Florida Senate - 2013                                     SB 490
       By Senator Stargel
       15-00223-13                                            2013490__
    1                        A bill to be entitled                      
    2         An act relating to landlords and tenants; amending s.
    3         83.42, F.S.; revising exclusions from application of
    4         part II of ch. 83, F.S., relating to residential
    5         tenancies; amending s. 83.48, F.S.; providing that the
    6         right to attorney fees may not be waived in a lease
    7         agreement; providing that attorney fees may not be
    8         awarded in a claim for personal injury damages based
    9         on a breach of duty of premises maintenance; amending
   10         s. 83.49, F.S.; revising the requirements of landlord
   11         disclosure relating to deposit money and advance rent;
   12         authorizing the landlord or the landlord’s agent to
   13         disburse advance rent under certain circumstances;
   14         prohibiting the landlord from seeking a setoff against
   15         a security deposit, but authorizing the landlord to
   16         file an action, under certain circumstances; providing
   17         that a tenant who fails to make a timely objection to
   18         a landlord’s claim on a security deposit does not
   19         waive any right to a separate action; providing a
   20         limited rebuttable presumption of receipt of security
   21         deposits; providing that certain changes to disclosure
   22         requirements made by this act are conditional;
   23         amending s. 83.50, F.S.; removing certain landlord
   24         disclosure requirements relating to fire protection;
   25         amending s. 83.51, F.S.; revising a landlord’s
   26         obligation to maintain premises with respect to
   27         screens and to mobile homes or other structures owned
   28         by a tenant; amending s. 83.56, F.S.; authorizing a
   29         landlord to commence an eviction action without
   30         notice, under certain circumstances; providing that a
   31         landlord does not waive the right to terminate the
   32         rental agreement or to bring a civil action for
   33         noncompliance by accepting partial rent, under certain
   34         circumstances; providing that the period to institute
   35         an action before an exemption involving rent subsidies
   36         is waived begins within a specified period after
   37         actual knowledge of a noncompliance; amending s.
   38         83.575, F.S.; revising requirements for the
   39         termination of a tenancy having a specific duration to
   40         provide for reciprocal notice provisions in rental
   41         agreements; amending ss. 83.58 and 83.59, F.S.;
   42         conforming cross-references; amending s. 83.60, F.S.;
   43         requiring that a landlord be given an opportunity to
   44         cure a deficiency in any notice or pleading before
   45         dismissal of an eviction action, under certain
   46         circumstances; requiring that a tenant pay into the
   47         registry of the court the accrued rent if the tenant
   48         uses certain defenses in an action by a landlord for
   49         possession; amending s. 83.62, F.S.; providing that
   50         weekends and holidays do not stay the applicable
   51         notice period in an action by a landlord for
   52         possession, under certain circumstances; amending s.
   53         83.63, F.S.; conforming a cross-reference; amending s.
   54         83.64, F.S.; prohibiting a landlord from retaliating
   55         against a tenant for certain conducts; amending s.
   56         723.063, F.S.; requiring that a mobile home park owner
   57         be given an opportunity to cure a deficiency in any
   58         notice or pleading before dismissal of an eviction
   59         action, under certain circumstances; providing an
   60         effective date.
   62  Be It Enacted by the Legislature of the State of Florida:
   64         Section 1. Subsection (2) of section 83.42, Florida
   65  Statutes, is amended to read:
   66         83.42 Exclusions from application of part.—This part does
   67  not apply to:
   68         (2) Occupancy under a contract of sale of a dwelling unit,
   69  or the property of which it is a part, in which at least 1
   70  month’s rent has been paid and the buyer has paid a deposit of
   71  at least 5 percent of the purchase price of the property, or in
   72  which the buyer has paid at least 12 months’ rent.
   73         Section 2. Section 83.48, Florida Statutes, is amended to
   74  read:
   75         83.48 Attorney Attorney’s fees.—In a any civil action
   76  brought to enforce the provisions of the rental agreement or
   77  this part, the party in whose favor a judgment or decree has
   78  been rendered may recover reasonable court costs, including
   79  attorney attorney’s fees, from the nonprevailing party. The
   80  right to attorney fees in this section may not be waived in a
   81  lease agreement. However, attorney fees may not be awarded under
   82  this section in a claim for personal injury damages based on a
   83  breach of duty under s. 83.51.
   84         Section 3. Subsections (2), (3), and (7) of section 83.49,
   85  Florida Statutes, are amended to read:
   86         83.49 Deposit money or advance rent; duty of landlord and
   87  tenant.—
   88         (2) The landlord shall, in the lease agreement or within 30
   89  days after of receipt of advance rent or a security deposit,
   90  furnish a written notice to notify the tenant which includes
   91  disclosure of in writing of the manner in which the landlord is
   92  holding the advance rent or security deposit and the rate of
   93  interest, if any, which the tenant is to receive and the time of
   94  interest payments to the tenant. Such written notice shall:
   95         (a) Be given in person or by mail to the tenant.
   96         (b) State the name and address of the depository where the
   97  advance rent or security deposit is being held, whether the
   98  advance rent or security deposit is being held in a separate
   99  account for the benefit of the tenant or is commingled with
  100  other funds of the landlord, and, if commingled, whether such
  101  funds are deposited in an interest-bearing account in a Florida
  102  banking institution.
  103         (c) Include a copy of the provisions of subsection (3).
  105  After Subsequent to providing such notice, if the landlord
  106  changes the manner or location in which he or she is holding the
  107  advance rent or security deposit, he or she shall notify the
  108  tenant within 30 days after of the change according to the
  109  provisions of paragraphs (a)-(d) herein set forth. The landlord
  110  is not required to give a new notice or an additional notice
  111  solely because the depository has merged with another financial
  112  institution, changed its name, or transferred ownership to a
  113  different financial institution. This subsection does not apply
  114  to any landlord who rents fewer than five individual dwelling
  115  units. Failure to provide this notice is shall not be a defense
  116  to the payment of rent when due. The written notice must:
  117         (a) Be given in person or by mail to the tenant;
  118         (b) State the name and address of the depository where the
  119  advance rent or security deposit is being held, or state that
  120  the landlord has posted a surety bond as provided by law;
  121         (c) State whether the tenant is entitled to interest on the
  122  deposit; and
  123         (d) Include the following disclosure:
  125         Your lease requires payment of certain deposits. The
  126         landlord may transfer, without any notice to you,
  127         advance rent from your deposit to the landlord’s
  128         account as rent is due. When you move out, you must
  129         give the landlord your new address so that the
  130         landlord can send you notices regarding your deposit.
  131         The landlord must mail you notice, within 30 days
  132         after you move out, of the landlord’s intent to impose
  133         a claim against the deposit. If you do not reply to
  134         the landlord stating your objection to the claim
  135         within 15 days after receipt of the landlord’s notice,
  136         the landlord will collect the claim and must mail you
  137         the remaining deposit, if any. If you timely object,
  138         the landlord must hold the deposit, and either you or
  139         the landlord will have to file a lawsuit so that the
  140         court can resolve the dispute.
  142         If the landlord fails to timely mail you notice, the
  143         landlord must return the deposit but may later file a
  144         lawsuit against you for damages. If you fail to timely
  145         object to a claim, the landlord may collect from the
  146         deposit, but you may later file a lawsuit claiming a
  147         refund.
  149         You should attempt to informally resolve any dispute
  150         before filing a lawsuit. Generally, the party in whose
  151         favor a judgment has been rendered will be awarded
  152         costs and attorney fees payable by the losing party.
  154         This disclosure is basic. Please refer to part II of
  155         chapter 83, Florida Statutes, to determine your legal
  156         rights and obligations.
  158         (3) The landlord or the landlord’s agent may disburse,
  159  without notice to the tenant, advance rent from the deposit
  160  account to the landlord’s benefit when the advance rental period
  161  begins. For all other deposits:
  162         (a) Upon the vacating of the premises for termination of
  163  the lease, if the landlord does not intend to impose a claim on
  164  the security deposit, the landlord has shall have 15 days to
  165  return the security deposit together with interest if otherwise
  166  required, or the landlord has shall have 30 days to give the
  167  tenant written notice by certified mail to the tenant’s last
  168  known mailing address of the landlord’s his or her intention to
  169  impose a claim on the deposit and the reason for imposing the
  170  claim. The notice must shall contain a statement in
  171  substantially the following form:
  173         This is a notice of my intention to impose a claim for
  174  damages in the amount of .... upon your security deposit, due to
  175  .....It is sent to you as required by s. 83.49(3), Florida
  176  Statutes. You are hereby notified that you must object in
  177  writing to this deduction from your security deposit within 15
  178  days after from the time you receive this notice or I will be
  179  authorized to deduct my claim from your security deposit. Your
  180  objection must be sent to ..........(landlord’s address).....
  182  If the landlord fails to give the required notice within the 30
  183  day period, he or she forfeits the right to impose a claim upon
  184  the security deposit and may not seek a setoff against the
  185  deposit but may file an action for damages after return of the
  186  deposit.
  187         (b) Unless the tenant objects to the imposition of the
  188  landlord’s claim or the amount thereof within 15 days after
  189  receipt of the landlord’s notice of intention to impose a claim,
  190  the landlord may then deduct the amount of the his or her claim
  191  and shall remit the balance of the deposit to the tenant within
  192  30 days after the date of the notice of intention to impose a
  193  claim for damages. The failure of the tenant to make a timely
  194  objection does not waive any right of the tenant to seek damages
  195  in a separate action.
  196         (c) If either party institutes an action in a court of
  197  competent jurisdiction to adjudicate the party’s right to the
  198  security deposit, the prevailing party is entitled to receive
  199  his or her court costs plus a reasonable fee for his or her
  200  attorney. The court shall advance the cause on the calendar.
  201         (d) Compliance with this section by an individual or
  202  business entity authorized to conduct business in this state,
  203  including Florida-licensed real estate brokers and sales
  204  associates, constitutes shall constitute compliance with all
  205  other relevant Florida Statutes pertaining to security deposits
  206  held pursuant to a rental agreement or other landlord-tenant
  207  relationship. Enforcement personnel shall look solely to this
  208  section to determine compliance. This section prevails over any
  209  conflicting provisions in chapter 475 and in other sections of
  210  the Florida Statutes, and must shall operate to permit licensed
  211  real estate brokers to disburse security deposits and deposit
  212  money without having to comply with the notice and settlement
  213  procedures contained in s. 475.25(1)(d).
  214         (7) Upon the sale or transfer of title of the rental
  215  property from one owner to another, or upon a change in the
  216  designated rental agent, any and all security deposits or
  217  advance rents being held for the benefit of the tenants shall be
  218  transferred to the new owner or agent, together with any earned
  219  interest and with an accurate accounting showing the amounts to
  220  be credited to each tenant account. Upon the transfer of such
  221  funds and records to the new owner or agent as stated herein,
  222  and upon transmittal of a written receipt therefor, the
  223  transferor is shall be free from the obligation imposed in
  224  subsection (1) to hold such moneys on behalf of the tenant.
  225  There is a rebuttable presumption that any new owner or agent
  226  received the security deposits from the previous owner or agent;
  227  however, the limit of this presumption is 1 month’s rent. This
  228  subsection does not However, nothing herein shall excuse the
  229  landlord or agent for a violation of other the provisions of
  230  this section while in possession of such deposits.
  231         Section 4. The Legislature recognizes that landlords may
  232  have stocks of preprinted lease forms that contain disclosures
  233  compliant with current law. Accordingly, changes made by this
  234  act to the disclosure required of a landlord in amendments to s.
  235  83.49, Florida Statutes, are conditional for leases entered into
  236  between July 1, 2013, and December 31, 2013. During this period,
  237  the landlord may elect to give notice required by s. 83.49,
  238  Florida Statutes, as the section is before the changes made by
  239  this act, or to give notice required under this act. The notice
  240  required under this act applies to all leases entered into on or
  241  after January 1, 2014.
  242         Section 5. Section 83.50, Florida Statutes, is amended to
  243  read:
  244         83.50 Disclosure of landlord’s address.—
  245         (1)In addition to other disclosures required by law, the
  246  landlord, or a person authorized to enter into a rental
  247  agreement on the landlord’s behalf, shall disclose in writing to
  248  the tenant, at or before the commencement of the tenancy, the
  249  name and address of the landlord or a person authorized to
  250  receive notices and demands on in the landlord’s behalf. The
  251  person so authorized to receive notices and demands retains
  252  authority until the tenant is notified otherwise. All notices of
  253  such names and addresses or changes thereto shall be delivered
  254  to the tenant’s residence or, if specified in writing by the
  255  tenant, to any other address.
  256         (2) The landlord or the landlord’s authorized
  257  representative, upon completion of construction of a building
  258  exceeding three stories in height and containing dwelling units,
  259  shall disclose to the tenants initially moving into the building
  260  the availability or lack of availability of fire protection.
  261         Section 6. Subsection (1) and paragraph (a) of subsection
  262  (2) of section 83.51, Florida Statutes, are amended to read:
  263         83.51 Landlord’s obligation to maintain premises.—
  264         (1) The landlord at all times during the tenancy shall:
  265         (a) Comply with the requirements of applicable building,
  266  housing, and health codes; or
  267         (b) If Where there are no applicable building, housing, or
  268  health codes, maintain the roofs, windows, screens, doors,
  269  floors, steps, porches, exterior walls, foundations, and all
  270  other structural components in good repair and capable of
  271  resisting normal forces and loads and the plumbing in reasonable
  272  working condition. However,
  274  The landlord is shall not be required to maintain a mobile home
  275  or other structure owned by the tenant. The landlord’s
  276  obligations under this subsection may be altered or modified in
  277  writing with respect to a single-family home or duplex.
  278         (2)(a) Unless otherwise agreed in writing, in addition to
  279  the requirements of subsection (1), the landlord of a dwelling
  280  unit other than a single-family home or duplex shall, at all
  281  times during the tenancy, make reasonable provisions for:
  282         1. The extermination of rats, mice, roaches, ants, wood
  283  destroying organisms, and bedbugs. When vacation of the premises
  284  is required for such extermination, the landlord is shall not be
  285  liable for damages but shall abate the rent. The tenant must
  286  shall be required to temporarily vacate the premises for a
  287  period of time not to exceed 4 days, on 7 days’ written notice,
  288  if necessary, for extermination pursuant to this subparagraph.
  289         2. Locks and keys.
  290         3. The clean and safe condition of common areas.
  291         4. Garbage removal and outside receptacles therefor.
  292         5. Functioning facilities for heat during winter, running
  293  water, and hot water.
  294         Section 7. Subsections (2) through (5) of section 83.56,
  295  Florida Statutes, are amended to read:
  296         83.56 Termination of rental agreement.—
  297         (2) If the tenant materially fails to comply with s. 83.52
  298  or material provisions of the rental agreement, other than a
  299  failure to pay rent, or reasonable rules or regulations, the
  300  landlord may:
  301         (a) If such noncompliance is of a nature that the tenant
  302  should not be given an opportunity to cure it or if the
  303  noncompliance constitutes a subsequent or continuing
  304  noncompliance within 12 months of a written warning by the
  305  landlord of a similar violation, deliver a written notice to the
  306  tenant specifying the noncompliance and the landlord’s intent to
  307  terminate the rental agreement by reason thereof. Examples of
  308  noncompliance which are of a nature that the tenant should not
  309  be given an opportunity to cure include, but are not limited to,
  310  destruction, damage, or misuse of the landlord’s or other
  311  tenants’ property by intentional act or a subsequent or
  312  continued unreasonable disturbance. In such event, the landlord
  313  may terminate the rental agreement, and the tenant has shall
  314  have 7 days after from the date that the notice is delivered to
  315  vacate the premises. The notice must shall be adequate if it is
  316  in substantially the following form:
  318         You are advised that your lease is terminated effective
  319  immediately. You shall have 7 days from the delivery of this
  320  letter to vacate the premises. This action is taken because
  321  .......... (cite the noncompliance).....
  323         (b) If such noncompliance is of a nature that the tenant
  324  should be given an opportunity to cure it, deliver a written
  325  notice to the tenant specifying the noncompliance, including a
  326  notice that, if the noncompliance is not corrected within 7 days
  327  after from the date the written notice is delivered, the
  328  landlord may shall terminate the rental agreement by reason
  329  thereof. Examples of such noncompliance include, but are not
  330  limited to, activities in contravention of the lease or this
  331  part act such as having or permitting unauthorized pets, guests,
  332  or vehicles; parking in an unauthorized manner or permitting
  333  such parking; or failing to keep the premises clean and
  334  sanitary. The notice must shall be adequate if it is in
  335  substantially the following form:
  337         You are hereby notified that ..........(cite the
  338  noncompliance)..... Demand is hereby made that you remedy the
  339  noncompliance within 7 days after of receipt of this notice or
  340  your lease is shall be deemed terminated and you shall vacate
  341  the premises upon such termination. If this same conduct or
  342  conduct of a similar nature is repeated within 12 months, your
  343  tenancy is subject to termination without further warning and
  344  without your being given an opportunity to cure the
  345  noncompliance.
  347  If the noncompliance recurs within 12 months after the notice is
  348  delivered pursuant to this paragraph, an eviction action may
  349  commence without the necessity of delivering a subsequent
  350  notice.
  351         (3) If the tenant fails to pay rent when due and the
  352  default continues for 3 days, excluding Saturday, Sunday, and
  353  legal holidays, after delivery of written demand by the landlord
  354  for payment of the rent or possession of the premises, the
  355  landlord may terminate the rental agreement. Legal holidays for
  356  the purpose of this section shall be court-observed holidays
  357  only. The 3-day notice must shall contain a statement in
  358  substantially the following form:
  360         You are hereby notified that you are indebted to me in the
  361  sum of .... dollars for the rent and use of the premises
  362  .......... (address of leased premises, including county),
  363  Florida, now occupied by you and that I demand payment of the
  364  rent or possession of the premises within 3 days (excluding
  365  Saturday, Sunday, and legal holidays) from the date of delivery
  366  of this notice, to wit: on or before the day of
  367  ....,......(year).(landlord’s name, address and phone
  368  number)....
  370         (4) The delivery of the written notices required by
  371  subsections (1), (2), and (3) shall be by mailing or delivery of
  372  a true copy thereof or, if the tenant is absent from the
  373  premises, by leaving a copy thereof at the residence. The notice
  374  requirements of subsections (1), (2), and (3) may not be waived
  375  in the lease.
  376         (5)(a) If the landlord accepts rent with actual knowledge
  377  of a noncompliance by the tenant or accepts performance by the
  378  tenant of any other provision of the rental agreement that is at
  379  variance with its provisions, or if the tenant pays rent with
  380  actual knowledge of a noncompliance by the landlord or accepts
  381  performance by the landlord of any other provision of the rental
  382  agreement that is at variance with its provisions, the landlord
  383  or tenant waives his or her right to terminate the rental
  384  agreement or to bring a civil action for that noncompliance, but
  385  not for any subsequent or continuing noncompliance. However, a
  386  landlord does not waive the right to terminate the rental
  387  agreement or to bring a civil action for that noncompliance by
  388  accepting only partial rent for the rental period.
  389         (b)A Any tenant who wishes to defend against an action by
  390  the landlord for possession of the unit for noncompliance of the
  391  rental agreement or of relevant statutes must shall comply with
  392  the provisions in s. 83.60(2). The court may not set a date for
  393  mediation or trial unless the provisions of s. 83.60(2) have
  394  been met, but must shall enter a default judgment for removal of
  395  the tenant with a writ of possession to issue immediately if the
  396  tenant fails to comply with s. 83.60(2).
  397         (c) This subsection does not apply to that portion of rent
  398  subsidies received from a local, state, or national government
  399  or an agency of local, state, or national government; however,
  400  waiver will occur if an action has not been instituted within 45
  401  days after the landlord obtains actual knowledge of the
  402  noncompliance.
  403         Section 8. Subsection (1) of section 83.575, Florida
  404  Statutes, is amended to read:
  405         83.575 Termination of tenancy with specific duration.—
  406         (1) A rental agreement with a specific duration may contain
  407  a provision requiring the tenant to notify the landlord within a
  408  specified period before vacating the premises at the end of the
  409  rental agreement if the provision also requires the landlord to
  410  notify the tenant within the same specified period before
  411  terminating the rental agreement at the end of the agreement;
  412  however, a rental agreement may not require more than 60 days’
  413  notice from the tenant or the landlord before vacating the
  414  premises.
  415         Section 9. Section 83.58, Florida Statutes, is amended to
  416  read:
  417         83.58 Remedies; tenant holding over.—If the tenant holds
  418  over and continues in possession of the dwelling unit or any
  419  part thereof after the expiration of the rental agreement
  420  without the permission of the landlord, the landlord may recover
  421  possession of the dwelling unit in the manner provided for in s.
  422  83.59 [F.S. 1973]. The landlord may also recover double the
  423  amount of rent due on the dwelling unit, or any part thereof,
  424  for the period during which the tenant refuses to surrender
  425  possession.
  426         Section 10. Subsection (2) of section 83.59, Florida
  427  Statutes, is amended to read:
  428         83.59 Right of action for possession.—
  429         (2) A landlord, the landlord’s attorney, or the landlord’s
  430  agent, applying for the removal of a tenant, shall file in the
  431  county court of the county where the premises are situated a
  432  complaint describing the dwelling unit and stating the facts
  433  that authorize its recovery. A landlord’s agent is not permitted
  434  to take any action other than the initial filing of the
  435  complaint, unless the landlord’s agent is an attorney. The
  436  landlord is entitled to the summary procedure provided in s.
  437  51.011 [F.S. 1971], and the court shall advance the cause on the
  438  calendar.
  439         Section 11. Section 83.60, Florida Statutes, is amended to
  440  read:
  441         83.60 Defenses to action for rent or possession;
  442  procedure.—
  443         (1)(a) In an action by the landlord for possession of a
  444  dwelling unit based upon nonpayment of rent or in an action by
  445  the landlord under s. 83.55 seeking to recover unpaid rent, the
  446  tenant may defend upon the ground of a material noncompliance
  447  with s. 83.51(1) [F.S. 1973], or may raise any other defense,
  448  whether legal or equitable, that he or she may have, including
  449  the defense of retaliatory conduct in accordance with s. 83.64.
  450  The landlord must be given an opportunity to cure a deficiency
  451  in a notice or in the pleadings before dismissal of the action.
  452         (b) The defense of a material noncompliance with s.
  453  83.51(1) [F.S. 1973] may be raised by the tenant if 7 days have
  454  elapsed after the delivery of written notice by the tenant to
  455  the landlord, specifying the noncompliance and indicating the
  456  intention of the tenant not to pay rent by reason thereof. Such
  457  notice by the tenant may be given to the landlord, the
  458  landlord’s representative as designated pursuant to s. 83.50 s.
  459  83.50(1), a resident manager, or the person or entity who
  460  collects the rent on behalf of the landlord. A material
  461  noncompliance with s. 83.51(1) [F.S. 1973] by the landlord is a
  462  complete defense to an action for possession based upon
  463  nonpayment of rent, and, upon hearing, the court or the jury, as
  464  the case may be, shall determine the amount, if any, by which
  465  the rent is to be reduced to reflect the diminution in value of
  466  the dwelling unit during the period of noncompliance with s.
  467  83.51(1) [F.S. 1973]. After consideration of all other relevant
  468  issues, the court shall enter appropriate judgment.
  469         (2) In an action by the landlord for possession of a
  470  dwelling unit, if the tenant interposes any defense other than
  471  payment, including, but not limited to, the defense of a
  472  defective 3-day notice, the tenant shall pay into the registry
  473  of the court the accrued rent as alleged in the complaint or as
  474  determined by the court and the rent that which accrues during
  475  the pendency of the proceeding, when due. The clerk shall notify
  476  the tenant of such requirement in the summons. Failure of the
  477  tenant to pay the rent into the registry of the court or to file
  478  a motion to determine the amount of rent to be paid into the
  479  registry within 5 days, excluding Saturdays, Sundays, and legal
  480  holidays, after the date of service of process constitutes an
  481  absolute waiver of the tenant’s defenses other than payment, and
  482  the landlord is entitled to an immediate default judgment for
  483  removal of the tenant with a writ of possession to issue without
  484  further notice or hearing thereon. If In the event a motion to
  485  determine rent is filed, documentation in support of the
  486  allegation that the rent as alleged in the complaint is in error
  487  is required. Public housing tenants or tenants receiving rent
  488  subsidies shall be required to deposit only that portion of the
  489  full rent for which they are the tenant is responsible pursuant
  490  to the federal, state, or local program in which they are
  491  participating.
  492         Section 12. Subsection (1) of section 83.62, Florida
  493  Statutes, is amended to read:
  494         83.62 Restoration of possession to landlord.—
  495         (1) In an action for possession, after entry of judgment in
  496  favor of the landlord, the clerk shall issue a writ to the
  497  sheriff describing the premises and commanding the sheriff to
  498  put the landlord in possession after 24 hours’ notice
  499  conspicuously posted on the premises. Weekends and legal
  500  holidays do not stay the 24-hour notice period.
  501         Section 13. Section 83.63, Florida Statutes, is amended to
  502  read:
  503         83.63 Casualty damage.—If the premises are damaged or
  504  destroyed other than by the wrongful or negligent acts of the
  505  tenant so that the enjoyment of the premises is substantially
  506  impaired, the tenant may terminate the rental agreement and
  507  immediately vacate the premises. The tenant may vacate the part
  508  of the premises rendered unusable by the casualty, in which case
  509  the tenant’s liability for rent shall be reduced by the fair
  510  rental value of that part of the premises damaged or destroyed.
  511  If the rental agreement is terminated, the landlord shall comply
  512  with s. 83.49(3) [F.S. 1973].
  513         Section 14. Subsection (1) of section 83.64, Florida
  514  Statutes, is amended to read:
  515         83.64 Retaliatory conduct.—
  516         (1) It is unlawful for A landlord may not to
  517  discriminatorily increase a tenant’s rent, or decrease services
  518  to a tenant, or to bring or threaten to bring an action for
  519  possession or other civil action, primarily because the landlord
  520  is retaliating against the tenant. In order for the tenant to
  521  raise the defense of retaliatory conduct, the tenant must have
  522  acted in good faith. Examples of conduct for which the landlord
  523  may not retaliate include, but are not limited to, situations in
  524  which where:
  525         (a) The tenant has complained to a governmental agency
  526  charged with responsibility for enforcement of a building,
  527  housing, or health code of a suspected violation applicable to
  528  the premises;
  529         (b) The tenant has organized, encouraged, or participated
  530  in a tenants’ organization;
  531         (c) The tenant has complained to the landlord pursuant to
  532  s. 83.56(1); or
  533         (d) The tenant is a servicemember who has terminated a
  534  rental agreement pursuant to s. 83.682;
  535         (e) The tenant has paid rent to a condominium, cooperative,
  536  or homeowners’ association after demand from the association in
  537  order to pay the landlord’s obligation to the association; or
  538         (f) The tenant has exercised his or her rights under local,
  539  state, or federal fair housing laws.
  540         Section 15. Subsection (1) of section 723.063, Florida
  541  Statutes, is amended to read:
  542         723.063 Defenses to action for rent or possession;
  543  procedure.—
  544         (1)(a) In any action based upon nonpayment of rent or
  545  seeking to recover unpaid rent, or a portion thereof, the mobile
  546  home owner may defend upon the ground of a material
  547  noncompliance with any portion of this chapter or may raise any
  548  other defense, whether legal or equitable, which he or she may
  549  have. The park owner must be given an opportunity to cure a
  550  deficiency in a notice or in the pleadings before dismissal of
  551  the action.
  552         (b) The defense of material noncompliance may be raised by
  553  the mobile home owner only if 7 days have elapsed after he or
  554  she has notified the park owner in writing of his or her
  555  intention not to pay rent, or a portion thereof, based upon the
  556  park owner’s noncompliance with portions of this chapter,
  557  specifying in reasonable detail the provisions in default. A
  558  material noncompliance with this chapter by the park owner is a
  559  complete defense to an action for possession based upon
  560  nonpayment of rent, or a portion thereof, and, upon hearing, the
  561  court or the jury, as the case may be, shall determine the
  562  amount, if any, by which the rent is to be reduced to reflect
  563  the diminution in value of the lot during the period of
  564  noncompliance with any portion of this chapter. After
  565  consideration of all other relevant issues, the court shall
  566  enter appropriate judgment.
  567         Section 16. This act shall take effect July 1, 2013.