Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 494
       
       
       
       
       
       
                                Ì736366BÎ736366                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             04/28/2023 10:13 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Torres moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 37
    4  insert:
    5         Section 1. Section 83.67, Florida Statutes, is amended to
    6  read:
    7         83.67 Prohibited practices.—
    8         (1) A landlord of any dwelling unit governed by this part
    9  may shall not cause, directly or indirectly, the termination or
   10  interruption of any utility service furnished to the tenant,
   11  including, but not limited to, water, heat, light, electricity,
   12  gas, elevator, garbage collection, or refrigeration, regardless
   13  of whether or not the utility service is under the control of,
   14  or payment is made by, the landlord.
   15         (2) A landlord of any dwelling unit governed by this part
   16  may shall not prevent the tenant from gaining reasonable access
   17  to the dwelling unit by any means, including, but not limited
   18  to, changing the locks or using any bootlock or similar device.
   19         (3) A landlord of any dwelling unit governed by this part
   20  may shall not discriminate against a servicemember in offering a
   21  dwelling unit for rent or in any of the terms of the rental
   22  agreement.
   23         (4) A landlord of any dwelling unit governed by this part
   24  may not discriminate against a person in offering a dwelling
   25  unit for rent or in any of the terms of the rental agreement
   26  based on the person’s source of income. For purposes of this
   27  subsection, the term “source of income” means the legal gain or
   28  recurrent benefit, often measured in money or currency, paid to
   29  a person or a representative of the person, including, but not
   30  limited to, any form of federal, state, or local public, food,
   31  or housing assistance or subsidy, including assistance provided
   32  through the Supplemental Nutrition Assistance Program
   33  established under 7 U.S.C. ss. 2011 et seq. and the Housing
   34  Choice Voucher program established under 24 C.F.R. part 982.
   35         (5)(4) A landlord may shall not prohibit a tenant from
   36  displaying one portable, removable, cloth or plastic United
   37  States flag, not larger than 4 and 1/2 feet by 6 feet, in a
   38  respectful manner in or on the dwelling unit regardless of any
   39  provision in the rental agreement dealing with flags or
   40  decorations. The United States flag shall be displayed in
   41  accordance with s. 83.52(6). The landlord is not liable for
   42  damages caused by a United States flag displayed by a tenant.
   43  Any United States flag may not infringe upon the space rented by
   44  any other tenant.
   45         (6)(5) A landlord of any dwelling unit governed by this
   46  part may shall not remove the outside doors, locks, roof, walls,
   47  or windows of the unit except for purposes of maintenance,
   48  repair, or replacement; and the landlord may shall not remove
   49  the tenant’s personal property from the dwelling unit unless
   50  such action is taken after surrender, abandonment, recovery of
   51  possession of the dwelling unit due to the death of the last
   52  remaining tenant in accordance with s. 83.59(3)(d), or a lawful
   53  eviction. If provided in the rental agreement or a written
   54  agreement separate from the rental agreement, upon surrender or
   55  abandonment by the tenant, the landlord is not required to
   56  comply with s. 715.104 and is not liable or responsible for
   57  storage or disposition of the tenant’s personal property; if
   58  provided in the rental agreement, there must be printed or
   59  clearly stamped on such rental agreement a legend in
   60  substantially the following form:
   61  
   62  BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON
   63  SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE
   64  DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS
   65  PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT
   66  BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE
   67  TENANT’S PERSONAL PROPERTY.
   68  
   69  For the purposes of this section, abandonment shall be as set
   70  forth in s. 83.59(3)(c).
   71         (7)(6) A landlord who violates any provision of this
   72  section is shall be liable to the tenant for actual and
   73  consequential damages or 3 months’ rent, whichever is greater,
   74  and costs, including attorney attorney’s fees. Subsequent or
   75  repeated violations that are not contemporaneous with the
   76  initial violation are shall be subject to separate awards of
   77  damages.
   78         (8)(7) A violation of this section constitutes irreparable
   79  harm for the purposes of injunctive relief.
   80         (9)(8) The remedies provided by this section are not
   81  exclusive and do not preclude the tenant from pursuing any other
   82  remedy at law or equity that the tenant may have. The remedies
   83  provided by this section shall also apply to a servicemember or
   84  person who is a prospective tenant who has been discriminated
   85  against under subsection (3) or subsection (4).
   86  
   87  ================= T I T L E  A M E N D M E N T ================
   88  And the title is amended as follows:
   89         Delete line 2
   90  and insert:
   91         An act relating to residential tenancies; amending s.
   92         83.67, F.S.; prohibiting a landlord from
   93         discriminating against a person based on the person’s
   94         source of income; defining the term “source of
   95         income”; making technical changes;