FL S0516

Requires property owners in foreclosure proceedings or with mortgage payments more than 60 days in arrears to notify tenants by certified mail within 5 business days of the foreclosure or arrears date.

Prohibits knowingly leasing such properties unless prospective tenants sign a notarized statement acknowledging the foreclosure or arrears status and waiving claims against the landlord for resulting damages.

Requires landlords to provide a copy of the notarized waiver statement to the mortgage holder.

Establishes that leases violating these notice and statement requirements are presumed fraudulent and voidable at the lessee's option within 1 year, though landlords may overcome this presumption with clear and convincing evidence of tenant knowledge.

Establishes criminal penalties of up to $5,000 fine for knowing violations, with each dwelling unit in multi-unit properties constituting a separate offense, effective October 1, 2013.