HB 921

1	A bill to be entitled
2	An act relating to landlords and tenants; amending s.
3	83.41, F.S.; providing application of certain eviction
4	procedures under part II of ch. 83, F.S., the "Florida
5	Residential Landlord and Tenant Act"; amending s.
6	83.42, F.S.; revising exclusions from application of
7	the part; amending s. 83.48, F.S.; providing that the
8	right to attorney fees may not be waived in a lease
9	agreement; providing that attorney fees may not be
10	awarded in a claim for personal injury damages based
11	on a breach of duty of premises maintenance; amending
12	s. 83.49, F.S.; revising and providing landlord
13	disclosure requirements with respect to deposit money
14	and advance rent; providing requirements for the
15	disbursement of advance rents; providing a rebuttable
16	presumption of receipt of security deposits and a
17	limitation on liability with respect to such deposits;
18	amending s. 83.50, F.S.; removing certain landlord
19	disclosure requirements relating to fire protection;
20	amending s. 83.51, F.S.; revising a landlord's
21	obligation to maintain premises with respect to
22	screens; requiring a landlord to pay assessments due
23	to a condominium, cooperative, or homeowners'
24	association; amending s. 83.56, F.S.; revising
25	procedures for the termination of a rental agreement
26	by a landlord; revising notice and payment procedures;
27	providing that a landlord does not waive the right to
28	terminate the rental agreement or to bring a civil
29	action for noncompliance by accepting partial rent,
30	subject to certain notice; increasing the period to
31	institute an action before an exemption involving rent
32	subsidies is waived; amending s. 83.575, F.S.;
33	revising requirements for the termination of tenancy
34	with specific duration to provide for reciprocal
35	notice provisions in rental agreements; amending ss.
36	83.58, 83.59, 83.60, and 83.63, F.S.; updating and
37	conforming cross-references; making editorial changes;
38	amending s. 83.62, F.S.; revising procedures for the
39	restoration of possession to a landlord to provide
40	that weekends and holidays do not stay the applicable
41	notice period; amending s. 83.64, F.S.; providing
42	examples of conduct for which the landlord may not
43	retaliate; creating s. 83.683, F.S.; providing that a
44	landlord is not required to notify a tenant of a
45	mortgage default; providing that a pending foreclosure
46	action involving the leased premises is not grounds
47	for a tenant to terminate a lease; providing an
48	effective date.
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  Section 83.41, Florida Statutes, is amended to
53	read:
54	83.41  Application.-
55	(1)  This part applies to the rental of a dwelling unit.
56	(2)  The eviction procedures in s. 83.62 apply to eviction
57	from a dwelling subsequent to a final judgment in foreclosure,
58	ejectment, quiet title, partition, or other cause of action in
59	which the court awards possession of a dwelling unit. The
60	eviction procedures in ss. 83.59, 83.60, 83.61, 83.62, 83.625,
61	and 83.681 apply to eviction from a dwelling based on nonpayment
62	of association fees required to be paid to a condominium,
63	cooperative, or homeowners' association after demand. In such
64	cases, the prevailing party in the litigation shall be
65	considered a landlord for purposes of those sections. A
66	prevailing party awarded possession of a dwelling unit shall be
67	governed by s. 83.67(1), (5), (6), and (7).
68	Section 2.  Subsection (2) of section 83.42, Florida
69	Statutes, is amended to read:
70	83.42  Exclusions from application of part.-This part does
71	not apply to:
72	(2)  Occupancy under a bona fide contract of sale of a
73	dwelling unit or the property of which it is a part. A bona fide
74	contract of sale is one in which at least one month's rent has
75	been paid and the buyer has paid a deposit of at least 5 percent
76	of the value of the property, or in which the buyer has paid at
77	least 12 months' rent.
78	Section 3.  Section 83.48, Florida Statutes, is amended to
79	read:
80	83.48  Attorney Attorney's fees.-In any civil action
81	brought to enforce the provisions of the rental agreement or
82	this part, the party in whose favor a judgment or decree has
83	been rendered may recover reasonable court costs, including
84	attorney attorney's fees, from the nonprevailing party. The
85	right to attorney fees in this section may not be waived in a
86	lease agreement. However, attorney fees may not be awarded under
87	this section in a claim for personal injury damages based on a
88	breach of duty under s. 83.51.
89	Section 4.  Subsections (2), (3), and (7) of section 83.49,
90	Florida Statutes, are amended to read:
91	83.49  Deposit money or advance rent; duty of landlord and
92	tenant.-
93	(2)  The landlord shall, in the lease agreement or within
94	30 days after of receipt of advance rent or a security deposit,
95	furnish notify the tenant in writing with a disclosure regarding
96	of the manner in which the landlord is holding the advance rent
97	or security deposit and the rate of interest, if any, which the
98	tenant is to receive and the time of interest payments to the
99	tenant. Such written notice shall:
100	(a)  Be given in person or by mail to the tenant.
101	(b)  State the name and address of the depository where the
102	advance rent or security deposit is being held, whether the
103	advance rent or security deposit is being held in a separate
104	account for the benefit of the tenant or is commingled with
105	other funds of the landlord, and, if commingled, whether such
106	funds are deposited in an interest-bearing account in a Florida
107	banking institution.
108	(c)  Include a copy of the provisions of subsection (3).
109
110	Subsequent to providing such notice, if the landlord changes the
111	manner or location in which he or she is holding the advance
112	rent or security deposit, he or she shall notify the tenant
113	within 30 days after of the change according to the provisions
114	of paragraphs (a)-(d) herein set forth. The landlord is not
115	required to give a new notice solely because the depository has
116	merged with another financial institution, changed its name, or
117	transferred ownership to a different financial institution. This
118	subsection does not apply to any landlord who rents fewer than
119	five individual dwelling units. Failure to provide this notice
120	is shall not be a defense to the payment of rent when due. Such
121	written notice shall:
122	(a)  Be given in person or by mail to the tenant;
123	(b)  State the name and address of the depository where the
124	advance rent or security deposit is being held, or state that
125	the landlord has posted a surety bond as provided by law;
126	(c)  State whether the tenant is entitled to interest on
127	the deposit; and
128	(d)  Include the following disclosure:
129
130	YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
131	LANDLORD MAY TRANSFER ADVANCE RENTS AND NONREFUNDABLE
132	DEPOSITS TO THE LANDLORD'S ACCOUNT AS THEY ARE DUE AND
133	WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE
134	LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN
135	SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD
136	MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE
137	OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM
138	AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE
139	LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15
140	DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, THE
141	LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE
142	REMAINING DEPOSIT, IF ANY. IF YOU TIMELY OBJECT, THE
143	LANDLORD MUST HOLD THE DEPOSIT AND EITHER YOU OR THE
144	LANDLORD WILL HAVE TO FILE A LAWSUIT SO THAT THE COURT
145	CAN RESOLVE THE DISPUTE.
146
147	IF THE LANDLORD FAILS TO TIMELY SEND YOU NOTICE, THE
148	LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A
149	LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY
150	OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE
151	DEPOSIT BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A
152	REFUND.
153
154	YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
155	BEFORE FILING A LAWSUIT. GENERALLY, THE WINNING PARTY
156	IN ANY LAWSUIT BETWEEN YOU AND YOUR LANDLORD WILL BE
157	AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING
158	PARTY.
159
160	THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF
161	CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL
162	RIGHTS AND OBLIGATIONS.
163
164	(3)  The landlord may disburse advance rents from the
165	deposit account to the landlord's benefit when the advance
166	rental period commences and without notice to the tenant. The
167	landlord may disburse a deposit designated as nonrefundable at
168	the conclusion of the lease and without notice to the tenant.
169	For all other deposits:
170	(a)  Upon the vacating of the premises for termination of
171	the lease, if the landlord does not intend to impose a claim on
172	the security deposit, the landlord shall have 15 days to return
173	the security deposit together with interest if otherwise
174	required, or the landlord shall have 30 days to give the tenant
175	written notice by certified mail to the tenant's last known
176	mailing address of his or her intention to impose a claim on the
177	deposit and the reason for imposing the claim. The notice shall
178	contain a statement in substantially the following form:
179
180	This is a notice of my intention to impose a claim for
181	damages in the amount of .... upon your security deposit, due to
182	..... It is sent to you as required by s. 83.49(3), Florida
183	Statutes. You are hereby notified that you must object in
184	writing to this deduction from your security deposit within 15
185	days from the time you receive this notice or I will be
186	authorized to deduct my claim from your security deposit. Your
187	objection must be sent to ...(landlord's address)....
188
189	If the landlord fails to give the required notice within the 30-
190	day period, he or she forfeits the right to impose a claim upon
191	the security deposit and may not seek setoff against the deposit
192	but may file an action for damages after return of the deposit.
193	(b)  Unless the tenant objects to the imposition of the
194	landlord's claim or the amount thereof within 15 days after
195	receipt of the landlord's notice of intention to impose a claim,
196	the landlord may then deduct the amount of his or her claim and
197	shall remit the balance of the deposit to the tenant within 30
198	days after the date of the notice of intention to impose a claim
199	for damages. The failure of the tenant to make a timely
200	objection does not waive any rights of the tenant to seek
201	damages in a separate action.
202	(c)  If either party institutes an action in a court of
203	competent jurisdiction to adjudicate the party's right to the
204	security deposit, the prevailing party is entitled to receive
205	his or her court costs plus a reasonable fee for his or her
206	attorney. The court shall advance the cause on the calendar.
207	(d)  Compliance with this section by an individual or
208	business entity authorized to conduct business in this state,
209	including Florida-licensed real estate brokers and sales
210	associates, constitutes shall constitute compliance with all
211	other relevant Florida Statutes pertaining to security deposits
212	held pursuant to a rental agreement or other landlord-tenant
213	relationship. Enforcement personnel shall look solely to this
214	section to determine compliance. This section prevails over any
215	conflicting provisions in chapter 475 and in other sections of
216	the Florida Statutes, and shall operate to permit licensed real
217	estate brokers to disburse security deposits and deposit money
218	without having to comply with the notice and settlement
219	procedures contained in s. 475.25(1)(d).
220	(7)  Upon the sale or transfer of title of the rental
221	property from one owner to another, or upon a change in the
222	designated rental agent, any and all security deposits or
223	advance rents being held for the benefit of the tenants shall be
224	transferred to the new owner or agent, together with any earned
225	interest and with an accurate accounting showing the amounts to
226	be credited to each tenant account. Upon the transfer of such
227	funds and records to the new owner or agent as stated herein,
228	and upon transmittal of a written receipt therefor, the
229	transferor is shall be free from the obligation imposed in
230	subsection (1) to hold such moneys on behalf of the tenant.
231	There is a rebuttable presumption that any new owner or agent
232	received the security deposits from the previous owner or agent;
233	however, the new owner or agent is not liable to a tenant for
234	deposits in excess of 1 month's rent. This subsection does not
235	However, nothing herein shall excuse the landlord or agent for a
236	violation of other the provisions of this section while in
237	possession of such deposits.
238	Section 5.  Section 83.50, Florida Statutes, is amended to
239	read:
240	83.50  Disclosure.-
241	(1)  The landlord, or a person authorized to enter into a
242	rental agreement on the landlord's behalf, shall disclose in
243	writing to the tenant, at or before the commencement of the
244	tenancy, the name and address of the landlord or a person
245	authorized to receive notices and demands in the landlord's
246	behalf. The person so authorized to receive notices and demands
247	retains authority until the tenant is notified otherwise. All
248	notices of such names and addresses or changes thereto shall be
249	delivered to the tenant's residence or, if specified in writing
250	by the tenant, to any other address.
251	(2)  The landlord or the landlord's authorized
252	representative, upon completion of construction of a building
253	exceeding three stories in height and containing dwelling units,
254	shall disclose to the tenants initially moving into the building
255	the availability or lack of availability of fire protection.
256	Section 6.  Subsection (1) and paragraph (a) of subsection
257	(2) of section 83.51, Florida Statutes, are amended, and
258	subsection (5) is added to that section, to read:
259	83.51  Landlord's obligation to maintain premises and pay
260	assessments.-
261	(1)  The landlord at all times during the tenancy shall:
262	(a)  Comply with the requirements of applicable building,
263	housing, and health codes; or
264	(b)  Where there are no applicable building, housing, or
265	health codes, maintain the roofs, windows, screens, doors,
266	floors, steps, porches, exterior walls, foundations, and all
267	other structural components in good repair and capable of
268	resisting normal forces and loads and the plumbing in reasonable
269	working condition. However,
270
271	The landlord is shall not be required to maintain a mobile home
272	or other structure owned by the tenant. The landlord's
273	obligations under this subsection may be altered or modified in
274	writing with respect to a single-family home or duplex.
275	(2)(a)  Unless otherwise agreed in writing, in addition to
276	the requirements of subsection (1), the landlord of a dwelling
277	unit other than a single-family home or duplex shall, at all
278	times during the tenancy, make reasonable provisions for:
279	1.  The extermination of rats, mice, roaches, ants, wood-
280	destroying organisms, and bedbugs. When vacation of the premises
281	is required for such extermination, the landlord is shall not be
282	liable for damages but shall abate the rent. The tenant must
283	shall be required to temporarily vacate the premises for a
284	period of time not to exceed 4 days, on 7 days' written notice,
285	if necessary, for extermination pursuant to this subparagraph.
286	2.  Locks and keys.
287	3.  The clean and safe condition of common areas.
288	4.  Garbage removal and outside receptacles therefor.
289	5.  Functioning facilities for heat during winter, running
290	water, and hot water.
291	6.  Screens.
292	(5)  The landlord shall pay assessments due to a
293	condominium, cooperative, or homeowners' association.
294	Section 7.  Subsections (2) through (5) of section 83.56,
295	Florida Statutes, are amended to read:
296	83.56  Termination of rental agreement.-
297	(2)  If the tenant materially fails to comply with s. 83.52
298	or material provisions of the rental agreement, other than a
299	failure to pay rent, or reasonable rules or regulations, the
300	landlord may:
301	(a)  If such noncompliance is of a nature that the tenant
302	should not be given an opportunity to cure it or if the
303	noncompliance constitutes a subsequent or continuing
304	noncompliance within 12 months of a written warning by the
305	landlord of a similar violation, deliver a written notice to the
306	tenant specifying the noncompliance and the landlord's intent to
307	terminate the rental agreement by reason thereof. Examples of
308	noncompliance which are of a nature that the tenant should not
309	be given an opportunity to cure include, but are not limited to,
310	destruction, damage, or misuse of the landlord's or other
311	tenants' property by intentional act or a subsequent or
312	continued unreasonable disturbance. In such event, the landlord
313	may terminate the rental agreement, and the tenant shall have 7
314	days from the date that the notice is delivered to vacate the
315	premises. The notice shall be adequate if it is in substantially
316	the following form:
317
318	You are advised that your lease is terminated effective
319	immediately. You shall have 7 days from the delivery of this
320	letter to vacate the premises. This action is taken because
321	...(cite the noncompliance)....
322
323	(b)  If such noncompliance is of a nature that the tenant
324	should be given an opportunity to cure it, deliver a written
325	notice to the tenant specifying the noncompliance, including a
326	notice that, if the noncompliance is not corrected within 7 days
327	from the date the written notice is delivered, the landlord
328	shall terminate the rental agreement by reason thereof. Examples
329	of such noncompliance include, but are not limited to,
330	activities in contravention of the lease or this part act such
331	as having or permitting unauthorized pets, guests, or vehicles;
332	parking in an unauthorized manner or permitting such parking; or
333	failing to keep the premises clean and sanitary. An eviction
334	action filed pursuant to this paragraph does not require a
335	subsequent notice pursuant to paragraph (a). The notice shall be
336	adequate if it is in substantially the following form:
337
338	You are hereby notified that ...(cite the
339	noncompliance).... Demand is hereby made that you remedy the
340	noncompliance within 7 days of receipt of this notice or your
341	lease shall be deemed terminated and you shall vacate the
342	premises upon such termination. If this same conduct or conduct
343	of a similar nature is repeated within 12 months, your tenancy
344	is subject to termination without further warning and without
345	your being given an opportunity to cure the noncompliance.
346
347	(3)  If the tenant fails to pay rent when due and the
348	default continues for 3 days, excluding Saturday, Sunday, and
349	legal holidays, after delivery of written demand by the landlord
350	for payment of the rent or possession of the premises, the
351	landlord may terminate the rental agreement. Legal holidays for
352	the purpose of this section shall be court-observed holidays
353	only. After service of the 3-day notice, the landlord may
354	require payment of the rent to be by cash, money order, or
355	certified funds. The total amount claimed may include all moneys
356	owed to the landlord through the date of the notice, including
357	late fees. The 3-day notice shall contain a statement in
358	substantially the following form:
359
360	You are hereby notified that you are indebted to me in the
361	sum of .... dollars for the rent and use of the premises
362	...(address of leased premises, including county)..., Florida,
363	now occupied by you and that I demand payment of the rent or
364	possession of the premises within 3 days (excluding Saturday,
365	Sunday, and legal holidays) from the date of delivery of this
366	notice, to wit: on or before the .... day of ...., ...(year)....
367	...(landlord's name, address and phone number)...
368
369	(4)  The delivery of the written notices required by
370	subsections (1), (2), and (3) shall be by mailing or delivery of
371	a true copy thereof or, if the tenant is absent from the
372	premises, by leaving a copy thereof at the residence. The notice
373	requirements of subsections (1), (2), and (3) may not be waived
374	in the lease.
375	(5)(a)  If the landlord accepts rent with actual knowledge
376	of a noncompliance by the tenant or accepts performance by the
377	tenant of any other provision of the rental agreement that is at
378	variance with its provisions, or if the tenant pays rent with
379	actual knowledge of a noncompliance by the landlord or accepts
380	performance by the landlord of any other provision of the rental
381	agreement that is at variance with its provisions, the landlord
382	or tenant waives his or her right to terminate the rental
383	agreement or to bring a civil action for that noncompliance, but
384	not for any subsequent or continuing noncompliance. However, a
385	landlord does not waive the right to terminate the rental
386	agreement or to bring a civil action for that noncompliance
387	simply by accepting partial rent for the period if the landlord
388	notifies the tenant that the landlord is reserving the right to
389	enforce the rental agreement.
390	(b)  Any tenant who wishes to defend against an action by
391	the landlord for possession of the unit for noncompliance of the
392	rental agreement or of relevant statutes must shall comply with
393	the provisions in s. 83.60(2). The court may not set a date for
394	mediation or trial unless the provisions of s. 83.60(2) have
395	been met, but shall enter a default judgment for removal of the
396	tenant with a writ of possession to issue immediately if the
397	tenant fails to comply with s. 83.60(2). This subsection does
398	not apply to that portion of rent subsidies received from a
399	local, state, or national government or an agency of local,
400	state, or national government; however, waiver will occur if an
401	action has not been instituted within 90 45 days after of the
402	noncompliance.
403	Section 8.  Section 83.575, Florida Statutes, is amended to
404	read:
405	83.575  Termination of tenancy with specific duration.-
406	(1)  A rental agreement with a specific duration may
407	contain a provision requiring the tenant to notify the landlord
408	before vacating the premises at the end of the rental agreement
409	if the provision also requires that the landlord notify the
410	tenant if the rental agreement will not be renewed on the same
411	terms; however, a rental agreement may not require more than 60
412	days' notice from either the tenant or the landlord before
413	vacating the premises.
414	(2)  A rental agreement with a specific duration may
415	provide that if a tenant fails to give the required notice
416	before vacating the premises at the end of the rental agreement,
417	the tenant may be liable for liquidated damages as specified in
418	the rental agreement if the landlord provides written notice to
419	the tenant specifying the tenant's obligations under the
420	notification provision contained in the lease and the date the
421	rental agreement is terminated. The landlord must provide such
422	written notice to the tenant within 15 days before the start of
423	the notification period contained in the lease. The written
424	notice shall list all fees, penalties, and other charges
425	applicable to the tenant under this subsection. The rental
426	agreement must provide a reciprocal agreement that if the
427	landlord fails to give the tenant the required timely notice of
428	nonrenewal, the tenant may elect to continue the tenancy for up
429	to 60 days after the tenant's receipt of notice of nonrenewal.
430	(3)  If the tenant remains on the premises with the
431	permission of the landlord after the rental agreement has
432	terminated and fails to give notice required under s. 83.57(3),
433	the tenant is liable to the landlord for an additional 1 month's
434	rent.
435	Section 9.  Section 83.58, Florida Statutes, is amended to
436	read:
437	83.58  Remedies; tenant holding over.-If the tenant holds
438	over and continues in possession of the dwelling unit or any
439	part thereof after the expiration of the rental agreement
440	without the permission of the landlord, the landlord may recover
441	possession of the dwelling unit in the manner provided for in s.
442	83.59 [F.S. 1973]. The landlord may also recover double the
443	amount of rent due on the dwelling unit, or any part thereof,
444	for the period during which the tenant refuses to surrender
445	possession.
446	Section 10.  Subsection (2) of section 83.59, Florida
447	Statutes, is amended to read:
448	83.59  Right of action for possession.-
449	(2)  A landlord, the landlord's attorney, or the landlord's
450	agent, applying for the removal of a tenant, shall file in the
451	county court of the county where the premises are situated a
452	complaint describing the dwelling unit and stating the facts
453	that authorize its recovery. A landlord's agent is not permitted
454	to take any action other than the initial filing of the
455	complaint, unless the landlord's agent is an attorney. The
456	landlord is entitled to the summary procedure provided in s.
457	51.011 [F.S. 1971], and the court shall advance the cause on the
458	calendar.
459	Section 11.  Section 83.60, Florida Statutes, is amended to
460	read:
461	83.60  Defenses to action for rent or possession;
462	procedure.-
463	(1)  In an action by the landlord for possession of a
464	dwelling unit based upon nonpayment of rent or in an action by
465	the landlord under s. 83.55 seeking to recover unpaid rent, the
466	tenant may defend upon the ground of a material noncompliance
467	with s. 83.51(1) [F.S. 1973], or may raise any other defense,
468	whether legal or equitable, that he or she may have, including
469	the defense of retaliatory conduct in accordance with s. 83.64.
470	The defense of a material noncompliance with s. 83.51(1) [F.S.
471	1973] may be raised by the tenant if 7 days have elapsed after
472	the delivery of written notice by the tenant to the landlord,
473	specifying the noncompliance and indicating the intention of the
474	tenant not to pay rent by reason thereof. Such notice by the
475	tenant may be given to the landlord, the landlord's
476	representative as designated pursuant to s. 83.50(1), a resident
477	manager, or the person or entity who collects the rent on behalf
478	of the landlord. A material noncompliance with s. 83.51(1) [F.S.
479	1973] by the landlord is a complete defense to an action for
480	possession based upon nonpayment of rent, and, upon hearing, the
481	court or the jury, as the case may be, shall determine the
482	amount, if any, by which the rent is to be reduced to reflect
483	the diminution in value of the dwelling unit during the period
484	of noncompliance with s. 83.51(1) [F.S. 1973]. After
485	consideration of all other relevant issues, the court shall
486	enter appropriate judgment.
487	(2)  In an action by the landlord for possession of a
488	dwelling unit, if the tenant interposes any defense other than
489	payment, the tenant shall pay into the registry of the court the
490	accrued rent as alleged in the complaint or as determined by the
491	court and the rent that which accrues during the pendency of the
492	proceeding, when due. The clerk shall notify the tenant of such
493	requirement in the summons. Failure of the tenant to pay the
494	rent into the registry of the court or to file a motion to
495	determine the amount of rent to be paid into the registry within
496	5 days, excluding Saturdays, Sundays, and legal holidays, after
497	the date of service of process constitutes an absolute waiver of
498	the tenant's defenses other than payment, and the landlord is
499	entitled to an immediate default judgment for removal of the
500	tenant with a writ of possession to issue without further notice
501	or hearing thereon. If In the event a motion to determine rent
502	is filed, documentation in support of the allegation that the
503	rent as alleged in the complaint is in error is required. Public
504	housing tenants or tenants receiving rent subsidies are shall be
505	required to deposit only that portion of the full rent for which
506	they are the tenant is responsible pursuant to the federal,
507	state, or local program in which they are participating.
508	Section 12.  Subsection (1) of section 83.62, Florida
509	Statutes, is amended to read:
510	83.62  Restoration of possession to landlord.-
511	(1)  In an action for possession, after entry of judgment
512	in favor of the landlord, the clerk shall issue a writ to the
513	sheriff describing the premises and commanding the sheriff to
514	put the landlord in possession after 24 hours' notice
515	conspicuously posted on the premises. Weekends and legal
516	holidays do not stay the 24-hour notice period.
517	Section 13.  Section 83.63, Florida Statutes, is amended to
518	read:
519	83.63  Casualty damage.-If the premises are damaged or
520	destroyed other than by the wrongful or negligent acts of the
521	tenant so that the enjoyment of the premises is substantially
522	impaired, the tenant may terminate the rental agreement and
523	immediately vacate the premises. The tenant may vacate the part
524	of the premises rendered unusable by the casualty, in which case
525	the tenant's liability for rent shall be reduced by the fair
526	rental value of that part of the premises damaged or destroyed.
527	If the rental agreement is terminated, the landlord shall comply
528	with s. 83.49(3) [F.S. 1973].
529	Section 14.  Subsection (1) of section 83.64, Florida
530	Statutes, is amended to read:
531	83.64  Retaliatory conduct.-
532	(1)  It is unlawful for a landlord to discriminatorily
533	increase a tenant's rent or decrease services to a tenant, or to
534	bring or threaten to bring an action for possession or other
535	civil action, primarily because the landlord is retaliating
536	against the tenant. In order for the tenant to raise the defense
537	of retaliatory conduct, the tenant must have acted in good
538	faith. Examples of conduct for which the landlord may not
539	retaliate include, but are not limited to, situations where:
540	(a)  The tenant has complained to a governmental agency
541	charged with responsibility for enforcement of a building,
542	housing, or health code of a suspected violation applicable to
543	the premises;
544	(b)  The tenant has organized, encouraged, or participated
545	in a tenants' organization;
546	(c)  The tenant has complained to the landlord pursuant to
547	s. 83.56(1); or
548	(d)  The tenant is a servicemember who has terminated a
549	rental agreement pursuant to s. 83.682;
550	(e)  The tenant has paid the rent to a condominium,
551	cooperative, or homeowners' association after demand from the
552	association in order to pay the landlord's obligation to the
553	association; or
554	(f)  The tenant has exercised his or her rights under
555	local, state, or federal fair housing laws.
556	Section 15.  Section 83.683, Florida Statutes, is created
557	to read:
558	83.683  Foreclosure of leased property.-
559	(1)  A landlord is not required to notify a tenant of a
560	mortgage default.
561	(2)  A pending foreclosure action involving the leased
562	premises is not grounds for a tenant to terminate a lease.
563	Section 16.  This act shall take effect July 1, 2012.

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