Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 490
       
       
       
       
       
       
                                Barcode 761160                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 83.42, Florida
    6  Statutes, is amended to read:
    7         83.42 Exclusions from application of part.—This part does
    8  not apply to:
    9         (2) Occupancy under a contract of sale of a dwelling unit
   10  or the property of which it is a part in which the buyer has
   11  paid at least 12 months’ rent or in which the buyer has paid at
   12  least 1 month’s rent and a deposit of at least 5 percent of the
   13  purchase price of the property.
   14         Section 2. Section 83.48, Florida Statutes, is amended to
   15  read:
   16         83.48 Attorney Attorney’s fees.—In any civil action brought
   17  to enforce the provisions of the rental agreement or this part,
   18  the party in whose favor a judgment or decree has been rendered
   19  may recover reasonable attorney fees and court costs, including
   20  attorney’s fees, from the nonprevailing party. The right to
   21  attorney fees in this section may not be waived in a lease
   22  agreement. However, attorney fees may not be awarded under this
   23  section in a claim for personal injury damages based on a breach
   24  of duty under s. 83.51.
   25         Section 3. Subsections (2), (3), and (7) of section 83.49,
   26  Florida Statutes, are amended to read:
   27         83.49 Deposit money or advance rent; duty of landlord and
   28  tenant.—
   29         (2) The landlord shall, in the lease agreement or within 30
   30  days after of receipt of advance rent or a security deposit,
   31  give written notice to notify the tenant which includes
   32  disclosure of in writing of the manner in which the landlord is
   33  holding the advance rent or security deposit and the rate of
   34  interest, if any, which the tenant is to receive and the time of
   35  interest payments to the tenant. Such written notice shall:
   36         (a) Be given in person or by mail to the tenant.
   37         (b) State the name and address of the depository where the
   38  advance rent or security deposit is being held, whether the
   39  advance rent or security deposit is being held in a separate
   40  account for the benefit of the tenant or is commingled with
   41  other funds of the landlord, and, if commingled, whether such
   42  funds are deposited in an interest-bearing account in a Florida
   43  banking institution.
   44         (c) Include a copy of the provisions of subsection (3).
   45  Subsequent to providing such written notice, if the landlord
   46  changes the manner or location in which he or she is holding the
   47  advance rent or security deposit, he or she must shall notify
   48  the tenant within 30 days after of the change as provided in
   49  paragraphs (a)-(d). The landlord is not required to give new or
   50  additional notice solely because the depository has merged with
   51  another financial institution, changed its name, or transferred
   52  ownership to a different financial institution according to the
   53  provisions herein set forth. This subsection does not apply to
   54  any landlord who rents fewer than five individual dwelling
   55  units. Failure to give provide this notice is shall not be a
   56  defense to the payment of rent when due. The written notice
   57  must:
   58         (a) Be given in person or by mail to the tenant.
   59         (b) State the name and address of the depository where the
   60  advance rent or security deposit is being held or state that the
   61  landlord has posted a surety bond as provided by law.
   62         (c) State whether the tenant is entitled to interest on the
   63  deposit.
   64         (d) Contain the following disclosure:
   65  
   66         YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
   67  LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS
   68  THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST
   69  GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND
   70  YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU
   71  NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S
   72  INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT
   73  REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN
   74  15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD
   75  WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT,
   76  IF ANY.
   77  
   78         IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE
   79  LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT
   80  AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A
   81  CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY
   82  LATER FILE A LAWSUIT CLAIMING A REFUND.
   83  
   84         YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE
   85  FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT
   86  IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY
   87  THE LOSING PARTY.
   88  
   89         THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF
   90  CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND
   91  OBLIGATIONS.
   92  
   93         (3) The landlord or the landlord’s agent may disburse
   94  advance rents from the deposit account to the landlord’s benefit
   95  when the advance rental period commences and without notice to
   96  the tenant. For all other deposits:
   97         (a) Upon the vacating of the premises for termination of
   98  the lease, if the landlord does not intend to impose a claim on
   99  the security deposit, the landlord shall have 15 days to return
  100  the security deposit together with interest if otherwise
  101  required, or the landlord shall have 30 days to give the tenant
  102  written notice by certified mail to the tenant’s last known
  103  mailing address of his or her intention to impose a claim on the
  104  deposit and the reason for imposing the claim. The notice shall
  105  contain a statement in substantially the following form:
  106  
  107         This is a notice of my intention to impose a claim for
  108  damages in the amount of ....upon your security deposit, due to
  109  ..... It is sent to you as required by s. 83.49(3), Florida
  110  Statutes. You are hereby notified that you must object in
  111  writing to this deduction from your security deposit within 15
  112  days from the time you receive this notice or I will be
  113  authorized to deduct my claim from your security deposit. Your
  114  objection must be sent to ...(landlord’s address)....
  115  
  116         If the landlord fails to give the required notice within
  117  the 30-day period, he or she forfeits the right to impose a
  118  claim upon the security deposit and may not seek a setoff
  119  against the deposit but may file an action for damages after
  120  return of the deposit.
  121         (b) Unless the tenant objects to the imposition of the
  122  landlord’s claim or the amount thereof within 15 days after
  123  receipt of the landlord’s notice of intention to impose a claim,
  124  the landlord may then deduct the amount of his or her claim and
  125  shall remit the balance of the deposit to the tenant within 30
  126  days after the date of the notice of intention to impose a claim
  127  for damages. The failure of the tenant to make a timely
  128  objection does not waive any rights of the tenant to seek
  129  damages in a separate action.
  130         (c) If either party institutes an action in a court of
  131  competent jurisdiction to adjudicate the party’s right to the
  132  security deposit, the prevailing party is entitled to receive
  133  his or her court costs plus a reasonable fee for his or her
  134  attorney. The court shall advance the cause on the calendar.
  135         (d) Compliance with this section by an individual or
  136  business entity authorized to conduct business in this state,
  137  including Florida-licensed real estate brokers and sales
  138  associates, constitutes shall constitute compliance with all
  139  other relevant Florida Statutes pertaining to security deposits
  140  held pursuant to a rental agreement or other landlord-tenant
  141  relationship. Enforcement personnel shall look solely to this
  142  section to determine compliance. This section prevails over any
  143  conflicting provisions in chapter 475 and in other sections of
  144  the Florida Statutes, and shall operate to permit licensed real
  145  estate brokers to disburse security deposits and deposit money
  146  without having to comply with the notice and settlement
  147  procedures contained in s. 475.25(1)(d).
  148         (7) Upon the sale or transfer of title of the rental
  149  property from one owner to another, or upon a change in the
  150  designated rental agent, any and all security deposits or
  151  advance rents being held for the benefit of the tenants shall be
  152  transferred to the new owner or agent, together with any earned
  153  interest and with an accurate accounting showing the amounts to
  154  be credited to each tenant account. Upon the transfer of such
  155  funds and records to the new owner or agent as stated herein,
  156  and upon transmittal of a written receipt therefor, the
  157  transferor is shall be free from the obligation imposed in
  158  subsection (1) to hold such moneys on behalf of the tenant.
  159  There is a rebuttable presumption that any new owner or agent
  160  received the security deposit from the previous owner or agent;
  161  however, this presumption is limited to 1 month’s rent. This
  162  subsection does not However, nothing herein shall excuse the
  163  landlord or agent for a violation of other the provisions of
  164  this section while in possession of such deposits.
  165         Section 4. The Legislature recognizes that landlords may
  166  have stocks of preprinted lease forms that comply with the
  167  notice requirements of current law. Accordingly, for leases
  168  entered into on or before December 31, 2013, a landlord may give
  169  notice that contains the disclosure required in the changes made
  170  by this act to s. 83.49, Florida Statutes, or the former notice
  171  required in s. 83.49, Florida Statutes 2012. In any event, the
  172  disclosure required by this act is only required for all leases
  173  entered into under this part on or after January 1, 2014.
  174         Section 5. Section 83.50, Florida Statutes, is amended to
  175  read:
  176         83.50 Disclosure of landlord’s address.—
  177         (1)In addition to any other disclosure required by law,
  178  the landlord, or a person authorized to enter into a rental
  179  agreement on the landlord’s behalf, shall disclose in writing to
  180  the tenant, at or before the commencement of the tenancy, the
  181  name and address of the landlord or a person authorized to
  182  receive notices and demands in the landlord’s behalf. The person
  183  so authorized to receive notices and demands retains authority
  184  until the tenant is notified otherwise. All notices of such
  185  names and addresses or changes thereto shall be delivered to the
  186  tenant’s residence or, if specified in writing by the tenant, to
  187  any other address.
  188         (2) The landlord or the landlord’s authorized
  189  representative, upon completion of construction of a building
  190  exceeding three stories in height and containing dwelling units,
  191  shall disclose to the tenants initially moving into the building
  192  the availability or lack of availability of fire protection.
  193         Section 6. Subsection (1) and paragraph (a) of subsection
  194  (2) of section 83.51, Florida Statutes, are amended to read:
  195         83.51 Landlord’s obligation to maintain premises.—
  196         (1) The landlord at all times during the tenancy shall:
  197         (a) Comply with the requirements of applicable building,
  198  housing, and health codes; or
  199         (b) Where there are no applicable building, housing, or
  200  health codes, maintain the roofs, windows, screens, doors,
  201  floors, steps, porches, exterior walls, foundations, and all
  202  other structural components in good repair and capable of
  203  resisting normal forces and loads and the plumbing in reasonable
  204  working condition. The landlord, at commencement of the tenancy,
  205  must ensure that screens are installed in a reasonable
  206  condition. Thereafter, the landlord must repair damage to
  207  screens once annually, when necessary, until termination of the
  208  rental agreement. However,
  209  
  210         The landlord is shall not be required to maintain a mobile
  211  home or other structure owned by the tenant. The landlord’s
  212  obligations under this subsection may be altered or modified in
  213  writing with respect to a single-family home or duplex.
  214         (2)(a) Unless otherwise agreed in writing, in addition to
  215  the requirements of subsection (1), the landlord of a dwelling
  216  unit other than a single-family home or duplex shall, at all
  217  times during the tenancy, make reasonable provisions for:
  218         1. The extermination of rats, mice, roaches, ants, wood
  219  destroying organisms, and bedbugs. When vacation of the premises
  220  is required for such extermination, the landlord is shall not be
  221  liable for damages but shall abate the rent. The tenant must
  222  shall be required to temporarily vacate the premises for a
  223  period of time not to exceed 4 days, on 7 days’ written notice,
  224  if necessary, for extermination pursuant to this subparagraph.
  225         2. Locks and keys.
  226         3. The clean and safe condition of common areas.
  227         4. Garbage removal and outside receptacles therefor.
  228         5. Functioning facilities for heat during winter, running
  229  water, and hot water.
  230         Section 7. Section 83.54, Florida Statutes, is amended to
  231  read:
  232         83.54 Enforcement of rights and duties; civil action;
  233  criminal offenses.—Any right or duty declared in this part is
  234  enforceable by civil action. A right or duty enforced by civil
  235  action under this section does not preclude prosecution for a
  236  criminal offense related to the lease or leased property.
  237         Section 8. Subsections (2) through (5) of section 83.56,
  238  Florida Statutes, are amended to read:
  239         83.56 Termination of rental agreement.—
  240         (2) If the tenant materially fails to comply with s. 83.52
  241  or material provisions of the rental agreement, other than a
  242  failure to pay rent, or reasonable rules or regulations, the
  243  landlord may:
  244         (a) If such noncompliance is of a nature that the tenant
  245  should not be given an opportunity to cure it or if the
  246  noncompliance constitutes a subsequent or continuing
  247  noncompliance within 12 months of a written warning by the
  248  landlord of a similar violation, deliver a written notice to the
  249  tenant specifying the noncompliance and the landlord’s intent to
  250  terminate the rental agreement by reason thereof. Examples of
  251  noncompliance which are of a nature that the tenant should not
  252  be given an opportunity to cure include, but are not limited to,
  253  destruction, damage, or misuse of the landlord’s or other
  254  tenants’ property by intentional act or a subsequent or
  255  continued unreasonable disturbance. In such event, the landlord
  256  may terminate the rental agreement, and the tenant shall have 7
  257  days from the date that the notice is delivered to vacate the
  258  premises. The notice shall be adequate if it is in substantially
  259  the following form:
  260  
  261         You are advised that your lease is terminated effective
  262  immediately. You shall have 7 days from the delivery of this
  263  letter to vacate the premises. This action is taken because
  264  ...(cite the noncompliance)....
  265  
  266         (b) If such noncompliance is of a nature that the tenant
  267  should be given an opportunity to cure it, deliver a written
  268  notice to the tenant specifying the noncompliance, including a
  269  notice that, if the noncompliance is not corrected within 7 days
  270  from the date that the written notice is delivered, the landlord
  271  shall terminate the rental agreement by reason thereof. Examples
  272  of such noncompliance include, but are not limited to,
  273  activities in contravention of the lease or this part act such
  274  as having or permitting unauthorized pets, guests, or vehicles;
  275  parking in an unauthorized manner or permitting such parking; or
  276  failing to keep the premises clean and sanitary. If such
  277  noncompliance recurs within 12 months after notice, an eviction
  278  action may commence without delivering a subsequent notice
  279  pursuant to paragraph (a) or this paragraph. The notice shall be
  280  adequate if it is in substantially the following form:
  281  
  282         You are hereby notified that ...(cite the
  283  noncompliance).... Demand is hereby made that you remedy the
  284  noncompliance within 7 days of receipt of this notice or your
  285  lease shall be deemed terminated and you shall vacate the
  286  premises upon such termination. If this same conduct or conduct
  287  of a similar nature is repeated within 12 months, your tenancy
  288  is subject to termination without further warning and without
  289  your being given an opportunity to cure the noncompliance.
  290  
  291         (3) If the tenant fails to pay rent when due and the
  292  default continues for 3 days, excluding Saturday, Sunday, and
  293  legal holidays, after delivery of written demand by the landlord
  294  for payment of the rent or possession of the premises, the
  295  landlord may terminate the rental agreement. Legal holidays for
  296  the purpose of this section shall be court-observed holidays
  297  only. The 3-day notice shall contain a statement in
  298  substantially the following form:
  299  
  300         You are hereby notified that you are indebted to me in the
  301  sum of .... dollars for the rent and use of the premises
  302  ...(address of leased premises, including county)..., Florida,
  303  now occupied by you and that I demand payment of the rent or
  304  possession of the premises within 3 days (excluding Saturday,
  305  Sunday, and legal holidays) from the date of delivery of this
  306  notice, to wit: on or before the .... day of ....,...(year)....
  307         ...(landlord’s name, address and phone number)...
  308  
  309         (4) The delivery of the written notices required by
  310  subsections (1), (2), and (3) shall be by mailing or delivery of
  311  a true copy thereof or, if the tenant is absent from the
  312  premises, by leaving a copy thereof at the residence. The notice
  313  requirements of subsections (1), (2), and (3) may not be waived
  314  in the lease.
  315         (5)(a) If the landlord accepts rent with actual knowledge
  316  of a noncompliance by the tenant or accepts performance by the
  317  tenant of any other provision of the rental agreement that is at
  318  variance with its provisions, or if the tenant pays rent with
  319  actual knowledge of a noncompliance by the landlord or accepts
  320  performance by the landlord of any other provision of the rental
  321  agreement that is at variance with its provisions, the landlord
  322  or tenant waives his or her right to terminate the rental
  323  agreement or to bring a civil action for that noncompliance, but
  324  not for any subsequent or continuing noncompliance. However, a
  325  landlord does not waive the right to terminate the rental
  326  agreement or to bring a civil action for that noncompliance by
  327  accepting partial rent for the period.
  328         (b) Any tenant who wishes to defend against an action by
  329  the landlord for possession of the unit for noncompliance of the
  330  rental agreement or of relevant statutes must shall comply with
  331  the provisions in s. 83.60(2). The court may not set a date for
  332  mediation or trial unless the provisions of s. 83.60(2) have
  333  been met, but must shall enter a default judgment for removal of
  334  the tenant with a writ of possession to issue immediately if the
  335  tenant fails to comply with s. 83.60(2).
  336         (c) This subsection does not apply to that portion of rent
  337  subsidies received from a local, state, or national government
  338  or an agency of local, state, or national government; however,
  339  waiver will occur if an action has not been instituted within 45
  340  days after the landlord obtains actual knowledge of the
  341  noncompliance.
  342         Section 9. Subsection (1) of section 83.575, Florida
  343  Statutes, is amended to read:
  344         83.575 Termination of tenancy with specific duration.—
  345         (1) A rental agreement with a specific duration may contain
  346  a provision requiring the tenant to notify the landlord within a
  347  specified period before vacating the premises at the end of the
  348  rental agreement, if such provision requires the landlord to
  349  notify the tenant within such notice period if the rental
  350  agreement will not be renewed; however, a rental agreement may
  351  not require more than 60 days’ notice from either the tenant or
  352  the landlord before vacating the premises.
  353         Section 10. Section 83.58, Florida Statutes, is amended to
  354  read:
  355         83.58 Remedies; tenant holding over.—If the tenant holds
  356  over and continues in possession of the dwelling unit or any
  357  part thereof after the expiration of the rental agreement
  358  without the permission of the landlord, the landlord may recover
  359  possession of the dwelling unit in the manner provided for in s.
  360  83.59 [F.S. 1973]. The landlord may also recover double the
  361  amount of rent due on the dwelling unit, or any part thereof,
  362  for the period during which the tenant refuses to surrender
  363  possession.
  364         Section 11. Subsection (2) of section 83.59, Florida
  365  Statutes, is amended to read:
  366         83.59 Right of action for possession.—
  367         (2) A landlord, the landlord’s attorney, or the landlord’s
  368  agent, applying for the removal of a tenant, shall file in the
  369  county court of the county where the premises are situated a
  370  complaint describing the dwelling unit and stating the facts
  371  that authorize its recovery. A landlord’s agent is not permitted
  372  to take any action other than the initial filing of the
  373  complaint, unless the landlord’s agent is an attorney. The
  374  landlord is entitled to the summary procedure provided in s.
  375  51.011 [F.S. 1971], and the court shall advance the cause on the
  376  calendar.
  377         Section 12. Section 83.60, Florida Statutes, is amended to
  378  read:
  379         83.60 Defenses to action for rent or possession;
  380  procedure.—
  381         (1)(a) In an action by the landlord for possession of a
  382  dwelling unit based upon nonpayment of rent or in an action by
  383  the landlord under s. 83.55 seeking to recover unpaid rent, the
  384  tenant may defend upon the ground of a material noncompliance
  385  with s. 83.51(1) [F.S. 1973], or may raise any other defense,
  386  whether legal or equitable, that he or she may have, including
  387  the defense of retaliatory conduct in accordance with s. 83.64.
  388  The landlord must be given an opportunity to cure a deficiency
  389  in a notice or in the pleadings before dismissal of the action.
  390         (b) The defense of a material noncompliance with s.
  391  83.51(1) [F.S. 1973] may be raised by the tenant if 7 days have
  392  elapsed after the delivery of written notice by the tenant to
  393  the landlord, specifying the noncompliance and indicating the
  394  intention of the tenant not to pay rent by reason thereof. Such
  395  notice by the tenant may be given to the landlord, the
  396  landlord’s representative as designated pursuant to s. 83.50(1),
  397  a resident manager, or the person or entity who collects the
  398  rent on behalf of the landlord. A material noncompliance with s.
  399  83.51(1) [F.S. 1973] by the landlord is a complete defense to an
  400  action for possession based upon nonpayment of rent, and, upon
  401  hearing, the court or the jury, as the case may be, shall
  402  determine the amount, if any, by which the rent is to be reduced
  403  to reflect the diminution in value of the dwelling unit during
  404  the period of noncompliance with s. 83.51(1) [F.S. 1973]. After
  405  consideration of all other relevant issues, the court shall
  406  enter appropriate judgment.
  407         (2) In an action by the landlord for possession of a
  408  dwelling unit, if the tenant interposes any defense other than
  409  payment, including, but not limited to, the defense of a
  410  defective 3-day notice, the tenant shall pay into the registry
  411  of the court the accrued rent as alleged in the complaint or as
  412  determined by the court and the rent that which accrues during
  413  the pendency of the proceeding, when due. The clerk shall notify
  414  the tenant of such requirement in the summons. Failure of the
  415  tenant to pay the rent into the registry of the court or to file
  416  a motion to determine the amount of rent to be paid into the
  417  registry within 5 days, excluding Saturdays, Sundays, and legal
  418  holidays, after the date of service of process constitutes an
  419  absolute waiver of the tenant’s defenses other than payment, and
  420  the landlord is entitled to an immediate default judgment for
  421  removal of the tenant with a writ of possession to issue without
  422  further notice or hearing thereon. If In the event a motion to
  423  determine rent is filed, documentation in support of the
  424  allegation that the rent as alleged in the complaint is in error
  425  is required. Public housing tenants or tenants receiving rent
  426  subsidies are shall be required to deposit only that portion of
  427  the full rent for which they are the tenant is responsible
  428  pursuant to the federal, state, or local program in which they
  429  are participating.
  430         Section 13. Subsection (1) of section 83.62, Florida
  431  Statutes, is amended to read:
  432         83.62 Restoration of possession to landlord.—
  433         (1) In an action for possession, after entry of judgment in
  434  favor of the landlord, the clerk shall issue a writ to the
  435  sheriff describing the premises and commanding the sheriff to
  436  put the landlord in possession after 24 hours’ notice
  437  conspicuously posted on the premises. Saturdays, Sundays, and
  438  legal holidays do not stay the 24-hour notice period.
  439         Section 14. Section 83.63, Florida Statutes, is amended to
  440  read:
  441         83.63 Casualty damage.—If the premises are damaged or
  442  destroyed other than by the wrongful or negligent acts of the
  443  tenant so that the enjoyment of the premises is substantially
  444  impaired, the tenant may terminate the rental agreement and
  445  immediately vacate the premises. The tenant may vacate the part
  446  of the premises rendered unusable by the casualty, in which case
  447  the tenant’s liability for rent shall be reduced by the fair
  448  rental value of that part of the premises damaged or destroyed.
  449  If the rental agreement is terminated, the landlord shall comply
  450  with s. 83.49(3) [F.S. 1973].
  451         Section 15. Subsection (1) of section 83.64, Florida
  452  Statutes, is amended to read:
  453         83.64 Retaliatory conduct.—
  454         (1) It is unlawful for a landlord to discriminatorily
  455  increase a tenant’s rent or decrease services to a tenant, or to
  456  bring or threaten to bring an action for possession or other
  457  civil action, primarily because the landlord is retaliating
  458  against the tenant. In order for the tenant to raise the defense
  459  of retaliatory conduct, the tenant must have acted in good
  460  faith. Examples of conduct for which the landlord may not
  461  retaliate include, but are not limited to, situations where:
  462         (a) The tenant has complained to a governmental agency
  463  charged with responsibility for enforcement of a building,
  464  housing, or health code of a suspected violation applicable to
  465  the premises;
  466         (b) The tenant has organized, encouraged, or participated
  467  in a tenants’ organization;
  468         (c) The tenant has complained to the landlord pursuant to
  469  s. 83.56(1); or
  470         (d) The tenant is a servicemember who has terminated a
  471  rental agreement pursuant to s. 83.682;
  472         (e) The tenant has paid rent to a condominium, cooperative,
  473  or homeowners’ association after demand from the association in
  474  order to pay the landlord’s obligation to the association; or
  475         (f) The tenant has exercised his or her rights under local,
  476  state, or federal fair housing laws.
  477         Section 16. This act shall take effect July 1, 2013.
  478  
  479  ================= T I T L E  A M E N D M E N T ================
  480         And the title is amended as follows:
  481         Delete everything before the enacting clause
  482  and insert:
  483                        A bill to be entitled                      
  484         An act relating to landlords and tenants; amending s.
  485         83.42, F.S.; revising exclusions from applicability of
  486         the Florida Residential Landlord and Tenant Act;
  487         amending s. 83.48, F.S.; providing that the right to
  488         attorney fees may not be waived in a lease agreement;
  489         providing that attorney fees may not be awarded in a
  490         claim for personal injury damages based on a breach of
  491         duty of premises maintenance; amending s. 83.49, F.S.;
  492         revising and providing landlord disclosure
  493         requirements with respect to security deposits and
  494         advance rent; providing requirements for the
  495         disbursement of advance rents; providing a limited
  496         rebuttable presumption of receipt of security
  497         deposits; providing for applicability of changes made
  498         by the act to certain disclosure requirements;
  499         amending s. 83.50, F.S.; removing certain landlord
  500         disclosure requirements relating to fire protection;
  501         amending s. 83.51, F.S.; revising a landlord’s
  502         obligation to maintain a premises with respect to
  503         screens; amending s. 83.54, F.S.; providing that
  504         enforcement of a right or duty under the Florida
  505         Residential Landlord and Tenant Act by civil action
  506         does not preclude prosecution of a criminal offense;
  507         amending s. 83.56, F.S.; revising procedures for the
  508         termination of a rental agreement by a landlord;
  509         revising notice procedures; providing that a landlord
  510         does not waive the right to terminate the rental
  511         agreement or to bring a civil action for noncompliance
  512         by accepting partial rent, subject to certain notice;
  513         providing that the period to institute an action
  514         before an exemption involving rent subsidies is waived
  515         begins upon actual knowledge; amending s. 83.575,
  516         F.S.; revising requirements for the termination of a
  517         tenancy having a specific duration to provide for
  518         reciprocal notice provisions in rental agreements;
  519         amending ss. 83.58 and 83.59, F.S.; conforming cross
  520         references; amending s. 83.60, F.S.; providing that a
  521         landlord must be given an opportunity to cure a
  522         deficiency in any notice or pleadings before dismissal
  523         of an eviction action; making technical changes;
  524         amending s. 83.62, F.S.; revising procedures for the
  525         restoration of possession to a landlord to provide
  526         that weekends and holidays do not stay the applicable
  527         notice period; amending s. 83.63, F.S.; conforming a
  528         cross-reference; amending s. 83.64, F.S.; providing
  529         examples of conduct for which the landlord may not
  530         retaliate; providing an effective date.