Florida Legislature to consider two new bills regarding COVID-related evictions
new bills that address the growing crisis of COVID-related evictions have been filed by Democratic legislators to address renters impacted by the COVID-19 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 landVID, lords and tenants before eviction papers are processed by courts.
The second one, Senate Bill 926, would seal the records of anyone evicted 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 moratorium on evictions, courts are still processing the filings.
“This issue about evictions existed before COTwo but it has been exacerbated by COVID,” said Tim Dutton, executive director of the community group Unite Pinellas, during an online news conference Monday. “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 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 remove tenants.
In Miami-Dade, 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 evictions were filed from Sept. 1 to Jan. 15. A total of 2,259 writs of possession have been granted.
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 that 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 that landlords could not collect from their cash-strapped tenants.