House Bill 3567

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    Florida House of Representatives - 1998                HB 3567

        By Representatives Reddick and Trovillion






  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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  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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  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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  1         Section 1.  Sections 510.011, 510.013, 510.021,

  2  510.032, 510.033, 510.034, 510.036, 510.037, 510.038, 510.041,

  3  510.042, 510.101, 510.105, 510.111, 510.121, 510.122, 510.123,

  4  510.131, 510.132, 510.133, 510.134, 510.136, 510.138, 510.141,

  5  510.142, 510.143, 510.151, 510.161, 510.162, 510.191, 510.201,

  6  510.211, 510.212, 510.215, 510.221, 510.241, 510.245, 510.247,

  7  510.251, 510.261, 510.262, 510.265, 510.281, 510.282, 510.285,

  8  510.401, 510.402, 510.403, 510.404, 510.405, 510.406, 510.407,

  9  510.408, 510.409, 510.411, 510.412, 510.413, 510.414, 510.415,

10  510.416, and 510.417, Florida Statutes, are created to read:

11         510.011  Short title.--This chapter may be cited as the

12  "Florida Affordable Residential Accommodations Act."

13         510.013  Definitions.--As used in this chapter, unless

14  the context clearly indicates otherwise:

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

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

17  include rent paid in advance for a current rent payment

18  period.

19         (2)(a)  "Affordable residential accommodations

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

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

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

23  appurtenant to such edifice, constructed, established, or

24  operated as housing which is affordable to low-income

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

26  or temporary workers.

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

28  paragraph (a):

29         1.  Any dormitory or other living or sleeping facility

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

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

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

  2  living facility, adult congregate living facility, or other

  3  similar place;

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

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

  6  be places that are affordable residential accommodations;

  7         4.  Any dwelling unit licensed under chapter 509,

  8  provided, licensed public lodging facilities are presumed to

  9  meet all requirements of rules adopted pursuant to ss.

10  510.212, 510.215, and 510.221 for purposes of obtaining a

11  permit to operate an affordable residential accommodation.

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

13  means any law, ordinance, or governmental regulation

14  concerning health, safety, sanitation or fitness for

15  habitation, or the construction, maintenance, operation,

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

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

18  residential accommodation not included within private living

19  quarters and where residents of affordable residential

20  accommodations generally congregate.

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

22  Family Services and its representative county public health

23  units.

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

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

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

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

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

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

30  of Children and Family Services.

31         (8)  "Dwelling unit" means:

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

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

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

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

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

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

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

  8  persons.

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

10  or transaction concerned.

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

12  invited by a resident to an affordable residential

13  accommodation to visit that resident.

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

15  other than an invited resident, who is:

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

17  official;

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

19  sole purpose is to provide medical care or medical

20  information;

21         (c)  A representative of a bona fide religious

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

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

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

25  resident;

26         (d)  A representative of a nonprofit legal services

27  organization, who must comply with the Code of Professional

28  Conduct of The Florida Bar; or

29         (e)  Any other person who provides services for

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

31

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

  2  conduct solicitations.

  3         (12)  "Personal hygiene facilities" means adequate

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

  5  Fahrenheit for bathing and dishwashing purposes, and an

  6  adequate and convenient approved supply of potable water

  7  available at all times in each affordable residential

  8  accommodation for drinking, culinary, bathing, dishwashing,

  9  and laundry purposes.

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

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

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

13  use of residents of affordable residential accommodations

14  generally.

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

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

17  bathroom facilities, or a similar type of sleeping and

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

19  for a resident of an affordable residential accommodation.

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

21  licensee, lessor, manager, assistant manager, or appointed

22  agent of an affordable residential accommodation.

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

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

25  occupancy of an affordable residential accommodation under a

26  rental agreement and any other payments due the proprietor

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

28  rental agreement.

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

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

31  unit of the premises.

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

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

  3  license for the use and occupancy of an affordable residential

  4  accommodation.

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

  6  proprietor as security for the performance of the rental

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

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

  9  to the expiration thereof.

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

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

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

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

14  highway.

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

16  battery operated device which detects visible or invisible

17  particles of combustion and which is listed by Underwriters

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

19  other nationally recognized testing laboratory using

20  nationally accepted testing standards.

21         (22)  "Tenant" means a resident.

22         510.021  Affordable Residential Accommodations Trust

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

24  Affordable Residential Accommodations Trust Fund created by HB

25        shall be used for the administration and operation of

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

27  under the jurisdiction of the department pertaining to the

28  construction, maintenance, and operation of affordable

29  residential accommodations, including the inspection of

30  elevators as required under chapter 399.  All funds collected

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

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  1  shall be deposited in the State Treasury into the Affordable

  2  Residential Accommodations Trust Fund.

  3         510.032  Application.--This chapter applies solely to

  4  affordable residential accommodations.  The provisions of this

  5  chapter may be used only for permitted dwelling units and

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

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

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

  9  of chapter 509.

10         510.033  Duties.--

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

12  the provisions of this chapter and all other applicable laws

13  and rules relating to the inspection or regulation of

14  affordable residential accommodations for the purpose of

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

16  department shall be responsible for ascertaining that a

17  proprietor permitted under this chapter does not engage in any

18  misleading advertising or unethical practices.

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

20  responsibility and jurisdiction for all inspections required

21  by this chapter.  The department has responsibility for

22  quality assurance.  Each permitted accommodation shall be

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

24  department determines is necessary to ensure the public's

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

26  system to determine inspection frequency.  If, during the

27  inspection of an affordable residential accommodation, an

28  inspector identifies elderly or disabled individuals who

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

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

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

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

  2  meetings with the following agencies as appropriate to the

  3  individual situation: the Department of Elderly Affairs, the

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

  5  and affected residents and clients, and other relevant

  6  organizations, to develop a plan which improves the prospects

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

  8  alternative living arrangements such as facilities permitted

  9  under part II or part III of chapter 400.

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

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

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

13  number of inspections conducted by the department to ensure

14  the enforcement of the provisions of this chapter and any

15  recommendations for improved inspection procedures.  The

16  department shall also keep accurate account of all expenses

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

18  collected under this chapter.

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

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

21  this chapter.

22         510.034  Nondiscrimination.--

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

24  this state that each county and municipality must permit and

25  encourage the development and use of a sufficient number of

26  affordable residential accommodations to meet local needs.

27  The Legislature further finds that discriminatory practices

28  that inhibit the development of affordable residential

29  accommodations are a matter of state concern.

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

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

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

  2  intended residents of such housing may invoke the provisions

  3  of this chapter.

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

  5  administer local land use ordinances to prohibit or

  6  discriminate against the development and use of affordable

  7  residential accommodations because of the occupation, race,

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

  9  intended residents.

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

11  local property taxes, water service and garbage collection

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

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

14  same type in the same zone are subject.

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

16  county from extending preferential treatment to affordable

17  residential accommodations, including, without limitation, fee

18  reductions or waivers or changes in architectural

19  requirements, site development or property line requirements,

20  or vehicle parking requirements that reduce the development

21  costs of affordable residential accommodations.

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

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

24  affordable residential accommodations is prohibited.  The

25  rental of an affordable residential accommodation dwelling

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

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

28  facilities not permitted as affordable residential

29  accommodations, or other taxing statutes.

30         510.036  Notices; form and service.--Each notice served

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

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

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

  3  affordable residential accommodation.  If the proprietor

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

  5  otherwise unable to effect service after due diligence, the

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

  7  accommodation.  Any person who willfully refuses to sign and

  8  accept a citation issued by the department commits a

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

10  775.082 or s. 775.083.

11         510.037  Right of entry.--The department or its

12  inspectors may enter and inspect affordable residential

13  accommodations at reasonable hours and investigate such facts,

14  conditions, and practices or matters as are necessary or

15  appropriate to determine whether any person has violated any

16  provisions of applicable statutes or rules adopted pursuant

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

18  premises that the department has reason to believe is being

19  established, maintained, or operated as an affordable

20  residential accommodation without a permit, but such entry may

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

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

23  first obtained from the circuit court authorizing the entry.

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

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

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

27  verify the information submitted on or in connection with the

28  application; to discover, investigate, and determine the

29  existence of any violation of this chapter or rules adopted

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

31  resolve complaints.  Any current valid permit constitutes

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  1  unconditional permission for, and complete acquiescence in,

  2  any entry or inspection of the premises by authorized

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

  4  reports of such inspections.

  5         510.038  Affordable residential accommodations;

  6  relationship of resident and proprietor; rights as private

  7  enterprises.--

  8         (1)  Affordable residential accommodations are private

  9  enterprises, and the proprietor has the right to refuse

10  accommodations or service to any person who is objectionable

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

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

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

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

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

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

17  affordable residential accommodation and the resident.

18         (3)  An affordable residential accommodation licenses

19  the use and occupancy of the premises. The relationship

20  between the resident and the proprietor is that of licensee

21  and licensor.

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

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

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

25  property of the proprietor.

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

27  residential tenant with property rights in the premises

28  regardless of the length of occupancy.

29         510.041  Rules; variances; penalties.--

30         (1)  The department shall adopt rules necessary to

31  protect the health and safety of residents of affordable

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  1  residential accommodations and to implement the provisions of

  2  this chapter.  These rules must include provisions relating to

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

  4  affordable residential accommodations, personal hygiene

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

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

  7  garbage, heating equipment, water supply, maintenance and

  8  operation of affordable residential accommodations, and such

  9  other matters as the department finds to be appropriate or

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

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

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

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

14  exceed $100.  This application must:

15         (a)  Clearly specify the standard from which the

16  variance is desired;

17         (b)  Provide adequate justification that the variance

18  is necessary to obtain a beneficial use of an existing

19  facility and to prevent a practical difficulty or unnecessary

20  hardship; and

21         (c)  Clearly set forth the specific alternative

22  measures that the proprietor has taken to protect the health

23  and safety of occupants and adequately show that the

24  alternative measures have achieved the same result as the

25  standard from which the variance is sought.

26

27  The provisions of this subsection shall be liberally

28  construed.

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

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

31  conditions of the variance the specific alternative measures

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

  2  denying the request, the department must provide written

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

  4  to an administrative hearing to contest the denial within 21

  5  days after the date of receipt of the notice.

  6         (4)  The department shall inspect affordable

  7  residential accommodations whenever necessary to respond to an

  8  emergency or epidemiological condition.

  9         510.042  Preemption authority.--The regulation and

10  inspection of affordable residential accommodations is

11  preempted to the state.

12         510.101  Establishment of rules; posting of notice;

13  maintenance of resident register.--

14         (1)  Any proprietor of an affordable residential

15  accommodation may establish reasonable rules and regulations

16  for the management of the accommodation and its residents and

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

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

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

20  remains in or at the accommodation.  Such rules and

21  regulations shall be deemed to be a special contract between

22  the proprietor and each resident or employee using the

23  services or facilities of the proprietor.  Such rules and

24  regulations shall control the liabilities, responsibilities,

25  and obligations of all parties.  Any rules or regulations

26  established pursuant to this chapter shall be printed and

27  posted in a prominent place within such affordable residential

28  accommodation. Such posting shall also include notice that a

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

30  public review.  The proprietor shall review the rules and

31  regulations with each registering tenant at the time of

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  1  registration and shall provide a copy of such rules and

  2  regulations to the residents of each dwelling at the beginning

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

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

  5  unit in order to be enforceable.

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

  7  residential accommodation to maintain at all times a register,

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

  9  accommodation, showing the dates upon which the rental units

10  were occupied by such residents and the rates charged for

11  their occupancy.  This register shall be maintained in

12  chronological order and available for inspection by the

13  department at any time.  Proprietors need not make available

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

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

16  the office of the permitted accommodation which shall be made

17  available to the public upon request.  Written rental

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

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

20  registration.

21         510.105  Obligation of good faith.--Every rental

22  agreement or duty within this part imposes an obligation of

23  good faith in its performance or enforcement.

24         510.111  Disclosure.--

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

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

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

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

29  behalf.  The person so authorized to receive notices and

30  demands retains authority until the resident is notified

31  otherwise.  All notices of changes thereto shall be delivered

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

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

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

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

  5  a building exceeding three stories in height and containing

  6  dwelling units, shall disclose to the residents initially

  7  moving into the building the availability or lack of

  8  availability of fire protection.

  9         510.121  Rent; duration of tenancies.--Unless otherwise

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

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

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

13  is uniformly apportionable from day to day when paid as

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

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

16  fees may be charged for untimely rent payments not exceeding

17  15 percent of the periodic rent.  Late fees may not be applied

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

19         510.122  Room rental rates; posting; advertising;

20  penalties.--

21         (1)  In each affordable residential accommodation

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

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

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

25  rented.  Such posting shall show the maximum amount charged

26  for occupancy per person; the amount charged for extra

27  conveniences, more complete accommodations, or additional

28  furnishings.  Copies of the posted rate schedules for all

29  similar rental units in each accommodation shall be filed with

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

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

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  1  accommodation may not exceed those on file with the

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

  3  rates posted in the accommodation and filed with the

  4  department.

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

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

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

  8  the rates charged at an affordable residential accommodation

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

10  letters and figures of similar size and prominence, the

11  following words:  "Affordable Residential Accommodations."  A

12  sign may not be displayed which includes a statement or

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

14  affordable residential accommodation when in fact the

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

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

17  other indications that the facility caters to the traveling

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

19  dwelling units on the premises properly licensed under chapter

20  509.

21         (b)  An advertisement may not be published that

22  contains false or misleading statements about any affordable

23  residential accommodation.

24         (3)  Any proprietor of any affordable residential

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

26  the provisions of this section commits a misdemeanor of the

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

28  775.083.  In addition to the criminal penalty, the permit of

29  any affordable residential accommodation may be suspended or

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

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

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  1  510.261, when the proprietor of such accommodation is

  2  determined by the department to have violated any provision of

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

  4  convicted of violating this section as a condition precedent

  5  to the suspension or revocation of such license or the

  6  imposition of a civil penalty by the department.

  7         510.123  Access to affordable residential

  8  accommodations by guests.--

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

10  an affordable residential accommodation may decide who may

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

12  proprietor may not prohibit or attempt to prohibit an invited

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

14  the resident who invited the guest by the erection or

15  maintenance of any physical barrier, by physical force or

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

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

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

19  private living quarters upon the reasonable request of a

20  resident residing within the same private living quarters.  No

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

22  issued a trespass warrant by a law enforcement officer.

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

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

25  areas of an affordable residential accommodation as provided

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

27  prohibit other visitors access to or egress from the common

28  areas of an affordable residential accommodation by the

29  erection or maintenance of any physical barrier, by physical

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

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

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  1  in this chapter. Proprietors of affordable residential

  2  accommodations may adopt reasonable rules regulating hours of

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

  4  access each day during nonworking hours Monday through

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

  6  Sunday.  Any other authorized visitor must leave the private

  7  living quarters upon the reasonable request of a person who

  8  resides in the same private living quarters.

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

10  exercising rights guaranteed by this chapter may bring an

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

12  alleged infringement occurred; and, upon favorable

13  adjudication, the court shall enjoin the enforcement of any

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

15  of such rights.

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

17  not residents or invitees, for purposes of any premises

18  liability.

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

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

21  present picture identification. An affordable residential

22  accommodation may adopt other rules regulating access to an

23  accommodation only if the rules are reasonably related to the

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

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

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

27  unenforceable unless the rules have been conspicuously posted

28  in the affordable residential accommodation, have been given

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

30  been furnished to the department.

31

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

  2  general right of solicitation in affordable residential

  3  accommodations.  This section does not prohibit the erection

  4  or maintenance of a fence around an affordable residential

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

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

  7  land adjacent to an affordable residential accommodation if

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

  9  section restrict residents residing within the same living

10  quarters from imposing reasonable restrictions on their fellow

11  residents to accommodate reasonable privacy and other concerns

12  of the residents.

13         510.131  Proprietor's obligation to maintain

14  premises.--

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

16  shall:

17         (a)  Comply with the requirements of applicable

18  building, housing, and health codes; or

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

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

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

22  other structural components in good repair and capable of

23  resisting normal forces and loads and the plumbing in

24  reasonable working condition; and

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

26

27  The proprietor's obligations under this subsection may be

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

29  home or duplex.

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

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

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

  2  at all times during the tenancy, make reasonable provisions

  3  for:

  4         1.  Locks and keys.

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

  6         3.  Garbage removal and outside receptacles therefor.

  7         4.  Properly functioning facilities for heat during

  8  winter, running water, and hot water.

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

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

11  covering, but not including paint.

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

13  condition for all windows in the dwelling unit.

14         7.  Adequate furniture for each room of each dwelling

15  unit with minimum requirements as follows:

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

17  lamp.

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

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

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

21  for each resident in the unit, properly functioning electric

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

23  functioning refrigerator with no less than 10 cubic feet of

24  refrigerated area, adequate cabinets, and sink.

25

26  At the sole discretion of the proprietor, residents may

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

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

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

30  premises is required for such extermination, the proprietor

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

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  1  resident shall be required to temporarily vacate the premises

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

  3  notice, if necessary, for extermination pursuant to this

  4  subparagraph.

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

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

  7  the proprietor shall install working smoke detection devices.

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

  9  raise a noncompliance by the proprietor with this subsection

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

11  any other provision of law.

12         (d)  Nothing contained in this subsection prohibits the

13  proprietor from providing in the rental agreement that the

14  resident is obligated for the costs or charges for garbage

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

16  allowable amount shown on the rental agreement as the

17  reasonable utility costs for the dwelling unit occupied by the

18  resident.

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

20  under this section for conditions created or caused by the

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

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

23  resident's consent.

24         510.132  Liability for property of residents.--

25         (1)  The proprietor of an affordable residential

26  accommodation is not under any obligation to accept for

27  safekeeping any moneys, securities, jewelry, or precious

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

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

30  loss thereof unless such loss was the proximate result of

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

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

  2  the affordable residential accommodation gave a receipt for

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

  4  type large enough to be clearly noticeable, that the

  5  affordable residential accommodation was not liable for any

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

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

  8  the proprietor.

  9         (2)  The proprietor of an affordable residential

10  accommodation is not liable or responsible to any resident for

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

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

13  the proximate result of fault or negligence of such

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

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

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

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

18  thereof and the proprietor is given the opportunity to inspect

19  such effects and check them against such inventory.  The

20  proprietor of an affordable residential accommodation is not

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

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

23         510.133  Resident's obligation to maintain dwelling

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

25         (1)  Comply with all obligations imposed upon residents

26  by applicable provisions of building, housing, and health

27  codes and the rules of the department.

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

29  occupies and uses clean and sanitary, especially the kitchen

30  and bath areas.

31

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

  2  garbage in a clean and sanitary manner.

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

  4  used by the resident clean and sanitary.

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

  6  electrical, plumbing, sanitary, heating, ventilating,

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

  8  appliances, including elevators.

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

10  part of the premises or property therein belonging to the

11  proprietor nor permit any person to do so.

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

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

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

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

16  of the peace.

17         510.134  Proprietor's access to dwelling unit.--

18         (1)  The resident shall not unreasonably withhold

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

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

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

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

23  supply agreed services; or exhibit the dwelling unit to

24  prospective or actual purchasers, mortgagees, residents,

25  workers, or contractors.

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

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

28  proprietor may enter the dwelling unit upon reasonable notice

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

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

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

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

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

  3  may enter the dwelling unit when necessary for the further

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

  5  following circumstances:

  6         (a)  With the consent of the resident;

  7         (b)  In case of emergency;

  8         (c)  When the resident unreasonably withholds consent;

  9  or

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

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

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

13  proprietor of an intended absence, then the proprietor may

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

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

16  509.142, or s. 509.143.

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

18  nor use it to harass the resident.

19         510.136  Casualty damage.--If the premises are damaged

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

21  the resident so that the enjoyment of the premises is

22  substantially impaired, the resident may terminate the rental

23  agreement and immediately vacate the premises.  The resident

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

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

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

27  premises damaged or destroyed. If the rental agreement is

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

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

30  resident.

31

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  1         510.138  Right of action for damages.--If either the

  2  proprietor or the resident fails to comply with the

  3  requirements of the rental agreement or this part, the

  4  aggrieved party may recover the damages caused by the

  5  noncompliance.  Legal fees shall not be assessed against the

  6  losing party for any acton taken under this chapter.

  7         510.141  Refusal of admission and ejection of

  8  undesirable residents; notice; procedure; penalties for

  9  refusal to leave.--

10         (1)  The proprietor of any affordable residential

11  accommodation may remove or cause to be removed from such

12  accommodation, in the manner hereinafter provided, any

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

14  premises of the accommodation, illegally possesses or deals in

15  controlled substances as defined in chapter 893 or is

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

17  language or conduct which disturbs the peace and comfort of

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

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

20  affordable residential accommodation, fails to make payment of

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

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

23  in writing by the resident and affordable residential

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

25  agreed to by the affordable residential accommodation and

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

27  proprietor, is a person the continued entertainment of whom

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

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

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

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

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  1         (2)  The proprietor of any affordable residential

  2  accommodation shall notify such resident or visitor that the

  3  accommodation no longer desires to entertain the resident and

  4  shall request that such resident or visitor immediately depart

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

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

  7         "You are hereby notified that this accommodation no

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

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

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

11  laws of this state."

12

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

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

15  unused portion of the advance payment; however, the

16  accommodation may withhold payment for each full day that the

17  resident has been entertained at the accommodation for any

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

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

20  occupancy for an entire day.

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

22  remain in any such accommodation after being requested to

23  leave commits a misdemeanor of the second degree, punishable

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

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

26  affordable residential accommodation, the proprietor of such

27  accommodation may call upon any law enforcement officer of

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

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

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

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

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

  2  proper judicial officer for the arrest of any violator of

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

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

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

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

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

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

  9  accommodation may then make such premises available to other

10  residents.  However, the proprietor of the accommodation shall

11  employ all reasonable and proper means to care for any

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

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

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

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

16  affordable residential accommodation, if done in compliance

17  with this subsection, does not render such law enforcement

18  officer criminally or civilly liable for false arrest, false

19  imprisonment, or unlawful detention.

20         510.142  Conduct on premises; refusal of service.--The

21  proprietor of an affordable residential accommodation may

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

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

24  proprietor, displays intoxication, profanity, lewdness, or

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

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

27  in illegal or disorderly conduct; who illegally possesses or

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

29  whose conduct constitutes a nuisance. This provision applies

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

31

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

  2  national origin.

  3         510.143  Disorderly conduct on the premises of an

  4  affordable residential accommodation; detention; arrest;

  5  immunity from liability.--

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

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

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

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

10  877.03 on the premises of the permitted accommodation and that

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

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

13  enforcement officer to the scene immediately after detaining a

14  person under this subsection.

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

16  off the premises of the permitted accommodation and without a

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

18  violated s. 877.03 on the premises of a permitted

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

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

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

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

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

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

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

26  subsection (2).

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

28  proprietor or a law enforcement officer to detain or arrest

29  that person in accordance with this section commits a

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

31  775.082 or s. 775.083, unless the person did not know or did

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

  2  detention or arrest was the proprietor of the accommodation or

  3  a law enforcement officer.

  4         510.151  Obtaining lodging with intent to defraud;

  5  penalty.--

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

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

  8  accommodation, with intent to defraud the proprietor thereof,

  9  commits a misdemeanor of the second degree, punishable as

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

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

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

13  775.082, s. 775.083, or s. 775.084.

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

15  an agreement in writing for delay in payments.

16         510.161  Rules of evidence in prosecutions.--In

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

18  amenities were obtained by false pretense; by false or

19  fictitious show of baggage or other property; by absconding

20  without paying or offering to pay for such lodging or

21  amenities; or by surreptitiously removing or attempting to

22  remove baggage shall constitute prima facie evidence of

23  fraudulent intent.  If the proprietor of the accommodation has

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

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

26  accommodation with intent to defraud the proprietor thereof,

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

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

29  evidence of fraudulent intent in such prosecutions.

30         510.162  Theft of personal property; detaining and

31  arrest of violator; theft by employee.--

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

  2  affordable residential accommodation who has probable cause to

  3  believe that theft of personal property belonging to such

  4  accommodation has been committed by a person and that the

  5  officer or proprietor can recover such property or the

  6  reasonable value thereof by taking the person into custody

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

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

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

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

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

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

13  law enforcement officer or proprietor of an affordable

14  residential accommodation, if done in compliance with this

15  subsection, does not render such law enforcement officer or

16  proprietor criminally or civilly liable for false arrest,

17  false imprisonment, or unlawful detention.

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

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

20  is probable cause to believe that person has committed theft

21  in an affordable residential accommodation.

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

23  law enforcement officer or proprietor of an affordable

24  residential accommodation to recover property which the law

25  enforcement officer or proprietor had probable cause to

26  believe had been stolen from the affordable residential

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

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

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

30  775.083, unless such person did not know, or did not have

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

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

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

  3  of resisting apprehension may be tried concurrently.

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

  5  an accommodation permitted under this chapter, or of property

  6  belonging to such accommodation, by an employee of the

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

  8  which has contracted to provide services to the accommodation

  9  constitutes a felony of the third degree, punishable as

10  provided in s. 775.082 or s. 775.083.

11         510.191  Unclaimed property.--Any property with an

12  identifiable owner which is left in an affordable residential

13  accommodation, other than property belonging to a resident who

14  has vacated the premises without notice to the proprietor and

15  with an outstanding account, which property remains unclaimed

16  after being held by the establishment for 90 days after

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

18  become the property of the accommodation. Property without an

19  identifiable owner which is found in an affordable residential

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

21  affordable residential accommodation may charge a reasonable

22  storage and handling fee for any property which must be

23  stored.

24         510.201  Telephone surcharges by affordable residential

25  accommodations.--

26         (1)  An affordable residential accommodation which

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

28  such surcharge in a conspicuous place located by each

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

30  may originate.  Such notice must be plainly visible and

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

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

  2  applies whether or not the telephone call has been attempted

  3  or completed.  An affordable residential accommodation which

  4  imposes a charge for delivering phone messages to residents

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

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

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

  8  affordable residential accommodation that violates subsection

  9  (1).

10         510.211  Safety regulations.--

11         (1)  Each bedroom or apartment in each affordable

12  residential accommodation shall be equipped with an approved

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

14  adjoining room or apartment, or to a hallway.

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

16  notify the local firesafety authority or the State Fire

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

18  633 which relates to affordable residential accommodations.

19  The department may impose administrative sanctions for

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

21  such violations to the local firesafety authorities for

22  enforcement.

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

24  affordable residential accommodation any fuel-burning

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

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

27  gases or liquids.

28         (b)  Any person who violates the provisions of

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

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

31

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  1         (4)  Each affordable residential accommodation three or

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

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

  4  must be properly maintained and repaired.  The department may

  5  impose administrative sanctions for violations of this

  6  subsection pursuant to s. 510.261.

  7         510.212  Affordable residential accommodations three or

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

  9  directed to provide rules to require that:

10         (1)  Every affordable residential accommodation three

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

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

13  railways have been inspected by a person competent to conduct

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

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

16  filed commencing with licensing, and every 3 years thereafter

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

18  or municipal authority responsible for building and zoning

19  permits.

20         (3)  If an affordable residential accommodation three

21  or more stories in height fails to file the information

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

23  administrative sanctions pursuant to s. 510.261.

24         510.215  Firesafety.--

25         (1)  Any affordable residential accommodation three or

26  more stories in height shall be equipped with an automatic

27  sprinkler system installed in compliance with the provisions

28  prescribed in the National Fire Protection Association

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

30  Sprinkler Systems."  The sprinkler installation may be omitted

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

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

  2  closets and bathrooms are located in resident rooms.  Each

  3  resident room shall be equipped with an approved listed

  4  single-station smoke detector meeting the minimum requirements

  5  of the National Fire Protection Association NFPA 74 "Standards

  6  for the Installation, Maintenance and Use of Household Fire

  7  Warning Equipment," powered from the building electrical

  8  service, notwithstanding the number of stories in the

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

10  detection is not required when resident rooms contain smoke

11  detectors connected to a central alarm system which also

12  alarms locally.

13         (2)  Any affordable residential accommodation three or

14  more stories in height shall be equipped with:

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

16         (b)  An approved sprinkler system for all interior

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

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

19  the following conditions are met:

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

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

22         2.  The building is constructed of noncombustible

23  materials.

24         3.  The egress conditions meet the requirements of the

25  National Fire Protection Association, Life Safety Code, NFPA

26  101, s. 5-3.

27         4.  The building has a complete automatic fire

28  detection system which meets the requirements of the National

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

30  smoke detectors in each resident room individually

31  annunciating to a panel at a supervised location.

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

  2  smoke detectors required in subsection (1) and subparagraph

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

  4  for any accommodation for which the construction contract was

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

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

  7  smoke detector approved by the Division of State Fire Marshal

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

  9  1986.

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

11  contrary, this section applies only to those affordable

12  residential accommodations in a building wherein more than 50

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

14  out to the public as available for affordable residential

15  accommodation occupancy.

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

17  section shall be made for affordable residential

18  accommodations that are listed in the National Register of

19  Historic Places as determined by the United States Department

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

21  state as determined by the State Historic Preservation

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

23  consultation with the chair of the local historic preservation

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

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

26  protection and lifesafety support that would meet the intent

27  of the National Fire Protection Association standards and be

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

29  director of the department, the director of the Division of

30  State Fire Marshal, and the State Historic Preservation

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

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  1  shall be designated chair of the commission and shall record

  2  the minutes of each commission meeting.

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

  4  accordance with the provisions of chapter 120, any rules

  5  necessary for the implementation and enforcement of this

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

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

  8  any establishment licensed under this chapter in violation of

  9  this section may be subject to administrative sanctions by the

10  department pursuant to s. 510.261.

11         (7)  Specialized smoke detectors for the deaf and

12  hearing impaired shall be available upon request by residents

13  in affordable residential accommodations at a rate of at least

14  one such smoke detector per 50 dwelling units or portions

15  thereof, not to exceed five such smoke detectors per

16  affordable residential accommodation.

17         (8)  The National Fire Protection Association

18  publications referenced in this section are the ones most

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

20  of the Department of Insurance.

21         510.221  Sanitary regulations.--

22         (1)  Each affordable residential accommodation shall be

23  supplied with potable water and shall provide adequate

24  sanitary facilities for the accommodation of its employees and

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

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

27  sanitary facilities shall be connected to approved plumbing.

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

29  accordance with applicable state and local plumbing codes.

30  Wastewater or sewage shall be properly treated onsite or

31

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  1  discharged into an approved sewage collection and treatment

  2  system.

  3         (2)  Each affordable residential accommodation shall

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

  5  properly designated, unless otherwise provided by rule. The

  6  department shall establish by rule categories of

  7  accommodations not subject to the bathroom requirement of this

  8  paragraph. Each affordable residential accommodation that does

  9  not provide private or connecting bathrooms shall maintain one

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

11  fraction of that number, rooming on that floor.

12         (3)  Each affordable residential accommodation

13  permitted under this chapter shall be properly lighted,

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

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

16  residents.  Such proper lighting shall be construed to apply

17  to both daylight and artificial illumination.

18         (4)  Each bedroom in an affordable residential

19  accommodation shall have an opening to the outside of the

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

21  ventilation.  Where ventilation is provided mechanically, the

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

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

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

25  directly to the outside.

26         (5)  The proprietor of any affordable residential

27  accommodation permitted under this chapter shall take

28  effective measures to protect the accommodation against the

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

30  room in such accommodation infested with such vermin shall be

31

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  1  fumigated, disinfected, or renovated, or other corrective

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

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

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

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

  6  not be employed by any accommodation licensed under this

  7  chapter in any capacity whereby there is a likelihood such

  8  disease could be transmitted to other individuals.  A

  9  proprietor that has reason to believe that an employee may

10  present a public health risk shall immediately notify the

11  proper health authority.

12         510.241  Permit required to operate an affordable

13  residential accommodation; penalties for unlawful

14  establishment or operation; allocation of proceeds.--

15         (1)  AFFORDABLE RESIDENTIAL ACCOMMODATIONS; PERMIT

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

17  an affordable residential accommodation in this state without

18  first having obtained a permit from the department and who

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

20  accommodation to which it applies at all times during

21  maintenance or operation of the accommodation commits a

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

23  775.082 or s. 775.083.  Such permit may not be transferred

24  from one place or individual to another.  Local law

25  enforcement agencies shall provide immediate assistance in

26  prosecuting an illegally operating accommodation.

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

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

29  that is not constructed and maintained in accordance with law

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

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

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  1  affordable residential accommodation a proprietor of which,

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

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

  4  reflecting on professional character, including soliciting for

  5  prostitution, pandering, letting premises for prostitution,

  6  keeping a disorderly place, or illegally dealing in controlled

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

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

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

10  Permits shall be renewed annually, and the department shall

11  adopt a rule establishing a staggered schedule for permit

12  renewals.  If any permit expires while administrative charges

13  are pending against the permit, the proceedings against the

14  permit shall continue to conclusion as if the permit were

15  still in effect.

16         (3)  APPLICATION FOR PERMIT TO OPERATE AN AFFORDABLE

17  RESIDENTIAL ACCOMMODATION.--Application for a permit to

18  establish, operate, or maintain an affordable residential

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

20  form and under rules prescribed by the department. The

21  application must state the location of the existing or

22  proposed affordable residential accommodation; the approximate

23  number of persons to be accommodated; and any other

24  information the department requires.

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

26  department shall be conspicuously displayed in the office or

27  lobby of the permitted establishment.

28         (5)  AFFORDABLE RESIDENTIAL ACCOMMODATIONS; HEALTH AND

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

30  any affordable residential accommodation in this state without

31  providing adequate personal hygiene facilities, lighting,

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  1  sewage disposal, and garbage disposal, and without first

  2  having obtained the required permit from the department,

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

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

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

  6  $1,000 for each violation of this section.  If the owner of

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

  8  the person committing the violation and the owner knew or

  9  should have known upon reasonable inquiry that this section

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

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

12  be imposed, the department shall consider any corrective

13  actions taken by the violator and any previous violations.

14         (7)  SEIZURE.--

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

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

17  connection with a felony violation of this section may be

18  seized and forfeited pursuant to the Contraband Forfeiture

19  Act.

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

21  remaining proceeds from the sale of the property seized under

22  this section shall be allocated as follows if the department

23  participated in the inspection or investigation leading to

24  seizure and forfeiture under this section:

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

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

27  provided in s. 932.7055.

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

29  department, to be used for purposes of enforcing the

30  provisions of this section.

31

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

  2  Affordable Residential Accommodations Trust Fund.

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

  4  remaining proceeds from the sale of the property seized under

  5  this section shall be allocated equally between the law

  6  enforcement agency involved in the seizure and the Affordable

  7  Residential Accommodations Trust Fund if the department did

  8  not participate in the inspection or investigation leading to

  9  seizure and forfeiture.

10         510.245  Prerequisite for issuance of municipal or

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

12  issue an occupational permit to any business coming under the

13  provisions of this chapter until a permit has been procured

14  for such business from the department.

15         510.247  Issuance of permit to operate affordable

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

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

18  residential accommodation meets the minimum standards of

19  construction, sanitation, equipment, and operation required by

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

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

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

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

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

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

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

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

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

29  facility already licensed as a public lodging establishment by

30  the Department of Business and Professional Regulation, an

31  annual satisfactory sanitation inspection of the living units

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  1  by the Department of Housing and Urban Development shall

  2  substitute for the prepermitting inspection required by the

  3  department.

  4         510.251  Permit fees.--

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

  6  fees to be paid by each affordable residential accommodation

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

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

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

10  shall require an accommodation which applies for an initial

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

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

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

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

15         (a)  Upon making an initial application or an

16  application for change of ownership, the applicant shall pay

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

18  $50, in addition to any other fees required by law, which

19  shall cover all costs associated with initiating regulation of

20  the accommodation.

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

22  30 days after the expiration date shall be accompanied by a

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

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

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

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

27  $100, and any other fees required by law.

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

29  application for change of ownership, the applicant shall pay

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

31  $50, in addition to any other fees required by law, which

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  1  shall cover all costs associated with initiating regulation of

  2  the accommodation.

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

  4  30 days after the expiration date shall be accompanied by a

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

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

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

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

  9  $100, and any other fees required by law.

10         510.261  Revocation or suspension of permits; fines;

11  procedure.--

12         (1)  Any affordable residential accommodation that has

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

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

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

16  the department to:

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

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

19  issued pursuant to this chapter.

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

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

22  on which an accommodation is operated in violation of a

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

24         (3)  The department shall post a prominent

25  closed-for-operation sign on any affordable residential

26  accommodation the permit of which has been suspended or

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

28  accommodation judicially or administratively determined to be

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

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

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

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  1  sign or for any affordable residential accommodation to open

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

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

  4  administrative sanctions for violations of this section.

  5         (4)  All funds received by the department as

  6  satisfaction for administrative fines shall be paid into the

  7  State Treasury to the credit of the Affordable Residential

  8  Accommodations Trust Fund and may not subsequently be used for

  9  payment to any entity performing required inspections under

10  contract with the department.

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

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

13  such period of suspension, the accommodation may apply for

14  reinstatement or renewal of the permit.  An affordable

15  residential accommodation, the permit for which is revoked,

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

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

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

19  permit of any affordable residential accommodation if the

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

21  gambling purposes or permits unlawful gambling in such

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

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

24  management as, such accommodation.

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

26  permit of any affordable residential accommodation when:

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

28  permitted accommodation, within the preceding 5 years in this

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

30  adjudicated guilty of or forfeited a bond when charged with

31  soliciting for prostitution, pandering, letting premises for

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  1  prostitution, keeping a disorderly place, illegally dealing in

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

  3  crime reflecting on professional character.

  4         (b)  Such accommodation has been deemed an imminent

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

  6  local health authority for failure to meet sanitation

  7  standards or the premises have been determined by the

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

  9  occupancy.

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

11  permit for any affordable residential accommodation except in

12  the discretion of the director when the department has

13  notified the current permitholder for such premises that

14  administrative proceedings have been or will be brought

15  against such current permittee for violation of any provision

16  of this chapter or rule of the department.

17         510.262  Prohibited acts; application.--

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

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

20  against a resident of that housing, discriminatorily terminate

21  or discriminatorily modify a tenancy by increasing the

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

23  or threatening to bring against the resident an action for

24  eviction or possession or another civil action; refusing to

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

26  restraining, coercing, blacklisting, or discharging the

27  resident.  Examples of conduct for which the proprietor may

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

29  which:

30         (a)  The resident has registered a complaint pursuant

31  to s. 510.265.

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

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

  3  government agency charged with the responsibility of enforcing

  4  the provisions of this chapter.

  5         (c)  The resident has exercised any legal right

  6  provided in this chapter with respect to the housing.

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

  8  participated in a residents' organization.

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

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

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

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

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

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

15  agreement, a violation of reasonable rules of the proprietor

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

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

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

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

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

21  retaliatory conduct.

22         510.265  Complaints by aggrieved parties.--Any person

23  who believes that an affordable residential accommodation

24  violates any provision of this chapter or rules adopted

25  thereunder may file a complaint with the department.  Upon

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

27  reasonable grounds to believe that a violation exists and that

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

29  immediate threat to public health, the department shall

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

31  cases where the department finds there are reasonable grounds

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  1  to believe that a violation exists, the department shall

  2  notify the proprietor that a complaint has been received and

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

  4  the proprietor that the alleged violation must be remedied

  5  within 20 business days.  The department shall conduct an

  6  inspection as soon as practicable following such 20-day

  7  period.  The department shall notify the proprietor and the

  8  complainant in writing of the results of the inspection and

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

10  department shall conduct the inspection so as to protect the

11  confidentiality of the complainant.  The department shall

12  adopt rules to implement this section.

13         510.281  Prosecution for violation; duty of state

14  attorney; penalties.--

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

16  ascertaining by inspection that any affordable residential

17  accommodation is being operated contrary to the provisions of

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

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

20  department or agent, shall prepare all necessary papers and

21  conduct the prosecution.  The department shall proceed in the

22  courts by mandamus or injunction whenever such proceedings may

23  be necessary to the proper enforcement of the provisions of

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

25  orders of the department.

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

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

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

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

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

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

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  1  775.082 or s. 775.083. Each day that an affordable residential

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

  3  separate offense.

  4         510.282  Enforcement; citations.--

  5         (1)  Department personnel may issue citations that

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

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

  8  facility rules adopted by the department when a violation of

  9  those sections or rules is enforceable by an administrative or

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

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

12  under this section constitutes a notice of proposed agency

13  action.

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

15  particular nature of the violation, including specific

16  reference to the provision of statute or rule allegedly

17  violated.

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

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

20  the violation exists constitutes a separate violation for

21  which a citation may be issued.

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

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

24  right to an administrative hearing to contest the citation of

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

26  citation.  The citation must contain a conspicuous statement

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

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

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

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

31  amount up to the maximum fine or penalty.

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

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

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

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

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

  6  the person's history of previous violations, including

  7  violations for which enforcement actions were taken under this

  8  section or other provisions of state law.

  9         (6)  The department shall deposit all fines collected

10  under this chapter in the Affordable Residential

11  Accommodations Trust Fund.

12         510.285  Enforcement; city and county officers to

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

14  officer, and any other appropriate municipal and county

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

16  its agents in the enforcement of this chapter.

17         510.401  Proprietor's right to lockout.--

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

19  proprietor of an affordable residential accommodation, a

20  resident has accumulated a large outstanding account at such

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

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

23  the purpose of requiring the resident to confront the

24  proprietor and pay the outstanding balance of the account or

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

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

27         (2)  Once the resident has confronted the proprietor

28  and paid the outstanding balance or made arrangements for

29  payment on the account, the proprietor shall provide the

30  resident with unrestricted access to the resident's dwelling

31  unit and shall resume furnishing utility service.

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

  2  resident to remove from the dwelling unit any items of

  3  personal property essential to the health of the resident.

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

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

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

  7  775.083, or s. 775.084.  In any prosecution under this

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

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

10  delinquent in rental payments constitutes prima facie evidence

11  of such a break-in.

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

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

14  interruption in utility service in accordance with subsection

15  (1).

16         510.402  Proprietor's right to recover premises.--If

17  the resident of an affordable residential accommodation

18  vacates the premises without notice to the proprietor and the

19  proprietor reasonably believes the resident does not intend to

20  satisfy the outstanding account, the proprietor may recover

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

22  shall make an itemized inventory of any property belonging to

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

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

25  account.  Such inventory shall be conducted by the proprietor

26  and at least one other person.

27         510.403  Proprietor's writ of distress.--If, after a

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

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

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

31  premises without making payment on an outstanding account, a

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  1  proprietor may proceed to prosecute a writ of distress against

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

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

  4  or s. 713.68.

  5         510.404  Writ of distress; venue and jurisdiction.--The

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

  7  appropriate jurisdiction in the county where the property is

  8  located.  When property consists of separate articles, the

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

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

11  jurisdictional amount, the proprietor may not divide the

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

13  enable the proprietor to bring separate actions therefor.

14         510.405  Complaint; requirements.--To obtain an order

15  authorizing the issuance of a writ of distress upon final

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

17  court a complaint reciting and showing the following

18  information:

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

20  account at the affordable residential accommodation.

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

22  of the affordable residential accommodation in which the

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

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

25  of such documents shall be attached to the complaint.

26         (3)  A statement that the proprietor has reasonably

27  attempted to obtain payment from the resident for an

28  outstanding account, either by confronting the resident or by

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

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

31  the premises without paying the outstanding account.

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

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

  3  to the resident for which the outstanding account was

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

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

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

  7  requesting levy against, including the inventory conducted as

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

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

10  lien against such property.

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

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

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

14  execution or attachment by order of any court.

15         510.406  Prejudgment writ of distress.--

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

17  property seized may be delivered forthwith to the plaintiff

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

19  grounds relied upon for the issuance of the writ clearly

20  appear from specific facts shown by the verified petition or

21  by separate affidavit of the plaintiff.

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

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

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

25  the claimed property in danger of destruction, concealment,

26  removal from the state, removal from the jurisdiction of the

27  court, or transfer to an innocent purchaser during the

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

29  make payment as agreed.

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

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

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

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

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

  4  obtained.

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

  6  seized under a prejudgment writ of distress by posting bond

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

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

  9  for the satisfaction of any judgment which may be rendered

10  against the defendant, conditioned upon delivery of the

11  property if the judgment should require it.

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

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

14  judge.  The prejudgment writ of distress shall include a

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

16  the court issuing the writ.

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

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

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

20  dissolution of a prejudgment writ of distress, unless the

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

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

23         510.407  Writ of distress; levy of writ.--The officer

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

25  directed shall execute the writ of distress by service on

26  defendant and by levy on property distrainable for services

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

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

29  another jurisdiction, the officer shall deliver the writ to

30  the proper authority in the other jurisdiction.  The writ

31  shall be executed by levying on such property and delivering

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

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

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

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

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

  6  officer each file a sworn statement stating that the

  7  whereabouts of the defendant are unknown.

  8         510.408  Prejudgment writ; form; return.--The

  9  prejudgment writ issued under s. 510.406 shall command the

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

11  personal property of defendant and hold such property until

12  final judgment is rendered.

13         510.409  Writ; inventory.--When the officer seizes

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

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

16  residential accommodation, the officer shall inventory the

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

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

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

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

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

22         510.411  Exemptions from writ of distress.--The

23  following property of a resident is exempt from distress and

24  sale under this chapter:

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

26  essential to the health and safety of the resident.

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

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

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

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

31  profession.

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  1         510.412  Writ; claims by third persons.--Any third

  2  person claiming any property distrained pursuant to this

  3  chapter may interpose and prosecute a claim for the property

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

  5  property levied on under execution.

  6         510.413  Judgment for plaintiff when goods not

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

  8  in the complaint is wrongfully unpaid and the property

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

10  the officer executing the prejudgment writ, the plaintiff

11  shall have judgment for damages sustained by the plaintiff,

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

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

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

15  510.417.

16         510.414  Judgment for plaintiff when goods retained by

17  or redelivered to defendant.--

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

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

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

21  plaintiff shall take judgment for the property, which may

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

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

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

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

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

27  amount adjudged against the defendant and the defendant's

28  surety.

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

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

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

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

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

  3  property and the officer is unable to find the property, the

  4  plaintiff may immediately have execution against the defendant

  5  and the defendant's surety for the whole amount recovered less

  6  the value of any property found by the officer.  If the

  7  plaintiff has execution for the whole amount, the officer

  8  shall release all property taken under the writ of possession.

  9         (3)  In any proceeding to ascertain the value of the

10  property so that judgment for the value may be entered, the

11  value of each article shall be found.

12         510.415  Judgment for defendant when goods are retained

13  by or redelivered to the defendant.--When property has been

14  retained by, or redelivered to, the defendant on the

15  defendant's forthcoming bond or upon the dissolution of a

16  prejudgment writ and the defendant prevails, the defendant

17  shall have judgment against the plaintiff for any damages due

18  for the taking of the property, which may include reasonable

19  attorney's fees and costs.  The remedies provided in this

20  section and s. 510.416 do not preclude any other remedies

21  available under the laws of this state.

22         510.416  Judgment for defendant when goods are not

23  retained by or redelivered to the defendant.--If the property

24  has not been retained by, or redelivered to, the defendant and

25  the defendant prevails, judgment shall be entered against the

26  plaintiff for possession of the property.  Such judgment may

27  include reasonable attorney's fees and costs.  The remedies

28  provided in s. 510.415 and this section do not preclude any

29  other remedies available under the laws of this state.

30         510.417  Writ; sale of property distrained.--

31

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  1         (1)  If the judgment is for the plaintiff, the property

  2  in whole or in part shall, at the plaintiff's option pursuant

  3  to s. 510.413 or s. 510.414, be sold and the proceeds applied

  4  on the payment of the judgment.

  5         (2)  At the time any property levied on is sold, it

  6  must be advertised two times, the first advertisement being at

  7  least 10 days before the sale.  All property so levied on may

  8  be sold on the premises of the affordable residential

  9  accommodation or at the courthouse door.

10         (3)  If the defendant appeals and obtains a writ of

11  supersedeas before sale of the property has occurred, the

12  property shall be held by the officer executing the writ, and

13  there may not be a sale or disposition of the property until

14  final judgment is had on appeal.

15         Section 2.  This act shall take effect October 1 of the

16  year in which enacted.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Creates the "Florida Affordable Residential
21    Accommodations Act." Provides for affordable housing for
      the poor. See bill for details.
22

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