HB 1009CS

CHAMBER ACTION




1The Committee on Judiciary recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to prohibited landlord practices; amending
7s. 83.67, F.S.; prohibiting landlords from prohibiting
8tenants from displaying certain United States flags
9regardless of certain rental agreement provisions;
10relieving landlords of liability for any damages caused by
11displaying flags; prohibiting tenants from displaying
12flags in a manner that infringes upon other tenants'
13property; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 83.67, Florida Statutes, is amended to
18read:
19     83.67  Prohibited practices.--
20     (1)  A No landlord of any dwelling unit governed by this
21part shall not cause, directly or indirectly, the termination or
22interruption of any utility service furnished the tenant,
23including, but not limited to, water, heat, light, electricity,
24gas, elevator, garbage collection, or refrigeration, whether or
25not the utility service is under the control of, or payment is
26made by, the landlord.
27     (2)  A No landlord of any dwelling unit governed by this
28part shall not prevent the tenant from gaining reasonable access
29to the dwelling unit by any means, including, but not limited
30to, changing the locks or using any bootlock or similar device.
31     (3)  A No landlord of any dwelling unit governed by this
32part shall not discriminate against a servicemember in offering
33a dwelling unit for rent or in any of the terms of the rental
34agreement.
35     (4)  A landlord shall not prohibit a tenant from displaying
36one portable, removable, cloth or plastic United States flag,
37not larger than 4 and one-half feet by 6 feet, in a respectful
38manner in or on the dwelling unit regardless of any declaration
39rules or requirements dealing with flags or decorations. The
40United States flag shall be displayed in accordance with s.
4183.52(6). The landlord shall not be liable for damages caused by
42a United States flag displayed by a tenant. Any United States
43flag may not infringe upon the space rented by any other tenant.
44     (5)(4)  A No landlord of any dwelling unit governed by this
45part shall not remove the outside doors, locks, roof, walls, or
46windows of the unit except for purposes of maintenance, repair,
47or replacement; and nor shall the landlord shall not remove the
48tenant's personal property from the dwelling unit unless such
49said action is taken after surrender, abandonment, or a lawful
50eviction. If provided in the rental agreement or a written
51agreement separate from the rental agreement, upon surrender or
52abandonment by the tenant, the landlord is not required to
53comply with s. 715.104 and is not liable or responsible for
54storage or disposition of the tenant's personal property; if
55provided in the rental agreement, there must be printed or
56clearly stamped on such rental agreement a legend in
57substantially the following form:
58
59BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON
60SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA
61STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR
62STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
63
64For the purposes of this section, abandonment shall be as set
65forth in s. 83.59(3)(c).
66     (6)(5)  A landlord who violates any provision the
67provisions of this section shall be liable to the tenant for
68actual and consequential damages or 3 months' rent, whichever is
69greater, and costs, including attorney's fees. Subsequent or
70repeated violations that which are not contemporaneous with the
71initial violation shall be subject to separate awards of
72damages.
73     (7)(6)  A violation of this section constitutes shall
74constitute irreparable harm for the purposes of injunctive
75relief.
76     (8)(7)  The remedies provided by this section are not
77exclusive and do shall not preclude the tenant from pursuing any
78other remedy at law or equity that which the tenant may have.
79The remedies provided by this section shall also apply to a
80servicemember who is a prospective tenant who has been
81discriminated against under subsection (3).
82     Section 2.  This act shall take effect upon becoming a law.


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