Utility cutoff statute.

The recent hurricanes and resulting power outages have left millions of Floridians with the first-hand experience of power shutoff. Most people who have endured such outages would recognize that Florida is not habitable without air conditioning. In fact, Florida's population explosion can be roughly traced to the availability of affordable air conditioning units. Yet Florida's Residential Landlord Tenant Act, Florida Statutes 83 Part II, does not explicitly account for the tropical climes unique to our state. Florida Statutes [section] 83.67(1) states:

"No landlord of any dwelling unit governed by this part shall 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."

Note that air conditioning is not specifically listed as a required utility in Florida. While the language, "including, but not limited to," would appear to be comprehensive of air...