Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for CS for SB's 1646 & 1038
Barcode 163754
LEGISLATIVE ACTION
Senate . House
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The Committee on General Government Appropriations (Aronberg)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 44 - 99
4 and insert:
5 Section 1. Section 83.683, Florida Statutes, is created to
6 read:
7 83.683 Possession following foreclosure; notice to occupant
8 of dwelling unit subject to rental agreement.—
9 (1) The grantee of a certificate of title from the sale in
10 foreclosure of a dwelling unit subject to a rental agreement
11 that is not in default may not obtain a writ of possession until
12 30 days after the grantee provides notice in writing to the
13 occupant of the dwelling unit stating that the dwelling unit has
14 been sold, that the lease is terminated, and that the grantee
15 desires to take possession of the dwelling unit.
16 (2) The grantee shall effectuate the notice required by
17 this section by depositing the notice in United States mail
18 first class and by sending a duplicate of the notice using
19 certified mail.
20 (3) The clerk of the circuit court may not issue a writ of
21 possession unless the grantee files with the clerk a duplicate
22 of the notice mailed to the occupant as required by this
23 section.
24 (4) Nothing in this section is intended to eliminate any
25 requirement in law that may exist to name the occupant of
26 property as a party to a foreclosure action as a condition for
27 the issuance of a writ of possession as part of that foreclosure
28 action.
29 Section 2. Section 83.495, Florida Statutes, is created to
30 read:
31 83.495 Commencement of foreclosure; disclosure; security
32 deposits and advance rents.—After the initial service of the
33 complaint in foreclosure proceedings commenced with respect to
34 property rented as a dwelling unit:
35 (1) The landlord or the landlord’s authorized
36 representative shall hold as provided under s. 83.49(1) the
37 total amount of money deposited or advanced by a current or
38 prospective tenant as security for performance of the rental
39 agreement or as advance rent.
40 (2) The landlord or the landlord’s authorized representative
41 shall disclose to a prospective tenant the existence of the
42 pending foreclosure proceedings in the rental agreement or in
43 another writing before the prospective tenant executes the
44 rental agreement. The written disclosure shall inform the
45 prospective tenant that the foreclosure proceedings may affect a
46 tenant’s right to possess and reside in the dwelling unit and
47 that the landlord or the landlord’s authorized representative is
48 required to hold the tenant’s total amount of deposit money or
49 advance rent as provided under s. 83.49(1). A landlord’s
50 authorized representative is not liable for failure to notify a
51 prospective tenant of the foreclosure proceedings unless the
52 representative received notice of the existence of the pending
53 foreclosure proceedings from the landlord. (3) In the event the
54 landlord or the landlord’s authorized representative does not
55 hold the deposit money or advance rent as provided under s.
56 83.49(1) and the property is sold in foreclosure, the grantee of
57 the certificate of title shall credit the tenant’s account for
58 any deposit money paid by the tenant and make claims against the
59 deposit pursuant to the provision of s. 83.49(1) attributable to
60 the tenant. The grantee shall also credit the tenant’s account
61 for any advance rent for an unexpired rental period. The tenant
62 must have documentation demonstrating the payment of the
63 security deposit or advance rent in order to receive the credit.
64
65 ================= T I T L E A M E N D M E N T ================
66 And the title is amended as follows:
67 Delete lines 2 - 20
68 and insert:
69 An act relating to foreclosures; creating s. 83.683, F.S.;
70 providing that the grantee of a certificate of title from the
71 foreclosure sale of a rental dwelling unit may not take
72 possession until a specified period after notifying the occupant
73 of the sale and the intent to take possession; prescribing the
74 manner of effectuating the notice; prohibiting the clerk of
75 court from issuing a writ of possession unless the grantee
76 submits proof of the notice sent to the occupant; providing that
77 the notice requirement does not eliminate certain requirements
78 that may exist to make an occupant of property a party to a
79 foreclosure action; creating s. 83.495, F.S.; providing
80 requirements for landlords following commencement of a
81 foreclosure action; providing for security deposits and advance
82 rents to be maintained in a specified manner; providing for
83 disclosure of the foreclosure action to prospective tenants;
84 providing an exception to liability for failure to provide
85 notice; requiring the grantee of a certificate of title to the
86 dwelling unit to credit the tenant for security deposits and
87 advance rents under certain conditions;
88