Senate Bill 1914

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    Florida Senate - 1998                                  SB 1914

    By Senator Dyer





    14-1502-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to affordable residential

  3         accommodations establishments; creating ss.

  4         510.011, 510.013, 510.021, 510.032, 510.033,

  5         510.034, 510.036, 510.037, 510.038, 510.041,

  6         510.042, 510.101, 510.105, 510.111, 510.121,

  7         510.122, 510.123, 510.131, 510.132, 510.133,

  8         510.134, 510.136, 510.138, 510.141, 510.142,

  9         510.143, 510.151, 510.161, 510.162, 510.191,

10         510.201, 510.211, 510.212, 510.215, 510.221,

11         510.241, 510.245, 510.247, 510.251, 510.261,

12         510.262, 510.265, 510.281, 510.282, 510.285,

13         510.401, 510.402, 510.403, 510.404, 510.405,

14         510.406, 510.407, 510.408, 510.409, 510.411,

15         510.412, 510.413, 510.414, 510.415, 510.416,

16         and 510.417, F.S.; providing a short title;

17         providing definitions; providing application;

18         providing duties of the Department of Children

19         and Family Services; providing for

20         nondiscrimination; providing for form and

21         service of notices; providing for a right of

22         entry; specifying the relationship of resident

23         and proprietor; specifying certain rights;

24         providing for rules; providing for variances;

25         providing penalties; providing for state

26         preemption; providing for establishment of

27         certain rules; providing for notice; requiring

28         maintenance of a register; specifying an

29         obligation of good faith; providing for

30         disclosure; providing for rent; providing for

31         duration of tenancies; providing for rental

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         rates; providing for posting and advertising of

  2         rates; providing penalties; providing for

  3         access by residents; specifying a proprietor's

  4         obligation to maintain premises; providing for

  5         liability for property of residents; specifying

  6         a resident's obligation to maintain a dwelling

  7         unit; providing for proprietor's access to a

  8         dwelling unit; providing for casualty damage;

  9         providing a right of action for damages;

10         specifying conduct on certain premises;

11         providing for refusal of service; providing for

12         proprietor's rights relating to disorderly

13         conduct on premises; providing for detention

14         and arrest; providing certain immunity from

15         liability; prohibiting obtaining lodging

16         fraudulently; providing a penalty; providing

17         for rules of evidence in prosecutions;

18         providing for rights of a proprietor relating

19         to theft of property; providing for detention

20         and arrest; providing penalties; providing a

21         penalty for employee theft; providing for

22         disposition of unclaimed property; providing

23         for telephone surcharges under certain

24         circumstances; providing for firesafety;

25         specifying safety regulations; authorizing the

26         department to adopt rules for certain

27         buildings; providing for inspection; specifying

28         sanitary regulations; requiring a permit to

29         operate; providing penalties under certain

30         circumstances; specifying allocation of

31         proceeds; specifying permit as prerequisite for

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         certain local permits; providing for issuance

  2         of permits; providing for permit fees;

  3         providing for revocation of permits; providing

  4         for fines; providing procedures; specifying

  5         certain prohibited acts; providing for

  6         application; providing for complaints by

  7         aggrieved parties; providing for prosecution

  8         for certain violations; providing duties of the

  9         State Attorney; providing penalties; providing

10         for enforcement; providing for issuing

11         citations; requiring certain persons to assist

12         the department in enforcement; providing a

13         proprietor's right to lockout and interruption

14         of utilities under certain circumstances;

15         providing for a proprietor's right to recover

16         premises; providing for a writ of distress;

17         providing for venue and jurisdiction; providing

18         for certain complaints; providing requirements;

19         providing for a prejudgment writ of distress;

20         providing levy under a writ of distress;

21         specifying the form of such writ; providing for

22         inventory under such writ; providing exemptions

23         from such writ; providing for third party

24         claims under such writ; providing for judgment

25         for the plaintiff under certain circumstances;

26         providing for judgment for the defendant under

27         certain circumstances; providing for sale of

28         certain property under certain circumstances;

29         providing an effective date.

30

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         Section 1.  Chapter 510, Florida Statutes, consisting

  2  of sections 510.011, 510.013, 510.021, 510.032, 510.033,

  3  510.034, 510.036, 510.037, 510.038, 510.041, 510.042, 510.101,

  4  510.105, 510.111, 510.121, 510.122, 510.123, 510.131, 510.132,

  5  510.133, 510.134, 510.136, 510.138, 510.141, 510.142, 510.143,

  6  510.151, 510.161, 510.162, 510.191, 510.201, 510.211, 510.212,

  7  510.215, 510.221, 510.241, 510.245, 510.247, 510.251, 510.261,

  8  510.262, 510.265, 510.281, 510.282, 510.285, 510.401, 510.402,

  9  510.403, 510.404, 510.405, 510.406, 510.407, 510.408, 510.409,

10  510.411, 510.412, 510.413, 510.414, 510.415, 510.416, and

11  510.417, Florida Statutes, is created to read:

12         510.011  Short title.--This chapter may be cited as the

13  "Florida Affordable Residential Accommodations Act."

14         510.013  Definitions.--As used in this chapter, unless

15  the context clearly indicates otherwise:

16         (1)  "Advance rent" means moneys paid to the proprietor

17  to be applied to future rent payment periods, but does not

18  include rent paid in advance for a current rent payment

19  period.

20         (2)(a)  "Affordable residential accommodations

21  establishment" means any permitted unit or group of units,

22  single complex of buildings, dwelling, building or group of

23  buildings, structure, barrack, or dormitory, and the land

24  appurtenant to such edifice, constructed, established, or

25  operated as housing which is affordable to low-income

26  individuals and families who are transient, migrant, seasonal,

27  or temporary workers.

28         (b)  The following are excluded from the definition in

29  paragraph (a):

30

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         1.  Any dormitory or other living or sleeping facility

  2  maintained by a public or private school, college, or

  3  university for the use of students, faculty, or visitors;

  4         2.  Any hospital, nursing home, sanitarium, assisted

  5  living facility, adult congregate living facility, or other

  6  similar place;

  7         3.  Any place renting four rental units or less, unless

  8  the rental units are advertised or held out to the public to

  9  be places that are affordable residential accommodations;

10         4.  Any dwelling unit licensed under chapter 509;

11  however, licensed public lodging facilities are presumed to

12  meet all requirements of rules adopted pursuant to ss.

13  510.212, 510.215, and 510.221 for purposes of obtaining a

14  permit to operate an affordable residential accommodation.

15         (3)  "Building code," "housing code," and "health code"

16  means any law, ordinance, or governmental regulation

17  concerning health, safety, sanitation, or fitness for

18  habitation or the construction, maintenance, operation,

19  occupancy, use, or appearance of any dwelling unit.

20         (4)  "Common areas" means that portion of an affordable

21  residential accommodation not included within private living

22  quarters and where residents of affordable residential

23  accommodations generally congregate.

24         (5)  "Department" means the Department of Children and

25  Family Services and its representative county public health

26  units.

27         (6)  "Deposit money" means any money held by the

28  proprietor on behalf of the resident, including, but not

29  limited to, a damage deposit, security deposit, advance rent

30  deposit, pet deposit, or any contractual deposit agreed to

31  between proprietor and resident, either in writing or orally.

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         (7)  "Director" means the Secretary of the Department

  2  of Children and Family Services.

  3         (8)  "Dwelling unit" means:

  4         (a)  A structure or part of a structure that is rented

  5  for use as a home, residence, or sleeping place by one person

  6  or by two or more persons who maintain a common household.

  7         (b)  A mobile home rented by a resident.

  8         (c)  A structure or part of a structure that is

  9  furnished, with or without rent, as an incident of employment

10  for use as a home, residence, or sleeping place by one or more

11  persons.

12         (9)  "Good faith" means honesty in fact in the conduct

13  or transaction concerned.

14         (10)  "Invited resident" means any person who is

15  invited by a resident to an affordable residential

16  accommodation to visit that resident.

17         (11)  "Other authorized visitors" means any person,

18  other than an invited resident, who is:

19         (a)  A federal, state, county, or municipal government

20  official;

21         (b)  A physician or other health care provider whose

22  sole purpose is to provide medical care or medical

23  information;

24         (c)  A representative of a bona fide religious

25  organization who, during the visit, is engaged in the vocation

26  or occupation of a religious professional or worker such as a

27  minister, priest, or nun and visiting a person known to be a

28  resident;

29         (d)  A representative of a nonprofit legal services

30  organization, who must comply with the Code of Professional

31  Conduct of The Florida Bar; or

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         (e)  Any other person who provides services for

  2  residents which are funded in whole or in part by local,

  3  state, or federal funds but who does not conduct or attempt to

  4  conduct solicitations.

  5         (12)  "Personal hygiene facilities" means adequate

  6  facilities for providing hot water at a minimum of 110 degrees

  7  Fahrenheit for bathing and dishwashing purposes, and an

  8  adequate and convenient approved supply of potable water

  9  available at all times in each affordable residential

10  accommodation for drinking, culinary, bathing, dishwashing,

11  and laundry purposes.

12         (13)  "Premises" means a dwelling unit and the

13  structure of which it is a part and the appurtenant facilities

14  and grounds, areas, facilities, and property held out for the

15  use of residents of affordable residential accommodations

16  generally.

17         (14)  "Private living quarters" means a building or

18  portion of a building, dormitory, or barracks, including its

19  bathroom facilities, or a similar type of sleeping and

20  bathroom area, which is a home, residence, or sleeping place

21  for a resident of an affordable residential accommodation.

22         (15)  "Proprietor" means the owner, proprietor,

23  licensee, lessor, manager, assistant manager, or appointed

24  agent of an affordable residential accommodation.

25         (16)  "Rent" means the periodic payments due the

26  proprietor from the resident for a license for the use and

27  occupancy of an affordable residential accommodation under a

28  rental agreement and any other payments due the proprietor

29  from the resident as may be designated as rent in a written

30  rental agreement.

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         (17)  "Rental agreement" means any written agreement,

  2  or oral agreement providing for a license to use and occupy a

  3  unit of the premises.

  4         (18)  "Resident" means any patron, customer, resident,

  5  lodger, boarder, lessee, or occupant who has paid for a

  6  license for the use and occupancy of an affordable residential

  7  accommodation.

  8         (19)  "Security deposits" means any moneys held by the

  9  proprietor as security for the performance of the rental

10  agreement, including, but not limited to, monetary damage to

11  the proprietor caused by the resident's breach of lease prior

12  to the expiration thereof.

13         (20)  "Single complex of buildings" means all buildings

14  or structures that are owned, managed, controlled, or operated

15  under one business name and are situated on the same tract or

16  plot of land that is not separated by a public street or

17  highway.

18         (21)  "Smoke detection device" means an electrical or

19  battery operated device which detects visible or invisible

20  particles of combustion and which is listed by Underwriters

21  Laboratories, Inc., Factory Mutual Laboratories, Inc., or any

22  other nationally recognized testing laboratory using

23  nationally accepted testing standards.

24         (22)  "Tenant" means a resident.

25         510.021  Affordable Residential Accommodations Trust

26  Fund; collection and disposition of moneys received.--The

27  Affordable Residential Accommodations Trust Fund created by HB

28        shall be used for the administration and operation of

29  the department and the carrying out of all laws and rules

30  under the jurisdiction of the department pertaining to the

31  construction, maintenance, and operation of affordable

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  residential accommodations, including the inspection of

  2  elevators as required under chapter 399.  All funds collected

  3  by the department and the amounts paid for permits and fees

  4  shall be deposited in the State Treasury into the Affordable

  5  Residential Accommodations Trust Fund.

  6         510.032  Application.--This chapter applies solely to

  7  affordable residential accommodations.  The provisions of this

  8  chapter may be used only for permitted dwelling units and

  9  shall not be used to circumvent the requirements of part II of

10  chapter 83 or part I of chapter 509.  This chapter shall not

11  be read in pari materia with part II of chapter 83 or part I

12  of chapter 509.

13         510.033  Duties.--

14         (1)  GENERAL.--The department shall carry out all of

15  the provisions of this chapter and all other applicable laws

16  and rules relating to the inspection or regulation of

17  affordable residential accommodations for the purpose of

18  safeguarding the public health, safety, and welfare.  The

19  department shall be responsible for ascertaining that a

20  proprietor permitted under this chapter does not engage in any

21  misleading advertising or unethical practices.

22         (2)  INSPECTION OF PREMISES.--The department has

23  responsibility and jurisdiction for all inspections required

24  by this chapter.  The department has responsibility for

25  quality assurance.  Each permitted accommodation shall be

26  inspected at least biannually and at such other times as the

27  department determines is necessary to ensure the public's

28  health, safety, and welfare.  The department shall establish a

29  system to determine inspection frequency.  If, during the

30  inspection of an affordable residential accommodation, an

31  inspector identifies elderly or disabled individuals who

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  appear to be victims of neglect, as defined in s. 415.102, or,

  2  in the case of a building that is not equipped with automatic

  3  sprinkler systems, residents or clients who may be unable to

  4  self-preserve in an emergency, the department shall convene

  5  meetings with the following agencies as appropriate to the

  6  individual situation: the Department of Elderly Affairs, the

  7  area agency on aging, the local fire marshal, the proprietor

  8  and affected residents and clients, and other relevant

  9  organizations, to develop a plan which improves the prospects

10  for safety of affected residents and, if necessary, identifies

11  alternative living arrangements such as facilities permitted

12  under part II or part III of chapter 400.

13         (3)  Reports required.--The department shall send the

14  Governor a written report at the end of each fiscal year,

15  which report shall state, but not be limited to, the total

16  number of inspections conducted by the department to ensure

17  the enforcement of the provisions of this chapter and any

18  recommendations for improved inspection procedures.  The

19  department shall also keep accurate account of all expenses

20  arising out of the performance of its duties and all fees

21  collected under this chapter.

22         (4)  Rulemaking authority.--The department shall adopt

23  such rules as are necessary to carry out the provisions of

24  this chapter.

25         510.034  Nondiscrimination.--

26         (1)  The Legislature declares that it is the policy of

27  this state that each county and municipality must permit and

28  encourage the development and use of a sufficient number of

29  affordable residential accommodations to meet local needs.

30  The Legislature further finds that discriminatory practices

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  that inhibit the development of affordable residential

  2  accommodations are a matter of state concern.

  3         (2)  Any proprietor of housing which has qualified for

  4  a permit to operate, or who would qualify for a permit based

  5  upon plans submitted to the department, or the residents or

  6  intended residents of such housing may invoke the provisions

  7  of this chapter.

  8         (3)  A municipality or county may not enact or

  9  administer local land use ordinances to prohibit or

10  discriminate against the development and use of affordable

11  residential accommodations because of the occupation, race,

12  sex, color, religion, national origin, or income of the

13  intended residents.

14         (4)  This chapter does not prohibit the imposition of

15  local property taxes, water service and garbage collection

16  fees, normal inspection fees, local bond assessments, or other

17  fees, charges, or assessments to which other dwellings of the

18  same type in the same zone are subject.

19         (5)  This chapter does not prohibit a municipality or

20  county from extending preferential treatment to affordable

21  residential accommodations, including, without limitation, fee

22  reductions or waivers or changes in architectural

23  requirements, site development or property line requirements,

24  or vehicle parking requirements that reduce the development

25  costs of affordable residential accommodations.

26         (6)  The collection of sales tax, tourist development

27  tax, or any other excise tax on the rents paid by residents of

28  affordable residential accommodations is prohibited.  The

29  rental of an affordable residential accommodation dwelling

30  unit is not a taxable privilege.  This subsection shall not be

31  used to otherwise circumvent the provisions of s. 212.03 by

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  facilities not permitted as affordable residential

  2  accommodations, or other taxing statutes.

  3         510.036  Notices; form and service.--Each notice served

  4  by the department pursuant to this chapter must be in writing

  5  and must be delivered personally by an agent of the department

  6  or by registered or certified mail to the proprietor of the

  7  affordable residential accommodation.  If the proprietor

  8  refuses to accept service or evades service or the agent is

  9  otherwise unable to effect service after due diligence, the

10  department may post such notice in a conspicuous place at the

11  accommodation.  Any person who willfully refuses to sign and

12  accept a citation issued by the department commits a

13  misdemeanor of the second degree, punishable as provided in s.

14  775.082 or s. 775.083.

15         510.037  Right of entry.--The department or its

16  inspectors may enter and inspect affordable residential

17  accommodations at reasonable hours and investigate such facts,

18  conditions, and practices or matters as are necessary or

19  appropriate to determine whether any person has violated any

20  provisions of applicable statutes or rules adopted pursuant

21  thereto by the department.  The right of entry extends to any

22  premises that the department has reason to believe is being

23  established, maintained, or operated as an affordable

24  residential accommodation without a permit, but such entry may

25  not be made without the permission of the owner, person in

26  charge, or resident thereof, unless an inspection warrant is

27  first obtained from the circuit court authorizing the entry.

28  Any application for a permit made under s. 510.032 constitutes

29  permission for, and complete acquiescence in, any entry or

30  inspection of the premises for which the permit is sought, to

31  verify the information submitted on or in connection with the

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  application; to discover, investigate, and determine the

  2  existence of any violation of this chapter or rules adopted

  3  under this chapter; or to elicit, receive, respond to, and

  4  resolve complaints.  Any current valid permit constitutes

  5  unconditional permission for, and complete acquiescence in,

  6  any entry or inspection of the premises by authorized

  7  personnel.  The department may from time to time publish the

  8  reports of such inspections.

  9         510.038  Affordable residential accommodations;

10  relationship of resident and proprietor; rights as private

11  enterprises.--

12         (1)  Affordable residential accommodations are private

13  enterprises, and the proprietor has the right to refuse

14  accommodations or service to any person who is objectionable

15  or undesirable to the proprietor, but such refusal may not be

16  based upon race, creed, color, sex, physical disability, or

17  national origin.  A person aggrieved by a violation of this

18  chapter or a violation of a rule adopted under this chapter

19  has a right of action pursuant to s. 760.11.

20         (2)  No landlord-tenant relationship exists between an

21  affordable residential accommodation and the resident.

22         (3)  An affordable residential accommodation licenses

23  the use and occupancy of the premises. The relationship

24  between the resident and the proprietor is that of licensee

25  and licensor.

26         (4)  The license provides the resident with a personal

27  privilege, not assignable, and does not operate to confer on,

28  or vest in, a licensee any title, interest, or estate in the

29  property of the proprietor.

30

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         (5)  A resident shall not achieve the status of

  2  residential tenant with property rights in the premises

  3  regardless of the length of occupancy.

  4         510.041  Rules; variances; penalties.--

  5         (1)  The department shall adopt rules necessary to

  6  protect the health and safety of residents of affordable

  7  residential accommodations and to implement the provisions of

  8  this chapter.  These rules must include provisions relating to

  9  plan review of the construction of new, expanded, or remodeled

10  affordable residential accommodations, personal hygiene

11  facilities, lighting, sewage disposal, safety, minimum living

12  space per occupant, bedding, insect and rodent control,

13  garbage, heating equipment, water supply, maintenance and

14  operation of affordable residential accommodations, and such

15  other matters as the department finds to be appropriate or

16  necessary to protect the life and health of the residents.

17         (2)  A proprietor may apply for a permanent structural

18  variance from the department's rules by filing a written

19  application and paying a fee set by the department, not to

20  exceed $100.  This application must:

21         (a)  Clearly specify the standard from which the

22  variance is desired;

23         (b)  Provide adequate justification that the variance

24  is necessary to obtain a beneficial use of an existing

25  facility and to prevent a practical difficulty or unnecessary

26  hardship; and

27         (c)  Clearly set forth the specific alternative

28  measures that the proprietor has taken to protect the health

29  and safety of occupants and adequately show that the

30  alternative measures have achieved the same result as the

31  standard from which the variance is sought.

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1

  2  The provisions of this subsection shall be liberally

  3  construed.

  4         (3)  Any variance granted by the department must be in

  5  writing, must state the standard involved, and must state as

  6  conditions of the variance the specific alternative measures

  7  taken to protect the health and safety of the occupants.  In

  8  denying the request, the department must provide written

  9  notice under ss. 120.569 and 120.57 of the applicant's right

10  to an administrative hearing to contest the denial within 21

11  days after the date of receipt of the notice.

12         (4)  The department shall inspect affordable

13  residential accommodations whenever necessary to respond to an

14  emergency or epidemiological condition.

15         510.042  Preemption authority.--The regulation and

16  inspection of affordable residential accommodations is

17  preempted to the state.

18         510.101  Establishment of rules; posting of notice;

19  maintenance of resident register.--

20         (1)  Any proprietor of an affordable residential

21  accommodation may establish reasonable rules and regulations

22  for the management of the accommodation and its residents and

23  employees; and each resident or employee staying, sojourning,

24  or employed in the accommodation shall conform to and abide by

25  such rules and regulations so long as the resident or employee

26  remains in or at the accommodation.  Such rules and

27  regulations shall be deemed to be a special contract between

28  the proprietor and each resident or employee using the

29  services or facilities of the proprietor.  Such rules and

30  regulations shall control the liabilities, responsibilities,

31  and obligations of all parties.  Any rules or regulations

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  established pursuant to this chapter shall be printed and

  2  posted in a prominent place within such affordable residential

  3  accommodation. Such posting shall also include notice that a

  4  current copy of this chapter is available in the office for

  5  public review.  The proprietor shall review the rules and

  6  regulations with each registering tenant at the time of

  7  registration and shall provide a copy of such rules and

  8  regulations to the residents of each dwelling at the beginning

  9  of their initial rental period.  Rules and regulations must be

10  in writing, posted, and provided to residents of each dwelling

11  unit in order to be enforceable.

12         (2)  It is the duty of each proprietor of an affordable

13  residential accommodation to maintain at all times a register,

14  signed by or for residents who occupy rental units within the

15  accommodation, showing the dates upon which the rental units

16  were occupied by such residents and the rates charged for

17  their occupancy.  This register shall be maintained in

18  chronological order and available for inspection by the

19  department at any time.  Proprietors need not make available

20  registers which are more than 2 years old.  Each proprietor

21  shall maintain at all times a current copy of this chapter in

22  the office of the permitted accommodation which shall be made

23  available to the public upon request.  Written rental

24  agreements, if any, must be maintained in the same manner and

25  for the same term as, and must include all information on, the

26  registration.

27         510.105  Obligation of good faith.--Every rental

28  agreement or duty within this part imposes an obligation of

29  good faith in its performance or enforcement.

30         510.111  Disclosure.--

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         (1)  The proprietor shall disclose in writing to the

  2  residents of each unit, at or before the commencement of the

  3  tenancy, the name and address of the proprietor or a person

  4  authorized to receive notices and demands in the proprietor's

  5  behalf.  The person so authorized to receive notices and

  6  demands retains authority until the resident is notified

  7  otherwise.  All notices of changes thereto shall be delivered

  8  to the resident's residence or, if specified in writing by the

  9  resident, to any other address.  The disclosure may be made a

10  part of a rule adopted under s. 510.101(1).

11         (2)  The proprietor, upon completion of construction of

12  a building exceeding three stories in height and containing

13  dwelling units, shall disclose to the residents initially

14  moving into the building the availability or lack of

15  availability of fire protection.

16         510.121  Rent; duration of tenancies.--Unless otherwise

17  agreed, rent is payable without demand or notice on the day

18  and hour agreed upon in the rental agreement, periodic rent is

19  payable at the beginning of each rent payment period, and rent

20  is uniformly apportionable from day to day when paid as

21  advance rent, otherwise a daily rate may be charged which may

22  be no more than twice the proportionate rent.  Late payment

23  fees may be charged for untimely rent payments not exceeding

24  15 percent of the periodic rent.  Late fees may not be applied

25  to daily rates or when a resident is renting by the day.

26         510.122  Room rental rates; posting; advertising;

27  penalties.--

28         (1)  In each affordable residential accommodation

29  renting by the day or week there shall be posted in a plainly

30  legible fashion, in a conspicuous place in the rental office

31  of the accommodation, the rates at which each such unit is

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  rented.  Such posting shall show the maximum amount charged

  2  for occupancy per person; the amount charged for extra

  3  conveniences, more complete accommodations, or additional

  4  furnishings.  Copies of the posted rate schedules for all

  5  similar rental units in each accommodation shall be filed with

  6  the department at least 5 days before such rates are to become

  7  effective and shall be kept current.  The rates posted in the

  8  accommodation may not exceed those on file with the

  9  department, and an accommodation may not charge more than the

10  rates posted in the accommodation and filed with the

11  department.

12         (2)(a)  A proprietor may not display or cause to be

13  displayed any sign which may be seen from a public highway or

14  street, which sign includes a statement or numbers relating to

15  the rates charged at an affordable residential accommodation

16  renting by the day or week, unless such sign includes, in

17  letters and figures of similar size and prominence, the

18  following words:  "Affordable Residential Accommodations."  A

19  sign may not be displayed which includes a statement or

20  numbers which appear to relate to the rate charged at an

21  affordable residential accommodation when in fact the

22  statement or numbers do not relate to such rates. A sign may

23  not be displayed which uses the words, "motel," "hotel," or

24  other indications that the facility caters to the traveling

25  public or is licensed under chapter 509, unless there are

26  dwelling units on the premises properly licensed under chapter

27  509.

28         (b)  An advertisement may not be published that

29  contains false or misleading statements about any affordable

30  residential accommodation.

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         (3)  Any proprietor of any affordable residential

  2  accommodation who violates, or causes to be violated, any of

  3  the provisions of this section commits a misdemeanor of the

  4  second degree, punishable as provided in s. 775.082 or s.

  5  775.083.  In addition to the criminal penalty, the permit of

  6  any affordable residential accommodation may be suspended or

  7  revoked by the department, or the department may impose fines

  8  on the permit, in accordance with the provisions of s.

  9  510.261, when the proprietor of such accommodation is

10  determined by the department to have violated any provision of

11  this section.  It is not necessary that the offender be

12  convicted of violating this section as a condition precedent

13  to the suspension or revocation of such license or the

14  imposition of a civil penalty by the department.

15         510.123  Access to affordable residential

16  accommodations by guests.--

17         (1)  RIGHT OF ACCESS OF INVITED GUEST.--A resident of

18  an affordable residential accommodation may decide who may

19  visit him or her in the resident's private living quarters.  A

20  proprietor may not prohibit or attempt to prohibit an invited

21  guest access to or egress from the private living quarters of

22  the resident who invited the guest by the erection or

23  maintenance of any physical barrier, by physical force or

24  violence, by threat of force or violence, or by any verbal

25  order or notice given in any manner, except for any violation

26  by the guest of s. 510.143. Any invited guest must leave the

27  private living quarters upon the reasonable request of a

28  resident residing within the same private living quarters.  No

29  resident shall invite a person onto the premises who has been

30  issued a trespass warrant by a law enforcement officer.

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         (2)  RIGHT OF ACCESS OF OTHERS.--Other authorized

  2  visitors have a right of access to or egress from the common

  3  areas of an affordable residential accommodation as provided

  4  in this subsection.  A person may not prohibit or attempt to

  5  prohibit other visitors access to or egress from the common

  6  areas of an affordable residential accommodation by the

  7  erection or maintenance of any physical barrier, by physical

  8  force or violence, by threat of force or violence, or by any

  9  verbal order or notice given in any manner, except as provided

10  in this chapter. Proprietors of affordable residential

11  accommodations may adopt reasonable rules regulating hours of

12  access to housing, if such rules permit at least 4 hours of

13  access each day during nonworking hours Monday through

14  Saturday and between the hours of 12 noon and 8 p.m. on

15  Sunday.  Any other authorized visitor must leave the private

16  living quarters upon the reasonable request of a person who

17  resides in the same private living quarters.

18         (3)  CIVIL ACTION.--Any person prevented from

19  exercising rights guaranteed by this chapter may bring an

20  action in the appropriate court of the county in which the

21  alleged infringement occurred; and, upon favorable

22  adjudication, the court shall enjoin the enforcement of any

23  rule, practice, or conduct that operates to deprive the person

24  of such rights.

25         (4)  CIVIL LIABILITY.--Other visitors are licensees,

26  not residents or invitees, for purposes of any premises

27  liability.

28         (5)  OTHER RULES.--The proprietor may require invited

29  residents and other visitors to check in before entry and to

30  present picture identification. An affordable residential

31  accommodation may adopt other rules regulating access to an

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  accommodation only if the rules are reasonably related to the

  2  purpose of promoting the safety, welfare, or security of

  3  residents, visitors, or the proprietor's business.

  4         (6)  POSTING REQUIRED.--Rules relating to access are

  5  unenforceable unless the rules have been conspicuously posted

  6  in the affordable residential accommodation, have been given

  7  to each resident at the beginning of residency, and a copy has

  8  been furnished to the department.

  9         (7)  LIMITATIONS.--This section does not create a

10  general right of solicitation in affordable residential

11  accommodations.  This section does not prohibit the erection

12  or maintenance of a fence around an affordable residential

13  accommodation if one or more unlocked gates or gateways in the

14  fence are provided; nor does this section prohibit posting the

15  land adjacent to an affordable residential accommodation if

16  access to the accommodation is clearly marked; nor does this

17  section restrict residents residing within the same living

18  quarters from imposing reasonable restrictions on their fellow

19  residents to accommodate reasonable privacy and other concerns

20  of the residents.

21         510.131  Proprietor's obligation to maintain

22  premises.--

23         (1)  The proprietor at all times during the tenancy

24  shall:

25         (a)  Comply with the requirements of applicable

26  building, housing, and health codes; or

27         (b)  Where there are no applicable building, housing,

28  or health codes, maintain the roofs, windows, screens, doors,

29  floors, steps, porches, exterior walls, foundations, and all

30  other structural components in good repair and capable of

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  resisting normal forces and loads and the plumbing in

  2  reasonable working condition; and

  3         (c)  Comply with the requirements of this section.

  4

  5  The proprietor's obligations under this subsection may be

  6  altered or modified in writing with respect to a single-family

  7  home or duplex.

  8         (2)(a)  Unless otherwise agreed in writing, in addition

  9  to the requirements of subsection (1), the proprietor of a

10  dwelling unit other than a single-family home or duplex shall,

11  at all times during the tenancy, make reasonable provisions

12  for:

13         1.  Locks and keys.

14         2.  The clean and safe condition of common areas.

15         3.  Garbage removal and outside receptacles therefor.

16         4.  Properly functioning facilities for heat during

17  winter, running water, and hot water.

18         5.  Floor coverings in good condition for all floors of

19  vinyl, asphalt tile, carpet, or some other commercial floor

20  covering, but not including paint.

21         6.  Curtains, drapes, or blinds in good operating

22  condition for all windows in the dwelling unit.

23         7.  Adequate furniture for each room of each dwelling

24  unit with minimum requirements as follows:

25         a.  Living room, if any:  couch, end table, easy chair,

26  lamp.

27         b.  Each bedroom:  double bed or two single beds,

28  chest-of-drawers, bedside table with two drawers, lamp.

29         c.  Kitchen, if any:  dining table, seating facilities

30  for each resident in the unit, properly functioning electric

31  or gas range no smaller than 20 inches in width, properly

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  functioning refrigerator with no less than 10 cubic feet of

  2  refrigerated area, adequate cabinets, and sink.

  3

  4  At the sole discretion of the proprietor, residents may

  5  provide their own furniture upon request made by the resident.

  6         8.  The extermination of rats, mice, roaches, ants,

  7  wood-destroying organisms, and bed bugs.  When vacation of the

  8  premises is required for such extermination, the proprietor

  9  shall not be liable for damages but shall abate the rent.  The

10  resident shall be required to temporarily vacate the premises

11  for a period of time not to exceed 4 days, on 7 days' written

12  notice, if necessary, for extermination pursuant to this

13  subparagraph.

14         (b)  Unless otherwise agreed in writing, at the

15  commencement of the tenancy of a single-family home or duplex,

16  the proprietor shall install working smoke detection devices.

17         (c)  Nothing in this section authorizes the resident to

18  raise a noncompliance by the proprietor with this subsection

19  as a defense to an action for possession under s. 510.141 or

20  any other provision of law.

21         (d)  Nothing contained in this subsection prohibits the

22  proprietor from providing in the rental agreement that the

23  resident is obligated for the costs or charges for garbage

24  removal, water, fuel, or utilities when in excess of the

25  allowable amount shown on the rental agreement as the

26  reasonable utility costs for the dwelling unit occupied by the

27  resident.

28         (3)  The proprietor is not responsible to the resident

29  under this section for conditions created or caused by the

30  negligent or wrongful act or omission of the resident, a

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  member of his family, or other person on the premises with the

  2  resident's consent.

  3         510.132  Liability for property of residents.--

  4         (1)  The proprietor of an affordable residential

  5  accommodation is not under any obligation to accept for

  6  safekeeping any moneys, securities, jewelry, or precious

  7  stones of any kind belonging to any resident, and, if such are

  8  accepted for safekeeping, the proprietor is not liable for the

  9  loss thereof unless such loss was the proximate result of

10  fault or negligence of the proprietor.  However, the liability

11  of the proprietor shall be limited to $1,000 for such loss, if

12  the affordable residential accommodation gave a receipt for

13  the property, stating the value, on a form which stated, in

14  type large enough to be clearly noticeable, that the

15  affordable residential accommodation was not liable for any

16  loss exceeding $1,000 and was only liable for that amount if

17  the loss was the proximate result of fault or negligence of

18  the proprietor.

19         (2)  The proprietor of an affordable residential

20  accommodation is not liable or responsible to any resident for

21  the loss of wearing apparel, goods, or other property, except

22  as provided in subsection (1), unless such loss occurred as

23  the proximate result of fault or negligence of such

24  proprietor, and, in case of fault or negligence, the

25  proprietor is not liable for a greater sum than $500, unless

26  the resident, prior to the loss or damage, files with the

27  proprietor an inventory of his or her effects and the value

28  thereof and the proprietor is given the opportunity to inspect

29  such effects and check them against such inventory.  The

30  proprietor of an affordable residential accommodation is not

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  liable or responsible to any resident for the loss of effects

  2  listed in such inventory in a total amount exceeding $1,000.

  3         510.133  Resident's obligation to maintain dwelling

  4  unit.--The resident at all times during the tenancy shall:

  5         (1)  Comply with all obligations imposed upon residents

  6  by applicable provisions of building, housing, and health

  7  codes and the rules of the department.

  8         (2)  Keep that part of the premises which he or she

  9  occupies and uses clean and sanitary, especially the kitchen

10  and bath areas.

11         (3)  Remove from the resident's dwelling unit all

12  garbage in a clean and sanitary manner.

13         (4)  Keep all plumbing fixtures in the dwelling unit or

14  used by the resident clean and sanitary.

15         (5)  Use and operate in a reasonable manner all

16  electrical, plumbing, sanitary, heating, ventilating,

17  air-conditioning, and other equipment, furniture, and

18  appliances, including elevators.

19         (6)  Not destroy, deface, damage, impair, or remove any

20  part of the premises or property therein belonging to the

21  proprietor nor permit any person to do so.

22         (7)  Conduct himself or herself, and require other

23  persons on the premises with his or her consent to conduct

24  themselves, in a manner that does not unreasonably disturb the

25  resident's neighbors, the management, or constitute a breach

26  of the peace.

27         510.134  Proprietor's access to dwelling unit.--

28         (1)  The resident shall not unreasonably withhold

29  consent between the hours of 7:30 a.m. and 8:00 p.m. to the

30  proprietor to enter the dwelling unit from time to time or on

31  a daily basis in order to inspect the premises; make necessary

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  or agreed repairs, decorations, alterations, or improvements;

  2  supply agreed services; or exhibit the dwelling unit to

  3  prospective or actual purchasers, mortgagees, residents,

  4  workers, or contractors.

  5         (2)  The proprietor may enter the dwelling unit at any

  6  time for the protection or preservation of the premises.  The

  7  proprietor may enter the dwelling unit upon reasonable notice

  8  to the resident and at a reasonable time for the purpose of

  9  repair of the premises.  "Reasonable notice" for the purpose

10  of repair is notice given at least 12 hours prior to the

11  entry, and reasonable time for the purpose of repair shall be

12  between the hours of 7:30 a.m. and 8:00 p.m.  The proprietor

13  may enter the dwelling unit when necessary for the further

14  purposes set forth in subsection (1) under any of the

15  following circumstances:

16         (a)  With the consent of the resident;

17         (b)  In case of emergency;

18         (c)  When the resident unreasonably withholds consent;

19  or

20         (d)  If the resident is absent from the premises for a

21  period of time equal to one-half the time for periodic rental

22  payments. If the rent is current and the resident notifies the

23  proprietor of an intended absence, then the proprietor may

24  enter only for the purposes provided in subsection (1).

25         (e)  To enforce the provisions of s. 509.141, s.

26  509.142, or s. 509.143.

27         (3)  The proprietor shall not abuse the right of access

28  nor use it to harass the resident.

29         510.136  Casualty damage.--If the premises are damaged

30  or destroyed other than by the wrongful or negligent acts of

31  the resident so that the enjoyment of the premises is

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  substantially impaired, the resident may terminate the rental

  2  agreement and immediately vacate the premises.  The resident

  3  may vacate the part of the premises rendered unusable by the

  4  casualty, in which case the resident's liability for rent

  5  shall be reduced by the fair rental value of that part of the

  6  premises damaged or destroyed. If the rental agreement is

  7  terminated, the proprietor shall have 15 days to return the

  8  security deposit and the unused portion of the rent to the

  9  resident.

10         510.138  Right of action for damages.--If either the

11  proprietor or the resident fails to comply with the

12  requirements of the rental agreement or this part, the

13  aggrieved party may recover the damages caused by the

14  noncompliance.  Legal fees shall not be assessed against the

15  losing party for any acton taken under this chapter.

16         510.141  Refusal of admission and ejection of

17  undesirable residents; notice; procedure; penalties for

18  refusal to leave.--

19         (1)  The proprietor of any affordable residential

20  accommodation may remove or cause to be removed from such

21  accommodation, in the manner hereinafter provided, any

22  resident of the accommodation or any visitor who, while on the

23  premises of the accommodation, illegally possesses or deals in

24  controlled substances as defined in chapter 893 or is

25  intoxicated, profane, lewd, or brawling; who indulges in any

26  language or conduct which disturbs the peace and comfort of

27  other residents or which injures the reputation, dignity, or

28  standing of the accommodation; who, in the case of an

29  affordable residential accommodation, fails to make payment of

30  rent at the agreed-upon rental rate by the agreed-upon

31  checkout time; who fails to check out by the time agreed upon

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  in writing by the resident and affordable residential

  2  accommodation at check-in unless an extension of time is

  3  agreed to by the affordable residential accommodation and

  4  resident prior to checkout; who, in the opinion of the

  5  proprietor, is a person the continued entertainment of whom

  6  would be detrimental to such accommodation.  The admission to,

  7  or the removal from, such accommodation shall be at the sole

  8  discretion of the proprietor but shall not be based upon race,

  9  creed, color, sex, physical disability, or national origin.

10         (2)  The proprietor of any affordable residential

11  accommodation shall notify such resident or visitor that the

12  accommodation no longer desires to entertain the resident and

13  shall request that such resident or visitor immediately depart

14  from the accommodation. Such notice may be given orally or in

15  writing.  If the notice is in writing, it shall be as follows:

16         "You are hereby notified that this accommodation no

17  longer desires to entertain you as (its resident or a visitor

18  on the premises), and you are requested to leave at once.  To

19  remain after receipt of this notice is a misdemeanor under the

20  laws of this state."

21

22  If such resident has paid in advance, the accommodation shall,

23  at the time such notice is given, tender to such resident the

24  unused portion of the advance payment; however, the

25  accommodation may withhold payment for each full day that the

26  resident has been entertained at the accommodation for any

27  portion of the 24-hour period of such day.  A resident's

28  occupancy of a dwelling until past 8:00 p.m. constitutes

29  occupancy for an entire day.

30         (3)  Any resident or visitor who remains or attempts to

31  remain in any such accommodation after being requested to

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  leave commits a misdemeanor of the second degree, punishable

  2  as provided in s. 775.082 or s. 775.083.

  3         (4)  If any person is illegally on the premises of any

  4  affordable residential accommodation, the proprietor of such

  5  accommodation may call upon any law enforcement officer of

  6  this state for assistance.  It is the duty of such law

  7  enforcement officer, upon the request of such proprietor, to

  8  place under arrest and take into custody for violation of this

  9  section any resident who violates subsection (3) in the

10  presence of the officer.  If a warrant has been issued by the

11  proper judicial officer for the arrest of any violator of

12  subsection (3), the officer shall serve the warrant, arrest

13  the person, and take the person into custody.  Upon arrest,

14  with or without a warrant, or upon a request by the proprietor

15  to leave the premises, the resident will be deemed to have

16  given up any right to occupancy or to have abandoned such

17  right of occupancy of the premises, and the proprietor of the

18  accommodation may then make such premises available to other

19  residents.  However, the proprietor of the accommodation shall

20  employ all reasonable and proper means to care for any

21  personal property which may be left on the premises by such

22  resident and shall refund any unused portion of moneys paid by

23  such resident for the occupancy of such premises. The taking

24  into custody and detention by a law enforcement officer at an

25  affordable residential accommodation, if done in compliance

26  with this subsection, does not render such law enforcement

27  officer criminally or civilly liable for false arrest, false

28  imprisonment, or unlawful detention.

29         510.142  Conduct on premises; refusal of service.--The

30  proprietor of an affordable residential accommodation may

31  refuse amenities or service to any person whose conduct on the

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  premises of the accommodation, in the sole opinion of the

  2  proprietor, displays intoxication, profanity, lewdness, or

  3  brawling; who indulges in language or conduct such as to

  4  disturb the peace or comfort of other residents; who engages

  5  in illegal or disorderly conduct; who illegally possesses or

  6  deals in controlled substances as defined in chapter 893; or

  7  whose conduct constitutes a nuisance. This provision applies

  8  to guests, invitees, and licensees.  Such refusal may not be

  9  based upon race, creed, color, sex, physical disability, or

10  national origin.

11         510.143  Disorderly conduct on the premises of an

12  affordable residential accommodation; detention; arrest;

13  immunity from liability.--

14         (1)  A proprietor may take a person into custody and

15  detain that person in a reasonable manner and for a reasonable

16  time if the proprietor has probable cause to believe that the

17  person was engaging in disorderly conduct in violation of s.

18  877.03 on the premises of the permitted accommodation and that

19  such conduct was creating a threat to the life or safety of

20  the person or others. The proprietor shall call a law

21  enforcement officer to the scene immediately after detaining a

22  person under this subsection.

23         (2)  A law enforcement officer may arrest, either on or

24  off the premises of the permitted accommodation and without a

25  warrant, any person the officer has probable cause to believe

26  violated s. 877.03 on the premises of a permitted

27  accommodation and, in the course of such violation, created a

28  threat to the life or safety of the person or others.

29         (3)  A proprietor or a law enforcement officer who

30  detains a person under subsection (1) or makes an arrest under

31  subsection (2) is not civilly or criminally liable for false

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  arrest, false imprisonment, or unlawful detention on the basis

  2  of any action taken in compliance with subsection (1) or

  3  subsection (2).

  4         (4)  A person who resists the reasonable efforts of a

  5  proprietor or a law enforcement officer to detain or arrest

  6  that person in accordance with this section commits a

  7  misdemeanor of the first degree, punishable as provided in s.

  8  775.082 or s. 775.083, unless the person did not know or did

  9  not have reason to know that the person seeking to make such

10  detention or arrest was the proprietor of the accommodation or

11  a law enforcement officer.

12         510.151  Obtaining lodging with intent to defraud;

13  penalty.--

14         (1)  Any person who obtains lodging or other amenities

15  having a value of less than $300 at any affordable residential

16  accommodation, with intent to defraud the proprietor thereof,

17  commits a misdemeanor of the second degree, punishable as

18  provided in s. 775.082 or s. 775.083; if such lodging or other

19  amenities have a value of $300 or more, such person commits a

20  felony of the third degree, punishable as provided in s.

21  775.082, s. 775.083, or s. 775.084.

22         (2)  This section does not apply where there has been

23  an agreement in writing for delay in payments.

24         510.161  Rules of evidence in prosecutions.--In

25  prosecutions under s. 510.151, proof that lodging or other

26  amenities were obtained by false pretense; by false or

27  fictitious show of baggage or other property; by absconding

28  without paying or offering to pay for such lodging or

29  amenities; or by surreptitiously removing or attempting to

30  remove baggage shall constitute prima facie evidence of

31  fraudulent intent.  If the proprietor of the accommodation has

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  probable cause to believe, and does believe, that any person

  2  has obtained food, lodging, or other amenities at such

  3  accommodation with intent to defraud the proprietor thereof,

  4  the failure to make payment upon demand therefor, there being

  5  no dispute as to the amount owed, shall constitute prima facie

  6  evidence of fraudulent intent in such prosecutions.

  7         510.162  Theft of personal property; detaining and

  8  arrest of violator; theft by employee.--

  9         (1)  Any law enforcement officer or proprietor of an

10  affordable residential accommodation who has probable cause to

11  believe that theft of personal property belonging to such

12  accommodation has been committed by a person and that the

13  officer or proprietor can recover such property or the

14  reasonable value thereof by taking the person into custody

15  may, for the purpose of attempting to effect such recovery or

16  for prosecution, take such person into custody on the premises

17  and detain such person in a reasonable manner and for a

18  reasonable period of time.  If the proprietor takes the person

19  into custody, a law enforcement officer shall be called to the

20  scene immediately. The taking into custody and detention by a

21  law enforcement officer or proprietor of an affordable

22  residential accommodation, if done in compliance with this

23  subsection, does not render such law enforcement officer or

24  proprietor criminally or civilly liable for false arrest,

25  false imprisonment, or unlawful detention.

26         (2)  Any law enforcement officer may arrest, either on

27  or off the premises and without warrant, any person if there

28  is probable cause to believe that person has committed theft

29  in an affordable residential accommodation.

30         (3)  Any person who resists the reasonable effort of a

31  law enforcement officer or proprietor of an affordable

                                  32

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  residential accommodation to recover property which the law

  2  enforcement officer or proprietor had probable cause to

  3  believe had been stolen from the affordable residential

  4  accommodation, and who is subsequently found to be guilty of

  5  theft of the subject property, commits a misdemeanor of the

  6  first degree, punishable as provided in s. 775.082 or s.

  7  775.083, unless such person did not know, or did not have

  8  reason to know, that the person seeking to recover the

  9  property was a law enforcement officer or the proprietor. For

10  purposes of this section, the charge of theft and the charge

11  of resisting apprehension may be tried concurrently.

12         (4)  Theft of any property belonging to a resident of

13  an accommodation permitted under this chapter, or of property

14  belonging to such accommodation, by an employee of the

15  accommodation or by an employee of a person, firm, or entity

16  which has contracted to provide services to the accommodation

17  constitutes a felony of the third degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         510.191  Unclaimed property.--Any property with an

20  identifiable owner which is left in an affordable residential

21  accommodation, other than property belonging to a resident who

22  has vacated the premises without notice to the proprietor and

23  with an outstanding account, which property remains unclaimed

24  after being held by the establishment for 90 days after

25  written notice to the resident or owner of the property, shall

26  become the property of the accommodation. Property without an

27  identifiable owner which is found in an affordable residential

28  accommodation is subject to the provisions of chapter 705.  An

29  affordable residential accommodation may charge a reasonable

30  storage and handling fee for any property which must be

31  stored.

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         510.201  Telephone surcharges by affordable residential

  2  accommodations.--

  3         (1)  An affordable residential accommodation which

  4  imposes a surcharge for any telephone call must post notice of

  5  such surcharge in a conspicuous place located by each

  6  telephone from which a call which is subject to a surcharge

  7  may originate.  Such notice must be plainly visible and

  8  printed on a sign that is not less than 3 inches by 5 inches

  9  in size, and such notice shall clearly state if the surcharge

10  applies whether or not the telephone call has been attempted

11  or completed.  An affordable residential accommodation which

12  imposes a charge for delivering phone messages to residents

13  must state the charges in the rules of the accommodation.

14         (2)  The department may, pursuant to s. 510.261,

15  suspend or revoke the permit of, or impose a fine against, any

16  affordable residential accommodation that violates subsection

17  (1).

18         510.211  Safety regulations.--

19         (1)  Each bedroom or apartment in each affordable

20  residential accommodation shall be equipped with an approved

21  locking device on each door opening to the outside, to an

22  adjoining room or apartment, or to a hallway.

23         (2)  The department, or its agent, shall immediately

24  notify the local firesafety authority or the State Fire

25  Marshal of any major violation of a rule adopted under chapter

26  633 which relates to affordable residential accommodations.

27  The department may impose administrative sanctions for

28  violations of these rules pursuant to s. 510.261 or may refer

29  such violations to the local firesafety authorities for

30  enforcement.

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         (3)(a)  It is unlawful for any person to use within any

  2  affordable residential accommodation any fuel-burning

  3  wick-type equipment for space heating unless such equipment is

  4  vented so as to prevent the accumulation of toxic or injurious

  5  gases or liquids.

  6         (b)  Any person who violates the provisions of

  7  paragraph (a) commits a misdemeanor of the second degree,

  8  punishable as provided in s. 775.082 or s. 775.083.

  9         (4)  Each affordable residential accommodation three or

10  more stories in height must have safe and secure railings on

11  all balconies, platforms, and stairways, and all such railings

12  must be properly maintained and repaired.  The department may

13  impose administrative sanctions for violations of this

14  subsection pursuant to s. 510.261.

15         510.212  Affordable residential accommodations three or

16  more stories in height; inspection rules.--The department is

17  directed to provide rules to require that:

18         (1)  Every affordable residential accommodation three

19  or more stories in height in the state file a certificate

20  stating that any and all balconies, platforms, stairways, and

21  railways have been inspected by a person competent to conduct

22  such inspections and are safe, secure, and free of defects.

23         (2)  The information required under subsection (1) be

24  filed commencing with licensing, and every 3 years thereafter

25  on January 31, with the department and the applicable county

26  or municipal authority responsible for building and zoning

27  permits.

28         (3)  If an affordable residential accommodation three

29  or more stories in height fails to file the information

30  required in subsection (1), the department shall impose

31  administrative sanctions pursuant to s. 510.261.

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         510.215  Firesafety.--

  2         (1)  Any affordable residential accommodation three or

  3  more stories in height shall be equipped with an automatic

  4  sprinkler system installed in compliance with the provisions

  5  prescribed in the National Fire Protection Association

  6  publication NFPA No. 13, "Standards for the Installation of

  7  Sprinkler Systems."  The sprinkler installation may be omitted

  8  in closets which are not over 24 square feet in area and in

  9  bathrooms which are not over 55 square feet in area, which

10  closets and bathrooms are located in resident rooms.  Each

11  resident room shall be equipped with an approved listed

12  single-station smoke detector meeting the minimum requirements

13  of the National Fire Protection Association NFPA 74 "Standards

14  for the Installation, Maintenance and Use of Household Fire

15  Warning Equipment," powered from the building electrical

16  service, notwithstanding the number of stories in the

17  structure or type or means of egress. Single-station smoke

18  detection is not required when resident rooms contain smoke

19  detectors connected to a central alarm system which also

20  alarms locally.

21         (2)  Any affordable residential accommodation three or

22  more stories in height shall be equipped with:

23         (a)  A system which complies with subsection (1); or

24         (b)  An approved sprinkler system for all interior

25  corridors, public areas, storage rooms, closets, kitchen

26  areas, and laundry rooms, less individual resident rooms, if

27  the following conditions are met:

28         1.  There is a minimum 1-hour separation between each

29  resident room and between each resident room and a corridor.

30         2.  The building is constructed of noncombustible

31  materials.

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         3.  The egress conditions meet the requirements of the

  2  National Fire Protection Association, Life Safety Code, NFPA

  3  101, s. 5-3.

  4         4.  The building has a complete automatic fire

  5  detection system which meets the requirements of the National

  6  Fire Protection Association NFPA 72A and NFPA 72E, including

  7  smoke detectors in each resident room individually

  8  annunciating to a panel at a supervised location.

  9         (3)  The provisions for installation of single-station

10  smoke detectors required in subsection (1) and subparagraph

11  (2)(b)4. shall be waived by the Division of State Fire Marshal

12  for any accommodation for which the construction contract was

13  let before October 1, 1983, and which is under three stories

14  in height, if each individual resident room is equipped with a

15  smoke detector approved by the Division of State Fire Marshal

16  and the schedule for compliance is not later than October 1,

17  1986.

18         (4)  Notwithstanding any other provision of law to the

19  contrary, this section applies only to those affordable

20  residential accommodations in a building wherein more than 50

21  percent of the units in the building are advertised or held

22  out to the public as available for affordable residential

23  accommodation occupancy.

24         (5)(a)  Special exceptions to the provisions of this

25  section shall be made for affordable residential

26  accommodations that are listed in the National Register of

27  Historic Places as determined by the United States Department

28  of the Interior or that are of historical significance to this

29  state as determined by the State Historic Preservation

30  Officer, designated pursuant to s. 267.061(5), after

31  consultation with the chair of the local historic preservation

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  board or commission, if such board or commission exists. For

  2  such structures, provisions shall be made for a system of fire

  3  protection and lifesafety support that would meet the intent

  4  of the National Fire Protection Association standards and be

  5  acceptable to, and approved by, a commission composed of the

  6  director of the department, the director of the Division of

  7  State Fire Marshal, and the State Historic Preservation

  8  Officer. The director of the Division of State Fire Marshal

  9  shall be designated chair of the commission and shall record

10  the minutes of each commission meeting.

11         (6)  The Division of State Fire Marshal shall adopt, in

12  accordance with the provisions of chapter 120, any rules

13  necessary for the implementation and enforcement of this

14  section. The Division of State Fire Marshal shall enforce this

15  section in accordance with the provisions of chapter 633, and

16  any establishment licensed under this chapter in violation of

17  this section may be subject to administrative sanctions by the

18  department pursuant to s. 510.261.

19         (7)  Specialized smoke detectors for the deaf and

20  hearing impaired shall be available upon request by residents

21  in affordable residential accommodations at a rate of at least

22  one such smoke detector per 50 dwelling units or portions

23  thereof, not to exceed five such smoke detectors per

24  affordable residential accommodation.

25         (8)  The National Fire Protection Association

26  publications referenced in this section are the ones most

27  recently adopted by rule of the Division of State Fire Marshal

28  of the Department of Insurance.

29         510.221  Sanitary regulations.--

30         (1)  Each affordable residential accommodation shall be

31  supplied with potable water and shall provide adequate

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  sanitary facilities for the accommodation of its employees and

  2  residents. Such facilities may include, but are not limited

  3  to, showers, handwash basins, toilets, and bidets. Such

  4  sanitary facilities shall be connected to approved plumbing.

  5  Such plumbing shall be sized, installed, and maintained in

  6  accordance with applicable state and local plumbing codes.

  7  Wastewater or sewage shall be properly treated onsite or

  8  discharged into an approved sewage collection and treatment

  9  system.

10         (2)  Each affordable residential accommodation shall

11  maintain not less than one public bathroom for each sex,

12  properly designated, unless otherwise provided by rule. The

13  department shall establish by rule categories of

14  accommodations not subject to the bathroom requirement of this

15  paragraph. Each affordable residential accommodation that does

16  not provide private or connecting bathrooms shall maintain one

17  public bathroom on each floor for every 15 residents, or major

18  fraction of that number, rooming on that floor.

19         (3)  Each affordable residential accommodation

20  permitted under this chapter shall be properly lighted,

21  heated, cooled, and ventilated and shall be operated with

22  strict regard to the health, comfort, and safety of the

23  residents.  Such proper lighting shall be construed to apply

24  to both daylight and artificial illumination.

25         (4)  Each bedroom in an affordable residential

26  accommodation shall have an opening to the outside of the

27  building, air shafts, or courts sufficient to provide adequate

28  ventilation.  Where ventilation is provided mechanically, the

29  system shall be capable of providing at least two air changes

30  per hour in all areas served. Where ventilation is provided by

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  windows, each room shall have at least one window opening

  2  directly to the outside.

  3         (5)  The proprietor of any affordable residential

  4  accommodation permitted under this chapter shall take

  5  effective measures to protect the accommodation against the

  6  entrance and the breeding on the premises of all vermin.  Any

  7  room in such accommodation infested with such vermin shall be

  8  fumigated, disinfected, or renovated, or other corrective

  9  action shall be taken, until the vermin are exterminated.

10         (6)  A person, while suffering from any contagious or

11  communicable disease, while a carrier of such disease, or

12  while afflicted with boils or infected wounds or sores, may

13  not be employed by any accommodation licensed under this

14  chapter in any capacity whereby there is a likelihood such

15  disease could be transmitted to other individuals.  A

16  proprietor that has reason to believe that an employee may

17  present a public health risk shall immediately notify the

18  proper health authority.

19         510.241  Permit required to operate an affordable

20  residential accommodation; penalties for unlawful

21  establishment or operation; allocation of proceeds.--

22         (1)  AFFORDABLE RESIDENTIAL ACCOMMODATIONS; PERMIT

23  REQUIREMENT.--A person who establishes, maintains, or operates

24  an affordable residential accommodation in this state without

25  first having obtained a permit from the department and who

26  fails to post such permit and keep such permit posted in the

27  accommodation to which it applies at all times during

28  maintenance or operation of the accommodation commits a

29  misdemeanor of the first degree, punishable as provided in s.

30  775.082 or s. 775.083.  Such permit may not be transferred

31  from one place or individual to another.  Local law

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  enforcement agencies shall provide immediate assistance in

  2  prosecuting an illegally operating accommodation.

  3         (2)  PERMITS; ANNUAL RENEWALS.--The department may

  4  refuse a permit, or a renewal thereof, to any establishment

  5  that is not constructed and maintained in accordance with law

  6  and with the rules of the department.  The department may

  7  refuse to issue a permit, or a renewal thereof, to any

  8  affordable residential accommodation a proprietor of which,

  9  within the preceding 5 years, has been adjudicated guilty of,

10  or has forfeited a bond when charged with, any crime

11  reflecting on professional character, including soliciting for

12  prostitution, pandering, letting premises for prostitution,

13  keeping a disorderly place, or illegally dealing in controlled

14  substances as defined in chapter 893, whether in this state or

15  in any other jurisdiction within the United States, or has had

16  a permit denied, revoked, or suspended pursuant to s. 400.414.

17  Permits shall be renewed annually, and the department shall

18  adopt a rule establishing a staggered schedule for permit

19  renewals.  If any permit expires while administrative charges

20  are pending against the permit, the proceedings against the

21  permit shall continue to conclusion as if the permit were

22  still in effect.

23         (3)  APPLICATION FOR PERMIT TO OPERATE AN AFFORDABLE

24  RESIDENTIAL ACCOMMODATION.--Application for a permit to

25  establish, operate, or maintain an affordable residential

26  accommodation must be made to the department in writing on a

27  form and under rules prescribed by the department. The

28  application must state the location of the existing or

29  proposed affordable residential accommodation; the approximate

30  number of persons to be accommodated; and any other

31  information the department requires.

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         (4)  DISPLAY OF PERMIT.--Any permit issued by the

  2  department shall be conspicuously displayed in the office or

  3  lobby of the permitted establishment.

  4         (5)  AFFORDABLE RESIDENTIAL ACCOMMODATIONS; HEALTH AND

  5  SANITATION.--A person who establishes, maintains, or operates

  6  any affordable residential accommodation in this state without

  7  providing adequate personal hygiene facilities, lighting,

  8  sewage disposal, and garbage disposal, and without first

  9  having obtained the required permit from the department,

10  commits a felony of the third degree, punishable as provided

11  in s. 775.082, s. 775.083, or s. 775.084.

12         (6)  FINE.--The department may impose a fine of up to

13  $1,000 for each violation of this section.  If the owner of

14  land on which a violation of this section occurs is other than

15  the person committing the violation and the owner knew or

16  should have known upon reasonable inquiry that this section

17  was being violated on the land, the fine may be applied

18  against such owner.  In determining the amount of the fine to

19  be imposed, the department shall consider any corrective

20  actions taken by the violator and any previous violations.

21         (7)  SEIZURE.--

22         (a)  In addition to other penalties provided by this

23  section, the buildings, personal property, and land used in

24  connection with a felony violation of this section may be

25  seized and forfeited pursuant to the Contraband Forfeiture

26  Act.

27         (b)  After satisfying any liens on the property, the

28  remaining proceeds from the sale of the property seized under

29  this section shall be allocated as follows if the department

30  participated in the inspection or investigation leading to

31  seizure and forfeiture under this section:

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         1.  One-third of the proceeds shall be allocated to the

  2  law enforcement agency involved in the seizure, to be used as

  3  provided in s. 932.7055.

  4         2.  One-third of the proceeds shall be allocated to the

  5  department, to be used for purposes of enforcing the

  6  provisions of this section.

  7         3.  One-third of the proceeds shall be deposited in the

  8  Affordable Residential Accommodations Trust Fund.

  9         (c)  After satisfying any liens on the property, the

10  remaining proceeds from the sale of the property seized under

11  this section shall be allocated equally between the law

12  enforcement agency involved in the seizure and the Affordable

13  Residential Accommodations Trust Fund if the department did

14  not participate in the inspection or investigation leading to

15  seizure and forfeiture.

16         510.245  Prerequisite for issuance of municipal or

17  county occupational permit.--A municipality or county may not

18  issue an occupational permit to any business coming under the

19  provisions of this chapter until a permit has been procured

20  for such business from the department.

21         510.247  Issuance of permit to operate affordable

22  residential accommodations.--If the department is satisfied,

23  after causing an inspection to be made, that the affordable

24  residential accommodation meets the minimum standards of

25  construction, sanitation, equipment, and operation required by

26  rules issued under ss. 510.212-510.221 and that the applicant

27  has paid the application fees required by s. 510.251, it shall

28  issue in the name of the department the necessary permit in

29  writing on a form to be prescribed by the department.  The

30  permit, unless sooner revoked, shall expire on September 30

31  next after the date of issuance, and it shall not be

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  transferable.  An application for a permit shall be filed with

  2  the department 30 days prior to operation.  In the case of a

  3  facility owned or operated by a public housing authority, or a

  4  facility already licensed as a public lodging establishment by

  5  the Department of Business and Professional Regulation, an

  6  annual satisfactory sanitation inspection of the living units

  7  by the Department of Housing and Urban Development shall

  8  substitute for the prepermitting inspection required by the

  9  department.

10         510.251  Permit fees.--

11         (1)  The department shall adopt, by rule, a schedule of

12  fees to be paid by each affordable residential accommodation

13  as a prerequisite to issuance or renewal of a permit.  Such

14  fees shall be based on the number of rental units in the

15  accommodation but shall not exceed $1,000.  The fee schedule

16  shall require an accommodation which applies for an initial

17  permit to pay the full permit fee if application is made

18  during the annual renewal period or more than 6 months prior

19  to the next such renewal period and one-half of the fee if

20  application is made 6 months or less prior to such period.

21         (a)  Upon making an initial application or an

22  application for change of ownership, the applicant shall pay

23  to the department a fee as prescribed by rule, not to exceed

24  $50, in addition to any other fees required by law, which

25  shall cover all costs associated with initiating regulation of

26  the accommodation.

27         (b)  A permit renewal filed with the department within

28  30 days after the expiration date shall be accompanied by a

29  delinquent fee as prescribed by rule, not to exceed $50, in

30  addition to the renewal fee and any other fees required by

31  law.  Thereafter, a new application is required, accompanied

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  by a reinstatement fee as prescribed by rule, not to exceed

  2  $100, and any other fees required by law.

  3         (2)(a)  Upon making initial application or an

  4  application for change of ownership, the applicant shall pay

  5  to the department a fee as prescribed by rule, not to exceed

  6  $50, in addition to any other fees required by law, which

  7  shall cover all costs associated with initiating regulation of

  8  the accommodation.

  9         (b)  A permit renewal filed with the department within

10  30 days after the expiration date shall be accompanied by a

11  delinquent fee as prescribed by rule, not to exceed $50, in

12  addition to the renewal fee and any other fees required by

13  law.  Thereafter, a new application is required, accompanied

14  by a reinstatement fee as prescribed by rule, not to exceed

15  $100, and any other fees required by law.

16         510.261  Revocation or suspension of permits; fines;

17  procedure.--

18         (1)  Any affordable residential accommodation that has

19  operated or is operating in violation of this chapter or the

20  rules of the department, operating without a permit, or

21  operating with a suspended or revoked permit may be subject by

22  the department to:

23         (a)  Fines not to exceed $500 per offense.

24         (b)  The suspension, revocation, or refusal of a permit

25  issued pursuant to this chapter.

26         (2)  For the purposes of this section, the department

27  may regard as a separate offense each day or portion of a day

28  on which an accommodation is operated in violation of a

29  critical law or rule, as that term is defined by rule.

30         (3)  The department shall post a prominent

31  closed-for-operation sign on any affordable residential

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  accommodation the permit of which has been suspended or

  2  revoked.  The department shall also post such sign on any

  3  accommodation judicially or administratively determined to be

  4  operating without a permit.  It is a misdemeanor of the second

  5  degree, punishable as provided in s. 775.082 or s. 775.083,

  6  for any person to deface or remove such closed-for-operation

  7  sign or for any affordable residential accommodation to open

  8  for operation without a permit or to open for operation while

  9  its permit is suspended or revoked.  The department may impose

10  administrative sanctions for violations of this section.

11         (4)  All funds received by the department as

12  satisfaction for administrative fines shall be paid into the

13  State Treasury to the credit of the Affordable Residential

14  Accommodations Trust Fund and may not subsequently be used for

15  payment to any entity performing required inspections under

16  contract with the department.

17         (5)(a)  A permit may not be suspended under this

18  section for a period of more than 12 months.  At the end of

19  such period of suspension, the accommodation may apply for

20  reinstatement or renewal of the permit.  An affordable

21  residential accommodation, the permit for which is revoked,

22  may not apply for another permit for that location prior to

23  the date on which the revoked permit would have expired.

24         (b)  The department may fine, suspend, or revoke the

25  permit of any affordable residential accommodation if the

26  proprietor knowingly lets, leases, or gives space for unlawful

27  gambling purposes or permits unlawful gambling in such

28  accommodation or in or upon any premises which are used in

29  connection with, and are under the same charge, control, or

30  management as, such accommodation.

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1         (6)  The department may fine, suspend, or revoke the

  2  permit of any affordable residential accommodation when:

  3         (a)  Any person with a direct financial interest in the

  4  permitted accommodation, within the preceding 5 years in this

  5  state, any other state, or the United States, has been

  6  adjudicated guilty of or forfeited a bond when charged with

  7  soliciting for prostitution, pandering, letting premises for

  8  prostitution, keeping a disorderly place, illegally dealing in

  9  controlled substances as defined in chapter 893, or any other

10  crime reflecting on professional character.

11         (b)  Such accommodation has been deemed an imminent

12  danger to the public health and safety by the department or

13  local health authority for failure to meet sanitation

14  standards or the premises have been determined by the

15  department or local authority to be unsafe or unfit for human

16  occupancy.

17         (7)  A person is not entitled to the issuance of a

18  permit for any affordable residential accommodation except in

19  the discretion of the director when the department has

20  notified the current permitholder for such premises that

21  administrative proceedings have been or will be brought

22  against such current permittee for violation of any provision

23  of this chapter or rule of the department.

24         510.262  Prohibited acts; application.--

25         (1)  A proprietor of housing subject to the provisions

26  of this chapter may not, for the purpose of retaliating

27  against a resident of that housing, discriminatorily terminate

28  or discriminatorily modify a tenancy by increasing the

29  resident's rent; decreasing services to the resident; bringing

30  or threatening to bring against the resident an action for

31  eviction or possession or another civil action; refusing to

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  renew the resident's tenancy; or intimidating, threatening,

  2  restraining, coercing, blacklisting, or discharging the

  3  resident.  Examples of conduct for which the proprietor may

  4  not retaliate include, but are not limited to, situations in

  5  which:

  6         (a)  The resident has registered a complaint pursuant

  7  to s. 510.265.

  8         (b)  The resident has complained in good faith, orally

  9  or in writing, to the proprietor of the housing or any

10  government agency charged with the responsibility of enforcing

11  the provisions of this chapter.

12         (c)  The resident has exercised any legal right

13  provided in this chapter with respect to the housing.

14         (d)  The resident has organized, encouraged, or

15  participated in a residents' organization.

16         (2)  A resident who brings an action for or raises a

17  defense of retaliatory conduct must have acted in good faith.

18         (3)  This section does not apply if the proprietor of

19  housing proves that the eviction or other action is for good

20  cause, including, without limitation, a good faith action for

21  nonpayment of rent, a violation of the resident's rental

22  agreement, a violation of reasonable rules of the proprietor

23  of the housing, or a violation of this chapter.

24         (4)  "Discrimination" under this section means that a

25  resident is being treated differently as to the rent charged,

26  the services rendered, or the action being taken by the

27  proprietor, which shall be a prerequisite to a finding of

28  retaliatory conduct.

29         510.265  Complaints by aggrieved parties.--Any person

30  who believes that an affordable residential accommodation

31  violates any provision of this chapter or rules adopted

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    14-1502-98                                              See HB




  1  thereunder may file a complaint with the department.  Upon

  2  receipt of the complaint, if the department finds there are

  3  reasonable grounds to believe that a violation exists and that

  4  the nature of the alleged violation could pose a serious and

  5  immediate threat to public health, the department shall

  6  conduct an inspection as soon as practicable.  In all other

  7  cases where the department finds there are reasonable grounds

  8  to believe that a violation exists, the department shall

  9  notify the proprietor that a complaint has been received and

10  the nature of the complaint. The department shall also advise

11  the proprietor that the alleged violation must be remedied

12  within 20 business days.  The department shall conduct an

13  inspection as soon as practicable following such 20-day

14  period.  The department shall notify the proprietor and the

15  complainant in writing of the results of the inspection and

16  the action taken.  Upon request of the complainant, the

17  department shall conduct the inspection so as to protect the

18  confidentiality of the complainant.  The department shall

19  adopt rules to implement this section.

20         510.281  Prosecution for violation; duty of state

21  attorney; penalties.--

22         (1)  The department or an agent of the department, upon

23  ascertaining by inspection that any affordable residential

24  accommodation is being operated contrary to the provisions of

25  this chapter, shall make complaint and cause the arrest of the

26  violator, and the state attorney, upon request of the

27  department or agent, shall prepare all necessary papers and

28  conduct the prosecution.  The department shall proceed in the

29  courts by mandamus or injunction whenever such proceedings may

30  be necessary to the proper enforcement of the provisions of

31

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  this chapter, of the rules adopted pursuant hereto, or of

  2  orders of the department.

  3         (2)  Any proprietor who obstructs or hinders any agent

  4  of the department in the proper discharge of his or her

  5  duties; who fails, neglects, or refuses to obtain a permit or

  6  pay the permit fee required by law; or who fails or refuses to

  7  perform any duty imposed upon it by law or rule commits a

  8  misdemeanor of the second degree, punishable as provided in s.

  9  775.082 or s. 775.083. Each day that an affordable residential

10  accommodation is operated in violation of law or rule is a

11  separate offense.

12         510.282  Enforcement; citations.--

13         (1)  Department personnel may issue citations that

14  contain an order of correction or an order to pay a fine, or

15  both, for violations of this chapter or the field sanitation

16  facility rules adopted by the department when a violation of

17  those sections or rules is enforceable by an administrative or

18  civil remedy, or when a violation of those sections or rules

19  is a misdemeanor of the second degree.  A citation issued

20  under this section constitutes a notice of proposed agency

21  action.

22         (2)  Citations must be in writing and must describe the

23  particular nature of the violation, including specific

24  reference to the provision of statute or rule allegedly

25  violated.

26         (3)  The fines imposed by a citation issued by the

27  department may not exceed $500 for each violation. Each day

28  the violation exists constitutes a separate violation for

29  which a citation may be issued.

30         (4)  The citing official shall inform the recipient, by

31  written notice pursuant to ss. 120.569 and 120.57, of the

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    14-1502-98                                              See HB




  1  right to an administrative hearing to contest the citation of

  2  the agency within 21 days after the date of receipt of the

  3  citation.  The citation must contain a conspicuous statement

  4  that if the citation recipient fails to pay the fine within

  5  the time allowed, or fails to appear to contest the citation

  6  after having requested a hearing, the recipient is deemed to

  7  have waived the right to contest the citation and must pay an

  8  amount up to the maximum fine or penalty.

  9         (5)  The department may reduce or waive the fine

10  imposed by the citation.  In determining whether to reduce or

11  waive the fine, the department must give due consideration to

12  such factors as the gravity of the violation, the good faith

13  of the person who has allegedly committed the violation, and

14  the person's history of previous violations, including

15  violations for which enforcement actions were taken under this

16  section or other provisions of state law.

17         (6)  The department shall deposit all fines collected

18  under this chapter in the Affordable Residential

19  Accommodations Trust Fund.

20         510.285  Enforcement; city and county officers to

21  assist.--Any state or county attorney, sheriff, police

22  officer, and any other appropriate municipal and county

23  official shall, upon request, assist the department or any of

24  its agents in the enforcement of this chapter.

25         510.401  Proprietor's right to lockout.--

26         (1)  If, upon a reasonable determination by a

27  proprietor of an affordable residential accommodation, a

28  resident has accumulated a large outstanding account at such

29  accommodation, the proprietor may lock the resident out of the

30  resident's dwelling unit and interrupt any utility service for

31  the purpose of requiring the resident to confront the

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    14-1502-98                                              See HB




  1  proprietor and pay the outstanding balance of the account or

  2  arrange for payment on the account.  Such arrangement must be

  3  in writing, and a copy must be furnished to the resident.

  4         (2)  Once the resident has confronted the proprietor

  5  and paid the outstanding balance or made arrangements for

  6  payment on the account, the proprietor shall provide the

  7  resident with unrestricted access to the resident's dwelling

  8  unit and shall resume furnishing utility service.

  9         (3)  The proprietor shall at all times permit the

10  resident to remove from the dwelling unit any items of

11  personal property essential to the health of the resident.

12         (4)  Anyone who breaks into a dwelling unit that has

13  been locked in accordance with subsection (1) commits a felony

14  of the third degree, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084.  In any prosecution under this

16  subsection, proof that a resident has entered a dwelling unit

17  which has been locked in accordance with subsection (1) and is

18  delinquent in rental payments constitutes prima facie evidence

19  of such a break-in.

20         (5)  A proprietor shall not be held criminally or

21  civilly liable in any action arising out of a lockout or

22  interruption in utility service in accordance with subsection

23  (1).

24         510.402  Proprietor's right to recover premises.--If

25  the resident of an affordable residential accommodation

26  vacates the premises without notice to the proprietor and the

27  proprietor reasonably believes the resident does not intend to

28  satisfy the outstanding account, the proprietor may recover

29  the premises. Upon recovery of the premises, the proprietor

30  shall make an itemized inventory of any property belonging to

31  the resident and store such property until a settlement or a

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    14-1502-98                                              See HB




  1  final court judgment is obtained on the resident's outstanding

  2  account.  Such inventory shall be conducted by the proprietor

  3  and at least one other person.

  4         510.403  Proprietor's writ of distress.--If, after a

  5  lockout has been imposed pursuant to s. 510.401, a resident

  6  fails to make agreed-upon payments on an outstanding account,

  7  or, notwithstanding s. 510.401, if a resident vacates the

  8  premises without making payment on an outstanding account, a

  9  proprietor may proceed to prosecute a writ of distress against

10  the resident and the resident's property.  The writ of

11  distress shall be predicated on the lien created by s. 713.67

12  or s. 713.68.

13         510.404  Writ of distress; venue and jurisdiction.--The

14  action under s. 510.403 shall be brought in a court of

15  appropriate jurisdiction in the county where the property is

16  located.  When property consists of separate articles, the

17  value of any one of which is within the jurisdictional amount

18  of a lower court but which, taken together, exceed that

19  jurisdictional amount, the proprietor may not divide the

20  property to give jurisdiction to the lower court so as to

21  enable the proprietor to bring separate actions therefor.

22         510.405  Complaint; requirements.--To obtain an order

23  authorizing the issuance of a writ of distress upon final

24  judgment, the proprietor must first file with the clerk of the

25  court a complaint reciting and showing the following

26  information:

27         (1)  A statement as to the amount of the resident's

28  account at the affordable residential accommodation.

29         (2)  A statement that the plaintiff is the proprietor

30  of the affordable residential accommodation in which the

31  resident has an outstanding account.  If the proprietor's

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    14-1502-98                                              See HB




  1  interest in such account is based on written documents, a copy

  2  of such documents shall be attached to the complaint.

  3         (3)  A statement that the proprietor has reasonably

  4  attempted to obtain payment from the resident for an

  5  outstanding account, either by confronting the resident or by

  6  a lockout pursuant to s. 510.401, and that the resident has

  7  failed to make any payment or that the resident has vacated

  8  the premises without paying the outstanding account.

  9         (4)  A statement that the account is outstanding and

10  unpaid by the resident; a statement of the services provided

11  to the resident for which the outstanding account was

12  accumulated; and the cause of such nonpayment according to the

13  best knowledge, information, and belief of the proprietor.

14         (5)  A statement as to what property the proprietor is

15  requesting levy against, including the inventory conducted as

16  prescribed by s. 510.402 if the proprietor has recovered the

17  premises, and the authority under which the proprietor has a

18  lien against such property.

19         (6)  A statement, to the best of the proprietor's

20  knowledge, that the claimed property has not been taken for a

21  tax, assessment, or fine pursuant to law or taken under an

22  execution or attachment by order of any court.

23         510.406  Prejudgment writ of distress.--

24         (1)  A prejudgment writ of distress may issue and the

25  property seized may be delivered forthwith to the plaintiff

26  when the nature of the claim, the amount thereof, and the

27  grounds relied upon for the issuance of the writ clearly

28  appear from specific facts shown by the verified petition or

29  by separate affidavit of the plaintiff.

30         (2)  The prejudgment writ of distress may issue if the

31  court finds, pursuant to subsection (1), that the defendant is

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    14-1502-98                                              See HB




  1  engaging in, or is about to engage in, conduct that may place

  2  the claimed property in danger of destruction, concealment,

  3  removal from the state, removal from the jurisdiction of the

  4  court, or transfer to an innocent purchaser during the

  5  pendency of the action and that the defendant has failed to

  6  make payment as agreed.

  7         (3)  The plaintiff shall post bond in the amount of

  8  twice the estimated value of the goods subject to the writ or

  9  twice the balance of the outstanding account, whichever is the

10  lesser as determined by the court, as security for the payment

11  of damages the defendant may sustain if the writ is wrongfully

12  obtained.

13         (4)  The defendant may obtain release of the property

14  seized under a prejudgment writ of distress by posting bond

15  with surety within 10 days after service of the writ, in the

16  amount of one and one-fourth the claimed outstanding account,

17  for the satisfaction of any judgment which may be rendered

18  against the defendant, conditioned upon delivery of the

19  property if the judgment should require it.

20         (5)  A prejudgment writ of distress shall issue only

21  upon a signed order of a circuit court judge or a county court

22  judge.  The prejudgment writ of distress shall include a

23  notice of the defendant's right to an immediate hearing before

24  the court issuing the writ.

25         (6)  As an alternative to the procedure prescribed in

26  subsection (4), the defendant, by motion filed with the court

27  within 10 days after service of the writ, may obtain the

28  dissolution of a prejudgment writ of distress, unless the

29  plaintiff proves the grounds upon which the writ was issued.

30  The court shall set such motion for an immediate hearing.

31

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    14-1502-98                                              See HB




  1         510.407  Writ of distress; levy of writ.--The officer

  2  of the court to whom a final judgment writ of distress is

  3  directed shall execute the writ of distress by service on

  4  defendant and by levy on property distrainable for services

  5  rendered, if found within the area of the officer's

  6  jurisdiction. If the property is not so found but is in

  7  another jurisdiction, the officer shall deliver the writ to

  8  the proper authority in the other jurisdiction.  The writ

  9  shall be executed by levying on such property and delivering

10  it to the officer of the court in which the action is pending,

11  to be disposed of according to law, unless the officer is

12  ordered by such court to hold the property and dispose of it

13  according to law.  If the defendant cannot be found, the levy

14  on the property suffices as service if the plaintiff and the

15  officer each file a sworn statement stating that the

16  whereabouts of the defendant are unknown.

17         510.408  Prejudgment writ; form; return.--The

18  prejudgment writ issued under s. 510.406 shall command the

19  officer to whom it may be directed to distrain the described

20  personal property of defendant and hold such property until

21  final judgment is rendered.

22         510.409  Writ; inventory.--When the officer seizes

23  distrainable property, either under s. 510.407 or s. 510.408,

24  and such property is seized on the premises of an affordable

25  residential accommodation, the officer shall inventory the

26  property, hold those items which, upon appraisal, would appear

27  to satisfy the plaintiff's claim, and return the remaining

28  items to the defendant.  If the defendant cannot be found, the

29  officer shall hold all items of property.  The officer shall

30  release the property only pursuant to law or a court order.

31

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    14-1502-98                                              See HB




  1         510.411  Exemptions from writ of distress.--The

  2  following property of a resident is exempt from distress and

  3  sale under this chapter:

  4         (1)  From final distress and sale:  clothing and items

  5  essential to the health and safety of the resident.

  6         (2)  From prejudgment writ of distress:  clothing,

  7  items essential to the health and safety of the resident, and

  8  any tools of the resident's trade or profession, business

  9  papers, or other items directly related to such trade or

10  profession.

11         510.412  Writ; claims by third persons.--Any third

12  person claiming any property distrained pursuant to this

13  chapter may interpose and prosecute a claim for the property

14  in the same manner as is provided in similar cases of claim to

15  property levied on under execution.

16         510.413  Judgment for plaintiff when goods not

17  delivered to defendant.--If it appears that the account stated

18  in the complaint is wrongfully unpaid and the property

19  described in such complaint is the defendant's and was held by

20  the officer executing the prejudgment writ, the plaintiff

21  shall have judgment for damages sustained by the plaintiff,

22  which may include reasonable attorney's fees and costs, by

23  taking title to the defendant's property in the officer's

24  possession or by having the property sold as prescribed in s.

25  510.417.

26         510.414  Judgment for plaintiff when goods retained by

27  or redelivered to defendant.--

28         (1)  If it appears that the property was retained by,

29  or redelivered to, the defendant on the defendant's

30  forthcoming bond, either under s. 510.406(4) or (6), the

31  plaintiff shall take judgment for the property, which may

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    Florida Senate - 1998                                  SB 1914
    14-1502-98                                              See HB




  1  include reasonable attorney's fees and costs, and against the

  2  defendant and the surety on the forthcoming bond for the value

  3  of the outstanding account, and the judgment, which may

  4  include reasonable attorney's fees and costs, shall be

  5  satisfied by the recovery and sale of the property or the

  6  amount adjudged against the defendant and the defendant's

  7  surety.

  8         (2)  After the judgment is rendered, the plaintiff may

  9  seek a writ of possession for the property and execution for

10  the plaintiff's costs or have execution against the defendant

11  and the defendant's surety for the amount recovered and costs.

12  If the plaintiff elects to have a writ of possession for the

13  property and the officer is unable to find the property, the

14  plaintiff may immediately have execution against the defendant

15  and the defendant's surety for the whole amount recovered less

16  the value of any property found by the officer.  If the

17  plaintiff has execution for the whole amount, the officer

18  shall release all property taken under the writ of possession.

19         (3)  In any proceeding to ascertain the value of the

20  property so that judgment for the value may be entered, the

21  value of each article shall be found.

22         510.415  Judgment for defendant when goods are retained

23  by or redelivered to the defendant.--When property has been

24  retained by, or redelivered to, the defendant on the

25  defendant's forthcoming bond or upon the dissolution of a

26  prejudgment writ and the defendant prevails, the defendant

27  shall have judgment against the plaintiff for any damages due

28  for the taking of the property, which may include reasonable

29  attorney's fees and costs.  The remedies provided in this

30  section and s. 510.416 do not preclude any other remedies

31  available under the laws of this state.

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    14-1502-98                                              See HB




  1         510.416  Judgment for defendant when goods are not

  2  retained by or redelivered to the defendant.--If the property

  3  has not been retained by, or redelivered to, the defendant and

  4  the defendant prevails, judgment shall be entered against the

  5  plaintiff for possession of the property.  Such judgment may

  6  include reasonable attorney's fees and costs.  The remedies

  7  provided in s. 510.415 and this section do not preclude any

  8  other remedies available under the laws of this state.

  9         510.417  Writ; sale of property distrained.--

10         (1)  If the judgment is for the plaintiff, the property

11  in whole or in part shall, at the plaintiff's option pursuant

12  to s. 510.413 or s. 510.414, be sold and the proceeds applied

13  on the payment of the judgment.

14         (2)  At the time any property levied on is sold, it

15  must be advertised two times, the first advertisement being at

16  least 10 days before the sale.  All property so levied on may

17  be sold on the premises of the affordable residential

18  accommodation or at the courthouse door.

19         (3)  If the defendant appeals and obtains a writ of

20  supersedeas before sale of the property has occurred, the

21  property shall be held by the officer executing the writ, and

22  there may not be a sale or disposition of the property until

23  final judgment is had on appeal.

24         Section 2.  This act shall take effect October 1 of the

25  year in which enacted.

26

27            *****************************************

28                       LEGISLATIVE SUMMARY

29
      Creates the "Florida Affordable Residential
30    Accommodations Act." Provides for affordable housing for
      the poor. (See bill for details.)
31

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