Florida Senate - 2012                                    SB 1830
       
       
       
       By Senator Flores
       
       
       
       
       38-01304-12                                           20121830__
    1                        A bill to be entitled                      
    2         An act relating to landlords and tenants; amending s.
    3         83.41, F.S.; providing application of certain eviction
    4         procedures under part II of ch. 83, F.S., the “Florida
    5         Residential Landlord and Tenant Act”; amending s.
    6         83.42, F.S.; revising exclusions from application of
    7         the part; amending s. 83.48, F.S.; providing that the
    8         right to attorney fees may not be waived in a lease
    9         agreement; providing that attorney fees may not be
   10         awarded in a claim for personal injury damages based
   11         on a breach of duty of premises maintenance; amending
   12         s. 83.49, F.S.; revising and providing landlord
   13         disclosure requirements with respect to deposit money
   14         and advance rent; providing requirements for the
   15         disbursement of advance rents; providing a rebuttable
   16         presumption of receipt of security deposits and a
   17         limitation on liability with respect to such deposits;
   18         amending s. 83.50, F.S.; removing certain landlord
   19         disclosure requirements relating to fire protection;
   20         amending s. 83.51, F.S.; revising a landlord’s
   21         obligation to maintain premises with respect to
   22         screens; requiring a landlord to pay assessments due
   23         to a condominium, cooperative, or homeowners’
   24         association; amending s. 83.56, F.S.; revising
   25         procedures for the termination of a rental agreement
   26         by a landlord; revising notice and payment procedures;
   27         providing that a landlord does not waive the right to
   28         terminate the rental agreement or to bring a civil
   29         action for noncompliance by accepting partial rent,
   30         subject to certain notice; increasing the period to
   31         institute an action before an exemption involving rent
   32         subsidies is waived; amending s. 83.575, F.S.;
   33         revising requirements for the termination of tenancy
   34         with specific duration to provide for reciprocal
   35         notice provisions in rental agreements; amending ss.
   36         83.58, 83.59, 83.60, and 83.63, F.S.; updating and
   37         conforming cross-references; making editorial changes;
   38         amending s. 83.62, F.S.; revising procedures for the
   39         restoration of possession to a landlord to provide
   40         that weekends and holidays do not stay the applicable
   41         notice period; amending s. 83.64, F.S.; providing
   42         examples of conduct for which the landlord may not
   43         retaliate; creating s. 83.683, F.S.; providing that a
   44         landlord is not required to notify a tenant of a
   45         mortgage default; providing that a pending foreclosure
   46         action involving the leased premises is not grounds
   47         for a tenant to terminate a lease; providing an
   48         effective date.
   49  
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Section 83.41, Florida Statutes, is amended to
   53  read:
   54         83.41 Application.—
   55         (1) This part applies to the rental of a dwelling unit.
   56         (2) The eviction procedures in s. 83.62 apply to eviction
   57  from a dwelling subsequent to a final judgment in foreclosure,
   58  ejectment, quiet title, partition, or other cause of action in
   59  which the court awards possession of a dwelling unit. The
   60  eviction procedures in ss. 83.59, 83.60, 83.61, 83.62, 83.625,
   61  and 83.681 apply to eviction from a dwelling based on nonpayment
   62  of association fees required to be paid to a condominium,
   63  cooperative, or homeowners’ association after demand. In such
   64  cases, the prevailing party in the litigation shall be
   65  considered a landlord for purposes of those sections. A
   66  prevailing party awarded possession of a dwelling unit shall be
   67  governed by s. 83.67(1), (5), (6), and (7).
   68         Section 2. Subsection (2) of section 83.42, Florida
   69  Statutes, is amended to read:
   70         83.42 Exclusions from application of part.—This part does
   71  not apply to:
   72         (2) Occupancy under a bona fide contract of sale of a
   73  dwelling unit or the property of which it is a part. A bona fide
   74  contract of sale is one in which at least one month’s rent has
   75  been paid and the buyer has paid a deposit of at least 5 percent
   76  of the value of the property, or in which the buyer has paid at
   77  least 12 months’ rent.
   78         Section 3. Section 83.48, Florida Statutes, is amended to
   79  read:
   80         83.48 Attorney Attorney’s fees.—In any civil action brought
   81  to enforce the provisions of the rental agreement or this part,
   82  the party in whose favor a judgment or decree has been rendered
   83  may recover reasonable court costs, including attorney
   84  attorney’s fees, from the nonprevailing party. The right to
   85  attorney fees in this section may not be waived in a lease
   86  agreement. However, attorney fees may not be awarded under this
   87  section in a claim for personal injury damages based on a breach
   88  of duty under s. 83.51.
   89         Section 4. Subsections (2), (3), and (7) of section 83.49,
   90  Florida Statutes, are amended to read:
   91         83.49 Deposit money or advance rent; duty of landlord and
   92  tenant.—
   93         (2) The landlord shall, in the lease agreement or within 30
   94  days after of receipt of advance rent or a security deposit,
   95  furnish notify the tenant in writing with a disclosure regarding
   96  of the manner in which the landlord is holding the advance rent
   97  or security deposit and the rate of interest, if any, which the
   98  tenant is to receive and the time of interest payments to the
   99  tenant. Such written notice shall:
  100         (a) Be given in person or by mail to the tenant.
  101         (b) State the name and address of the depository where the
  102  advance rent or security deposit is being held, whether the
  103  advance rent or security deposit is being held in a separate
  104  account for the benefit of the tenant or is commingled with
  105  other funds of the landlord, and, if commingled, whether such
  106  funds are deposited in an interest-bearing account in a Florida
  107  banking institution.
  108         (c) Include a copy of the provisions of subsection (3).
  109  
  110  Subsequent to providing such notice, if the landlord changes the
  111  manner or location in which he or she is holding the advance
  112  rent or security deposit, he or she shall notify the tenant
  113  within 30 days after of the change according to the provisions
  114  of paragraphs (a)-(d) herein set forth. The landlord is not
  115  required to give a new notice solely because the depository has
  116  merged with another financial institution, changed its name, or
  117  transferred ownership to a different financial institution. This
  118  subsection does not apply to any landlord who rents fewer than
  119  five individual dwelling units. Failure to provide this notice
  120  is shall not be a defense to the payment of rent when due. Such
  121  written notice shall:
  122         (a) Be given in person or by mail to the tenant;
  123         (b) State the name and address of the depository where the
  124  advance rent or security deposit is being held, or state that
  125  the landlord has posted a surety bond as provided by law;
  126         (c) State whether the tenant is entitled to interest on the
  127  deposit; and
  128         (d) Include the following disclosure:
  129  
  130         YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
  131         LANDLORD MAY TRANSFER ADVANCE RENTS AND NONREFUNDABLE
  132         DEPOSITS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND
  133         WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE
  134         LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN
  135         SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD
  136         MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE
  137         OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM
  138         AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE
  139         LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15
  140         DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE
  141         LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE
  142         REMAINING DEPOSIT, IF ANY. IF YOU TIMELY OBJECT, THE
  143         LANDLORD MUST HOLD THE DEPOSIT AND EITHER YOU OR THE
  144         LANDLORD WILL HAVE TO FILE A LAWSUIT SO THAT THE COURT
  145         CAN RESOLVE THE DISPUTE.
  146  
  147         IF THE LANDLORD FAILS TO TIMELY SEND YOU NOTICE, THE
  148         LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A
  149         LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY
  150         OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE
  151         DEPOSIT BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A
  152         REFUND.
  153  
  154         YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
  155         BEFORE FILING A LAWSUIT. GENERALLY, THE WINNING PARTY
  156         IN ANY LAWSUIT BETWEEN YOU AND YOUR LANDLORD WILL BE
  157         AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING
  158         PARTY.
  159  
  160         THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF
  161         CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL
  162         RIGHTS AND OBLIGATIONS.
  163  
  164         (3) The landlord may disburse advance rents from the
  165  deposit account to the landlord’s benefit when the advance
  166  rental period commences and without notice to the tenant. The
  167  landlord may disburse a deposit designated as nonrefundable at
  168  the conclusion of the lease and without notice to the tenant.
  169  For all other deposits:
  170         (a) Upon the vacating of the premises for termination of
  171  the lease, if the landlord does not intend to impose a claim on
  172  the security deposit, the landlord shall have 15 days to return
  173  the security deposit together with interest if otherwise
  174  required, or the landlord shall have 30 days to give the tenant
  175  written notice by certified mail to the tenant’s last known
  176  mailing address of his or her intention to impose a claim on the
  177  deposit and the reason for imposing the claim. The notice shall
  178  contain a statement in substantially the following form:
  179  
  180         This is a notice of my intention to impose a claim for
  181  damages in the amount of .... upon your security deposit, due to
  182  ..... It is sent to you as required by s. 83.49(3), Florida
  183  Statutes. You are hereby notified that you must object in
  184  writing to this deduction from your security deposit within 15
  185  days from the time you receive this notice or I will be
  186  authorized to deduct my claim from your security deposit. Your
  187  objection must be sent to ...(landlord’s address)....
  188  
  189  If the landlord fails to give the required notice within the 30
  190  day period, he or she forfeits the right to impose a claim upon
  191  the security deposit and may not seek setoff against the deposit
  192  but may file an action for damages after return of the deposit.
  193         (b) Unless the tenant objects to the imposition of the
  194  landlord’s claim or the amount thereof within 15 days after
  195  receipt of the landlord’s notice of intention to impose a claim,
  196  the landlord may then deduct the amount of his or her claim and
  197  shall remit the balance of the deposit to the tenant within 30
  198  days after the date of the notice of intention to impose a claim
  199  for damages. The failure of the tenant to make a timely
  200  objection does not waive any rights of the tenant to seek
  201  damages in a separate action.
  202         (c) If either party institutes an action in a court of
  203  competent jurisdiction to adjudicate the party’s right to the
  204  security deposit, the prevailing party is entitled to receive
  205  his or her court costs plus a reasonable fee for his or her
  206  attorney. The court shall advance the cause on the calendar.
  207         (d) Compliance with this section by an individual or
  208  business entity authorized to conduct business in this state,
  209  including Florida-licensed real estate brokers and sales
  210  associates, constitutes shall constitute compliance with all
  211  other relevant Florida Statutes pertaining to security deposits
  212  held pursuant to a rental agreement or other landlord-tenant
  213  relationship. Enforcement personnel shall look solely to this
  214  section to determine compliance. This section prevails over any
  215  conflicting provisions in chapter 475 and in other sections of
  216  the Florida Statutes, and shall operate to permit licensed real
  217  estate brokers to disburse security deposits and deposit money
  218  without having to comply with the notice and settlement
  219  procedures contained in s. 475.25(1)(d).
  220         (7) Upon the sale or transfer of title of the rental
  221  property from one owner to another, or upon a change in the
  222  designated rental agent, any and all security deposits or
  223  advance rents being held for the benefit of the tenants shall be
  224  transferred to the new owner or agent, together with any earned
  225  interest and with an accurate accounting showing the amounts to
  226  be credited to each tenant account. Upon the transfer of such
  227  funds and records to the new owner or agent as stated herein,
  228  and upon transmittal of a written receipt therefor, the
  229  transferor is shall be free from the obligation imposed in
  230  subsection (1) to hold such moneys on behalf of the tenant.
  231  There is a rebuttable presumption that any new owner or agent
  232  received the security deposits from the previous owner or agent;
  233  however, the new owner or agent is not liable to a tenant for
  234  deposits in excess of 1 month’s rent. This subsection does not
  235  However, nothing herein shall excuse the landlord or agent for a
  236  violation of other the provisions of this section while in
  237  possession of such deposits.
  238         Section 5. Section 83.50, Florida Statutes, is amended to
  239  read:
  240         83.50 Disclosure.—
  241         (1) The landlord, or a person authorized to enter into a
  242  rental agreement on the landlord’s behalf, shall disclose in
  243  writing to the tenant, at or before the commencement of the
  244  tenancy, the name and address of the landlord or a person
  245  authorized to receive notices and demands in the landlord’s
  246  behalf. The person so authorized to receive notices and demands
  247  retains authority until the tenant is notified otherwise. All
  248  notices of such names and addresses or changes thereto shall be
  249  delivered to the tenant’s residence or, if specified in writing
  250  by the tenant, to any other address.
  251         (2) The landlord or the landlord’s authorized
  252  representative, upon completion of construction of a building
  253  exceeding three stories in height and containing dwelling units,
  254  shall disclose to the tenants initially moving into the building
  255  the availability or lack of availability of fire protection.
  256         Section 6. Subsection (1) and paragraph (a) of subsection
  257  (2) of section 83.51, Florida Statutes, are amended, and
  258  subsection (5) is added to that section, to read:
  259         83.51 Landlord’s obligation to maintain premises and pay
  260  assessments.—
  261         (1) The landlord at all times during the tenancy shall:
  262         (a) Comply with the requirements of applicable building,
  263  housing, and health codes; or
  264         (b) Where there are no applicable building, housing, or
  265  health codes, maintain the roofs, windows, screens, doors,
  266  floors, steps, porches, exterior walls, foundations, and all
  267  other structural components in good repair and capable of
  268  resisting normal forces and loads and the plumbing in reasonable
  269  working condition. However,
  270  
  271  The landlord is shall not be required to maintain a mobile home
  272  or other structure owned by the tenant. The landlord’s
  273  obligations under this subsection may be altered or modified in
  274  writing with respect to a single-family home or duplex.
  275         (2)(a) Unless otherwise agreed in writing, in addition to
  276  the requirements of subsection (1), the landlord of a dwelling
  277  unit other than a single-family home or duplex shall, at all
  278  times during the tenancy, make reasonable provisions for:
  279         1. The extermination of rats, mice, roaches, ants, wood
  280  destroying organisms, and bedbugs. When vacation of the premises
  281  is required for such extermination, the landlord is shall not be
  282  liable for damages but shall abate the rent. The tenant must
  283  shall be required to temporarily vacate the premises for a
  284  period of time not to exceed 4 days, on 7 days’ written notice,
  285  if necessary, for extermination pursuant to this subparagraph.
  286         2. Locks and keys.
  287         3. The clean and safe condition of common areas.
  288         4. Garbage removal and outside receptacles therefor.
  289         5. Functioning facilities for heat during winter, running
  290  water, and hot water.
  291         6. Screens.
  292         (5) The landlord shall pay assessments due to a
  293  condominium, cooperative, or homeowners’ association.
  294         Section 7. Subsections (2) through (5) of section 83.56,
  295  Florida Statutes, are amended to read:
  296         83.56 Termination of rental agreement.—
  297         (2) If the tenant materially fails to comply with s. 83.52
  298  or material provisions of the rental agreement, other than a
  299  failure to pay rent, or reasonable rules or regulations, the
  300  landlord may:
  301         (a) If such noncompliance is of a nature that the tenant
  302  should not be given an opportunity to cure it or if the
  303  noncompliance constitutes a subsequent or continuing
  304  noncompliance within 12 months of a written warning by the
  305  landlord of a similar violation, deliver a written notice to the
  306  tenant specifying the noncompliance and the landlord’s intent to
  307  terminate the rental agreement by reason thereof. Examples of
  308  noncompliance which are of a nature that the tenant should not
  309  be given an opportunity to cure include, but are not limited to,
  310  destruction, damage, or misuse of the landlord’s or other
  311  tenants’ property by intentional act or a subsequent or
  312  continued unreasonable disturbance. In such event, the landlord
  313  may terminate the rental agreement, and the tenant shall have 7
  314  days from the date that the notice is delivered to vacate the
  315  premises. The notice shall be adequate if it is in substantially
  316  the following form:
  317  
  318         You are advised that your lease is terminated effective
  319  immediately. You shall have 7 days from the delivery of this
  320  letter to vacate the premises. This action is taken because
  321  ...(cite the noncompliance)....
  322  
  323         (b) If such noncompliance is of a nature that the tenant
  324  should be given an opportunity to cure it, deliver a written
  325  notice to the tenant specifying the noncompliance, including a
  326  notice that, if the noncompliance is not corrected within 7 days
  327  from the date the written notice is delivered, the landlord
  328  shall terminate the rental agreement by reason thereof. Examples
  329  of such noncompliance include, but are not limited to,
  330  activities in contravention of the lease or this part act such
  331  as having or permitting unauthorized pets, guests, or vehicles;
  332  parking in an unauthorized manner or permitting such parking; or
  333  failing to keep the premises clean and sanitary. An eviction
  334  action filed pursuant to this paragraph does not require a
  335  subsequent notice pursuant to paragraph (a). The notice shall be
  336  adequate if it is in substantially the following form:
  337  
  338         You are hereby notified that ...(cite the
  339  noncompliance).... Demand is hereby made that you remedy the
  340  noncompliance within 7 days of receipt of this notice or your
  341  lease shall be deemed terminated and you shall vacate the
  342  premises upon such termination. If this same conduct or conduct
  343  of a similar nature is repeated within 12 months, your tenancy
  344  is subject to termination without further warning and without
  345  your being given an opportunity to cure the noncompliance.
  346  
  347         (3) If the tenant fails to pay rent when due and the
  348  default continues for 3 days, excluding Saturday, Sunday, and
  349  legal holidays, after delivery of written demand by the landlord
  350  for payment of the rent or possession of the premises, the
  351  landlord may terminate the rental agreement. Legal holidays for
  352  the purpose of this section shall be court-observed holidays
  353  only. After service of the 3-day notice, the landlord may
  354  require payment of the rent to be by cash, money order, or
  355  certified funds. The total amount claimed may include all moneys
  356  owed to the landlord through the date of the notice, including
  357  late fees. The 3-day notice shall contain a statement in
  358  substantially the following form:
  359  
  360         You are hereby notified that you are indebted to me in the
  361  sum of .... dollars for the rent and use of the premises
  362  ...(address of leased premises, including county)..., Florida,
  363  now occupied by you and that I demand payment of the rent or
  364  possession of the premises within 3 days (excluding Saturday,
  365  Sunday, and legal holidays) from the date of delivery of this
  366  notice, to wit: on or before the .... day of ...., ...(year)....
  367  ...(landlord’s name, address and phone number)...
  368  
  369         (4) The delivery of the written notices required by
  370  subsections (1), (2), and (3) shall be by mailing or delivery of
  371  a true copy thereof or, if the tenant is absent from the
  372  premises, by leaving a copy thereof at the residence. The notice
  373  requirements of subsections (1), (2), and (3) may not be waived
  374  in the lease.
  375         (5)(a) If the landlord accepts rent with actual knowledge
  376  of a noncompliance by the tenant or accepts performance by the
  377  tenant of any other provision of the rental agreement that is at
  378  variance with its provisions, or if the tenant pays rent with
  379  actual knowledge of a noncompliance by the landlord or accepts
  380  performance by the landlord of any other provision of the rental
  381  agreement that is at variance with its provisions, the landlord
  382  or tenant waives his or her right to terminate the rental
  383  agreement or to bring a civil action for that noncompliance, but
  384  not for any subsequent or continuing noncompliance. However, a
  385  landlord does not waive the right to terminate the rental
  386  agreement or to bring a civil action for that noncompliance
  387  simply by accepting partial rent for the period if the landlord
  388  notifies the tenant that the landlord is reserving the right to
  389  enforce the rental agreement.
  390         (b) Any tenant who wishes to defend against an action by
  391  the landlord for possession of the unit for noncompliance of the
  392  rental agreement or of relevant statutes must shall comply with
  393  the provisions in s. 83.60(2). The court may not set a date for
  394  mediation or trial unless the provisions of s. 83.60(2) have
  395  been met, but shall enter a default judgment for removal of the
  396  tenant with a writ of possession to issue immediately if the
  397  tenant fails to comply with s. 83.60(2). This subsection does
  398  not apply to that portion of rent subsidies received from a
  399  local, state, or national government or an agency of local,
  400  state, or national government; however, waiver will occur if an
  401  action has not been instituted within 90 45 days after of the
  402  noncompliance.
  403         Section 8. Section 83.575, Florida Statutes, is amended to
  404  read:
  405         83.575 Termination of tenancy with specific duration.—
  406         (1) A rental agreement with a specific duration may contain
  407  a provision requiring the tenant to notify the landlord before
  408  vacating the premises at the end of the rental agreement if the
  409  provision also requires that the landlord notify the tenant if
  410  the rental agreement will not be renewed on the same terms;
  411  however, a rental agreement may not require more than 60 days’
  412  notice from either the tenant or the landlord before vacating
  413  the premises.
  414         (2) A rental agreement with a specific duration may provide
  415  that if a tenant fails to give the required notice before
  416  vacating the premises at the end of the rental agreement, the
  417  tenant may be liable for liquidated damages as specified in the
  418  rental agreement if the landlord provides written notice to the
  419  tenant specifying the tenant’s obligations under the
  420  notification provision contained in the lease and the date the
  421  rental agreement is terminated. The landlord must provide such
  422  written notice to the tenant within 15 days before the start of
  423  the notification period contained in the lease. The written
  424  notice shall list all fees, penalties, and other charges
  425  applicable to the tenant under this subsection. The rental
  426  agreement must provide a reciprocal agreement that if the
  427  landlord fails to give the tenant the required timely notice of
  428  nonrenewal, the tenant may elect to continue the tenancy for up
  429  to 60 days after the tenant’s receipt of notice of nonrenewal.
  430         (3) If the tenant remains on the premises with the
  431  permission of the landlord after the rental agreement has
  432  terminated and fails to give notice required under s. 83.57(3),
  433  the tenant is liable to the landlord for an additional 1 month’s
  434  rent.
  435         Section 9. Section 83.58, Florida Statutes, is amended to
  436  read:
  437         83.58 Remedies; tenant holding over.—If the tenant holds
  438  over and continues in possession of the dwelling unit or any
  439  part thereof after the expiration of the rental agreement
  440  without the permission of the landlord, the landlord may recover
  441  possession of the dwelling unit in the manner provided for in s.
  442  83.59 [F.S. 1973]. The landlord may also recover double the
  443  amount of rent due on the dwelling unit, or any part thereof,
  444  for the period during which the tenant refuses to surrender
  445  possession.
  446         Section 10. Subsection (2) of section 83.59, Florida
  447  Statutes, is amended to read:
  448         83.59 Right of action for possession.—
  449         (2) A landlord, the landlord’s attorney, or the landlord’s
  450  agent, applying for the removal of a tenant, shall file in the
  451  county court of the county where the premises are situated a
  452  complaint describing the dwelling unit and stating the facts
  453  that authorize its recovery. A landlord’s agent is not permitted
  454  to take any action other than the initial filing of the
  455  complaint, unless the landlord’s agent is an attorney. The
  456  landlord is entitled to the summary procedure provided in s.
  457  51.011 [F.S. 1971], and the court shall advance the cause on the
  458  calendar.
  459         Section 11. Section 83.60, Florida Statutes, is amended to
  460  read:
  461         83.60 Defenses to action for rent or possession;
  462  procedure.—
  463         (1) In an action by the landlord for possession of a
  464  dwelling unit based upon nonpayment of rent or in an action by
  465  the landlord under s. 83.55 seeking to recover unpaid rent, the
  466  tenant may defend upon the ground of a material noncompliance
  467  with s. 83.51(1) [F.S. 1973], or may raise any other defense,
  468  whether legal or equitable, that he or she may have, including
  469  the defense of retaliatory conduct in accordance with s. 83.64.
  470  The defense of a material noncompliance with s. 83.51(1) [F.S.
  471  1973] may be raised by the tenant if 7 days have elapsed after
  472  the delivery of written notice by the tenant to the landlord,
  473  specifying the noncompliance and indicating the intention of the
  474  tenant not to pay rent by reason thereof. Such notice by the
  475  tenant may be given to the landlord, the landlord’s
  476  representative as designated pursuant to s. 83.50(1), a resident
  477  manager, or the person or entity who collects the rent on behalf
  478  of the landlord. A material noncompliance with s. 83.51(1) [F.S.
  479  1973] by the landlord is a complete defense to an action for
  480  possession based upon nonpayment of rent, and, upon hearing, the
  481  court or the jury, as the case may be, shall determine the
  482  amount, if any, by which the rent is to be reduced to reflect
  483  the diminution in value of the dwelling unit during the period
  484  of noncompliance with s. 83.51(1) [F.S. 1973]. After
  485  consideration of all other relevant issues, the court shall
  486  enter appropriate judgment.
  487         (2) In an action by the landlord for possession of a
  488  dwelling unit, if the tenant interposes any defense other than
  489  payment, the tenant shall pay into the registry of the court the
  490  accrued rent as alleged in the complaint or as determined by the
  491  court and the rent that which accrues during the pendency of the
  492  proceeding, when due. The clerk shall notify the tenant of such
  493  requirement in the summons. Failure of the tenant to pay the
  494  rent into the registry of the court or to file a motion to
  495  determine the amount of rent to be paid into the registry within
  496  5 days, excluding Saturdays, Sundays, and legal holidays, after
  497  the date of service of process constitutes an absolute waiver of
  498  the tenant’s defenses other than payment, and the landlord is
  499  entitled to an immediate default judgment for removal of the
  500  tenant with a writ of possession to issue without further notice
  501  or hearing thereon. If In the event a motion to determine rent
  502  is filed, documentation in support of the allegation that the
  503  rent as alleged in the complaint is in error is required. Public
  504  housing tenants or tenants receiving rent subsidies are shall be
  505  required to deposit only that portion of the full rent for which
  506  they are the tenant is responsible pursuant to the federal,
  507  state, or local program in which they are participating.
  508         Section 12. Subsection (1) of section 83.62, Florida
  509  Statutes, is amended to read:
  510         83.62 Restoration of possession to landlord.—
  511         (1) In an action for possession, after entry of judgment in
  512  favor of the landlord, the clerk shall issue a writ to the
  513  sheriff describing the premises and commanding the sheriff to
  514  put the landlord in possession after 24 hours’ notice
  515  conspicuously posted on the premises. Weekends and legal
  516  holidays do not stay the 24-hour notice period.
  517         Section 13. Section 83.63, Florida Statutes, is amended to
  518  read:
  519         83.63 Casualty damage.—If the premises are damaged or
  520  destroyed other than by the wrongful or negligent acts of the
  521  tenant so that the enjoyment of the premises is substantially
  522  impaired, the tenant may terminate the rental agreement and
  523  immediately vacate the premises. The tenant may vacate the part
  524  of the premises rendered unusable by the casualty, in which case
  525  the tenant’s liability for rent shall be reduced by the fair
  526  rental value of that part of the premises damaged or destroyed.
  527  If the rental agreement is terminated, the landlord shall comply
  528  with s. 83.49(3) [F.S. 1973].
  529         Section 14. Subsection (1) of section 83.64, Florida
  530  Statutes, is amended to read:
  531         83.64 Retaliatory conduct.—
  532         (1) It is unlawful for a landlord to discriminatorily
  533  increase a tenant’s rent or decrease services to a tenant, or to
  534  bring or threaten to bring an action for possession or other
  535  civil action, primarily because the landlord is retaliating
  536  against the tenant. In order for the tenant to raise the defense
  537  of retaliatory conduct, the tenant must have acted in good
  538  faith. Examples of conduct for which the landlord may not
  539  retaliate include, but are not limited to, situations where:
  540         (a) The tenant has complained to a governmental agency
  541  charged with responsibility for enforcement of a building,
  542  housing, or health code of a suspected violation applicable to
  543  the premises;
  544         (b) The tenant has organized, encouraged, or participated
  545  in a tenants’ organization;
  546         (c) The tenant has complained to the landlord pursuant to
  547  s. 83.56(1); or
  548         (d) The tenant is a servicemember who has terminated a
  549  rental agreement pursuant to s. 83.682;
  550         (e) The tenant has paid the rent to a condominium,
  551  cooperative, or homeowners’ association after demand from the
  552  association in order to pay the landlord’s obligation to the
  553  association; or
  554         (f) The tenant has exercised his or her rights under local,
  555  state, or federal fair housing laws.
  556         Section 15. Section 83.683, Florida Statutes, is created to
  557  read:
  558         83.683 Foreclosure of leased property.—
  559         (1) A landlord is not required to notify a tenant of a
  560  mortgage default.
  561         (2) A pending foreclosure action involving the leased
  562  premises is not grounds for a tenant to terminate a lease.
  563         Section 16. This act shall take effect July 1, 2012.