Legal Guidelines Landlord Tennant thru Traffic Enforcement on Private Property

Florida's Residential Landlord and Tenant Laws

• Landlord and tenant laws are civil in nature, unless a dispute escalates into a criminal matter.
• A tenant's rights to privacy in their dwelling are determined by statute (F.S.§83.53).
• The landlord has the right to enter the dwelling unit:
  • With the tenant's consent
  • In case of an emergency
  • When the tenant unreasonably withholds consent
  • If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments
• A landlord may not abuse their right of access or use it to harass the tenant.
• A tenant has a right to enter the premises until legally evicted, and a landlord may not prevent entry by changing the locks (F.S.§83.67(2)).

Distinctions between Tenants and Gratuitous Guests

• A tenant occupies and uses the premises pursuant to an agreement (oral or written) and provides something in return for the right to remain.
• A gratuitous guest occupies and uses the premises without any sort of agreement and without providing anything in return for the right to remain.
• A gratuitous guest may be removed for any reason by the owner or possessor of the property.
• A tenant who occupies the property pursuant to an agreement may only be removed pursuant to civil action, even if they have failed to live up to the terms of the agreement.

Repossession

• A secured party has the right, upon default, to take possession of collateral (often a vehicle) without judicial process, as long as this can be done without breach of the peace (F.S.§679.609).
• A recovery agent must have a Class E or Class EE license issued by the Department of Agriculture and Consumer Services (F.S.§493.6118(x)).
• Vehicles used for repossession must be identified during repossession by the license number of the Class "R" agency only, with local ordinances notwithstanding (F.S.§493.6404(3)).
• A recovery agent may not enter the debtor's home or enclosed and secured garage without permission, nor open a locked gate or move aside a barrier.

Motor Vehicle Repairs

• A vehicle owner who refuses to pay the repair bill may take possession of their vehicle by posting a bond with the clerk of the court (F.S.§559.917).
• Once the bond is posted, the clerk will issue a certificate directing the repair shop to release the vehicle.
• The refusal of a repair shop to release the vehicle after the certificate is issued is a second-degree misdemeanor (F.S.§559.917(3)).

Removal or Towing of Vehicles Illegally Parked on Private Property

• The owner or lessee of real property or any authorized person may cause any vehicle parked on their property without permission to be removed from said property without liability for the costs of removal, transportation, or storage or damages caused by such removal (F.S.§715.07).
• The property must be posted with notice for this section to apply.
• If a person seeks the return of the vehicle while it is being towed or removed, it must be returned if they pay a reasonable service fee (not more than half the posted rate for towing or removal service) after being given a reasonable opportunity to do so.

Child Custody Disputes

• A married mother and father are jointly natural guardians of their own minor children and their adopted minor children (F.S.§744.301).
• If the marriage is dissolved, natural guardianship belongs to the parent to whom custody is awarded.
• If joint custody is given, both parents shall continue as natural guardians.
• The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child, unless a court order states otherwise.

Foreign Nationals

• When a foreign national is arrested or detained, they must be informed without delay of the right to have the consular officials of their home country notified and the right to communicate with those consular officials.
• This notice should be given in addition to, not instead of, the Miranda warnings.
• Brief, routine detentions, such as for a traffic violation or accident investigation, do not trigger this requirement.

Missing Children

• A police report that a child is missing may be filed with the Law enforcement agency having jurisdiction in the county or municipality in which the child was last seen prior to the filing of the report.
• Upon the filing of a police report, the Law enforcement agency receiving the report must immediately inform all on-duty officers of the existence of the report, communicate the report to every other Law enforcement agency having jurisdiction in the county, and transmit the report for inclusion within the Florida Crime Information Center computer (F.S.§937.021).
• If the missing child is under 18, there is a clear indication of abduction, the law enforcement agency's investigation concludes that the child's life is in danger, and there is a detailed description of the child and/or the abductor and/or his or her vehicle, the law enforcement agency may recommend activation of an "AMBER alert."

Sexual Harassment

• Sexual harassment is a form of discrimination (F.S.§110.1221) and is not tolerated in the workplace.
• It includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
• Submission to such conduct can be a term or condition of employment, affect employment decisions, or create an intimidating, hostile, or offensive working environment.
• Employers are liable for sexual harassment by supervisors, but can assert an affirmative defense if they exercised reasonable care to prevent and correct harassment, and the employee unreasonably failed to take advantage of preventive or corrective opportunities.
• Agencies must make sexual harassment policies known to employees and provide a copy of the policy and procedures for investigating and resolving complaints.
• Each employee must acknowledge understanding and acceptance of the policy, and documented evidence of the acknowledgement shall be retained in the employee's personnel file.

Investigation and Resolution of Complaints

• Agencies must develop and implement procedures to investigate and resolve complaints of sexual harassment.
• Complaints must be in writing, signed by the complainant, and contain specific information, including the name of the alleged harasser and victim, and a clear and concise statement of the facts.
• Agencies must initiate prompt review of complaints and take steps to protect the privacy of those involved.
• Agencies must comply with investigatory procedures and rights contained in collective bargaining agreements.
• The filing of a complaint does not preclude the complainant from also filing a complaint with the Florida Commission on Human Relations (FCHR) or the Federal Equal Employment Opportunity Commission (EEOC).

Enforcement of Traffic Laws on Private Property

• Officers may enforce traffic laws on private property only when the public has a right to travel by motor vehicle on such property (AGO 88-05, F.S.§316.640).
• This includes areas such as shopping centers and parking lots, but not private roads or streets within a special taxing district where the public does not have the right to travel.
• A municipality may exercise jurisdiction over private roads or roads owned or controlled by a special district if the municipality and party owning or controlling the road provide a written agreement.
• A homeowners' association may elect to have state traffic laws enforced by local law enforcement agencies on private roads controlled by the association (F.S.§316.006(2) (b)).