The Florida Senate

CS/CS/CS/HB 861: Residential Loan Alternative Agreements

GENERAL BILL by Commerce Committee ; Judiciary Committee ; Regulatory Reform & Economic Development Subcommittee ; Robinson, W. ; (CO-INTRODUCERS) Fabricio

Residential Loan Alternative Agreements; Prohibits residential loan alternative agreement from authorizing a person to place lien on or otherwise encumber residential real property; prohibits court from enforcing residential loan alternative agreement by lien or constructive trust in residential real property; prohibits assignment of residential loan alternative agreement; provides residential loan alternative agreement is void if listing services do not begin within specified timeframe; prohibits clerk of circuit court from recording residential loan alternative agreement; provides residential loan alternative agreement that does not meet specified requirements is unenforceable; provides that violation is unfair or deceptive trade practice.

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• Bill History

  Date	Chamber	Action
  2/15/2023	House	• Filed
  2/21/2023	House	• Referred to Regulatory Reform & Economic Development Subcommittee • Referred to Judiciary Committee • Referred to Commerce Committee • Now in Regulatory Reform & Economic Development Subcommittee
  3/7/2023	House	• Added to Regulatory Reform & Economic Development Subcommittee agenda - Temporarily Postponed [House Rule 7.11(d)] • 1st Reading (Original Filed Version)
  3/14/2023	House	• PCS added to Regulatory Reform & Economic Development Subcommittee agenda
  3/16/2023	House	• Favorable with CS by Regulatory Reform & Economic Development Subcommittee • Reported out of Regulatory Reform & Economic Development Subcommittee
  3/17/2023	House	• Laid on Table under Rule 7.18(a) • CS Filed • 1st Reading (Committee Substitute 1)
  3/20/2023	House	• Referred to Judiciary Committee • Referred to Commerce Committee • Now in Judiciary Committee
  3/21/2023	House	• Added to Judiciary Committee agenda
  3/23/2023	House	• Favorable with CS by Judiciary Committee • Reported out of Judiciary Committee • Laid on Table under Rule 7.18(a) • CS Filed • 1st Reading (Committee Substitute 2)
  3/24/2023	House	• Referred to Commerce Committee • Now in Commerce Committee
  4/6/2023	House	• Added to Commerce Committee agenda
  4/11/2023	House	• Favorable with CS by Commerce Committee (Amended) • Reported out of Commerce Committee • Laid on Table under Rule 7.18(a) • CS Filed
  4/12/2023	House	• 1st Reading (Committee Substitute 3) • Bill referred to House Calendar • Added to Second Reading Calendar
  4/13/2023	House	• Bill added to Special Order Calendar (4/20/2023)
  4/20/2023	House	• Substituted CS/CS/SB 770 • Laid on Table; companion bill(s) passed, see CS/CS/SB 770 (Ch. 2023-117)

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• CS/CS/CS/HB 861, Committee Substitute 3 (Current Bill Version) Posted 4/11/2023 at 6:16 PM

  Bill Text:	PDF

  Analyses:	None

  Related Bills (1)

  Bill Number	Subject	Filed By	Relationship	Last Action and Location	Track Bills
  S 770 (er)	Residential Loan Alternative Agreements	Bradley	Identical	Last Action: 5/25/2023 Chapter No. 2023-117

  Citations - Statutes (1)

  Citation	Catchline	Location in Bill Location In Bill Help
  475.279		Page 2 (pdf)

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• CS/CS/HB 861, Committee Substitute 2 Posted 3/23/2023 at 3:51 PM

  Bill Text:	PDF

  Analyses:	Commerce Committee (Post-Meeting) 4/11/2023 (pdf)

  Related Bills (1)

  Bill Number	Subject	Filed By	Relationship	Last Action and Location	Track Bills
  S 770 (c1)	Residential Loan Alternative Agreements	Bradley	Similar	Last Action: 5/25/2023 Chapter No. 2023-117

  Committee Amendments (1)

  Amendment	Sponsor	Filed	Last Committee Action	Format
  771049 - Strike All Amendment Remove everything after the enacting clause and insert:	Robinson, W.	4/7/2023 6:23 PM	Adopted without Objection 4/11/2023	PDF

  Citations - Statutes (1)

  Citation	Catchline	Location in Bill Location In Bill Help
  475.279		Page 2 (pdf)

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• CS/HB 861, Committee Substitute 1 Posted 3/17/2023 at 8:36 AM

  Bill Text:	PDF

  Analyses:	Judiciary Committee (Post-Meeting) 3/23/2023 (pdf)

  Related Bills (1)

  Bill Number	Subject	Filed By	Relationship	Last Action and Location	Track Bills
  S 770	Residential Real Estate Listing Agreements	Bradley	Similar	Last Action: 5/25/2023 Chapter No. 2023-117

  Committee Amendments (1)

  Amendment	Sponsor	Filed	Last Committee Action	Format
  895623 - Strike All Amendment Remove everything after the enacting clause and insert:	Robinson, W.	3/22/2023 5:47 PM	Adopted 3/23/2023	PDF

  Citations - Statutes (1)

  Citation	Catchline	Location in Bill Location In Bill Help
  475.279		Page 1 (pdf)

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• HB 861, Original Filed Version Posted 2/15/2023 at 2:21 PM

  Bill Text:	PDF

  Analyses:	Regulatory Reform & Economic Development Subcommittee (Post-Meeting) 5/25/2023 (pdf)

  Related Bills (1)

  Bill Number	Subject	Filed By	Relationship	Last Action and Location	Track Bills
  S 770	Residential Real Estate Listing Agreements	Bradley	Identical	Last Action: 5/25/2023 Chapter No. 2023-117

  Committee Amendments (1)

  Amendment	Sponsor	Filed	Last Committee Action	Format
  168609 - Amendment Remove lines 19-50 and insert:	Robinson, W.	3/8/2023 7:05 PM	Adopted without Objection 3/9/2023	PDF

  Citations - Statutes (1)

  Citation	Catchline	Location in Bill Location In Bill Help
  475.279		Page 1 (pdf)

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