Florida Senate - 2017                                     SB 756
       By Senator Rodriguez
       37-00419-17                                            2017756__
    1                        A bill to be entitled                      
    2         An act relating to rent and repossession; amending s.
    3         83.60, F.S.; requiring a court to conduct a trial
    4         within a specified time for certain actions involving
    5         repossession of a dwelling unit; authorizing the court
    6         to order a tenant to pay certain rent into the
    7         registry of the court during pendency of a proceeding
    8         if the tenant requests a continuance of a certain
    9         duration or a jury trial; requiring the court to
   10         schedule the case for immediate trial if such payment
   11         is not made; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (2) of section 83.60, Florida
   16  Statutes, is amended to read:
   17         83.60 Defenses to action for rent or possession;
   18  procedure.—
   19         (2) In an action by the landlord for possession of a
   20  dwelling unit, the court shall conduct the trial within 30 days
   21  after service of the complaint. If the tenant requests a
   22  continuance of the trial to a date more than 30 days after
   23  service of the complaint or requests a jury trial, the court may
   24  enter an order requiring the tenant to pay into the registry of
   25  the court the rent that accrues during the pendency of the
   26  proceeding. If the tenant fails to comply with a court order
   27  issued under this subsection, the court shall schedule an
   28  immediate trial on the issue of possession, if the tenant
   29  interposes any defense other than payment, including, but not
   30  limited to, the defense of a defective 3-day notice, the tenant
   31  shall pay into the registry of the court the accrued rent as
   32  alleged in the complaint or as determined by the court and the
   33  rent that accrues during the pendency of the proceeding, when
   34  due. The clerk shall notify the tenant of such requirement in
   35  the summons. Failure of the tenant to pay the rent into the
   36  registry of the court or to file a motion to determine the
   37  amount of rent to be paid into the registry within 5 days,
   38  excluding Saturdays, Sundays, and legal holidays, after the date
   39  of service of process constitutes an absolute waiver of the
   40  tenant’s defenses other than payment, and the landlord is
   41  entitled to an immediate default judgment for removal of the
   42  tenant with a writ of possession to issue without further notice
   43  or hearing thereon. If a motion to determine rent is filed,
   44  documentation in support of the allegation that the rent as
   45  alleged in the complaint is in error is required. Public housing
   46  tenants or tenants receiving rent subsidies are required to
   47  deposit only that portion of the full rent for which they are
   48  responsible pursuant to the federal, state, or local program in
   49  which they are participating.
   50         Section 2. This act shall take effect July 1, 2017.