Bill Text: FL S1830 | 2012 | Regular Session | Comm Sub
Bill Title: Landlords and Tenants
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2012-03-09 - Died in Budget [S1830 Detail]
Download: Florida-2012-S1830-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 1830 By the Committees on Budget Subcommittee on Criminal and Civil Justice Appropriations; and Judiciary; and Senator Flores 604-04278-12 20121830c2 1 A bill to be entitled 2 An act relating to landlords and tenants; amending s. 3 83.42, F.S.; revising exclusions from application of 4 part II of ch. 83, F.S., relating to residential 5 tenancies; amending s. 83.48, F.S.; providing that the 6 right to attorney fees may not be waived in a lease 7 agreement; providing that attorney fees may not be 8 awarded in a claim for personal injury damages based 9 on a breach of duty of premises maintenance; amending 10 s. 83.49, F.S.; revising and providing landlord 11 disclosure requirements with respect to deposit money 12 and advance rent; providing requirements for the 13 disbursement of advance rents; providing a limited 14 rebuttable presumption of receipt of security 15 deposits; providing for certain changes to disclosure 16 requirements to be phased in; amending s. 83.50, F.S.; 17 removing certain landlord disclosure requirements 18 relating to fire protection; amending s. 83.51, F.S.; 19 revising a landlord’s obligation to maintain a 20 premises with respect to screens; amending s. 83.56, 21 F.S.; revising procedures for the termination of a 22 rental agreement by a landlord; revising notice and 23 payment procedures; providing that a landlord does not 24 waive the right to terminate the rental agreement or 25 to bring a civil action for noncompliance by accepting 26 partial rent, subject to certain notice; providing 27 that the period to institute an action before an 28 exemption involving rent subsidies is waived begins 29 upon actual knowledge; amending s. 83.575, F.S.; 30 revising requirements for the termination of a tenancy 31 having a specific duration to provide for reciprocal 32 notice provisions in rental agreements; amending ss. 33 83.58 and 83.59, F.S.; conforming cross-references; 34 amending s. 83.60, F.S.; providing that a landlord 35 must be given an opportunity to cure a deficiency in 36 any notice or pleadings prior to dismissal of an 37 eviction action; making technical changes; amending s. 38 83.62, F.S.; revising procedures for the restoration 39 of possession to a landlord to provide that weekends 40 and holidays do not stay the applicable notice period; 41 amending s. 83.63, F.S.; conforming a cross-reference; 42 amending s. 83.64, F.S.; providing examples of conduct 43 for which the landlord may not retaliate; amending s. 44 723.063, F.S.; providing that a mobile home park owner 45 must be given an opportunity to cure a deficiency in 46 any notice or pleadings prior to dismissal of an 47 eviction action; providing an effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1. Subsection (2) of section 83.42, Florida 52 Statutes, is amended to read: 53 83.42 Exclusions from application of part.—This part does 54 not apply to: 55 (2) Occupancy under a contract of sale of a dwelling unit 56 or the property of which it is a part in which at least one 57 month’s rent has been paid and the buyer has paid a deposit of 58 at least 5 percent of the value of the property, or in which the 59 buyer has paid at least 12 months’ rent. 60 Section 2. Section 83.48, Florida Statutes, is amended to 61 read: 62 83.48 AttorneyAttorney’sfees.—In any civil action brought 63 to enforce the provisions of the rental agreement or this part, 64 the party in whose favor a judgment or decree has been rendered 65 may recover reasonable court costs, including, but not limited 66 to, attorneyattorney’sfees, from the nonprevailing party. The 67 right to attorney fees in this section may not be waived in a 68 lease agreement. However, attorney fees may not be awarded under 69 this section in a claim for personal injury damages based on a 70 breach of duty under s. 83.51. 71 Section 3. Subsections (2), (3), and (7) of section 83.49, 72 Florida Statutes, are amended to read: 73 83.49 Deposit money or advance rent; duty of landlord and 74 tenant.— 75 (2) The landlord shall, in the lease agreement or within 30 76 days afterofreceipt of advance rent or a security deposit, 77 furnish written notice tonotifythe tenant which includes 78 disclosure ofin writingof the manner in which the landlord is79holdingthe advance rent or security depositand the rate of80interest, if any, which the tenant is to receive and the time of81interest payments to the tenant.Such written notice shall:82(a) Be given in person or by mail to the tenant.83(b) State the name and address of the depository where the84advance rent or security deposit is being held, whether the85advance rent or security deposit is being held in a separate86account for the benefit of the tenant or is commingled with87other funds of the landlord, and, if commingled, whether such88funds are deposited in an interest-bearing account in a Florida89banking institution.90(c) Include a copy of the provisions of subsection (3).91 92 Subsequent to providing such notice, if the landlord changes the 93 manner or location in which he or she is holding the advance 94 rent or security deposit, he or she shall notify the tenant 95 within 30 days afterofthe change according to the provisions 96 of paragraphs (a)-(d)herein set forth. The landlord is not 97 required to give a new notice or an additional notice solely 98 because the depository has merged with another financial 99 institution, changed its name, or transferred ownership to a 100 different financial institution. This subsection does not apply 101 to any landlord who rents fewer than five individual dwelling 102 units. Failure to provide this notice isshallnotbea defense 103 to the payment of rent when due. Such written notice must: 104 (a) Be given in person or by mail to the tenant; 105 (b) State the name and address of the depository where the 106 advance rent or security deposit is being held, or state that 107 the landlord has posted a surety bond as provided by law; 108 (c) State whether the tenant is entitled to interest on the 109 deposit; and 110 (d) Include the following disclosure: 111 112 YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE 113 LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S 114 ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU 115 MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS 116 SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING 117 YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU NOTICE, 118 WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD’S 119 INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU 120 DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO 121 THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE 122 LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM 123 AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF 124 YOU TIMELY OBJECT, THE LANDLORD MUST HOLD THE DEPOSIT 125 AND EITHER YOU OR THE LANDLORD WILL HAVE TO FILE A 126 LAWSUIT SO THAT THE COURT CAN RESOLVE THE DISPUTE. 127 128 IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE 129 LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A 130 LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY 131 OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE 132 DEPOSIT BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A 133 REFUND. 134 135 YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE 136 BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE 137 FAVOR A JUDGMENT HAS BEEN RENDERED WILL BE AWARDED 138 COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY. 139 140 THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF 141 CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL 142 RIGHTS AND OBLIGATIONS. 143 144 (3) The landlord may disburse advance rents from the 145 deposit account to the landlord’s benefit when the advance 146 rental period commences and without notice to the tenant. For 147 all other deposits: 148 (a) Upon the vacating of the premises for termination of 149 the lease, if the landlord does not intend to impose a claim on 150 the security deposit, the landlord shall have 15 days to return 151 the security deposit together with interest if otherwise 152 required, or the landlord shall have 30 days to give the tenant 153 written notice by certified mail to the tenant’s last known 154 mailing address of his or her intention to impose a claim on the 155 deposit and the reason for imposing the claim. The notice shall 156 contain a statement in substantially the following form: 157 158 This is a notice of my intention to impose a claim for 159 damages in the amount of .... upon your security deposit, due to 160 ..... It is sent to you as required by s. 83.49(3), Florida 161 Statutes. You are hereby notified that you must object in 162 writing to this deduction from your security deposit within 15 163 days from the time you receive this notice or I will be 164 authorized to deduct my claim from your security deposit. Your 165 objection must be sent to ...(landlord’s address).... 166 167 If the landlord fails to give the required notice within the 30 168 day period, he or she forfeits the right to impose a claim upon 169 the security deposit and may not seek a setoff against the 170 deposit but may file an action for damages after return of the 171 deposit. 172 (b) Unless the tenant objects to the imposition of the 173 landlord’s claim or the amount thereof within 15 days after 174 receipt of the landlord’s notice of intention to impose a claim, 175 the landlord may then deduct the amount of his or her claim and 176 shall remit the balance of the deposit to the tenant within 30 177 days after the date of the notice of intention to impose a claim 178 for damages. The failure of the tenant to make a timely 179 objection does not waive any rights of the tenant to seek 180 damages in a separate action. 181 (c) If either party institutes an action in a court of 182 competent jurisdiction to adjudicate the party’s right to the 183 security deposit, the prevailing party is entitled to receive 184 his or her court costs plus a reasonable fee for his or her 185 attorney. The court shall advance the cause on the calendar. 186 (d) Compliance with this section by an individual or 187 business entity authorized to conduct business in this state, 188 including Florida-licensed real estate brokers and sales 189 associates, constitutesshall constitutecompliance with all 190 other relevant Florida Statutes pertaining to security deposits 191 held pursuant to a rental agreement or other landlord-tenant 192 relationship. Enforcement personnel shall look solely to this 193 section to determine compliance. This section prevails over any 194 conflicting provisions in chapter 475 and in other sections of 195 the Florida Statutes, and shall operate to permit licensed real 196 estate brokers to disburse security deposits and deposit money 197 without having to comply with the notice and settlement 198 procedures contained in s. 475.25(1)(d). 199 (7) Upon the sale or transfer of title of the rental 200 property from one owner to another, or upon a change in the 201 designated rental agent, any and all security deposits or 202 advance rents being held for the benefit of the tenants shall be 203 transferred to the new owner or agent, together with any earned 204 interest and with an accurate accounting showing the amounts to 205 be credited to each tenant account. Upon the transfer of such 206 funds and records to the new owner or agentas stated herein, 207 and upon transmittal of a written receipt therefor, the 208 transferor isshall befree from the obligation imposed in 209 subsection (1) to hold such moneys on behalf of the tenant. 210 There is a rebuttable presumption that any new owner or agent 211 received the security deposits from the previous owner or agent; 212 however, the limit of this presumption is one month’s rent. This 213 subsection does notHowever, nothing herein shallexcuse the 214 landlord or agent for a violation of othertheprovisions of 215 this section while in possession of such deposits. 216 Section 4. The Legislature recognizes that landlords may 217 have stocks of preprinted lease forms that contain disclosures 218 compliant with current law. Accordingly, changes to the 219 disclosure required of a landlord and made by amendments to s. 220 83.49, Florida Statutes, in this act, are conditional for leases 221 entered into between July 1, 2012, and December 31, 2012. During 222 that period, the landlord may elect to give notice required by 223 former s. 83.49, Florida Statutes, or the disclosure required 224 under this act. The disclosure required by this act is required 225 for all leases entered into on or after January 1, 2013. 226 Section 5. Section 83.50, Florida Statutes, is amended to 227 read: 228 83.50 Disclosure of landlord’s address.— 229(1)In addition to other disclosures required by law, the 230 landlord, or a person authorized to enter into a rental 231 agreement on the landlord’s behalf, shall disclose in writing to 232 the tenant, at or before the commencement of the tenancy, the 233 name and address of the landlord or a person authorized to 234 receive notices and demands in the landlord’s behalf. The person 235 so authorized to receive notices and demands retains authority 236 until the tenant is notified otherwise. All notices of such 237 names and addresses or changes thereto shall be delivered to the 238 tenant’s residence or, if specified in writing by the tenant, to 239 any other address. 240(2) The landlord or the landlord’s authorized241representative, upon completion of construction of a building242exceeding three stories in height and containing dwelling units,243shall disclose to the tenants initially moving into the building244the availability or lack of availability of fire protection.245 Section 6. Subsection (1) and paragraph (a) of subsection 246 (2) of section 83.51, Florida Statutes, are amended to read: 247 83.51 Landlord’s obligation to maintain premises.— 248 (1) The landlord at all times during the tenancy shall: 249 (a) Comply with the requirements of applicable building, 250 housing, and health codes; or 251 (b) Where there are no applicable building, housing, or 252 health codes, maintain the roofs, windows,screens,doors, 253 floors, steps, porches, exterior walls, foundations, and all 254 other structural components in good repair and capable of 255 resisting normal forces and loads and the plumbing in reasonable 256 working condition.However,The landlord isshallnotbe257 required to maintain a mobile home or other structure owned by 258 the tenant. 259 260 The landlord’s obligations under this subsection may be altered 261 or modified in writing with respect to a single-family home or 262 duplex. 263 (2)(a) Unless otherwise agreed in writing, in addition to 264 the requirements of subsection (1), the landlord of a dwelling 265 unit other than a single-family home or duplex shall, at all 266 times during the tenancy, make reasonable provisions for: 267 1. The extermination of rats, mice, roaches, ants, wood 268 destroying organisms, and bedbugs. When vacation of the premises 269 is required for such extermination, the landlord isshallnotbe270 liable for damages but shall abate the rent. The tenant must 271shall be required totemporarily vacate the premises for a 272 period of time not to exceed 4 days, on 7 days’ written notice, 273 if necessary, for extermination pursuant to this subparagraph. 274 2. Locks and keys. 275 3. The clean and safe condition of common areas. 276 4. Garbage removal and outside receptacles therefor. 277 5. Functioning facilities for heat during winter, running 278 water, and hot water. 279 Section 7. Subsections (2) through (5) of section 83.56, 280 Florida Statutes, are amended to read: 281 83.56 Termination of rental agreement.— 282 (2) If the tenant materially fails to comply with s. 83.52 283 or material provisions of the rental agreement, other than a 284 failure to pay rent, or reasonable rules or regulations, the 285 landlord may: 286 (a) If such noncompliance is of a nature that the tenant 287 should not be given an opportunity to cure it or if the 288 noncompliance constitutes a subsequent or continuing 289 noncompliance within 12 months of a written warning by the 290 landlord of a similar violation, deliver a written notice to the 291 tenant specifying the noncompliance and the landlord’s intent to 292 terminate the rental agreement by reason thereof. Examples of 293 noncompliance which are of a nature that the tenant should not 294 be given an opportunity to cure include, but are not limited to, 295 destruction, damage, or misuse of the landlord’s or other 296 tenants’ property by intentional act or a subsequent or 297 continued unreasonable disturbance. In such event, the landlord 298 may terminate the rental agreement, and the tenant shall have 7 299 days from the date that the notice is delivered to vacate the 300 premises. The notice shall beadequate if it isin substantially 301 the following form: 302 303 You are advised that your lease is terminated effective 304 immediately. You shall have 7 days from the delivery of this 305 letter to vacate the premises. This action is taken because 306 ...(cite the noncompliance).... 307 308 (b) If such noncompliance is of a nature that the tenant 309 should be given an opportunity to cure it, deliver a written 310 notice to the tenant specifying the noncompliance, including a 311 notice that, if the noncompliance is not corrected within 7 days 312 from the date the written notice is delivered, the landlord 313 shall terminate the rental agreement by reason thereof. Examples 314 of such noncompliance include, but are not limited to, 315 activities in contravention of the lease or this partactsuch 316 as having or permitting unauthorized pets, guests, or vehicles; 317 parking in an unauthorized manner or permitting such parking; or 318 failing to keep the premises clean and sanitary. If there is a 319 noncompliance within 12 months after notice, an eviction action 320 may commence without the necessity of delivering a subsequent 321 notice pursuant to paragraph (a) or this paragraph. However, if 322 the notice pursuant to paragraph (a) or this paragraph is not 323 given, the clerk may not issue a writ to the sheriff to put the 324 landlord into possession of the premises before the 3rd day 325 after the date that the action for possession was served on a 326 tenant pursuant to s. 48.183. The notice shall beadequate if it327isin substantially the following form: 328 329 You are hereby notified that ...(cite the 330 noncompliance).... Demand is hereby made that you remedy the 331 noncompliance within 7 days of receipt of this notice or your 332 lease shall be deemed terminated and you shall vacate the 333 premises upon such termination. If this same conduct or conduct 334 of a similar nature is repeated within 12 months, your tenancy 335 is subject to termination without further warning and without 336 your being given an opportunity to cure the noncompliance. 337 338 (3) If the tenant fails to pay rent when due and the 339 default continues for 3 days, excluding Saturday, Sunday, and 340 legal holidays, after delivery of written demand by the landlord 341 for payment of the rent or possession of the premises, the 342 landlord may terminate the rental agreement. Legal holidays for 343 the purpose of this section shall be court-observed holidays 344 only. The total amount claimed may include all moneys owed to 345 the landlord through the date of the notice, including, but not 346 limited to, late fees. The 3-day notice shall contain a 347 statement in substantially the following form: 348 349 You are hereby notified that you are indebted to me in the 350 sum of .... dollars for the rent and use of the premises 351 ...(address of leased premises, including county)..., Florida, 352 now occupied by you and that I demand payment of the rent or 353 possession of the premises within 3 days (excluding Saturday, 354 Sunday, and legal holidays) from the date of delivery of this 355 notice, to wit: on or before the .... day of ...., ...(year).... 356 ...(landlord’s name, address and phone number)... 357 358 (4) The delivery of the written notices required by 359 subsections (1), (2), and (3) shall be by mailing or delivery of 360 a true copy thereof or, if the tenant is absent from the 361 premises, by leaving a copy thereof at the residence. The notice 362 requirements of subsections (1), (2), and (3) may not be waived 363 in the lease. 364 (5)(a) If the landlord accepts rent with actual knowledge 365 of a noncompliance by the tenant or accepts performance by the 366 tenant of any other provision of the rental agreement that is at 367 variance with its provisions, or if the tenant pays rent with 368 actual knowledge of a noncompliance by the landlord or accepts 369 performance by the landlord of any other provision of the rental 370 agreement that is at variance with its provisions, the landlord 371 or tenant waives his or her right to terminate the rental 372 agreement or to bring a civil action for that noncompliance, but 373 not for any subsequent or continuing noncompliance. However, a 374 landlord does not waive the right to terminate the rental 375 agreement or to bring a civil action for that noncompliance by 376 accepting partial rent for the period if the landlord notifies 377 the tenant that the landlord is reserving the right to enforce 378 the rental agreement. 379 (b) Any tenant who wishes to defend against an action by 380 the landlord for possession of the unit for noncompliance of the 381 rental agreement or of relevant statutes mustshallcomply with 382the provisions ins. 83.60(2). The court may not set a date for 383 mediation or trial unless the provisions of s. 83.60(2) have 384 been met, but mustshallenter a default judgment for removal of 385 the tenant with a writ of possession to issue immediately if the 386 tenant fails to comply with s. 83.60(2). 387 (c) This subsection does not apply to that portion of rent 388 subsidies received from a local, state, or national government 389 or an agency of local, state, or national government; however, 390 waiver will occur if an action has not been instituted within 45 391 days after the landlord obtains actual knowledge of the 392 noncompliance. 393 Section 8. Section 83.575, Florida Statutes, is amended to 394 read: 395 83.575 Termination of tenancy with specific duration.— 396 (1) A rental agreement with a specific duration may contain 397 a provision requiring the tenant to notify the landlord before 398 vacating the premises at the end of the rental agreement if the 399 provision also requires that the landlord notify the tenant if 400 the rental agreement will not be renewed on the same terms; 401 however, a rental agreement may not require more than 60 days’ 402 notice from either the tenant or the landlordbefore vacating403the premises. 404 (2) A rental agreement with a specific duration may provide 405 that if a tenant fails to give the required notice before 406 vacating the premises at the end of the rental agreement, the 407 tenant may be liable for liquidated damages as specified in the 408 rental agreement if the landlord provides written notice to the 409 tenant specifying the tenant’s obligations under the 410 notification provision contained in the lease and the date the 411 rental agreement is terminated. The landlord must provide such 412 written notice to the tenant within 15 days before the start of 413 the notification period contained in the lease. The written 414 notice shall list all fees, penalties, and other charges 415 applicable to the tenant under this subsection. 416 (3) If the tenant remains on the premises with the 417 permission of the landlord after the rental agreement has 418 terminated and fails to give notice required under s. 83.57(3), 419 the tenant is liable to the landlord for an additional 1 month’s 420 rent. 421 Section 9. Section 83.58, Florida Statutes, is amended to 422 read: 423 83.58 Remedies; tenant holding over.—If the tenant holds 424 over and continues in possession of the dwelling unit or any 425 part thereof after the expiration of the rental agreement 426 without the permission of the landlord, the landlord may recover 427 possession of the dwelling unit in the manner provided for in s. 428 83.59[F.S. 1973]. The landlord may also recover double the 429 amount of rent due on the dwelling unit, or any part thereof, 430 for the period during which the tenant refuses to surrender 431 possession. 432 Section 10. Subsection (2) of section 83.59, Florida 433 Statutes, is amended to read: 434 83.59 Right of action for possession.— 435 (2) A landlord, the landlord’s attorney, or the landlord’s 436 agent, applying for the removal of a tenant, shall file in the 437 county court of the county where the premises are situated a 438 complaint describing the dwelling unit and stating the facts 439 that authorize its recovery. A landlord’s agent is not permitted 440 to take any action other than the initial filing of the 441 complaint, unless the landlord’s agent is an attorney. The 442 landlord is entitled to the summary procedure provided in s. 443 51.011[F.S. 1971], and the court shall advance the cause on the 444 calendar. 445 Section 11. Section 83.60, Florida Statutes, is amended to 446 read: 447 83.60 Defenses to action for rent or possession; 448 procedure.— 449 (1)(a) In an action by the landlord for possession of a 450 dwelling unit based upon nonpayment of rent or in an action by 451 the landlord under s. 83.55 seeking to recover unpaid rent, the 452 tenant may defend upon the ground of a material noncompliance 453 with s. 83.51(1)[F.S. 1973], or may raise any other defense, 454 whether legal or equitable, that he or she may have, including 455 the defense of retaliatory conduct in accordance with s. 83.64. 456 The landlord must be given an opportunity to cure a deficiency 457 in a notice or in the pleadings prior to dismissal of the 458 action. 459 (b) The defense of a material noncompliance with s. 460 83.51(1)[F.S. 1973]may be raised by the tenant if 7 days have 461 elapsed after the delivery of written notice by the tenant to 462 the landlord, specifying the noncompliance and indicating the 463 intention of the tenant not to pay rent by reason thereof. Such 464 notice by the tenant may be given to the landlord, the 465 landlord’s representative as designated pursuant to s. 83.50(1), 466 a resident manager, or the person or entity who collects the 467 rent on behalf of the landlord. A material noncompliance with s. 468 83.51(1)[F.S. 1973]by the landlord is a complete defense to an 469 action for possession based upon nonpayment of rent, and, upon 470 hearing, the court or the jury, as the case may be, shall 471 determine the amount, if any, by which the rent is to be reduced 472 to reflect the diminution in value of the dwelling unit during 473 the period of noncompliance with s. 83.51(1)[F.S. 1973]. After 474 consideration of all other relevant issues, the court shall 475 enter appropriate judgment. 476 (2) In an action by the landlord for possession of a 477 dwelling unit, if the tenant interposes any defense other than 478 payment, including, but not limited to, the defense of a 479 defective 3-day notice, the tenant shall pay into the registry 480 of the court the accrued rent as alleged in the complaint or as 481 determined by the court and the rent thatwhichaccrues during 482 the pendency of the proceeding, when due. The clerk shall notify 483 the tenant of such requirement in the summons. Failure of the 484 tenant to pay the rent into the registry of the court or to file 485 a motion to determine the amount of rent to be paid into the 486 registry within 5 days, excluding Saturdays, Sundays, and legal 487 holidays, after the date of service of process constitutes an 488 absolute waiver of the tenant’s defenses other than payment, and 489 the landlord is entitled to an immediate default judgment for 490 removal of the tenant with a writ of possession to issue without 491 further notice or hearing thereon. IfIn the eventa motion to 492 determine rent is filed, documentation in support of the 493 allegation that the rent as alleged in the complaint is in error 494 is required. Public housing tenants or tenants receiving rent 495 subsidies areshall berequired to deposit only that portion of 496 the full rent for which they arethe tenant isresponsible 497 pursuant to the federal, state, or local program in which they 498 are participating. 499 Section 12. Subsection (1) of section 83.62, Florida 500 Statutes, is amended to read: 501 83.62 Restoration of possession to landlord.— 502 (1) In an action for possession, after entry of judgment in 503 favor of the landlord, the clerk shall issue a writ to the 504 sheriff describing the premises and commanding the sheriff to 505 put the landlord in possession after 24 hours’ notice 506 conspicuously posted on the premises. Weekends and legal 507 holidays do not stay the 24-hour notice period. 508 Section 13. Section 83.63, Florida Statutes, is amended to 509 read: 510 83.63 Casualty damage.—If the premises are damaged or 511 destroyed other than by the wrongful or negligent acts of the 512 tenant so that the enjoyment of the premises is substantially 513 impaired, the tenant may terminate the rental agreement and 514 immediately vacate the premises. The tenant may vacate the part 515 of the premises rendered unusable by the casualty, in which case 516 the tenant’s liability for rent shall be reduced by the fair 517 rental value of that part of the premises damaged or destroyed. 518 If the rental agreement is terminated, the landlord shall comply 519 with s. 83.49(3)[F.S. 1973]. 520 Section 14. Subsection (1) of section 83.64, Florida 521 Statutes, is amended to read: 522 83.64 Retaliatory conduct.— 523 (1) It is unlawful for a landlord to discriminatorily 524 increase a tenant’s rent or decrease services to a tenant, or to 525 bring or threaten to bring an action for possession or other 526 civil action, primarily because the landlord is retaliating 527 against the tenant. In order for the tenant to raise the defense 528 of retaliatory conduct, the tenant must have acted in good 529 faith. Examples of conduct for which the landlord may not 530 retaliate include, but are not limited to, situations where: 531 (a) The tenant has complained to a governmental agency 532 charged with responsibility for enforcement of a building, 533 housing, or health code of a suspected violation applicable to 534 the premises; 535 (b) The tenant has organized, encouraged, or participated 536 in a tenants’ organization; 537 (c) The tenant has complained to the landlord pursuant to 538 s. 83.56(1);or539 (d) The tenant is a servicemember who has terminated a 540 rental agreement pursuant to s. 83.682; 541 (e) The tenant has paid rents to a condominium, 542 cooperative, or homeowners’ association after demand from the 543 association in order to pay the landlord’s obligation to the 544 association; or 545 (f) The tenant has exercised his or her rights under local, 546 state, or federal fair housing laws. 547 Section 15. Subsection (1) of section 723.063, Florida 548 Statutes, is amended to read: 549 723.063 Defenses to action for rent or possession; 550 procedure.— 551 (1)(a) In any action based upon nonpayment of rent or 552 seeking to recover unpaid rent, or a portion thereof, the mobile 553 home owner may defend upon the ground of a material 554 noncompliance with any portion of this chapter or may raise any 555 other defense, whether legal or equitable, which he or she may 556 have. The mobile home park owner must be given an opportunity to 557 cure a deficiency in a notice or in the pleadings prior to 558 dismissal of the action. 559 (b) The defense of material noncompliance may be raised by 560 the mobile home owner only if 7 days have elapsed after he or 561 she has notified the park owner in writing of his or her 562 intention not to pay rent, or a portion thereof, based upon the 563 park owner’s noncompliance with portions of this chapter, 564 specifying in reasonable detail the provisions in default. A 565 material noncompliance with this chapter by the park owner is a 566 complete defense to an action for possession based upon 567 nonpayment of rent, or a portion thereof, and, upon hearing, the 568 court or the jury, as the case may be, shall determine the 569 amount, if any, by which the rent is to be reduced to reflect 570 the diminution in value of the lot during the period of 571 noncompliance with any portion of this chapter. After 572 consideration of all other relevant issues, the court shall 573 enter appropriate judgment. 574 Section 16. This act shall take effect July 1, 2012.