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 |
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30 | Be It Enacted by the Legislature of the State of Florida: |
31 |
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32 | Section 1. Section 83.683, Florida Statutes, is created to |
33 | read: |
34 | 83.683 Discrimination against victims of domestic |
35 | violence, 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 |
41 | in 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 |
50 | a 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 |
53 | victim of domestic violence, dating violence, repeat violence, |
54 | or sexual 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 |
60 | the agreement or to impose a penalty upon a tenant for calls |
61 | made by the tenant for assistance from a law enforcement agency |
62 | or other emergency assistance in response to domestic violence, |
63 | dating violence, repeat violence, or sexual violence. A rental |
64 | agreement may not waive a tenant's right to call for assistance |
65 | from a law enforcement agency or other emergency assistance. |
66 | (3) EVIDENCE.--Evidence provided to a landlord to prove |
67 | the 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 |
78 | or 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 | written notice of termination must include evidence as required |
83 | by subsection (3) and be based upon a legitimate belief by the |
84 | tenant that the tenant is likely to be further victimized by |
85 | domestic violence, dating violence, repeat violence, or sexual |
86 | violence if the tenant remains in the dwelling unit. The notice |
87 | to the landlord must be accompanied by: |
88 | 1. A copy of a permanent injunction for protection against |
89 | domestic violence issued by a court pursuant to s. 741.30 or a |
90 | copy of a permanent injunction for protection against repeat |
91 | violence, sexual violence, or dating violence issued by a court |
92 | pursuant to s. 784.046; |
93 | 2. A valid card issued under an address confidentiality |
94 | program to the victim or a minor member of the tenant's |
95 | household pursuant to s. 741.403; or |
96 | 3. An order of no contact entered by a court in a criminal |
97 | case. |
98 | (b) After terminating a rental agreement, the tenant who |
99 | is released from the rental agreement under paragraph (a) is |
100 | liable to the landlord for the rent due under the rental |
101 | agreement prorated to the effective date of the termination and |
102 | payable at the time that would have been required by the terms |
103 | of the rental agreement. The tenant is not liable for any other |
104 | rent or fees due to the early termination of the tenancy. If a |
105 | tenant terminates the rental agreement 14 days or more before he |
106 | or she initially occupies the dwelling unit, the tenant is not |
107 | liable for any damages or penalties. |
108 | (c) Notwithstanding paragraph (a) or the exclusion of a |
109 | respondent of domestic violence, dating violence, repeat |
110 | violence, or sexual violence by a court order, if there are any |
111 | remaining tenants residing in the dwelling unit, the tenancy |
112 | shall continue for those tenants. The respondent who has been |
113 | excluded from the dwelling unit under court order remains liable |
114 | under the lease with any other tenant of the dwelling unit for |
115 | rent or damages to the dwelling unit. |
116 | (5) VICTIM PROTECTION; CHANGING DOOR AND OTHER LOCKS.-- |
117 | (a) If the respondent of domestic violence, dating |
118 | violence, repeat violence, or sexual violence is not a tenant in |
119 | the same dwelling unit as the protected tenant, the protected |
120 | tenant may give oral or written notice to the landlord that he |
121 | or she is a victim of domestic violence, dating violence, repeat |
122 | violence, or sexual violence and may request that the door and |
123 | other locks to the dwelling unit be changed. A protected tenant |
124 | is not required to provide documentation of the domestic |
125 | violence, dating violence, repeat violence, or sexual violence |
126 | to initiate the changing of the door and other locks. A landlord |
127 | who receives a request under this paragraph must change the door |
128 | and other locks to the protected tenant's dwelling unit or give |
129 | the protected tenant permission to change the door and other |
130 | locks within 72 hours. |
131 | (b) If the respondent of the domestic violence, dating |
132 | violence, repeat violence, or sexual violence is a tenant in the |
133 | same dwelling unit as the victim, any tenant or protected tenant |
134 | of the dwelling unit may give oral or written notice to the |
135 | landlord that a protected tenant is a victim of domestic |
136 | violence, dating violence, repeat violence, or sexual violence |
137 | and may request that the door and other locks to the dwelling |
138 | unit be changed. Before the landlord or tenant changes the door |
139 | and other locks under this paragraph, the tenant must provide |
140 | the landlord with a copy of a court order excluding the |
141 | respondent from the dwelling unit of the protected tenant. A |
142 | landlord who receives a request to change the door and other |
143 | locks to the protected tenant's dwelling unit under this |
144 | paragraph must change the door and other locks within 72 hours. |
145 | (c) The protected tenant shall bear the expense of |
146 | changing the door and other locks. If a landlord fails to act |
147 | within the required time, the protected tenant may change the |
148 | door and other locks without the landlord's permission. If the |
149 | protected tenant changes the locks, the protected tenant must |
150 | give a key to the new locks to the landlord within 48 hours |
151 | after the door and other locks are changed. |
152 | (d) If a landlord has been provided with a court order |
153 | excluding the respondent from the dwelling unit of the protected |
154 | tenant, the landlord may not grant the respondent access to the |
155 | dwelling unit, provide keys to the respondent, or provide the |
156 | respondent access to the respondent's personal property within |
157 | the dwelling unit. If the respondent has a court order allowing |
158 | the respondent to return to the dwelling unit to retrieve |
159 | personal belongings, the landlord may grant him or her access to |
160 | the dwelling unit. If a landlord complies with this paragraph, |
161 | the landlord is not liable for civil damages to a respondent |
162 | excluded from the dwelling unit, for loss of use of the dwelling |
163 | unit, or for loss of use or damage to the respondent's personal |
164 | property. |
165 | (6) NONWAIVER OF RENTAL TERMS.--Pursuant to s. 83.47, the |
166 | provisions of this section may not be waived or modified by |
167 | agreement of the parties. |
168 | Section 2. This act shall take effect July 1, 2008. |