Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB's 2730 & 1596
Barcode 794938
CHAMBER ACTION
Senate House
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1 Comm: WD .
04/17/2007 07:08 PM .
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11 The Committee on Judiciary (Joyner) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 On page 4, between lines 18 and 19,
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17 insert:
18 Section 3. Subsection (5) of section 83.56, Florida
19 Statutes, is amended to read:
20 83.56 Termination of rental agreement.--
21 (5) If the landlord accepts rent with actual knowledge
22 of a noncompliance by the tenant or accepts performance by the
23 tenant of any other provision of the rental agreement that is
24 at variance with its provisions, or if the tenant pays rent
25 with actual knowledge of a noncompliance by the landlord or
26 accepts performance by the landlord of any other provision of
27 the rental agreement that is at variance with its provisions,
28 the landlord or tenant waives his or her right to terminate
29 the rental agreement or to bring a civil action for that
30 noncompliance, but not for any subsequent or continuing
31 noncompliance. Any tenant who wishes to defend against an
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11:09 AM 04/17/07 s2730c1c-ju18-r8g
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB's 2730 & 1596
Barcode 794938
1 action by the landlord for possession of the unit for
2 noncompliance of the rental agreement or of relevant statutes
3 shall comply with the provisions in s. 83.60(2). The court may
4 not set a date for mediation or trial unless the provisions of
5 s. 83.60(2) have been met, but shall enter a default judgment
6 for removal of the tenant with a writ of possession to issue
7 immediately if the tenant fails to comply with s. 83.60(2).
8 This subsection does not apply to that portion of rent
9 subsidies received from a local, state, or national government
10 or an agency of local, state, or national government; however,
11 waiver will occur if the landlord does not serve notice to the
12 tenant of the noncompliance an action has not been instituted
13 within 45 days after the landlord has discovered or reasonably
14 should have discovered of the noncompliance.
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16 (Redesignate subsequent sections.)
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19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On page 1, line 16, after the semicolon,
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23 insert:
24 amending s. 83.56, F.S.; providing that the
25 right to terminate a rental agreement or bring
26 a civil action for noncompliance therewith is
27 waived under certain conditions;
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