Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 530
       
       
       
       
       
       
                                Barcode 723382                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .                                
             05/03/2011 04:16 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Fasano moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1522 - 1567
    4  and insert:
    5         (10)(a) If the unit is occupied by a tenant and the unit
    6  owner is delinquent in paying any monetary obligation due to the
    7  association, the association may make a written demand that the
    8  tenant pay to the association the subsequent rental payments
    9  future monetary obligations related to the cooperative share to
   10  the association and continue to the tenant must make such
   11  payments until all monetary obligations of the unit owner
   12  related to the unit have been paid in full to the association
   13  payment. The demand is continuing in nature, and upon demand,
   14  The tenant must pay the monetary obligations to the association
   15  until the association releases the tenant or the tenant
   16  discontinues tenancy in the unit.
   17         1. The association must provide the tenant a notice, by
   18  hand delivery or United States mail, in substantially the
   19  following form:
   20  
   21         Pursuant to section 719.108(10), Florida
   22         Statutes, we demand that you make your rent payments
   23         directly to the cooperative association and continue
   24         doing so until the association notifies you otherwise.
   25         Payment due the cooperative association may be in
   26         the same form as you paid your landlord and must be
   27         sent by United States mail or hand delivery to
   28         ...(full address)..., payable to ...(name)....
   29         Your obligation to pay your rent to the
   30         association begins immediately, unless you have
   31         already paid rent to your landlord for the current
   32         period before receiving this notice. In that case, you
   33         must provide the association written proof of your
   34         payment within 14 days after receiving this notice and
   35         your obligation to pay rent to the association would
   36         then begin with the next rental period.
   37         Pursuant to section 719.108(10), Florida
   38         Statutes, your payment of rent to the association
   39         gives you complete immunity from any claim for the
   40         rent by your landlord.
   41  
   42         2. The association must mail written notice to the unit
   43  owner of the association’s demand that the tenant make payments
   44  to the association.
   45         3. The association shall, upon request, provide the tenant
   46  with written receipts for payments made.
   47         4. A tenant who acts in good faith in response to a written
   48  demand from an association is immune from any claim by from the
   49  landlord or unit owner related to the rent timely paid to the
   50  association after the association has made written demand.
   51         (b)(a) If the tenant paid prepaid rent to the landlord or
   52  unit owner for a given rental period before receiving the demand
   53  from the association and provides written evidence to the
   54  association of having paid paying the rent to the association
   55  within 14 days after receiving the demand, the tenant shall
   56  begin making rental payments to the association for the
   57  following rental period and shall continue making receive credit
   58  for the prepaid rent for the applicable period and must make any
   59  subsequent rental payments to the association to be credited
   60  against the monetary obligations of the unit owner until the
   61  association releases the tenant or the tenant discontinues
   62  tenancy in the unit to the association.
   63         (c)(b)The tenant is not liable for increases in the amount
   64  of the regular monetary obligations due unless the tenant was
   65  notified in writing of the increase at least 10 days before the
   66  date on which the rent is due. The liability of the tenant may
   67  not exceed the amount due from the tenant to the tenant’s
   68  landlord. The tenant’s landlord shall provide the tenant a
   69  credit against rents due to the landlord unit owner in the
   70  amount of moneys paid to the association under this section.
   71         (d)(c) The association may issue notice notices under s.
   72  83.56 and may sue for eviction under ss. 83.59-83.625 as if the
   73  association were a landlord under part II of chapter 83 if the
   74  tenant fails to pay a required payment to the association after
   75  written demand has been made to the tenant. However, the
   76  association is not otherwise considered a landlord under chapter
   77  83 and specifically has no obligations duties under s. 83.51.
   78         (e)(d) The tenant does not, by virtue of payment of
   79  monetary obligations to the association, have any of the rights
   80  of a unit owner to vote in any election or to examine the books
   81  and records of the association.
   82         (f)(e) A court may supersede the effect of this subsection
   83  by appointing a receiver.
   84  
   85  ================= T I T L E  A M E N D M E N T ================
   86         And the title is amended as follows:
   87         Delete line 74
   88  and insert:
   89         unpaid rents and assessments; providing association
   90         notice requirements regarding tenants delinquent in
   91         paying any monetary obligation due to the association;
   92         amending s. 719.303,