Florida Statute 83.67 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.67

83.67 Prohibited practices.—

(1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord.

(2) A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device.

(3) A landlord of any dwelling unit governed by this part shall not discriminate against a servicemember in offering a dwelling unit for rent or in any of the terms of the rental agreement.

(4) A landlord shall not prohibit a tenant from displaying one portable, removable, cloth or plastic United States flag, not larger than 4 and 1/2 feet by 6 feet, in a respectful manner in or on the dwelling unit regardless of any provision in the rental agreement dealing with flags or decorations. The United States flag shall be displayed in accordance with s. 83.52(6). The landlord is not liable for damages caused by a United States flag displayed by a tenant. Any United States flag may not infringe upon the space rented by any other tenant.

(5) A landlord of any dwelling unit governed by this part shall not remove the outside doors, locks, roof, walls, or windows of the unit except for purposes of maintenance, repair, or replacement; and the landlord shall not remove the tenant’s personal property from the dwelling unit unless such action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with s. 83.59(3)(d), or a lawful eviction. If provided in the rental agreement or a written agreement separate from the rental agreement, upon surrender or abandonment by the tenant, the landlord is not required to comply with s. 715.104 and is not liable or responsible for storage or disposition of the tenant’s personal property; if provided in the rental agreement, there must be printed or clearly stamped on such rental agreement a legend in substantially the following form:

BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.

For the purposes of this section, abandonment shall be as set forth in s. 83.59(3)(c).

(6) A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages.

(7) A violation of this section constitutes irreparable harm for the purposes of injunctive relief.

(8) The remedies provided by this section are not exclusive and do not preclude the tenant from pursuing any other remedy at law or equity that the tenant may have. The remedies provided by this section shall also apply to a servicemember who is a prospective tenant who has been discriminated against under subsection (3).

History.—s. 3, ch. 87-369; s. 7, ch. 88-379; s. 3, ch. 90-133; s. 3, ch. 96-146; s. 2, ch. 2001-179; s. 2, ch. 2003-30; s. 4, ch. 2003-72; s. 1, ch. 2004-236; s. 2, ch. 2007-136.

F.S. 83.67 on Google Scholar

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Amendments to 83.67

Arrestable Offenses / Crimes under Fla. Stat. 83.67

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.67.

Annotations, Discussions, Cases:

Cases Citing Statute 83.67

Total Results: 19

Samantha Elaine Tsuji v. H. Bart Fleet, etc.

Court: Supreme Court of Florida | Date Filed: 2023-06-29

Snippet: or are not, liable “for damages.” See, e.g., § 83.67(4), Fla. Stat. (2022) (“The landlord is not liable

CHRISTINA MARIE POWERS v. ROY GEORGE WHITCRAFT, III

Court: District Court of Appeal of Florida | Date Filed: 2021-07-21

Snippet: landlord for violating section 83.67(1), Florida Statutes (2018). Section 83.67(1) permits tenants to recover

1560-1568 DREXEL AVE LLC v. JOHANN C. DALTON, etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-06-16

Snippet: requires Landlord to restore power to the unit. See § 83.67, Fla. Stat. (2020). 2 Without further elaboration

Peoples Gas System, etc. v. Posen Construction, Inc., etc.

Court: Supreme Court of Florida | Date Filed: 2021-06-10

Snippet: plaintiff claimed that the defendants violated section 83.67, Florida Statutes (1997), and “the defendants had

GINA NUGENT v. ANNE- LAURE MICHELIS

Court: District Court of Appeal of Florida | Date Filed: 2021-03-10

Snippet: specifically alleging the claims were barred by section 83.67(6), Florida Statutes (addressing violations of Florida’s

State v. Espinoza

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1055

Snippet: $ 416.12. Espinoza earned a fee or profit of $ 83.67. During the course of the first transaction, Detective

State v. Espinoza

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1055

Snippet: $ 416.12. Espinoza earned a fee or profit of $ 83.67. During the course of the first transaction, Detective

Grant v. GHG014, LLC

Court: District Court of Appeal of Florida | Date Filed: 2010-10-20

Citation: 65 So. 3d 1066, 2010 Fla. App. LEXIS 15817, 2010 WL 4103356

Snippet: contending that the appellees violated section 83.67(2), Florida Statutes, by changing the locks of the

In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar

Court: Supreme Court of Florida | Date Filed: 2010-04-15

Citation: 50 So. 3d 503, 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111

Snippet: taking certain actions as described in Section 83.67, Florida Statutes, the provisions of which can be

Ago

Court: Florida Attorney General Reports | Date Filed: 2001-06-28

Snippet: regulate the field). 11 Cf., Op. Att'y Gen. Fla. 83-67 (1983), in which this office concluded that a noncharter

Jacobs v. Westgate

Court: District Court of Appeal of Florida | Date Filed: 2000-09-13

Citation: 766 So. 2d 1175, 2000 WL 1283505

Snippet: for 1) wrongful eviction; 2) violation of section 83.67, Florida Statutes (1997); 3) conversion; and 4)

Reinish v. Clark

Court: District Court of Appeal of Florida | Date Filed: 2000-07-20

Citation: 765 So. 2d 197, 2000 WL 991017

Snippet: Thomas Colliery Co., 260 U.S. 245, 254-55, 43 S.Ct. 83, 67 L.Ed. 237 (1922); Bell's Gap R. Co. v. Pennsylvania

Clemente v. Horne

Court: District Court of Appeal of Florida | Date Filed: 1998-03-04

Citation: 707 So. 2d 865, 1998 WL 88383

Snippet: of their landlords' duties pursuant to section 83.67, Florida Statutes (1995). In count two, appellants

Badaraco v. Suncoast Towers V Associates

Court: District Court of Appeal of Florida | Date Filed: 1996-07-03

Citation: 676 So. 2d 502, 1996 Fla. App. LEXIS 6880, 1996 WL 365714

Snippet: *503condominium. According to the tenant, Section 83.67, Florida Statutes (1995), entitled him to damages

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-10-28

Snippet: state law on the subject. See, e.g., AGO's 84-42, 83-67 and 81-48; and see, Board of County Commissioners

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-09-13

Snippet: 1(f), Art. VIII, State Const. See, e.g., AGO's 83-67, 83-68, 75-252 and 73-197, all addressing various

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-01-08

Snippet: So.2d 1092 (Fla. 1981). See also, AGO's 84-42, 83-67 and 81-48. The provisions of Ch. 84-160, Laws of

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-04-20

Snippet: to noncharter county ordinances. See also, AGO's 83-67, 81-48; and compare, Board of County Commissioners

Flagship National Bank of Miami v. Gray Distribution Systems, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1983-06-01

Citation: 432 So. 2d 660, 1983 Fla. App. LEXIS 19977

Snippet: PER CURIAM. By this interlocutory appeal, we are asked to review the propriety of a trial court order which continues a prior injunc-tive order of the court. We have jurisdiction to entertain this appeal. Art. V, § 4(b)(3), Fla. Const.; Fla.R.App.P. 9.130(a)(3)(B). The injunctive order which is continued herein restrains the plaintiff/appellant Flagship National Bank of Miami from prosecuting a certain in personam action on a judgment presently pending before the United States District Court for