Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 490
       
       
       
       
       
       
                                Barcode 497380                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/11/2013           .                                
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       The Committee on Regulated Industries (Gibson) recommended the
       following:
       
    1         Senate Amendment to Amendment (884422) (with title
    2  amendment)
    3  
    4         Delete lines 343 - 353
    5  and insert:
    6         Section 9. Section 83.57, Florida Statutes, is amended to
    7  read:
    8         83.57 Termination of tenancy without specific duration
    9  term.—A tenancy without a specific duration, as defined in s.
   10  83.46(2) or (3), may be terminated by either party giving
   11  written notice in the manner provided in s. 83.56(4), as
   12  follows:
   13         (1) When the tenancy is from year to year, by giving not
   14  less than 60 days’ notice prior to the end of any annual
   15  period.;
   16         (2) When the tenancy is from quarter to quarter, by giving
   17  not less than 30 days’ notice prior to the end of any quarterly
   18  period.;
   19         (3) When the tenancy is from month to month, by giving not
   20  less than 30 15 days’ notice prior to the end of any monthly
   21  period. However, if the tenancy is subject to tenant-based
   22  rental assistance pursuant to s. 8 of the United States Housing
   23  Act of 1937, 42 U.S.C. s. 1437f(o), as amended, the tenancy may
   24  be terminated by giving not less than 60 days’ notice prior to
   25  the end of any monthly period.; and
   26         (4) When the tenancy is from week to week, by giving not
   27  less than 7 days’ notice prior to the end of any weekly period.
   28         Section 10. Section 83.575, Florida Statutes, is amended to
   29  read:
   30         83.575 Termination of tenancy with specific duration.—
   31         (1) A rental agreement with a specific duration may contain
   32  a provision requiring the tenant to notify the landlord before
   33  vacating the premises at the end of the rental agreement and
   34  requiring the landlord to notify the tenant in writing if the
   35  rental agreement will not be renewed; however, a rental
   36  agreement may not require more than 60 days’ notice from the
   37  tenant or the landlord before vacating the premises.
   38         (2) A rental agreement with a specific duration may provide
   39  that if a tenant fails to give the landlord the required notice
   40  before vacating the premises at the end of the rental agreement,
   41  the tenant may be liable for liquidated damages as specified in
   42  the rental agreement if the landlord provides written notice to
   43  the tenant specifying the tenant’s obligations under the
   44  notification provision contained in the lease and the date the
   45  rental agreement is terminated. The landlord must provide such
   46  written notice to the tenant within 15 days before the start of
   47  the notification period contained in the lease. The written
   48  notice shall list all fees, penalties, and other charges
   49  applicable to the tenant under this subsection. The rental
   50  agreement must provide a reciprocal requirement that if the
   51  landlord fails to give the tenant the required notice that the
   52  rental agreement will not be renewed, the rental agreement will
   53  not terminate and the tenant will be entitled to continue
   54  occupying the premises until the landlord gives the tenant the
   55  required written notice of nonrenewal of the rental agreement
   56  and the agreement expires.
   57         (3) If the tenant remains on the premises with the
   58  permission of the landlord after the rental agreement has
   59  terminated and fails to give notice required under s. 83.57(3),
   60  the tenant is liable to the landlord for an additional 1 month’s
   61  rent.
   62  
   63  
   64  ================= T I T L E  A M E N D M E N T ================
   65         And the title is amended as follows:
   66         Delete lines 516 - 519
   67  and insert:
   68         begins upon actual knowledge; amending s. 83.57, F.S.;
   69         revising notice of termination requirements for
   70         certain tenancies without a specific duration;
   71         amending s. 83.575, F.S.; revising notice of
   72         termination requirements for certain tenancies with a
   73         specific duration; providing rental agreement
   74         requirements; deleting a provision relating to the
   75         liability of certain tenants;