Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 490
Barcode 884422
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/09/2013 .
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The Committee on Regulated Industries (Stargel) 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
68 ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU
69 MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS
70 SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING
71 YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE,
72 WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S
73 INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU
74 DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO
75 THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE
76 LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM
77 AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.
78
79 IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE
80 LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A
81 LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY
82 OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE
83 DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A
84 REFUND.
85
86 YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
87 BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
88 FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND
89 ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
90
91 THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF
92 CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL
93 RIGHTS AND OBLIGATIONS.
94
95 (3) The landlord or the landlord’s agent may disburse
96 advance rents from the deposit account to the landlord’s benefit
97 when the advance rental period commences and without notice to
98 the tenant. For all other deposits:
99 (a) Upon the vacating of the premises for termination of
100 the lease, if the landlord does not intend to impose a claim on
101 the security deposit, the landlord shall have 15 days to return
102 the security deposit together with interest if otherwise
103 required, or the landlord shall have 30 days to give the tenant
104 written notice by certified mail to the tenant’s last known
105 mailing address of his or her intention to impose a claim on the
106 deposit and the reason for imposing the claim. The notice shall
107 contain a statement in substantially the following form:
108
109 This is a notice of my intention to impose a claim for
110 damages in the amount of .... upon your security deposit, due to
111 ..... It is sent to you as required by s. 83.49(3), Florida
112 Statutes. You are hereby notified that you must object in
113 writing to this deduction from your security deposit within 15
114 days from the time you receive this notice or I will be
115 authorized to deduct my claim from your security deposit. Your
116 objection must be sent to ...(landlord’s address).....
117
118 If the landlord fails to give the required notice within the 30
119 day period, he or she forfeits the right to impose a claim upon
120 the security deposit and may not seek a setoff against the
121 deposit but may file an action for damages after return of the
122 deposit.
123 (b) Unless the tenant objects to the imposition of the
124 landlord’s claim or the amount thereof within 15 days after
125 receipt of the landlord’s notice of intention to impose a claim,
126 the landlord may then deduct the amount of his or her claim and
127 shall remit the balance of the deposit to the tenant within 30
128 days after the date of the notice of intention to impose a claim
129 for damages. The failure of the tenant to make a timely
130 objection does not waive any rights of the tenant to seek
131 damages in a separate action.
132 (c) If either party institutes an action in a court of
133 competent jurisdiction to adjudicate the party’s right to the
134 security deposit, the prevailing party is entitled to receive
135 his or her court costs plus a reasonable fee for his or her
136 attorney. The court shall advance the cause on the calendar.
137 (d) Compliance with this section by an individual or
138 business entity authorized to conduct business in this state,
139 including Florida-licensed real estate brokers and sales
140 associates, constitutes shall constitute compliance with all
141 other relevant Florida Statutes pertaining to security deposits
142 held pursuant to a rental agreement or other landlord-tenant
143 relationship. Enforcement personnel shall look solely to this
144 section to determine compliance. This section prevails over any
145 conflicting provisions in chapter 475 and in other sections of
146 the Florida Statutes, and shall operate to permit licensed real
147 estate brokers to disburse security deposits and deposit money
148 without having to comply with the notice and settlement
149 procedures contained in s. 475.25(1)(d).
150 (7) Upon the sale or transfer of title of the rental
151 property from one owner to another, or upon a change in the
152 designated rental agent, any and all security deposits or
153 advance rents being held for the benefit of the tenants shall be
154 transferred to the new owner or agent, together with any earned
155 interest and with an accurate accounting showing the amounts to
156 be credited to each tenant account. Upon the transfer of such
157 funds and records to the new owner or agent as stated herein,
158 and upon transmittal of a written receipt therefor, the
159 transferor is shall be free from the obligation imposed in
160 subsection (1) to hold such moneys on behalf of the tenant.
161 There is a rebuttable presumption that any new owner or agent
162 received the security deposit from the previous owner or agent;
163 however, this presumption is limited to 1 month’s rent. This
164 subsection does not However, nothing herein shall excuse the
165 landlord or agent for a violation of other the provisions of
166 this section while in possession of such deposits.
167 Section 4. The Legislature recognizes that landlords may
168 have stocks of preprinted lease forms that comply with the
169 notice requirements of current law. Accordingly, for leases
170 entered into on or before December 31, 2013, a landlord may give
171 notice that contains the disclosure required in the changes made
172 by this act to s. 83.49, Florida Statutes, or the former notice
173 required in s. 83.49, Florida Statutes 2012. In any event, the
174 disclosure required by this act is only required for all leases
175 entered into under this part on or after January 1, 2014.
176 Section 5. Section 83.50, Florida Statutes, is amended to
177 read:
178 83.50 Disclosure of landlord’s address.—
179 (1) In addition to any other disclosure required by law,
180 the landlord, or a person authorized to enter into a rental
181 agreement on the landlord’s behalf, shall disclose in writing to
182 the tenant, at or before the commencement of the tenancy, the
183 name and address of the landlord or a person authorized to
184 receive notices and demands in the landlord’s behalf. The person
185 so authorized to receive notices and demands retains authority
186 until the tenant is notified otherwise. All notices of such
187 names and addresses or changes thereto shall be delivered to the
188 tenant’s residence or, if specified in writing by the tenant, to
189 any other address.
190 (2) The landlord or the landlord’s authorized
191 representative, upon completion of construction of a building
192 exceeding three stories in height and containing dwelling units,
193 shall disclose to the tenants initially moving into the building
194 the availability or lack of availability of fire protection.
195 Section 6. Subsection (1) and paragraph (a) of subsection
196 (2) of section 83.51, Florida Statutes, are amended to read:
197 83.51 Landlord’s obligation to maintain premises.—
198 (1) The landlord at all times during the tenancy shall:
199 (a) Comply with the requirements of applicable building,
200 housing, and health codes; or
201 (b) Where there are no applicable building, housing, or
202 health codes, maintain the roofs, windows, screens, doors,
203 floors, steps, porches, exterior walls, foundations, and all
204 other structural components in good repair and capable of
205 resisting normal forces and loads and the plumbing in reasonable
206 working condition. The landlord, at commencement of the tenancy,
207 must ensure that screens are installed in a reasonable
208 condition. Thereafter, the landlord must repair damage to
209 screens once annually, when necessary, until termination of the
210 rental agreement. However,
211
212 The landlord is shall not be required to maintain a mobile home
213 or other structure owned by the tenant. The landlord’s
214 obligations under this subsection may be altered or modified in
215 writing with respect to a single-family home or duplex.
216 (2)(a) Unless otherwise agreed in writing, in addition to
217 the requirements of subsection (1), the landlord of a dwelling
218 unit other than a single-family home or duplex shall, at all
219 times during the tenancy, make reasonable provisions for:
220 1. The extermination of rats, mice, roaches, ants, wood
221 destroying organisms, and bedbugs. When vacation of the premises
222 is required for such extermination, the landlord is shall not be
223 liable for damages but shall abate the rent. The tenant must
224 shall be required to temporarily vacate the premises for a
225 period of time not to exceed 4 days, on 7 days’ written notice,
226 if necessary, for extermination pursuant to this subparagraph.
227 2. Locks and keys.
228 3. The clean and safe condition of common areas.
229 4. Garbage removal and outside receptacles therefor.
230 5. Functioning facilities for heat during winter, running
231 water, and hot water.
232 Section 7. Section 83.54, Florida Statutes, is amended to
233 read:
234 83.54 Enforcement of rights and duties; civil action;
235 criminal offenses.—Any right or duty declared in this part is
236 enforceable by civil action. A right or duty enforced by civil
237 action under this section does not preclude prosecution for a
238 criminal offense related to the lease or leased property.
239 Section 8. Subsections (2) through (5) of section 83.56,
240 Florida Statutes, are amended to read:
241 83.56 Termination of rental agreement.—
242 (2) If the tenant materially fails to comply with s. 83.52
243 or material provisions of the rental agreement, other than a
244 failure to pay rent, or reasonable rules or regulations, the
245 landlord may:
246 (a) If such noncompliance is of a nature that the tenant
247 should not be given an opportunity to cure it or if the
248 noncompliance constitutes a subsequent or continuing
249 noncompliance within 12 months of a written warning by the
250 landlord of a similar violation, deliver a written notice to the
251 tenant specifying the noncompliance and the landlord’s intent to
252 terminate the rental agreement by reason thereof. Examples of
253 noncompliance which are of a nature that the tenant should not
254 be given an opportunity to cure include, but are not limited to,
255 destruction, damage, or misuse of the landlord’s or other
256 tenants’ property by intentional act or a subsequent or
257 continued unreasonable disturbance. In such event, the landlord
258 may terminate the rental agreement, and the tenant shall have 7
259 days from the date that the notice is delivered to vacate the
260 premises. The notice shall be adequate if it is in substantially
261 the following form:
262
263 You are advised that your lease is terminated effective
264 immediately. You shall have 7 days from the delivery of this
265 letter to vacate the premises. This action is taken because
266 ...(cite the noncompliance)....
267
268 (b) If such noncompliance is of a nature that the tenant
269 should be given an opportunity to cure it, deliver a written
270 notice to the tenant specifying the noncompliance, including a
271 notice that, if the noncompliance is not corrected within 7 days
272 from the date that the written notice is delivered, the landlord
273 shall terminate the rental agreement by reason thereof. Examples
274 of such noncompliance include, but are not limited to,
275 activities in contravention of the lease or this part act such
276 as having or permitting unauthorized pets, guests, or vehicles;
277 parking in an unauthorized manner or permitting such parking; or
278 failing to keep the premises clean and sanitary. If such
279 noncompliance recurs within 12 months after notice, an eviction
280 action may commence without delivering a subsequent notice
281 pursuant to paragraph (a) or this paragraph. The notice shall be
282 adequate if it is in substantially the following form:
283
284 You are hereby notified that ...(cite the
285 noncompliance).... Demand is hereby made that you remedy the
286 noncompliance within 7 days of receipt of this notice or your
287 lease shall be deemed terminated and you shall vacate the
288 premises upon such termination. If this same conduct or conduct
289 of a similar nature is repeated within 12 months, your tenancy
290 is subject to termination without further warning and without
291 your being given an opportunity to cure the noncompliance.
292 (3) If the tenant fails to pay rent when due and the
293 default continues for 3 days, excluding Saturday, Sunday, and
294 legal holidays, after delivery of written demand by the landlord
295 for payment of the rent or possession of the premises, the
296 landlord may terminate the rental agreement. Legal holidays for
297 the purpose of this section shall be court-observed holidays
298 only. The 3-day notice shall contain a statement in
299 substantially the following form:
300
301 You are hereby notified that you are indebted to me in the
302 sum of .... dollars for the rent and use of the premises
303 ...(address of leased premises, including county)..., Florida,
304 now occupied by you and that I demand payment of the rent or
305 possession of the premises within 3 days (excluding Saturday,
306 Sunday, and legal holidays) from the date of delivery of this
307 notice, to wit: on or before the .... day of ...., ...(year)....
308 ...(landlord’s name, address and phone number)...
309
310 (4) The delivery of the written notices required by
311 subsections (1), (2), and (3) shall be by mailing or delivery of
312 a true copy thereof or, if the tenant is absent from the
313 premises, by leaving a copy thereof at the residence. The notice
314 requirements of subsections (1), (2), and (3) may not be waived
315 in the lease.
316 (5)(a) If the landlord accepts rent with actual knowledge
317 of a noncompliance by the tenant or accepts performance by the
318 tenant of any other provision of the rental agreement that is at
319 variance with its provisions, or if the tenant pays rent with
320 actual knowledge of a noncompliance by the landlord or accepts
321 performance by the landlord of any other provision of the rental
322 agreement that is at variance with its provisions, the landlord
323 or tenant waives his or her right to terminate the rental
324 agreement or to bring a civil action for that noncompliance, but
325 not for any subsequent or continuing noncompliance. However, a
326 landlord does not waive the right to terminate the rental
327 agreement or to bring a civil action for that noncompliance by
328 accepting partial rent for the period.
329 (b) Any tenant who wishes to defend against an action by
330 the landlord for possession of the unit for noncompliance of the
331 rental agreement or of relevant statutes must shall comply with
332 the provisions in s. 83.60(2). The court may not set a date for
333 mediation or trial unless the provisions of s. 83.60(2) have
334 been met, but must shall enter a default judgment for removal of
335 the tenant with a writ of possession to issue immediately if the
336 tenant fails to comply with s. 83.60(2).
337 (c) This subsection does not apply to that portion of rent
338 subsidies received from a local, state, or national government
339 or an agency of local, state, or national government; however,
340 waiver will occur if an action has not been instituted within 45
341 days after the landlord obtains actual knowledge of the
342 noncompliance.
343 Section 9. Subsection (1) of section 83.575, Florida
344 Statutes, is amended to read:
345 83.575 Termination of tenancy with specific duration.—
346 (1) A rental agreement with a specific duration may contain
347 a provision requiring the tenant to notify the landlord within a
348 specified period before vacating the premises at the end of the
349 rental agreement, if such provision requires the landlord to
350 notify the tenant within such notice period if the rental
351 agreement will not be renewed; however, a rental agreement may
352 not require more than 60 days’ notice from either the tenant or
353 the landlord before vacating the premises.
354 Section 10. Section 83.58, Florida Statutes, is amended to
355 read:
356 83.58 Remedies; tenant holding over.—If the tenant holds
357 over and continues in possession of the dwelling unit or any
358 part thereof after the expiration of the rental agreement
359 without the permission of the landlord, the landlord may recover
360 possession of the dwelling unit in the manner provided for in s.
361 83.59 [F.S. 1973]. The landlord may also recover double the
362 amount of rent due on the dwelling unit, or any part thereof,
363 for the period during which the tenant refuses to surrender
364 possession.
365 Section 11. Subsection (2) of section 83.59, Florida
366 Statutes, is amended to read:
367 83.59 Right of action for possession.—
368 (2) A landlord, the landlord’s attorney, or the landlord’s
369 agent, applying for the removal of a tenant, shall file in the
370 county court of the county where the premises are situated a
371 complaint describing the dwelling unit and stating the facts
372 that authorize its recovery. A landlord’s agent is not permitted
373 to take any action other than the initial filing of the
374 complaint, unless the landlord’s agent is an attorney. The
375 landlord is entitled to the summary procedure provided in s.
376 51.011 [F.S. 1971], and the court shall advance the cause on the
377 calendar.
378 Section 12. Section 83.60, Florida Statutes, is amended to
379 read:
380 83.60 Defenses to action for rent or possession;
381 procedure.—
382 (1)(a) In an action by the landlord for possession of a
383 dwelling unit based upon nonpayment of rent or in an action by
384 the landlord under s. 83.55 seeking to recover unpaid rent, the
385 tenant may defend upon the ground of a material noncompliance
386 with s. 83.51(1) [F.S. 1973], or may raise any other defense,
387 whether legal or equitable, that he or she may have, including
388 the defense of retaliatory conduct in accordance with s. 83.64.
389 The landlord must be given an opportunity to cure a deficiency
390 in a notice or in the pleadings before dismissal of the action.
391 (b) The defense of a material noncompliance with s.
392 83.51(1) [F.S. 1973] may be raised by the tenant if 7 days have
393 elapsed after the delivery of written notice by the tenant to
394 the landlord, specifying the noncompliance and indicating the
395 intention of the tenant not to pay rent by reason thereof. Such
396 notice by the tenant may be given to the landlord, the
397 landlord’s representative as designated pursuant to s. 83.50(1),
398 a resident manager, or the person or entity who collects the
399 rent on behalf of the landlord. A material noncompliance with s.
400 83.51(1) [F.S. 1973] by the landlord is a complete defense to an
401 action for possession based upon nonpayment of rent, and, upon
402 hearing, the court or the jury, as the case may be, shall
403 determine the amount, if any, by which the rent is to be reduced
404 to reflect the diminution in value of the dwelling unit during
405 the period of noncompliance with s. 83.51(1) [F.S. 1973]. After
406 consideration of all other relevant issues, the court shall
407 enter appropriate judgment.
408 (2) In an action by the landlord for possession of a
409 dwelling unit, if the tenant interposes any defense other than
410 payment, including, but not limited to, the defense of a
411 defective 3-day notice, the tenant shall pay into the registry
412 of the court the accrued rent as alleged in the complaint or as
413 determined by the court and the rent that which accrues during
414 the pendency of the proceeding, when due. The clerk shall notify
415 the tenant of such requirement in the summons. Failure of the
416 tenant to pay the rent into the registry of the court or to file
417 a motion to determine the amount of rent to be paid into the
418 registry within 5 days, excluding Saturdays, Sundays, and legal
419 holidays, after the date of service of process constitutes an
420 absolute waiver of the tenant’s defenses other than payment, and
421 the landlord is entitled to an immediate default judgment for
422 removal of the tenant with a writ of possession to issue without
423 further notice or hearing thereon. If In the event a motion to
424 determine rent is filed, documentation in support of the
425 allegation that the rent as alleged in the complaint is in error
426 is required. Public housing tenants or tenants receiving rent
427 subsidies are shall be required to deposit only that portion of
428 the full rent for which they are the tenant is responsible
429 pursuant to the federal, state, or local program in which they
430 are participating.
431 Section 13. Subsection (1) of section 83.62, Florida
432 Statutes, is amended to read:
433 83.62 Restoration of possession to landlord.—
434 (1) In an action for possession, after entry of judgment in
435 favor of the landlord, the clerk shall issue a writ to the
436 sheriff describing the premises and commanding the sheriff to
437 put the landlord in possession after 24 hours’ notice
438 conspicuously posted on the premises. Saturdays, Sundays, and
439 legal holidays do not stay the 24-hour notice period.
440 Section 14. Section 83.63, Florida Statutes, is amended to
441 read:
442 83.63 Casualty damage.—If the premises are damaged or
443 destroyed other than by the wrongful or negligent acts of the
444 tenant so that the enjoyment of the premises is substantially
445 impaired, the tenant may terminate the rental agreement and
446 immediately vacate the premises. The tenant may vacate the part
447 of the premises rendered unusable by the casualty, in which case
448 the tenant’s liability for rent shall be reduced by the fair
449 rental value of that part of the premises damaged or destroyed.
450 If the rental agreement is terminated, the landlord shall comply
451 with s. 83.49(3) [F.S. 1973].
452 Section 15. Subsection (1) of section 83.64, Florida
453 Statutes, is amended to read:
454 83.64 Retaliatory conduct.—
455 (1) It is unlawful for a landlord to discriminatorily
456 increase a tenant’s rent or decrease services to a tenant, or to
457 bring or threaten to bring an action for possession or other
458 civil action, primarily because the landlord is retaliating
459 against the tenant. In order for the tenant to raise the defense
460 of retaliatory conduct, the tenant must have acted in good
461 faith. Examples of conduct for which the landlord may not
462 retaliate include, but are not limited to, situations where:
463 (a) The tenant has complained to a governmental agency
464 charged with responsibility for enforcement of a building,
465 housing, or health code of a suspected violation applicable to
466 the premises;
467 (b) The tenant has organized, encouraged, or participated
468 in a tenants’ organization;
469 (c) The tenant has complained to the landlord pursuant to
470 s. 83.56(1); or
471 (d) The tenant is a servicemember who has terminated a
472 rental agreement pursuant to s. 83.682;
473 (e) The tenant has paid rent to a condominium, cooperative,
474 or homeowners’ association after demand from the association in
475 order to pay the landlord’s obligation to the association; or
476 (f) The tenant has exercised his or her rights under local,
477 state, or federal fair housing laws.
478 Section 16. This act shall take effect July 1, 2013.
479
480 ================= T I T L E A M E N D M E N T ================
481 And the title is amended as follows:
482 Delete everything before the enacting clause
483 and insert:
484 A bill to be entitled
485 An act relating to landlords and tenants; amending s.
486 83.42, F.S.; revising exclusions from applicability of
487 the Florida Residential Landlord and Tenant Act;
488 amending s. 83.48, F.S.; providing that the right to
489 attorney fees may not be waived in a lease agreement;
490 providing that attorney fees may not be awarded in a
491 claim for personal injury damages based on a breach of
492 duty of premises maintenance; amending s. 83.49, F.S.;
493 revising and providing landlord disclosure
494 requirements with respect to security deposits and
495 advance rent; providing requirements for the
496 disbursement of advance rents; providing a limited
497 rebuttable presumption of receipt of security
498 deposits; providing for applicability of changes made
499 by the act to certain disclosure requirements;
500 amending s. 83.50, F.S.; removing certain landlord
501 disclosure requirements relating to fire protection;
502 amending s. 83.51, F.S.; revising a landlord’s
503 obligation to maintain a premises with respect to
504 screens; amending s. 83.54, F.S.; providing that
505 enforcement of a right or duty under the Florida
506 Residential Landlord and Tenant Act by civil action
507 does not preclude prosecution of a criminal offense;
508 amending s. 83.56, F.S.; revising procedures for the
509 termination of a rental agreement by a landlord;
510 revising notice procedures; providing that a landlord
511 does not waive the right to terminate the rental
512 agreement or to bring a civil action for noncompliance
513 by accepting partial rent, subject to certain notice;
514 providing that the period to institute an action
515 before an exemption involving rent subsidies is waived
516 begins upon actual knowledge; amending s. 83.575,
517 F.S.; revising requirements for the termination of a
518 tenancy having a specific duration to provide for
519 reciprocal notice provisions in rental agreements;
520 amending ss. 83.58 and 83.59, F.S.; conforming cross
521 references; amending s. 83.60, F.S.; providing that a
522 landlord must be given an opportunity to cure a
523 deficiency in any notice or pleadings before dismissal
524 of an eviction action; making technical changes;
525 amending s. 83.62, F.S.; revising procedures for the
526 restoration of possession to a landlord to provide
527 that weekends and holidays do not stay the applicable
528 notice period; amending s. 83.63, F.S.; conforming a
529 cross-reference; amending s. 83.64, F.S.; providing
530 examples of conduct for which the landlord may not
531 retaliate; providing an effective date.