HB 0477 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to rental agreements; amending s. 83.682,
12	F.S.; removing provisions requiring the payment of
13	liquidated damages to the landlord under certain
14	circumstances upon termination of a rental agreement;
15	amending s. 83.67, F.S.; prohibiting a landlord from
16	discriminating against a member of the United States Armed
17	Forces in offering a dwelling unit for rent; creating s.
18	83.575, F.S.; providing that a rental agreement having a
19	specific duration may require the tenant to give notice
20	before vacating the premises; limiting the maximum amount
21	of required notice; providing for liquidated damages in
22	specified circumstances; providing tenant liability for
23	paying additional rent in specified circumstances;
24	providing an effective date.
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26	Be It Enacted by the Legislature of the State of Florida:
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28	Section 1. Section 83.682, Florida Statutes, is amended to
29	read:
30	83.682 Termination of rental agreement by a member of the
31	United States Armed Forces.--
32	(1)(a) Any member of the United States Armed Forces who is
33	required to move pursuant to permanent change of station orders
34	to depart 35 miles or more from the location of a rental
35	premises or who is prematurely or involuntarily discharged or
36	released from active duty with the United States Armed Forces
37	may terminate his or her rental agreement by providing the
38	landlord with a written notice of termination to be effective on
39	the date stated in the notice that is at least 30 days after the
40	landlord's receipt of the notice. The notice to the landlord
41	must be accompanied by either a copy of the official military
42	orders or a written verification signed by the member's
43	commanding officer.
44	(b) In the event a member of the United States Armed
45	Forces dies during active duty, an adult member of his or her
46	immediate family may terminate the member's rental agreement by
47	providing the landlord with a written notice of termination to
48	be effective on the date stated in the notice that is at least
49	30 days after the landlord's receipt of the notice. The notice
50	to the landlord must be accompanied by either a copy of the
51	official military orders or a written verification signed by the
52	member's Commanding Officer.
53	(2) Upon termination of a rental agreement under this
54	section, the tenant is liable for the rent due under the rental
55	agreement prorated to the effective date of the termination
56	payable at such time as would have otherwise been required by
57	the terms of the rental agreement. The tenant is not liable for
58	any other rent or damages due to the early termination of the
59	tenancy except the liquidated damages provided in this section.
60	If a tenant terminates the rental agreement pursuant to this
61	section 14 or more days prior to occupancy, no damages or
62	penalties of any kind are due.
63	(3) In consideration of early termination of the rental
64	agreement, the tenant is liable to the landlord for liquidated
65	damages provided the tenant has completed less than 9 months of
66	the tenancy and the landlord has suffered actual damages due to
67	loss of the tenancy. The liquidated damages must be no greater
68	than 1 month's rent if the tenant has completed less than 6
69	months of the tenancy as of the effective date of termination,
70	or one-half of 1 month's rent if the tenant has completed at
71	least 6 but not less than 9 months of the tenancy as of the
72	effective date of termination.
73	(3)(4)The provisions of this section may not be waived or
74	modified by the agreement of the parties under any
75	circumstances.
76	Section 2. Section 83.67, Florida Statutes, is amended to
77	read:
78	83.67 Prohibited practices.--
79	(1) No landlord of any dwelling unit governed by this part
80	shall cause, directly or indirectly, the termination or
81	interruption of any utility service furnished the tenant,
82	including, but not limited to, water, heat, light, electricity,
83	gas, elevator, garbage collection, or refrigeration, whether or
84	not the utility service is under the control of, or payment is
85	made by, the landlord.
86	(2) No landlord of any dwelling unit governed by this part
87	shall prevent the tenant from gaining reasonable access to the
88	dwelling unit by any means, including, but not limited to,
89	changing the locks or using any bootlock or similar device.
90	(3) No landlord of any dwelling unit governed by this part
91	shall discriminate against a member of the United States Armed
92	Forces in offering a dwelling unit for rent or in any of the
93	terms of the rental agreement.
94	(4)(3)No landlord of any dwelling unit governed by this
95	part shall remove the outside doors, locks, roof, walls, or
96	windows of the unit except for purposes of maintenance, repair,
97	or replacement; nor shall the landlord remove the tenant's
98	personal property from the dwelling unit unless said action is
99	taken after surrender, abandonment, or a lawful eviction. If
100	provided in the rental agreement or a written agreement separate
101	from the rental agreement, upon surrender or abandonment by the
102	tenant, the landlord is not required to comply with s. 715.104
103	and is not liable or responsible for storage or disposition of
104	the tenant's personal property; if provided in the rental
105	agreement there must be printed or clearly stamped on such
106	rental agreement a legend in substantially the following form:
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108	BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON
109	SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA
110	STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR
111	STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
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113	For the purposes of this section, abandonment shall be as set
114	forth in s. 83.59(3)(c).
115	(5)(4)A landlord who violates the provisions of this
116	section shall be liable to the tenant for actual and
117	consequential damages or 3 months' rent, whichever is greater,
118	and costs, including attorney's fees. Subsequent or repeated
119	violations which are not contemporaneous with the initial
120	violation shall be subject to separate awards of damages.
121	(6)(5)A violation of this section shall constitute
122	irreparable harm for the purposes of injunctive relief.
123	(7)(6)The remedies provided by this section are not
124	exclusive and shall not preclude the tenant from pursuing any
125	other remedy at law or equity which the tenant may have.
126	Section 3. Section 83.575, Florida Statutes, is created to
127	read:
128	83.575 Termination of tenancy with specific duration.--
129	(1) A rental agreement with a specific duration may
130	contain a provision requiring the tenant to notify the landlord
131	before vacating the premises at the end of the rental agreement;
132	however, a rental agreement may not require more than 60 days’
133	notice before vacating the premises.
134	(2) A rental agreement may provide that if a tenant fails
135	to give the required notice before vacating the premises at the
136	end of the rental agreement, the tenant may be liable for
137	liquidated damages as specified in the rental agreement.
138	(3) If the tenant remains on the premises with the
139	permission of the landlord after the rental agreement has
140	terminated and fails to give notice required under s. 83.57(3),
141	the tenant is liable to the landlord for an additional 1 month’s
142	rent.
143	Section 4. This act shall take effect upon becoming a law.