Florida Senate - 2010                                    SB 1146
       
       
       
       By Senator Constantine
       
       
       
       
       22-00707A-10                                          20101146__
    1                        A bill to be entitled                      
    2         An act relating to foreclosures; creating s. 83.495,
    3         F.S.; providing requirements for landlords following
    4         commencement of a foreclosure action; providing for
    5         security deposits and advance rents to be maintained
    6         in a specified manner; providing for disclosure of the
    7         foreclosure action to prospective tenants; providing
    8         an exception to liability for failure to provide
    9         notice; requiring the grantee of a certificate of
   10         title to the dwelling unit to credit the tenant for
   11         security deposits and advance rents under certain
   12         conditions; creating s. 83.683, F.S.; providing that
   13         the grantee of a certificate of title from the
   14         foreclosure sale of a rental dwelling unit may not
   15         take possession until a specified period after
   16         notifying the occupant of the sale and the intent to
   17         take possession; prescribing the manner of
   18         effectuating the notice; prohibiting the clerk of
   19         court from issuing a writ of possession unless the
   20         grantee submits proof of the notice sent to the
   21         occupant; providing that the notice requirement does
   22         not eliminate certain requirements that may exist to
   23         make an occupant of property a party to a foreclosure
   24         action; proving an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 83.495, Florida Statutes, is created to
   29  read:
   30         83.495 Commencement of foreclosure; disclosure; security
   31  deposits and advance rents.—
   32         (1) After the initial service of the complaint to foreclose
   33  on property rented as a dwelling unit:
   34         (a) The landlord or the landlord’s authorized
   35  representative shall hold as provided under s. 83.49 the money
   36  deposited or advanced by a current or prospective tenant as
   37  security for performance of the rental agreement or as advance
   38  rent.
   39         (b) The landlord or the landlord’s authorized
   40  representative shall disclose to a prospective tenant the
   41  existence of the foreclosure proceedings in the rental agreement
   42  or in another writing before the prospective tenant executes the
   43  rental agreement. The written disclosure shall inform the
   44  prospective tenant that the foreclosure proceedings may affect a
   45  tenant’s right to possess and reside in the dwelling unit and
   46  that the landlord or the landlord’s authorized representative is
   47  required to hold the tenant’s deposit money or advance rent as
   48  provided under s. 83.49.
   49         (2) A landlord’s authorized representative is not liable
   50  for failure to notify a prospective tenant of the foreclosure
   51  proceedings unless the representative received notice of the
   52  existence of the pending foreclosure proceedings from the
   53  landlord.
   54         (3) If the landlord or the landlord’s authorized
   55  representative does not hold the deposit money or advance rent
   56  as provided under s. 83.49 after the property is sold in
   57  foreclosure, the grantee of the certificate of title shall
   58  credit the tenant’s account for any deposit money paid by the
   59  tenant and make claims against the deposit pursuant to the
   60  provision of s. 83.49(1) attributable to the tenant. The grantee
   61  shall also credit the tenant’s account for any advance rent for
   62  an unexpired rental period. The tenant must have documentation
   63  demonstrating the payment of the security deposit or advance
   64  rent in order to receive a credit.
   65         Section 2. Section 83.683, Florida Statutes, is created to
   66  read:
   67         83.683 Possession following foreclosure; notice to occupant
   68  of dwelling unit subject to rental agreement.—
   69         (1) The grantee of a certificate of title from the sale in
   70  foreclosure of a dwelling unit subject to a rental agreement
   71  that is not in default may not obtain a writ of possession until
   72  90 days after the grantee provides notice in writing to the
   73  occupant of the dwelling unit stating that the dwelling unit has
   74  been sold, that the lease is terminated, and that the grantee
   75  desires to take possession of the dwelling unit.
   76         (2) The grantee shall effectuate the notice required by
   77  this section by depositing the notice in United States first
   78  class mail and by sending a duplicate of the notice using
   79  certified mail.
   80         (3) The clerk of the circuit court may not issue a writ of
   81  possession unless the grantee files with the clerk a duplicate
   82  of the notice mailed to the occupant as required by this
   83  section.
   84         (4) This section does not affect any requirement to name
   85  the occupant of a property as a party to a foreclosure action in
   86  order to obtain a writ of possession as part of that action.
   87         Section 3. This act shall take effect July 1, 2010.