Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 636
                        Barcode 840768
                            CHAMBER ACTION
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11  The Committee on Judiciary (Aronberg) recommended the
12  following amendment to amendment (351466):
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14         Senate Amendment (with title amendment) 
15         On page 2, line 14, through
16            page 3, line 7, delete those lines
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18  and insert:  
19         (d)  Treat the rental agreement as terminated and
20  collect liquidated damages. The term liquidated damages
21  includes all fees or charges imposed upon a tenant for early
22  termination of a rental agreement. The tenant remains liable
23  for fees for services actually rendered, unpaid rent while the
24  tenant occupies the dwelling unit, and damages to the dwelling
25  unit until the tenant surrenders possession of the dwelling
26  unit to the landlord. The liquidated damages may not exceed
27  the lesser of an amount equivalent to:
28         1.  Eighty-five percent of one months rent; or
29         2.  The remaining balance of rent due under the written
30  lease agreement.
31         (2)  If the landlord retakes possession of the dwelling
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    11:44 AM   03/15/06                             s0636.ju27.02p


    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 636
                        Barcode 840768
 1  unit for the account of the tenant under paragraph (1)(b), the
 2  landlord has a duty to exercise good faith in attempting to
 3  relet the premises, and any rent rentals received by the
 4  landlord as a result of the reletting shall be deducted from
 5  the balance of rent due from the tenant. For purposes of this
 6  section, "good faith in attempting to relet the premises"
 7  means that the landlord shall use at least the same efforts to
 8  relet the premises as were used in the initial rental or at
 9  least the same efforts as the landlord uses in attempting to
10  rent lease other similar rental units but does not require the
11  landlord to give a preference in leasing the premises over
12  other vacant dwelling units that the landlord owns or has the
13  responsibility to rent.
14         Section 3.  This act shall take effect upon becoming a
15  law.
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18  ================ T I T L E   A M E N D M E N T ===============
19  And the title is amended as follows:
20         On page 4, lines 8-16, delete those lines
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22  and insert:
23         landlord to terminate a rental agreement while
24         the tenant remains liable for certain fees,
25         unpaid rent, and damages for breach of the
26         rental agreement; providing a limit on
27         liquidated damages; providing an effective
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    11:44 AM   03/15/06                             s0636.ju27.02p