November 26, 2020
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       Florida Senate - 2010                              CS for SB 606
       
       
       
       By the Committee on Banking and Insurance; and Senators Gelber
       and Joyner
       
       
       
       597-04817A-10                                          2010606c1
    1                        A bill to be entitled                      
    2         An act relating to the termination of rental
    3         agreements; amending s. 83.49, F.S.; requiring the
    4         landlord or mortgagor or its agent to tender to the
    5         registry of the court or to the foreclosing entity all
    6         funds held for advance rent or security deposits at
    7         the time of foreclosure; directing that such funds
    8         continue to be held for the use and benefit of the
    9         tenants of the foreclosed property; providing that a
   10         landlord or mortgagor or its agent commits a theft if
   11         the landlord or mortgagor or its agent do not comply
   12         with certain specified provisions of law; creating s.
   13         83.683, F.S.; providing that a purchaser of
   14         residential property in foreclosure may terminate a
   15         tenant’s residential rental agreement under certain
   16         circumstances; providing an exception for an immediate
   17         purchaser intending to sell the property to a buyer
   18         who intends to occupy the foreclosure premises as his
   19         or her primary residence; setting forth the content to
   20         be included in the termination notice to be given to
   21         the tenant; providing certain exceptions to
   22         application of the act; requiring the immediate
   23         purchaser named in the certificate of title to credit
   24         the tenant’s account for any deposit money paid by the
   25         tenant and for any advance rent for the unexpired
   26         rental period; providing for future expiration;
   27         amending s. 83.803, F.S.; redefining the term “last
   28         known address” as it relates to the Self-storage
   29         Facility Act; providing an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsections (10) and (11) are added to section
   34  83.49, Florida Statutes, to read:
   35         83.49 Deposit money or advance rent; duty of landlord and
   36  tenant.—
   37         (10)Upon the filing of foreclosure, the landlord or
   38  mortgagor or its agent shall tender to the registry of the court
   39  or, at the foreclosing entity’s election, to the foreclosing
   40  entity, all funds held for advance rent or security deposits for
   41  tenants of the mortgaged property, which shall continue to be
   42  held for the use and benefit of the tenants.
   43         (11)Failure by the landlord or mortgagor or its agent to
   44  comply with the provisions of subsection (1) or subsection (10)
   45  constitutes a theft as defined in s. 812.014.
   46         Section 2. Section 83.683, Florida Statutes, is created to
   47  read:
   48         83.683Termination of rental agreement upon foreclosure.—
   49         (1)(a)Upon issuance of a certificate of title pursuant to
   50  s. 45.031, if a tenant is occupying the residential premises and
   51  is not excluded by subsection(2), the immediate purchaser named
   52  in the certificate of title takes title to the residential
   53  premises as a landlord, and may terminate the residential rental
   54  agreement by delivering a written 90-day notice to the tenant.
   55         (b)1.If there is an existing written rental agreement
   56  entered into before the certificate of title was issued, the
   57  tenant may remain in possession of the premises until the end of
   58  the lease term or at least 90 days following the date the tenant
   59  receives a copy of the written notice of termination, whichever
   60  is greater.
   61         2.However, if the immediate purchaser named in the
   62  certificate of title sells the premises to a purchaser who will
   63  occupy the premises as a primary residence, the immediate
   64  purchaser may terminate the written rental agreement and the
   65  tenant is entitled to a written 90-day notice of termination.
   66         (c)The 90-day notice to terminate the rental agreement
   67  must be in substantially the following form:
   68  
   69         You are hereby advised that your rental agreement is
   70         terminated effective 90 days following the date that
   71         this written termination notice is delivered to you,
   72         or at the end of the term of your written rental
   73         agreement, whichever is later, and that I demand
   74         possession of the premises upon that date. You are
   75         still obligated to pay rent during the 90 days or
   76         during the term of your written rental agreement, in
   77         the amount you have been paying. Rent shall be
   78         delivered to [name], [address].
   79  
   80         (d)Delivery of the written notice must be in the manner as
   81  provided in s. 83.56(4).
   82         (2)Subsection (1) does not apply if:
   83         (a)The mortgagor being foreclosed, or the child, spouse,
   84  or parent of the mortgagor being foreclosed, is occupying the
   85  dwelling unit being foreclosed, unless it is a multiunit
   86  property and other tenants occupy dwelling units;
   87         (b)The rental agreement is not an arms-length transaction;
   88  or
   89         (c)The rental agreement allows rent that is substantially
   90  less than the fair market rent for the premises, unless the rent
   91  is reduced or subsidized due to a federal, state, or local
   92  subsidy.
   93         (3)The immediate purchaser named in the certificate of
   94  title issued pursuant to s. 45.031 shall credit the tenant’s
   95  account for any deposit money paid by the tenant to the
   96  predecessor in interest and may make claims against the deposit
   97  pursuant to s. 83.49(1). The immediate purchaser shall also
   98  credit the tenant’s account for any advance rent for the
   99  unexpired rental period. The tenant must provide evidence of the
  100  amount of the security deposit or advance rent in order to
  101  receive the credit. This subsection applies only to the extent
  102  that the security deposit or advance rent is in the possession
  103  of the immediate purchaser or the foreclosing mortgagee.
  104         (4)This section expires December 31, 2012.
  105         Section 3. Subsection (6) of section 83.803, Florida
  106  Statutes, is amended to read:
  107         83.803 Definitions.—As used in ss. 83.801-83.809:
  108         (6) “Last known address” means the street address, post
  109  office box, or electronic mail that address provided by the
  110  tenant in the latest rental agreement or in a subsequent written
  111  notice of change of address provided by hand delivery, first
  112  class mail, or electronic mail the address provided by the
  113  tenant by hand delivery or certified mail in a subsequent
  114  written notice of a change of address.
  115         Section 4. This act shall take effect upon becoming a law.

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