Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 83.67 | Lawyer Caselaw & Research
F.S. 83.67 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 83.67

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
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

F.S. 83.67 on Casetext

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 from cite.case.law:

STATE v. ESPINOZA,, 264 So. 3d 1055 (Fla. App. Ct. 2019)

. . . Espinoza earned a fee or profit of $ 83.67. . . .

DOUBLELINE CAPITAL LP, v. ODEBRECHT FINANCE, LTD. S. A. E o S. A. S. A., 323 F. Supp. 3d 393 (S.D.N.Y. 2018)

. . . Similarly, the 7.50% Notes increased in value from $80.50 on June 22, 2015 to $82.50 on June 23, 2015 and $83.67 . . .

GRANT, v. LLC, 65 So. 3d 1066 (Fla. Dist. Ct. App. 2010)

. . . the immediate possession of a residential apartment, contending that the appellees violated section 83.67 . . .

In REVISIONS TO SIMPLIFIED FORMS PURSUANT TO RULE A OF RULES REGULATING THE FLORIDA BAR, 50 So. 3d 503 (Fla. 2010)

. . . Landlord is prohibited from taking certain actions as described in Section 83.67, Florida Statutes, the . . . Landlord is prohibited from taking certain actions as described in Section 83.67, Florida Statutes, the . . .

NYUNT, v. Y. TOMLINSON,, 543 F. Supp. 2d 25 (D.D.C. 2008)

. . . Soe with a score of 83.67. Id. at 2. . . .

JACOBS, v. WESTGATE, 766 So. 2d 1175 (Fla. Dist. Ct. App. 2000)

. . . He initially sued for 1) wrongful eviction; 2) violation of section 83.67, Florida Statutes (1997); 3 . . .

CLEMENTE v. E. HORNE, 707 So. 2d 865 (Fla. Dist. Ct. App. 1998)

. . . , the appellants sought statutory damages for breach of their landlords’ duties pursuant to section 83.67 . . .

In RALPH LAUREN WOMENSWEAR, INC., 204 B.R. 363 (Bankr. S.D.N.Y. 1997)

. . . Randy Shapiro from Stroock’s office billed Kreisler $83.67 for a cab ride home from the office when she . . .

MANN, v. HILLSBOROUGH COUNTY SHERIFF S OFFICE,, 946 F. Supp. 962 (M.D. Fla. 1996)

. . . addition, Judge Honeywell entered an order against the Creasys, for violation of Florida Statute § 83.67 . . .

BADARACO, v. SUNCOAST TOWERS V ASSOCIATES,, 676 So. 2d 502 (Fla. Dist. Ct. App. 1996)

. . . According to the tenant, Section 83.67, Florida Statutes (1995), entitled him to damages in the amount . . . Section 83.67 prohibits a landlord from terminating or interrupting any utility service and specifically . . . Applying these principles, we conclude that the legislative history behind Section 83.67 supports the . . . (stating that section 83.67 would furnish "an economic incentive to the landlord to ... file an eviction . . . (stating that “ § 83.67, F.S., is created prohibiting landlords from engaging in coercive self-help practices . . .

JAMES, v. CITY OF ST. PETERSBURG, FLORIDA, L. St. D. St., 33 F.3d 1304 (11th Cir. 1994)

. . . three Florida statutes as the source of her entitlement to continued water service: Fla.Stat. ehs. 83.67 . . . Section 83.67(1) prohibits a landlord from directly or indirectly causing the termination or interruption . . .

JAMES, v. CITY OF ST. PETERSBURG, FLORIDA, L. St. D. St., 6 F.3d 1457 (11th Cir. 1993)

. . . . § 83.67 prohibits a landlord from interrupting a tenant’s water service, directly or indirectly. . . . Fla.Stat. § 83.67 (1991) provides in pertinent part: (1) No landlord of any dwelling unit governed by . . . the landlord’s inability to use utility cutoff as constructive eviction was codified in Fla.Stat. § 83.67 . . .

WILSON v. BYRD, 50 Fla. Supp. 2d 214 (Fla. Cir. Ct. 1991)

. . . Section 83.67(4), Fla. . . .

WHEELER v. BLUE LANTERN, INC., 50 Fla. Supp. 2d 158 (Lee Cty. Ct. 1991)

. . . Florida Statutes 509.013(4)(b)l; 509.013(8); 509.141(1); 509.039 and 83.41; 83.43(2)(b), (4), (10); 83.67 . . . This was done without compliance with Chapter 83, and Section 83.67(4) calls for treble damages for such . . . Court finds that the Defendant acted improperly in locking the Plaintiff out of the trailer (Section 83.67 . . . Multiplied by three (3), as set forth in 83.67(4), produces an amount of One Thousand Two Hundred Twenty-One . . .

TOWERS ASSOCIATES REAL ESTATE v. RICHARDSON, 39 Fla. Supp. 2d 79 (Fla. Cir. Ct. 1990)

. . . of the County Court, awarding the Appellee tenant, Sterlette Richardson, damages pursuant to Section 83.67 . . . Section 83.67 prohibits certain practices by the landlord, one of which is the removal of a tenant’s . . . Richardson’s belongings thereby violating Section 83.67. Since Ms. . . . Tower Associates alleges that Section 83.67 constitutes an unlawful taking of its property without due . . . Accordingly, we find that Section 83.67 is constitutional and that the judgment below should be affirmed . . .

RUSSO v. MANFREDO, 35 Fla. Supp. 2d 23 (Fla. Cir. Ct. 1989)

. . . . §§ 83.49-83.67 (1987). . . . Stat. §§ 83.40-83.67 (1987) governing residential tenancies. . . .

ROUTHIER v. MEILEY, 33 Fla. Supp. 2d 122 (Fla. Cir. Ct. 1988)

. . . Defendant is entitled to recover pursuant to Florida Statute under Section 83.67(4).” . . . The penalty provisions of Florida Statute 83.67(4) are mandatory and the trial judge is without discretion . . .

STATE OF OHIO, OHIO STUDENT LOAN COMMISSION, v. WILKINSON, In WINSTON, Jr., 24 B.R. 474 (Bankr. S.D. Ohio 1982)

. . . In addition, Plaintiff contends that Debtors’ payment of $75.00 out of $83.67 “disposable monthly income . . .

J. B. TAYLOR v. E. P. PERINI,, 477 F. Supp. 1289 (N.D. Ohio 1979)

. . . 15.00 48.75 23.53 76.47 19.02 3 Dormitory 29.50 33.75 46.64 53.36 4.09 3C Dormitory 10.25 52.50 16.33 83.67 . . .

UNITED STATES v. J. HOWARD, a k a J. F., 254 F. Supp. 499 (D. Or. 1966)

. . . to its claim under the conveyance from the county, claims a sewer improvement assessment lien for $83.67 . . .

JOHN E. SMITH S SONS COMPANY, v. LATTIMER FOUNDRY MACHINE COMPANY,, 19 F.R.D. 379 (M.D. Pa. 1956)

. . . 1948 — 139.47 June 7, 1948 — 93.06 June 21, 1948 — 152.46 August 10, 1948 — 299.27 September 7, 1948 — 83.67 . . .

THE BAIRD MACHINE CO., 2 B.T.A. 1089 (B.T.A. 1925)

. . . It owned outright 83.67 per cent of the voting stock of the Foundry Company and 63.4 per cent of the . . . secretary of the Machine Company, in the following amounts: The Baird Machine Co-:- 502 shares, or 83.67 . . .