Florida 2020 Regular Session Status: Enacted

SB 580 — Uniform Partition of Heirs Property Act

Last action — Chapter No. 2020-55

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

This bill has been enacted into law. Introduced October 18, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Uniform Partition of Heirs Property Act; Creating the "Uniform Partition of Heirs Property Act"; providing requirements relating to the court determination of heirs property; providing for the determination of property value; providing for buyout of cotenants; providing for sale of property through open-market sale, sealed bids, or auction; authorizing certain cotenants to agree to certain partitions of real property, etc.

Bill Text

What changed in the latest version

308 added · 311 removed

308 line(s) added, 311 removed.

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Latest
Florida Senate - 2020 CS for CS for SB 580 By the Committees on Community Affairs;
Florida Senate - 2020 CS for SB 580 By the Committee on Judiciary;
and Judiciary;
and Senator Bracy 590-02040-20 2020580c1 A bill to be entitled An act relating to the Uniform Partition of Heirs Property Act;
and Senator Bracy 578-02235-20 2020580c2 A bill to be entitled An act relating to the Uniform Partition of Heirs Property Act;
(5) “Equitable accounting” means considering contributions and adjustments of accounts between cotenants, which are related to the real property and are based upon such contributions and adjustments, s.
(5) “Equitable accounting” means considering contributions and adjustments of accounts between cotenants which are related to the real property and are based upon such contributions and adjustments, s.
(2) If the plaintiff in a partition action seeks notice by publication, and the court determines that the property is heirs property, then the court shall order the clerk of the court to issue a notice of action to the plaintiff in the form set forth in s.
(2) If the plaintiff in a partition action seeks notice by publication, the court shall order the clerk of the court to issue a notice of action to the plaintiff in the form set forth in s.
164 In addition to a determination of value under this section, the court shall determine the amount of the equitable accounting upon the request of any cotenant and shall appropriately adjust any price, purchase price, apportioned price, buyout, judgment, or partition granted under this part based on the results of the equitable accounting.
163 In addition to a determination of value under this section, the court shall determine the amount of the equitable accounting upon the request of any cotenant and shall appropriately adjust any price, purchase price, apportioned price, buyout, judgment, or partition granted under this part based on the results of the equitable accounting.
Such judgment of partition must include the legal description of the real property before partition, the legal description of each new parcel, and the name of each parcel’s owner and shall be recorded by the clerk of the court in the official records of the county where the property is located.
Such judgment of partition must include the legal description of the real property before partition, the legal description of each new parcel, and the name of each parcel’s owner and shall be recorded by the clerk of the court.
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Action History

  1. Chapter No. 2020-55

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. CS passed; YEAS 116 NAYS 0

  6. Read 3rd time

  7. Placed on 3rd reading

  8. Read 2nd time

  9. Received

  10. Placed on Special Order Calendar, 03/09/20

  11. Referred to Calendar

  12. In Messages

  13. CS passed; YEAS 38 NAYS 0

  14. Read 3rd time

  15. Placed on 3rd reading

  16. Read 2nd time

  17. Placed on Special Order Calendar, 02/13/20

  18. Placed on Calendar, on 2nd reading

  19. Favorable by- Rules; YEAS 16 NAYS 0

  20. On Committee agenda-- Rules, 02/05/20, 9:30 am, 110 Senate Building

  21. CS/CS by Community Affairs read 1st time

  22. Now in Rules

  23. CS by Judiciary read 1st time

  24. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  25. Introduced

  26. CS/CS by Community Affairs; YEAS 3 NAYS 0

  27. On Committee agenda-- Community Affairs, 01/13/20, 3:30 pm, 301 Senate Building

  28. Now in Community Affairs

  29. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  30. CS by Judiciary; YEAS 5 NAYS 0

  31. On Committee agenda-- Judiciary, 12/10/19, 2:00 pm, 110 Senate Building

  32. On Committee agenda-- Judiciary, 11/12/19, 1:30 pm, 110 Senate Building --Temporarily Postponed

  33. Referred to Judiciary; Community Affairs; Rules

  34. Filed

Sponsors

  • Bracy · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Bracy

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

Passage, Third Reading

Passed 116 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 77004
Republican 27000
Democrat 12000
Total 116004
% of votes cast 97%0%0%3%
How each member voted (120)
Member Party Vote
Alexander — Yea
Goff-Marcil — Yea
Aloupis — Yea
Good — Yea
Polo — Yea
Ponder — Yea
Grant, J. — Yea
Pritchett — Yea
Ausley — Yea
Grant, M. — Yea
Raschein — Yea
Renner — Yea
Bell — Yea
Grieco — Yea
Roach — Yea
Beltran — Yea
Hage — Yea
Robinson — Yea
Hart — Yea
Rodrigues, R. — Yea
Brown — Yea
Hattersley — Yea
Hill — Yea
Rommel — Yea
Bush — Yea
Ingoglia — Yea
Roth — Yea
Byrd — Yea
Sabatini — Yea
Caruso — Yea
Santiago — Yea
Casello — Yea
Jenne — Yea
Clemons — Yea
Silvers — Yea
Cortes — Yea
Cummings — Yea
Killebrew — Yea
Slosberg — Yea
Latvala — Yea
Sprowls — Yea
Diamond — Yea
Magar — Yea
Stevenson — Yea
Donalds — Yea
Stone — Yea
Drake — Yea
Mariano — Yea
Sullivan — Yea
DuBose — Yea
Toledo — Yea
Tomkow — Yea
Duran — Yea
McGhee — Yea
Mercado — Yea
Valdes — Yea
Newton — Yea
Watson, B. — Yea
Fernandez — Yea
Oliva — Yea
Watson, C. — Yea
Fernandez-Barquin — Yea
Omphroy — Yea
Webb — Yea
Fetterhoff — Yea
Willhite — Yea
Fine — Yea
Payne — Yea
Williams — Yea
Fischer — Yea
Williamson — Yea
Fitzenhagen — Yea
Pigman — Yea
Geller — Yea
Zika — Yea
Altman — Not Voting
Jacobs — Not Voting
Jacquet — Not Voting
Eagle — Not Voting
La Rosa — Yea
Thompson, Geraldine F. "Geri" — Yea
Antone, Bruce Hadley Democrat Yea
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Joseph, Dotie Democrat Yea
Polsky, Tina Scott Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Johnson, Chad Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Rodriguez, Ana Maria Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Third Reading

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 9000
Unaffiliated 26002
Democrat 2000
No Party Affiliation 1000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Flores — Yea
Rader — Yea
Baxley — Yea
Gainer — Yea
Bean — Yea
Gibson — Yea
Benacquisto — Yea
Simmons — Yea
Simpson — Yea
Book — Yea
Stargel — Yea
Bracy — Yea
Hutson — Yea
Stewart — Yea
Taddeo — Yea
Brandes — Yea
Braynon — Yea
Montford — Yea
Torres — Yea
Broxson — Yea
Cruz — Yea
Perry — Yea
Galvano — Yea
Diaz — Yea
Farmer — Yea
Powell — Yea
Lee — Not Voting
Thurston — Not Voting
Berman, Lori Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Bradley, Jennifer Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Favorable

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13001
Republican 3000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Book — Yea
Brandes — Yea
Braynon — Yea
Farmer — Yea
Flores — Yea
Hutson — Yea
Montford — Yea
Simmons — Yea
Simpson — Yea
Stargel — Yea
Thurston — Yea
Gibson — Yea
Benacquisto — Yea
Lee — Not Voting
Bradley, Jennifer Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 3 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 2002
No Party Affiliation 1000
Total 3002
% of votes cast 60%0%0%40%
How each member voted (5)
Member Party Vote
Broxson — Yea
Farmer — Yea
Simmons — Not Voting
Flores — Not Voting
Pizzo, Jason W. B. No Party Affiliation Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB 580 do?
Uniform Partition of Heirs Property Act; Creating the "Uniform Partition of Heirs Property Act"; providing requirements relating to the court determination of heirs property; providing for the determination of property value; providing for buyout of cotenants; providing for sale of property through open-market sale, sealed bids, or auction; authorizing certain cotenants to agree to certain partitions of real property, etc.
Who sponsors SB 580?
SB 580 is sponsored by Bracy.
What is the current status of SB 580?
This bill has been enacted into law. Introduced October 18, 2019. Enacted.
Where can I track SB 580?
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