Bill Text: FL S1146 | 2010 | Regular Session | Introduced

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Bill Title: Foreclosures [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S1146 Detail]

Download: Florida-2010-S1146-Introduced.html

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Florida Senate - 2010                                    SB 1146 
 
By Senator Constantine 
22-00707A-10                                          20101146__ 
1                        A bill to be entitled 
2         An act relating to foreclosures; creating s. 83.495, 
3         F.S.; providing requirements for landlords following 
4         commencement of a foreclosure action; providing for 
5         security deposits and advance rents to be maintained 
6         in a specified manner; providing for disclosure of the 
7         foreclosure action to prospective tenants; providing 
8         an exception to liability for failure to provide 
9         notice; requiring the grantee of a certificate of 
10         title to the dwelling unit to credit the tenant for 
11         security deposits and advance rents under certain 
12         conditions; creating s. 83.683, F.S.; providing that 
13         the grantee of a certificate of title from the 
14         foreclosure sale of a rental dwelling unit may not 
15         take possession until a specified period after 
16         notifying the occupant of the sale and the intent to 
17         take possession; prescribing the manner of 
18         effectuating the notice; prohibiting the clerk of 
19         court from issuing a writ of possession unless the 
20         grantee submits proof of the notice sent to the 
21         occupant; providing that the notice requirement does 
22         not eliminate certain requirements that may exist to 
23         make an occupant of property a party to a foreclosure 
24         action; proving an effective date. 
25 
26  Be It Enacted by the Legislature of the State of Florida: 
27 
28         Section 1. Section 83.495, Florida Statutes, is created to 
29  read: 
30         83.495 Commencement of foreclosure; disclosure; security 
31  deposits and advance rents.— 
32         (1) After the initial service of the complaint to foreclose 
33  on property rented as a dwelling unit: 
34         (a) The landlord or the landlord’s authorized 
35  representative shall hold as provided under s. 83.49 the money 
36  deposited or advanced by a current or prospective tenant as 
37  security for performance of the rental agreement or as advance 
38  rent. 
39         (b) The landlord or the landlord’s authorized 
40  representative shall disclose to a prospective tenant the 
41  existence of the foreclosure proceedings in the rental agreement 
42  or in another writing before the prospective tenant executes the 
43  rental agreement. The written disclosure shall inform the 
44  prospective tenant that the foreclosure proceedings may affect a 
45  tenant’s right to possess and reside in the dwelling unit and 
46  that the landlord or the landlord’s authorized representative is 
47  required to hold the tenant’s deposit money or advance rent as 
48  provided under s. 83.49. 
49         (2) A landlord’s authorized representative is not liable 
50  for failure to notify a prospective tenant of the foreclosure 
51  proceedings unless the representative received notice of the 
52  existence of the pending foreclosure proceedings from the 
53  landlord. 
54         (3) If the landlord or the landlord’s authorized 
55  representative does not hold the deposit money or advance rent 
56  as provided under s. 83.49 after the property is sold in 
57  foreclosure, the grantee of the certificate of title shall 
58  credit the tenant’s account for any deposit money paid by the 
59  tenant and make claims against the deposit pursuant to the 
60  provision of s. 83.49(1) attributable to the tenant. The grantee 
61  shall also credit the tenant’s account for any advance rent for 
62  an unexpired rental period. The tenant must have documentation 
63  demonstrating the payment of the security deposit or advance 
64  rent in order to receive a credit. 
65         Section 2. Section 83.683, Florida Statutes, is created to 
66  read: 
67         83.683 Possession following foreclosure; notice to occupant 
68  of dwelling unit subject to rental agreement.— 
69         (1) The grantee of a certificate of title from the sale in 
70  foreclosure of a dwelling unit subject to a rental agreement 
71  that is not in default may not obtain a writ of possession until 
72  90 days after the grantee provides notice in writing to the 
73  occupant of the dwelling unit stating that the dwelling unit has 
74  been sold, that the lease is terminated, and that the grantee 
75  desires to take possession of the dwelling unit. 
76         (2) The grantee shall effectuate the notice required by 
77  this section by depositing the notice in United States first 
78  class mail and by sending a duplicate of the notice using 
79  certified mail. 
80         (3) The clerk of the circuit court may not issue a writ of 
81  possession unless the grantee files with the clerk a duplicate 
82  of the notice mailed to the occupant as required by this 
83  section. 
84         (4) This section does not affect any requirement to name 
85  the occupant of a property as a party to a foreclosure action in 
86  order to obtain a writ of possession as part of that action. 
87         Section 3. This act shall take effect July 1, 2010.