Senate Bill sb1392

    Florida Senate - 2001                                  SB 1392

    By Senators Crist and Miller





    13-755-01

  1                      A bill to be entitled

  2         An act relating to nonresidential tenancies;

  3         amending s. 83.09, F.S.; removing an exemption

  4         from liens for rent; amending s. 83.231, F.S.,

  5         relating to judgments with respect to the

  6         removal of a tenant; providing that the court

  7         shall advance any hearings regarding issues of

  8         possession on its calendar; amending s. 83.232,

  9         F.S.; directing the clerk of the court to

10         include certain information in the summons for

11         actions of possession; providing that the court

12         shall advance certain hearings on its calendar;

13         providing an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Section 83.09, Florida Statutes, is amended

18  to read:

19         83.09  No exemptions from liens for rent.--No property

20  of any tenant or lessee shall be exempt from distress and sale

21  for rent, except beds, bedclothes and wearing apparel.

22         Section 2.  Section 83.231, Florida Statutes, is

23  amended to read:

24         83.231  Removal of tenant; judgment.--The court shall

25  advance on its calendar any hearings regarding issues of

26  possession. If the issues are found for plaintiff, judgment

27  shall be entered that plaintiff recover possession of the

28  premises.  If the plaintiff expressly and specifically sought

29  money damages in the complaint, in addition to awarding

30  possession of the premises to the plaintiff, the court shall

31  also direct, in an amount which is within its jurisdictional

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1392
    13-755-01




  1  limitations, the entry of a money judgment in favor of the

  2  plaintiff and against the defendant for the amount of money

  3  found due, owing, and unpaid by the defendant, with costs.

  4  However, no money judgment shall be entered unless service of

  5  process has been effected by personal service or, where

  6  authorized by law, by certified or registered mail, return

  7  receipt, or in any other manner prescribed by law or the rules

  8  of the court, and no money judgment may be entered except in

  9  compliance with the Florida Rules of Civil Procedure. Where

10  otherwise authorized by law, the plaintiff in the judgment for

11  possession and money damages may also be awarded attorney's

12  fees and costs. If the issues are found for defendant,

13  judgment shall be entered dismissing the action.

14         Section 3.  Subsections (1) and (3) of section 83.232,

15  Florida Statutes, are amended to read:

16         83.232  Rent paid into registry of court.--

17         (1)  In an action by the landlord which includes a

18  claim for possession of real property, the tenant shall pay

19  into the court registry the amount alleged in the complaint as

20  unpaid, or if such amount is contested, such amount as is

21  determined by the court, and any rent accruing during the

22  pendency of the action, when due, unless the tenant has

23  interposed the defense of payment or satisfaction of the rent

24  in the amount the complaint alleges as unpaid.  Unless the

25  tenant disputes the amount of accrued rent, the tenant must

26  pay the amount alleged in the complaint into the court

27  registry on or before the date on which his or her answer to

28  the claim for possession is due. The clerk of the court shall

29  notify the tenant of such requirement in the summons. If the

30  tenant contests the amount of accrued rent, the tenant must

31  pay the amount determined by the court into the court registry

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    Florida Senate - 2001                                  SB 1392
    13-755-01




  1  on the day that the court makes its determination.  The court

  2  may, however, extend these time periods to allow for later

  3  payment, upon good cause shown.  Even though the defense of

  4  payment or satisfaction has been asserted, the court, in its

  5  discretion, may order the tenant to pay into the court

  6  registry the rent that accrues during the pendency of the

  7  action, the time of accrual being as set forth in the lease.

  8  If the landlord is in actual danger of loss of the premises or

  9  other hardship resulting from the loss of rental income from

10  the premises, the landlord may apply to the court for

11  disbursement of all or part of the funds so held in the court

12  registry.

13         (3)  The court shall advance on its calendar any

14  hearings relating to cases to which this section applies, on

15  its own motion, shall notify the tenant of the requirement

16  that rent be paid into the court registry by order, which

17  shall be issued immediately upon filing of the tenant's

18  initial pleading, motion, or other paper.

19         Section 4.  This act shall take effect upon becoming a

20  law.

21

22            *****************************************

23                          SENATE SUMMARY

24
      Revises provisions of law governing nonresidential
25    tenancies to:
           1.  Provide that no property of any tenant or lessee
26    is exempt from distress and sale for rent.
           2.  Provide that with respect to judgments
27    concerning the removal of a tenant the court shall
      advance any hearings regarding possession on its
28    calendar.
           3.  Direct the clerk of the court to include
29    described information in the summons for actions of
      possession.
30
      (See bill for details.)
31

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CODING: Words stricken are deletions; words underlined are additions.