Florida Senate - 2013                              CS for SB 490
       By the Committee on Judiciary; and Senator Stargel
       590-03330-13                                           2013490c1
    1                        A bill to be entitled                      
    2         An act relating to landlords and tenants; amending s.
    3         83.42, F.S.; revising exclusions from applicability of
    4         the Florida Residential Landlord and Tenant Act;
    5         amending s. 83.48, F.S.; providing that the right to
    6         attorney fees may not be waived in a lease agreement;
    7         providing that attorney fees may not be awarded in a
    8         claim for personal injury damages based on a breach of
    9         duty of premises maintenance; amending s. 83.49, F.S.;
   10         revising and providing landlord disclosure
   11         requirements with respect to security deposits and
   12         advance rent; providing requirements for the
   13         disbursement of advance rents; providing a limited
   14         rebuttable presumption of receipt of security
   15         deposits; providing for applicability of changes made
   16         by the act to certain disclosure requirements;
   17         amending s. 83.50, F.S.; removing certain landlord
   18         disclosure requirements relating to fire protection;
   19         amending s. 83.51, F.S.; revising a landlord’s
   20         obligation to maintain a premises with respect to
   21         screens; amending s. 83.54, F.S.; providing that
   22         enforcement of a right or duty under the Florida
   23         Residential Landlord and Tenant Act by civil action
   24         does not preclude prosecution of a criminal offense;
   25         amending s. 83.56, F.S.; revising procedures for the
   26         termination of a rental agreement by a landlord;
   27         revising notice procedures; providing that a landlord
   28         does not waive the right to terminate the rental
   29         agreement or to bring a civil action for noncompliance
   30         by accepting partial rent, subject to certain notice;
   31         providing that the period to institute an action
   32         before an exemption involving rent subsidies is waived
   33         begins upon actual knowledge; amending s. 83.575,
   34         F.S.; revising requirements for the termination of a
   35         tenancy having a specific duration to provide for
   36         reciprocal notice provisions in rental agreements;
   37         amending ss. 83.58 and 83.59, F.S.; conforming cross
   38         references; amending s. 83.60, F.S.; providing that a
   39         court may allow the landlord the opportunity to
   40         correct a deficiency in any notice or pleadings before
   41         dismissal of an eviction action; making technical
   42         changes; amending s. 83.62, F.S.; revising procedures
   43         for the restoration of possession to a landlord to
   44         provide that weekends and holidays do not stay the
   45         applicable notice period; amending s. 83.63, F.S.;
   46         conforming a cross-reference; amending s. 83.64, F.S.;
   47         providing examples of conduct for which the landlord
   48         may not retaliate; providing an effective date.
   50  Be It Enacted by the Legislature of the State of Florida:
   52         Section 1. Subsection (2) of section 83.42, Florida
   53  Statutes, is amended to read:
   54         83.42 Exclusions from application of part.—This part does
   55  not apply to:
   56         (2) Occupancy under a contract of sale of a dwelling unit
   57  or the property of which it is a part in which the buyer has
   58  paid at least 12 months’ rent or in which the buyer has paid at
   59  least 1 month’s rent and a deposit of at least 5 percent of the
   60  purchase price of the property.
   61         Section 2. Section 83.48, Florida Statutes, is amended to
   62  read:
   63         83.48 Attorney Attorney’s fees.—In any civil action brought
   64  to enforce the provisions of the rental agreement or this part,
   65  the party in whose favor a judgment or decree has been rendered
   66  may recover reasonable attorney fees and court costs, including
   67  attorney’s fees, from the nonprevailing party. The right to
   68  attorney fees in this section may not be waived in a lease
   69  agreement. However, attorney fees may not be awarded under this
   70  section in a claim for personal injury damages based on a breach
   71  of duty under s. 83.51.
   72         Section 3. Subsections (2), (3), and (7) of section 83.49,
   73  Florida Statutes, are amended to read:
   74         83.49 Deposit money or advance rent; duty of landlord and
   75  tenant.—
   76         (2) The landlord shall, in the lease agreement or within 30
   77  days after of receipt of advance rent or a security deposit,
   78  give written notice to notify the tenant which includes
   79  disclosure of in writing of the manner in which the landlord is
   80  holding the advance rent or security deposit and the rate of
   81  interest, if any, which the tenant is to receive and the time of
   82  interest payments to the tenant. Such written notice shall:
   83         (a) Be given in person or by mail to the tenant.
   84         (b) State the name and address of the depository where the
   85  advance rent or security deposit is being held, whether the
   86  advance rent or security deposit is being held in a separate
   87  account for the benefit of the tenant or is commingled with
   88  other funds of the landlord, and, if commingled, whether such
   89  funds are deposited in an interest-bearing account in a Florida
   90  banking institution.
   91         (c) Include a copy of the provisions of subsection (3).
   92  Subsequent to providing such written notice, if the landlord
   93  changes the manner or location in which he or she is holding the
   94  advance rent or security deposit, he or she must shall notify
   95  the tenant within 30 days after of the change as provided in
   96  paragraphs (a)-(d). The landlord is not required to give new or
   97  additional notice solely because the depository has merged with
   98  another financial institution, changed its name, or transferred
   99  ownership to a different financial institution according to the
  100  provisions herein set forth. This subsection does not apply to
  101  any landlord who rents fewer than five individual dwelling
  102  units. Failure to give provide this notice is shall not be a
  103  defense to the payment of rent when due. The written notice
  104  must:
  105         (a) Be given in person or by mail to the tenant.
  106         (b) State the name and address of the depository where the
  107  advance rent or security deposit is being held or state that the
  108  landlord has posted a surety bond as provided by law.
  109         (c) State whether the tenant is entitled to interest on the
  110  deposit.
  111         (d) Contain the following disclosure:
  123  IF ANY.
  140         (3) The landlord or the landlord’s agent may disburse
  141  advance rents from the deposit account to the landlord’s benefit
  142  when the advance rental period commences and without notice to
  143  the tenant. For all other deposits:
  144         (a) Upon the vacating of the premises for termination of
  145  the lease, if the landlord does not intend to impose a claim on
  146  the security deposit, the landlord shall have 15 days to return
  147  the security deposit together with interest if otherwise
  148  required, or the landlord shall have 30 days to give the tenant
  149  written notice by certified mail to the tenant’s last known
  150  mailing address of his or her intention to impose a claim on the
  151  deposit and the reason for imposing the claim. The notice shall
  152  contain a statement in substantially the following form:
  154         This is a notice of my intention to impose a claim for
  155  damages in the amount of ....upon your security deposit, due to
  156  ..... It is sent to you as required by s. 83.49(3), Florida
  157  Statutes. You are hereby notified that you must object in
  158  writing to this deduction from your security deposit within 15
  159  days from the time you receive this notice or I will be
  160  authorized to deduct my claim from your security deposit. Your
  161  objection must be sent to ...(landlord’s address)....
  163         If the landlord fails to give the required notice within
  164  the 30-day period, he or she forfeits the right to impose a
  165  claim upon the security deposit and may not seek a setoff
  166  against the deposit but may file an action for damages after
  167  return of the deposit.
  168         (b) Unless the tenant objects to the imposition of the
  169  landlord’s claim or the amount thereof within 15 days after
  170  receipt of the landlord’s notice of intention to impose a claim,
  171  the landlord may then deduct the amount of his or her claim and
  172  shall remit the balance of the deposit to the tenant within 30
  173  days after the date of the notice of intention to impose a claim
  174  for damages. The failure of the tenant to make a timely
  175  objection does not waive any rights of the tenant to seek
  176  damages in a separate action.
  177         (c) If either party institutes an action in a court of
  178  competent jurisdiction to adjudicate the party’s right to the
  179  security deposit, the prevailing party is entitled to receive
  180  his or her court costs plus a reasonable fee for his or her
  181  attorney. The court shall advance the cause on the calendar.
  182         (d) Compliance with this section by an individual or
  183  business entity authorized to conduct business in this state,
  184  including Florida-licensed real estate brokers and sales
  185  associates, constitutes shall constitute compliance with all
  186  other relevant Florida Statutes pertaining to security deposits
  187  held pursuant to a rental agreement or other landlord-tenant
  188  relationship. Enforcement personnel shall look solely to this
  189  section to determine compliance. This section prevails over any
  190  conflicting provisions in chapter 475 and in other sections of
  191  the Florida Statutes, and shall operate to permit licensed real
  192  estate brokers to disburse security deposits and deposit money
  193  without having to comply with the notice and settlement
  194  procedures contained in s. 475.25(1)(d).
  195         (7) Upon the sale or transfer of title of the rental
  196  property from one owner to another, or upon a change in the
  197  designated rental agent, any and all security deposits or
  198  advance rents being held for the benefit of the tenants shall be
  199  transferred to the new owner or agent, together with any earned
  200  interest and with an accurate accounting showing the amounts to
  201  be credited to each tenant account. Upon the transfer of such
  202  funds and records to the new owner or agent as stated herein,
  203  and upon transmittal of a written receipt therefor, the
  204  transferor is shall be free from the obligation imposed in
  205  subsection (1) to hold such moneys on behalf of the tenant.
  206  There is a rebuttable presumption that any new owner or agent
  207  received the security deposit from the previous owner or agent;
  208  however, this presumption is limited to 1 month’s rent. This
  209  subsection does not However, nothing herein shall excuse the
  210  landlord or agent for a violation of other the provisions of
  211  this section while in possession of such deposits.
  212         Section 4. The Legislature recognizes that landlords may
  213  have stocks of preprinted lease forms that comply with the
  214  notice requirements of current law. Accordingly, for leases
  215  entered into on or before December 31, 2013, a landlord may give
  216  notice that contains the disclosure required in the changes made
  217  by this act to s. 83.49, Florida Statutes, or the former notice
  218  required in s. 83.49, Florida Statutes 2012. In any event, the
  219  disclosure required by this act is only required for all leases
  220  entered into under this part on or after January 1, 2014.
  221         Section 5. Section 83.50, Florida Statutes, is amended to
  222  read:
  223         83.50 Disclosure of landlord’s address.—
  224         (1)In addition to any other disclosure required by law,
  225  the landlord, or a person authorized to enter into a rental
  226  agreement on the landlord’s behalf, shall disclose in writing to
  227  the tenant, at or before the commencement of the tenancy, the
  228  name and address of the landlord or a person authorized to
  229  receive notices and demands in the landlord’s behalf. The person
  230  so authorized to receive notices and demands retains authority
  231  until the tenant is notified otherwise. All notices of such
  232  names and addresses or changes thereto shall be delivered to the
  233  tenant’s residence or, if specified in writing by the tenant, to
  234  any other address.
  235         (2) The landlord or the landlord’s authorized
  236  representative, upon completion of construction of a building
  237  exceeding three stories in height and containing dwelling units,
  238  shall disclose to the tenants initially moving into the building
  239  the availability or lack of availability of fire protection.
  240         Section 6. Subsection (1) and paragraph (a) of subsection
  241  (2) of section 83.51, Florida Statutes, are amended to read:
  242         83.51 Landlord’s obligation to maintain premises.—
  243         (1) The landlord at all times during the tenancy shall:
  244         (a) Comply with the requirements of applicable building,
  245  housing, and health codes; or
  246         (b) Where there are no applicable building, housing, or
  247  health codes, maintain the roofs, windows, screens, doors,
  248  floors, steps, porches, exterior walls, foundations, and all
  249  other structural components in good repair and capable of
  250  resisting normal forces and loads and the plumbing in reasonable
  251  working condition. The landlord, at commencement of the tenancy,
  252  must ensure that screens are installed in a reasonable
  253  condition. Thereafter, the landlord must repair damage to
  254  screens once annually, when necessary, until termination of the
  255  rental agreement. However,
  257         The landlord is shall not be required to maintain a mobile
  258  home or other structure owned by the tenant. The landlord’s
  259  obligations under this subsection may be altered or modified in
  260  writing with respect to a single-family home or duplex.
  261         (2)(a) Unless otherwise agreed in writing, in addition to
  262  the requirements of subsection (1), the landlord of a dwelling
  263  unit other than a single-family home or duplex shall, at all
  264  times during the tenancy, make reasonable provisions for:
  265         1. The extermination of rats, mice, roaches, ants, wood
  266  destroying organisms, and bedbugs. When vacation of the premises
  267  is required for such extermination, the landlord is shall not be
  268  liable for damages but shall abate the rent. The tenant must
  269  shall be required to temporarily vacate the premises for a
  270  period of time not to exceed 4 days, on 7 days’ written notice,
  271  if necessary, for extermination pursuant to this subparagraph.
  272         2. Locks and keys.
  273         3. The clean and safe condition of common areas.
  274         4. Garbage removal and outside receptacles therefor.
  275         5. Functioning facilities for heat during winter, running
  276  water, and hot water.
  277         Section 7. Section 83.54, Florida Statutes, is amended to
  278  read:
  279         83.54 Enforcement of rights and duties; civil action;
  280  criminal offenses.—Any right or duty declared in this part is
  281  enforceable by civil action. A right or duty enforced by civil
  282  action under this section does not preclude prosecution for a
  283  criminal offense related to the lease or leased property.
  284         Section 8. Subsections (2) through (5) of section 83.56,
  285  Florida Statutes, are amended to read:
  286         83.56 Termination of rental agreement.—
  287         (2) If the tenant materially fails to comply with s. 83.52
  288  or material provisions of the rental agreement, other than a
  289  failure to pay rent, or reasonable rules or regulations, the
  290  landlord may:
  291         (a) If such noncompliance is of a nature that the tenant
  292  should not be given an opportunity to cure it or if the
  293  noncompliance constitutes a subsequent or continuing
  294  noncompliance within 12 months of a written warning by the
  295  landlord of a similar violation, deliver a written notice to the
  296  tenant specifying the noncompliance and the landlord’s intent to
  297  terminate the rental agreement by reason thereof. Examples of
  298  noncompliance which are of a nature that the tenant should not
  299  be given an opportunity to cure include, but are not limited to,
  300  destruction, damage, or misuse of the landlord’s or other
  301  tenants’ property by intentional act or a subsequent or
  302  continued unreasonable disturbance. In such event, the landlord
  303  may terminate the rental agreement, and the tenant shall have 7
  304  days from the date that the notice is delivered to vacate the
  305  premises. The notice shall be adequate if it is in substantially
  306  the following form:
  308         You are advised that your lease is terminated effective
  309  immediately. You shall have 7 days from the delivery of this
  310  letter to vacate the premises. This action is taken because
  311  ...(cite the noncompliance)....
  313         (b) If such noncompliance is of a nature that the tenant
  314  should be given an opportunity to cure it, deliver a written
  315  notice to the tenant specifying the noncompliance, including a
  316  notice that, if the noncompliance is not corrected within 7 days
  317  from the date that the written notice is delivered, the landlord
  318  shall terminate the rental agreement by reason thereof. Examples
  319  of such noncompliance include, but are not limited to,
  320  activities in contravention of the lease or this part act such
  321  as having or permitting unauthorized pets, guests, or vehicles;
  322  parking in an unauthorized manner or permitting such parking; or
  323  failing to keep the premises clean and sanitary. If such
  324  noncompliance recurs within 12 months after notice, an eviction
  325  action may commence without delivering a subsequent notice
  326  pursuant to paragraph (a) or this paragraph, so long as the
  327  complaint in the eviction action specifies the date, time,
  328  place, and specific facts of the alleged subsequent non
  329  compliance so as to allow the tenant to be able to be aware of
  330  the allegations against the tenant and to prepare a defense. The
  331  notice shall be adequate if it is in substantially the following
  332  form:
  334         You are hereby notified that ...(cite the
  335  noncompliance).... Demand is hereby made that you remedy the
  336  noncompliance within 7 days of receipt of this notice or your
  337  lease shall be deemed terminated and you shall vacate the
  338  premises upon such termination. If this same conduct or conduct
  339  of a similar nature is repeated within 12 months, your tenancy
  340  is subject to termination without further warning and without
  341  your being given an opportunity to cure the noncompliance.
  343         (3) If the tenant fails to pay rent when due and the
  344  default continues for 3 days, excluding Saturday, Sunday, and
  345  legal holidays, after delivery of written demand by the landlord
  346  for payment of the rent or possession of the premises, the
  347  landlord may terminate the rental agreement. Legal holidays for
  348  the purpose of this section shall be court-observed holidays
  349  only. The 3-day notice shall contain a statement in
  350  substantially the following form:
  352         You are hereby notified that you are indebted to me in the
  353  sum of .... dollars for the rent and use of the premises
  354  ...(address of leased premises, including county)..., Florida,
  355  now occupied by you and that I demand payment of the rent or
  356  possession of the premises within 3 days (excluding Saturday,
  357  Sunday, and legal holidays) from the date of delivery of this
  358  notice, to wit: on or before the .... day of ...., ...(year)....
  359         ...(landlord’s name, address and phone number)...
  361         (4) The delivery of the written notices required by
  362  subsections (1), (2), and (3) shall be by mailing or delivery of
  363  a true copy thereof or, if the tenant is absent from the
  364  premises, by leaving a copy thereof at the residence. The notice
  365  requirements of subsections (1), (2), and (3) may not be waived
  366  in the lease.
  367         (5)(a) If the landlord accepts rent with actual knowledge
  368  of a noncompliance by the tenant or accepts performance by the
  369  tenant of any other provision of the rental agreement that is at
  370  variance with its provisions, or if the tenant pays rent with
  371  actual knowledge of a noncompliance by the landlord or accepts
  372  performance by the landlord of any other provision of the rental
  373  agreement that is at variance with its provisions, the landlord
  374  or tenant waives his or her right to terminate the rental
  375  agreement or to bring a civil action for that noncompliance, but
  376  not for any subsequent or continuing noncompliance. However, a
  377  landlord does not waive the right to terminate the rental
  378  agreement or to bring a civil action for that noncompliance by
  379  accepting partial rent for the period.
  380         (b) Any tenant who wishes to defend against an action by
  381  the landlord for possession of the unit for noncompliance of the
  382  rental agreement or of relevant statutes must shall comply with
  383  the provisions in s. 83.60(2). The court may not set a date for
  384  mediation or trial unless the provisions of s. 83.60(2) have
  385  been met, but must shall enter a default judgment for removal of
  386  the tenant with a writ of possession to issue immediately if the
  387  tenant fails to comply with s. 83.60(2).
  388         (c) This subsection does not apply to that portion of rent
  389  subsidies received from a local, state, or national government
  390  or an agency of local, state, or national government; however,
  391  waiver will occur if an action has not been instituted within 45
  392  days after the landlord obtains actual knowledge of the
  393  noncompliance.
  394         Section 9. Subsection (1) of section 83.575, Florida
  395  Statutes, is amended to read:
  396         83.575 Termination of tenancy with specific duration.—
  397         (1) A rental agreement with a specific duration may contain
  398  a provision requiring the tenant to notify the landlord within a
  399  specified period before vacating the premises at the end of the
  400  rental agreement, if such provision requires the landlord to
  401  notify the tenant within such notice period if the rental
  402  agreement will not be renewed; however, a rental agreement may
  403  not require more than 60 days’ notice from either the tenant or
  404  the landlord before vacating the premises.
  405         Section 10. Section 83.58, Florida Statutes, is amended to
  406  read:
  407         83.58 Remedies; tenant holding over.—If the tenant holds
  408  over and continues in possession of the dwelling unit or any
  409  part thereof after the expiration of the rental agreement
  410  without the permission of the landlord, the landlord may recover
  411  possession of the dwelling unit in the manner provided for in s.
  412  83.59 [F.S. 1973]. The landlord may also recover double the
  413  amount of rent due on the dwelling unit, or any part thereof,
  414  for the period during which the tenant refuses to surrender
  415  possession.
  416         Section 11. Subsection (2) of section 83.59, Florida
  417  Statutes, is amended to read:
  418         83.59 Right of action for possession.—
  419         (2) A landlord, the landlord’s attorney, or the landlord’s
  420  agent, applying for the removal of a tenant, shall file in the
  421  county court of the county where the premises are situated a
  422  complaint describing the dwelling unit and stating the facts
  423  that authorize its recovery. A landlord’s agent is not permitted
  424  to take any action other than the initial filing of the
  425  complaint, unless the landlord’s agent is an attorney. The
  426  landlord is entitled to the summary procedure provided in s.
  427  51.011 [F.S. 1971], and the court shall advance the cause on the
  428  calendar.
  429         Section 12. Section 83.60, Florida Statutes, is amended to
  430  read:
  431         83.60 Defenses to action for rent or possession;
  432  procedure.—
  433         (1)(a) In an action by the landlord for possession of a
  434  dwelling unit based upon nonpayment of rent or in an action by
  435  the landlord under s. 83.55 seeking to recover unpaid rent, the
  436  tenant may defend upon the ground of a material noncompliance
  437  with s. 83.51(1) [F.S. 1973], or may raise any other defense,
  438  whether legal or equitable, that he or she may have, including
  439  the defense of retaliatory conduct in accordance with s. 83.64.
  440  The court may allow the landlord the opportunity to correct a
  441  minor procedural deficiency in a notice or pleading before
  442  dismissal of the action.
  443         (b) The defense of a material noncompliance with s.
  444  83.51(1) [F.S. 1973] may be raised by the tenant if 7 days have
  445  elapsed after the delivery of written notice by the tenant to
  446  the landlord, specifying the noncompliance and indicating the
  447  intention of the tenant not to pay rent by reason thereof. Such
  448  notice by the tenant may be given to the landlord, the
  449  landlord’s representative as designated pursuant to s. 83.50(1),
  450  a resident manager, or the person or entity who collects the
  451  rent on behalf of the landlord. A material noncompliance with s.
  452  83.51(1) [F.S. 1973] by the landlord is a complete defense to an
  453  action for possession based upon nonpayment of rent, and, upon
  454  hearing, the court or the jury, as the case may be, shall
  455  determine the amount, if any, by which the rent is to be reduced
  456  to reflect the diminution in value of the dwelling unit during
  457  the period of noncompliance with s. 83.51(1) [F.S. 1973]. After
  458  consideration of all other relevant issues, the court shall
  459  enter appropriate judgment.
  460         (2) In an action by the landlord for possession of a
  461  dwelling unit, if the tenant interposes any defense other than
  462  payment, including, but not limited to, the defense of a
  463  defective 3-day notice, the tenant shall pay into the registry
  464  of the court the accrued rent as alleged in the complaint or as
  465  determined by the court and the rent that which accrues during
  466  the pendency of the proceeding, when due. The clerk shall notify
  467  the tenant of such requirement in the summons. Failure of the
  468  tenant to pay the rent into the registry of the court or to file
  469  a motion to determine the amount of rent to be paid into the
  470  registry within 5 days, excluding Saturdays, Sundays, and legal
  471  holidays, after the date of service of process constitutes an
  472  absolute waiver of the tenant’s defenses other than payment, and
  473  the landlord is entitled to an immediate default judgment for
  474  removal of the tenant with a writ of possession to issue without
  475  further notice or hearing thereon. If In the event a motion to
  476  determine rent is filed, documentation in support of the
  477  allegation that the rent as alleged in the complaint is in error
  478  is required. Public housing tenants or tenants receiving rent
  479  subsidies are shall be required to deposit only that portion of
  480  the full rent for which they are the tenant is responsible
  481  pursuant to the federal, state, or local program in which they
  482  are participating.
  483         Section 13. Subsection (1) of section 83.62, Florida
  484  Statutes, is amended to read:
  485         83.62 Restoration of possession to landlord.—
  486         (1) In an action for possession, after entry of judgment in
  487  favor of the landlord, the clerk shall issue a writ to the
  488  sheriff describing the premises and commanding the sheriff to
  489  put the landlord in possession after 24 hours’ notice
  490  conspicuously posted on the premises. Saturdays, Sundays, and
  491  legal holidays do not stay the 24-hour notice period.
  492         Section 14. Section 83.63, Florida Statutes, is amended to
  493  read:
  494         83.63 Casualty damage.—If the premises are damaged or
  495  destroyed other than by the wrongful or negligent acts of the
  496  tenant so that the enjoyment of the premises is substantially
  497  impaired, the tenant may terminate the rental agreement and
  498  immediately vacate the premises. The tenant may vacate the part
  499  of the premises rendered unusable by the casualty, in which case
  500  the tenant’s liability for rent shall be reduced by the fair
  501  rental value of that part of the premises damaged or destroyed.
  502  If the rental agreement is terminated, the landlord shall comply
  503  with s. 83.49(3) [F.S. 1973].
  504         Section 15. Subsection (1) of section 83.64, Florida
  505  Statutes, is amended to read:
  506         83.64 Retaliatory conduct.—
  507         (1) It is unlawful for a landlord to discriminatorily
  508  increase a tenant’s rent or decrease services to a tenant, or to
  509  bring or threaten to bring an action for possession or other
  510  civil action, primarily because the landlord is retaliating
  511  against the tenant. In order for the tenant to raise the defense
  512  of retaliatory conduct, the tenant must have acted in good
  513  faith. Examples of conduct for which the landlord may not
  514  retaliate include, but are not limited to, situations where:
  515         (a) The tenant has complained to a governmental agency
  516  charged with responsibility for enforcement of a building,
  517  housing, or health code of a suspected violation applicable to
  518  the premises;
  519         (b) The tenant has organized, encouraged, or participated
  520  in a tenants’ organization;
  521         (c) The tenant has complained to the landlord pursuant to
  522  s. 83.56(1); or
  523         (d) The tenant is a servicemember who has terminated a
  524  rental agreement pursuant to s. 83.682;
  525         (e) The tenant has paid rent to a condominium, cooperative,
  526  or homeowners’ association after demand from the association in
  527  order to pay the landlord’s obligation to the association; or
  528         (f) The tenant has exercised his or her rights under local,
  529  state, or federal fair housing laws.
  530         Section 16. This act shall take effect July 1, 2013.