The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.42

83.42 Exclusions from application of part.—This part does not apply to:

(1) Residency or detention in a facility, whether public or private, when residence or detention is incidental to the provision of medical, geriatric, educational, counseling, religious, or similar services. For residents of a facility licensed under part II of chapter 400, the provisions of s. 400.0255 are the exclusive procedures for all transfers and discharges.

(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part in which the buyer has paid at least 12 months’ rent or in which the buyer has paid at least 1 month’s rent and a deposit of at least 5 percent of the purchase price of the property.

(3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy in a mobile home park.

(4) Occupancy by a holder of a proprietary lease in a cooperative apartment.

(5) Occupancy by an owner of a condominium unit.

History.—s. 2, ch. 73-330; s. 40, ch. 2012-160; s. 1, ch. 2013-136.

F.S. 83.42 on Google Scholar

F.S. 83.42 on Casetext

Amendments to 83.42

Arrestable Offenses / Crimes under Fla. Stat. 83.42

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.42.

Annotations, Discussions, Cases:

Cases from cite.case.law:

AGUA CALIENTE TRIBE OF CUPE O INDIANS OF PALA RESERVATION, v. SWEENEY, 932 F.3d 1207 (9th Cir. 2019)

. . . . §§ 83.40, 83.42. . . .

MINALLA, v. EQUINAMICS CORPORATION,, 954 So. 2d 645 (Fla. Dist. Ct. App. 2007)

. . . the occupancy is under a contract for sale of a dwelling unit or the property of which it is a part. 83.42 . . .

A. GRIMM E. v. HUCKABEE, R. Jr. G., 891 So. 2d 608 (Fla. Dist. Ct. App. 2005)

. . . In the circumstances the Grimms allege, I agree that section 83.42(2), Florida Statutes (2003), renders . . . Appellants argue that, because they were occupying the dwelling under a contract for sale, under section 83.42 . . . occupancy is under a contract for sale of a dwelling unit or the property of which it is a part. § 83.42 . . . Section 83.42(2), Florida Statutes (2003), provides that "This part does not apply to: ... . . .

J. FREY v. E. LIVECCHI,, 852 So. 2d 896 (Fla. Dist. Ct. App. 2003)

. . . . § 83.42(2), Fla. Stat. (1999). . . .

WESCH, v. HUNT,, 785 F. Supp. 1491 (S.D. Ala. 1992)

. . . 40,004 100.00% 92.44% 6.97% 1,647 1.063 651 029% 0.19% 0.11% District 5 603,726 503,616 88,353 100.00% 83.42% . . . 100.00% 89,122 89.08% 10,081 10.08% 310 031% 370 0.37% 160 0.16% Total District 5 577,227 100.00% 481,509 83.42% . . .

SOLOMON, d b a v. GENTRY, 388 So. 2d 52 (Fla. Dist. Ct. App. 1980)

. . . mobile home, thereby precluding application of the Florida Residential Landlord and Tenant Act, Section 83.42 . . .

UNITED STATES, v. HARKER D. BRUMFIELD, U. S., 4 C.M.A. 404 (C.M.A. 1954)

. . . charged the larceny of several items of property belonging to the United States of a total value of $83.42 . . .

KEREW v. EMERSON RADIO PHONOGRAPH CORPORATION, 76 F. Supp. 197 (S.D.N.Y. 1947)

. . . rate of 83 cents an hour (the full time rate would be twice that amount) entitles the plaintiff to $83.42 . . . an additional half time which at that rate would be 83 cents an hour for 100% hours, amounting to $83.42 . . .

NYSSA- ARCADIA DRAINAGE DIST. v. FIRST NAT. BANK OF VALE, 3 F.2d 648 (D. Or. 1925)

. . . collection and credit”; and that the item of $141.28 consisted of three certificates, for $24.37, $83.42 . . .