Florida Senate - 2008 CS for SB 2236
By the Committee on Community Affairs; and Senator Aronberg
578-06625-08 20082236c1
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A bill to be entitled
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An act relating to sexual offenders and sexual predators;
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creating s. 943.04355, F.S.; requiring a landlord who
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knowingly solicits, rents, or leases a dwelling unit to a
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sexual offender or sexual predator to verify that
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individual's address; requiring that the landlord notify
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the sheriff in certain instances; providing definitions;
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providing that the Attorney General may enforce the stated
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obligations; providing that a circuit court may assess a
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civil penalty against a landlord who willfully violates
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the required obligations; limiting the amount of the civil
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penalty; providing that the Attorney General is entitled
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to reasonable attorney's fees and costs if a civil penalty
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is assessed; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 943.04355, Florida Statutes, is created
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to read:
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943.04355 Dwelling rental or solicitation; sexual offenders
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and predators.--
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(1) A landlord who knowingly solicits an individual who is
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registered as a sexual offender or a sexual predator to rent or
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lease a dwelling unit because of his or her status as a
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registered sexual offender or a sexual predator, shall, within 5
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days after the date the individual occupies the dwelling unit as
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a tenant, do all of the following:
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(a) Conduct a search for the tenant's name in the sexual
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offender database.
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(b) Confirm that the address of the tenant identified as a
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sexual offender or sexual predator is correctly reflected on the
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sexual offender database.
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(c) Notify the sheriff of the county in which the dwelling
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is located if the address of a tenant identified as a sexual
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offender or sexual predator is not correctly reflected on the
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sexual offender database.
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(2) As used in this section, the term:
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(a) "Dwelling unit," "landlord," "rent," and "tenant" have
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the same meanings as provided in s. 83.43.
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(b) "Sexual offender" has the same meaning as provided in
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s. 943.0435.
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(c) "Sexual offender database" means the database of
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registration information regarding sexual predators and sexual
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offenders maintained by the department under s. 943.043.
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(d) "Sexual predator" has the same meaning as provided in
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s. 775.21.
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(e) "Solicit" means to initiate contact with a sexual
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offender or sexual predator for the purpose of attempting to rent
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or lease a dwelling unit, where such sexual offender or sexual
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predator has expressed no previous interest in renting or leasing
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the dwelling unit.
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(3) Any person who willfully violates this section is
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liable for a civil penalty that may not be more than $10,000 for
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each violation. A civil penalty may be recovered in any action
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brought in the circuit court by the Attorney General to enforce
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this section. If a civil penalty is assessed against the
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landlord, the Attorney General is entitled to recover reasonable
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attorney's fees and costs. A civil penalty collected under this
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subsection shall accrue to the state and be deposited as received
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into the General Revenue Fund unallocated.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.