1

A bill to be entitled

2

An act relating to residential tenancies; creating s.

3

83.683, F.S.; defining terms; prohibiting a landlord from

4

terminating, failing to renew, or refusing to enter into a

5

residential rental agreement because the tenant,

6

applicant, or family or household member is a victim of

7

domestic violence, dating violence, repeat violence, or

8

sexual violence; prohibiting a landlord from including in

9

a residential rental agreement a provision that authorizes

10

the landlord to terminate a rental agreement or impose a

11

penalty on a tenant for calling for assistance from a law

12

enforcement agency or other emergency assistance in

13

response to domestic violence, dating violence, repeat

14

violence, or sexual violence; providing for evidence of

15

the domestic violence, dating violence, repeat violence,

16

or sexual violence which may be provided to the landlord;

17

allowing victims of domestic violence to terminate a

18

residential rental agreement under certain circumstances;

19

providing procedures to notify the landlord; providing for

20

liability for payment of rent by the respondent who has

21

been excluded from the dwelling unit; requiring a landlord

22

to change door and other locks of the dwelling unit of a

23

victim of domestic violence, dating violence, repeat

24

violence, or sexual violence under certain circumstances

25

within a specified period; requiring the protected tenant

26

to pay the costs of changing the door and other locks of

27

the dwelling unit; prohibiting waiver of the provisions of

28

the act; providing an effective date.

29

30

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

31

32

     Section 1.  Section 83.683, Florida Statutes, is created to

33

read:

34

     83.683 Discrimination against victims of domestic violence,

35

dating violence, repeat violence, or sexual violence

36

prohibited.--

37

     (1) DEFINITIONS.--As used in this section, the term:

38

     (a) "Dating violence" has the same meaning as provided in

39

s. 784.046(1).

40

     (b) "Domestic violence" has the same meaning as provided in

41

s. 741.28.

42

     (c) "Family or household member" has the same meaning as

43

provided in s. 741.28.

44

     (d) "Repeat violence" has the same meaning as provided in

45

s. 784.046(1).

46

     (e) "Sexual violence" has the same meaning as provided in

47

s. 784.046(1).

48

     (2) VICTIM PROTECTION; NONDISCRIMINATION.--

49

     (a) A landlord may not terminate a tenancy, fail to renew a

50

tenancy, refuse to enter into a rental agreement, or otherwise

51

retaliate in the rental of a dwelling unit because:

52

     1. The tenant, applicant, or a household member is a victim

53

of domestic violence, dating violence, repeat violence, or sexual

54

violence; or

55

     2. The tenant or applicant terminated a rental agreement

56

due to domestic violence, dating violence, repeat violence, or

57

sexual violence as provided in subsection (4).

58

     (b) A landlord may not include in a residential rental

59

agreement a provision that authorizes a landlord to terminate the

60

agreement or to impose a penalty upon a tenant for calls made by

61

the tenant for assistance from a law enforcement agency or other

62

emergency assistance in response to domestic violence, dating

63

violence, repeat violence, or sexual violence. A rental agreement

64

may not waive a tenant's right to call for assistance from a law

65

enforcement agency or other emergency assistance.

66

     (3) EVIDENCE.--Evidence provided to a landlord to prove the

67

occurrence of domestic violence, dating violence, repeat

68

violence, or sexual violence may include any of the following:

69

     (a) Records, orders, or files of a court, law enforcement

70

agency, or state or federal agency;

71

     (b) Documentation from a domestic violence or sexual

72

assault protection program; or

73

     (c) Documentation from a medical professional.

74

     (4) EARLY TERMINATION OF A RENTAL AGREEMENT BY A VICTIM OF

75

DOMESTIC VIOLENCE, DATING VIOLENCE, REPEAT VIOLENCE, OR SEXUAL

76

VIOLENCE.--

77

     (a) A tenant protected by this section may terminate his or

78

her rental agreement for a dwelling unit by providing the

79

landlord with a written notice of termination to be effective on

80

a date stated in the notice which must be at least 30 days after

81

the landlord receives the written notice of termination. The

82

notice to the landlord must be accompanied by:

83

     1. A copy of an injunction for protection against domestic

84

violence issued by a court pursuant to s. 741.30 or a copy of an

85

injunction for protection against repeat violence, sexual

86

violence, or dating violence issued by a court pursuant to s.

87

784.046;

88

     2. A valid card issued under an address confidentiality

89

program to the victim or a minor member of the tenant's household

90

pursuant to s. 741.403; or

91

     3. An order of no contact entered by a court in a criminal

92

case.

93

     (b) After terminating a rental agreement, the tenant who is

94

released from the rental agreement under paragraph (a) is liable

95

to the landlord for the rent due under the rental agreement

96

prorated to the effective date of the termination and payable at

97

the time that would have been required by the terms of the rental

98

agreement. The tenant is not liable for any other rent or fees

99

due to the early termination of the tenancy. If a tenant

100

terminates the rental agreement 14 days or more before he or she

101

initially occupies the dwelling unit, the tenant is not liable

102

for any damages or penalties.

103

     (c) Notwithstanding paragraph (a) or the exclusion of a

104

respondent of domestic violence, dating violence, repeat

105

violence, or sexual violence by a court order, if there are any

106

remaining tenants residing in the dwelling unit, the tenancy

107

shall continue for those tenants. The respondent who has been

108

excluded from the dwelling unit under court order remains liable

109

under the lease with any other tenant of the dwelling unit for

110

rent or damages to the dwelling unit.

111

     (5) VICTIM PROTECTION; CHANGING DOOR AND OTHER LOCKS.--

112

     (a) If the respondent of domestic violence, dating

113

violence, repeat violence, or sexual violence is not a tenant in

114

the same dwelling unit as the protected tenant, the protected

115

tenant may give oral or written notice to the landlord that he or

116

she is a victim of domestic violence, dating violence, repeat

117

violence, or sexual violence and may request that the door and

118

other locks to the dwelling unit be changed. A protected tenant

119

is not required to provide documentation of the domestic

120

violence, dating violence, repeat violence, or sexual violence to

121

initiate the changing of the door and other locks. A landlord who

122

receives a request under this paragraph must change the door and

123

other locks to the protected tenant's dwelling unit or give the

124

protected tenant permission to change the door and other locks

125

within 72 hours.

126

     (b) If the respondent of the domestic violence, dating

127

violence, repeat violence, or sexual violence is a tenant in the

128

same dwelling unit as the victim, any tenant or protected tenant

129

of the dwelling unit may give oral or written notice to the

130

landlord that a protected tenant is a victim of domestic

131

violence, dating violence, repeat violence, or sexual violence

132

and may request that the door and other locks to the dwelling

133

unit be changed. Before the landlord or tenant changes the door

134

and other locks under this paragraph, the tenant must provide the

135

landlord with a copy of a court order excluding the respondent

136

from the dwelling unit of the protected tenant. A landlord who

137

receives a request to change the door and other locks to the

138

protected tenant's dwelling unit under this paragraph must change

139

the door and other locks within 72 hours.

140

     (c) The protected tenant shall bear the expense of changing

141

the door and other locks. If a landlord fails to act within the

142

required time, the protected tenant may change the door and other

143

locks without the landlord's permission. If the protected tenant

144

changes the locks, the protected tenant must give a key to the

145

new locks to the landlord within 48 hours after the door and

146

other locks are changed.

147

     (d) If a landlord has been provided with a court order

148

excluding the respondent from the dwelling unit of the protected

149

tenant, the landlord may not grant the respondent access to the

150

dwelling unit, provide keys to the respondent, or provide the

151

respondent access to the respondent's personal property within

152

the dwelling unit. If the respondent has a court order allowing

153

the respondent to return to the dwelling unit to retrieve

154

personal belongings, the landlord may grant him or her access to

155

the dwelling unit. If a landlord complies with this paragraph,

156

the landlord is not liable for civil damages to a respondent

157

excluded from the dwelling unit, for loss of use of the dwelling

158

unit, or for loss of use or damage to the respondent's personal

159

property.

160

     (6) NONWAIVER OF RENTAL TERMS.--Pursuant to s. 83.47, the

161

provisions of this section may not be waived or modified by

162

agreement of the parties.

163

     Section 2.  This act shall take effect July 1, 2008.