August 19, 2018
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Amendment CaShTmL-370156.HTM
    Florida Senate - 2007            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 2730 and SB 1596
                        Barcode 370156                                        
    Proposed Committee Substitute by the Committee on Regulated
    Industries
 1                      A bill to be entitled
 2         An act relating to residential tenancies;
 3         amending s. 83.43, F.S.; revising and providing
 4         definitions; amending s. 83.595, F.S.; allowing
 5         a landlord to terminate a rental agreement and
 6         recover liquidated damages or charge the tenant
 7         an early termination fee for breach of the
 8         agreement, or both, under certain
 9         circumstances; requiring the tenant to indicate
10         acceptance of an early termination fee or
11         liquidated-damages provision in the rental
12         agreement in order for the provision to take
13         effect; providing a limit on the combined total
14         of damages and fee; providing liability of the
15         tenant for rent, other charges otherwise due,
16         and rental concessions; providing an effective
17         date.
18  
19  Be It Enacted by the Legislature of the State of Florida:
20  
21         Section 1.  Subsection (7) of section 83.43, Florida
22  Statutes, is amended, and subsection (17) is added to that
23  section, to read:
24         83.43  Definitions.--As used in this part, the
25  following words and terms shall have the following meanings
26  unless some other meaning is plainly indicated:
27         (7)  "Rental agreement" means any written agreement,
28  including amendments or addenda, or oral agreement if for a
29  less duration of less than 1 year, providing for use and
30  occupancy of premises.
31         (17)  "Early termination fee" means any charge, fee, or
                                  1
    1:17 PM   04/03/07                              s2730.ri00.00a

Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2730 and SB 1596 Barcode 370156 1 forfeiture that is provided for in a written rental agreement 2 and is assessed to a tenant when a tenant vacates a dwelling 3 unit before the end of the rental agreement. An early 4 termination fee does not include: 5 (a) Unpaid rent through the end of the month in which 6 the tenant occupied the dwelling unit. 7 (b) Charges for damages to the dwelling unit. 8 Section 2. Section 83.595, Florida Statutes, is 9 amended to read: 10 83.595 Choice of remedies upon breach or early 11 termination by tenant.-- 12 (1) If the tenant breaches the rental agreement lease 13 for the dwelling unit and the landlord has obtained a writ of 14 possession, or the tenant has surrendered possession of the 15 dwelling unit to the landlord, or the tenant has abandoned the 16 dwelling unit, the landlord may: 17 (1)(a) Treat the rental agreement lease as terminated 18 and retake possession for his or her own account, thereby 19 terminating any further liability of the tenant.; or 20 (2)(b) Retake possession of the dwelling unit for the 21 account of the tenant, holding the tenant liable for the 22 difference between the rent rental stipulated to be paid under 23 the rental lease agreement and what, in good faith, the 24 landlord is able to recover from a reletting. If the landlord 25 retakes possession, the landlord has a duty to exercise good 26 faith in attempting to relet the premises, and any rent 27 received by the landlord as a result of the reletting shall be 28 deducted from the balance of rent due from the tenant. For 29 purposes of this subsection, the term "good faith in 30 attempting to relet the premises" means that the landlord uses 31 at least the same efforts to relet the premises as were used 2 1:17 PM 04/03/07 s2730.ri00.00a
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2730 and SB 1596 Barcode 370156 1 in the initial rental or at least the same efforts as the 2 landlord uses in attempting to rent other similar rental units 3 but does not require the landlord to give a preference in 4 renting the premises over other vacant dwelling units that the 5 landlord owns or has the responsibility to rent.; or 6 (3)(c) Stand by and do nothing, holding the lessee 7 liable for the rent as it comes due. 8 (4) If liquidated damages or an early termination fee 9 are provided for in the rental agreement, treat the rental 10 agreement as terminated and recover liquidated damages or 11 charge an early termination fee upon the tenant's giving 12 notice. This remedy is available only if the tenant, at the 13 time the rental agreement was made, indicated acceptance of 14 liquidated damages or an early termination fee by placing his 15 or her signature or initials next to the provision in the 16 agreement. If acceptance is not indicated, only the remedies 17 available in subsection (1), subsection (2), or subsection (3) 18 apply. 19 (a) The landlord is entitled to both liquidated 20 damages and an early termination fee if the combined total 21 charge does not exceed an amount equal to 2 months rent. 22 (b) In addition to liquidated damages or an early 23 termination fee, the landlord may charge the tenant for any 24 unpaid rent and other charges due under the rental agreement 25 through the end of the month in which the landlord retakes 26 possession of the dwelling unit, and any rent concessions that 27 the tenant has received up to the maximum of 1 month's rent. 28 For purposes of this paragraph, the term "rent concessions" 29 means any amount contained in the rental agreement by which 30 all or a portion of the base rent is reduced in consideration 31 for the tenant's entering into the rental agreement. 3 1:17 PM 04/03/07 s2730.ri00.00a
Florida Senate - 2007 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 2730 and SB 1596 Barcode 370156 1 (c) This subsection does not apply if the breach is 2 failure to give notice as provided in s. 83.575. 3 (2) If the landlord retakes possession of the dwelling 4 unit for the account of the tenant, the landlord has a duty to 5 exercise good faith in attempting to relet the premises, and 6 any rentals received by the landlord as a result of the 7 reletting shall be deducted from the balance of rent due from 8 the tenant. For purposes of this section, "good faith in 9 attempting to relet the premises" means that the landlord 10 shall use at least the same efforts to relet the premises as 11 were used in the initial rental or at least the same efforts 12 as the landlord uses in attempting to lease other similar 13 rental units but does not require the landlord to give a 14 preference in leasing the premises over other vacant dwelling 15 units that the landlord owns or has the responsibility to 16 rent. 17 Section 3. This act shall take effect upon becoming a 18 law. 19 20 21 22 23 24 25 26 27 28 29 30 31 4 1:17 PM 04/03/07 s2730.ri00.00a
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