Florida Senate - 2012                      CS for CS for SB 1830
       
       
       
       By the Committees on Budget Subcommittee on Criminal and Civil
       Justice Appropriations; and Judiciary; and Senator Flores
       
       
       
       604-04278-12                                          20121830c2
    1                        A bill to be entitled                      
    2         An act relating to landlords and tenants; amending s.
    3         83.42, F.S.; revising exclusions from application of
    4         part II of ch. 83, F.S., relating to residential
    5         tenancies; amending s. 83.48, F.S.; providing that the
    6         right to attorney fees may not be waived in a lease
    7         agreement; providing that attorney fees may not be
    8         awarded in a claim for personal injury damages based
    9         on a breach of duty of premises maintenance; amending
   10         s. 83.49, F.S.; revising and providing landlord
   11         disclosure requirements with respect to deposit money
   12         and advance rent; providing requirements for the
   13         disbursement of advance rents; providing a limited
   14         rebuttable presumption of receipt of security
   15         deposits; providing for certain changes to disclosure
   16         requirements to be phased in; amending s. 83.50, F.S.;
   17         removing certain landlord disclosure requirements
   18         relating to fire protection; amending s. 83.51, F.S.;
   19         revising a landlord’s obligation to maintain a
   20         premises with respect to screens; amending s. 83.56,
   21         F.S.; revising procedures for the termination of a
   22         rental agreement by a landlord; revising notice and
   23         payment procedures; providing that a landlord does not
   24         waive the right to terminate the rental agreement or
   25         to bring a civil action for noncompliance by accepting
   26         partial rent, subject to certain notice; providing
   27         that the period to institute an action before an
   28         exemption involving rent subsidies is waived begins
   29         upon actual knowledge; amending s. 83.575, F.S.;
   30         revising requirements for the termination of a tenancy
   31         having a specific duration to provide for reciprocal
   32         notice provisions in rental agreements; amending ss.
   33         83.58 and 83.59, F.S.; conforming cross-references;
   34         amending s. 83.60, F.S.; providing that a landlord
   35         must be given an opportunity to cure a deficiency in
   36         any notice or pleadings prior to dismissal of an
   37         eviction action; making technical changes; amending s.
   38         83.62, F.S.; revising procedures for the restoration
   39         of possession to a landlord to provide that weekends
   40         and holidays do not stay the applicable notice period;
   41         amending s. 83.63, F.S.; conforming a cross-reference;
   42         amending s. 83.64, F.S.; providing examples of conduct
   43         for which the landlord may not retaliate; amending s.
   44         723.063, F.S.; providing that a mobile home park owner
   45         must be given an opportunity to cure a deficiency in
   46         any notice or pleadings prior to dismissal of an
   47         eviction action; providing an effective date.
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Subsection (2) of section 83.42, Florida
   52  Statutes, is amended to read:
   53         83.42 Exclusions from application of part.—This part does
   54  not apply to:
   55         (2) Occupancy under a contract of sale of a dwelling unit
   56  or the property of which it is a part in which at least one
   57  month’s rent has been paid and the buyer has paid a deposit of
   58  at least 5 percent of the value of the property, or in which the
   59  buyer has paid at least 12 months’ rent.
   60         Section 2. Section 83.48, Florida Statutes, is amended to
   61  read:
   62         83.48 Attorney Attorney’s fees.—In any civil action brought
   63  to enforce the provisions of the rental agreement or this part,
   64  the party in whose favor a judgment or decree has been rendered
   65  may recover reasonable court costs, including, but not limited
   66  to, attorney attorney’s fees, from the nonprevailing party. The
   67  right to attorney fees in this section may not be waived in a
   68  lease agreement. However, attorney fees may not be awarded under
   69  this section in a claim for personal injury damages based on a
   70  breach of duty under s. 83.51.
   71         Section 3. Subsections (2), (3), and (7) of section 83.49,
   72  Florida Statutes, are amended to read:
   73         83.49 Deposit money or advance rent; duty of landlord and
   74  tenant.—
   75         (2) The landlord shall, in the lease agreement or within 30
   76  days after of receipt of advance rent or a security deposit,
   77  furnish written notice to notify the tenant which includes
   78  disclosure of in writing of the manner in which the landlord is
   79  holding the advance rent or security deposit and the rate of
   80  interest, if any, which the tenant is to receive and the time of
   81  interest payments to the tenant. Such written notice shall:
   82         (a) Be given in person or by mail to the tenant.
   83         (b) State the name and address of the depository where the
   84  advance rent or security deposit is being held, whether the
   85  advance rent or security deposit is being held in a separate
   86  account for the benefit of the tenant or is commingled with
   87  other funds of the landlord, and, if commingled, whether such
   88  funds are deposited in an interest-bearing account in a Florida
   89  banking institution.
   90         (c) Include a copy of the provisions of subsection (3).
   91  
   92  Subsequent to providing such notice, if the landlord changes the
   93  manner or location in which he or she is holding the advance
   94  rent or security deposit, he or she shall notify the tenant
   95  within 30 days after of the change according to the provisions
   96  of paragraphs (a)-(d) herein set forth. The landlord is not
   97  required to give a new notice or an additional notice solely
   98  because the depository has merged with another financial
   99  institution, changed its name, or transferred ownership to a
  100  different financial institution. This subsection does not apply
  101  to any landlord who rents fewer than five individual dwelling
  102  units. Failure to provide this notice is shall not be a defense
  103  to the payment of rent when due. Such written notice must:
  104         (a) Be given in person or by mail to the tenant;
  105         (b) State the name and address of the depository where the
  106  advance rent or security deposit is being held, or state that
  107  the landlord has posted a surety bond as provided by law;
  108         (c) State whether the tenant is entitled to interest on the
  109  deposit; and
  110         (d) Include the following disclosure:
  111  
  112         YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
  113         LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S
  114         ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU
  115         MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS
  116         SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING
  117         YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE,
  118         WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S
  119         INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU
  120         DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO
  121         THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE
  122         LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM
  123         AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF
  124         YOU TIMELY OBJECT, THE LANDLORD MUST HOLD THE DEPOSIT
  125         AND EITHER YOU OR THE LANDLORD WILL HAVE TO FILE A
  126         LAWSUIT SO THAT THE COURT CAN RESOLVE THE DISPUTE.
  127  
  128         IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE
  129         LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A
  130         LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY
  131         OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE
  132         DEPOSIT BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A
  133         REFUND.
  134  
  135         YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
  136         BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
  137         FAVOR A JUDGMENT HAS BEEN RENDERED WILL BE AWARDED
  138         COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
  139  
  140         THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF
  141         CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL
  142         RIGHTS AND OBLIGATIONS.
  143  
  144         (3) The landlord may disburse advance rents from the
  145  deposit account to the landlord’s benefit when the advance
  146  rental period commences and without notice to the tenant. For
  147  all other deposits:
  148         (a) Upon the vacating of the premises for termination of
  149  the lease, if the landlord does not intend to impose a claim on
  150  the security deposit, the landlord shall have 15 days to return
  151  the security deposit together with interest if otherwise
  152  required, or the landlord shall have 30 days to give the tenant
  153  written notice by certified mail to the tenant’s last known
  154  mailing address of his or her intention to impose a claim on the
  155  deposit and the reason for imposing the claim. The notice shall
  156  contain a statement in substantially the following form:
  157  
  158         This is a notice of my intention to impose a claim for
  159  damages in the amount of .... upon your security deposit, due to
  160  ..... It is sent to you as required by s. 83.49(3), Florida
  161  Statutes. You are hereby notified that you must object in
  162  writing to this deduction from your security deposit within 15
  163  days from the time you receive this notice or I will be
  164  authorized to deduct my claim from your security deposit. Your
  165  objection must be sent to ...(landlord’s address)....
  166  
  167  If the landlord fails to give the required notice within the 30
  168  day period, he or she forfeits the right to impose a claim upon
  169  the security deposit and may not seek a setoff against the
  170  deposit but may file an action for damages after return of the
  171  deposit.
  172         (b) Unless the tenant objects to the imposition of the
  173  landlord’s claim or the amount thereof within 15 days after
  174  receipt of the landlord’s notice of intention to impose a claim,
  175  the landlord may then deduct the amount of his or her claim and
  176  shall remit the balance of the deposit to the tenant within 30
  177  days after the date of the notice of intention to impose a claim
  178  for damages. The failure of the tenant to make a timely
  179  objection does not waive any rights of the tenant to seek
  180  damages in a separate action.
  181         (c) If either party institutes an action in a court of
  182  competent jurisdiction to adjudicate the party’s right to the
  183  security deposit, the prevailing party is entitled to receive
  184  his or her court costs plus a reasonable fee for his or her
  185  attorney. The court shall advance the cause on the calendar.
  186         (d) Compliance with this section by an individual or
  187  business entity authorized to conduct business in this state,
  188  including Florida-licensed real estate brokers and sales
  189  associates, constitutes shall constitute compliance with all
  190  other relevant Florida Statutes pertaining to security deposits
  191  held pursuant to a rental agreement or other landlord-tenant
  192  relationship. Enforcement personnel shall look solely to this
  193  section to determine compliance. This section prevails over any
  194  conflicting provisions in chapter 475 and in other sections of
  195  the Florida Statutes, and shall operate to permit licensed real
  196  estate brokers to disburse security deposits and deposit money
  197  without having to comply with the notice and settlement
  198  procedures contained in s. 475.25(1)(d).
  199         (7) Upon the sale or transfer of title of the rental
  200  property from one owner to another, or upon a change in the
  201  designated rental agent, any and all security deposits or
  202  advance rents being held for the benefit of the tenants shall be
  203  transferred to the new owner or agent, together with any earned
  204  interest and with an accurate accounting showing the amounts to
  205  be credited to each tenant account. Upon the transfer of such
  206  funds and records to the new owner or agent as stated herein,
  207  and upon transmittal of a written receipt therefor, the
  208  transferor is shall be free from the obligation imposed in
  209  subsection (1) to hold such moneys on behalf of the tenant.
  210  There is a rebuttable presumption that any new owner or agent
  211  received the security deposits from the previous owner or agent;
  212  however, the limit of this presumption is one month’s rent. This
  213  subsection does not However, nothing herein shall excuse the
  214  landlord or agent for a violation of other the provisions of
  215  this section while in possession of such deposits.
  216         Section 4. The Legislature recognizes that landlords may
  217  have stocks of preprinted lease forms that contain disclosures
  218  compliant with current law. Accordingly, changes to the
  219  disclosure required of a landlord and made by amendments to s.
  220  83.49, Florida Statutes, in this act, are conditional for leases
  221  entered into between July 1, 2012, and December 31, 2012. During
  222  that period, the landlord may elect to give notice required by
  223  former s. 83.49, Florida Statutes, or the disclosure required
  224  under this act. The disclosure required by this act is required
  225  for all leases entered into on or after January 1, 2013.
  226         Section 5. Section 83.50, Florida Statutes, is amended to
  227  read:
  228         83.50 Disclosure of landlord’s address.—
  229         (1)In addition to other disclosures required by law, the
  230  landlord, or a person authorized to enter into a rental
  231  agreement on the landlord’s behalf, shall disclose in writing to
  232  the tenant, at or before the commencement of the tenancy, the
  233  name and address of the landlord or a person authorized to
  234  receive notices and demands in the landlord’s behalf. The person
  235  so authorized to receive notices and demands retains authority
  236  until the tenant is notified otherwise. All notices of such
  237  names and addresses or changes thereto shall be delivered to the
  238  tenant’s residence or, if specified in writing by the tenant, to
  239  any other address.
  240         (2) The landlord or the landlord’s authorized
  241  representative, upon completion of construction of a building
  242  exceeding three stories in height and containing dwelling units,
  243  shall disclose to the tenants initially moving into the building
  244  the availability or lack of availability of fire protection.
  245         Section 6. Subsection (1) and paragraph (a) of subsection
  246  (2) of section 83.51, Florida Statutes, are amended to read:
  247         83.51 Landlord’s obligation to maintain premises.—
  248         (1) The landlord at all times during the tenancy shall:
  249         (a) Comply with the requirements of applicable building,
  250  housing, and health codes; or
  251         (b) Where there are no applicable building, housing, or
  252  health codes, maintain the roofs, windows, screens, doors,
  253  floors, steps, porches, exterior walls, foundations, and all
  254  other structural components in good repair and capable of
  255  resisting normal forces and loads and the plumbing in reasonable
  256  working condition. However, The landlord is shall not be
  257  required to maintain a mobile home or other structure owned by
  258  the tenant.
  259  
  260  The landlord’s obligations under this subsection may be altered
  261  or modified in writing with respect to a single-family home or
  262  duplex.
  263         (2)(a) Unless otherwise agreed in writing, in addition to
  264  the requirements of subsection (1), the landlord of a dwelling
  265  unit other than a single-family home or duplex shall, at all
  266  times during the tenancy, make reasonable provisions for:
  267         1. The extermination of rats, mice, roaches, ants, wood
  268  destroying organisms, and bedbugs. When vacation of the premises
  269  is required for such extermination, the landlord is shall not be
  270  liable for damages but shall abate the rent. The tenant must
  271  shall be required to temporarily vacate the premises for a
  272  period of time not to exceed 4 days, on 7 days’ written notice,
  273  if necessary, for extermination pursuant to this subparagraph.
  274         2. Locks and keys.
  275         3. The clean and safe condition of common areas.
  276         4. Garbage removal and outside receptacles therefor.
  277         5. Functioning facilities for heat during winter, running
  278  water, and hot water.
  279         Section 7. Subsections (2) through (5) of section 83.56,
  280  Florida Statutes, are amended to read:
  281         83.56 Termination of rental agreement.—
  282         (2) If the tenant materially fails to comply with s. 83.52
  283  or material provisions of the rental agreement, other than a
  284  failure to pay rent, or reasonable rules or regulations, the
  285  landlord may:
  286         (a) If such noncompliance is of a nature that the tenant
  287  should not be given an opportunity to cure it or if the
  288  noncompliance constitutes a subsequent or continuing
  289  noncompliance within 12 months of a written warning by the
  290  landlord of a similar violation, deliver a written notice to the
  291  tenant specifying the noncompliance and the landlord’s intent to
  292  terminate the rental agreement by reason thereof. Examples of
  293  noncompliance which are of a nature that the tenant should not
  294  be given an opportunity to cure include, but are not limited to,
  295  destruction, damage, or misuse of the landlord’s or other
  296  tenants’ property by intentional act or a subsequent or
  297  continued unreasonable disturbance. In such event, the landlord
  298  may terminate the rental agreement, and the tenant shall have 7
  299  days from the date that the notice is delivered to vacate the
  300  premises. The notice shall be adequate if it is in substantially
  301  the following form:
  302  
  303         You are advised that your lease is terminated effective
  304  immediately. You shall have 7 days from the delivery of this
  305  letter to vacate the premises. This action is taken because
  306  ...(cite the noncompliance)....
  307  
  308         (b) If such noncompliance is of a nature that the tenant
  309  should be given an opportunity to cure it, deliver a written
  310  notice to the tenant specifying the noncompliance, including a
  311  notice that, if the noncompliance is not corrected within 7 days
  312  from the date the written notice is delivered, the landlord
  313  shall terminate the rental agreement by reason thereof. Examples
  314  of such noncompliance include, but are not limited to,
  315  activities in contravention of the lease or this part act such
  316  as having or permitting unauthorized pets, guests, or vehicles;
  317  parking in an unauthorized manner or permitting such parking; or
  318  failing to keep the premises clean and sanitary. If there is a
  319  noncompliance within 12 months after notice, an eviction action
  320  may commence without the necessity of delivering a subsequent
  321  notice pursuant to paragraph (a) or this paragraph. However, if
  322  the notice pursuant to paragraph (a) or this paragraph is not
  323  given, the clerk may not issue a writ to the sheriff to put the
  324  landlord into possession of the premises before the 3rd day
  325  after the date that the action for possession was served on a
  326  tenant pursuant to s. 48.183. The notice shall be adequate if it
  327  is in substantially the following form:
  328  
  329         You are hereby notified that ...(cite the
  330  noncompliance).... Demand is hereby made that you remedy the
  331  noncompliance within 7 days of receipt of this notice or your
  332  lease shall be deemed terminated and you shall vacate the
  333  premises upon such termination. If this same conduct or conduct
  334  of a similar nature is repeated within 12 months, your tenancy
  335  is subject to termination without further warning and without
  336  your being given an opportunity to cure the noncompliance.
  337  
  338         (3) If the tenant fails to pay rent when due and the
  339  default continues for 3 days, excluding Saturday, Sunday, and
  340  legal holidays, after delivery of written demand by the landlord
  341  for payment of the rent or possession of the premises, the
  342  landlord may terminate the rental agreement. Legal holidays for
  343  the purpose of this section shall be court-observed holidays
  344  only. The total amount claimed may include all moneys owed to
  345  the landlord through the date of the notice, including, but not
  346  limited to, late fees. The 3-day notice shall contain a
  347  statement in substantially the following form:
  348  
  349         You are hereby notified that you are indebted to me in the
  350  sum of .... dollars for the rent and use of the premises
  351  ...(address of leased premises, including county)..., Florida,
  352  now occupied by you and that I demand payment of the rent or
  353  possession of the premises within 3 days (excluding Saturday,
  354  Sunday, and legal holidays) from the date of delivery of this
  355  notice, to wit: on or before the .... day of ...., ...(year)....
  356         ...(landlord’s name, address and phone number)...
  357  
  358         (4) The delivery of the written notices required by
  359  subsections (1), (2), and (3) shall be by mailing or delivery of
  360  a true copy thereof or, if the tenant is absent from the
  361  premises, by leaving a copy thereof at the residence. The notice
  362  requirements of subsections (1), (2), and (3) may not be waived
  363  in the lease.
  364         (5)(a) If the landlord accepts rent with actual knowledge
  365  of a noncompliance by the tenant or accepts performance by the
  366  tenant of any other provision of the rental agreement that is at
  367  variance with its provisions, or if the tenant pays rent with
  368  actual knowledge of a noncompliance by the landlord or accepts
  369  performance by the landlord of any other provision of the rental
  370  agreement that is at variance with its provisions, the landlord
  371  or tenant waives his or her right to terminate the rental
  372  agreement or to bring a civil action for that noncompliance, but
  373  not for any subsequent or continuing noncompliance. However, a
  374  landlord does not waive the right to terminate the rental
  375  agreement or to bring a civil action for that noncompliance by
  376  accepting partial rent for the period if the landlord notifies
  377  the tenant that the landlord is reserving the right to enforce
  378  the rental agreement.
  379         (b) Any tenant who wishes to defend against an action by
  380  the landlord for possession of the unit for noncompliance of the
  381  rental agreement or of relevant statutes must shall comply with
  382  the provisions in s. 83.60(2). The court may not set a date for
  383  mediation or trial unless the provisions of s. 83.60(2) have
  384  been met, but must shall enter a default judgment for removal of
  385  the tenant with a writ of possession to issue immediately if the
  386  tenant fails to comply with s. 83.60(2).
  387         (c) This subsection does not apply to that portion of rent
  388  subsidies received from a local, state, or national government
  389  or an agency of local, state, or national government; however,
  390  waiver will occur if an action has not been instituted within 45
  391  days after the landlord obtains actual knowledge of the
  392  noncompliance.
  393         Section 8. Section 83.575, Florida Statutes, is amended to
  394  read:
  395         83.575 Termination of tenancy with specific duration.—
  396         (1) A rental agreement with a specific duration may contain
  397  a provision requiring the tenant to notify the landlord before
  398  vacating the premises at the end of the rental agreement if the
  399  provision also requires that the landlord notify the tenant if
  400  the rental agreement will not be renewed on the same terms;
  401  however, a rental agreement may not require more than 60 days’
  402  notice from either the tenant or the landlord before vacating
  403  the premises.
  404         (2) A rental agreement with a specific duration may provide
  405  that if a tenant fails to give the required notice before
  406  vacating the premises at the end of the rental agreement, the
  407  tenant may be liable for liquidated damages as specified in the
  408  rental agreement if the landlord provides written notice to the
  409  tenant specifying the tenant’s obligations under the
  410  notification provision contained in the lease and the date the
  411  rental agreement is terminated. The landlord must provide such
  412  written notice to the tenant within 15 days before the start of
  413  the notification period contained in the lease. The written
  414  notice shall list all fees, penalties, and other charges
  415  applicable to the tenant under this subsection.
  416         (3) If the tenant remains on the premises with the
  417  permission of the landlord after the rental agreement has
  418  terminated and fails to give notice required under s. 83.57(3),
  419  the tenant is liable to the landlord for an additional 1 month’s
  420  rent.
  421         Section 9. Section 83.58, Florida Statutes, is amended to
  422  read:
  423         83.58 Remedies; tenant holding over.—If the tenant holds
  424  over and continues in possession of the dwelling unit or any
  425  part thereof after the expiration of the rental agreement
  426  without the permission of the landlord, the landlord may recover
  427  possession of the dwelling unit in the manner provided for in s.
  428  83.59 [F.S. 1973]. The landlord may also recover double the
  429  amount of rent due on the dwelling unit, or any part thereof,
  430  for the period during which the tenant refuses to surrender
  431  possession.
  432         Section 10. Subsection (2) of section 83.59, Florida
  433  Statutes, is amended to read:
  434         83.59 Right of action for possession.—
  435         (2) A landlord, the landlord’s attorney, or the landlord’s
  436  agent, applying for the removal of a tenant, shall file in the
  437  county court of the county where the premises are situated a
  438  complaint describing the dwelling unit and stating the facts
  439  that authorize its recovery. A landlord’s agent is not permitted
  440  to take any action other than the initial filing of the
  441  complaint, unless the landlord’s agent is an attorney. The
  442  landlord is entitled to the summary procedure provided in s.
  443  51.011 [F.S. 1971], and the court shall advance the cause on the
  444  calendar.
  445         Section 11. Section 83.60, Florida Statutes, is amended to
  446  read:
  447         83.60 Defenses to action for rent or possession;
  448  procedure.—
  449         (1)(a) In an action by the landlord for possession of a
  450  dwelling unit based upon nonpayment of rent or in an action by
  451  the landlord under s. 83.55 seeking to recover unpaid rent, the
  452  tenant may defend upon the ground of a material noncompliance
  453  with s. 83.51(1) [F.S. 1973], or may raise any other defense,
  454  whether legal or equitable, that he or she may have, including
  455  the defense of retaliatory conduct in accordance with s. 83.64.
  456  The landlord must be given an opportunity to cure a deficiency
  457  in a notice or in the pleadings prior to dismissal of the
  458  action.
  459         (b) The defense of a material noncompliance with s.
  460  83.51(1) [F.S. 1973] may be raised by the tenant if 7 days have
  461  elapsed after the delivery of written notice by the tenant to
  462  the landlord, specifying the noncompliance and indicating the
  463  intention of the tenant not to pay rent by reason thereof. Such
  464  notice by the tenant may be given to the landlord, the
  465  landlord’s representative as designated pursuant to s. 83.50(1),
  466  a resident manager, or the person or entity who collects the
  467  rent on behalf of the landlord. A material noncompliance with s.
  468  83.51(1) [F.S. 1973] by the landlord is a complete defense to an
  469  action for possession based upon nonpayment of rent, and, upon
  470  hearing, the court or the jury, as the case may be, shall
  471  determine the amount, if any, by which the rent is to be reduced
  472  to reflect the diminution in value of the dwelling unit during
  473  the period of noncompliance with s. 83.51(1) [F.S. 1973]. After
  474  consideration of all other relevant issues, the court shall
  475  enter appropriate judgment.
  476         (2) In an action by the landlord for possession of a
  477  dwelling unit, if the tenant interposes any defense other than
  478  payment, including, but not limited to, the defense of a
  479  defective 3-day notice, the tenant shall pay into the registry
  480  of the court the accrued rent as alleged in the complaint or as
  481  determined by the court and the rent that which accrues during
  482  the pendency of the proceeding, when due. The clerk shall notify
  483  the tenant of such requirement in the summons. Failure of the
  484  tenant to pay the rent into the registry of the court or to file
  485  a motion to determine the amount of rent to be paid into the
  486  registry within 5 days, excluding Saturdays, Sundays, and legal
  487  holidays, after the date of service of process constitutes an
  488  absolute waiver of the tenant’s defenses other than payment, and
  489  the landlord is entitled to an immediate default judgment for
  490  removal of the tenant with a writ of possession to issue without
  491  further notice or hearing thereon. If In the event a motion to
  492  determine rent is filed, documentation in support of the
  493  allegation that the rent as alleged in the complaint is in error
  494  is required. Public housing tenants or tenants receiving rent
  495  subsidies are shall be required to deposit only that portion of
  496  the full rent for which they are the tenant is responsible
  497  pursuant to the federal, state, or local program in which they
  498  are participating.
  499         Section 12. Subsection (1) of section 83.62, Florida
  500  Statutes, is amended to read:
  501         83.62 Restoration of possession to landlord.—
  502         (1) In an action for possession, after entry of judgment in
  503  favor of the landlord, the clerk shall issue a writ to the
  504  sheriff describing the premises and commanding the sheriff to
  505  put the landlord in possession after 24 hours’ notice
  506  conspicuously posted on the premises. Weekends and legal
  507  holidays do not stay the 24-hour notice period.
  508         Section 13. Section 83.63, Florida Statutes, is amended to
  509  read:
  510         83.63 Casualty damage.—If the premises are damaged or
  511  destroyed other than by the wrongful or negligent acts of the
  512  tenant so that the enjoyment of the premises is substantially
  513  impaired, the tenant may terminate the rental agreement and
  514  immediately vacate the premises. The tenant may vacate the part
  515  of the premises rendered unusable by the casualty, in which case
  516  the tenant’s liability for rent shall be reduced by the fair
  517  rental value of that part of the premises damaged or destroyed.
  518  If the rental agreement is terminated, the landlord shall comply
  519  with s. 83.49(3) [F.S. 1973].
  520         Section 14. Subsection (1) of section 83.64, Florida
  521  Statutes, is amended to read:
  522         83.64 Retaliatory conduct.—
  523         (1) It is unlawful for a landlord to discriminatorily
  524  increase a tenant’s rent or decrease services to a tenant, or to
  525  bring or threaten to bring an action for possession or other
  526  civil action, primarily because the landlord is retaliating
  527  against the tenant. In order for the tenant to raise the defense
  528  of retaliatory conduct, the tenant must have acted in good
  529  faith. Examples of conduct for which the landlord may not
  530  retaliate include, but are not limited to, situations where:
  531         (a) The tenant has complained to a governmental agency
  532  charged with responsibility for enforcement of a building,
  533  housing, or health code of a suspected violation applicable to
  534  the premises;
  535         (b) The tenant has organized, encouraged, or participated
  536  in a tenants’ organization;
  537         (c) The tenant has complained to the landlord pursuant to
  538  s. 83.56(1); or
  539         (d) The tenant is a servicemember who has terminated a
  540  rental agreement pursuant to s. 83.682;
  541         (e) The tenant has paid rents to a condominium,
  542  cooperative, or homeowners’ association after demand from the
  543  association in order to pay the landlord’s obligation to the
  544  association; or
  545         (f) The tenant has exercised his or her rights under local,
  546  state, or federal fair housing laws.
  547         Section 15. Subsection (1) of section 723.063, Florida
  548  Statutes, is amended to read:
  549         723.063 Defenses to action for rent or possession;
  550  procedure.—
  551         (1)(a) In any action based upon nonpayment of rent or
  552  seeking to recover unpaid rent, or a portion thereof, the mobile
  553  home owner may defend upon the ground of a material
  554  noncompliance with any portion of this chapter or may raise any
  555  other defense, whether legal or equitable, which he or she may
  556  have. The mobile home park owner must be given an opportunity to
  557  cure a deficiency in a notice or in the pleadings prior to
  558  dismissal of the action.
  559         (b) The defense of material noncompliance may be raised by
  560  the mobile home owner only if 7 days have elapsed after he or
  561  she has notified the park owner in writing of his or her
  562  intention not to pay rent, or a portion thereof, based upon the
  563  park owner’s noncompliance with portions of this chapter,
  564  specifying in reasonable detail the provisions in default. A
  565  material noncompliance with this chapter by the park owner is a
  566  complete defense to an action for possession based upon
  567  nonpayment of rent, or a portion thereof, and, upon hearing, the
  568  court or the jury, as the case may be, shall determine the
  569  amount, if any, by which the rent is to be reduced to reflect
  570  the diminution in value of the lot during the period of
  571  noncompliance with any portion of this chapter. After
  572  consideration of all other relevant issues, the court shall
  573  enter appropriate judgment.
  574         Section 16. This act shall take effect July 1, 2012.