Florida Senate - 2018 SB 850
By Senator Rodriguez
37-00756A-18 2018850__
1 A bill to be entitled
2 An act relating to actions for rent or possession;
3 amending s. 83.60, F.S.; requiring a court to conduct
4 a trial within a specified timeframe for certain
5 actions involving possession of a dwelling unit;
6 authorizing the court to order a tenant to pay certain
7 rent into the registry of the court during pendency of
8 a proceeding if the tenant requests a continuance
9 exceeding a specified number of days or a jury trial;
10 requiring the court to schedule the case for immediate
11 trial if such payment is not made; amending s. 83.56,
12 F.S.; deleting a requirement that a tenant who wishes
13 to defend against certain actions by a landlord comply
14 with a specified provision; deleting a requirement
15 that the court enter a default judgment in certain
16 circumstances; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (2) of section 83.60, Florida
21 Statutes, is amended to read:
22 83.60 Defenses to action for rent or possession;
23 procedure.—
24 (2) In an action by the landlord for possession of a
25 dwelling unit, the court shall conduct the trial within 30 days
26 after service of the complaint. If the tenant requests a
27 continuance of the trial to a date more than 30 days after
28 service of the complaint or requests a jury trial, the court may
29 enter an order requiring the tenant to pay into the registry of
30 the court the rent that accrues during the pendency of the
31 proceeding. If the tenant fails to comply with a court order
32 issued under this subsection, the court shall schedule an
33 immediate trial on the issue of possession if the tenant
34 interposes any defense other than payment, including, but not
35 limited to, the defense of a defective 3-day notice, the tenant
36 shall pay into the registry of the court the accrued rent as
37 alleged in the complaint or as determined by the court and the
38 rent that accrues during the pendency of the proceeding, when
39 due. The clerk shall notify the tenant of such requirement in
40 the summons. Failure of the tenant to pay the rent into the
41 registry of the court or to file a motion to determine the
42 amount of rent to be paid into the registry within 5 days,
43 excluding Saturdays, Sundays, and legal holidays, after the date
44 of service of process constitutes an absolute waiver of the
45 tenant’s defenses other than payment, and the landlord is
46 entitled to an immediate default judgment for removal of the
47 tenant with a writ of possession to issue without further notice
48 or hearing thereon. If a motion to determine rent is filed,
49 documentation in support of the allegation that the rent as
50 alleged in the complaint is in error is required. Public housing
51 tenants or tenants receiving rent subsidies are required to
52 deposit only that portion of the full rent for which they are
53 responsible pursuant to the federal, state, or local program in
54 which they are participating.
55 Section 2. Paragraph (b) of subsection (5) of section
56 83.56, Florida Statutes, is amended to read:
57 83.56 Termination of rental agreement.—
58 (5)
59 (b) Any tenant who wishes to defend against an action by
60 the landlord for possession of the unit for noncompliance of the
61 rental agreement or of relevant statutes must comply with s.
62 83.60(2). The court may not set a date for mediation or trial
63 unless the provisions of s. 83.60(2) have been met, but must
64 enter a default judgment for removal of the tenant with a writ
65 of possession to issue immediately if the tenant fails to comply
66 with s. 83.60(2).
67 Section 3. This act shall take effect July 1, 2018.