Florida Senate - 2022 SB 582



By Senator Torres





15-00729-22 2022582__
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 waives a tenant’s defenses other than
5 payment and entitles a landlord to an immediate
6 default judgment for removal of a tenant if the tenant
7 fails to take certain actions in an action by the
8 landlord for possession of a dwelling unit; providing
9 an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (2) of section 83.60, Florida
14 Statutes, is amended to read:
15 83.60 Defenses to action for rent or possession;
16 procedure.—
17 (2) In an action by the landlord for possession of a
18 dwelling unit, if the tenant interposes any defense other than
19 payment, including, but not limited to, the defense of a
20 defective 3-day notice, the tenant shall pay into the registry
21 of the court the accrued rent as alleged in the complaint or as
22 determined by the court and the rent that accrues during the
23 pendency of the proceeding, when due. The clerk shall notify the
24 tenant of such requirement in the summons. Failure of the tenant
25 to pay the rent into the registry of the court or to file a
26 motion to determine the amount of rent to be paid into the
27 registry within 5 days, excluding Saturdays, Sundays, and legal
28 holidays, after the date of service of process constitutes an
29 absolute waiver of the tenant’s defenses other than payment, and
30 the landlord is entitled to an immediate default judgment for
31 removal of the tenant with a writ of possession to issue without
32 further notice or hearing thereon. If a motion to determine rent
33 is filed, documentation in support of the allegation that the
34 rent as alleged in the complaint is in error is required. Public
35 housing tenants or tenants receiving rent subsidies are required
36 to deposit only that portion of the full rent for which they are
37 responsible pursuant to the federal, state, or local program in
38 which they are participating.
39 Section 2. This act shall take effect July 1, 2022.

Statutes affected:
S 582 Filed: 83.60