 726.102.

Annotations, Discussions, Cases:

Cases Citing Statute 726.102

Total Results: 20

SARA ROSENBERG, etc. v. U.S. BANK, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2023-05-03

Snippet: See generally Chapter 87-79, Laws of Florida; §§ 726.102, 726.105, Fla Stat.; Friedman v. Heart Inst. of

MANE FL CORP v. CALE BECKMAN and MALGORZATA BECKMAN

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: person in control of the debtor.” § 726.102(8)(b)6., Fla. Stat. (2017). The statute’s use of

RREF SNV-FL SSL, LLC v. Shamrock Storage, LLC

Court: District Court of Appeal of Florida | Date Filed: 2018-06-28

Citation: 250 So. 3d 788

Snippet: statutorily defined-at the pertinent time. See § 726.102(4), Fla. Stat. (2013) (" 'Claim' means a right

National Auto Service Centers, Inc. v. F/R 550, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-03-30

Citation: 192 So. 3d 498, 2016 Fla. App. LEXIS 4820, 2016 WL 1238265

Snippet: transfer is- the disposition of an asset. See § 726.102(14) (defining a transfer as “every mode ... of

Mark S. Yaralli, etc. v. American Reprographics Company, LLC

Court: District Court of Appeal of Florida | Date Filed: 2015-05-27

Citation: 165 So. 3d 785, 2015 Fla. App. LEXIS 8024, 2015 WL 3387966

Snippet: “creditor” is defined as “a person who has a claim.” § 726,102(5), Fla. Stat. (2012). A “claim” is defined as

Puleo v. Golan

Court: District Court of Appeal of Florida | Date Filed: 2014-06-18

Citation: 201 So. 3d 37, 2014 WL 2756524, 2014 Fla. App. LEXIS 9219

Snippet: insider. [In the present case, and under section 726.102, “insider” includes Yali’s wife Leslie]. (b) The

Edwards v. Airline Support Group, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2014-05-28

Citation: 138 So. 3d 1209, 2014 WL 2197625, 2014 Fla. App. LEXIS 8092

Snippet: “affiliate” and “insider” of DAE1 as defined in section 726.102, Florida Statutes (2013), and that Edwards has

Smith v. Effective Teleservices, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2014-01-08

Citation: 133 So. 3d 1048, 2014 WL 51686, 2014 Fla. App. LEXIS 144

Snippet: a “creditor” as “a person who has a claim.” § 726.102(4), Fla. Stat. (2010). Authorized by section 727

Bedwell v. Rucks

Court: District Court of Appeal of Florida | Date Filed: 2012-10-31

Citation: 127 So. 3d 533, 2012 WL 5349381, 2012 Fla. App. LEXIS 18963

Snippet: undisputed, legal, equitable, secured, or unsecured.” § 726.102(3), Fla. Stat. (2010); see also Friedman, 863 So

REPUBLIC CREDIT CORP. I v. Upshaw

Court: District Court of Appeal of Florida | Date Filed: 2009-03-25

Citation: 10 So. 3d 1103, 2009 Fla. App. LEXIS 2475, 2009 WL 763546

Snippet: subject to attachment by a judgment creditor. See § 726.102(2)(c), Fla. Stat. (2005) (defining *1105 an asset

Freeman v. First Union Nat. Bank

Court: Supreme Court of Florida | Date Filed: 2004-01-29

Citation: 865 So. 2d 1272, 2004 WL 178598

Snippet: a "creditor." See § 726.102(4), Fla. Stat. (2002). As defined in section 726.102, a "claim" is broadly

Balsamo v. Gruppo Ceramiche Ricchetti, S.P.A.

Court: District Court of Appeal of Florida | Date Filed: 2003-12-03

Citation: 862 So. 2d 812, 2003 Fla. App. LEXIS 18367, 2003 WL 22849984

Snippet: action under sections 59.29 and 726.102, Florida Statutes. Section 726.102(12) defines “transfer” as, “[e]very

Friedman v. Heart Inst. of Port St. Lucie, Inc.

Court: Supreme Court of Florida | Date Filed: 2003-09-25

Citation: 863 So. 2d 189, 20 I.E.R. Cas. (BNA) 742, 28 Fla. L. Weekly Supp. 808, 2003 Fla. LEXIS 1619, 2003 WL 22208004

Snippet: a "creditor." See § 726.102(4), Fla. Stat. (2002). As defined in section 726.102, a "claim" is broadly

Mason v. E. Speer & Associates, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2003-02-05

Citation: 846 So. 2d 529, 2003 WL 244933

Snippet: have been a fraudulent transfer under section 726.102(12), Florida Statutes, or 11 U.S.C. § 548 which

NATIONSBANK, NA v. Coastal Utilities, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-05-01

Citation: 814 So. 2d 1227, 2002 WL 816836

Snippet: with an asset or an interest in an asset...." § 726.102(12), Fla. Stat. (1999). The broad definition includes

Levin v. Ethan Allen, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-04-17

Citation: 823 So. 2d 132, 2002 WL 561378

Snippet: contingent... unmatured, disputed ... or unsecured." § 726.102(3) and (4). Ethan Allen, by virtue of the judgment

Laboratory Corp. v. PROFESSIONAL RECOVERY

Court: District Court of Appeal of Florida | Date Filed: 2002-04-12

Citation: 813 So. 2d 266, 2002 Fla. App. LEXIS 4716, 2002 WL 537633

Snippet: no assets, as that term is defined by section 726.102(2), Florida Statutes, were transferred by DPM to

Friedman v. Heart Inst. of Port St. Lucie, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-02-06

Citation: 806 So. 2d 625

Snippet: under the Act is a "person who has a claim." § 726.102(4), Fla. Stat. (1999). A "claim" on which a creditor

Beal Bank, SSB v. Almand and Associates

Court: Supreme Court of Florida | Date Filed: 2001-03-01

Citation: 780 So. 2d 45, 26 Fla. L. Weekly Supp. 106, 2001 Fla. LEXIS 408, 2001 WL 197031

Snippet: (Fla. 4th DCA 1999) (holding that under section 726.102(c), the creditor has the initial burden of proving

State v. T.M.

Court: District Court of Appeal of Florida | Date Filed: 2000-05-17

Citation: 761 So. 2d 1140, 2000 Fla. App. LEXIS 5755

Snippet: Mississippi Univ. for Women v. Hogan, 458 U.S. 718, 726, 102 S.Ct. 3331, 73 L.Ed.2d 1090 (1982) (observing