Bill Text: FL S0850 | 2018 | Regular Session | Introduced
Bill Title: Actions for Rent or Possession
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Judiciary [S0850 Detail]
Download: Florida-2018-S0850-Introduced.html
Florida Senate - 2018 SB 850 By Senator Rodriguez 37-00756A-18 2018850__ 1 A bill to be entitled 2 An act relating to actions for rent or possession; 3 amending s. 83.60, F.S.; requiring a court to conduct 4 a trial within a specified timeframe for certain 5 actions involving possession of a dwelling unit; 6 authorizing the court to order a tenant to pay certain 7 rent into the registry of the court during pendency of 8 a proceeding if the tenant requests a continuance 9 exceeding a specified number of days or a jury trial; 10 requiring the court to schedule the case for immediate 11 trial if such payment is not made; amending s. 83.56, 12 F.S.; deleting a requirement that a tenant who wishes 13 to defend against certain actions by a landlord comply 14 with a specified provision; deleting a requirement 15 that the court enter a default judgment in certain 16 circumstances; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (2) of section 83.60, Florida 21 Statutes, is amended to read: 22 83.60 Defenses to action for rent or possession; 23 procedure.— 24 (2) In an action by the landlord for possession of a 25 dwelling unit, the court shall conduct the trial within 30 days 26 after service of the complaint. If the tenant requests a 27 continuance of the trial to a date more than 30 days after 28 service of the complaint or requests a jury trial, the court may 29 enter an order requiring the tenant to pay into the registry of 30 the court the rent that accrues during the pendency of the 31 proceeding. If the tenant fails to comply with a court order 32 issued under this subsection, the court shall schedule an 33 immediate trial on the issue of possessionif the tenant34interposes any defense other than payment, including, but not35limited to, the defense of a defective 3-day notice, the tenant36shall pay into the registry of the court the accrued rent as37alleged in the complaint or as determined by the court and the38rent that accrues during the pendency of the proceeding, when39due. The clerk shall notify the tenant of such requirement in40the summons. Failure of the tenant to pay the rent into the41registry of the court or to file a motion to determine the42amount of rent to be paid into the registry within 5 days,43excluding Saturdays, Sundays, and legal holidays, after the date44of service of process constitutes an absolute waiver of the45tenant’s defenses other than payment, and the landlord is46entitled to an immediate default judgment for removal of the47tenant with a writ of possession to issue without further notice48or hearing thereon. If a motion to determine rent is filed,49documentation in support of the allegation that the rent as50alleged in the complaint is in error is required. Public housing 51 tenants or tenants receiving rent subsidies are required to 52 deposit only that portion of the full rent for which they are 53 responsible pursuant to the federal, state, or local program in 54 which they are participating. 55 Section 2. Paragraph (b) of subsection (5) of section 56 83.56, Florida Statutes, is amended to read: 57 83.56 Termination of rental agreement.— 58 (5) 59(b) Any tenant who wishes to defend against an action by60the landlord for possession of the unit for noncompliance of the61rental agreement or of relevant statutes must comply with s.6283.60(2). The court may not set a date for mediation or trial63unless the provisions of s. 83.60(2) have been met, but must64enter a default judgment for removal of the tenant with a writ65of possession to issue immediately if the tenant fails to comply66with s. 83.60(2).67 Section 3. This act shall take effect July 1, 2018.