F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 6005 2022
1 A bill to be entitled
2 An act relating to payments made into the registry of
3 the court; amending s. 83.60, F.S.; removing a
4 provision that the failure of a tenant to make certain
5 payments into the registry of the court within a
6 certain timeframe constitutes an absolute waiver of
7 specified defenses, entitling the landlord to a writ
8 of possession without further action; amending s.
9 83.56, F.S.; conforming provisions to changes made by
10 the act; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (2) of section 83.60, Florida
15 Statutes, is amended to read:
16 83.60 Defenses to action for rent or possession;
17 procedure.—
18 (2) In an action by the landlord for possession of a
19 dwelling unit, if the tenant interposes any defense other than
20 payment, including, but not limited to, the defense of a
21 defective 3-day notice, the tenant shall pay into the registry
22 of the court the accrued rent as alleged in the complaint or as
23 determined by the court and the rent that accrues during the
24 pendency of the proceeding, when due. The clerk shall notify the
25 tenant of such requirement in the summons. Failure of the tenant
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26 to pay the rent into the registry of the court or to file a
27 motion to determine the amount of rent to be paid into the
28 registry within 5 days, excluding Saturdays, Sundays, and legal
29 holidays, after the date of service of process constitutes an
30 absolute waiver of the tenant's defenses other than payment, and
31 the landlord is entitled to an immediate default judgment for
32 removal of the tenant with a writ of possession to issue without
33 further notice or hearing thereon. If a motion to determine rent
34 is filed, documentation in support of the allegation that the
35 rent as alleged in the complaint is in error is required. Public
36 housing tenants or tenants receiving rent subsidies are required
37 to deposit only that portion of the full rent for which they are
38 responsible pursuant to the federal, state, or local program in
39 which they are participating.
40 Section 2. Paragraph (b) of subsection (5) of section
41 83.56, Florida Statutes, is amended to read:
42 83.56 Termination of rental agreement.—
43 (5)
44 (b) Any tenant who wishes to defend against an action by
45 the landlord for possession of the unit for noncompliance of the
46 rental agreement or of relevant statutes must comply with s.
47 83.60(2). The court may not set a date for mediation or trial
48 unless the provisions of s. 83.60(2) have been met, but must
49 enter a default judgment for removal of the tenant with a writ
50 of possession to issue immediately if the tenant fails to comply
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51 with s. 83.60(2).
52 Section 3. This act shall take effect July 1, 2022.
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Statutes affected: H 6005 Filed: 83.60, 83.56