| 1 | Representative Patterson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (7) of section 83.43, Florida |
| 6 | Statutes, is amended, and subsection (17) is added to that |
| 7 | section, to read: |
| 8 | 83.43 Definitions.--As used in this part, the following |
| 9 | words and terms shall have the following meanings unless some |
| 10 | other meaning is plainly indicated: |
| 11 | (7) "Rental agreement" means any written agreement, |
| 12 | including amendments or addenda, or oral agreement if for a less |
| 13 | duration of less than 1 year, providing for use and occupancy of |
| 14 | premises. |
| 15 | (17) "Early termination fee" means any charge, fee, or |
| 16 | forfeiture that is provided for in a written rental agreement |
| 17 | and is assessed to a tenant when a tenant elects to terminate |
| 18 | the rental agreement, as provided in the agreement, and vacates |
| 19 | a dwelling unit before the end of the rental agreement. An early |
| 20 | termination fee does not include: |
| 21 | (a) Unpaid rent and other accrued charges through the end |
| 22 | of the month in which the landlord retakes possession of the |
| 23 | dwelling unit. |
| 24 | (b) Charges for damages to the dwelling unit. |
| 25 | (c) Charges associated with a rental agreement settlement, |
| 26 | release, buy-out, or accord and satisfaction agreement. |
| 27 | Section 2. Section 83.595, Florida Statutes, is amended to |
| 28 | read: |
| 29 | 83.595 Choice of remedies upon breach or early termination |
| 30 | by tenant.-- |
| 31 | (1) If the tenant breaches the rental agreement lease for |
| 32 | the dwelling unit and the landlord has obtained a writ of |
| 33 | possession, or the tenant has surrendered possession of the |
| 34 | dwelling unit to the landlord, or the tenant has abandoned the |
| 35 | dwelling unit, the landlord may: |
| 36 | (1)(a) Treat the rental agreement lease as terminated and |
| 37 | retake possession for his or her own account, thereby |
| 38 | terminating any further liability of the tenant; or |
| 39 | (2)(b) Retake possession of the dwelling unit for the |
| 40 | account of the tenant, holding the tenant liable for the |
| 41 | difference between the rent rental stipulated to be paid under |
| 42 | the rental lease agreement and what, in good faith, the landlord |
| 43 | is able to recover from a reletting. If the landlord retakes |
| 44 | possession, the landlord has a duty to exercise good faith in |
| 45 | attempting to relet the premises, and any rent received by the |
| 46 | landlord as a result of the reletting must be deducted from the |
| 47 | balance of rent due from the tenant. For purposes of this |
| 48 | subsection, the term "good faith in attempting to relet the |
| 49 | premises" means that the landlord uses at least the same efforts |
| 50 | to relet the premises as were used in the initial rental or at |
| 51 | least the same efforts as the landlord uses in attempting to |
| 52 | rent other similar rental units but does not require the |
| 53 | landlord to give a preference in renting the premises over other |
| 54 | vacant dwelling units that the landlord owns or has the |
| 55 | responsibility to rent; or |
| 56 | (3)(c) Stand by and do nothing, holding the lessee liable |
| 57 | for the rent as it comes due; or. |
| 58 | (4) Charge liquidated damages, as provided in the rental |
| 59 | agreement, or an early termination fee to the tenant if the |
| 60 | landlord and tenant have agreed to liquidated damages or an |
| 61 | early termination fee, if the amount does not exceed 2 months' |
| 62 | rent, and if, in the case of an early termination fee, the |
| 63 | tenant is required to give no more than 60 days' notice, as |
| 64 | provided in the rental agreement, prior to the proposed date of |
| 65 | early termination. This remedy is available only if the tenant |
| 66 | and the landlord, at the time the rental agreement was made, |
| 67 | indicated acceptance of liquidated damages or an early |
| 68 | termination fee. The tenant must indicate acceptance of |
| 69 | liquidated damages or an early termination fee by signing a |
| 70 | separate addendum to the rental agreement containing a provision |
| 71 | in substantially the following form: |
| 72 | [__] I agree, as provided in the rental agreement, to pay |
| 73 | $____(an amount that does not exceed 2 months' rent) as |
| 74 | liquidated damages or an early termination fee if I elect to |
| 75 | terminate the rental agreement, and the landlord waives the |
| 76 | right to seek additional rent beyond the month in which the |
| 77 | landlord retakes possession. |
| 78 | [__] I do not agree to liquidated damages or an early |
| 79 | termination fee, and I acknowledge that the landlord may seek |
| 80 | damages as provided by law. |
| 81 | (a) In addition to liquidated damages or an early |
| 82 | termination fee, the landlord is entitled to the rent and other |
| 83 | charges accrued through the end of the month in which the |
| 84 | landlord retakes possession of the dwelling unit and charges for |
| 85 | damages to the dwelling unit. |
| 86 | (b) This subsection does not apply if the breach is |
| 87 | failure to give notice as provided in s. 83.575. |
| 88 | (2) If the landlord retakes possession of the dwelling |
| 89 | unit for the account of the tenant, the landlord has a duty to |
| 90 | exercise good faith in attempting to relet the premises, and any |
| 91 | rentals received by the landlord as a result of the reletting |
| 92 | shall be deducted from the balance of rent due from the tenant. |
| 93 | For purposes of this section, "good faith in attempting to relet |
| 94 | the premises" means that the landlord shall use at least the |
| 95 | same efforts to relet the premises as were used in the initial |
| 96 | rental or at least the same efforts as the landlord uses in |
| 97 | attempting to lease other similar rental units but does not |
| 98 | require the landlord to give a preference in leasing the |
| 99 | premises over other vacant dwelling units that the landlord owns |
| 100 | or has the responsibility to rent. |
| 101 | Section 3. This act shall take effect upon becoming a law. |
| 102 |
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| 103 | ----------------------------------------------------- |
| 104 | T I T L E A M E N D M E N T |
| 105 | Remove the entire title and insert: |
| 106 | A bill to be entitled |
| 107 | An act relating to residential tenancies; amending s. 83.43, |
| 108 | F.S.; redefining the term "rental agreement"; defining the term |
| 109 | "early termination fee"; amending s. 83.595, F.S.; allowing a |
| 110 | landlord to terminate a rental agreement and recover liquidated |
| 111 | damages or charge the tenant an early termination fee for breach |
| 112 | of the agreement, or both, under certain circumstances; |
| 113 | requiring the tenant to indicate acceptance of an early |
| 114 | termination fee or liquidated-damages provision in the rental |
| 115 | agreement in order for the provision to take effect; providing a |
| 116 | limit on the combined total of damages and fees; providing |
| 117 | liability of the tenant for rent, other charges due, and rental |
| 118 | concessions; providing an effective date. |