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

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