CS for CS for SB 490                             First Engrossed
    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         requiring the landlord to follow specified procedures
   32         if the landlord receives partial rent after posting
   33         the 3-day notice; providing that the period to
   34         institute an action before an exemption involving rent
   35         subsidies is waived begins upon actual knowledge;
   36         amending s. 83.575, F.S.; revising requirements for
   37         the termination of a tenancy having a specific
   38         duration to provide for reciprocal notice provisions
   39         in rental agreements; amending ss. 83.58 and 83.59,
   40         F.S.; conforming cross-references; amending s. 83.60,
   41         F.S.; providing that a landlord must be given an
   42         opportunity to cure a deficiency in any notice or
   43         pleadings before dismissal of an eviction action;
   44         making technical changes; amending s. 83.62, F.S.;
   45         revising procedures for the restoration of possession
   46         to a landlord to provide that weekends and holidays do
   47         not stay the applicable notice period; amending s.
   48         83.63, F.S.; conforming a cross-reference; amending s.
   49         83.64, F.S.; providing examples of conduct for which
   50         the landlord may not retaliate; providing an effective
   51         date.
   53  Be It Enacted by the Legislature of the State of Florida:
   55         Section 1. Subsection (2) of section 83.42, Florida
   56  Statutes, is amended to read:
   57         83.42 Exclusions from application of part.—This part does
   58  not apply to:
   59         (2) Occupancy under a contract of sale of a dwelling unit
   60  or the property of which it is a part in which the buyer has
   61  paid at least 12 months’ rent or in which the buyer has paid at
   62  least 1 month’s rent and a deposit of at least 5 percent of the
   63  purchase price of the property.
   64         Section 2. Section 83.48, Florida Statutes, is amended to
   65  read:
   66         83.48 Attorney Attorney’s fees.—In any civil action brought
   67  to enforce the provisions of the rental agreement or this part,
   68  the party in whose favor a judgment or decree has been rendered
   69  may recover reasonable attorney fees and court costs, including
   70  attorney’s fees, from the nonprevailing party. The right to
   71  attorney fees in this section may not be waived in a lease
   72  agreement. However, attorney fees may not be awarded under this
   73  section in a claim for personal injury damages based on a breach
   74  of duty under s. 83.51.
   75         Section 3. Subsections (2), (3), and (7) of section 83.49,
   76  Florida Statutes, are amended to read:
   77         83.49 Deposit money or advance rent; duty of landlord and
   78  tenant.—
   79         (2) The landlord shall, in the lease agreement or within 30
   80  days after of receipt of advance rent or a security deposit,
   81  give written notice to notify the tenant which includes
   82  disclosure of in writing of the manner in which the landlord is
   83  holding the advance rent or security deposit and the rate of
   84  interest, if any, which the tenant is to receive and the time of
   85  interest payments to the tenant. Such written notice shall:
   86         (a) Be given in person or by mail to the tenant.
   87         (b) State the name and address of the depository where the
   88  advance rent or security deposit is being held, whether the
   89  advance rent or security deposit is being held in a separate
   90  account for the benefit of the tenant or is commingled with
   91  other funds of the landlord, and, if commingled, whether such
   92  funds are deposited in an interest-bearing account in a Florida
   93  banking institution.
   94         (c) Include a copy of the provisions of subsection (3).
   95  Subsequent to providing such written notice, if the landlord
   96  changes the manner or location in which he or she is holding the
   97  advance rent or security deposit, he or she must shall notify
   98  the tenant within 30 days after of the change as provided in
   99  paragraphs (a)-(d). The landlord is not required to give new or
  100  additional notice solely because the depository has merged with
  101  another financial institution, changed its name, or transferred
  102  ownership to a different financial institution according to the
  103  provisions herein set forth. This subsection does not apply to
  104  any landlord who rents fewer than five individual dwelling
  105  units. Failure to give provide this notice is shall not be a
  106  defense to the payment of rent when due. The written notice
  107  must:
  108         (a) Be given in person or by mail to the tenant.
  109         (b) State the name and address of the depository where the
  110  advance rent or security deposit is being held or state that the
  111  landlord has posted a surety bond as provided by law.
  112         (c) State whether the tenant is entitled to interest on the
  113  deposit.
  114         (d) Contain the following disclosure:
  134         REFUND.
  145         (3) The landlord or the landlord’s agent may disburse
  146  advance rents from the deposit account to the landlord’s benefit
  147  when the advance rental period commences and without notice to
  148  the tenant. For all other deposits:
  149         (a) Upon the vacating of the premises for termination of
  150  the lease, if the landlord does not intend to impose a claim on
  151  the security deposit, the landlord shall have 15 days to return
  152  the security deposit together with interest if otherwise
  153  required, or the landlord shall have 30 days to give the tenant
  154  written notice by certified mail to the tenant’s last known
  155  mailing address of his or her intention to impose a claim on the
  156  deposit and the reason for imposing the claim. The notice shall
  157  contain a statement in substantially the following form:
  159         This is a notice of my intention to impose a claim for
  160  damages in the amount of .... upon your security deposit, due to
  161  ..... It is sent to you as required by s. 83.49(3), Florida
  162  Statutes. You are hereby notified that you must object in
  163  writing to this deduction from your security deposit within 15
  164  days from the time you receive this notice or I will be
  165  authorized to deduct my claim from your security deposit. Your
  166  objection must be sent to ... (landlord’s address)....
  168  If the landlord fails to give the required notice within the 30
  169  day period, he or she forfeits the right to impose a claim upon
  170  the security deposit and may not seek a setoff against the
  171  deposit but may file an action for damages after return of the
  172  deposit.
  173         (b) Unless the tenant objects to the imposition of the
  174  landlord’s claim or the amount thereof within 15 days after
  175  receipt of the landlord’s notice of intention to impose a claim,
  176  the landlord may then deduct the amount of his or her claim and
  177  shall remit the balance of the deposit to the tenant within 30
  178  days after the date of the notice of intention to impose a claim
  179  for damages. The failure of the tenant to make a timely
  180  objection does not waive any rights of the tenant to seek
  181  damages in a separate action.
  182         (c) If either party institutes an action in a court of
  183  competent jurisdiction to adjudicate the party’s right to the
  184  security deposit, the prevailing party is entitled to receive
  185  his or her court costs plus a reasonable fee for his or her
  186  attorney. The court shall advance the cause on the calendar.
  187         (d) Compliance with this section by an individual or
  188  business entity authorized to conduct business in this state,
  189  including Florida-licensed real estate brokers and sales
  190  associates, constitutes shall constitute compliance with all
  191  other relevant Florida Statutes pertaining to security deposits
  192  held pursuant to a rental agreement or other landlord-tenant
  193  relationship. Enforcement personnel shall look solely to this
  194  section to determine compliance. This section prevails over any
  195  conflicting provisions in chapter 475 and in other sections of
  196  the Florida Statutes, and shall operate to permit licensed real
  197  estate brokers to disburse security deposits and deposit money
  198  without having to comply with the notice and settlement
  199  procedures contained in s. 475.25(1)(d).
  200         (7) Upon the sale or transfer of title of the rental
  201  property from one owner to another, or upon a change in the
  202  designated rental agent, any and all security deposits or
  203  advance rents being held for the benefit of the tenants shall be
  204  transferred to the new owner or agent, together with any earned
  205  interest and with an accurate accounting showing the amounts to
  206  be credited to each tenant account. Upon the transfer of such
  207  funds and records to the new owner or agent as stated herein,
  208  and upon transmittal of a written receipt therefor, the
  209  transferor is shall be free from the obligation imposed in
  210  subsection (1) to hold such moneys on behalf of the tenant.
  211  There is a rebuttable presumption that any new owner or agent
  212  received the security deposit from the previous owner or agent;
  213  however, this presumption is limited to 1 month’s rent. This
  214  subsection does not However, nothing herein shall excuse the
  215  landlord or agent for a violation of other the provisions of
  216  this section while in possession of such deposits.
  217         Section 4. The Legislature recognizes that landlords may
  218  have stocks of preprinted lease forms that comply with the
  219  notice requirements of current law. Accordingly, for leases
  220  entered into on or before December 31, 2013, a landlord may give
  221  notice that contains the disclosure required in the changes made
  222  by this act to s. 83.49, Florida Statutes, or the former notice
  223  required in s. 83.49, Florida Statutes 2012. In any event, the
  224  disclosure required by this act is only required for all leases
  225  entered into under this part on or after January 1, 2014.
  226         Section 5. Section 83.50, Florida Statutes, is amended to
  227  read:
  228         83.50 Disclosure of landlord’s address.—
  229         (1)In addition to any other disclosure required by law,
  230  the landlord, or a person authorized to enter into a rental
  231  agreement on the landlord’s behalf, shall disclose in writing to
  232  the tenant, at or before the commencement of the tenancy, the
  233  name and address of the landlord or a person authorized to
  234  receive notices and demands in the landlord’s behalf. The person
  235  so authorized to receive notices and demands retains authority
  236  until the tenant is notified otherwise. All notices of such
  237  names and addresses or changes thereto shall be delivered to the
  238  tenant’s residence or, if specified in writing by the tenant, to
  239  any other address.
  240         (2) The landlord or the landlord’s authorized
  241  representative, upon completion of construction of a building
  242  exceeding three stories in height and containing dwelling units,
  243  shall disclose to the tenants initially moving into the building
  244  the availability or lack of availability of fire protection.
  245         Section 6. Subsection (1) and paragraph (a) of subsection
  246  (2) of section 83.51, Florida Statutes, are amended to read:
  247         83.51 Landlord’s obligation to maintain premises.—
  248         (1) The landlord at all times during the tenancy shall:
  249         (a) Comply with the requirements of applicable building,
  250  housing, and health codes; or
  251         (b) Where there are no applicable building, housing, or
  252  health codes, maintain the roofs, windows, screens, doors,
  253  floors, steps, porches, exterior walls, foundations, and all
  254  other structural components in good repair and capable of
  255  resisting normal forces and loads and the plumbing in reasonable
  256  working condition. The landlord, at commencement of the tenancy,
  257  must ensure that screens are installed in a reasonable
  258  condition. Thereafter, the landlord must repair damage to
  259  screens once annually, when necessary, until termination of the
  260  rental agreement. However,
  262  The landlord is shall not be required to maintain a mobile home
  263  or other structure owned by the tenant. The landlord’s
  264  obligations under this subsection may be altered or modified in
  265  writing with respect to a single-family home or duplex.
  266         (2)(a) Unless otherwise agreed in writing, in addition to
  267  the requirements of subsection (1), the landlord of a dwelling
  268  unit other than a single-family home or duplex shall, at all
  269  times during the tenancy, make reasonable provisions for:
  270         1. The extermination of rats, mice, roaches, ants, wood
  271  destroying organisms, and bedbugs. When vacation of the premises
  272  is required for such extermination, the landlord is shall not be
  273  liable for damages but shall abate the rent. The tenant must
  274  shall be required to temporarily vacate the premises for a
  275  period of time not to exceed 4 days, on 7 days’ written notice,
  276  if necessary, for extermination pursuant to this subparagraph.
  277         2. Locks and keys.
  278         3. The clean and safe condition of common areas.
  279         4. Garbage removal and outside receptacles therefor.
  280         5. Functioning facilities for heat during winter, running
  281  water, and hot water.
  282         Section 7. Section 83.54, Florida Statutes, is amended to
  283  read:
  284         83.54 Enforcement of rights and duties; civil action;
  285  criminal offenses.—Any right or duty declared in this part is
  286  enforceable by civil action. A right or duty enforced by civil
  287  action under this section does not preclude prosecution for a
  288  criminal offense related to the lease or leased property.
  289         Section 8. Subsections (2) through (5) of section 83.56,
  290  Florida Statutes, are amended to read:
  291         83.56 Termination of rental agreement.—
  292         (2) If the tenant materially fails to comply with s. 83.52
  293  or material provisions of the rental agreement, other than a
  294  failure to pay rent, or reasonable rules or regulations, the
  295  landlord may:
  296         (a) If such noncompliance is of a nature that the tenant
  297  should not be given an opportunity to cure it or if the
  298  noncompliance constitutes a subsequent or continuing
  299  noncompliance within 12 months of a written warning by the
  300  landlord of a similar violation, deliver a written notice to the
  301  tenant specifying the noncompliance and the landlord’s intent to
  302  terminate the rental agreement by reason thereof. Examples of
  303  noncompliance which are of a nature that the tenant should not
  304  be given an opportunity to cure include, but are not limited to,
  305  destruction, damage, or misuse of the landlord’s or other
  306  tenants’ property by intentional act or a subsequent or
  307  continued unreasonable disturbance. In such event, the landlord
  308  may terminate the rental agreement, and the tenant shall have 7
  309  days from the date that the notice is delivered to vacate the
  310  premises. The notice shall be adequate if it is in substantially
  311  the following form:
  313         You are advised that your lease is terminated effective
  314  immediately. You shall have 7 days from the delivery of this
  315  letter to vacate the premises. This action is taken because
  316  ...(cite the noncompliance)....
  318         (b) If such noncompliance is of a nature that the tenant
  319  should be given an opportunity to cure it, deliver a written
  320  notice to the tenant specifying the noncompliance, including a
  321  notice that, if the noncompliance is not corrected within 7 days
  322  from the date that the written notice is delivered, the landlord
  323  shall terminate the rental agreement by reason thereof. Examples
  324  of such noncompliance include, but are not limited to,
  325  activities in contravention of the lease or this part act such
  326  as having or permitting unauthorized pets, guests, or vehicles;
  327  parking in an unauthorized manner or permitting such parking; or
  328  failing to keep the premises clean and sanitary. If such
  329  noncompliance recurs within 12 months after notice, an eviction
  330  action may commence without delivering a subsequent notice
  331  pursuant to paragraph (a) or this paragraph. The notice shall be
  332  adequate if it is in substantially the following 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)....
  360  ...(landlord’s name, address and phone number)...
  362         (4) The delivery of the written notices required by
  363  subsections (1), (2), and (3) shall be by mailing or delivery of
  364  a true copy thereof or, if the tenant is absent from the
  365  premises, by leaving a copy thereof at the residence. The notice
  366  requirements of subsections (1), (2), and (3) may not be waived
  367  in the lease.
  368         (5)(a) If the landlord accepts rent with actual knowledge
  369  of a noncompliance by the tenant or accepts performance by the
  370  tenant of any other provision of the rental agreement that is at
  371  variance with its provisions, or if the tenant pays rent with
  372  actual knowledge of a noncompliance by the landlord or accepts
  373  performance by the landlord of any other provision of the rental
  374  agreement that is at variance with its provisions, the landlord
  375  or tenant waives his or her right to terminate the rental
  376  agreement or to bring a civil action for that noncompliance, but
  377  not for any subsequent or continuing noncompliance. However, a
  378  landlord does not waive the right to terminate the rental
  379  agreement or to bring a civil action for that noncompliance by
  380  accepting partial rent for the period. If partial rent is
  381  received after posting the notice for non-payment, the landlord
  382  must:
  383         1. Provide the tenant with a receipt stating the date and
  384  amount received and the agreed upon date and balance of rent due
  385  before filing an action for possession; or
  386         2. Place the amount of partial rent received from the
  387  tenant in the registry of the court upon filing the action for
  388  possession; or
  389         3. Post a new 3-day notice reflecting the new amount due.
  390         (b) Any tenant who wishes to defend against an action by
  391  the landlord for possession of the unit for noncompliance of the
  392  rental agreement or of relevant statutes must shall comply with
  393  the provisions in s. 83.60(2). The court may not set a date for
  394  mediation or trial unless the provisions of s. 83.60(2) have
  395  been met, but must shall enter a default judgment for removal of
  396  the tenant with a writ of possession to issue immediately if the
  397  tenant fails to comply with s. 83.60(2).
  398         (c) This subsection does not apply to that portion of rent
  399  subsidies received from a local, state, or national government
  400  or an agency of local, state, or national government; however,
  401  waiver will occur if an action has not been instituted within 45
  402  days after the landlord obtains actual knowledge of the
  403  noncompliance.
  404         Section 9. Subsection (1) of section 83.575, Florida
  405  Statutes, is amended to read:
  406         83.575 Termination of tenancy with specific duration.—
  407         (1) A rental agreement with a specific duration may contain
  408  a provision requiring the tenant to notify the landlord within a
  409  specified period before vacating the premises at the end of the
  410  rental agreement, if such provision requires the landlord to
  411  notify the tenant within such notice period if the rental
  412  agreement will not be renewed; however, a rental agreement may
  413  not require more than 60 days’ notice from either the tenant or
  414  the landlord before vacating the premises.
  415         Section 10. Section 83.58, Florida Statutes, is amended to
  416  read:
  417         83.58 Remedies; tenant holding over.—If the tenant holds
  418  over and continues in possession of the dwelling unit or any
  419  part thereof after the expiration of the rental agreement
  420  without the permission of the landlord, the landlord may recover
  421  possession of the dwelling unit in the manner provided for in s.
  422  83.59 [F.S. 1973]. The landlord may also recover double the
  423  amount of rent due on the dwelling unit, or any part thereof,
  424  for the period during which the tenant refuses to surrender
  425  possession.
  426         Section 11. Subsection (2) of section 83.59, Florida
  427  Statutes, is amended to read:
  428         83.59 Right of action for possession.—
  429         (2) A landlord, the landlord’s attorney, or the landlord’s
  430  agent, applying for the removal of a tenant, shall file in the
  431  county court of the county where the premises are situated a
  432  complaint describing the dwelling unit and stating the facts
  433  that authorize its recovery. A landlord’s agent is not permitted
  434  to take any action other than the initial filing of the
  435  complaint, unless the landlord’s agent is an attorney. The
  436  landlord is entitled to the summary procedure provided in s.
  437  51.011 [F.S. 1971], and the court shall advance the cause on the
  438  calendar.
  439         Section 12. Section 83.60, Florida Statutes, is amended to
  440  read:
  441         83.60 Defenses to action for rent or possession;
  442  procedure.—
  443         (1)(a) In an action by the landlord for possession of a
  444  dwelling unit based upon nonpayment of rent or in an action by
  445  the landlord under s. 83.55 seeking to recover unpaid rent, the
  446  tenant may defend upon the ground of a material noncompliance
  447  with s. 83.51(1) [F.S. 1973], or may raise any other defense,
  448  whether legal or equitable, that he or she may have, including
  449  the defense of retaliatory conduct in accordance with s. 83.64.
  450  The landlord must be given an opportunity to cure a deficiency
  451  in a notice or in the pleadings before dismissal of the action.
  452         (b) The defense of a material noncompliance with s.
  453  83.51(1) [F.S. 1973] may be raised by the tenant if 7 days have
  454  elapsed after the delivery of written notice by the tenant to
  455  the landlord, specifying the noncompliance and indicating the
  456  intention of the tenant not to pay rent by reason thereof. Such
  457  notice by the tenant may be given to the landlord, the
  458  landlord’s representative as designated pursuant to s. 83.50(1),
  459  a resident manager, or the person or entity who collects the
  460  rent on behalf of the landlord. A material noncompliance with s.
  461  83.51(1) [F.S. 1973] by the landlord is a complete defense to an
  462  action for possession based upon nonpayment of rent, and, upon
  463  hearing, the court or the jury, as the case may be, shall
  464  determine the amount, if any, by which the rent is to be reduced
  465  to reflect the diminution in value of the dwelling unit during
  466  the period of noncompliance with s. 83.51(1) [F.S. 1973]. After
  467  consideration of all other relevant issues, the court shall
  468  enter appropriate judgment.
  469         (2) In an action by the landlord for possession of a
  470  dwelling unit, if the tenant interposes any defense other than
  471  payment, including, but not limited to, the defense of a
  472  defective 3-day notice, the tenant shall pay into the registry
  473  of the court the accrued rent as alleged in the complaint or as
  474  determined by the court and the rent that which accrues during
  475  the pendency of the proceeding, when due. The clerk shall notify
  476  the tenant of such requirement in the summons. Failure of the
  477  tenant to pay the rent into the registry of the court or to file
  478  a motion to determine the amount of rent to be paid into the
  479  registry within 5 days, excluding Saturdays, Sundays, and legal
  480  holidays, after the date of service of process constitutes an
  481  absolute waiver of the tenant’s defenses other than payment, and
  482  the landlord is entitled to an immediate default judgment for
  483  removal of the tenant with a writ of possession to issue without
  484  further notice or hearing thereon. If In the event a motion to
  485  determine rent is filed, documentation in support of the
  486  allegation that the rent as alleged in the complaint is in error
  487  is required. Public housing tenants or tenants receiving rent
  488  subsidies are shall be required to deposit only that portion of
  489  the full rent for which they are the tenant is responsible
  490  pursuant to the federal, state, or local program in which they
  491  are participating.
  492         Section 13. Subsection (1) of section 83.62, Florida
  493  Statutes, is amended to read:
  494         83.62 Restoration of possession to landlord.—
  495         (1) In an action for possession, after entry of judgment in
  496  favor of the landlord, the clerk shall issue a writ to the
  497  sheriff describing the premises and commanding the sheriff to
  498  put the landlord in possession after 24 hours’ notice
  499  conspicuously posted on the premises. Saturdays, Sundays, and
  500  legal holidays do not stay the 24-hour notice period.
  501         Section 14. Section 83.63, Florida Statutes, is amended to
  502  read:
  503         83.63 Casualty damage.—If the premises are damaged or
  504  destroyed other than by the wrongful or negligent acts of the
  505  tenant so that the enjoyment of the premises is substantially
  506  impaired, the tenant may terminate the rental agreement and
  507  immediately vacate the premises. The tenant may vacate the part
  508  of the premises rendered unusable by the casualty, in which case
  509  the tenant’s liability for rent shall be reduced by the fair
  510  rental value of that part of the premises damaged or destroyed.
  511  If the rental agreement is terminated, the landlord shall comply
  512  with s. 83.49(3) [F.S. 1973].
  513         Section 15. Subsection (1) of section 83.64, Florida
  514  Statutes, is amended to read:
  515         83.64 Retaliatory conduct.—
  516         (1) It is unlawful for a landlord to discriminatorily
  517  increase a tenant’s rent or decrease services to a tenant, or to
  518  bring or threaten to bring an action for possession or other
  519  civil action, primarily because the landlord is retaliating
  520  against the tenant. In order for the tenant to raise the defense
  521  of retaliatory conduct, the tenant must have acted in good
  522  faith. Examples of conduct for which the landlord may not
  523  retaliate include, but are not limited to, situations where:
  524         (a) The tenant has complained to a governmental agency
  525  charged with responsibility for enforcement of a building,
  526  housing, or health code of a suspected violation applicable to
  527  the premises;
  528         (b) The tenant has organized, encouraged, or participated
  529  in a tenants’ organization;
  530         (c) The tenant has complained to the landlord pursuant to
  531  s. 83.56(1); or
  532         (d) The tenant is a servicemember who has terminated a
  533  rental agreement pursuant to s. 83.682;
  534         (e) The tenant has paid rent to a condominium, cooperative,
  535  or homeowners’ association after demand from the association in
  536  order to pay the landlord’s obligation to the association; or
  537         (f) The tenant has exercised his or her rights under local,
  538  state, or federal fair housing laws.
  539         Section 16. This act shall take effect July 1, 2013.