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. 83.64

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

F.S. 83.64 on Casetext

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 from cite.case.law:

COVINGTON, v. NORTH CAROLINA,, 316 F.R.D. 117 (M.D.N.C. 2016)

. . . On average, 90.25% of the total BVAP in the House VRA exemplar districts and 83.64% of the total BVAP . . .

WILLIAMS, v. JONES,, 214 F. App'x 521 (6th Cir. 2007)

. . . Diaz, who followed Officer Norrod into the house, retrieved the bag, which was later found to contain 83.64 . . . he entered the house, he saw Petitioner throw a bag across the room that was later found to contain 83.64 . . .

WILLIAMS, v. JONES,, 391 F. Supp. 2d 603 (E.D. Mich. 2005)

. . . The parties stipulated that the bag seized by Officer Diaz in the living room contained 83.64 grams of . . .

DEVITO, v. PENSION PLAN OF LOCAL I. B. T. PENSION FUND I. B. T., 975 F. Supp. 258 (S.D.N.Y. 1997)

. . . Substituting the appropriate numbers in the formula for year nine ($185.86 x (9/20) = $83.64), Plaintiff . . .

DE GRANDY, B. Jr. E. M. v. T. K. WETHERELL, R. FLORIDA STATE CONFERENCE OF NAACP BRANCHES, T. H. Sr. W. A. Al Sr. v. CHILES, T. K. R. UNITED STATES v. STATE OF FLORIDA, a T. K. R., 815 F. Supp. 1550 (N.D. Fla. 1992)

. . . of the VAP: (1) District 102 — 65.68 percent; (2) District 107 — 63.85 percent; (3) District 110 is 83.64 . . .

BACKUS v TOVAR, 32 Fla. Supp. 2d 116 (Fla. Cir. Ct. 1988)

. . . or equitable, that he may have, including the defense of retailiatory conduct in accordance with § 83.64 . . .

J. SALMONTE, v. A. EILERTSON C., 526 So. 2d 179 (Fla. Dist. Ct. App. 1988)

. . . That defense, however, could not be raised because Section 83.64(3), Florida Statutes, provides that . . .

MASON v. WILLIAMS, 28 Fla. Supp. 2d 9 (Polk Cty. Ct. 1987)

. . . The court specifically calls the attention of defendant to 83.64, Florida Statutes, which section reads . . .

SMITH v. ROOY,, 11 Fla. Supp. 2d 53 (Orange Cty. Ct. 1985)

. . . Stat. 83.64 (1983). . . . Stat. 83.64 hereinafter discussed. . . . Stat. 83.64. . . . Stat. 83.64(3). Subsections (a), (b), and (c) of Fla. . . . Stat. 83.64 would be rendered meaningless. . . .

INVESTMENT INCOME REALTY, INC. v. BARKLEY, 9 Fla. Supp. 2d 51 (Fla. Cty. Ct. 1985)

. . . Florida Statute 83.64. A. . . .

JOHN C. BILLS v. LEGRI S. RESISTOR CORPORATION, 9 Fla. Supp. 2d 158 (Fla. Cty. Ct. 1985)

. . . Moreover, in 1983, the Legislature adopted Section 83.64, Florida Statutes, which specifically characterizes . . .

SHADOW HILLS ASSOCIATES v. MASON, 7 Fla. Supp. 2d 120 (Orange Cty. Ct. 1984)

. . . Section 83.64, Florida Statutes (1983) explicitly forbids retaliatory evictions from residential tenancies . . . The language contained in Section 83.64, Florida Statutes is substantially similar to the language contained . . . merely recognizing a defense which the Florida legislature has already explicitly recognized in Section 83.64 . . .

GREAT ATLANTIC v. HUGHES, 5 Fla. Supp. 2d 46 (Orange Cty. Ct. 1983)

. . . RETALIATORY EVICTION This case makes the first time that this Court has been asked to apply Florida Statutes 83.64 . . .

SOUTH FLORIDA BEVERAGE CORPORATION, v. FIGUEREDO,, 409 So. 2d 490 (Fla. Dist. Ct. App. 1981)

. . . For the first week the employee is entitled to be paid $80; for the second week $83.64 ($80 plus 4 hours . . .

B. FEENEY v. COMMONWEALTH OF MASSACHUSETTS, 451 F. Supp. 143 (D. Mass. 1978)

. . . position, Assistant Secretary, Board of Dental Examiners, the top three scores were 89.72, 78.08, and 83.64 . . .

E. MILLS v. ELECTRIC AUTO- LITE COMPANY, 552 F.2d 1239 (7th Cir. 1977)

. . . , the combined value of one share of Mergenthaler and one share of Auto-Lite was $25.25 + $58.39 = $83.64 . . . . (5) 2.77 percent of $83.64 is $2.317. . . .

UNITED STATES v. HUMPHREY,, 549 F.2d 650 (9th Cir. 1977)

. . . Approximately 83.64 grams of 5% heroin could be derived from the quantity seized, which in turn could . . .

ROBINSON v. ROUNDTREE, 43 Fla. Supp. 141 (Palm Beach Cty. Ct. 1976)

. . . the Florida Residential Landlord and Tenant Act, Florida Statute 83.40 et seq., prior to enactment — 83.64 . . . amendments were adopted: Amendment 5 — On pages 13.15, lines 31, 32 on 13; 1-32 on 14; 1 on 15 strike all of 83.64 . . .