Florida 2023 Regular Session Status: In Committee 1 R cosponsors

HB 491 — Assignment for the Benefit of Creditors

Last action — Laid on Table; companion bill(s) passed, see CS/CS/SB 600 (Ch. 2023-219)

  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 2023 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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.

Summary

Assignment for the Benefit of Creditors; Revises requirements for commencement of proceedings for general assignments; provides courts with judicial discretion to determine compliance; provides for assignee's ability to rely on, & defense for good faith compliance with, court orders, judgments, decrees, & rules of law; establishes nonliability of assignee when certain requirements are met; limits assets creditor or other party in interest may pursue in action against assignee; excludes creditors from being required to turn over assets of estate upon notice of assignment action or proceeding; requires negative notice in assignment action by assignee upon filing of notice of rejection.

Bill Text

We don't have the full text on file for this bill yet.

Read HB 491 on the official Florida source →

Action History

  1. Laid on Table; companion bill(s) passed, see CS/CS/SB 600 (Ch. 2023-219)

  2. Substituted CS/CS/SB 600

  3. Bill added to Special Order Calendar (4/20/2023)

  4. Added to Second Reading Calendar

  5. Bill released to House Calendar

  6. Reported out of Judiciary Committee

  7. Favorable by Judiciary Committee

  8. Added to Judiciary Committee agenda

  9. Now in Judiciary Committee

  10. Referred to Judiciary Committee

  11. 1st Reading (Committee Substitute 1)

  12. CS Filed

  13. Laid on Table under Rule 7.18(a)

  14. Reported out of Civil Justice Subcommittee

  15. Favorable with CS by Civil Justice Subcommittee

  16. Added to Civil Justice Subcommittee agenda

  17. 1st Reading (Original Filed Version)

  18. Now in Civil Justice Subcommittee

  19. Referred to Judiciary Committee

  20. Referred to Civil Justice Subcommittee

  21. Filed

Sponsors

  • Thomas J. "Tom" Leek · Cosponsor
  • Fernandez-Barquin · Primary
  • Civil Justice Subcommittee · Primary

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 161 not signed on

Sponsors (2)

  • Fernandez-Barquin
  • Civil Justice Subcommittee

Co-sponsors (1)

Not signed on (161)

161 members have not signed on to this bill.

Show all 161 →

"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 (Judiciary Committee)

Passed 19 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 2000
Republican 12001
Democrat 5001
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Altman — Yea
Payne — Yea
Bracy Davis, LaVon Democrat Yea
Chambliss, Kevin D. Democrat Not Voting
Gottlieb, Michael "Mike" Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
López, Johanna Democrat Yea
Barnaby, Webster Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Fabricio, Tom Republican Yea
Giallombardo, Mike Republican Yea
Jacques, Berny Republican Yea
Leek, Thomas J. "Tom" Republican Not Voting
Maney, Patt Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Tramont, Chase Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Favorable With Committee Substitute (Civil Justice Subcommittee)

Passed 15 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 5000
Unaffiliated 2000
Republican 8002
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Beltran — Yea
Roth — Yea
Arrington, Kristen Aston Democrat Yea
Campbell, Daryl Democrat Yea
Daniels, Kimberly Democrat Yea
Gantt, Ashley Viola Democrat Yea
López, Johanna Democrat Yea
Black, Dean Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
McFarland, Fiona Republican Not Voting
Michael, Kiyan Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Rizo, Alex Republican Yea
Sirois, Tyler I. Republican Not Voting
Smith, David Republican Yea
Snyder, John Republican Yea

Official roll call →

Subjects

finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 491 do?
Assignment for the Benefit of Creditors; Revises requirements for commencement of proceedings for general assignments; provides courts with judicial discretion to determine compliance; provides for assignee's ability to rely on, & defense for good faith compliance with, court orders, judgments, decrees, & rules of law; establishes nonliability of assignee when certain requirements are met; limits assets creditor or other party in interest may pursue in action against assignee; excludes creditors from being required to turn over assets of estate upon notice of assignment action or proceeding; requires negative notice in assignment action by assignee upon filing of notice of rejection.
Who sponsors HB 491?
HB 491 is sponsored by Leek, Thomas J. "Tom" (Republican), Fernandez-Barquin, and Civil Justice Subcommittee.
What is the current status of HB 491?
This bill died with 2023 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 491?
Track HB 491 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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