HB 401

1	A bill to be entitled
2	An act relating to statements of nonforeclosure or pending
3	foreclosure of residential property; creating s. 83.675,
4	F.S.; requiring that a lessor of a residential dwelling
5	unit notify the lessee of the dwelling unit whether the
6	dwelling unit that is the subject of the rental agreement
7	is or is not in foreclosure or in short-sale status and
8	whether the mortgage lender intends to initiate
9	foreclosure proceedings or short-sale procedures within a
10	specified time; requiring that the notice be included in
11	the rental agreement; providing a form for the notice;
12	providing that a lessor who fails to comply with the
13	notice requirement is liable to the lessee for actual
14	damages sustained, a civil penalty, and reasonable
15	attorney's fees and costs; requiring that an action to
16	recover damages be brought within a specified time;
17	providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 83.675, Florida Statutes, is created to
22	read:
23	83.675  Statements of residential nonforeclosure; civil
24	remedies.--
25	(1)  The lessor of a residential dwelling unit shall notify
26	each lessee the status of the residential dwelling unit that is
27	the subject of the rental agreement with respect to foreclosure
28	or short sale and whether, to the best of the lessor's knowledge
29	and belief, the mortgage lender intends to initiate foreclosure
30	proceedings or short-sale procedures within the next 12 months.
31	(2)  Each residential rental agreement entered into on and
32	after July 1, 2009, must include in the rental agreement, or in
33	a written agreement separate from the rental agreement, notice
34	of the requirement set forth in subsection (1). If the notice is
35	provided in the rental agreement, there must be printed or
36	clearly stamped on the rental agreement a legend in
37	substantially the following form:
38
39	STATEMENT OF NONFORECLOSURE OR SHORT SALE
40
41	THE LESSOR,................, HEREBY ACKNOWLEDGES TO
42	THE LESSEE,................, THAT THE PREMISES OF THE
43	RESIDENTIAL DWELLING UNIT,...(ADDRESS OF DWELLING
44	UNIT)...IS NOT IN FORECLOSURE OR IN SHORT-SALE STATUS.
45	THE LESSOR ALSO ACKNOWLEDGES THAT, TO THE BEST OF HIS
46	OR HER KNOWLEDGE AND BELIEF, THE MORTGAGE LENDER DOES
47	NOT INTEND TO INITIATE FORECLOSURE PROCEEDINGS WITHIN
48	THE NEXT 12 MONTHS.
49
50	IF THE LESSOR ADVISES THE LESSEE THAT A FORECLOSURE
51	PROCEEDING INVOLVING THE DWELLING UNIT IS PENDING OR
52	MAY BE INITIATED WITHIN THE NEXT 12 MONTHS, AND IF THE
53	LESSEE INTENDS TO CONTINUE TO ENTER INTO A RESIDENTIAL
54	AGREEMENT WITH THE LESSOR, THE LESSEE MUST
55	SPECIFICALLY ACKNOWLEDGE THAT HE OR SHE UNDERSTANDS
56	THAT HE OR SHE CONTINUES TO OCCUPY THE DWELLING UNIT
57	AT HIS OR HER OWN RISK.
58
59	IF A LESSOR PROVIDES FALSE INFORMATION TO THE LESSEE,
60	THE LESSOR IS SUBJECT TO CIVIL PENALTIES, INCLUDING A
61	FINE OF UP TO $10,000.
62
63	LESSOR:............
64
65	DATE:............
66
67	LESSEE:............
68
69	DATE:........
70
71	(3)(a)  A lessor who fails to comply with the requirements
72	of this section is liable to any lessee for actual damages
73	sustained, a civil penalty of up to $10,000, and reasonable
74	attorney's fees and costs.
75	(b)  In addition to any other remedy provided by law, a
76	lessee may bring an action in circuit court to recover actual
77	damages sustained, a civil penalty up to $10,000, and reasonable
78	attorney's fees and costs. An action authorized by this section
79	must be brought within 1 year following the date of the last
80	payment under the lease agreement.
81	Section 2.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.