Florida 2018 Regular Session Status: In Committee

HB 421 — Homestead Waivers

Last action — Laid on Table, companion bill(s) passed, see CS/SB 512 (Ch. 2018-22)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

14 added · 14 removed

14 line(s) added, 14 removed.

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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 HB 421 2018 A bill to be entitled An act relating to homestead waivers;
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 CS/HB 421 2018 A bill to be entitled An act relating to homestead waivers;
9 Section 1.
9 Section 1.Section 732.7025, Florida Statutes, is created to read:
Section 732.7025, Florida Statutes, is created to read:
732.7025 Waiver of homestead rights through deed.— (1) A spouse waives his or her rights as a surviving spouse with respect to the devise restrictions under s.
732.7025 Waiver of homestead rights through deed.— (1) A spouse is presumed to have waived his or her rights as a surviving spouse with respect to the devise restrictions under s.
"By joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me." (2) The waiver language in subsection (1) may not be considered a waiver of the protection against the owner's creditor claims during the owner's lifetime and after death.
"By executing or joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me." (2) The waiver language in subsection (1) may not be considered a waiver of the protection against the owner's creditor claims during the owner's lifetime and after death.
hb0421-00 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 HB 421 2018 against alienation by mortgage, sale, gift, or deed without the joinder of the owner's spouse.
hb0421-01-c1 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 CS/HB 421 2018 against alienation by mortgage, sale, gift, or deed without the joinder of the owner's spouse.
hb0421-00
hb0421-01-c1
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/SB 512 (Ch. 2018-22)

  2. Substituted CS/SB 512

  3. Placed on 3rd reading

  4. Read 2nd time

  5. Placed on Special Order Calendar, 03/02/18

  6. Placed on Calendar

  7. CS by Judiciary Committee read 1st time

  8. Pending review of CS -under Rule 7.18(c)

  9. CS by- Judiciary Committee; YEAS 18 NAYS 0

  10. On Committee agenda-- Judiciary Committee, 02/15/18, 9:00 am, Sumner Hall

  11. Now in Judiciary Committee

  12. Favorable by Agriculture and Property Rights Subcommittee; YEAS 13 NAYS 0

  13. Introduced

  14. On Committee agenda-- Agriculture and Property Rights Subcommittee, 01/09/18, 1:00 pm, 12 HOB

  15. Now in Agriculture and Property Rights Subcommittee

  16. Favorable by Civil Justice and Claims Subcommittee; YEAS 9 NAYS 0

  17. On Committee agenda-- Civil Justice and Claims Subcommittee, 12/06/17, 4:00 pm, Sumner Hall

  18. Referred to Civil Justice and Claims Subcommittee; Agriculture and Property Rights Subcommittee; Judiciary Committee

  19. Filed

Sponsors

  • Berman · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Berman

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable With Committee Substitute (Judiciary Committee)

Passed 18 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Republican 3002
Total 18003
% of votes cast 86%0%0%14%
How each member voted (21)
Member Party Vote
Alexander — Yea
Fitzenhagen — Yea
Gonzalez — Yea
Cortes, J. — Yea
Moraitis — Yea
Slosberg — Yea
Byrd — Yea
Diamond — Yea
Geller — Yea
Hager — Not Voting
Harrison — Yea
Metz — Yea
Pritchett — Yea
Spano — Yea
Sprowls — Yea
Stafford — Yea
Burgess, Danny Republican Not Voting
Grall, Erin Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Trumbull, Jay Republican Not Voting

Official roll call →

Favorable (Agriculture & Property Rights Subcommittee)

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12002
Republican 1000
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Clemons — Yea
Raschein — Yea
Slosberg — Not Voting
Brown — Yea
Byrd — Yea
Diamond — Yea
Donalds — Yea
Edwards-Walpole — Yea
Goodson — Yea
Henry — Yea
Porter — Yea
Raburn — Yea
Rommel — Not Voting
Roth — Yea
McClain, Stan Republican Yea

Official roll call →

Favorable (Civil Justice & Claims Subcommittee)

Passed 9 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 8004
Republican 1002
Total 9006
% of votes cast 60%0%0%40%
How each member voted (15)
Member Party Vote
Grant, J. — Not Voting
Fitzenhagen — Yea
Watson, B. — Yea
Cortes, J. — Yea
Moraitis — Yea
Byrd — Yea
Diamond — Yea
Harrison — Yea
Shaw — Not Voting
Stafford — Not Voting
Toledo — Yea
White — Not Voting
Burton, Colleen Republican Not Voting
Grall, Erin Republican Yea
Perez, Daniel Republican Not Voting

Official roll call →

Subjects

housing
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Frequently asked questions

Who sponsors HB 421?
HB 421 is sponsored by Berman.
What is the current status of HB 421?
This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 421?
Track HB 421 free on One Click Politics — get push/email alerts when it moves.

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