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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.; revising and providing definitions; amending

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s. 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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fee; 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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Be It Enacted by the Legislature of the State of Florida:

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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 vacates a dwelling unit

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before the end of the rental agreement. An early termination fee

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does not include:

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     (a) Unpaid rent through the end of the month in which the

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tenant occupied the dwelling unit.

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     (b) Charges for damages to the dwelling unit.

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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) If liquidated damages or an early termination fee are

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provided for in the rental agreement, treat the rental agreement

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as terminated and recover liquidated damages or charge an early

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termination fee upon the tenant's giving notice. This remedy is

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available only if the tenant, at the time the rental agreement

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was made, indicated acceptance of liquidated damages or an early

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termination fee by placing his or her signature or initials next

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to the relevant provision in the agreement. If acceptance was not

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indicated, only the remedies available in subsection (1),

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subsection (2), or subsection (3) apply.

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     (a) The landlord is entitled to both liquidated damages and

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an early termination fee if the combined total charge does not

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exceed an amount equal to 2 months' rent.

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     (b) In addition to liquidated damages or an early

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termination fee, the landlord may charge the tenant for any

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unpaid rent due under the rental agreement through the end of the

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month in which the landlord retakes possession of the dwelling

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unit.

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     (c) 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.