Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1830
       
       
       
       
       
       
                                Barcode 170142                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2012           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Flores) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 83.42, Florida
    6  Statutes, is amended to read:
    7         83.42 Exclusions from application of part.—This part does
    8  not apply to:
    9         (2) Occupancy under a contract of sale of a dwelling unit
   10  or the property of which it is a part in which at least one
   11  month’s rent has been paid and the buyer has paid a deposit of
   12  at least 5 percent of the value of the property, or in which the
   13  buyer has paid at least 12 months’ rent.
   14         Section 2. Section 83.48, Florida Statutes, is amended to
   15  read:
   16         83.48 Attorney Attorney’s fees.—In any civil action brought
   17  to enforce the provisions of the rental agreement or this part,
   18  the party in whose favor a judgment or decree has been rendered
   19  may recover reasonable court costs, including, but not limited
   20  to, attorney attorney’s fees, from the nonprevailing party. The
   21  right to attorney fees in this section may not be waived in a
   22  lease agreement. However, attorney fees may not be awarded under
   23  this section in a claim for personal injury damages based on a
   24  breach of duty under s. 83.51.
   25         Section 3. Subsections (2), (3), and (7) of section 83.49,
   26  Florida Statutes, are amended to read:
   27         83.49 Deposit money or advance rent; duty of landlord and
   28  tenant.—
   29         (2) The landlord shall, in the lease agreement or within 30
   30  days after of receipt of advance rent or a security deposit,
   31  furnish written notice to notify the tenant which includes
   32  disclosure of in writing of the manner in which the landlord is
   33  holding the advance rent or security deposit and the rate of
   34  interest, if any, which the tenant is to receive and the time of
   35  interest payments to the tenant. Such written notice shall:
   36         (a) Be given in person or by mail to the tenant.
   37         (b) State the name and address of the depository where the
   38  advance rent or security deposit is being held, whether the
   39  advance rent or security deposit is being held in a separate
   40  account for the benefit of the tenant or is commingled with
   41  other funds of the landlord, and, if commingled, whether such
   42  funds are deposited in an interest-bearing account in a Florida
   43  banking institution.
   44         (c) Include a copy of the provisions of subsection (3).
   45  
   46  Subsequent to providing such notice, if the landlord changes the
   47  manner or location in which he or she is holding the advance
   48  rent or security deposit, he or she shall notify the tenant
   49  within 30 days after of the change according to the provisions
   50  of paragraphs (a)-(d) herein set forth. The landlord is not
   51  required to give a new notice or an additional notice solely
   52  because the depository has merged with another financial
   53  institution, changed its name, or transferred ownership to a
   54  different financial institution. This subsection does not apply
   55  to any landlord who rents fewer than five individual dwelling
   56  units. Failure to provide this notice is shall not be a defense
   57  to the payment of rent when due. Such written notice must:
   58         (a) Be given in person or by mail to the tenant;
   59         (b) State the name and address of the depository where the
   60  advance rent or security deposit is being held, or state that
   61  the landlord has posted a surety bond as provided by law;
   62         (c) State whether the tenant is entitled to interest on the
   63  deposit; and
   64         (d) Include the following disclosure:
   65  
   66         YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
   67         LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S
   68         ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU
   69         MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS
   70         SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING
   71         YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE,
   72         WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S
   73         INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU
   74         DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO
   75         THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE
   76         LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM
   77         AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF
   78         YOU TIMELY OBJECT, THE LANDLORD MUST HOLD THE DEPOSIT
   79         AND EITHER YOU OR THE LANDLORD WILL HAVE TO FILE A
   80         LAWSUIT SO THAT THE COURT CAN RESOLVE THE DISPUTE.
   81  
   82         IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE
   83         LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A
   84         LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY
   85         OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE
   86         DEPOSIT BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A
   87         REFUND.
   88  
   89         YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
   90         BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
   91         FAVOR A JUDGMENT HAS BEEN RENDERED WILL BE AWARDED
   92         COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
   93  
   94         THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF
   95         CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL
   96         RIGHTS AND OBLIGATIONS.
   97  
   98         (3) The landlord may disburse advance rents from the
   99  deposit account to the landlord’s benefit when the advance
  100  rental period commences and without notice to the tenant. For
  101  all other deposits:
  102         (a) Upon the vacating of the premises for termination of
  103  the lease, if the landlord does not intend to impose a claim on
  104  the security deposit, the landlord shall have 15 days to return
  105  the security deposit together with interest if otherwise
  106  required, or the landlord shall have 30 days to give the tenant
  107  written notice by certified mail to the tenant’s last known
  108  mailing address of his or her intention to impose a claim on the
  109  deposit and the reason for imposing the claim. The notice shall
  110  contain a statement in substantially the following form:
  111  
  112         This is a notice of my intention to impose a claim for
  113  damages in the amount of .... upon your security deposit, due to
  114  ..... It is sent to you as required by s. 83.49(3), Florida
  115  Statutes. You are hereby notified that you must object in
  116  writing to this deduction from your security deposit within 15
  117  days from the time you receive this notice or I will be
  118  authorized to deduct my claim from your security deposit. Your
  119  objection must be sent to ...(landlord’s address)....
  120  
  121  If the landlord fails to give the required notice within the 30
  122  day period, he or she forfeits the right to impose a claim upon
  123  the security deposit and may not seek a setoff against the
  124  deposit but may file an action for damages after return of the
  125  deposit.
  126         (b) Unless the tenant objects to the imposition of the
  127  landlord’s claim or the amount thereof within 15 days after
  128  receipt of the landlord’s notice of intention to impose a claim,
  129  the landlord may then deduct the amount of his or her claim and
  130  shall remit the balance of the deposit to the tenant within 30
  131  days after the date of the notice of intention to impose a claim
  132  for damages. The failure of the tenant to make a timely
  133  objection does not waive any rights of the tenant to seek
  134  damages in a separate action.
  135         (c) If either party institutes an action in a court of
  136  competent jurisdiction to adjudicate the party’s right to the
  137  security deposit, the prevailing party is entitled to receive
  138  his or her court costs plus a reasonable fee for his or her
  139  attorney. The court shall advance the cause on the calendar.
  140         (d) Compliance with this section by an individual or
  141  business entity authorized to conduct business in this state,
  142  including Florida-licensed real estate brokers and sales
  143  associates, constitutes shall constitute compliance with all
  144  other relevant Florida Statutes pertaining to security deposits
  145  held pursuant to a rental agreement or other landlord-tenant
  146  relationship. Enforcement personnel shall look solely to this
  147  section to determine compliance. This section prevails over any
  148  conflicting provisions in chapter 475 and in other sections of
  149  the Florida Statutes, and shall operate to permit licensed real
  150  estate brokers to disburse security deposits and deposit money
  151  without having to comply with the notice and settlement
  152  procedures contained in s. 475.25(1)(d).
  153         (7) Upon the sale or transfer of title of the rental
  154  property from one owner to another, or upon a change in the
  155  designated rental agent, any and all security deposits or
  156  advance rents being held for the benefit of the tenants shall be
  157  transferred to the new owner or agent, together with any earned
  158  interest and with an accurate accounting showing the amounts to
  159  be credited to each tenant account. Upon the transfer of such
  160  funds and records to the new owner or agent as stated herein,
  161  and upon transmittal of a written receipt therefor, the
  162  transferor is shall be free from the obligation imposed in
  163  subsection (1) to hold such moneys on behalf of the tenant.
  164  There is a rebuttable presumption that any new owner or agent
  165  received the security deposits from the previous owner or agent;
  166  however, the limit of this presumption is one month’s rent. This
  167  subsection does not However, nothing herein shall excuse the
  168  landlord or agent for a violation of other the provisions of
  169  this section while in possession of such deposits.
  170         Section 4. The Legislature recognizes that landlords may
  171  have stocks of preprinted lease forms that contain disclosures
  172  compliant with current law. Accordingly, changes to the
  173  disclosure required of a landlord and made by amendments to s.
  174  83.49, Florida Statutes, in this act, are conditional for leases
  175  entered into between July 1, 2012, and December 31, 2012. During
  176  that period, the landlord may elect to give notice required by
  177  former s. 83.49, Florida Statutes, or the disclosure required
  178  under this act. The disclosure required by this act is required
  179  for all leases entered into on or after January 1, 2013.
  180         Section 5. Section 83.50, Florida Statutes, is amended to
  181  read:
  182         83.50 Disclosure of landlord’s address.—
  183         (1)In addition to other disclosures required by law, the
  184  landlord, or a person authorized to enter into a rental
  185  agreement on the landlord’s behalf, shall disclose in writing to
  186  the tenant, at or before the commencement of the tenancy, the
  187  name and address of the landlord or a person authorized to
  188  receive notices and demands in the landlord’s behalf. The person
  189  so authorized to receive notices and demands retains authority
  190  until the tenant is notified otherwise. All notices of such
  191  names and addresses or changes thereto shall be delivered to the
  192  tenant’s residence or, if specified in writing by the tenant, to
  193  any other address.
  194         (2) The landlord or the landlord’s authorized
  195  representative, upon completion of construction of a building
  196  exceeding three stories in height and containing dwelling units,
  197  shall disclose to the tenants initially moving into the building
  198  the availability or lack of availability of fire protection.
  199         Section 6. Subsection (1) and paragraph (a) of subsection
  200  (2) of section 83.51, Florida Statutes, are amended to read:
  201         83.51 Landlord’s obligation to maintain premises.—
  202         (1) The landlord at all times during the tenancy shall:
  203         (a) Comply with the requirements of applicable building,
  204  housing, and health codes; or
  205         (b) Where there are no applicable building, housing, or
  206  health codes, maintain the roofs, windows, screens, doors,
  207  floors, steps, porches, exterior walls, foundations, and all
  208  other structural components in good repair and capable of
  209  resisting normal forces and loads and the plumbing in reasonable
  210  working condition. However, The landlord is shall not be
  211  required to maintain a mobile home or other structure owned by
  212  the tenant.
  213  
  214  The landlord’s obligations under this subsection may be altered
  215  or modified in writing with respect to a single-family home or
  216  duplex.
  217         (2)(a) Unless otherwise agreed in writing, in addition to
  218  the requirements of subsection (1), the landlord of a dwelling
  219  unit other than a single-family home or duplex shall, at all
  220  times during the tenancy, make reasonable provisions for:
  221         1. The extermination of rats, mice, roaches, ants, wood
  222  destroying organisms, and bedbugs. When vacation of the premises
  223  is required for such extermination, the landlord is shall not be
  224  liable for damages but shall abate the rent. The tenant must
  225  shall be required to temporarily vacate the premises for a
  226  period of time not to exceed 4 days, on 7 days’ written notice,
  227  if necessary, for extermination pursuant to this subparagraph.
  228         2. Locks and keys.
  229         3. The clean and safe condition of common areas.
  230         4. Garbage removal and outside receptacles therefor.
  231         5. Functioning facilities for heat during winter, running
  232  water, and hot water.
  233         Section 7. Subsections (2) through (5) of section 83.56,
  234  Florida Statutes, are amended to read:
  235         83.56 Termination of rental agreement.—
  236         (2) If the tenant materially fails to comply with s. 83.52
  237  or material provisions of the rental agreement, other than a
  238  failure to pay rent, or reasonable rules or regulations, the
  239  landlord may:
  240         (a) If such noncompliance is of a nature that the tenant
  241  should not be given an opportunity to cure it or if the
  242  noncompliance constitutes a subsequent or continuing
  243  noncompliance within 12 months of a written warning by the
  244  landlord of a similar violation, deliver a written notice to the
  245  tenant specifying the noncompliance and the landlord’s intent to
  246  terminate the rental agreement by reason thereof. Examples of
  247  noncompliance which are of a nature that the tenant should not
  248  be given an opportunity to cure include, but are not limited to,
  249  destruction, damage, or misuse of the landlord’s or other
  250  tenants’ property by intentional act or a subsequent or
  251  continued unreasonable disturbance. In such event, the landlord
  252  may terminate the rental agreement, and the tenant shall have 7
  253  days from the date that the notice is delivered to vacate the
  254  premises. The notice shall be adequate if it is in substantially
  255  the following form:
  256  
  257         You are advised that your lease is terminated effective
  258  immediately. You shall have 7 days from the delivery of this
  259  letter to vacate the premises. This action is taken because
  260  ...(cite the noncompliance)....
  261  
  262         (b) If such noncompliance is of a nature that the tenant
  263  should be given an opportunity to cure it, deliver a written
  264  notice to the tenant specifying the noncompliance, including a
  265  notice that, if the noncompliance is not corrected within 7 days
  266  from the date the written notice is delivered, the landlord
  267  shall terminate the rental agreement by reason thereof. Examples
  268  of such noncompliance include, but are not limited to,
  269  activities in contravention of the lease or this part act such
  270  as having or permitting unauthorized pets, guests, or vehicles;
  271  parking in an unauthorized manner or permitting such parking; or
  272  failing to keep the premises clean and sanitary. If there is a
  273  noncompliance within 12 months after notice, an eviction action
  274  may commence without the necessity of delivering a subsequent
  275  notice pursuant to paragraph (a) or this paragraph. The notice
  276  shall be adequate if it is in substantially the following form:
  277  
  278         You are hereby notified that ...(cite the
  279  noncompliance).... Demand is hereby made that you remedy the
  280  noncompliance within 7 days of receipt of this notice or your
  281  lease shall be deemed terminated and you shall vacate the
  282  premises upon such termination. If this same conduct or conduct
  283  of a similar nature is repeated within 12 months, your tenancy
  284  is subject to termination without further warning and without
  285  your being given an opportunity to cure the noncompliance.
  286  
  287         (3) If the tenant fails to pay rent when due and the
  288  default continues for 3 days, excluding Saturday, Sunday, and
  289  legal holidays, after delivery of written demand by the landlord
  290  for payment of the rent or possession of the premises, the
  291  landlord may terminate the rental agreement. Legal holidays for
  292  the purpose of this section shall be court-observed holidays
  293  only. The total amount claimed may include all moneys owed to
  294  the landlord through the date of the notice, including, but not
  295  limited to, late fees. The 3-day notice shall contain a
  296  statement in substantially the following form:
  297  
  298         You are hereby notified that you are indebted to me in the
  299  sum of .... dollars for the rent and use of the premises
  300  ...(address of leased premises, including county)..., Florida,
  301  now occupied by you and that I demand payment of the rent or
  302  possession of the premises within 3 days (excluding Saturday,
  303  Sunday, and legal holidays) from the date of delivery of this
  304  notice, to wit: on or before the .... day of ...., ...(year)....
  305         ...(landlord’s name, address and phone number)...
  306  
  307         (4) The delivery of the written notices required by
  308  subsections (1), (2), and (3) shall be by mailing or delivery of
  309  a true copy thereof or, if the tenant is absent from the
  310  premises, by leaving a copy thereof at the residence. The notice
  311  requirements of subsections (1), (2), and (3) may not be waived
  312  in the lease.
  313         (5)(a) If the landlord accepts rent with actual knowledge
  314  of a noncompliance by the tenant or accepts performance by the
  315  tenant of any other provision of the rental agreement that is at
  316  variance with its provisions, or if the tenant pays rent with
  317  actual knowledge of a noncompliance by the landlord or accepts
  318  performance by the landlord of any other provision of the rental
  319  agreement that is at variance with its provisions, the landlord
  320  or tenant waives his or her right to terminate the rental
  321  agreement or to bring a civil action for that noncompliance, but
  322  not for any subsequent or continuing noncompliance. However, a
  323  landlord does not waive the right to terminate the rental
  324  agreement or to bring a civil action for that noncompliance by
  325  accepting partial rent for the period if the landlord notifies
  326  the tenant that the landlord is reserving the right to enforce
  327  the rental agreement.
  328         (b) Any tenant who wishes to defend against an action by
  329  the landlord for possession of the unit for noncompliance of the
  330  rental agreement or of relevant statutes must shall comply with
  331  the provisions in s. 83.60(2). The court may not set a date for
  332  mediation or trial unless the provisions of s. 83.60(2) have
  333  been met, but must shall enter a default judgment for removal of
  334  the tenant with a writ of possession to issue immediately if the
  335  tenant fails to comply with s. 83.60(2).
  336         (c) This subsection does not apply to that portion of rent
  337  subsidies received from a local, state, or national government
  338  or an agency of local, state, or national government; however,
  339  waiver will occur if an action has not been instituted within 45
  340  days after the landlord obtains actual knowledge of the
  341  noncompliance.
  342         Section 8. Section 83.575, Florida Statutes, is amended to
  343  read:
  344         83.575 Termination of tenancy with specific duration.—
  345         (1) A rental agreement with a specific duration may contain
  346  a provision requiring the tenant to notify the landlord before
  347  vacating the premises at the end of the rental agreement if the
  348  provision also requires that the landlord notify the tenant if
  349  the rental agreement will not be renewed on the same terms;
  350  however, a rental agreement may not require more than 60 days’
  351  notice from either the tenant or the landlord before vacating
  352  the premises.
  353         (2) A rental agreement with a specific duration may provide
  354  that if a tenant fails to give the required notice before
  355  vacating the premises at the end of the rental agreement, the
  356  tenant may be liable for liquidated damages as specified in the
  357  rental agreement if the landlord provides written notice to the
  358  tenant specifying the tenant’s obligations under the
  359  notification provision contained in the lease and the date the
  360  rental agreement is terminated. The landlord must provide such
  361  written notice to the tenant within 15 days before the start of
  362  the notification period contained in the lease. The written
  363  notice shall list all fees, penalties, and other charges
  364  applicable to the tenant under this subsection.
  365         (3) If the tenant remains on the premises with the
  366  permission of the landlord after the rental agreement has
  367  terminated and fails to give notice required under s. 83.57(3),
  368  the tenant is liable to the landlord for an additional 1 month’s
  369  rent.
  370         Section 9. Section 83.58, Florida Statutes, is amended to
  371  read:
  372         83.58 Remedies; tenant holding over.—If the tenant holds
  373  over and continues in possession of the dwelling unit or any
  374  part thereof after the expiration of the rental agreement
  375  without the permission of the landlord, the landlord may recover
  376  possession of the dwelling unit in the manner provided for in s.
  377  83.59 [F.S. 1973]. The landlord may also recover double the
  378  amount of rent due on the dwelling unit, or any part thereof,
  379  for the period during which the tenant refuses to surrender
  380  possession.
  381         Section 10. Subsection (2) of section 83.59, Florida
  382  Statutes, is amended to read:
  383         83.59 Right of action for possession.—
  384         (2) A landlord, the landlord’s attorney, or the landlord’s
  385  agent, applying for the removal of a tenant, shall file in the
  386  county court of the county where the premises are situated a
  387  complaint describing the dwelling unit and stating the facts
  388  that authorize its recovery. A landlord’s agent is not permitted
  389  to take any action other than the initial filing of the
  390  complaint, unless the landlord’s agent is an attorney. The
  391  landlord is entitled to the summary procedure provided in s.
  392  51.011 [F.S. 1971], and the court shall advance the cause on the
  393  calendar.
  394         Section 11. Section 83.60, Florida Statutes, is amended to
  395  read:
  396         83.60 Defenses to action for rent or possession;
  397  procedure.—
  398         (1)(a) In an action by the landlord for possession of a
  399  dwelling unit based upon nonpayment of rent or in an action by
  400  the landlord under s. 83.55 seeking to recover unpaid rent, the
  401  tenant may defend upon the ground of a material noncompliance
  402  with s. 83.51(1) [F.S. 1973], or may raise any other defense,
  403  whether legal or equitable, that he or she may have, including
  404  the defense of retaliatory conduct in accordance with s. 83.64.
  405  The landlord must be given an opportunity to cure a deficiency
  406  in a notice or in the pleadings prior to dismissal of the
  407  action.
  408         (b) The defense of a material noncompliance with s.
  409  83.51(1) [F.S. 1973] may be raised by the tenant if 7 days have
  410  elapsed after the delivery of written notice by the tenant to
  411  the landlord, specifying the noncompliance and indicating the
  412  intention of the tenant not to pay rent by reason thereof. Such
  413  notice by the tenant may be given to the landlord, the
  414  landlord’s representative as designated pursuant to s. 83.50(1),
  415  a resident manager, or the person or entity who collects the
  416  rent on behalf of the landlord. A material noncompliance with s.
  417  83.51(1) [F.S. 1973] by the landlord is a complete defense to an
  418  action for possession based upon nonpayment of rent, and, upon
  419  hearing, the court or the jury, as the case may be, shall
  420  determine the amount, if any, by which the rent is to be reduced
  421  to reflect the diminution in value of the dwelling unit during
  422  the period of noncompliance with s. 83.51(1) [F.S. 1973]. After
  423  consideration of all other relevant issues, the court shall
  424  enter appropriate judgment.
  425         (2) In an action by the landlord for possession of a
  426  dwelling unit, if the tenant interposes any defense other than
  427  payment, including, but not limited to, the defense of a
  428  defective 3-day notice, the tenant shall pay into the registry
  429  of the court the accrued rent as alleged in the complaint or as
  430  determined by the court and the rent that which accrues during
  431  the pendency of the proceeding, when due. The clerk shall notify
  432  the tenant of such requirement in the summons. Failure of the
  433  tenant to pay the rent into the registry of the court or to file
  434  a motion to determine the amount of rent to be paid into the
  435  registry within 5 days, excluding Saturdays, Sundays, and legal
  436  holidays, after the date of service of process constitutes an
  437  absolute waiver of the tenant’s defenses other than payment, and
  438  the landlord is entitled to an immediate default judgment for
  439  removal of the tenant with a writ of possession to issue without
  440  further notice or hearing thereon. If In the event a motion to
  441  determine rent is filed, documentation in support of the
  442  allegation that the rent as alleged in the complaint is in error
  443  is required. Public housing tenants or tenants receiving rent
  444  subsidies are shall be required to deposit only that portion of
  445  the full rent for which they are the tenant is responsible
  446  pursuant to the federal, state, or local program in which they
  447  are participating.
  448         Section 12. Subsection (1) of section 83.62, Florida
  449  Statutes, is amended to read:
  450         83.62 Restoration of possession to landlord.—
  451         (1) In an action for possession, after entry of judgment in
  452  favor of the landlord, the clerk shall issue a writ to the
  453  sheriff describing the premises and commanding the sheriff to
  454  put the landlord in possession after 24 hours’ notice
  455  conspicuously posted on the premises. Weekends and legal
  456  holidays do not stay the 24-hour notice period.
  457         Section 13. Section 83.63, Florida Statutes, is amended to
  458  read:
  459         83.63 Casualty damage.—If the premises are damaged or
  460  destroyed other than by the wrongful or negligent acts of the
  461  tenant so that the enjoyment of the premises is substantially
  462  impaired, the tenant may terminate the rental agreement and
  463  immediately vacate the premises. The tenant may vacate the part
  464  of the premises rendered unusable by the casualty, in which case
  465  the tenant’s liability for rent shall be reduced by the fair
  466  rental value of that part of the premises damaged or destroyed.
  467  If the rental agreement is terminated, the landlord shall comply
  468  with s. 83.49(3) [F.S. 1973].
  469         Section 14. Subsection (1) of section 83.64, Florida
  470  Statutes, is amended to read:
  471         83.64 Retaliatory conduct.—
  472         (1) It is unlawful for a landlord to discriminatorily
  473  increase a tenant’s rent or decrease services to a tenant, or to
  474  bring or threaten to bring an action for possession or other
  475  civil action, primarily because the landlord is retaliating
  476  against the tenant. In order for the tenant to raise the defense
  477  of retaliatory conduct, the tenant must have acted in good
  478  faith. Examples of conduct for which the landlord may not
  479  retaliate include, but are not limited to, situations where:
  480         (a) The tenant has complained to a governmental agency
  481  charged with responsibility for enforcement of a building,
  482  housing, or health code of a suspected violation applicable to
  483  the premises;
  484         (b) The tenant has organized, encouraged, or participated
  485  in a tenants’ organization;
  486         (c) The tenant has complained to the landlord pursuant to
  487  s. 83.56(1); or
  488         (d) The tenant is a servicemember who has terminated a
  489  rental agreement pursuant to s. 83.682;
  490         (e) The tenant has paid rents to a condominium,
  491  cooperative, or homeowners’ association after demand from the
  492  association in order to pay the landlord’s obligation to the
  493  association; or
  494         (f) The tenant has exercised his or her rights under local,
  495  state, or federal fair housing laws.
  496         Section 15. Subsection (1) of section 723.063, Florida
  497  Statutes, is amended to read:
  498         723.063 Defenses to action for rent or possession;
  499  procedure.—
  500         (1)(a) In any action based upon nonpayment of rent or
  501  seeking to recover unpaid rent, or a portion thereof, the mobile
  502  home owner may defend upon the ground of a material
  503  noncompliance with any portion of this chapter or may raise any
  504  other defense, whether legal or equitable, which he or she may
  505  have. The mobile home park owner must be given an opportunity to
  506  cure a deficiency in a notice or in the pleadings prior to
  507  dismissal of the action.
  508         (b) The defense of material noncompliance may be raised by
  509  the mobile home owner only if 7 days have elapsed after he or
  510  she has notified the park owner in writing of his or her
  511  intention not to pay rent, or a portion thereof, based upon the
  512  park owner’s noncompliance with portions of this chapter,
  513  specifying in reasonable detail the provisions in default. A
  514  material noncompliance with this chapter by the park owner is a
  515  complete defense to an action for possession based upon
  516  nonpayment of rent, or a portion thereof, and, upon hearing, the
  517  court or the jury, as the case may be, shall determine the
  518  amount, if any, by which the rent is to be reduced to reflect
  519  the diminution in value of the lot during the period of
  520  noncompliance with any portion of this chapter. After
  521  consideration of all other relevant issues, the court shall
  522  enter appropriate judgment.
  523         Section 16. This act shall take effect July 1, 2012.
  524  
  525  ================= T I T L E  A M E N D M E N T ================
  526         And the title is amended as follows:
  527         Delete everything before the enacting clause
  528  and insert:
  529                        A bill to be entitled                      
  530         An act relating to landlords and tenants; amending s.
  531         83.42, F.S.; revising exclusions from application of
  532         part II of ch. 83, F.S., relating to residential
  533         tenancies; amending s. 83.48, F.S.; providing that the
  534         right to attorney fees may not be waived in a lease
  535         agreement; providing that attorney fees may not be
  536         awarded in a claim for personal injury damages based
  537         on a breach of duty of premises maintenance; amending
  538         s. 83.49, F.S.; revising and providing landlord
  539         disclosure requirements with respect to deposit money
  540         and advance rent; providing requirements for the
  541         disbursement of advance rents; providing a limited
  542         rebuttable presumption of receipt of security
  543         deposits; providing for certain changes to disclosure
  544         requirements to be phased in; amending s. 83.50, F.S.;
  545         removing certain landlord disclosure requirements
  546         relating to fire protection; amending s. 83.51, F.S.;
  547         revising a landlord’s obligation to maintain a
  548         premises with respect to screens; amending s. 83.56,
  549         F.S.; revising procedures for the termination of a
  550         rental agreement by a landlord; revising notice and
  551         payment procedures; providing that a landlord does not
  552         waive the right to terminate the rental agreement or
  553         to bring a civil action for noncompliance by accepting
  554         partial rent, subject to certain notice; providing
  555         that the period to institute an action before an
  556         exemption involving rent subsidies is waived begins
  557         upon actual knowledge; amending s. 83.575, F.S.;
  558         revising requirements for the termination of a tenancy
  559         having a specific duration to provide for reciprocal
  560         notice provisions in rental agreements; amending ss.
  561         83.58 and 83.59, F.S.; conforming cross-references;
  562         amending s. 83.60, F.S.; providing that a landlord
  563         must be given an opportunity to cure a deficiency in
  564         any notice or pleadings prior to dismissal of an
  565         eviction action; making technical changes; amending s.
  566         83.62, F.S.; revising procedures for the restoration
  567         of possession to a landlord to provide that weekends
  568         and holidays do not stay the applicable notice period;
  569         amending s. 83.63, F.S.; conforming a cross-reference;
  570         amending s. 83.64, F.S.; providing examples of conduct
  571         for which the landlord may not retaliate; amending s.
  572         723.063, F.S.; providing that a mobile home park owner
  573         must be given an opportunity to cure a deficiency in
  574         any notice or pleadings prior to dismissal of an
  575         eviction action; providing an effective date.