Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 27, 2nd Eng.
       
       
       
       
       
       
                                Barcode 879436                          
       
                              LEGISLATIVE ACTION                        
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       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         83.495Commencement 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