SENATE AMENDMENT
    Bill No. SB 482
    Amendment No. 2   Barcode 065042
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  2/AD/2R        .                    
       03/18/2003 09:47 AM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Judiciary recommended the following amendment
12  :
13  
14         Senate Amendment (with title amendment) 
15         On page 2, line 28,
16  
17  insert:  
18         Section 2.  Section 83.67, Florida Statutes, is amended
19  to read:
20         83.67  Prohibited practices.--
21         (1)  No landlord of any dwelling unit governed by this
22  part shall cause, directly or indirectly, the termination or
23  interruption of any utility service furnished the tenant,
24  including, but not limited to, water, heat, light,
25  electricity, gas, elevator, garbage collection, or
26  refrigeration, whether or not the utility service is under the
27  control of, or payment is made by, the landlord.
28         (2)  No landlord of any dwelling unit governed by this
29  part shall prevent the tenant from gaining reasonable access
30  to the dwelling unit by any means, including, but not limited
31  to, changing the locks or using any bootlock or similar
                                  1
    6:26 PM   03/10/03                                 s0482.ju.02

SENATE AMENDMENT Bill No. SB 482 Amendment No. 2 Barcode 065042 1 device. 2 (3) No landlord of any dwelling unit governed by this 3 part shall discriminate against a member of the United States 4 Armed Forces in offering a dwelling unit for rent or in any of 5 the term of the rental agreement. 6 (4)(3) No landlord of any dwelling unit governed by 7 this part shall remove the outside doors, locks, roof, walls, 8 or windows of the unit except for purposes of maintenance, 9 repair, or replacement; nor shall the landlord remove the 10 tenant's personal property from the dwelling unit unless said 11 action is taken after surrender, abandonment, or a lawful 12 eviction. If provided in the rental agreement or a written 13 agreement separate from the rental agreement, upon surrender 14 or abandonment by the tenant, the landlord is not required to 15 comply with s. 715.104 and is not liable or responsible for 16 storage or disposition of the tenant's personal property; if 17 provided in the rental agreement there must be printed or 18 clearly stamped on such rental agreement a legend in 19 substantially the following form: 20 21 BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON 22 SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA 23 STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR 24 STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. 25 26 For the purposes of this section, abandonment shall be as set 27 forth in s. 83.59(3)(c). 28 (5)(4) A landlord who violates the provisions of this 29 section shall be liable to the tenant for actual and 30 consequential damages or 3 months' rent, whichever is greater, 31 and costs, including attorney's fees. Subsequent or repeated 2 6:26 PM 03/10/03 s0482.ju.02
SENATE AMENDMENT Bill No. SB 482 Amendment No. 2 Barcode 065042 1 violations which are not contemporaneous with the initial 2 violation shall be subject to separate awards of damages. 3 (6)(5) A violation of this section shall constitute 4 irreparable harm for the purposes of injunctive relief. 5 (7)(6) The remedies provided by this section are not 6 exclusive and shall not preclude the tenant from pursuing any 7 other remedy at law or equity which the tenant may have. 8 9 (Redesignate subsequent sections.) 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 On page 1, lines 2-8, delete those lines 15 16 and insert: 17 An act relating to rental agreements by members 18 of the United States Armed Forces; amending s. 19 83.682, F.S.; removing provisions requiring the 20 payment of liquidated damages to the landlord 21 under certain circumstances upon termination of 22 a rental agreement; amending s. 83.67, F.S.; 23 prohibiting a landlord from discriminating 24 against a member of the United States Armed 25 Forces in offering a dwelling unit for rent; 26 providing an effective date. 27 28 29 30 31 3 6:26 PM 03/10/03 s0482.ju.02