Uniform Commercial Real Estate Receivership Act
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HB 783 — Uniform Commercial Real Estate Receivership Act
Last action — Chapter No. 2020-106
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 26, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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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 Commercial Real Estate Receivership Act; Creates Uniform Commercial Real Estate Receivership Act; provides provisions relating to court orders, court jurisdiction, receivers & ancillary receivers, posting of bonds, receivership property, timeframes for specified claims, defenses & immunities, & awards of certain costs & fees.
Bill Text
What changed in the latest version
77 added · 115 removed77 line(s) added, 115 removed.
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 ENROLLED CS/HB 783 2020 LegislatureA 2bill to be entitled An act relating to the Uniform Commercial Real Estate Receivership Act;
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature statuses of a lien creditor;
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature authorizing a receiver to adopt or reject an executory contract of the owner relating to receivership property under certain circumstances;
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature that a receiver is discharged if certain requirements are met;
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature b.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature the failure of a party to complete performance would constitute a material breach.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature of, receivership property.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature offspring, rents, or profits of or from the property.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature (20) "Security agreement" means an agreement that creates or provides for a lien.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature that have been made to give notice to all known adverse parties, or the reasons why such notice should not be required.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature (2) This chapter does not apply to:
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature the receiver and determine any controversy related to the receivership or receivership property.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature following facts and circumstances, together with any other relevant facts, in deciding whether to appoint a receiver for the mortgaged property:
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature appointing a receiver or providing for injunctive relief is issued on the pleading of a municipality or the state, or any officer, agency, or political subdivision thereof, the court may require or dispense with a bond, with or without surety, and conditioned in the same manner, having due regard for public interest.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature (c) Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature (c) Is in an amount the court specifies;
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature property.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature protection of the creditor's lien.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature copying of designated records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership;
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature (a) Prepare and retain appropriate business records, including a record of each receipt, disbursement, and disposition of receivership property;
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature (c) Identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owner's possession, custody, or control;
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature act, action, or proceeding:
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature concert or participation with the parties.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature liability against the receivership property or the owner of such receivership property, or an appeal of any such liability.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature (2) A person is not disqualified from engagement under this section solely because of the person's engagement by, representation of, or other relationship with the receiver, a creditor, or a party.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature receiver is appointed, expressly consents in writing to the receiver's proposed use or transfer of the receivership property, and the receiver notes the property owner's express consent in the motion to approve the proposed use or transfer;
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature appointed, a receiver may use or transfer receivership property other than in the ordinary course of business to carry the judgment into effect or to preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature the transfer to a person that acquired the property in good faith or revive against the person any lien extinguished by the transfer, whether the person knew before the transfer of the request for reversal or modification, unless the court stayed the order before the transfer.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature financial condition of the owner does not affect a receiver's power under subsection (2) to adopt the contract.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature contract.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature have reason to know that the lease violated the mortgage.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature receiver shall give notice of appointment of the receiver to creditors of the owner by:
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature (4) An assignment by a creditor of a claim against the owner is effective against the receiver only if the assignee gives timely notice of the assignment to the receiver in a signed record.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature directs according to the laws of this state other than this chapter.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature receiver, the replaced receiver is discharged.
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature (f) If not filed separately, a request for approval of the payment of fees and expenses of the receiver;
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature mortgagee for the appointment of a receiver, the appointment of a receiver, or the application by a mortgagee of receivership property or proceeds to the secured obligation does not:
hb0783-02-erhb0783-01-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 ENROLLED CS/HB 783 2020 Legislature receivership for which the receiver was appointed before July 1, 2020.
hb0783-02-erhb0783-01-c1
View plain text versions (3)
- H 783 c1 View text pdf
- H 783 er View text Current pdf
- Introduced H 783 Filed pdf
Action History
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Chapter No. 2020-106
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Approved by Governor
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Signed by Officers and presented to Governor
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Ordered enrolled
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CS passed; YEAS 39 NAYS 0
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Read 3rd time
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Placed on 3rd reading
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Read 2nd time
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Substituted for CS/SB 660
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Placed on Calendar, on 2nd reading
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Withdrawn from Judiciary; Commerce and Tourism; Rules
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Received
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Referred to Judiciary; Commerce and Tourism; Rules
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In Messages
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CS passed; YEAS 114 NAYS 0
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Read 3rd time
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Placed on 3rd reading
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Read 2nd time
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Placed on Special Order Calendar, 03/06/20
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Placed on Calendar
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CS by Judiciary Committee read 1st time
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Pending review of CS -under Rule 7.18(c)
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CS by- Judiciary Committee; YEAS 18 NAYS 0
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On Committee agenda-- Judiciary Committee, 02/12/20, 10:00 am, Sumner Hall
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Now in Judiciary Committee
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Favorable by Justice Appropriations Subcommittee; YEAS 12 NAYS 0
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On Committee agenda-- Justice Appropriations Subcommittee, 02/04/20, 9:00 am, Morris Hall
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Now in Justice Appropriations Subcommittee
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Favorable by Civil Justice Subcommittee; YEAS 13 NAYS 0
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On Committee agenda-- Civil Justice Subcommittee, 01/22/20, 8:30 am, Sumner Hall
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Introduced
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Referred to Civil Justice Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee
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Filed
Sponsors
- Beltran · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on
Sponsors (1)
- Beltran
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 9 | 0 | 0 | 0 |
| Unaffiliated | 27 | 0 | 0 | 1 |
| Democrat | 2 | 0 | 0 | 0 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
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 |
| Lee | — | Yea |
| Taddeo | — | Yea |
| Brandes | — | Yea |
| Thurston | — | Yea |
| Braynon | — | Yea |
| Montford | — | Yea |
| Torres | — | Yea |
| Broxson | — | Yea |
| Cruz | — | Yea |
| Perry | — | Yea |
| Diaz | — | Yea |
| Farmer | — | Yea |
| Powell | — | Yea |
| President Galvano | — | 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 78 | 0 | 0 | 3 |
| Republican | 27 | 0 | 0 | 0 |
| Democrat | 9 | 0 | 0 | 3 |
| Total | 114 | 0 | 0 | 6 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| 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 |
| Alexander | — | Yea |
| Goff-Marcil | — | Yea |
| Aloupis | — | Yea |
| Good | — | Yea |
| Polo | — | Yea |
| Altman | — | Yea |
| Ponder | — | Yea |
| Grant, J. | — | Yea |
| Mariano | — | Yea |
| Sullivan | — | Yea |
| DuBose | — | Yea |
| Toledo | — | Yea |
| Tomkow | — | Yea |
| Duran | — | Yea |
| McGhee | — | Yea |
| Eagle | — | Yea |
| Mercado | — | Yea |
| Valdes | — | Yea |
| Newton | — | Yea |
| Watson, B. | — | Yea |
| Fernandez | — | Yea |
| Oliva | — | Yea |
| Watson, C. | — | Yea |
| Fernandez-Barquin | — | 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 |
| Jacobs | — | Not Voting |
| Jacquet | — | Not Voting |
| Omphroy | — | Not Voting |
| La Rosa | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Antone, Bruce Hadley | Democrat | Not Voting |
| 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 | Not Voting |
| Joseph, Dotie | Democrat | Not Voting |
| 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Democrat | 3 | 0 | 0 | 0 |
| Total | 18 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Yea |
| Beltran | — | Yea |
| Diamond | — | Yea |
| Fernandez-Barquin | — | Yea |
| Fitzenhagen | — | Yea |
| Geller | — | Yea |
| Grant, J. | — | Yea |
| Hill | — | Yea |
| Killebrew | — | Yea |
| Mercado | — | Yea |
| Renner | — | Yea |
| Rommel | — | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
| Sirois, Tyler I. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Beltran | — | Yea |
| Byrd | — | Yea |
| Fernandez-Barquin | — | Yea |
| Payne | — | Yea |
| Pritchett | — | Yea |
| Renner | — | Yea |
| Silvers | — | Yea |
| Slosberg | — | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 1 | 0 | 0 | 0 |
| Unaffiliated | 8 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Diamond | — | Yea |
| Hill | — | Yea |
| Mercado | — | Yea |
| Omphroy | — | Yea |
| Payne | — | Yea |
| Rommel | — | Yea |
| Stone | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Antone, Bruce Hadley | Democrat | Yea |
| DiCeglie, Nick | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Sirois, Tyler I. | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 783 do?
- Uniform Commercial Real Estate Receivership Act; Creates Uniform Commercial Real Estate Receivership Act; provides provisions relating to court orders, court jurisdiction, receivers & ancillary receivers, posting of bonds, receivership property, timeframes for specified claims, defenses & immunities, & awards of certain costs & fees.
- Who sponsors HB 783?
- HB 783 is sponsored by Beltran.
- What is the current status of HB 783?
- This bill has been enacted into law. Introduced November 26, 2019. Enacted.
- Where can I track HB 783?
- Track HB 783 free on One Click Politics — get push/email alerts when it moves.
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