Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 564
       Proposed Committee Substitute by the Committee on Criminal
    1                        A bill to be entitled                      
    2         An act relating to landlords and tenants; amending s.
    3         83.51, F.S.; providing a civil penalty for the failure
    4         of a landlord to remedy certain violations relating to
    5         maintenance of the premises, after notice; providing
    6         an effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Subsections (1) through (4) of section 83.51,
   11  Florida Statutes, are republished, and subsection (5) is added
   12  to that section, to read:
   13         83.51 Landlord’s obligation to maintain premises.—
   14         (1) The landlord at all times during the tenancy shall:
   15         (a) Comply with the requirements of applicable building,
   16  housing, and health codes; or
   17         (b) Where there are no applicable building, housing, or
   18  health codes, maintain the roofs, windows, doors, floors, steps,
   19  porches, exterior walls, foundations, and all other structural
   20  components in good repair and capable of resisting normal forces
   21  and loads and the plumbing in reasonable working condition. The
   22  landlord, at commencement of the tenancy, must ensure that
   23  screens are installed in a reasonable condition. Thereafter, the
   24  landlord must repair damage to screens once annually, when
   25  necessary, until termination of the rental agreement.
   27  The landlord is not required to maintain a mobile home or other
   28  structure owned by the tenant. The landlord’s obligations under
   29  this subsection may be altered or modified in writing with
   30  respect to a single-family home or duplex.
   31         (2)(a) Unless otherwise agreed in writing, in addition to
   32  the requirements of subsection (1), the landlord of a dwelling
   33  unit other than a single-family home or duplex shall, at all
   34  times during the tenancy, make reasonable provisions for:
   35         1. The extermination of rats, mice, roaches, ants, wood
   36  destroying organisms, and bedbugs. When vacation of the premises
   37  is required for such extermination, the landlord is not liable
   38  for damages but shall abate the rent. The tenant must
   39  temporarily vacate the premises for a period of time not to
   40  exceed 4 days, on 7 days’ written notice, if necessary, for
   41  extermination pursuant to this subparagraph.
   42         2. Locks and keys.
   43         3. The clean and safe condition of common areas.
   44         4. Garbage removal and outside receptacles therefor.
   45         5. Functioning facilities for heat during winter, running
   46  water, and hot water.
   47         (b) Unless otherwise agreed in writing, at the commencement
   48  of the tenancy of a single-family home or duplex, the landlord
   49  shall install working smoke detection devices. As used in this
   50  paragraph, the term “smoke detection device” means an electrical
   51  or battery-operated device which detects visible or invisible
   52  particles of combustion and which is listed by Underwriters
   53  Laboratories, Inc., Factory Mutual Laboratories, Inc., or any
   54  other nationally recognized testing laboratory using nationally
   55  accepted testing standards.
   56         (c) Nothing in this part authorizes the tenant to raise a
   57  noncompliance by the landlord with this subsection as a defense
   58  to an action for possession under s. 83.59.
   59         (d) This subsection shall not apply to a mobile home owned
   60  by a tenant.
   61         (e) Nothing contained in this subsection prohibits the
   62  landlord from providing in the rental agreement that the tenant
   63  is obligated to pay costs or charges for garbage removal, water,
   64  fuel, or utilities.
   65         (3) If the duty imposed by subsection (1) is the same or
   66  greater than any duty imposed by subsection (2), the landlord’s
   67  duty is determined by subsection (1).
   68         (4) The landlord is not responsible to the tenant under
   69  this section for conditions created or caused by the negligent
   70  or wrongful act or omission of the tenant, a member of the
   71  tenant’s family, or other person on the premises with the
   72  tenant’s consent.
   73         (5) A landlord who violates any provision of this section
   74  and fails to remedy the violation within 15 days after written
   75  notice from the tenant is liable to the tenant for actual and
   76  consequential damages or 1 month’s rent, whichever is greater,
   77  and costs, including attorney fees. Subsequent or repeated
   78  violations that are not contemporaneous with the initial
   79  violation are subject to separate awards of damages.
   80         Section 2. This act shall take effect October 1, 2017.