| 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 | except that the respondent shall be responsible for the |
| 17 | costs of damage resulting from any incident of domestic |
| 18 | violence; providing circumstances under which a dwelling |
| 19 | unit may be considered abandoned; providing that the |
| 20 | provisions of s. 83.683, F.S., may not be waived or |
| 21 | modified; providing applicability; providing an effective |
| 22 | 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 a final injunction for |
| 33 | protection against domestic violence, issued under s. 741.30(6), |
| 34 | or a final injunction for protection against repeat violence, |
| 35 | sexual 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 has been issued. |
| 40 | (c) "Victim" means an adult, or the parent or guardian of |
| 41 | a minor, who has been granted a permanent injunction. |
| 42 | (2)(a) A victim may elect to terminate a rental agreement |
| 43 | and vacate the dwelling unit if the victim gives the landlord |
| 44 | written notice of the victim's intent to terminate the lease and |
| 45 | a copy of the permanent injunction. The victim must give the |
| 46 | landlord the notice and copy of the injunction no later than 15 |
| 47 | days after the permanent injunction is entered. However, a |
| 48 | victim may not terminate a lease unless the tenant furnishes the |
| 49 | landlord a sworn statement that there are no cotenants or other |
| 50 | parties other than the respondent upon whom the termination will |
| 51 | create a financial loss or hardship, unless the cotenant or |
| 52 | other party agrees to release of the victim. |
| 53 | (b) The victim must vacate the dwelling unit on the date |
| 54 | the lease expires or 30 days after the landlord receives notice |
| 55 | of the termination, whichever comes first. |
| 56 | (c) The landlord shall mail the notice required by s. |
| 57 | 83.49(3)(a) to both the victim and the respondent. The notice |
| 58 | mailed to the respondent shall not reveal the victim's new |
| 59 | address. |
| 60 | (3) At the conclusion of the 30-day notice period, the |
| 61 | lease or tenancy shall continue in all respects subject to the |
| 62 | terms and conditions of the lease or tenancy, except that the |
| 63 | victim shall be released from all future obligations of the |
| 64 | lease or tenancy and that the victim shall not be liable for any |
| 65 | form of early termination fee. The victim is responsible up to |
| 66 | the conclusion of the 30-day notice period, and the respondent |
| 67 | and any other tenant are responsible through the end of the |
| 68 | lease term, for damages to the dwelling unit that exceed |
| 69 | ordinary wear and tear; however, any damages incurred as a |
| 70 | result of any incident of domestic violence, sexual violence, |
| 71 | dating violence, or repeat violence shall be the sole |
| 72 | responsibility of the respondent. |
| 73 | (4) If the respondent or any other tenant on the rental |
| 74 | agreement fails to retake possession of the dwelling unit within |
| 75 | 15 days after the date the victim gave the landlord as the date |
| 76 | the victim intended to vacate the dwelling unit, and if the rent |
| 77 | is unpaid, the dwelling unit shall be considered abandoned. |
| 78 | (5) The rights and obligations set forth in this section |
| 79 | may not be waived or modified. |
| 80 | (6) This section shall not be interpreted to impair the |
| 81 | right of any landlord to evict any tenant in accordance with any |
| 82 | terms and conditions set forth in the rental agreement that |
| 83 | provide for eviction in the event a tenant participates in |
| 84 | unlawful activity. |
| 85 | (7) This section applies to all rental agreements subject |
| 86 | to this part and executed on or after July 1, 2006, by a |
| 87 | landlord who owns more than 10 dwelling units throughout the |
| 88 | state or for a lease on property for which that landlord owns |
| 89 | more than 4 contiguous units. |
| 90 | Section 2. This act shall take effect July 1, 2006. |