Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1182
       
       
       
       
       
       
                                Barcode 479964                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/30/2012           .                                
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       The Committee on Community Affairs (Norman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 42 and 43
    4  insert:
    5         Section 1. Subsection (5) of section 83.56, Florida
    6  Statutes, is amended to read:
    7         83.56 Termination of rental agreement.—
    8         (5) If the landlord accepts rent with actual knowledge of a
    9  noncompliance by the tenant or accepts performance by the tenant
   10  of any other provision of the rental agreement that is at
   11  variance with its provisions, or if the tenant pays rent with
   12  actual knowledge of a noncompliance by the landlord or accepts
   13  performance by the landlord of any other provision of the rental
   14  agreement that is at variance with its provisions, the landlord
   15  or tenant waives his or her right to terminate the rental
   16  agreement or to bring a civil action for that noncompliance, but
   17  not for any subsequent or continuing noncompliance. Any tenant
   18  who wishes to defend against an action by the landlord for
   19  possession of the unit for noncompliance of the rental agreement
   20  or of relevant statutes shall comply with the provisions in s.
   21  83.60(2). The court may not set a date for mediation or trial
   22  unless the provisions of s. 83.60(2) have been met, but shall
   23  enter a default judgment for removal of the tenant with a writ
   24  of possession to issue immediately if the tenant fails to comply
   25  with s. 83.60(2). This subsection does not apply to that portion
   26  of rent subsidies received from a local, state, or national
   27  government or an agency of local, state, or national government;
   28  however, waiver will occur if an action has not been instituted
   29  within 90 45 days after the landlord has actual knowledge of the
   30  noncompliance.
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33         And the title is amended as follows:
   34         Delete line 2
   35  and insert:
   36         An act relating to public housing; amending s. 83.56,
   37         F.S.; revising provisions for terminating a rental
   38         agreement that involves rent subsidies received from a
   39         local, state, or national government; amending s.
   40         421.02,