Senate Bill sb1682

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    Florida Senate - 2004                                  SB 1682

    By Senator Geller





    31-1248A-04

  1                      A bill to be entitled

  2         An act relating to residential tenancies;

  3         amending s. 83.67, F.S.; prohibiting a landlord

  4         from preventing a tenant from displaying a

  5         United States flag in or on the dwelling unit;

  6         providing for injunctive relief; providing an

  7         effective date.

  8  

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

10  

11         Section 1.  Section 83.67, Florida Statutes, is amended

12  to read:

13         83.67  Prohibited practices.--

14         (1)  A No landlord of any dwelling unit governed by

15  this part may not shall cause, directly or indirectly, the

16  termination or interruption of any utility service furnished

17  the tenant, including, but not limited to, water, heat, light,

18  electricity, gas, elevator, garbage collection, or

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

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

21         (2)  A No landlord of any dwelling unit governed by

22  this part may not shall prevent the tenant from gaining

23  reasonable access to the dwelling unit by any means,

24  including, but not limited to, changing the locks or using any

25  bootlock or similar device.

26         (3)  A No landlord of any dwelling unit governed by

27  this part may not shall discriminate against a servicemember

28  in offering a dwelling unit for rent or in any of the terms of

29  the rental agreement.

30         (4)  A landlord of any dwelling unit governed by this

31  part may not prohibit a tenant from displaying one portable,

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    Florida Senate - 2004                                  SB 1682
    31-1248A-04




 1  removable United States flag in a respectful manner in or on

 2  the dwelling unit, regardless of any declaration rules or

 3  requirements dealing with flags or decorations.

 4         (5)(4)  A No landlord of any dwelling unit governed by

 5  this part may not shall remove the outside doors, locks, roof,

 6  walls, or windows of the unit except for purposes of

 7  maintenance, repair, or replacement; and nor shall the

 8  landlord may not remove the tenant's personal property from

 9  the dwelling unit unless the said action is taken after

10  surrender, abandonment, or a lawful eviction. If provided in

11  the rental agreement or a written agreement separate from the

12  rental agreement, upon surrender or abandonment by the tenant,

13  the landlord is not required to comply with s. 715.104 and is

14  not liable or responsible for storage or disposition of the

15  tenant's personal property; if provided in the rental

16  agreement there must be printed or clearly stamped on such

17  rental agreement a legend in substantially the following form:

18  

19  BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON

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

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

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

23  

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

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

26         (6)(5)  A landlord who violates any provision the

27  provisions of this section shall be liable to the tenant for

28  actual and consequential damages or 3 months' rent, whichever

29  is greater, and costs, including attorney's fees. Subsequent

30  or repeated violations that which are not contemporaneous with

31  

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    Florida Senate - 2004                                  SB 1682
    31-1248A-04




 1  the initial violation shall be subject to separate awards of

 2  damages.

 3         (7)(6)  A violation of this section constitutes shall

 4  constitute irreparable harm for the purposes of injunctive

 5  relief.

 6         (8)(7)  The remedies provided by this section are not

 7  exclusive and do shall not preclude the tenant from pursuing

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

 9  The remedies provided by this section shall also apply to a

10  servicemember who is a prospective tenant who has been

11  discriminated against under subsection (3).

12         Section 2.  This act shall take effect upon becoming a

13  law.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Prohibits a landlord from preventing a tenant from
      displaying a United States flag in or on the dwelling
18    unit.

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