Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB's 1646 & 1038
       
       
       
       
       
       
                                Barcode 163754                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on General Government Appropriations (Aronberg)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 44 - 99
    4  and insert:
    5         Section 1. Section 83.683, Florida Statutes, is created to
    6  read:
    7         83.683 Possession following foreclosure; notice to occupant
    8  of dwelling unit subject to rental agreement.—
    9         (1)The grantee of a certificate of title from the sale in
   10  foreclosure of a dwelling unit subject to a rental agreement
   11  that is not in default may not obtain a writ of possession until
   12  30 days after the grantee provides notice in writing to the
   13  occupant of the dwelling unit stating that the dwelling unit has
   14  been sold, that the lease is terminated, and that the grantee
   15  desires to take possession of the dwelling unit.
   16         (2) The grantee shall effectuate the notice required by
   17  this section by depositing the notice in United States mail
   18  first class and by sending a duplicate of the notice using
   19  certified mail.
   20         (3) The clerk of the circuit court may not issue a writ of
   21  possession unless the grantee files with the clerk a duplicate
   22  of the notice mailed to the occupant as required by this
   23  section.
   24         (4)Nothing in this section is intended to eliminate any
   25  requirement in law that may exist to name the occupant of
   26  property as a party to a foreclosure action as a condition for
   27  the issuance of a writ of possession as part of that foreclosure
   28  action.
   29         Section 2. Section 83.495, Florida Statutes, is created to
   30  read:
   31         83.495Commencement of foreclosure; disclosure; security
   32  deposits and advance rents.—After the initial service of the
   33  complaint in foreclosure proceedings commenced with respect to
   34  property rented as a dwelling unit:
   35         (1)The landlord or the landlord’s authorized
   36  representative shall hold as provided under s. 83.49(1) the
   37  total amount of money deposited or advanced by a current or
   38  prospective tenant as security for performance of the rental
   39  agreement or as advance rent.
   40  (2) The landlord or the landlord’s authorized representative
   41  shall disclose to a prospective tenant the existence of the
   42  pending foreclosure proceedings in the rental agreement or in
   43  another writing before the prospective tenant executes the
   44  rental agreement. The written disclosure shall inform the
   45  prospective tenant that the foreclosure proceedings may affect a
   46  tenant’s right to possess and reside in the dwelling unit and
   47  that the landlord or the landlord’s authorized representative is
   48  required to hold the tenant’s total amount of deposit money or
   49  advance rent as provided under s. 83.49(1). A landlord’s
   50  authorized representative is not liable for failure to notify a
   51  prospective tenant of the foreclosure proceedings unless the
   52  representative received notice of the existence of the pending
   53  foreclosure proceedings from the landlord. (3)In the event the
   54  landlord or the landlord’s authorized representative does not
   55  hold the deposit money or advance rent as provided under s.
   56  83.49(1) and the property is sold in foreclosure, the grantee of
   57  the certificate of title shall credit the tenant’s account for
   58  any deposit money paid by the tenant and make claims against the
   59  deposit pursuant to the provision of s. 83.49(1) attributable to
   60  the tenant. The grantee shall also credit the tenant’s account
   61  for any advance rent for an unexpired rental period. The tenant
   62  must have documentation demonstrating the payment of the
   63  security deposit or advance rent in order to receive the credit.
   64  
   65  ================= T I T L E  A M E N D M E N T ================
   66         And the title is amended as follows:
   67         Delete lines 2 - 20
   68  and insert:
   69         An act relating to foreclosures; creating s. 83.683, F.S.;
   70  providing that the grantee of a certificate of title from the
   71  foreclosure sale of a rental dwelling unit may not take
   72  possession until a specified period after notifying the occupant
   73  of the sale and the intent to take possession; prescribing the
   74  manner of effectuating the notice; prohibiting the clerk of
   75  court from issuing a writ of possession unless the grantee
   76  submits proof of the notice sent to the occupant; providing that
   77  the notice requirement does not eliminate certain requirements
   78  that may exist to make an occupant of property a party to a
   79  foreclosure action; creating s. 83.495, F.S.; providing
   80  requirements for landlords following commencement of a
   81  foreclosure action; providing for security deposits and advance
   82  rents to be maintained in a specified manner; providing for
   83  disclosure of the foreclosure action to prospective tenants;
   84  providing an exception to liability for failure to provide
   85  notice; requiring the grantee of a certificate of title to the
   86  dwelling unit to credit the tenant for security deposits and
   87  advance rents under certain conditions;
   88