Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 636
                        Barcode 351466
                            CHAMBER ACTION
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11  The Committee on Judiciary (Clary) recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (7) of section 83.43, Florida
19  Statutes, is amended to read:
20         83.43  Definitions.--As used in this part, the
21  following words and terms shall have the following meanings
22  unless some other meaning is plainly indicated:
23         (7)  "Rental agreement" means any written agreement,
24  including an amendment or addendum to the written agreement,
25  or oral agreement if for less duration than 1 year, providing
26  for use and occupancy of premises.
27         Section 2.  Section 83.595, Florida Statutes, is
28  amended to read:
29         83.595  Choice of remedies upon breach by tenant.--
30         (1)  If the tenant breaches the rental agreement lease
31  for the dwelling unit and the landlord has obtained a writ of
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    5:55 PM   03/13/06                             s0636d-ju04-k0a

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 636 Barcode 351466 1 possession, or the tenant has surrendered possession of the 2 dwelling unit to the landlord, or the tenant has abandoned the 3 dwelling unit, the landlord may: 4 (a) Treat the rental agreement lease as terminated and 5 retake possession for his or her own account, thereby 6 terminating any further liability of the tenant; or 7 (b) Retake possession of the dwelling unit for the 8 account of the tenant, holding the tenant liable for the 9 difference between the rent rental stipulated to be paid under 10 the rental lease agreement and what, in good faith, the 11 landlord is able to recover from a reletting; or 12 (c) Stand by and do nothing, holding the lessee liable 13 for the rent as it comes due; or. 14 (d) If provided for in the rental agreement, recover 15 liquidated damages upon the breach or charge the tenant a fee 16 for early termination of the rental agreement upon the 17 tenant's giving the landlord notice as provided for in the 18 rental agreement. If the tenant breaches the rental agreement, 19 the landlord shall treat the rental agreement as terminated 20 and charge the tenant liquidated damages or the early 21 termination fee as specified in the rental agreement. The 22 landlord is entitled to both liquidated damages and an early 23 termination fee. However, the combined total for liquidated 24 damages and the early termination fee may not exceed an amount 25 equal to 2 months' rent. Thereafter, the landlord may not 26 choose the remedies set forth in paragraph (a), paragraph (b), 27 or paragraph (c). This paragraph does not apply if the breach 28 results from the tenant's failure to give notice at the end of 29 the rental agreement as provided in s. 83.575. 30 (2) The landlord may charge the tenant for any unpaid 31 rent, other charges due under the rental agreement through the 2 5:55 PM 03/13/06 s0636d-ju04-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 636 Barcode 351466 1 end of the month in which the landlord retakes possession of 2 the dwelling unit, and any rental concessions that the tenant 3 has received. For purposes of this subsection, the term 4 "rental concessions" means any amount by which all or a 5 portion of the base rent, options, or fees is reduced in 6 consideration for the tenant's entering into the rental 7 agreement which are contained in the rental agreement. 8 (3)(2) If the landlord retakes possession of the 9 dwelling unit for the account of the tenant under paragraph 10 (1)(b), the landlord has a duty to exercise good faith in 11 attempting to relet the premises, and any rent rentals 12 received by the landlord as a result of the reletting shall be 13 deducted from the balance of rent due from the tenant. For 14 purposes of this section, "good faith in attempting to relet 15 the premises" means that the landlord shall use at least the 16 same efforts to relet the premises as were used in the initial 17 rental or at least the same efforts as the landlord uses in 18 attempting to rent lease other similar rental units but does 19 not require the landlord to give a preference in leasing the 20 premises over other vacant dwelling units that the landlord 21 owns or has the responsibility to rent. 22 Section 3. This act shall take effect upon becoming a 23 law and applies to any rental agreement entered into prior to 24 the effective date of this act in which the parties agreed to 25 the remedies authorized in this act. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 3 5:55 PM 03/13/06 s0636d-ju04-k0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 636 Barcode 351466 1 and insert: 2 A bill to be entitled 3 An act relating to residential tenancies; 4 amending s. 83.43, F.S.; defining the term 5 "rental agreement" for residential tenancies to 6 include an amendment or addendum to the rental 7 agreement; amending s. 83.595, F.S.; allowing a 8 landlord to terminate a rental agreement and 9 recover liquidated damages for breach of the 10 agreement or charge the tenant an early 11 termination fee, or both, under certain 12 circumstances; providing a limit on the 13 combined total damages and fee; specifying 14 liability of the tenant for rent, other charges 15 otherwise due, and rental concessions under 16 certain circumstances; providing an effective 17 date. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 5:55 PM 03/13/06 s0636d-ju04-k0a