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.