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CS/CS/HB 733: Marketable Record Title Act

GENERAL BILL by Judiciary Committee ; Civil Justice Subcommittee ; Smith, D. ; (CO-INTRODUCERS) Ausley

Marketable Record Title Act; Revises rights not affected or extinguished by marketable record titles; revises what types of interests are extinguished by marketable record title; provides that discriminatory restrictions are unlawful & unenforceable; provides certain discriminatory restrictions are extinguished & severed from recorded title transactions; provides requirements for parcel owner to remove discriminatory restriction from covenant or restriction; requires persons with certain interests in land which may be extinguished to file notice to preserve such interests.

Effective Date: upon becoming a law
Last Action: 3/14/2020 Senate - Died in Judiciary, companion bill(s) passed, see SB 374 (Ch. 2020-164)
Bill Text: PDF
Senate Committee References:
  1. Judiciary (JU)
  2. Innovation, Industry, and Technology (IT)
  3. Rules (RC)

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  • Bill History

    Date Chamber Action
    11/21/2019 House • Filed
    12/16/2019 House • Referred to Civil Justice Subcommittee; Transportation and Tourism Appropriations Subcommittee; Judiciary Committee -HJ 61
    1/14/2020 House • Introduced -HJ 61
    1/17/2020 House • On Committee agenda-- Civil Justice Subcommittee, 01/22/20, 8:30 am, Sumner Hall
    1/22/2020 House • CS by Civil Justice Subcommittee; YEAS 14 NAYS 0 -HJ 438
    1/24/2020 House • Pending review of CS under Rule 7.18(c)
    • CS by Civil Justice Subcommittee read 1st time -HJ 437
    1/27/2020 House • Original reference(s) removed: Transportation and Tourism Appropriations Subcommittee
    • CS referred to Judiciary Committee -HJ 444
    • Now in Judiciary Committee -HJ 444
    2/4/2020 House • On Committee agenda-- Judiciary Committee, 02/06/20, 12:00 pm, Sumner Hall
    2/6/2020 House • CS/CS by- Judiciary Committee; YEAS 15 NAYS 0 -HJ 528
    2/7/2020 House • Pending review of CS -under Rule 7.18(c)
    • CS/CS by Judiciary Committee read 1st time -HJ 522
    2/10/2020 House • Placed on Calendar -HJ 529
    3/3/2020 House • Placed on Special Order Calendar, 03/06/20
    3/6/2020 House • Read 2nd time -HJ 896
    • Placed on 3rd reading
    3/9/2020 House • Read 3rd time -HJ 972
    • CS passed; YEAS 115 NAYS 0 -HJ 972
    3/9/2020 Senate • In Messages
    • Referred to Judiciary; Innovation, Industry, and Technology; Rules -SJ 554
    • Received -SJ 554
    3/14/2020 Senate • Indefinitely postponed and withdrawn from consideration
    • Died in Judiciary, companion bill(s) passed, see SB 374 (Ch. 2020-164)

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  • CS/CS/HB 733, Committee Substitute 2 (Current Bill Version) Posted 2/7/2020 at 12:54 PM

    Bill Text:   PDF
    Analyses:   None

    Related Bills (5)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 802 (c1) Marketable Record Title Act Perry Similar Last Action: 3/14/2020 S Died in Rules, companion bill(s) passed, see SB 374 (Ch. 2020-164)
    H 623 (e1) Community Associations Business and Professions Subcommittee Compare Last Action: 3/14/2020 S Died in Innovation, Industry, and Technology, companion bill(s) passed, see SB 374 (Ch. 2020-164)
    H 689 (e2) Department of Business and Professional Regulation Business and Professions Subcommittee Compare Last Action: 3/14/2020 H Died in returning Messages, companion bill(s) passed, see SB 374 (Ch. 2020-164)
    S 374 (er) Housing Discrimination Rouson Compare Last Action: 9/8/2020 Chapter No. 2020-164
    S 1154 (c2) Community Associations Baxley Compare Last Action: 3/14/2020 S Died in Rules, companion bill(s) passed, see SB 374 (Ch. 2020-164)

    Floor Votes (1)

    Date Chamber Result
    3/9/2020 5:08 PM House 115 Yeas - 0 Nays

    Citations - Statutes (4)

    Citation Catchline Location in Bill Location In Bill Help
    712.03 Exceptions to marketability. Page 2 (pdf)
    712.04 Interests extinguished by marketable record title. Page 3 (pdf)
    712.065 Page 4 (pdf)
    712.12 Covenant or restriction revitalization by parcel owners not subject to a homeowners’ association. Page 5 (pdf)

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  • CS/HB 733, Committee Substitute 1 Posted 1/24/2020 at 8:10 AM

    Bill Text:   PDF
    Analyses:   Judiciary Committee (Post-Meeting) 2/7/2020 (pdf)

    Related Bills (2)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 802 (c1) Marketable Record Title Act Perry Similar Last Action: 3/14/2020 S Died in Rules, companion bill(s) passed, see SB 374 (Ch. 2020-164)
    S 1154 (c1) Community Associations Baxley Compare Last Action: 3/14/2020 S Died in Rules, companion bill(s) passed, see SB 374 (Ch. 2020-164)

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    231757 - Amendment
    Remove lines 69-73 and insert:
    Smith, D. 2/5/2020
    6:48 PM
    Adopted
    2/6/2020
    PDF

    Citations - Statutes (4)

    Citation Catchline Location in Bill Location In Bill Help
    712.03 Exceptions to marketability. Page 2 (pdf)
    712.04 Interests extinguished by marketable record title. Page 3 (pdf)
    712.065 Page 4 (pdf)
    712.12 Covenant or restriction revitalization by parcel owners not subject to a homeowners’ association. Page 5 (pdf)

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  • HB 733, Original Filed Version Posted 11/21/2019 at 3:26 PM

    Bill Text:   PDF
    Analyses:   Civil Justice Subcommittee (Post-Meeting) 1/23/2020 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 802 (c1) Marketable Record Title Act Perry Similar Last Action: 3/14/2020 S Died in Rules, companion bill(s) passed, see SB 374 (Ch. 2020-164)

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    410591 - Amendment
    Remove lines 109-123 and insert:
    Smith, D. 1/21/2020
    8:34 PM
    Adopted
    1/22/2020
    PDF

    Citations - Statutes (4)

    Citation Catchline Location in Bill Location In Bill Help
    712.03 Exceptions to marketability. Page 2 (pdf)
    712.04 Interests extinguished by marketable record title. Page 3 (pdf)
    712.065 Page 4 (pdf)
    712.12 Covenant or restriction revitalization by parcel owners not subject to a homeowners’ association. Page 6 (pdf)

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