Florida Statute 83.64 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.64

83.64 Retaliatory conduct.—

(1) It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where:

(a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises;

(b) The tenant has organized, encouraged, or participated in a tenant organization;

(d) The tenant is a servicemember who has terminated a rental agreement pursuant to s. 83.682;

(e) The tenant has paid rent to a condominium, cooperative, or homeowners’ association after demand from the association in order to pay the landlord’s obligation to the association; or

(f) The tenant has exercised his or her rights under local, state, or federal fair housing laws.

(2) Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession.

(3) In any event, this section does not apply if the landlord proves that the eviction is for good cause. Examples of good cause include, but are not limited to, good faith actions for nonpayment of rent, violation of the rental agreement or of reasonable rules, or violation of the terms of this chapter.

(4) “Discrimination” under this section means that a tenant is being treated differently as to the rent charged, the services rendered, or the action being taken by the landlord, which shall be a prerequisite to a finding of retaliatory conduct.

History.—s. 8, ch. 83-151; s. 450, ch. 95-147; s. 3, ch. 2003-72; s. 15, ch. 2013-136.

F.S. 83.64 on Google Scholar

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Amendments to 83.64

Arrestable Offenses / Crimes under Fla. Stat. 83.64

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.64.

Annotations, Discussions, Cases:

Cases Citing Statute 83.64

Total Results: 20

Atwood Owner LLC v. Lumzy

Court: District Court of Appeal of Florida | Date Filed: 2024-04-17

Snippet: separately to discuss the application of section 83.64, Florida Statutes, to a holdover tenant’s claim

Ian H. Kaufman v. High Seas, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-03-27

Snippet: defense of retaliatory conduct in accordance with 83.64.” § 83.60(1)(a), Fla. Stat. (2022). However:

PEOPLE'S TRUST INSURANCE COMPANY v. MIGUEL TOSAR AND MARIA TOSAR

Court: District Court of Appeal of Florida | Date Filed: 2021-12-15

Snippet: structures, at replacement cost value, was $7,083.64. The report further explained that once the $6

Champion v. McDaniel

Court: District Court of Appeal of Florida | Date Filed: 1999-03-26

Citation: 740 So. 2d 17, 1999 Fla. App. LEXIS 3841, 1999 WL 162947

Snippet: be responsible for its debt in the amount of $24,083.64; (6) appellee was to retain the 1974 Corvette if

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-08-12

Snippet: resolving these questions. Cf., Op. Att'y Gen. Fla. 83-64 (1983). [2] See, s. 2, Ch. 94-480, Laws of Florida

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-03-19

Snippet: 80-94 and 71-28. 10 See, e.g., AGO's 90-39, 89-85, 83-64 and authorities cited therein. 11 See, e.g., AGO's

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-07-22

Snippet: v. Olson, 367 So.2d 207 (Fla. 1978) 4 See, AGO 83-64 (special assessments are levied under the taxing

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-11-22

Snippet: A. Butterworth Attorney General (ls) 1 See, AGO 83-64 and authorities cited therein. And see, s. 9(a)

Salmonte v. Eilertson

Court: District Court of Appeal of Florida | Date Filed: 1988-06-01

Citation: 526 So. 2d 179, 1988 WL 55716

Snippet: defense, however, could not be raised because Section 83.64(3), Florida Statutes, provides that the defense

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-12-16

Snippet: Caldwell, 35 So.2d 642 (Fla. 1948); see also, AGO'S 83-64, 82-103, 82-9, 80-87. Thus a municipality possesses

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-11-02

Snippet: City of Tallahassee, 177 So. 719 (Fla. 1937); AGO 83-64, Question 13. Compare, Smith v. Board of Commissioners

Fine v. Firestone

Court: Supreme Court of Florida | Date Filed: 1984-03-27

Citation: 448 So. 2d 984

Snippet: L.Rev. 173 (1979). [1] 1983 Op.Att'y Gen.Fla. 083-64 (Sept. 27, 1983). [2] The less than immediate

In Re Estate of Baer

Court: District Court of Appeal of Florida | Date Filed: 1984-02-29

Citation: 446 So. 2d 1128

Snippet: In re the ESTATE OF Myer G. BAER, Deceased. Nos. 83-64, 83-180. District Court of Appeal of Florida, Fourth

South Florida Beverage Corp. v. Figueredo

Court: District Court of Appeal of Florida | Date Filed: 1981-12-22

Citation: 409 So. 2d 490, 25 Wage & Hour Cas. (BNA) 600, 1981 Fla. App. LEXIS 22020

Snippet: is entitled to be paid $80; for the second week $83.64 ($80 plus 4 hours at 91 cents, or 40 hours at $1

Chicken'N'Things v. Murray

Court: Supreme Court of Florida | Date Filed: 1976-03-17

Citation: 329 So. 2d 302, 1976 WL 352215

Snippet: Comm'rs v. Florida East Coast Ry. Co., 67 Fla. 83, 64 So. 443, 448 (1914); Note, Judicial Review of Administrative

State v. Georgia Southern & Florida Railway Co.

Court: Supreme Court of Florida | Date Filed: 1939-07-07

Citation: 190 So. 527, 139 Fla. 115, 123 A.L.R. 914, 1939 Fla. LEXIS 1632

Snippet: ex rel. R. Com'rs. v. F. E. C. R. Co., 67 Fla. 83, 64 So. 443; State ex rel. R. Com'rs. v. F. E. C. R

Central Truck Lines, Inc. v. Railroad Commission

Court: Supreme Court of Florida | Date Filed: 1933-04-13

Citation: 147 So. 590, 109 Fla. 395

Snippet: Railroad Com'rs. v. Florida East Coast R. Co., 67 Fla. 83, 64 Sou. Rep. 443; State ex rel. Railroad Com'rs. v

Florida Motor Lines, Inc. v. Railroad Commission

Court: Supreme Court of Florida | Date Filed: 1931-03-03

Citation: 132 So. 851, 101 Fla. 1018

Snippet: Ed. 337; State ex rel. v. F. E. C. Ry., 67 Fla. 83, 64 So. 443; State v. L. N. Ry.,62 Fla. 315, 57 So

State Ex Rel. Postal Telegraph Co. v. Wells

Court: Supreme Court of Florida | Date Filed: 1928-11-27

Citation: 118 So. 731, 96 Fla. 591, 60 A.L.R. 1072, 1928 Fla. LEXIS 909

Snippet: 353; Railroad Com'rs v. F. E. C. Ry., 67 Fla. 83, 64 So. R. 443; L. N. R. R. Co. v. Railroad Com'rs

State ex rel. Burr v. Seaboard Air Line Railway Co.

Court: Supreme Court of Florida | Date Filed: 1925-05-25

Citation: 89 Fla. 419

Snippet: Railroad Com’rs. v. Florida East Coast R. Co., 67 Fla. 83, 64 South. Rep. 443; State ex rel. Railroad Com’rs