| 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 | relieving landlords of liability for any damages caused by |
| 7 | displaying flags; prohibiting tenants from displaying |
| 8 | flags in a manner that infringes upon other tenants' |
| 9 | property; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 83.67, Florida Statutes, is amended to |
| 14 | read: |
| 15 | 83.67 Prohibited practices.-- |
| 16 | (1) A No landlord of any dwelling unit governed by this |
| 17 | part shall not cause, directly or indirectly, the termination or |
| 18 | interruption of any utility service furnished the tenant, |
| 19 | including, but not limited to, water, heat, light, electricity, |
| 20 | gas, elevator, garbage collection, or refrigeration, whether or |
| 21 | not the utility service is under the control of, or payment is |
| 22 | made by, the landlord. |
| 23 | (2) A No landlord of any dwelling unit governed by this |
| 24 | part shall not prevent the tenant from gaining reasonable access |
| 25 | to the dwelling unit by any means, including, but not limited |
| 26 | to, changing the locks or using any bootlock or similar device. |
| 27 | (3) A No landlord of any dwelling unit governed by this |
| 28 | part shall not discriminate against a servicemember in offering |
| 29 | a dwelling unit for rent or in any of the terms of the rental |
| 30 | agreement. |
| 31 | (4) A landlord shall not prohibit a tenant from displaying |
| 32 | one portable, removable, cloth or plastic United States flag, |
| 33 | not larger than 4 and one-half feet by 6 feet, in a respectful |
| 34 | manner in or on the dwelling unit regardless of any provision in |
| 35 | the rental agreement dealing with flags or decorations. The |
| 36 | United States flag shall be displayed in accordance with s. |
| 37 | 83.52(6). The landlord is not liable for damages caused by a |
| 38 | United States flag displayed by a tenant. Any United States flag |
| 39 | may not infringe upon the space rented by any other tenant. |
| 40 | (5)(4) A No landlord of any dwelling unit governed by this |
| 41 | part shall not remove the outside doors, locks, roof, walls, or |
| 42 | windows of the unit except for purposes of maintenance, repair, |
| 43 | or replacement; and nor shall the landlord shall not remove the |
| 44 | tenant's personal property from the dwelling unit unless such |
| 45 | said action is taken after surrender, abandonment, or a lawful |
| 46 | eviction. If provided in the rental agreement or a written |
| 47 | agreement separate from the rental agreement, upon surrender or |
| 48 | abandonment by the tenant, the landlord is not required to |
| 49 | comply with s. 715.104 and is not liable or responsible for |
| 50 | storage or disposition of the tenant's personal property; if |
| 51 | provided in the rental agreement, there must be printed or |
| 52 | clearly stamped on such rental agreement a legend in |
| 53 | substantially the following form: |
| 54 |
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| 55 | BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON |
| 56 | SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA |
| 57 | STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR |
| 58 | STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. |
| 59 |
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| 60 | For the purposes of this section, abandonment shall be as set |
| 61 | forth in s. 83.59(3)(c). |
| 62 | (6)(5) A landlord who violates any provision the |
| 63 | provisions of this section shall be liable to the tenant for |
| 64 | actual and consequential damages or 3 months' rent, whichever is |
| 65 | greater, and costs, including attorney's fees. Subsequent or |
| 66 | repeated violations that which are not contemporaneous with the |
| 67 | initial violation shall be subject to separate awards of |
| 68 | damages. |
| 69 | (7)(6) A violation of this section constitutes shall |
| 70 | constitute irreparable harm for the purposes of injunctive |
| 71 | relief. |
| 72 | (8)(7) The remedies provided by this section are not |
| 73 | exclusive and do shall not preclude the tenant from pursuing any |
| 74 | other remedy at law or equity that which the tenant may have. |
| 75 | The remedies provided by this section shall also apply to a |
| 76 | servicemember who is a prospective tenant who has been |
| 77 | discriminated against under subsection (3). |
| 78 | Section 2. This act shall take effect upon becoming a law. |