Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 27, 2nd Eng. Barcode 879436 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Constantine moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 2844 and 2845 4 insert: 5 Section 26. Subsection (7) of section 83.49, Florida 6 Statutes, is amended to read: 7 (7) Upon the sale or transfer of title of the rental 8 property from one owner to another, or upon a change in the 9 designated rental agent, any and all security deposits or 10 advance rents being held for the benefit of the tenants shall be 11 transferred to the new owner or agent, together with any earned 12 interest and with an accurate accounting showing the amounts to 13 be credited to each tenant account. Upon the transfer of such 14 funds and records as stated herein, and upon transmittal of a 15 written receipt therefor, the transferor shall be free from the 16 obligation imposed in subsection (1) to hold such moneys on 17 behalf of the tenant. However, nothing herein shall excuse the 18 landlord or agent for a violation of the provisions of this 19 section while in possession of such deposits. To the extent the 20 grantee of the certificate of title in a foreclosure action, or 21 the grantee’s assignee, receives a tenant’s deposit money or 22 advance rent, the grantee or grantee’s assignee shall be 23 responsible for the proper handling and refund of the security 24 deposit and advance rent as provided in this section. 25 Section 27. Section 83.495, Florida Statutes, is created to 26 read: 27 83.495 Commencement of foreclosure; disclosure; security 28 deposits and advance rents.—After the initial service of the 29 complaint in foreclosure proceedings commenced with respect to 30 property rented as a dwelling unit: 31 (1) The landlord or the landlord’s authorized 32 representative shall continue to be responsible for money 33 deposited or advanced as security or as advance rent as provided 34 in s. 83.49. 35 (2) The landlord or the landlord’s authorized 36 representative shall disclose to a prospective tenant the 37 existence of the pending foreclosure proceedings in the rental 38 agreement or in another writing before the prospective tenant 39 executes the rental agreement. The written disclosure shall 40 inform the prospective tenant that the foreclosure proceedings 41 may affect a tenant’s right to possess and reside in the 42 dwelling unit and that the landlord or the landlord’s authorized 43 representative is required to hold the tenant’s total amount of 44 deposit money or advance rent as provided in s. 83.49. A 45 landlord’s authorized representative is not liable for failure 46 to notify a prospective tenant of the foreclosure proceedings 47 unless the representative received notice of the existence of 48 the pending foreclosure proceedings from the landlord. 49 Section 28. Section 83.683, Florida Statutes, is created to 50 read: 51 83.683 Possession following foreclosure; notice to occupant 52 of dwelling unit subject to rental agreement.— 53 (1) The grantee of a certificate of title from the sale in 54 foreclosure of a dwelling unit subject to a rental agreement 55 that is not in default may not obtain a writ of possession until 56 30 days after the grantee provides notice in writing to the 57 occupant of the dwelling unit stating that the dwelling unit has 58 been sold, that the lease is terminated, and that the grantee 59 desires to take possession of the dwelling unit. 60 (2) The grantee shall effectuate the notice required by 61 this section by depositing the notice in United States mail 62 first class and by sending a duplicate of the notice using 63 certified mail. 64 (3) The clerk of the circuit court may not issue a writ of 65 possession unless the grantee files with the clerk a duplicate 66 of the notice mailed to the occupant as required by this 67 section. 68 (4) Nothing in this section is intended to eliminate any 69 requirement in law that may exist to name the occupant of 70 property as a party to a foreclosure action as a condition for 71 the issuance of a writ of possession as part of that foreclosure 72 action. 73 74 (Redesignate subsequent section.) 75 76 ================= T I T L E A M E N D M E N T ================ 77 And the title is amended as follows: 78 Delete line 172 79 and insert: 80 specified provisions of federal law; amending 83.49, F.S.; 81 providing that the grantee of a certificate of title in a 82 foreclosure action is responsible for proper handling and refund 83 of a tenant's security deposit and advance rent under certain 84 conditions; creating s. 83.495, F.S.; prescribing a landlord’s 85 responsibility for security deposits or advance rents following 86 commencement of a foreclosure action; providing for disclosure 87 of the foreclosure action to prospective tenants; providing an 88 exception to liability for failure to provide notice; creating 89 s. 83.683, F.S.; providing that the grantee of a certificate of 90 title from the foreclosure sale of a rental dwelling unit may 91 not take possession until a specified period after notifying the 92 occupant of the sale and the intent to take possession; 93 prescribing the manner of effectuating the notice; prohibiting 94 the clerk of court from issuing a writ of possession unless the 95 grantee submits proof of the notice sent to the occupant; 96 providing that the notice requirement does not eliminate certain 97 requirements that may exist to make an occupant of property a 98 party to a foreclosure action; providing an