Florida Legislature to consider two new bills regarding COVID-related evictions
Two new bills that address the growing crisis of COVID-related evictions have been filed by Democratic legislators to address renters impacted by the COVID pandemic. The bills will be considered in Florida’s upcoming legislative session, which opens March 2.
The first one, Senate Bill 412, asks for independent mediation between landlords and tenants before eviction papers are processed by the court.
The second one, Senate Bill 926, would seal the records of anyone evicted from their home due to COVID-related issues such as the loss of a job or reduced income.
Both Senate bills were introduced by Sen. Darryl Rouson, D-St. Petersburg.
Although there is a current moratorium on evictions, courts are still processing the filings.
“This issue about evictions existed before COVID but it has been exacerbated by COVID,” said Tim Dutton, executive director of the community group Unite Pinellas, during an online press conference Monday morning. “In Pinellas County alone, 11 families are evicted every day [in court]. Statewide, the number is 140 daily evictions [filed in court].”
“Nationally, 16 million families are at risk of eviction,” he said. “Florida’s share of that is about one million people.”
The sponsoring lawmakers hope that the proposals will be accepted and approved by the Republican-controlled Legislature, and signed by Gov. Ron DeSantis as the state faces an unprecedented housing crisis that could upend the lives of thousands.
Although the Centers for Disease Control and Prevention has extended its nationwide eviction moratorium to March 31, landlords are still filing evictions and obtaining Writs of Possession, the final court order that allows them to physically remove tenants from the property. The two-month legislative session ends April 30.
In Miami-Dade alone, a total of 8,067 evictions (for residential and commercial properties) were filed from March 13, 2020, to Jan. 15, 2021, according to the Clerk of the Courts. An additional 5,146 residential-only evictions were filed from Sept. 1 to Jan. 15. A total of 2,259 Writs of Possession have been granted.
A level playing field
SB 142 seeks to address the disparity between evicted tenants and landlords. While only 10% of tenants usually have legal representation, about 80-90% of landlords hire a lawyer, according to Dutton.
“This is not a partisan bill,” said Sen. Rouson. “This protects everyone. Why not have mediation to discuss options between landlords and tenants? Why not forgive them for paying into the registry of the court money they don’t have?”
When a tenant being evicted contests the charges, they are required to deposit all monies owed into a court registry before a judge will hear the case. But many afflicted tenants owe thousands of dollars in unpaid rent — money they don’t have.
Rep. Fentrice Driskell, D-Tampa, sponsor of the House version of the bill, said a mediation process could result in a payment program, instead of a monetary judgment landlords could not collect from their cash-strapped tenants.
“We can also educate tenants on resources available to them from the federal government,” she said. “We’re trying to level the playing field and make sure we can slow [evictions] down a bit so we can hear the facts as they come to rise in mediation.”
Expunging eviction records, a process that is already in place in states such as Minnesota, would make it easier for evicted tenants to find a new place to live.
“Once you have an eviction on your record, it is exceedingly difficult to find another landlord who will rent to you,” said Rep. Dianne Hart, D-Tampa. “This bill will seal your record and give you an opportunity find a new home.”
The proposal would not seal data such as credit reports and criminal records, so landlords could still run a traditional background check on applicants.
This story was originally published February 1, 2021 at 1:12 PM.
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