Senate Bill sb0482e2

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    SB 482                                        Second Engrossed



  1                      A bill to be entitled

  2         An act relating to rental agreements; amending

  3         s. 83.682, F.S.; removing provisions requiring

  4         the payment of liquidated damages to the

  5         landlord under certain circumstances upon

  6         termination of a rental agreement; amending s.

  7         83.67, F.S.; prohibiting a landlord from

  8         discriminating against a member of the United

  9         States Armed Forces in offering a dwelling unit

10         for rent; creating s. 83.575, F.S.; providing

11         for the termination of a tenancy having a

12         specific duration; requiring the tenant to give

13         notice before vacating the premises; limiting

14         the maximum amount of required notice;

15         providing for liquidated damages in specified

16         circumstances; providing tenant liability for

17         paying additional rent in specified

18         circumstances; providing an effective date.

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

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22         Section 1.  Section 83.682, Florida Statutes, is

23  amended to read:

24         83.682  Termination of rental agreement by a member of

25  the United States Armed Forces.--

26         (1)(a)  Any member of the United States Armed Forces

27  who is required to move pursuant to permanent change of

28  station orders to depart 35 miles or more from the location of

29  a rental premises or who is prematurely or involuntarily

30  discharged or released from active duty with the United States

31  Armed Forces may terminate his or her rental agreement by


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    SB 482                                        Second Engrossed



 1  providing the landlord with a written notice of termination to

 2  be effective on the date stated in the notice that is at least

 3  30 days after the landlord's receipt of the notice. The notice

 4  to the landlord must be accompanied by either a copy of the

 5  official military orders or a written verification signed by

 6  the member's commanding officer.

 7         (b)  In the event a member of the United States Armed

 8  Forces dies during active duty, an adult member of his or her

 9  immediate family may terminate the member's rental agreement

10  by providing the landlord with a written notice of termination

11  to be effective on the date stated in the notice that is at

12  least 30 days after the landlord's receipt of the notice.  The

13  notice to the landlord must be accompanied by either a copy of

14  the official military orders or a written verification signed

15  by the member's Commanding Officer.

16         (2)  Upon termination of a rental agreement under this

17  section, the tenant is liable for the rent due under the

18  rental agreement prorated to the effective date of the

19  termination payable at such time as would have otherwise been

20  required by the terms of the rental agreement. The tenant is

21  not liable for any other rent or damages due to the early

22  termination of the tenancy except the liquidated damages

23  provided in this section. If a tenant terminates the rental

24  agreement pursuant to this section 14 or more days prior to

25  occupancy, no damages or penalties of any kind are due.

26         (3)  In consideration of early termination of the

27  rental agreement, the tenant is liable to the landlord for

28  liquidated damages provided the tenant has completed less than

29  9 months of the tenancy and the landlord has suffered actual

30  damages due to loss of the tenancy. The liquidated damages

31  must be no greater than 1 month's rent if the tenant has


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    SB 482                                        Second Engrossed



 1  completed less than 6 months of the tenancy as of the

 2  effective date of termination, or one-half of 1 month's rent

 3  if the tenant has completed at least 6 but not less than 9

 4  months of the tenancy as of the effective date of termination.

 5         (3)(4)  The provisions of this section may not be

 6  waived or modified by the agreement of the parties under any

 7  circumstances.

 8         Section 2.  Section 83.67, Florida Statutes, is amended

 9  to read:

10         83.67  Prohibited practices.--

11         (1)  No landlord of any dwelling unit governed by this

12  part shall cause, directly or indirectly, the termination or

13  interruption of any utility service furnished the tenant,

14  including, but not limited to, water, heat, light,

15  electricity, gas, elevator, garbage collection, or

16  refrigeration, whether or not the utility service is under the

17  control of, or payment is made by, the landlord.

18         (2)  No landlord of any dwelling unit governed by this

19  part shall prevent the tenant from gaining reasonable access

20  to the dwelling unit by any means, including, but not limited

21  to, changing the locks or using any bootlock or similar

22  device.

23         (3)  No landlord of any dwelling unit governed by this

24  part shall discriminate against a member of the United States

25  Armed Forces in offering a dwelling unit for rent or in any of

26  the term of the rental agreement.

27         (4)(3)  No landlord of any dwelling unit governed by

28  this part shall remove the outside doors, locks, roof, walls,

29  or windows of the unit except for purposes of maintenance,

30  repair, or replacement; nor shall the landlord remove the

31  tenant's personal property from the dwelling unit unless said


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    SB 482                                        Second Engrossed



 1  action is taken after surrender, abandonment, or a lawful

 2  eviction.  If provided in the rental agreement or a written

 3  agreement separate from the rental agreement, upon surrender

 4  or abandonment by the tenant, the landlord is not required to

 5  comply with s. 715.104 and is not liable or responsible for

 6  storage or disposition of the tenant's personal property; if

 7  provided in the rental agreement there must be printed or

 8  clearly stamped on such rental agreement a legend in

 9  substantially the following form:

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11  BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON

12  SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA

13  STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR

14  STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

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16  For the purposes of this section, abandonment shall be as set

17  forth in s. 83.59(3)(c).

18         (5)(4)  A landlord who violates the provisions of this

19  section shall be liable to the tenant for actual and

20  consequential damages or 3 months' rent, whichever is greater,

21  and costs, including attorney's fees.  Subsequent or repeated

22  violations which are not contemporaneous with the initial

23  violation shall be subject to separate awards of damages.

24         (6)(5)  A violation of this section shall constitute

25  irreparable harm for the purposes of injunctive relief.

26         (7)(6)  The remedies provided by this section are not

27  exclusive and shall not preclude the tenant from pursuing any

28  other remedy at law or equity which the tenant may have.

29         Section 3.  Section 83.575, Florida Statutes, is

30  created to read:

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    SB 482                                        Second Engrossed



 1         83.575  Termination of tenancy with specific

 2  duration.--

 3         (1)  A rental agreement with a specific duration may

 4  contain a provision requiring the tenant to notify the

 5  landlord before vacating the premises at the end of the rental

 6  agreement; however, a rental agreement may not require more

 7  than 60 days' notice before vacating the premises.

 8         (2)  A rental agreement may provide that if a tenant

 9  fails to give the required notice before vacating the premises

10  at the end of the rental agreement, the tenant may be liable

11  for liquidated damages as specified in the rental agreement.

12         (3)  If the tenant remains on the premises with the

13  permission of the landlord after the rental agreement has

14  terminated and fails to give notice required under s.

15  83.57(3), the tenant is liable to the landlord for an

16  additional 1 month's rent.

17         Section 4.  This act shall take effect upon becoming a

18  law.

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