Amendment
Bill No. 1277
Amendment No. 878021
CHAMBER ACTION
Senate House
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1Representative Patterson offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (7) of section 83.43, Florida
6Statutes, is amended, and subsection (17) is added to that
7section, to read:
8     83.43  Definitions.--As used in this part, the following
9words and terms shall have the following meanings unless some
10other meaning is plainly indicated:
11     (7)  "Rental agreement" means any written agreement,
12including amendments or addenda, or oral agreement if for a less
13duration of less than 1 year, providing for use and occupancy of
14premises.
15     (17)  "Early termination fee" means any charge, fee, or
16forfeiture that is provided for in a written rental agreement
17and is assessed to a tenant when a tenant vacates a dwelling
18unit before the end of the rental agreement. An early
19termination fee does not include:
20     (a)  Unpaid rent through the end of the month in which the
21tenant occupied the dwelling unit.
22     (b)  Charges for damages to the dwelling unit.
23     Section 2.  Section 83.595, Florida Statutes, is amended to
24read:
25     83.595  Choice of remedies upon breach or early termination
26by tenant.--
27     (1)  If the tenant breaches the rental agreement lease for
28the dwelling unit and the landlord has obtained a writ of
29possession, or the tenant has surrendered possession of the
30dwelling unit to the landlord, or the tenant has abandoned the
31dwelling unit, the landlord may:
32     (1)(a)  Treat the rental agreement lease as terminated and
33retake possession for his or her own account, thereby
34terminating any further liability of the tenant; or
35     (2)(b)  Retake possession of the dwelling unit for the
36account of the tenant, holding the tenant liable for the
37difference between the rent rental stipulated to be paid under
38the rental lease agreement and what, in good faith, the landlord
39is able to recover from a reletting. If the landlord retakes
40possession, the landlord has a duty to exercise good faith in
41attempting to relet the premises, and any rent received by the
42landlord as a result of the reletting shall be deducted from the
43balance of rent due from the tenant. For purposes of this
44subsection, the term "good faith in attempting to relet the
45premises" means that the landlord uses at least the same efforts
46to relet the premises as were used in the initial rental or at
47least the same efforts as the landlord uses in attempting to
48rent other similar rental units but does not require the
49landlord to give a preference in renting the premises over other
50vacant dwelling units that the landlord owns or has the
51responsibility to rent; or
52     (3)(c)  Stand by and do nothing, holding the lessee liable
53for the rent as it comes due; or.
54     (4)  If liquidated damages or an early termination fee are
55provided for in the rental agreement, treat the rental agreement
56as terminated and recover liquidated damages or charge an early
57termination fee upon the tenant's giving notice. This remedy is
58available only if the tenant, at the time the rental agreement
59was made, indicated acceptance of liquidated damages or an early
60termination fee by placing his or her signature or initials next
61to the provision in the agreement. If acceptance is not
62indicated, only the remedies available in subsection (1),
63subsection (2), or subsection (3) apply.
64     (a)  The landlord is entitled to both liquidated damages
65and an early termination fee if the combined total charge does
66not exceed an amount equal to 2 months' rent.
67     (b)  In addition to liquidated damages or an early
68termination fee, the landlord may charge the tenant for any
69unpaid rent and other charges due under the rental agreement
70through the end of the month in which the landlord retakes
71possession of the dwelling unit, and any rent concessions that
72the tenant has received up to the maximum of 1 month's rent. For
73purposes of this paragraph, the term "rent concessions" means
74any amount contained in the rental agreement by which all or a
75portion of the base rent is reduced in consideration for the
76tenant's entering into the rental agreement.
77     (c)  This subsection does not apply if the breach is
78failure to give notice as provided in s. 83.575.
79     (2)  If the landlord retakes possession of the dwelling
80unit for the account of the tenant, the landlord has a duty to
81exercise good faith in attempting to relet the premises, and any
82rentals received by the landlord as a result of the reletting
83shall be deducted from the balance of rent due from the tenant.
84For purposes of this section, "good faith in attempting to relet
85the premises" means that the landlord shall use at least the
86same efforts to relet the premises as were used in the initial
87rental or at least the same efforts as the landlord uses in
88attempting to lease other similar rental units but does not
89require the landlord to give a preference in leasing the
90premises over other vacant dwelling units that the landlord owns
91or has the responsibility to rent.
92     Section 3.  This act shall take effect upon becoming a law.
93
94======= T I T L E  A M E N D M E N T ==========
95     Remove the entire title and insert:
96
A bill to be entitled
97An act relating to residential tenancies; amending s. 83.43,
98F.S.; revising and providing definitions; amending s. 83.595,
99F.S.; allowing a landlord to terminate a rental agreement and
100recover liquidated damages or charge the tenant an early
101termination fee for breach of the agreement, or both, under
102certain circumstances; requiring the tenant to indicate
103acceptance of an early termination fee or liquidated-damages
104provision in the rental agreement in order for the provision to
105take effect; providing a limit on the combined total of damages
106and fee; providing liability of the tenant for rent, other
107charges otherwise due, and rental concessions; providing an
108effective date.


CODING: Words stricken are deletions; words underlined are additions.