Senate Bill 582 (2022) — Payments made into the registry of the court
SB 582
Florida Bills
Florida Senate - 2022 SB By Senator Torres 15-00729-22 2022582__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to payments made into the registry of the court; amending s. 83.60, F.S.; removing a provision that waives a tenant’s defenses other than payment and entitles a landlord to an immediate default judgment for removal of a tenant if the tenant fails to take certain actions in an action by the landlord for possession of a dwelling unit; providing an effective date. 9
Be It Enacted by the Legislature of the State of Florida: 11
Section 1. Subsection (2) of
section 83.60, Florida Statutes, is amended to read: 14 83.60 Defenses to action for rent or possession; 15 procedure.— 16
(2) In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not limited to, the defense of a defective 3-day notice, the tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due. The clerk shall notify the tenant of such requirement in the summons.
Failure of the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid into the registry within days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant’s defenses other than payment, and Florida Senate - 2022 SB 582 15-00729-22 2022582__ CODING: Words stricken are deletions; words underlined are additions. the landlord is entitled to an immediate default judgment for removal of the tenant with a writ of possession to issue without further notice or hearing thereon.
If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. Public housing tenants or tenants receiving rent subsidies are required to deposit only that portion of the full rent for which they are responsible pursuant to the federal, state, or local program in which they are participating. 38