HB 1009

1	A bill to be entitled
2	An act relating to prohibited landlord practices; amending
3	s. 83.67, F.S.; prohibiting landlords from prohibiting
4	tenants from displaying certain United States flags
5	regardless of certain rental agreement provisions;
6	providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Section 83.67, Florida Statutes, is amended to
11	read:
12	83.67  Prohibited practices.--
13	(1)  A No landlord of any dwelling unit governed by this
14	part may not shall cause, directly or indirectly, the
15	termination or interruption of any utility service furnished the
16	tenant, including, but not limited to, water, heat, light,
17	electricity, gas, elevator, garbage collection, or
18	refrigeration, whether or not the utility service is under the
19	control of, or payment is made by, the landlord.
20	(2)  A No landlord of any dwelling unit governed by this
21	part may not shall prevent the tenant from gaining reasonable
22	access to the dwelling unit by any means, including, but not
23	limited to, changing the locks or using any bootlock or similar
24	device.
25	(3)  A No landlord of any dwelling unit governed by this
26	part may not shall discriminate against a servicemember in
27	offering a dwelling unit for rent or in any of the terms of the
28	rental agreement.
29	(4)  A landlord of any dwelling unit governed by this part
30	may not prohibit a tenant from displaying one portable,
31	removable United States flag in a respectful manner in or on the
32	dwelling unit, regardless of any declaration rules or
33	requirements dealing with flags or decorations.
34	(5)(4)  A No landlord of any dwelling unit governed by this
35	part may not shall remove the outside doors, locks, roof, walls,
36	or windows of the unit except for purposes of maintenance,
37	repair, or replacement; and nor shall the landlord may not
38	remove the tenant's personal property from the dwelling unit
39	unless such said action is taken after surrender, abandonment,
40	or a lawful eviction. If provided in the rental agreement or a
41	written agreement separate from the rental agreement, upon
42	surrender or abandonment by the tenant, the landlord is not
43	required to comply with s. 715.104 and is not liable or
44	responsible for storage or disposition of the tenant's personal
45	property; if provided in the rental agreement, there must be
46	printed or clearly stamped on such rental agreement a legend in
47	substantially the following form:
48
49	BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON
50	SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA
51	STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR
52	STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
53
54	For the purposes of this section, abandonment shall be as set
55	forth in s. 83.59(3)(c).
56	(6)(5)  A landlord who violates any provision the
57	provisions of this section shall be liable to the tenant for
58	actual and consequential damages or 3 months' rent, whichever is
59	greater, and costs, including attorney's fees. Subsequent or
60	repeated violations that which are not contemporaneous with the
61	initial violation shall be subject to separate awards of
62	damages.
63	(7)(6)  A violation of this section constitutes shall
64	constitute irreparable harm for the purposes of injunctive
65	relief.
66	(8)(7)  The remedies provided by this section are not
67	exclusive and do shall not preclude the tenant from pursuing any
68	other remedy at law or equity that which the tenant may have.
69	The remedies provided by this section shall also apply to a
70	servicemember who is a prospective tenant who has been
71	discriminated against under subsection (3).
72	Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.