Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 530
       
       
       
       
       
       
                                Barcode 397834                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 4/AD/2R         .                                
             05/03/2011 04:16 PM       .                                
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       Senator Fasano moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1887 - 1930
    4  and insert:
    5         (8)(a) If the parcel is occupied by a tenant and the parcel
    6  owner is delinquent in paying any monetary obligation due to the
    7  association, the association may demand that the tenant pay to
    8  the association the subsequent rental payments and continue to
    9  make such payments until all the monetary obligations of the
   10  parcel owner related to the parcel have been paid in full to the
   11  association and the future monetary obligations related to the
   12  parcel. The demand is continuing in nature, and upon demand, the
   13  tenant must continue to pay the monetary obligations until the
   14  association releases the tenant or until the tenant discontinues
   15  tenancy in the parcel.
   16         1. The association must provide the tenant a notice, by
   17  hand delivery or United States mail, in substantially the
   18  following form:
   19  
   20         Pursuant to section 720.3085(8), Florida
   21         Statutes, we demand that you make your rent payments
   22         directly to the homeowners’ association and continue
   23         doing so until the association notifies you otherwise.
   24         Payment due the homeowners’ association may be in
   25         the same form as you paid your landlord and must be
   26         sent by United States mail or hand delivery to
   27         ...(full address)..., payable to ...(name)....
   28         Your obligation to pay your rent to the
   29         association begins immediately, unless you have
   30         already paid rent to your landlord for the current
   31         period before receiving this notice. In that case, you
   32         must provide the association written proof of your
   33         payment within 14 days after receiving this notice and
   34         your obligation to pay rent to the association would
   35         then begin with the next rental period.
   36         Pursuant to section 720.3085(8), Florida
   37         Statutes, your payment of rent to the association
   38         gives you complete immunity from any claim for the
   39         rent by your landlord.
   40  
   41         2. A tenant who acts in good faith in response to a written
   42  demand from an association is immune from any claim by from the
   43  parcel owner related to the rent timely paid to the association
   44  after the association has made written demand.
   45         (b)(a) If the tenant paid prepaid rent to the landlord or
   46  parcel owner for a given rental period before receiving the
   47  demand from the association and provides written evidence to the
   48  association of having paid paying the rent to the association
   49  within 14 days after receiving the demand, the tenant shall
   50  begin making rental payments to the association for the
   51  following rental period and shall continue making receive credit
   52  for the prepaid rent for the applicable period and must make any
   53  subsequent rental payments to the association to be credited
   54  against the monetary obligations of the parcel owner until the
   55  association releases the tenant or the tenant discontinues
   56  tenancy in the unit to the association. The association shall,
   57  upon request, provide the tenant with written receipts for
   58  payments made. The association shall mail written notice to the
   59  parcel owner of the association’s demand that the tenant pay
   60  monetary obligations to the association.
   61         (c)(b)The liability of the tenant may not exceed the
   62  amount due from the tenant to the tenant’s landlord. The tenant
   63  is not liable for increases in the amount of the monetary
   64  obligations due unless the tenant was notified in writing of the
   65  increase at least 10 days before the date on which the rent is
   66  due. The tenant shall be given a credit against rents due to the
   67  landlord parcel owner in the amount of assessments paid to the
   68  association.
   69         (d)(c) The association may issue notice notices under s.
   70  83.56 and may sue for eviction under ss. 83.59-83.625 as if the
   71  association were a landlord under part II of chapter 83 if the
   72  tenant fails to pay a monetary obligation. However, the
   73  association is not otherwise considered a landlord under chapter
   74  83 and specifically has no obligations duties under s. 83.51.
   75         (e)(d) The tenant does not, by virtue of payment of
   76  monetary obligations, have any of the rights of a parcel owner
   77  to vote in any election or to examine the books and records of
   78  the association.
   79         (f)(e) A court may supersede the effect of this subsection
   80  by appointing a receiver.
   81  
   82  ================= T I T L E  A M E N D M E N T ================
   83         And the title is amended as follows:
   84         Delete line 106
   85  and insert:
   86         specified circumstances; providing association notice
   87         requirements regarding tenants delinquent in paying
   88         any monetary obligation due to the association;
   89         amending s. 720.309, F.S.;