1 | The Committee on Judiciary recommends the following: |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to prohibited landlord practices; amending |
7 | s. 83.67, F.S.; prohibiting landlords from prohibiting |
8 | tenants from displaying certain United States flags |
9 | regardless of certain rental agreement provisions; |
10 | relieving landlords of liability for any damages caused by |
11 | displaying flags; prohibiting tenants from displaying |
12 | flags in a manner that infringes upon other tenants' |
13 | property; providing an effective date. |
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15 | Be It Enacted by the Legislature of the State of Florida: |
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17 | Section 1. Section 83.67, Florida Statutes, is amended to |
18 | read: |
19 | 83.67 Prohibited practices.-- |
20 | (1) A No landlord of any dwelling unit governed by this |
21 | part shall not cause, directly or indirectly, the termination or |
22 | interruption of any utility service furnished the tenant, |
23 | including, but not limited to, water, heat, light, electricity, |
24 | gas, elevator, garbage collection, or refrigeration, whether or |
25 | not the utility service is under the control of, or payment is |
26 | made by, the landlord. |
27 | (2) A No landlord of any dwelling unit governed by this |
28 | part shall not prevent the tenant from gaining reasonable access |
29 | to the dwelling unit by any means, including, but not limited |
30 | to, changing the locks or using any bootlock or similar device. |
31 | (3) A No landlord of any dwelling unit governed by this |
32 | part shall not discriminate against a servicemember in offering |
33 | a dwelling unit for rent or in any of the terms of the rental |
34 | agreement. |
35 | (4) A landlord shall not prohibit a tenant from displaying |
36 | one portable, removable, cloth or plastic United States flag, |
37 | not larger than 4 and one-half feet by 6 feet, in a respectful |
38 | manner in or on the dwelling unit regardless of any declaration |
39 | rules or requirements dealing with flags or decorations. The |
40 | United States flag shall be displayed in accordance with s. |
41 | 83.52(6). The landlord shall not be liable for damages caused by |
42 | a United States flag displayed by a tenant. Any United States |
43 | flag may not infringe upon the space rented by any other tenant. |
44 | (5)(4) A No landlord of any dwelling unit governed by this |
45 | part shall not remove the outside doors, locks, roof, walls, or |
46 | windows of the unit except for purposes of maintenance, repair, |
47 | or replacement; and nor shall the landlord shall not remove the |
48 | tenant's personal property from the dwelling unit unless such |
49 | said action is taken after surrender, abandonment, or a lawful |
50 | eviction. If provided in the rental agreement or a written |
51 | agreement separate from the rental agreement, upon surrender or |
52 | abandonment by the tenant, the landlord is not required to |
53 | comply with s. 715.104 and is not liable or responsible for |
54 | storage or disposition of the tenant's personal property; if |
55 | provided in the rental agreement, there must be printed or |
56 | clearly stamped on such rental agreement a legend in |
57 | substantially the following form: |
58 |
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59 | BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON |
60 | SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA |
61 | STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR |
62 | STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. |
63 |
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64 | For the purposes of this section, abandonment shall be as set |
65 | forth in s. 83.59(3)(c). |
66 | (6)(5) A landlord who violates any provision the |
67 | provisions of this section shall be liable to the tenant for |
68 | actual and consequential damages or 3 months' rent, whichever is |
69 | greater, and costs, including attorney's fees. Subsequent or |
70 | repeated violations that which are not contemporaneous with the |
71 | initial violation shall be subject to separate awards of |
72 | damages. |
73 | (7)(6) A violation of this section constitutes shall |
74 | constitute irreparable harm for the purposes of injunctive |
75 | relief. |
76 | (8)(7) The remedies provided by this section are not |
77 | exclusive and do shall not preclude the tenant from pursuing any |
78 | other remedy at law or equity that which the tenant may have. |
79 | The remedies provided by this section shall also apply to a |
80 | servicemember who is a prospective tenant who has been |
81 | discriminated against under subsection (3). |
82 | Section 2. This act shall take effect upon becoming a law. |