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