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A bill to be entitled

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An act relating to residential tenancies; creating s.

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

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

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residential rental agreement because the tenant,

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applicant, or family or household member is a victim of

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domestic violence, dating violence, repeat violence, or

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sexual violence; prohibiting a landlord from including in

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a residential rental agreement a provision that authorizes

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the landlord to terminate a rental agreement or impose a

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penalty on a tenant for calling for assistance from a law

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enforcement agency or other emergency assistance in

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response to domestic violence, dating violence, repeat

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violence, or sexual violence; providing for evidence of

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the domestic violence, dating violence, repeat violence,

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or sexual violence which may be provided to the landlord;

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requiring a landlord to change door and other locks of the

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dwelling unit of a victim of domestic violence, dating

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violence, repeat violence, or sexual violence under

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certain circumstances within a specified period; requiring

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the protected tenant to pay the costs of changing the door

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and other locks of the dwelling unit; prohibiting waiver

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of the provisions of the act; providing an effective date.

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

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

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read:

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     83.683 Discrimination against victims of domestic violence,

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dating violence, repeat violence, or sexual violence

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prohibited.--

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

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

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s. 784.046(1).

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

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s. 741.28.

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

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provided in s. 741.28.

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

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s. 784.046(1).

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

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s. 784.046(1).

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     (2) VICTIM PROTECTION; NONDISCRIMINATION.--

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

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

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retaliate in the rental of a dwelling unit because the tenant,

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applicant, or a household member is a victim of domestic

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violence, dating violence, repeat violence, or sexual violence.

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

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agreement a provision that authorizes a landlord to terminate the

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

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the tenant for assistance from a law enforcement agency or other

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emergency assistance in response to domestic violence, dating

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

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

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enforcement agency or other emergency assistance.

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

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occurrence of domestic violence, dating violence, repeat

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

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

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agency, or state or federal agency;

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     (b) Documentation from a domestic violence or sexual

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assault protection program; or

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     (c) Documentation from a medical professional.

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

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     (a) If the respondent of domestic violence, dating

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

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the same dwelling unit as the protected tenant, the protected

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

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

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

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

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is not required to provide documentation of the domestic

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

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

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receives a request under this paragraph must change the door and

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

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protected tenant permission to change the door and other locks

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within 72 hours.

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

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

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

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

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landlord that a protected tenant is a victim of domestic

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violence, dating violence, repeat violence, or sexual violence

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

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

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

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landlord with a copy of a court order excluding the respondent

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

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

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protected tenant's dwelling unit under this paragraph must change

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the door and other locks within 72 hours.

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

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

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

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

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

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

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other locks are changed.

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

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excluding the respondent from the dwelling unit of the protected

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

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

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respondent access to the respondent's personal property within

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

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the respondent to return to the dwelling unit to retrieve

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

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

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the landlord is not liable for civil damages to a respondent

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

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

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property.

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

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provisions of this section may not be waived or modified by

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agreement of the parties.

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