| 1 | A bill to be entitled |
| 2 | An act relating to sexual offenders and sexual predators; |
| 3 | creating s. 943.04355, F.S.; requiring a landlord who |
| 4 | knowingly solicits, rents, or leases a dwelling unit to a |
| 5 | sexual offender or sexual predator to verify that |
| 6 | individual's address; requiring that the landlord notify |
| 7 | the sheriff in certain instances; providing criminal |
| 8 | penalties; providing a defense; providing definitions; |
| 9 | providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 943.04355, Florida Statutes, is created |
| 14 | to read: |
| 15 | 943.04355 Dwelling rental or solicitation; sexual |
| 16 | offenders and predators.-- |
| 17 | (1)(a) A landlord who knowingly solicits an individual who |
| 18 | is registered as a sexual offender or a sexual predator to rent |
| 19 | or lease a dwelling unit, or who knowingly rents or leases a |
| 20 | dwelling unit to an individual who is registered as a sexual |
| 21 | offender or a sexual predator, shall, within 5 days after the |
| 22 | date that the individual known to be a registered sexual |
| 23 | offender or sexual predator occupies the dwelling unit as a |
| 24 | tenant, do all of the following: |
| 25 | 1. Conduct a search for the tenant's name in the sexual |
| 26 | offender database. |
| 27 | 2. Confirm that the address of the tenant identified as a |
| 28 | sexual offender or sexual predator is correctly reflected on the |
| 29 | sexual offender database. |
| 30 | 3. Notify the sheriff of the county in which the dwelling |
| 31 | is located if the address of a tenant identified as a sexual |
| 32 | offender or sexual predator is not correctly reflected on the |
| 33 | sexual offender database. |
| 34 |
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| 35 | A landlord who violates this section commits a misdemeanor of |
| 36 | the second degree, punishable as provided in s. 775.082 or s. |
| 37 | 775.083. |
| 38 | (b) It is an affirmative defense to an offense under this |
| 39 | section that the landlord used due diligence and was unable to |
| 40 | determine that a tenant was a sexual offender or sexual |
| 41 | predator. |
| 42 | (2) As used in this section, the term: |
| 43 | (a) "Dwelling unit," "landlord," "rent," and "tenant" have |
| 44 | the same meanings as provided in s. 83.43. |
| 45 | (b) "Sexual offender" has the same meaning as provided in |
| 46 | s. 943.0435. |
| 47 | (c) "Sexual offender database" means the database of |
| 48 | registration information regarding sexual predators and sexual |
| 49 | offenders maintained by the department under s. 943.043. |
| 50 | (d) "Sexual predator" has the same meaning as provided in |
| 51 | s. 775.21. |
| 52 | (e) "Solicit" means to initiate contact with a sexual |
| 53 | offender or sexual predator for the purpose of attempting to |
| 54 | rent or lease a dwelling unit, where such sexual offender or |
| 55 | sexual predator has expressed no previous interest in renting or |
| 56 | leasing the dwelling unit. |
| 57 | Section 2. This act shall take effect July 1, 2008. |