| 1 | Representative Nelson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 208 and 209, insert: |
| 5 | Section 6. Section 943.04355, Florida Statutes, is created |
| 6 | to read: |
| 7 | 943.04355 Dwelling rental or solicitation; sexual |
| 8 | offenders and predators.-- |
| 9 | (1) A landlord who knowingly solicits an individual who is |
| 10 | registered as a sexual offender or a sexual predator to rent or |
| 11 | lease a dwelling unit because of his or her status as a |
| 12 | registered sexual offender or a sexual predator, shall, within 5 |
| 13 | days after the date the individual occupies the dwelling unit as |
| 14 | a tenant, do all of the following: |
| 15 | (a) Conduct a search for the tenant's name in the sexual |
| 16 | offender database. |
| 17 | (b) Confirm that the address of the tenant identified as a |
| 18 | sexual offender or sexual predator is correctly reflected on the |
| 19 | sexual offender database. |
| 20 | (c) Notify the sheriff of the county in which the dwelling |
| 21 | is located if the address of a tenant identified as a sexual |
| 22 | offender or sexual predator is not correctly reflected on the |
| 23 | sexual offender database. |
| 24 | (2) As used in this section, the term: |
| 25 | (a) "Dwelling unit," "landlord," "rent," and "tenant" have |
| 26 | the same meanings as provided in s. 83.43. |
| 27 | (b) "Sexual offender" has the same meaning as provided in |
| 28 | s. 943.0435. |
| 29 | (c) "Sexual offender database" means the database of |
| 30 | registration information regarding sexual predators and sexual |
| 31 | offenders maintained by the department under s. 943.043. |
| 32 | (d) "Sexual predator" has the same meaning as provided in |
| 33 | s. 775.21. |
| 34 | (e) "Solicit" means to initiate contact with a sexual |
| 35 | offender or sexual predator for the purpose of attempting to |
| 36 | rent or lease a dwelling unit, where such sexual offender or |
| 37 | sexual predator has expressed no previous interest in renting or |
| 38 | leasing the dwelling unit. |
| 39 | (3) Any person who willfully violates this section is |
| 40 | liable for a civil penalty that may not exceed $10,000 for each |
| 41 | violation. A civil penalty may be recovered in any action |
| 42 | brought in the circuit court by the Attorney General to enforce |
| 43 | this section. If a civil penalty is assessed against the |
| 44 | landlord, the Attorney General is entitled to recover reasonable |
| 45 | attorney's fees and costs. A civil penalty collected under this |
| 46 | subsection shall accrue to the state and be deposited as |
| 47 | received into the General Revenue Fund unallocated. |
| 48 |
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| 49 | ----------------------------------------------------- |
| 50 | T I T L E A M E N D M E N T |
| 51 | Remove line 19 and insert: |
| 52 | criminal penalties; creating s. 943.04355, F.S.; requiring a |
| 53 | landlord who knowingly solicits, rents, or leases a dwelling |
| 54 | unit to a sexual offender or sexual predator to verify that |
| 55 | individual's address; requiring that the landlord notify the |
| 56 | sheriff in certain instances; providing definitions; providing |
| 57 | that the Attorney General may enforce the stated obligations; |
| 58 | providing that a circuit court may assess a civil penalty |
| 59 | against a landlord who willfully violates the required |
| 60 | obligations; limiting the amount of the civil penalty; providing |
| 61 | that the Attorney General is entitled to reasonable attorney's |
| 62 | fees and costs if a civil penalty is assessed; amending s. |
| 63 | 947.1405, F.S.; providing |