Bill Text: FL S0756 | 2017 | Regular Session | Introduced
Bill Title: Rent and Repossession
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-05-05 - Died in Judiciary [S0756 Detail]
Download: Florida-2017-S0756-Introduced.html
Florida Senate - 2017 SB 756 By Senator Rodriguez 37-00419-17 2017756__ 1 A bill to be entitled 2 An act relating to rent and repossession; amending s. 3 83.60, F.S.; requiring a court to conduct a trial 4 within a specified time for certain actions involving 5 repossession of a dwelling unit; authorizing the court 6 to order a tenant to pay certain rent into the 7 registry of the court during pendency of a proceeding 8 if the tenant requests a continuance of a certain 9 duration or a jury trial; requiring the court to 10 schedule the case for immediate trial if such payment 11 is not made; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (2) of section 83.60, Florida 16 Statutes, is amended to read: 17 83.60 Defenses to action for rent or possession; 18 procedure.— 19 (2) In an action by the landlord for possession of a 20 dwelling unit, the court shall conduct the trial within 30 days 21 after service of the complaint. If the tenant requests a 22 continuance of the trial to a date more than 30 days after 23 service of the complaint or requests a jury trial, the court may 24 enter an order requiring the tenant to pay into the registry of 25 the court the rent that accrues during the pendency of the 26 proceeding. If the tenant fails to comply with a court order 27 issued under this subsection, the court shall schedule an 28 immediate trial on the issue of possession, if the tenant29interposes any defense other than payment, including, but not30limited to, the defense of a defective 3-day notice, the tenant31shall pay into the registry of the court the accrued rent as32alleged in the complaint or as determined by the court and the33rent that accrues during the pendency of the proceeding, when34due. The clerk shall notify the tenant of such requirement in35the summons. Failure of the tenant to pay the rent into the36registry of the court or to file a motion to determine the37amount of rent to be paid into the registry within 5 days,38excluding Saturdays, Sundays, and legal holidays, after the date39of service of process constitutes an absolute waiver of the40tenant’s defenses other than payment, and the landlord is41entitled to an immediate default judgment for removal of the42tenant with a writ of possession to issue without further notice43or hearing thereon. If a motion to determine rent is filed,44documentation in support of the allegation that the rent as45alleged in the complaint is in error is required. Public housing 46 tenants or tenants receiving rent subsidies are required to 47 deposit only that portion of the full rent for which they are 48 responsible pursuant to the federal, state, or local program in 49 which they are participating. 50 Section 2. This act shall take effect July 1, 2017.