| 1 | The Civil Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to residential tenancies; creating s. |
| 7 | 83.683, F.S.; providing definitions; providing for early |
| 8 | lease termination if a victim of domestic violence, repeat |
| 9 | violence, sexual violence, or dating violence elects to |
| 10 | leave a residential rental property; providing |
| 11 | requirements for termination; providing that a residential |
| 12 | lease shall continue in all terms and conditions for all |
| 13 | tenants except the victim; providing that all tenants, |
| 14 | including the victim and respondent, are responsible for |
| 15 | damage to the property exceeding ordinary wear and tear; |
| 16 | providing for repossession by the landlord in case of |
| 17 | abandonment by other tenants; providing that an agreement |
| 18 | between the victim and the respondent may not waive or |
| 19 | modify certain rights of victims; amending s. 83.59, F.S.; |
| 20 | providing conditions under which a landlord may reclaim |
| 21 | possession of a dwelling unit after the tenant has died;- |
| 22 | providing an effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Section 83.683, Florida Statutes, is created to |
| 27 | read: |
| 28 | 83.683 Termination of a rental agreement by a victim of |
| 29 | domestic violence, repeat violence, sexual violence, or dating |
| 30 | violence.-- |
| 31 | (1) As used in this section, the term: |
| 32 | (a) "Permanent injunction" means an injunction for |
| 33 | protection against domestic violence, issued under s. 741.30(6), |
| 34 | or an injunction for protection against repeat violence, sexual |
| 35 | violence, or dating violence, issued under s. 784.046(7), |
| 36 | regardless of whether a motion for rehearing or a notice of |
| 37 | appeal is filed. |
| 38 | (b) "Respondent" means a person against whom a permanent |
| 39 | injunction for protection against domestic violence under s. |
| 40 | 741.30(6) or a permanent injunction for protection against |
| 41 | repeat violence, sexual violence, or dating violence under s. |
| 42 | 784.046(7) has been issued. |
| 43 | (c) "Victim" means an adult, or the parent or guardian of |
| 44 | a minor, who has been granted a permanent injunction against |
| 45 | domestic violence, as defined in s. 741.28(2), or who has been |
| 46 | granted a permanent injunction against sexual violence, dating |
| 47 | violence, or acts of repeat violence, as defined in s. 784.046, |
| 48 | and who has been granted by a court exclusive possession of a |
| 49 | dwelling unit that is subject to this part. |
| 50 | (2)(a) A victim may elect to terminate a rental agreement |
| 51 | and vacate the dwelling unit if the victim gives the landlord |
| 52 | written notice of the victim's intent to terminate the lease and |
| 53 | a copy of the permanent injunction. The victim must give the |
| 54 | landlord the notice and copy of the injunction no later than 15 |
| 55 | days after the injunction is entered. |
| 56 | (b) The victim must vacate the dwelling unit on the date |
| 57 | the lease expires or 30 days after the landlord receives notice |
| 58 | of the termination, whichever comes first. |
| 59 | (c) The landlord shall mail the notice required by s. |
| 60 | 83.49 to both the victim and the respondent. |
| 61 | (3) The lease or tenancy shall continue in all respects |
| 62 | subject to the terms and conditions of the lease or tenancy, |
| 63 | except that the victim shall be released from all future |
| 64 | obligations of the lease or tenancy; however, all tenants, |
| 65 | including the victim, the respondent, and other tenants, are |
| 66 | responsible for damages to the dwelling unit that exceed |
| 67 | ordinary wear and tear. |
| 68 | (4) If the respondent or any other tenant who is a party |
| 69 | to the rental agreement fails to retake possession of the |
| 70 | dwelling unit within 15 days after the date the victim gave the |
| 71 | landlord as the date the victim would vacate the dwelling unit |
| 72 | and the rent is unpaid, the dwelling unit shall be considered |
| 73 | abandoned and the landlord may retake possession and dispose of |
| 74 | any abandoned property in any way the landlord sees fit. |
| 75 | (5) This section may not be waived or modified by |
| 76 | agreement between the victim and the respondent. |
| 77 | (6) This section applies to all rental agreements subject |
| 78 | to this part and executed on or after July 1, 2005. |
| 79 | Section 2. Paragraph (d) is added to subsection (3) of |
| 80 | section 83.59, Florida Statutes, to read: |
| 81 | 83.59 Right of action for possession.-- |
| 82 | (3) The landlord shall not recover possession of a |
| 83 | dwelling unit except: |
| 84 | (d) When, 45 days after the date of death of the tenant, |
| 85 | the rent is unpaid and the landlord has not been notified of the |
| 86 | existence of a probate estate or name and address of a personal |
| 87 | representative. |
| 88 | Section 3. This act shall take effect July 1, 2005. |