September 29, 2020
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       CS for SB 606                                    First Engrossed
       
       
       
       
       
       
       
       
       2010606e1
       
    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         providing an effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsections (10) and (11) are added to section
   32  83.49, Florida Statutes, to read:
   33         83.49 Deposit money or advance rent; duty of landlord and
   34  tenant.—
   35         (10)Upon the filing of foreclosure, the landlord or
   36  mortgagor or its agent shall tender to the registry of the court
   37  or, at the foreclosing entity’s election, to the foreclosing
   38  entity, all funds held for advance rent or security deposits for
   39  tenants of the mortgaged property, which shall continue to be
   40  held for the use and benefit of the tenants.
   41         (11)Failure by the landlord or mortgagor or its agent to
   42  comply with the provisions of subsection (1) or subsection (10)
   43  constitutes a theft as defined in s. 812.014.
   44         Section 2. Section 83.683, Florida Statutes, is created to
   45  read:
   46         83.683Termination of rental agreement upon foreclosure.—
   47         (1)(a)Upon issuance of a certificate of title pursuant to
   48  s. 45.031, if a tenant is occupying the residential premises and
   49  is not excluded by subsection(2), the immediate purchaser named
   50  in the certificate of title takes title to the residential
   51  premises as a landlord, and may terminate the residential rental
   52  agreement by delivering a written 90-day notice to the tenant.
   53         (b)1.If there is an existing written rental agreement
   54  entered into before the certificate of title was issued, the
   55  tenant may remain in possession of the premises until the end of
   56  the lease term or at least 90 days following the date the tenant
   57  receives a copy of the written notice of termination, whichever
   58  is greater.
   59         2.However, if the immediate purchaser named in the
   60  certificate of title sells the premises to a purchaser who will
   61  occupy the premises as a primary residence, the immediate
   62  purchaser may terminate the written rental agreement and the
   63  tenant is entitled to a written 90-day notice of termination.
   64         (c)The 90-day notice to terminate the rental agreement
   65  must be in substantially the following form:
   66  
   67         You are hereby advised that your rental agreement is
   68         terminated effective 90 days following the date that
   69         this written termination notice is delivered to you,
   70         or at the end of the term of your written rental
   71         agreement, whichever is later, and that I demand
   72         possession of the premises upon that date. You are
   73         still obligated to pay rent during the 90 days or
   74         during the term of your written rental agreement, in
   75         the amount you have been paying. Rent shall be
   76         delivered to [name], [address].
   77  
   78         (d)Delivery of the written notice must be in the manner as
   79  provided in s. 83.56(4).
   80         (2)Subsection (1) does not apply if:
   81         (a)The mortgagor being foreclosed, or the child, spouse,
   82  or parent of the mortgagor being foreclosed, is occupying the
   83  dwelling unit being foreclosed, unless it is a multiunit
   84  property and other tenants occupy dwelling units;
   85         (b)The rental agreement is not an arms-length transaction;
   86  or
   87         (c)The rental agreement allows rent that is substantially
   88  less than the fair market rent for the premises, unless the rent
   89  is reduced or subsidized due to a federal, state, or local
   90  subsidy.
   91         (3)The immediate purchaser named in the certificate of
   92  title issued pursuant to s. 45.031 shall credit the tenant’s
   93  account for any deposit money paid by the tenant to the
   94  predecessor in interest and may make claims against the deposit
   95  pursuant to s. 83.49. The immediate purchaser shall also credit
   96  the tenant’s account for any advance rent for the unexpired
   97  rental period. The tenant must provide evidence of the amount of
   98  the security deposit or advance rent in order to receive the
   99  credit. This subsection applies only to the extent that the
  100  security deposit or advance rent is in the possession of the
  101  immediate purchaser or the foreclosing mortgagee.
  102         (4)This section expires December 31, 2012.
  103         Section 3. This act shall take effect upon becoming a law.

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