Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 524
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/07/2015           .                                

       The Committee on Banking and Insurance (Clemens) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 83.561, Florida Statutes, is created to
    6  read:
    7         83.561 Termination of rental agreement upon foreclosure.—
    8         (1) If a tenant is occupying residential premises that are
    9  the subject of a foreclosure sale, upon issuance of a
   10  certificate of title following the sale, the purchaser named in
   11  the certificate of title takes title to the residential premises
   12  subject to the rights of the tenant under this section.
   13         (a) The tenant may remain in possession of the premises for
   14  30 days following the date of the purchaser’s delivery of a
   15  written 30-day notice of termination.
   16         (b) The tenant is entitled to the protections of s. 83.67.
   17         (c) The 30-day notice of termination must be in
   18  substantially the following form:
   20                   NOTICE TO TENANT OF TERMINATION                 
   22         You are hereby notified that your rental agreement is
   23  terminated on the date of delivery of this notice and your
   24  occupancy is terminated 30 days following the date of the
   25  delivery of this notice and that I demand possession of the
   26  premises on that ...(date).... If you do not vacate the premises
   27  by this date, I will ask the court for an order allowing me to
   28  remove you and your belongings from the premises. You are
   29  obligated to pay rent during the 30-day period for any amount
   30  that might accrue during that period. Your rent must be
   31  delivered to ...(landlord’s name and address)....
   33         (d) The 30-day notice of termination shall be delivered in
   34  the same manner as provided in s. 83.56(4).
   35         (2) The purchaser at the foreclosure sale may apply to the
   36  court for a writ of possession based upon a sworn affidavit that
   37  the 30-day notice of termination was delivered to the tenant and
   38  the tenant has failed to vacate the premises at the conclusion
   39  of the 30-day period. If the court awards the writ of
   40  possession, the writ must be served on the tenant. The writ of
   41  possession shall be governed by s. 83.62.
   42         (3) This section does not apply if:
   43         (a) The tenant is the mortgagor in the subject foreclosure
   44  or is the child, spouse, or parent of the mortgagor in the
   45  subject foreclosure.
   46         (b) The tenant’s rental agreement is not the result of an
   47  arm’s length transaction.
   48         (c) The tenant’s rental agreement allows the tenant to pay
   49  rent that is substantially less than the fair market rent for
   50  the premises, unless the rent is reduced or subsidized due to a
   51  federal, state, or local subsidy.
   52         (4) This section does not preclude the purchaser from
   53  assuming the prior rental agreement of the tenant; in which
   54  case, the purchaser becomes the landlord and is governed by this
   55  part.
   56         Section 2. This act shall take effect upon becoming a law.
   58  ================= T I T L E  A M E N D M E N T ================
   59  And the title is amended as follows:
   60         Delete everything before the enacting clause
   61  and insert:
   62                        A bill to be entitled                      
   63         An act relating to rental agreements; creating s.
   64         83.561, F.S.; providing that a purchaser taking title
   65         to a tenant-occupied residential property following a
   66         foreclosure sale takes title to the property subject
   67         to the rights of the tenant; specifying the rights of
   68         the tenant; authorizing a tenant to remain in
   69         possession of the property for 30 days following
   70         receipt of a written notice; prescribing the form for
   71         a 30-day notice of termination; establishing
   72         requirements for delivery of the notice; authorizing a
   73         purchaser to apply for a writ of possession if the
   74         tenant refuses to vacate the property; providing
   75         exceptions; providing for construction; providing an
   76         effective date.