Senate Bill sb0666

    Florida Senate - 2006                                   SB 666

    By Senator Rich





    34-494A-06

  1                      A bill to be entitled

  2         An act relating to residential tenancies;

  3         creating s. 83.683, F.S.; providing

  4         definitions; providing for an early termination

  5         of a lease if a victim of domestic violence,

  6         sexual violence, dating violence, or repeat

  7         violence elects to leave a residential rental

  8         property under certain circumstances; providing

  9         the effect of such termination; prescribing

10         responsibilities of parties; providing the

11         landlord's rights under such termination;

12         providing that the rights of a victim may not

13         be waived or modified; providing an effective

14         date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Section 83.683, Florida Statutes, is

19  created to read:

20         83.683  Termination of a rental agreement by a victim

21  of domestic violence, repeat violence, sexual violence, or

22  dating violence.--

23         (1)  As used in this section, the term:

24         (a)  "Permanent injunction" means an injunction for

25  protection against domestic violence, issued under s.

26  741.30(6), or an injunction for protection against repeat

27  violence, sexual violence, or dating violence, issued under s.

28  784.046(7), regardless of whether a motion for rehearing or a

29  notice of appeal is filed.

30         (b)  "Respondent" means a person against whom a

31  permanent injunction for protection against domestic violence

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    Florida Senate - 2006                                   SB 666
    34-494A-06




 1  was issued under s. 741.30, or permanent injunction for

 2  protection against repeat violence, sexual violence, or dating

 3  violence, issued under s. 784.046(7), has been issued.

 4         (c)  "Victim" means an adult, or the parent or guardian

 5  of a minor, who has been granted a permanent injunction

 6  against domestic violence, as defined in s. 741.28, or who has

 7  been granted a permanent injunction against sexual violence,

 8  dating violence, or acts of repeat violence, as defined in s.

 9  784.046, and who has been granted exclusive possession by a

10  court of a dwelling unit that is subject to this part.

11         (2)(a)  A victim may elect to terminate a rental

12  agreement and vacate the dwelling unit if the victim gives the

13  landlord written notice of the victim's intent to terminate

14  the lease and a copy of the permanent injunction. The victim

15  must give the landlord the notice and injunction no later than

16  15 days after the injunction is entered.

17         (b)  The victim must vacate the dwelling unit on the

18  date the lease expires or within 30 days after the landlord

19  receives notice of the termination, whichever occurs first.

20         (c)  The landlord shall mail the notice required by s.

21  83.49(3)(a) to both the victim and the respondent.

22         (3)  The lease or tenancy shall continue in all

23  respects to the terms and conditions of the lease except that

24  the victim shall be released from all future obligations of

25  the lease; however, all tenants, including the victim, the

26  respondent, and other tenants, are responsible for any damages

27  that exceed ordinary wear and tear, excluding those damages

28  incurred as a result of any incident of domestic abuse, in

29  which case the cost shall be the sole responsibility of the

30  respondent. This subsection may not be interpreted to impair

31  the right of any landlord to evict any tenant in accordance

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    Florida Senate - 2006                                   SB 666
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 1  with any terms and conditions set forth that provide for

 2  eviction in the event of a tenant participating in unlawful

 3  activity.

 4         (4)  If the respondent or any other tenant on the

 5  rental agreement fails to retake possession of the premises

 6  within 15 days after the date the victim gave the landlord as

 7  the date the victim would vacate the premises and the rent is

 8  unpaid, the premises shall be considered abandoned and the

 9  landlord may retake possession and dispose of any abandoned

10  property in any way the landlord sees fit.

11         (5)  This section may not be waived or modified by

12  agreement of the victim and the respondent.

13         (6)  This section applies to all rental agreements

14  subject to this part and executed on or after July 1, 2006.

15         Section 2.  This act shall take effect July 1, 2006.

16  

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18                          SENATE SUMMARY

19    Provides for an early termination of a lease if a victim
      of domestic violence elects to leave a residential rental
20    property. Provides that a residential lease agreement may
      not waive or modify the rights of a victim.
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