HOUSE AMENDMENT
    765-103AX-06                  Bill No. CS for SB 838, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Haridopolos offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         Section 1.  Subsection (3) of section 83.49, Florida
18  Statutes, is amended to read:
19         83.49  Deposit money or advance rent; duty of landlord
20  and tenant.--
21         (3)(a)  Upon the vacating of the premises for
22  termination of the lease, if the landlord does not intend to
23  impose a claim on the security deposit, the landlord shall
24  have 15 days to return the security deposit together with
25  interest if otherwise required, or the landlord shall have 30
26  days in which to give the tenant written notice by certified
27  mail to the tenant's last known mailing address of his or her
28  intention to impose a claim on the deposit and the reason for
29  imposing the claim.  The notice shall contain a statement in
30  substantially the following form:
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    File original & 9 copies    04/11/01                          
    hbd0016                     02:00 pm         00838-0030-304711

HOUSE AMENDMENT 765-103AX-06 Bill No. CS for SB 838, 1st Eng. Amendment No. ___ (for drafter's use only) 1 This is a notice of my intention to impose a claim for 2 damages in the amount of .... upon your security deposit, due 3 to ..... It is sent to you as required by s. 83.49(3), Florida 4 Statutes. You are hereby notified that you must object in 5 writing to this deduction from your security deposit within 15 6 days from the time you receive this notice or I will be 7 authorized to deduct my claim from your security deposit. 8 Your objection must be sent to ...(landlord's address).... 9 10 If the landlord fails to give the required notice within the 11 30-day 15-day period, he or she forfeits the right to impose a 12 claim upon the security deposit. 13 (b) Unless the tenant objects to the imposition of the 14 landlord's claim or the amount thereof within 15 days after 15 receipt of the landlord's notice of intention to impose a 16 claim, the landlord may then deduct the amount of his or her 17 claim and shall remit the balance of the deposit to the tenant 18 within 30 days after the date of the notice of intention to 19 impose a claim for damages. 20 (c) If either party institutes an action in a court of 21 competent jurisdiction to adjudicate the party's right to the 22 security deposit, the prevailing party is entitled to receive 23 his or her court costs plus a reasonable fee for his or her 24 attorney. The court shall advance the cause on the calendar. 25 (d) Compliance with this section by an individual or 26 business entity authorized to conduct business in this state, 27 including Florida-licensed real estate brokers and 28 salespersons, shall constitute compliance with all other 29 relevant Florida Statutes pertaining to security deposits held 30 pursuant to a rental agreement or other landlord-tenant 31 relationship. Enforcement personnel shall look solely to this 2 File original & 9 copies 04/11/01 hbd0016 02:00 pm 00838-0030-304711
HOUSE AMENDMENT 765-103AX-06 Bill No. CS for SB 838, 1st Eng. Amendment No. ___ (for drafter's use only) 1 section to determine compliance. This section prevails over 2 any conflicting provisions in chapter 475 and in other 3 sections of the Florida Statutes, and shall operate to permit 4 licensed real estate brokers to disburse security deposits and 5 deposit money without having to comply with the notice and 6 settlement procedures contained in s. 475.25(1)(d). 7 Section 2. Subsection (3) of section 83.67, Florida 8 Statutes, is amended to read: 9 83.67 Prohibited practices.-- 10 (3) No landlord of any dwelling unit governed by this 11 part shall remove the outside doors, locks, roof, walls, or 12 windows of the unit except for purposes of maintenance, 13 repair, or replacement; nor shall the landlord remove the 14 tenant's personal property from the dwelling unit unless said 15 action is taken after surrender, abandonment, or a lawful 16 eviction. If provided in the rental agreement or a written 17 agreement separate from the rental agreement, upon surrender 18 or abandonment by the tenant, the landlord is not required to 19 comply with s. 715.104 and is shall not be liable or 20 responsible for storage or disposition of the tenant's 21 personal property; if provided in the rental agreement there 22 must shall be printed or clearly stamped on such rental 23 agreement a legend in substantially the following form: 24 25 BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON 26 SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, THE 27 FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR 28 RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S 29 PERSONAL PROPERTY. 30 31 For the purposes of this section, abandonment shall be as set 3 File original & 9 copies 04/11/01 hbd0016 02:00 pm 00838-0030-304711
HOUSE AMENDMENT 765-103AX-06 Bill No. CS for SB 838, 1st Eng. Amendment No. ___ (for drafter's use only) 1 forth in s. 83.59(3)(c). 2 Section 3. Section 715.105, Florida Statutes, is 3 amended to read: 4 715.105 Form of notice to former tenant.-- 5 (1) A notice to the former tenant which is in 6 substantially the following form satisfies the requirements of 7 s. 715.104: 8 9 Notice of Right to Reclaim Abandoned Property 10 To: ...(Name of former tenant)... 11 ...(Address of former tenant)... 12 When you vacated the premises at ...(address of 13 premises, including room or apartment number, if any)..., the 14 following personal property remained: ...(insert description 15 of personal property).... 16 You may claim this property at ...(address where 17 property may be claimed).... 18 Unless you pay the reasonable costs of storage and 19 advertising, if any, for all the above-described property and 20 take possession of the property which you claim, not later 21 than ...(insert date not fewer than 10 days after notice is 22 personally delivered or, if mailed, not fewer than 15 days 23 after notice is deposited in the mail)..., this property may 24 be disposed of pursuant to s. 715.109. 25 (Insert here the statement required by subsection (2)) 26 Dated:.... ...(Signature of landlord)... 27 ...(Type or print name of landlord)... 28 ...(Telephone number)... 29 ...(Address)... 30 31 (2) The notice set forth in subsection (1) shall also 4 File original & 9 copies 04/11/01 hbd0016 02:00 pm 00838-0030-304711
HOUSE AMENDMENT 765-103AX-06 Bill No. CS for SB 838, 1st Eng. Amendment No. ___ (for drafter's use only) 1 contain one of the following statements: 2 (a) "If you fail to reclaim the property, it will be 3 sold at a public sale after notice of the sale has been given 4 by publication. You have the right to bid on the property at 5 this sale. After the property is sold and the costs of 6 storage, advertising, and sale are deducted, the remaining 7 money will be paid over to the county. You may claim the 8 remaining money at any time within 1 year after the county 9 receives the money." 10 (b) "Because this property is believed to be worth 11 less than $500 $250, it may be kept, sold, or destroyed 12 without further notice if you fail to reclaim it within the 13 time indicated above." 14 Section 4. Section 715.106, Florida Statutes, is 15 amended to read: 16 715.106 Form of notice to owner other than former 17 tenant.-- 18 (1) A notice which is in substantially the following 19 form given to a person who is not the former tenant and whom 20 the landlord reasonably believes to be the owner of any of the 21 abandoned personal property satisfies the requirements of s. 22 715.104: 23 24 Notice of Right to Reclaim Abandoned Property 25 To: ...(Name)... 26 ...(Address)... 27 When ...(name of former tenant)... vacated the premises 28 at ...(address of premises, including room or apartment 29 number, if any)..., the following personal property remained: 30 ...(insert description of personal property).... 31 If you own any of this property, you may claim it at 5 File original & 9 copies 04/11/01 hbd0016 02:00 pm 00838-0030-304711
HOUSE AMENDMENT 765-103AX-06 Bill No. CS for SB 838, 1st Eng. Amendment No. ___ (for drafter's use only) 1 ...(address where property may be claimed).... Unless you pay 2 the reasonable costs of storage and advertising, if any, and 3 take possession of the property to which you are entitled, not 4 later than ...(insert date not fewer than 10 days after notice 5 is personally delivered or, if mailed, not fewer than 15 days 6 after notice is deposited in the mail)..., this property may 7 be disposed of pursuant to s. 715.109. 8 (Insert here the statement required by subsection (2)) 9 Dated:.... ...(Signature of landlord)... 10 ...(Type or print name of landlord)... 11 ...(Telephone number)... 12 ...(Address)... 13 14 (2) The notice set forth in subsection (1) shall also 15 contain one of the following statements: 16 (a) "If you fail to reclaim the property, it will be 17 sold at a public sale after notice of the sale has been given 18 by publication. You have the right to bid on the property at 19 this sale. After the property is sold and the costs of 20 storage, advertising, and sale are deducted, the remaining 21 money will be paid over to the county. You may claim the 22 remaining money at any time within 1 year after the county 23 receives the money." 24 (b) "Because this property is believed to be worth 25 less than $500 $250, it may be kept, sold, or destroyed 26 without further notice if you fail to reclaim it within the 27 time indicated above." 28 Section 5. Subsection (1) of section 715.109, Florida 29 Statutes, is amended to read: 30 715.109 Sale or disposition of abandoned property.-- 31 (1) If the personal property described in the notice 6 File original & 9 copies 04/11/01 hbd0016 02:00 pm 00838-0030-304711
HOUSE AMENDMENT 765-103AX-06 Bill No. CS for SB 838, 1st Eng. Amendment No. ___ (for drafter's use only) 1 is not released pursuant to s. 715.108, it shall be sold at 2 public sale by competitive bidding. However, if the landlord 3 reasonably believes that the total resale value of the 4 property not released is less than $500 $250, she or he may 5 retain such property for her or his own use or dispose of it 6 in any manner she or he chooses. Nothing in this section 7 shall be construed to preclude the landlord or tenant from 8 bidding on the property at the public sale. The successful 9 bidder's title is subject to ownership rights, liens, and 10 security interests which have priority by law. 11 Section 6. (1) Any member of the United States Armed 12 Forces who is required to move pursuant to permanent change of 13 station orders to depart 35 miles or more from the location of 14 a rental premises or who is prematurely or involuntarily 15 discharged or released from active duty with the United States 16 Armed Forces may terminate his or her rental agreement by 17 providing the landlord with a written notice of termination to 18 be effective on the date stated in the notice that is at least 19 30 days after the landlord's receipt of the notice. The notice 20 to the landlord must be accompanied by either a copy of the 21 official military orders or a written verification signed by 22 the member's commanding officer. 23 (2) Upon termination of a rental agreement under this 24 section, the tenant is liable for the rent due under the 25 rental agreement prorated to the effective date of the 26 termination payable at such time as would have otherwise been 27 required by the terms of the rental agreement. The tenant is 28 not liable for any other rent or damages due to the early 29 termination of the tenancy except the liquidated damages 30 provided in this section. If a tenant terminates the rental 31 agreement pursuant to this section 14 or more days prior to 7 File original & 9 copies 04/11/01 hbd0016 02:00 pm 00838-0030-304711
HOUSE AMENDMENT 765-103AX-06 Bill No. CS for SB 838, 1st Eng. Amendment No. ___ (for drafter's use only) 1 occupancy, no damages or penalties of any kind are due. 2 (3) In consideration of early termination of the 3 rental agreement, the tenant is liable to the landlord for 4 liquidated damages provided the tenant has completed less than 5 9 months of the tenancy and the landlord has suffered actual 6 damages due to loss of the tenancy. The liquidated damages 7 must be no greater than 1 month's rent if the tenant has 8 completed less than 6 months of the tenancy as of the 9 effective date of termination, or one-half of 1 month's rent 10 if the tenant has completed at least 6 but not less than 9 11 months of the tenancy as of the effective date of termination. 12 (4) The provisions of this section may not be waived 13 or modified by the agreement of the parties under any 14 circumstances. 15 Section 7. Subsection (13) is added to section 16 475.011, Florida Statutes, to read: 17 475.011 Exemptions.--This part does not apply to: 18 (13) Any property management firm or any owner of an 19 apartment complex for the act of paying a finder's fee or 20 referral fee to an unlicensed person who is a tenant in such 21 apartment complex provided the value of the fee does not 22 exceed $50 per transaction. Nothing in this subsection 23 authorizes an unlicensed person to advertise or otherwise 24 promote the person's services in procuring or assisting in 25 procuring prospective lessees or tenants of apartment units. 26 For purposes of this subsection, "finder's fee" or "referral 27 fee" means a fee paid, credit towards rent, or some other 28 thing of value provided to a person for introducing or 29 arranging an introduction between parties to a transaction 30 involving the rental or lease of an apartment unit. It is a 31 violation of s. 475.25(1)(h) and punishable under s. 475.42 8 File original & 9 copies 04/11/01 hbd0016 02:00 pm 00838-0030-304711
HOUSE AMENDMENT 765-103AX-06 Bill No. CS for SB 838, 1st Eng. Amendment No. ___ (for drafter's use only) 1 for a property management firm or any owner of an apartment 2 complex to pay a finder's fee or a referral fee to an 3 unlicensed person unless expressly authorized by this 4 subsection. 5 Section 8. This act shall take effect July 1, 2001. 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 1, lines 2-13, 11 remove from the title of the bill: all of said lines 12 13 and insert in lieu thereof: 14 An act relating to landlord and tenant; 15 amending s. 83.49, F.S.; increasing the time 16 period within which a landlord must notify a 17 tenant of the intention to impose a claim on a 18 security deposit; amending s. 83.67, F.S.; 19 exempting certain landlords from a requirement 20 to give notice to former tenants regarding 21 personal property; amending ss. 715.105, 22 715.106, and 715.109, F.S.; increasing the 23 value of abandoned personal property that may 24 be kept, sold, or destroyed by a landlord; 25 conforming notice provisions; providing for 26 termination of a rental agreement by a member 27 of the United States Armed Forces; amending s. 28 475.011, F.S.; providing an additional 29 exemption for certain activities; providing an 30 effective date. 31 9 File original & 9 copies 04/11/01 hbd0016 02:00 pm 00838-0030-304711