Senate Bill sb1682c1

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    Florida Senate - 2004                           CS for SB 1682

    By the Committee on Comprehensive Planning; and Senator Geller





    316-2287-04

  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         regardless of certain rental agreement

  7         provisions; relieving landlords of liability

  8         for any damages caused by displaying a United

  9         States flag; prohibiting tenants from

10         displaying a United States flag in a manner

11         that infringes upon other tenant's property;

12         providing for injunctive relief; providing an

13         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

18  to read:

19         83.67  Prohibited practices.--

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

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

22  termination or interruption of any utility service furnished

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

24  electricity, gas, elevator, garbage collection, or

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

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

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

28  this part may not shall prevent the tenant from gaining

29  reasonable access to the dwelling unit by any means,

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

31  bootlock or similar device.

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    Florida Senate - 2004                           CS for SB 1682
    316-2287-04




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

 2  this part may not shall discriminate against a servicemember

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

 4  the rental agreement.

 5         (4)  A landlord may not prohibit a tenant from

 6  displaying one portable, removable, cloth or plastic United

 7  States flag, not larger than 4 and one-half feet by 6 feet, in

 8  a respectful manner in or on the dwelling unit, regardless of

 9  any provision in the rental agreement dealing with flags or

10  decorations. The United States flag shall be displayed in

11  accordance with s. 83.52(6). The landlord is not liable for

12  damages caused by a United States flag displayed by a tenant.

13  Any United States flag may not infringe upon the space rented

14  by any other tenant.

15         (5)(4)  A No landlord of any dwelling unit governed by

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

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

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

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

20  the dwelling unit unless the said action is taken after

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

22  the rental agreement or a written agreement separate from the

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

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

25  not liable or responsible for storage or disposition of the

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

27  agreement there must be printed or clearly stamped on such

28  rental agreement a legend in substantially the following form:

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30  BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON

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

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    Florida Senate - 2004                           CS for SB 1682
    316-2287-04




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

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

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

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

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

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

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

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

10  or repeated violations that which are not contemporaneous with

11  the initial violation shall be subject to separate awards of

12  damages.

13         (7)(6)  A violation of this section constitutes shall

14  constitute irreparable harm for the purposes of injunctive

15  relief.

16         (8)(7)  The remedies provided by this section are not

17  exclusive and do shall not preclude the tenant from pursuing

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

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

20  servicemember who is a prospective tenant who has been

21  discriminated against under subsection (3).

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

23  law.

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    Florida Senate - 2004                           CS for SB 1682
    316-2287-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1682

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 4  The committee substitute prevents a landlord from prohibiting
    a tenant from displaying a United States flag that does not
 5  exceed a certain size, regardless of any provision in the
    rental agreement dealing with flags or decorations. It
 6  requires the display of a United States flag by a tenant to be
    in accordance with s. 83.52(6), F.S. It provides that a
 7  landlord is not liable for damages caused by a United States
    flag displayed by a tenant. Finally, the committee substitute
 8  provides that a United States flag may not infringe upon the
    space rented by another tenant.
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