| 1 | Representative Gannon offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | On page 4, delete lines 21 and 22, and insert: |
| 5 | Section 2. Effective July 1, 2005, section 83.683, Florida |
| 6 | Statutes, is created to read: |
| 7 | 83.683 Termination of a rental agreement by a victim of |
| 8 | domestic violence, repeat violence, sexual violence, or dating |
| 9 | violence.-- |
| 10 | (1) As used in this section, the term: |
| 11 | (a) "Permanent injunction" means an injunction for |
| 12 | protection against domestic violence, issued under s. 741.30(6), |
| 13 | or an injunction for protection against repeat violence, sexual |
| 14 | violence, or dating violence, issued under s. 784.046(7), |
| 15 | regardless of whether a motion for rehearing or a notice of |
| 16 | appeal is filed. |
| 17 | (b) "Respondent" means a person against whom a permanent |
| 18 | injunction for protection against domestic violence under s. |
| 19 | 741.30(6) or a permanent injunction for protection against |
| 20 | repeat violence, sexual violence, or dating violence under s. |
| 21 | 784.046(7) has been issued. |
| 22 | (c) "Victim" means an adult, or the parent or guardian of |
| 23 | a minor, who has been granted a permanent injunction against |
| 24 | domestic violence, as defined in s. 741.28(2), or who has been |
| 25 | granted a permanent injunction against sexual violence, dating |
| 26 | violence, or acts of repeat violence, as defined in s. 784.046. |
| 27 | (d) "Conviction" has the same meaning as in s. 921.0021. |
| 28 | (2)(a) A victim may elect to terminate a rental agreement |
| 29 | and vacate the dwelling unit if the victim gives the landlord |
| 30 | written notice of the victim's intent to terminate the lease and |
| 31 | a copy of the permanent injunction. The victim must give the |
| 32 | landlord the notice and copy of the injunction no later than 15 |
| 33 | days after the injunction is entered. |
| 34 | (b) The victim must report the incident of domestic |
| 35 | violence, as defined in s. 741.28(2), or sexual violence, dating |
| 36 | violence, or acts of repeat violence, as defined in s. 784.046, |
| 37 | to the appropriate authorities and must comply with any criminal |
| 38 | investigation and prosecution of any such incident, including |
| 39 | testifying truthfully at a criminal trial. If the victim |
| 40 | complies with the criminal investigation and prosecution and the |
| 41 | respondent is convicted, the respondent shall be liable for the |
| 42 | entire amount of liquidated damages pursuant to s. 83.595(1)(d), |
| 43 | the respondent shall reimburse the victim for any amount the |
| 44 | victim has paid pursuant to s. 83.595(1)(d), and subsection (3) |
| 45 | shall apply. If the respondent is not convicted, subsection (3) |
| 46 | shall apply. |
| 47 | (c) The victim must vacate the dwelling unit on the date |
| 48 | the lease expires or 30 days after the landlord receives notice |
| 49 | of the termination, whichever comes first. |
| 50 | (d) The landlord shall mail the notice required by s. |
| 51 | 83.49 to both the victim and the respondent. |
| 52 | (3) The lease or tenancy shall continue in all respects |
| 53 | subject to the terms and conditions of the lease or tenancy, |
| 54 | except that the victim shall be released from all future |
| 55 | obligations of the lease or tenancy; however, all tenants, |
| 56 | including the victim, the respondent, and other tenants, are |
| 57 | responsible for damages to the dwelling unit that exceed |
| 58 | ordinary wear and tear, excluding those damages incurred as a |
| 59 | result of any incident of domestic violence, sexual violence, |
| 60 | dating violence, or repeat violence, in which case the cost |
| 61 | shall be the sole responsibility of the respondent. Nothing in |
| 62 | this subsection shall be interpreted so as to impair the right |
| 63 | of any landlord to evict any tenant in accordance with any terms |
| 64 | and conditions of the lease or tenancy that provide for eviction |
| 65 | in the event of a tenant's participation in unlawful activity. |
| 66 | (4) If the respondent or any other tenant who is a party |
| 67 | to the rental agreement fails to retake possession of the |
| 68 | dwelling unit within 15 days after the date the victim gave the |
| 69 | landlord as the date the victim would vacate the dwelling unit |
| 70 | and the rent is unpaid, the dwelling unit shall be considered |
| 71 | abandoned and the landlord may retake possession and dispose of |
| 72 | any abandoned property in any way the landlord sees fit. |
| 73 | (5) The provisions of this section may not be waived or |
| 74 | modified by agreement between the victim and the respondent. |
| 75 | (6) This section applies to all rental agreements subject |
| 76 | to this part and executed on or after July 1, 2005. |
| 77 | Section 3. Effective July 1, 2005, paragraph (d) is added |
| 78 | to subsection (3) of section 83.59, Florida Statutes, to read: |
| 79 | 83.59 Right of action for possession.-- |
| 80 | (3) The landlord shall not recover possession of a |
| 81 | dwelling unit except: |
| 82 | (d) When, 45 days after the date of death of the tenant, |
| 83 | the rent is unpaid and the landlord has not been notified of the |
| 84 | existence of a probate estate or name and address of a personal |
| 85 | representative. |
| 86 | Section 4. Effective July 1, 2005, subsection (1) of |
| 87 | section 83.595, Florida Statutes, is amended to read: |
| 88 | 83.595 Choice of remedies upon breach by tenant.-- |
| 89 | (1) If the tenant breaches the rental agreement lease for |
| 90 | the dwelling unit and the landlord has obtained a writ of |
| 91 | possession, or the tenant has surrendered possession of the |
| 92 | dwelling unit to the landlord, or the tenant has abandoned the |
| 93 | dwelling unit, the landlord may: |
| 94 | (a) Treat the rental agreement lease as terminated and |
| 95 | retake possession for his or her own account, thereby |
| 96 | terminating any further liability of the tenant; or |
| 97 | (b) Retake possession of the dwelling unit for the account |
| 98 | of the tenant, holding the tenant liable for the difference |
| 99 | between the rent rental stipulated to be paid under the rental |
| 100 | lease agreement and what, in good faith, the landlord is able to |
| 101 | recover from a reletting; or |
| 102 | (c) Stand by and do nothing, holding the lessee liable for |
| 103 | the rent as it comes due; or |
| 104 | (d) Obtain liquidated damages upon breach and a fee for |
| 105 | the tenant to obtain an early termination of the rental |
| 106 | agreement, or both, if such had been provided for in the rental |
| 107 | agreement, upon the tenant's giving the landlord notice as |
| 108 | provided in the rental agreement of up to 60 days. The landlord |
| 109 | shall treat such a rental agreement as terminated and charge the |
| 110 | tenant liquidated damages or the early termination fee as |
| 111 | specified in the rental agreement, equal to not more than 2 |
| 112 | months' rent, in addition to the unpaid rent and other charges |
| 113 | due under the rental agreement through the end of the month in |
| 114 | which the landlord retakes possession of the dwelling unit. In |
| 115 | such event, the remedies set forth in paragraphs (a), (b), and |
| 116 | (c) are not available to the landlord. This paragraph shall not |
| 117 | apply when the breach is a failure to give notice at the end of |
| 118 | the rental agreement as provided in s. 83.575. |
| 119 | Section 5. Except as otherwise provided herein, this act |
| 120 | shall take effect upon becoming a law. |
| 121 |
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| 122 | ================= T I T L E A M E N D M E N T ================= |
| 123 | On page 1, line 10, remove all of said line and insert: |
| 124 | creating s. 83.683, F.S.; providing definitions; providing |
| 125 | for early lease termination if a victim of domestic |
| 126 | violence, repeat violence, sexual violence, or dating |
| 127 | violence elects to leave a residential rental property; |
| 128 | providing requirements for termination; requiring the |
| 129 | victim to comply with any criminal investigation and |
| 130 | prosecution related to such offenses; providing that a |
| 131 | residential lease shall continue in all terms and |
| 132 | conditions for all tenants except the victim; providing |
| 133 | that all tenants, including the victim and respondent, are |
| 134 | responsible for damage to the property exceeding ordinary |
| 135 | wear and tear, except that the respondent shall be |
| 136 | responsible for the costs of damage resulting from any |
| 137 | incident of domestic violence; providing for repossession |
| 138 | by the landlord in case of abandonment by other tenants; |
| 139 | providing that an agreement between the victim and the |
| 140 | respondent may not waive or modify certain rights of |
| 141 | victims; providing applicability; amending s. 83.59, F.S.; |
| 142 | providing conditions under which a landlord may reclaim |
| 143 | possession of a dwelling unit after the tenant has died; |
| 144 | amending s. 83.595, F.S.; allowing a rental agreement to |
| 145 | provide for liquidated damages upon breach and for a fee |
| 146 | for the tenant to obtain an early termination of the |
| 147 | rental agreement in certain circumstances; providing |
| 148 | effective dates. |