Florida Senate - 2013                       CS for CS for SB 490
       
       
       
       By the Committees on Regulated Industries; and Judiciary; and
       Senator Stargel
       
       
       
       580-04038A-13                                          2013490c2
    1                        A bill to be entitled                      
    2         An act relating to landlords and tenants; amending s.
    3         83.42, F.S.; revising exclusions from applicability of
    4         the Florida Residential Landlord and Tenant Act;
    5         amending s. 83.48, F.S.; providing that the right to
    6         attorney fees may not be waived in a lease agreement;
    7         providing that attorney fees may not be awarded in a
    8         claim for personal injury damages based on a breach of
    9         duty of premises maintenance; amending s. 83.49, F.S.;
   10         revising and providing landlord disclosure
   11         requirements with respect to security deposits and
   12         advance rent; providing requirements for the
   13         disbursement of advance rents; providing a limited
   14         rebuttable presumption of receipt of security
   15         deposits; providing for applicability of changes made
   16         by the act to certain disclosure requirements;
   17         amending s. 83.50, F.S.; removing certain landlord
   18         disclosure requirements relating to fire protection;
   19         amending s. 83.51, F.S.; revising a landlord’s
   20         obligation to maintain a premises with respect to
   21         screens; amending s. 83.54, F.S.; providing that
   22         enforcement of a right or duty under the Florida
   23         Residential Landlord and Tenant Act by civil action
   24         does not preclude prosecution of a criminal offense;
   25         amending s. 83.56, F.S.; revising procedures for the
   26         termination of a rental agreement by a landlord;
   27         revising notice procedures; providing that a landlord
   28         does not waive the right to terminate the rental
   29         agreement or to bring a civil action for noncompliance
   30         by accepting partial rent, subject to certain notice;
   31         providing that the period to institute an action
   32         before an exemption involving rent subsidies is waived
   33         begins upon actual knowledge; amending s. 83.575,
   34         F.S.; revising requirements for the termination of a
   35         tenancy having a specific duration to provide for
   36         reciprocal notice provisions in rental agreements;
   37         amending ss. 83.58 and 83.59, F.S.; conforming cross
   38         references; amending s. 83.60, F.S.; providing that a
   39         landlord must be given an opportunity to cure a
   40         deficiency in any notice or pleadings before dismissal
   41         of an eviction action; making technical changes;
   42         amending s. 83.62, F.S.; revising procedures for the
   43         restoration of possession to a landlord to provide
   44         that weekends and holidays do not stay the applicable
   45         notice period; amending s. 83.63, F.S.; conforming a
   46         cross-reference; amending s. 83.64, F.S.; providing
   47         examples of conduct for which the landlord may not
   48         retaliate; providing an effective date.
   49  
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Subsection (2) of section 83.42, Florida
   53  Statutes, is amended to read:
   54         83.42 Exclusions from application of part.—This part does
   55  not apply to:
   56         (2) Occupancy under a contract of sale of a dwelling unit
   57  or the property of which it is a part in which the buyer has
   58  paid at least 12 months’ rent or in which the buyer has paid at
   59  least 1 month’s rent and a deposit of at least 5 percent of the
   60  purchase price of the property.
   61         Section 2. Section 83.48, Florida Statutes, is amended to
   62  read:
   63         83.48 Attorney Attorney’s fees.—In any civil action brought
   64  to enforce the provisions of the rental agreement or this part,
   65  the party in whose favor a judgment or decree has been rendered
   66  may recover reasonable attorney fees and court costs, including
   67  attorney’s fees, from the nonprevailing party. The right to
   68  attorney fees in this section may not be waived in a lease
   69  agreement. However, attorney fees may not be awarded under this
   70  section in a claim for personal injury damages based on a breach
   71  of duty under s. 83.51.
   72         Section 3. Subsections (2), (3), and (7) of section 83.49,
   73  Florida Statutes, are amended to read:
   74         83.49 Deposit money or advance rent; duty of landlord and
   75  tenant.—
   76         (2) The landlord shall, in the lease agreement or within 30
   77  days after of receipt of advance rent or a security deposit,
   78  give written notice to notify the tenant which includes
   79  disclosure of in writing of the manner in which the landlord is
   80  holding the advance rent or security deposit and the rate of
   81  interest, if any, which the tenant is to receive and the time of
   82  interest payments to the tenant. Such written notice shall:
   83         (a) Be given in person or by mail to the tenant.
   84         (b) State the name and address of the depository where the
   85  advance rent or security deposit is being held, whether the
   86  advance rent or security deposit is being held in a separate
   87  account for the benefit of the tenant or is commingled with
   88  other funds of the landlord, and, if commingled, whether such
   89  funds are deposited in an interest-bearing account in a Florida
   90  banking institution.
   91         (c) Include a copy of the provisions of subsection (3).
   92  Subsequent to providing such written notice, if the landlord
   93  changes the manner or location in which he or she is holding the
   94  advance rent or security deposit, he or she must shall notify
   95  the tenant within 30 days after of the change as provided in
   96  paragraphs (a)-(d). The landlord is not required to give new or
   97  additional notice solely because the depository has merged with
   98  another financial institution, changed its name, or transferred
   99  ownership to a different financial institution according to the
  100  provisions herein set forth. This subsection does not apply to
  101  any landlord who rents fewer than five individual dwelling
  102  units. Failure to give provide this notice is shall not be a
  103  defense to the payment of rent when due. The written notice
  104  must:
  105         (a) Be given in person or by mail to the tenant.
  106         (b) State the name and address of the depository where the
  107  advance rent or security deposit is being held or state that the
  108  landlord has posted a surety bond as provided by law.
  109         (c) State whether the tenant is entitled to interest on the
  110  deposit.
  111         (d) Contain the following disclosure:
  112  
  113         YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
  114         LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S
  115         ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU
  116         MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS
  117         SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING
  118         YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE,
  119         WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S
  120         INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU
  121         DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO
  122         THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE
  123         LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM
  124         AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.
  125  
  126         IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE
  127         LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A
  128         LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY
  129         OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE
  130         DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A
  131         REFUND.
  132  
  133         YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
  134         BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
  135         FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND
  136         ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
  137  
  138         THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF
  139         CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL
  140         RIGHTS AND OBLIGATIONS.
  141  
  142         (3) The landlord or the landlord’s agent may disburse
  143  advance rents from the deposit account to the landlord’s benefit
  144  when the advance rental period commences and without notice to
  145  the tenant. For all other deposits:
  146         (a) Upon the vacating of the premises for termination of
  147  the lease, if the landlord does not intend to impose a claim on
  148  the security deposit, the landlord shall have 15 days to return
  149  the security deposit together with interest if otherwise
  150  required, or the landlord shall have 30 days to give the tenant
  151  written notice by certified mail to the tenant’s last known
  152  mailing address of his or her intention to impose a claim on the
  153  deposit and the reason for imposing the claim. The notice shall
  154  contain a statement in substantially the following form:
  155  
  156         This is a notice of my intention to impose a claim for
  157  damages in the amount of .... upon your security deposit, due to
  158  ..... It is sent to you as required by s. 83.49(3), Florida
  159  Statutes. You are hereby notified that you must object in
  160  writing to this deduction from your security deposit within 15
  161  days from the time you receive this notice or I will be
  162  authorized to deduct my claim from your security deposit. Your
  163  objection must be sent to ... (landlord’s address)....
  164  
  165  If the landlord fails to give the required notice within the 30
  166  day period, he or she forfeits the right to impose a claim upon
  167  the security deposit and may not seek a setoff against the
  168  deposit but may file an action for damages after return of the
  169  deposit.
  170         (b) Unless the tenant objects to the imposition of the
  171  landlord’s claim or the amount thereof within 15 days after
  172  receipt of the landlord’s notice of intention to impose a claim,
  173  the landlord may then deduct the amount of his or her claim and
  174  shall remit the balance of the deposit to the tenant within 30
  175  days after the date of the notice of intention to impose a claim
  176  for damages. The failure of the tenant to make a timely
  177  objection does not waive any rights of the tenant to seek
  178  damages in a separate action.
  179         (c) If either party institutes an action in a court of
  180  competent jurisdiction to adjudicate the party’s right to the
  181  security deposit, the prevailing party is entitled to receive
  182  his or her court costs plus a reasonable fee for his or her
  183  attorney. The court shall advance the cause on the calendar.
  184         (d) Compliance with this section by an individual or
  185  business entity authorized to conduct business in this state,
  186  including Florida-licensed real estate brokers and sales
  187  associates, constitutes shall constitute compliance with all
  188  other relevant Florida Statutes pertaining to security deposits
  189  held pursuant to a rental agreement or other landlord-tenant
  190  relationship. Enforcement personnel shall look solely to this
  191  section to determine compliance. This section prevails over any
  192  conflicting provisions in chapter 475 and in other sections of
  193  the Florida Statutes, and shall operate to permit licensed real
  194  estate brokers to disburse security deposits and deposit money
  195  without having to comply with the notice and settlement
  196  procedures contained in s. 475.25(1)(d).
  197         (7) Upon the sale or transfer of title of the rental
  198  property from one owner to another, or upon a change in the
  199  designated rental agent, any and all security deposits or
  200  advance rents being held for the benefit of the tenants shall be
  201  transferred to the new owner or agent, together with any earned
  202  interest and with an accurate accounting showing the amounts to
  203  be credited to each tenant account. Upon the transfer of such
  204  funds and records to the new owner or agent as stated herein,
  205  and upon transmittal of a written receipt therefor, the
  206  transferor is shall be free from the obligation imposed in
  207  subsection (1) to hold such moneys on behalf of the tenant.
  208  There is a rebuttable presumption that any new owner or agent
  209  received the security deposit from the previous owner or agent;
  210  however, this presumption is limited to 1 month’s rent. This
  211  subsection does not However, nothing herein shall excuse the
  212  landlord or agent for a violation of other the provisions of
  213  this section while in possession of such deposits.
  214         Section 4. The Legislature recognizes that landlords may
  215  have stocks of preprinted lease forms that comply with the
  216  notice requirements of current law. Accordingly, for leases
  217  entered into on or before December 31, 2013, a landlord may give
  218  notice that contains the disclosure required in the changes made
  219  by this act to s. 83.49, Florida Statutes, or the former notice
  220  required in s. 83.49, Florida Statutes 2012. In any event, the
  221  disclosure required by this act is only required for all leases
  222  entered into under this part on or after January 1, 2014.
  223         Section 5. Section 83.50, Florida Statutes, is amended to
  224  read:
  225         83.50 Disclosure of landlord’s address.—
  226         (1)In addition to any other disclosure required by law,
  227  the landlord, or a person authorized to enter into a rental
  228  agreement on the landlord’s behalf, shall disclose in writing to
  229  the tenant, at or before the commencement of the tenancy, the
  230  name and address of the landlord or a person authorized to
  231  receive notices and demands in the landlord’s behalf. The person
  232  so authorized to receive notices and demands retains authority
  233  until the tenant is notified otherwise. All notices of such
  234  names and addresses or changes thereto shall be delivered to the
  235  tenant’s residence or, if specified in writing by the tenant, to
  236  any other address.
  237         (2) The landlord or the landlord’s authorized
  238  representative, upon completion of construction of a building
  239  exceeding three stories in height and containing dwelling units,
  240  shall disclose to the tenants initially moving into the building
  241  the availability or lack of availability of fire protection.
  242         Section 6. Subsection (1) and paragraph (a) of subsection
  243  (2) of section 83.51, Florida Statutes, are amended to read:
  244         83.51 Landlord’s obligation to maintain premises.—
  245         (1) The landlord at all times during the tenancy shall:
  246         (a) Comply with the requirements of applicable building,
  247  housing, and health codes; or
  248         (b) Where there are no applicable building, housing, or
  249  health codes, maintain the roofs, windows, screens, doors,
  250  floors, steps, porches, exterior walls, foundations, and all
  251  other structural components in good repair and capable of
  252  resisting normal forces and loads and the plumbing in reasonable
  253  working condition. The landlord, at commencement of the tenancy,
  254  must ensure that screens are installed in a reasonable
  255  condition. Thereafter, the landlord must repair damage to
  256  screens once annually, when necessary, until termination of the
  257  rental agreement. However,
  258  
  259  The landlord is shall not be required to maintain a mobile home
  260  or other structure owned by the tenant. The landlord’s
  261  obligations under this subsection may be altered or modified in
  262  writing with respect to a single-family home or duplex.
  263         (2)(a) Unless otherwise agreed in writing, in addition to
  264  the requirements of subsection (1), the landlord of a dwelling
  265  unit other than a single-family home or duplex shall, at all
  266  times during the tenancy, make reasonable provisions for:
  267         1. The extermination of rats, mice, roaches, ants, wood
  268  destroying organisms, and bedbugs. When vacation of the premises
  269  is required for such extermination, the landlord is shall not be
  270  liable for damages but shall abate the rent. The tenant must
  271  shall be required to temporarily vacate the premises for a
  272  period of time not to exceed 4 days, on 7 days’ written notice,
  273  if necessary, for extermination pursuant to this subparagraph.
  274         2. Locks and keys.
  275         3. The clean and safe condition of common areas.
  276         4. Garbage removal and outside receptacles therefor.
  277         5. Functioning facilities for heat during winter, running
  278  water, and hot water.
  279         Section 7. Section 83.54, Florida Statutes, is amended to
  280  read:
  281         83.54 Enforcement of rights and duties; civil action;
  282  criminal offenses.—Any right or duty declared in this part is
  283  enforceable by civil action. A right or duty enforced by civil
  284  action under this section does not preclude prosecution for a
  285  criminal offense related to the lease or leased property.
  286         Section 8. Subsections (2) through (5) of section 83.56,
  287  Florida Statutes, are amended to read:
  288         83.56 Termination of rental agreement.—
  289         (2) If the tenant materially fails to comply with s. 83.52
  290  or material provisions of the rental agreement, other than a
  291  failure to pay rent, or reasonable rules or regulations, the
  292  landlord may:
  293         (a) If such noncompliance is of a nature that the tenant
  294  should not be given an opportunity to cure it or if the
  295  noncompliance constitutes a subsequent or continuing
  296  noncompliance within 12 months of a written warning by the
  297  landlord of a similar violation, deliver a written notice to the
  298  tenant specifying the noncompliance and the landlord’s intent to
  299  terminate the rental agreement by reason thereof. Examples of
  300  noncompliance which are of a nature that the tenant should not
  301  be given an opportunity to cure include, but are not limited to,
  302  destruction, damage, or misuse of the landlord’s or other
  303  tenants’ property by intentional act or a subsequent or
  304  continued unreasonable disturbance. In such event, the landlord
  305  may terminate the rental agreement, and the tenant shall have 7
  306  days from the date that the notice is delivered to vacate the
  307  premises. The notice shall be adequate if it is in substantially
  308  the following form:
  309  
  310         You are advised that your lease is terminated effective
  311  immediately. You shall have 7 days from the delivery of this
  312  letter to vacate the premises. This action is taken because
  313  ...(cite the noncompliance)....
  314  
  315         (b) If such noncompliance is of a nature that the tenant
  316  should be given an opportunity to cure it, deliver a written
  317  notice to the tenant specifying the noncompliance, including a
  318  notice that, if the noncompliance is not corrected within 7 days
  319  from the date that the written notice is delivered, the landlord
  320  shall terminate the rental agreement by reason thereof. Examples
  321  of such noncompliance include, but are not limited to,
  322  activities in contravention of the lease or this part act such
  323  as having or permitting unauthorized pets, guests, or vehicles;
  324  parking in an unauthorized manner or permitting such parking; or
  325  failing to keep the premises clean and sanitary. If such
  326  noncompliance recurs within 12 months after notice, an eviction
  327  action may commence without delivering a subsequent notice
  328  pursuant to paragraph (a) or this paragraph. The notice shall be
  329  adequate if it is in substantially the following form:
  330  
  331         You are hereby notified that ...(cite the
  332  noncompliance).... Demand is hereby made that you remedy the
  333  noncompliance within 7 days of receipt of this notice or your
  334  lease shall be deemed terminated and you shall vacate the
  335  premises upon such termination. If this same conduct or conduct
  336  of a similar nature is repeated within 12 months, your tenancy
  337  is subject to termination without further warning and without
  338  your being given an opportunity to cure the noncompliance.
  339  
  340         (3) If the tenant fails to pay rent when due and the
  341  default continues for 3 days, excluding Saturday, Sunday, and
  342  legal holidays, after delivery of written demand by the landlord
  343  for payment of the rent or possession of the premises, the
  344  landlord may terminate the rental agreement. Legal holidays for
  345  the purpose of this section shall be court-observed holidays
  346  only. The 3-day notice shall contain a statement in
  347  substantially the following form:
  348  
  349         You are hereby notified that you are indebted to me in the
  350  sum of .... dollars for the rent and use of the premises
  351  ...(address of leased premises, including county)..., Florida,
  352  now occupied by you and that I demand payment of the rent or
  353  possession of the premises within 3 days (excluding Saturday,
  354  Sunday, and legal holidays) from the date of delivery of this
  355  notice, to wit: on or before the .... day of ...., ...(year)....
  356  
  357  ...(landlord’s name, address and phone number)...
  358  
  359         (4) The delivery of the written notices required by
  360  subsections (1), (2), and (3) shall be by mailing or delivery of
  361  a true copy thereof or, if the tenant is absent from the
  362  premises, by leaving a copy thereof at the residence. The notice
  363  requirements of subsections (1), (2), and (3) may not be waived
  364  in the lease.
  365         (5)(a) If the landlord accepts rent with actual knowledge
  366  of a noncompliance by the tenant or accepts performance by the
  367  tenant of any other provision of the rental agreement that is at
  368  variance with its provisions, or if the tenant pays rent with
  369  actual knowledge of a noncompliance by the landlord or accepts
  370  performance by the landlord of any other provision of the rental
  371  agreement that is at variance with its provisions, the landlord
  372  or tenant waives his or her right to terminate the rental
  373  agreement or to bring a civil action for that noncompliance, but
  374  not for any subsequent or continuing noncompliance. However, a
  375  landlord does not waive the right to terminate the rental
  376  agreement or to bring a civil action for that noncompliance by
  377  accepting partial rent for the period.
  378         (b) Any tenant who wishes to defend against an action by
  379  the landlord for possession of the unit for noncompliance of the
  380  rental agreement or of relevant statutes must shall comply with
  381  the provisions in s. 83.60(2). The court may not set a date for
  382  mediation or trial unless the provisions of s. 83.60(2) have
  383  been met, but must shall enter a default judgment for removal of
  384  the tenant with a writ of possession to issue immediately if the
  385  tenant fails to comply with s. 83.60(2).
  386         (c) This subsection does not apply to that portion of rent
  387  subsidies received from a local, state, or national government
  388  or an agency of local, state, or national government; however,
  389  waiver will occur if an action has not been instituted within 45
  390  days after the landlord obtains actual knowledge of the
  391  noncompliance.
  392         Section 9. Subsection (1) of section 83.575, Florida
  393  Statutes, is amended to read:
  394         83.575 Termination of tenancy with specific duration.—
  395         (1) A rental agreement with a specific duration may contain
  396  a provision requiring the tenant to notify the landlord within a
  397  specified period before vacating the premises at the end of the
  398  rental agreement, if such provision requires the landlord to
  399  notify the tenant within such notice period if the rental
  400  agreement will not be renewed; however, a rental agreement may
  401  not require more than 60 days’ notice from either the tenant or
  402  the landlord before vacating the premises.
  403         Section 10. Section 83.58, Florida Statutes, is amended to
  404  read:
  405         83.58 Remedies; tenant holding over.—If the tenant holds
  406  over and continues in possession of the dwelling unit or any
  407  part thereof after the expiration of the rental agreement
  408  without the permission of the landlord, the landlord may recover
  409  possession of the dwelling unit in the manner provided for in s.
  410  83.59 [F.S. 1973]. The landlord may also recover double the
  411  amount of rent due on the dwelling unit, or any part thereof,
  412  for the period during which the tenant refuses to surrender
  413  possession.
  414         Section 11. Subsection (2) of section 83.59, Florida
  415  Statutes, is amended to read:
  416         83.59 Right of action for possession.—
  417         (2) A landlord, the landlord’s attorney, or the landlord’s
  418  agent, applying for the removal of a tenant, shall file in the
  419  county court of the county where the premises are situated a
  420  complaint describing the dwelling unit and stating the facts
  421  that authorize its recovery. A landlord’s agent is not permitted
  422  to take any action other than the initial filing of the
  423  complaint, unless the landlord’s agent is an attorney. The
  424  landlord is entitled to the summary procedure provided in s.
  425  51.011 [F.S. 1971], and the court shall advance the cause on the
  426  calendar.
  427         Section 12. Section 83.60, Florida Statutes, is amended to
  428  read:
  429         83.60 Defenses to action for rent or possession;
  430  procedure.—
  431         (1)(a) In an action by the landlord for possession of a
  432  dwelling unit based upon nonpayment of rent or in an action by
  433  the landlord under s. 83.55 seeking to recover unpaid rent, the
  434  tenant may defend upon the ground of a material noncompliance
  435  with s. 83.51(1) [F.S. 1973], or may raise any other defense,
  436  whether legal or equitable, that he or she may have, including
  437  the defense of retaliatory conduct in accordance with s. 83.64.
  438  The landlord must be given an opportunity to cure a deficiency
  439  in a notice or in the pleadings before dismissal of the action.
  440         (b) The defense of a material noncompliance with s.
  441  83.51(1) [F.S. 1973] may be raised by the tenant if 7 days have
  442  elapsed after the delivery of written notice by the tenant to
  443  the landlord, specifying the noncompliance and indicating the
  444  intention of the tenant not to pay rent by reason thereof. Such
  445  notice by the tenant may be given to the landlord, the
  446  landlord’s representative as designated pursuant to s. 83.50(1),
  447  a resident manager, or the person or entity who collects the
  448  rent on behalf of the landlord. A material noncompliance with s.
  449  83.51(1) [F.S. 1973] by the landlord is a complete defense to an
  450  action for possession based upon nonpayment of rent, and, upon
  451  hearing, the court or the jury, as the case may be, shall
  452  determine the amount, if any, by which the rent is to be reduced
  453  to reflect the diminution in value of the dwelling unit during
  454  the period of noncompliance with s. 83.51(1) [F.S. 1973]. After
  455  consideration of all other relevant issues, the court shall
  456  enter appropriate judgment.
  457         (2) In an action by the landlord for possession of a
  458  dwelling unit, if the tenant interposes any defense other than
  459  payment, including, but not limited to, the defense of a
  460  defective 3-day notice, the tenant shall pay into the registry
  461  of the court the accrued rent as alleged in the complaint or as
  462  determined by the court and the rent that which accrues during
  463  the pendency of the proceeding, when due. The clerk shall notify
  464  the tenant of such requirement in the summons. Failure of the
  465  tenant to pay the rent into the registry of the court or to file
  466  a motion to determine the amount of rent to be paid into the
  467  registry within 5 days, excluding Saturdays, Sundays, and legal
  468  holidays, after the date of service of process constitutes an
  469  absolute waiver of the tenant’s defenses other than payment, and
  470  the landlord is entitled to an immediate default judgment for
  471  removal of the tenant with a writ of possession to issue without
  472  further notice or hearing thereon. If In the event a motion to
  473  determine rent is filed, documentation in support of the
  474  allegation that the rent as alleged in the complaint is in error
  475  is required. Public housing tenants or tenants receiving rent
  476  subsidies are shall be required to deposit only that portion of
  477  the full rent for which they are the tenant is responsible
  478  pursuant to the federal, state, or local program in which they
  479  are participating.
  480         Section 13. Subsection (1) of section 83.62, Florida
  481  Statutes, is amended to read:
  482         83.62 Restoration of possession to landlord.—
  483         (1) In an action for possession, after entry of judgment in
  484  favor of the landlord, the clerk shall issue a writ to the
  485  sheriff describing the premises and commanding the sheriff to
  486  put the landlord in possession after 24 hours’ notice
  487  conspicuously posted on the premises. Saturdays, Sundays, and
  488  legal holidays do not stay the 24-hour notice period.
  489         Section 14. Section 83.63, Florida Statutes, is amended to
  490  read:
  491         83.63 Casualty damage.—If the premises are damaged or
  492  destroyed other than by the wrongful or negligent acts of the
  493  tenant so that the enjoyment of the premises is substantially
  494  impaired, the tenant may terminate the rental agreement and
  495  immediately vacate the premises. The tenant may vacate the part
  496  of the premises rendered unusable by the casualty, in which case
  497  the tenant’s liability for rent shall be reduced by the fair
  498  rental value of that part of the premises damaged or destroyed.
  499  If the rental agreement is terminated, the landlord shall comply
  500  with s. 83.49(3) [F.S. 1973].
  501         Section 15. Subsection (1) of section 83.64, Florida
  502  Statutes, is amended to read:
  503         83.64 Retaliatory conduct.—
  504         (1) It is unlawful for a landlord to discriminatorily
  505  increase a tenant’s rent or decrease services to a tenant, or to
  506  bring or threaten to bring an action for possession or other
  507  civil action, primarily because the landlord is retaliating
  508  against the tenant. In order for the tenant to raise the defense
  509  of retaliatory conduct, the tenant must have acted in good
  510  faith. Examples of conduct for which the landlord may not
  511  retaliate include, but are not limited to, situations where:
  512         (a) The tenant has complained to a governmental agency
  513  charged with responsibility for enforcement of a building,
  514  housing, or health code of a suspected violation applicable to
  515  the premises;
  516         (b) The tenant has organized, encouraged, or participated
  517  in a tenants’ organization;
  518         (c) The tenant has complained to the landlord pursuant to
  519  s. 83.56(1); or
  520         (d) The tenant is a servicemember who has terminated a
  521  rental agreement pursuant to s. 83.682;
  522         (e) The tenant has paid rent to a condominium, cooperative,
  523  or homeowners’ association after demand from the association in
  524  order to pay the landlord’s obligation to the association; or
  525         (f) The tenant has exercised his or her rights under local,
  526  state, or federal fair housing laws.
  527         Section 16. This act shall take effect July 1, 2013.