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The Committee on Judiciary (Geller) recommended the following

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substitute for amendment (803478):

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (7) of section 83.43, Florida

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Statutes, is amended, and subsection (17) is added to that

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section, to read:

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     83.43  Definitions.--As used in this part, the following

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words and terms shall have the following meanings unless some

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other meaning is plainly indicated:

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     (7)  "Rental agreement" means any written agreement,

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including amendments or addenda, or oral agreement if for a less

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duration of less than 1 year, providing for use and occupancy of

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premises.

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     (17) "Early termination fee" means any charge, fee, or

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forfeiture that is provided for in a written rental agreement and

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is assessed to a tenant when a tenant elects to terminate the

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rental agreement, as provided in the agreement, and vacates a

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dwelling unit before the end of the rental agreement. An early

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termination fee does not include:

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     (a) Unpaid rent and other accrued charges through the end

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of the month in which the landlord retakes possession of the

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dwelling unit.

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     (b) Charges for damages to the dwelling unit.

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     (c) Charges associated with a rental agreement settlement,

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release, buy-out, or accord and satisfaction agreement.

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     Section 2.  Section 83.595, Florida Statutes, is amended to

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read:

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     83.595 Choice of remedies upon breach or early termination

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by tenant.--

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     (1) If the tenant breaches the rental agreement lease for

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the dwelling unit and the landlord has obtained a writ of

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possession, or the tenant has surrendered possession of the

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dwelling unit to the landlord, or the tenant has abandoned the

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dwelling unit, the landlord may:

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     (1)(a) Treat the rental agreement lease as terminated and

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retake possession for his or her own account, thereby terminating

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any further liability of the tenant; or

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     (2)(b) Retake possession of the dwelling unit for the

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account of the tenant, holding the tenant liable for the

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difference between the rent rental stipulated to be paid under

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the rental lease agreement and what, in good faith, the landlord

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is able to recover from a reletting. If the landlord retakes

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possession, the landlord has a duty to exercise good faith in

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attempting to relet the premises, and any rent received by the

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landlord as a result of the reletting must be deducted from the

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balance of rent due from the tenant. For purposes of this

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subsection, the term "good faith in attempting to relet the

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premises" means that the landlord uses at least the same efforts

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to relet the premises as were used in the initial rental or at

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least the same efforts as the landlord uses in attempting to rent

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other similar rental units, but does not require the landlord to

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give a preference in renting the premises over other vacant

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dwelling units that the landlord owns or has the responsibility

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to rent; or

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     (3)(c) Stand by and do nothing, holding the lessee liable

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for the rent as it comes due; or.

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     (4) Charge liquidated damages, as provided in the rental

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agreement, or an early termination fee to the tenant if the

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landlord and tenant have agreed to liquidated damages or an early

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termination fee, if the amount does not exceed 2 months' rent,

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and if, in the case of an early termination fee, the tenant is

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required to give no more than 60 days notice, as provided in the

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rental agreement, prior to the proposed date of early

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termination. This remedy is available only if the tenant and the

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landlord, at the time the rental agreement was made, indicated

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acceptance of liquidated damages or an early termination fee. The

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tenant must indicate acceptance of liquidated damages or an early

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termination fee by signing a separate addendum to the rental

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agreement containing a provision in substantially the following

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form:

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      I agree, as provided in the rental agreement, to pay $

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(an amount that does not exceed 2 months' rent) as

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liquidated damages or an early termination fee, if I elect to

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terminate the rental agreement, and the landlord waives the right

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to seek additional rent beyond the month in which the landlord

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retakes possession.

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      I do not agree to liquidated damages or an early

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termination fee, and I acknowledge that the landlord may seek

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damages as provided by law.

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     (a) In addition to liquidated damages or an early

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termination fee, the landlord is entitled to the rent and other

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charges accrued through the end of the month in which the

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landlord retakes possession of the dwelling unit and charges for

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damages to the dwelling unit.

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     (b) This subsection does not apply if the breach is failure

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to give notice as provided in s. 83.575.

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     (2) If the landlord retakes possession of the dwelling unit

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for the account of the tenant, the landlord has a duty to

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exercise good faith in attempting to relet the premises, and any

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rentals received by the landlord as a result of the reletting

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shall be deducted from the balance of rent due from the tenant.

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For purposes of this section, "good faith in attempting to relet

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the premises" means that the landlord shall use at least the same

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efforts to relet the premises as were used in the initial rental

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or at least the same efforts as the landlord uses in attempting

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to lease other similar rental units but does not require the

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landlord to give a preference in leasing the premises over other

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vacant dwelling units that the landlord owns or has the

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responsibility to rent.

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     Section 3.  This act shall take effect upon becoming a law.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to residential tenancies; amending s.

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83.43, F.S.; redefining the term "rental agreement";

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defining the term "early termination fee"; amending s.

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83.595, F.S.; allowing a landlord to terminate a rental

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agreement and recover liquidated damages or charge the

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tenant an early termination fee for breach of the

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agreement, or both, under certain circumstances; requiring

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the tenant to indicate acceptance of an early termination

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fee or liquidated-damages provision in the rental

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agreement in order for the provision to take effect;

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providing a limit on the combined total of damages and

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fees; providing liability of the tenant for rent, other

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charges due, and rental concessions; providing an

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effective date.

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4/16/2008  2:36:00 PM     31-07792A-08