| 1 | Representative Stargel offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 56-70 and insert: |
| 5 | (d)1. If provided for in the rental agreement, recover |
| 6 | liquidated damages upon the breach or charge the tenant a fee |
| 7 | for early termination of the rental agreement upon the tenant's |
| 8 | giving the landlord notice as provided for in the rental |
| 9 | agreement. The landlord shall be entitled to both liquidated |
| 10 | damages and an early termination fee, provided the combined |
| 11 | total for liquidated damages and the early termination fee does |
| 12 | not exceed an amount equal to 2 months' rent. The landlord shall |
| 13 | treat such a rental agreement as terminated and charge the |
| 14 | tenant liquidated damages or the early termination fee as |
| 15 | specified in the rental agreement. In such event, the remedies |
| 16 | set forth in paragraphs (a), (b), and (c) are not available to |
| 17 | the landlord. This subparagraph shall not apply when the breach |
| 18 | is failure to give notice at the end of the rental agreement as |
| 19 | provided in s. 83.575. |
| 20 | 2. The tenant shall indicate acceptance of an early |
| 21 | termination fee or liquidated damages provision in the rental |
| 22 | agreement. Acceptance for purposes of this subparagraph shall |
| 23 | include, but not be limited to, the tenant's placing his or her |
| 24 | initials on the provision or otherwise indicating his or her |
| 25 | agreement with the provision. If acceptance is not indicated, |
| 26 | the remedies in paragraph (a), paragraph (b), or paragraph (c) |
| 27 | apply. |
| 28 |
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| 29 | ======= T I T L E A M E N D M E N T ======= |
| 30 | Remove line 12 and insert: |
| 31 | the combined total damages and fee; requiring the tenant to |
| 32 | indicate acceptance of an early termination fee or liquidated |
| 33 | damaged provision in the rental agreement; specifying liability |