Senate Bill sb0838e1

CODING: Words stricken are deletions; words underlined are additions.




    CS for SB 838                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to landlord and tenant;

  3         amending s. 83.67, F.S.; exempting certain

  4         landlords from a requirement to give notice to

  5         former tenants regarding personal property;

  6         amending s. 475.011, F.S.; providing an

  7         exemption from the real estate brokers and

  8         salespersons regulatory law; amending ss.

  9         715.105, 715.106, 715.109, F.S.; increasing the

10         value of abandoned personal property that may

11         be kept, sold, or destroyed by a landlord;

12         conforming notice provisions; providing for

13         termination of a rental agreement by a member

14         of the United States Armed Forces; providing an

15         effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Subsection (3) of section 83.67, Florida

20  Statutes, is amended to read:

21         83.67  Prohibited practices.--

22         (3)  No landlord of any dwelling unit governed by this

23  part shall remove the outside doors, locks, roof, walls, or

24  windows of the unit except for purposes of maintenance,

25  repair, or replacement; nor shall the landlord remove the

26  tenant's personal property from the dwelling unit unless said

27  action is taken after surrender, abandonment, or a lawful

28  eviction.  If provided in the rental agreement or a written

29  agreement separate from the rental agreement, upon surrender

30  or abandonment by the tenant, the landlord is not required to

31  comply with s. 715.104 and is shall not be liable or


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 838                                  First Engrossed



  1  responsible for storage or disposition of the tenant's

  2  personal property; if provided in the rental agreement there

  3  must shall be printed or clearly stamped on such rental

  4  agreement a legend in substantially the following form:

  5

  6  BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON

  7  SURRENDER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES,

  8  CHAPTER 83, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE

  9  FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

10

11  For the purposes of this section, abandonment shall be as set

12  forth in s. 83.59(3)(c).

13         Section 2.  Subsection (13) is added to section

14  475.011, Florida Statutes, to read:

15         475.011  Exemptions.--This part does not apply to:

16         (13)  Any property management firm or any property

17  owner of an apartment community paying a finder's fee or

18  referral fee to an unlicensed person who is a tenant in or an

19  employee of that apartment complex or property management firm

20  as long as the value of the finder's fee or referral fee does

21  not exceed $50 per transaction. This section does not permit

22  an unlicensed person to advertise or otherwise promote the

23  person's services in procuring or assisting to procure

24  prospective lessors or tenants of apartment units. For the

25  purposes of this subsection, the phrase, "finder's fee or

26  referral fee" means a fee paid, rent credit, or something of

27  value given to a person for introducing or arranging an

28  introduction between the parties to a transaction involving

29  the rental of an apartment unit.

30         Section 3.  Section 715.105, Florida Statutes, is

31  amended to read:


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 838                                  First Engrossed



  1         715.105  Form of notice to former tenant.--

  2         (1)  A notice to the former tenant which is in

  3  substantially the following form satisfies the requirements of

  4  s. 715.104:

  5

  6         Notice of Right to Reclaim Abandoned Property

  7         To:  ...(Name of former tenant)...

  8    ...(Address of former tenant)...

  9         When you vacated the premises at ...(address of

10  premises, including room or apartment number, if any)..., the

11  following personal property remained:  ...(insert description

12  of personal property)....

13         You may claim this property at ...(address where

14  property may be claimed)....

15         Unless you pay the reasonable costs of storage and

16  advertising, if any, for all the above-described property and

17  take possession of the property which you claim, not later

18  than ...(insert date not fewer than 10 days after notice is

19  personally delivered or, if mailed, not fewer than 15 days

20  after notice is deposited in the mail)..., this property may

21  be disposed of pursuant to s. 715.109.

22         (Insert here the statement required by subsection (2))

23         Dated:....                ...(Signature of landlord)...

24         ...(Type or print name of landlord)...

25         ...(Telephone number)...

26         ...(Address)...

27

28         (2)  The notice set forth in subsection (1) shall also

29  contain one of the following statements:

30         (a)  "If you fail to reclaim the property, it will be

31  sold at a public sale after notice of the sale has been given


                                  3

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 838                                  First Engrossed



  1  by publication.  You have the right to bid on the property at

  2  this sale.  After the property is sold and the costs of

  3  storage, advertising, and sale are deducted, the remaining

  4  money will be paid over to the county.  You may claim the

  5  remaining money at any time within 1 year after the county

  6  receives the money."

  7         (b)  "Because this property is believed to be worth

  8  less than $500 $250, it may be kept, sold, or destroyed

  9  without further notice if you fail to reclaim it within the

10  time indicated above."

11         Section 4.  Section 715.106, Florida Statutes, is

12  amended to read:

13         715.106  Form of notice to owner other than former

14  tenant.--

15         (1)  A notice which is in substantially the following

16  form given to a person who is not the former tenant and whom

17  the landlord reasonably believes to be the owner of any of the

18  abandoned personal property satisfies the requirements of s.

19  715.104:

20

21         Notice of Right to Reclaim Abandoned Property

22         To:  ...(Name)...

23    ...(Address)...

24         When ...(name of former tenant)... vacated the premises

25  at ...(address of premises, including room or apartment

26  number, if any)..., the following personal property remained:

27  ...(insert description of personal property)....

28         If you own any of this property, you may claim it at

29  ...(address where property may be claimed)....  Unless you pay

30  the reasonable costs of storage and advertising, if any, and

31  take possession of the property to which you are entitled, not


                                  4

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 838                                  First Engrossed



  1  later than ...(insert date not fewer than 10 days after notice

  2  is personally delivered or, if mailed, not fewer than 15 days

  3  after notice is deposited in the mail)..., this property may

  4  be disposed of pursuant to s. 715.109.

  5         (Insert here the statement required by subsection (2))

  6         Dated:....                ...(Signature of landlord)...

  7         ...(Type or print name of landlord)...

  8         ...(Telephone number)...

  9         ...(Address)...

10

11         (2)  The notice set forth in subsection (1) shall also

12  contain one of the following statements:

13         (a)  "If you fail to reclaim the property, it will be

14  sold at a public sale after notice of the sale has been given

15  by publication.  You have the right to bid on the property at

16  this sale.  After the property is sold and the costs of

17  storage, advertising, and sale are deducted, the remaining

18  money will be paid over to the county.  You may claim the

19  remaining money at any time within 1 year after the county

20  receives the money."

21         (b)  "Because this property is believed to be worth

22  less than $500 $250, it may be kept, sold, or destroyed

23  without further notice if you fail to reclaim it within the

24  time indicated above."

25         Section 5.  Subsection (1) of section 715.109, Florida

26  Statutes, is amended to read:

27         715.109  Sale or disposition of abandoned property.--

28         (1)  If the personal property described in the notice

29  is not released pursuant to s. 715.108, it shall be sold at

30  public sale by competitive bidding.  However, if the landlord

31  reasonably believes that the total resale value of the


                                  5

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 838                                  First Engrossed



  1  property not released is less than $500 $250, she or he may

  2  retain such property for her or his own use or dispose of it

  3  in any manner she or he chooses.  Nothing in this section

  4  shall be construed to preclude the landlord or tenant from

  5  bidding on the property at the public sale.  The successful

  6  bidder's title is subject to ownership rights, liens, and

  7  security interests which have priority by law.

  8         Section 6.  (1)  Any member of the United States Armed

  9  Forces who is required to move pursuant to permanent change of

10  station orders to depart 50 miles or more from the location of

11  a rental premise or is prematurely or involuntarily discharged

12  or released from active duty with the United States Armed

13  Forces, may terminate his rental agreement by providing the

14  landlord with a written notice of termination to be effective

15  on the date stated in the notice that is at least 30 days

16  after the landlord's receipt of the notice. The notice to the

17  landlord must be accompanied by either a copy of the official

18  military orders or a written verification signed by the

19  member's Commanding Officer.

20         (2)  Upon termination of a rental agreement under this

21  section, the tenant is liable for the rent due under the

22  rental agreement prorated to the effective date of the

23  termination payable at such time as would have otherwise been

24  required by the terms of the rental agreement. The tenant is

25  not liable for any other rent or damages due to the early

26  termination of the tenancy except the liquidated damages

27  provided in this section. If a member terminates the rental

28  agreement pursuant to this section, 14 or more days prior to

29  occupancy, no damages or penalties of any kind are due.

30         (3)  In consideration of early termination of the

31  rental agreement, the tenant is liable to the landlord for


                                  6

CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 838                                  First Engrossed



  1  liquidated damages provided the tenant has completed less than

  2  nine months of the tenancy and the landlord has suffered

  3  actual damages due to loss of the tenancy. The liquidated

  4  damages must be no greater than one month's rent if the tenant

  5  has completed less than six months of the tenancy as of the

  6  effective date of termination, or one-half of one month's rent

  7  if the tenant has completed at least six but not less than

  8  nine months of the tenancy as of the effective date of

  9  termination.

10         (4)  The provisions of this section may not be waived

11  or modified by the agreement of the parties under any

12  circumstances.

13         Section 7.  This act shall take effect July 1, 2001.

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  7

CODING: Words stricken are deletions; words underlined are additions.