Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 636
                        Barcode 852352
                            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, and subsection (17) is added to that
20  section, to read:
21         83.43  Definitions.--As used in this part, the
22  following words and terms shall have the following meanings
23  unless some other meaning is plainly indicated:
24         (7)  "Rental agreement" means any written agreement,
25  including amendments or addenda, or oral agreement if for less
26  duration than 1 year, providing for use and occupancy of
27  premises.
28         (17)  "Early termination fee" means any charge, fee, or
29  forfeiture, contained in a written rental agreement, which is
30  assessed to a tenant when a tenant vacates a dwelling unit
31  before the end of the rental agreement. An early termination
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 636 Barcode 852352 1 fee does not include: 2 (a) Charges for services actually rendered to the 3 tenant. 4 (b) Unpaid rent through the end of the month in which 5 the tenant occupied the dwelling unit. 6 (c) Charges for damages to the dwelling unit. 7 Section 2. Section 83.595, Florida Statutes, is 8 amended to read: 9 83.595 Choice of remedies upon breach or early 10 termination by tenant.-- 11 (1) If the tenant breaches the rental agreement lease 12 for the dwelling unit and the landlord has obtained a writ of 13 possession, or the tenant has surrendered possession of the 14 dwelling unit to the landlord, or the tenant has abandoned the 15 dwelling unit, the landlord may: 16 (a) Treat the rental agreement lease as terminated and 17 retake possession for his or her own account, thereby 18 terminating any further liability of the tenant; or 19 (b) Retake possession of the dwelling unit for the 20 account of the tenant, holding the tenant liable for the 21 difference between the rent rental stipulated to be paid under 22 the rental lease agreement and what, in good faith, the 23 landlord is able to recover from a reletting; or 24 (c) Stand by and do nothing, holding the lessee liable 25 for the rent as it comes due; or. 26 (d)1. If provided for in the rental agreement, recover 27 liquidated damages upon the breach or charge the tenant a fee 28 for early termination of the rental agreement upon the 29 tenant's giving the landlord notice as provided for in the 30 rental agreement. The landlord shall be entitled to both 31 liquidated damages and an early termination fee, provided the 2 4:55 PM 04/21/06 s0636d-ju04-c8t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 636 Barcode 852352 1 combined total charged for liquidated damages and the early 2 termination fee does not exceed an amount equal to 2 months' 3 rent. The landlord shall treat such a rental agreement as 4 terminated and charge the tenant liquidated damages or the 5 early termination fee as specified in the rental agreement. In 6 such event, the remedies set forth in paragraphs (a), (b), and 7 (c) are not available to the landlord. This subparagraph shall 8 not apply when the breach is failure to give notice at the end 9 of the rental agreement as provided in s. 83.575. 10 2. The tenant shall indicate acceptance of an early 11 termination fee or liquidated damages provision in the rental 12 agreement. Acceptance for purposes of this subparagraph shall 13 include, but not be limited to, the tenant's placing his or 14 her initials next to the provision or otherwise indicating his 15 or her agreement with the provision. If acceptance is not 16 indicated, the remedies in paragraph (a), paragraph (b), or 17 paragraph (c) apply. 18 (2) The landlord may charge the tenant for any unpaid 19 rent, other charges due under the rental agreement through the 20 end of the month in which the landlord retakes possession of 21 the dwelling unit, and any rental concessions that the tenant 22 has received. For purposes of this subsection, the term 23 "rental concessions" means any amount contained in the rental 24 agreement by which all or a portion of the base rent or 25 options is reduced or any service or thing of value is given 26 in consideration for the tenant's entering into the rental 27 agreement. 28 (3)(2) If the landlord retakes possession of the 29 dwelling unit for the account of the tenant pursuant to 30 paragraph (1)(b), the landlord has a duty to exercise good 31 faith in attempting to relet the premises, and any rent 3 4:55 PM 04/21/06 s0636d-ju04-c8t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 636 Barcode 852352 1 rentals received by the landlord as a result of the reletting 2 shall be deducted from the balance of rent due from the 3 tenant. For purposes of this section, "good faith in 4 attempting to relet the premises" means that the landlord 5 shall use at least the same efforts to relet the premises as 6 were used in the initial rental or at least the same efforts 7 as the landlord uses in attempting to rent lease other similar 8 rental units but does not require the landlord to give a 9 preference in leasing the premises over other vacant dwelling 10 units that the landlord owns or has the responsibility to 11 rent. 12 Section 3. This act applies to any rental agreement 13 entered into prior to the effective date of this act in which 14 the parties agree to the remedies authorized in this act, 15 except that s. 83.595(1)(d)2., Florida Statutes, applies to 16 any rental agreement entered into on or after the effective 17 date of this act. However, this act does not invalidate any 18 liquidated damages or early termination fee in any rental 19 agreement entered into prior to the effective date of this 20 act. 21 Section 4. This act shall take effect upon becoming a 22 law. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 Delete everything before the enacting clause 28 29 and insert: 30 A bill to be entitled 31 An act relating to residential tenancies; 4 4:55 PM 04/21/06 s0636d-ju04-c8t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 636 Barcode 852352 1 amending s. 83.43, F.S.; revising and providing 2 definitions; amending s. 83.595, F.S.; allowing 3 a landlord to terminate a rental agreement and 4 recover liquidated damages for breach of the 5 agreement or charge the tenant an early 6 termination fee, or both, under certain 7 circumstances; providing a limit on the 8 combined total damages and fee; requiring the 9 tenant to indicate acceptance of an early 10 termination fee or liquidated damaged provision 11 in the rental agreement; specifying liability 12 of the tenant for rent, other charges otherwise 13 due, and rental concessions under certain 14 circumstances; providing applicability and 15 certain retroactive effect; providing that the 16 act does not invalidate any liquidated damages 17 or early termination fee in any rental 18 agreement entered into prior to the effective 19 date of the act; providing an effective date. 20 21 22 23 24 25 26 27 28 29 30 31 5 4:55 PM 04/21/06 s0636d-ju04-c8t