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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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Haridopolos offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
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:
31  
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                                                   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
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                                                   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
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                                                   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
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                                                   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
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                                                   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
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                                                   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
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                                                   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
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                                                   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  
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