CS/HB 931

1
A bill to be entitled
2An act relating to residential tenancies; creating s.
383.683, F.S.; defining terms; prohibiting a landlord from
4terminating, failing to renew, or refusing to enter into a
5residential rental agreement because the tenant,
6applicant, or family or household member is a victim of
7domestic violence, dating violence, repeat violence, or
8sexual violence; prohibiting a landlord from including in
9a residential rental agreement a provision that authorizes
10the landlord to terminate a rental agreement or impose a
11penalty on a tenant for calling for assistance from a law
12enforcement agency or other emergency assistance in
13response to domestic violence, dating violence, repeat
14violence, or sexual violence; providing for evidence of
15the domestic violence, dating violence, repeat violence,
16or sexual violence which may be provided to the landlord;
17allowing victims of domestic violence to terminate a
18residential rental agreement under certain circumstances;
19providing procedures to notify the landlord; providing for
20liability for payment of rent by the respondent who has
21been excluded from the dwelling unit; requiring a landlord
22to change door and other locks of the dwelling unit of a
23victim of domestic violence, dating violence, repeat
24violence, or sexual violence under certain circumstances
25within a specified period; requiring the protected tenant
26to pay the costs of changing the door and other locks of
27the dwelling unit; prohibiting waiver of the provisions of
28the act; providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Section 83.683, Florida Statutes, is created to
33read:
34     83.683  Discrimination against victims of domestic
35violence, dating violence, repeat violence, or sexual violence
36prohibited.--
37     (1)  DEFINITIONS.--As used in this section, the term:
38     (a)  "Dating violence" has the same meaning as provided in
39s. 784.046(1).
40     (b)  "Domestic violence" has the same meaning as provided
41in s. 741.28.
42     (c)  "Family or household member" has the same meaning as
43provided in s. 741.28.
44     (d)  "Repeat violence" has the same meaning as provided in
45s. 784.046(1).
46     (e)  "Sexual violence" has the same meaning as provided in
47s. 784.046(1).
48     (2)  VICTIM PROTECTION; NONDISCRIMINATION.--
49     (a)  A landlord may not terminate a tenancy, fail to renew
50a tenancy, refuse to enter into a rental agreement, or otherwise
51retaliate in the rental of a dwelling unit because:
52     1.  The tenant, applicant, or a household member is a
53victim of domestic violence, dating violence, repeat violence,
54or sexual violence; or
55     2.  The tenant or applicant terminated a rental agreement
56due to domestic violence, dating violence, repeat violence, or
57sexual violence as provided in subsection (4).
58     (b)  A landlord may not include in a residential rental
59agreement a provision that authorizes a landlord to terminate
60the agreement or to impose a penalty upon a tenant for calls
61made by the tenant for assistance from a law enforcement agency
62or other emergency assistance in response to domestic violence,
63dating violence, repeat violence, or sexual violence. A rental
64agreement may not waive a tenant's right to call for assistance
65from a law enforcement agency or other emergency assistance.
66     (3)  EVIDENCE.--Evidence provided to a landlord to prove
67the occurrence of domestic violence, dating violence, repeat
68violence, or sexual violence may include any of the following:
69     (a)  Records, orders, or files of a court, law enforcement
70agency, or state or federal agency;
71     (b)  Documentation from a domestic violence or sexual
72assault protection program; or
73     (c)  Documentation from a medical professional.
74     (4)  EARLY TERMINATION OF A RENTAL AGREEMENT BY A VICTIM OF
75DOMESTIC VIOLENCE, DATING VIOLENCE, REPEAT VIOLENCE, OR SEXUAL
76VIOLENCE.--
77     (a)  A tenant protected by this section may terminate his
78or her rental agreement for a dwelling unit by providing the
79landlord with a written notice of termination to be effective on
80a date stated in the notice which must be at least 30 days after
81the landlord receives the written notice of termination. The
82written notice of termination must include evidence as required
83by subsection (3) and be based upon a legitimate belief by the
84tenant that the tenant is likely to be further victimized by
85domestic violence, dating violence, repeat violence, or sexual
86violence if the tenant remains in the dwelling unit. The notice
87to the landlord must be accompanied by:
88     1.  A copy of a permanent injunction for protection against
89domestic violence issued by a court pursuant to s. 741.30 or a
90copy of a permanent injunction for protection against repeat
91violence, sexual violence, or dating violence issued by a court
92pursuant to s. 784.046;
93     2.  A valid card issued under an address confidentiality
94program to the victim or a minor member of the tenant's
95household pursuant to s. 741.403; or
96     3.  An order of no contact entered by a court in a criminal
97case.
98     (b)  After terminating a rental agreement, the tenant who
99is released from the rental agreement under paragraph (a) is
100liable to the landlord for the rent due under the rental
101agreement prorated to the effective date of the termination and
102payable at the time that would have been required by the terms
103of the rental agreement. The tenant is not liable for any other
104rent or fees due to the early termination of the tenancy. If a
105tenant terminates the rental agreement 14 days or more before he
106or she initially occupies the dwelling unit, the tenant is not
107liable for any damages or penalties.
108     (c)  Notwithstanding paragraph (a) or the exclusion of a
109respondent of domestic violence, dating violence, repeat
110violence, or sexual violence by a court order, if there are any
111remaining tenants residing in the dwelling unit, the tenancy
112shall continue for those tenants. The respondent who has been
113excluded from the dwelling unit under court order remains liable
114under the lease with any other tenant of the dwelling unit for
115rent or damages to the dwelling unit.
116     (5)  VICTIM PROTECTION; CHANGING DOOR AND OTHER LOCKS.--
117     (a)  If the respondent of domestic violence, dating
118violence, repeat violence, or sexual violence is not a tenant in
119the same dwelling unit as the protected tenant, the protected
120tenant may give oral or written notice to the landlord that he
121or she is a victim of domestic violence, dating violence, repeat
122violence, or sexual violence and may request that the door and
123other locks to the dwelling unit be changed. A protected tenant
124is not required to provide documentation of the domestic
125violence, dating violence, repeat violence, or sexual violence
126to initiate the changing of the door and other locks. A landlord
127who receives a request under this paragraph must change the door
128and other locks to the protected tenant's dwelling unit or give
129the protected tenant permission to change the door and other
130locks within 72 hours.
131     (b)  If the respondent of the domestic violence, dating
132violence, repeat violence, or sexual violence is a tenant in the
133same dwelling unit as the victim, any tenant or protected tenant
134of the dwelling unit may give oral or written notice to the
135landlord that a protected tenant is a victim of domestic
136violence, dating violence, repeat violence, or sexual violence
137and may request that the door and other locks to the dwelling
138unit be changed. Before the landlord or tenant changes the door
139and other locks under this paragraph, the tenant must provide
140the landlord with a copy of a court order excluding the
141respondent from the dwelling unit of the protected tenant. A
142landlord who receives a request to change the door and other
143locks to the protected tenant's dwelling unit under this
144paragraph must change the door and other locks within 72 hours.
145     (c)  The protected tenant shall bear the expense of
146changing the door and other locks. If a landlord fails to act
147within the required time, the protected tenant may change the
148door and other locks without the landlord's permission. If the
149protected tenant changes the locks, the protected tenant must
150give a key to the new locks to the landlord within 48 hours
151after the door and other locks are changed.
152     (d)  If a landlord has been provided with a court order
153excluding the respondent from the dwelling unit of the protected
154tenant, the landlord may not grant the respondent access to the
155dwelling unit, provide keys to the respondent, or provide the
156respondent access to the respondent's personal property within
157the dwelling unit. If the respondent has a court order allowing
158the respondent to return to the dwelling unit to retrieve
159personal belongings, the landlord may grant him or her access to
160the dwelling unit. If a landlord complies with this paragraph,
161the landlord is not liable for civil damages to a respondent
162excluded from the dwelling unit, for loss of use of the dwelling
163unit, or for loss of use or damage to the respondent's personal
164property.
165     (6)  NONWAIVER OF RENTAL TERMS.--Pursuant to s. 83.47, the
166provisions of this section may not be waived or modified by
167agreement of the parties.
168     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.