Bill Text: FL S0412 | 2021 | Regular Session | Introduced
Bill Title: Residential Tenancies
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Judiciary [S0412 Detail]
Download: Florida-2021-S0412-Introduced.html
Florida Senate - 2021 SB 412
By Senator Rouson
19-00367-21 2021412__
1 A bill to be entitled
2 An act relating to residential tenancies; amending s.
3 44.102, F.S.; requiring that courts in a judicial
4 circuit in which a residential eviction mediation
5 program has been established refer matters involving a
6 residential eviction to mediation; amending s. 83.56,
7 F.S.; deleting provisions requiring a residential
8 tenant defending against specified actions by a
9 landlord to comply with provisions requiring payment
10 of accrued rent to the registry of the court, to
11 conform to changes made by the act; amending s. 83.59,
12 F.S.; restricting availability of a specified summary
13 procedure in actions where a landlord is seeking to
14 recover possession of a residential unit; amending s.
15 83.60, F.S.; removing the requirement that a
16 residential tenant defending against a landlord’s
17 action for possession pay accrued rent to the registry
18 of the court; repealing s. 83.61, F.S., relating to
19 the disbursement of funds in the registry of the
20 court, to conform to changes made by the act;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraph (e) is added to subsection (2) of
26 section 44.102, Florida Statutes, to read:
27 44.102 Court-ordered mediation.—
28 (2) A court, under rules adopted by the Supreme Court:
29 (e) In circuits in which a residential eviction mediation
30 program has been established, shall refer any matter involving a
31 residential eviction to mediation.
32 Section 2. Subsection (5) of section 83.56, Florida
33 Statutes, is amended to read:
34 83.56 Termination of rental agreement.—
35 (5)(a) If the landlord accepts rent with actual knowledge
36 of a noncompliance by the tenant or accepts performance by the
37 tenant of any other provision of the rental agreement that is at
38 variance with its provisions, or if the tenant pays rent with
39 actual knowledge of a noncompliance by the landlord or accepts
40 performance by the landlord of any other provision of the rental
41 agreement that is at variance with its provisions, the landlord
42 or tenant waives his or her right to terminate the rental
43 agreement or to bring a civil action for that noncompliance, but
44 not for any subsequent or continuing noncompliance. However, a
45 landlord does not waive the right to terminate the rental
46 agreement or to bring a civil action for that noncompliance by
47 accepting partial rent for the period. If partial rent is
48 accepted after posting the notice for nonpayment, the landlord
49 must:
50 1. Provide the tenant with a receipt stating the date and
51 amount received and the agreed upon date and balance of rent due
52 before filing an action for possession;
53 2. Place the amount of partial rent accepted from the
54 tenant in the registry of the court upon filing the action for
55 possession; or
56 3. Post a new 3-day notice reflecting the new amount due.
57 (b) Any tenant who wishes to defend against an action by
58 the landlord for possession of the unit for noncompliance of the
59 rental agreement or of relevant statutes must comply with s.
60 83.60(2). The court may not set a date for mediation or trial
61 unless the provisions of s. 83.60(2) have been met, but must
62 enter a default judgment for removal of the tenant with a writ
63 of possession to issue immediately if the tenant fails to comply
64 with s. 83.60(2).
65 (c) This subsection does not apply to that portion of rent
66 subsidies received from a local, state, or national government
67 or an agency of local, state, or national government; however,
68 waiver will occur if an action has not been instituted within 45
69 days after the landlord obtains actual knowledge of the
70 noncompliance.
71 Section 3. Subsection (2) of section 83.59, Florida
72 Statutes, is amended to read:
73 83.59 Right of action for possession.—
74 (2) A landlord, the landlord’s attorney, or the landlord’s
75 agent, applying for the removal of a tenant, shall file in the
76 county court of the county where the premises are situated a
77 complaint describing the dwelling unit and stating the facts
78 that authorize its recovery. A landlord’s agent is not permitted
79 to take any action other than the initial filing of the
80 complaint, unless the landlord’s agent is an attorney. The
81 landlord is entitled to the summary procedure provided in s.
82 51.011, and the court shall advance the cause on the calendar.
83 Section 4. Section 83.60, Florida Statutes, is amended to
84 read:
85 83.60 Defenses to action for rent or possession;
86 procedure.—
87 (1)(a) In an action by the landlord for possession of a
88 dwelling unit based upon nonpayment of rent or in an action by
89 the landlord under s. 83.55 seeking to recover unpaid rent, the
90 tenant may defend upon the ground of a material noncompliance
91 with s. 83.51(1), or may raise any other defense, whether legal
92 or equitable, that he or she may have, including the defense of
93 retaliatory conduct in accordance with s. 83.64. The landlord
94 must be given an opportunity to cure a deficiency in a notice or
95 in the pleadings before dismissal of the action.
96 (2)(b) The defense of a material noncompliance with s.
97 83.51(1) may be raised by the tenant if 7 days have elapsed
98 after the delivery of written notice by the tenant to the
99 landlord, specifying the noncompliance and indicating the
100 intention of the tenant not to pay rent by reason thereof. Such
101 notice by the tenant may be given to the landlord, the
102 landlord’s representative as designated pursuant to s. 83.50, a
103 resident manager, or the person or entity who collects the rent
104 on behalf of the landlord. A material noncompliance with s.
105 83.51(1) by the landlord is a complete defense to an action for
106 possession based upon nonpayment of rent, and, upon hearing, the
107 court or the jury, as the case may be, shall determine the
108 amount, if any, by which the rent is to be reduced to reflect
109 the diminution in value of the dwelling unit during the period
110 of noncompliance with s. 83.51(1). After consideration of all
111 other relevant issues, the court shall enter appropriate
112 judgment.
113 (2) In an action by the landlord for possession of a
114 dwelling unit, if the tenant interposes any defense other than
115 payment, including, but not limited to, the defense of a
116 defective 3-day notice, the tenant shall pay into the registry
117 of the court the accrued rent as alleged in the complaint or as
118 determined by the court and the rent that accrues during the
119 pendency of the proceeding, when due. The clerk shall notify the
120 tenant of such requirement in the summons. Failure of the tenant
121 to pay the rent into the registry of the court or to file a
122 motion to determine the amount of rent to be paid into the
123 registry within 5 days, excluding Saturdays, Sundays, and legal
124 holidays, after the date of service of process constitutes an
125 absolute waiver of the tenant’s defenses other than payment, and
126 the landlord is entitled to an immediate default judgment for
127 removal of the tenant with a writ of possession to issue without
128 further notice or hearing thereon. If a motion to determine rent
129 is filed, documentation in support of the allegation that the
130 rent as alleged in the complaint is in error is required. Public
131 housing tenants or tenants receiving rent subsidies are required
132 to deposit only that portion of the full rent for which they are
133 responsible pursuant to the federal, state, or local program in
134 which they are participating.
135 Section 5. Section 83.61, Florida Statutes, is repealed.
136 Section 6. This act shall take effect July 1, 2021.
