| 1 | A bill to be entitled |
| 2 | An act relating to residential tenancies; amending s. |
| 3 | 83.51, F.S.; authorizing landlords to terminate utility |
| 4 | services under certain conditions; creating s. 83.683, |
| 5 | F.S.; defining terms; prohibiting a landlord from |
| 6 | terminating, failing to renew, or refusing to enter into a |
| 7 | residential rental agreement because the tenant, |
| 8 | applicant, or family or household member is a victim of |
| 9 | domestic violence, dating violence, repeat violence, or |
| 10 | sexual violence; allowing victims of such violence to |
| 11 | terminate a residential rental agreement under certain |
| 12 | circumstances; providing procedures to notify the |
| 13 | landlord; providing for liability for payment of rent and |
| 14 | other unpaid amounts owed by certain tenants excluded from |
| 15 | the dwelling unit; providing when a tenancy terminates for |
| 16 | purposes of determining rent and amount owed; requiring a |
| 17 | landlord to change door and other locks of the dwelling |
| 18 | unit of a victim of domestic violence, dating violence, |
| 19 | repeat violence, or sexual violence under certain |
| 20 | circumstances within a specified period; requiring the |
| 21 | protected tenant to pay the costs of changing the door and |
| 22 | other locks of the dwelling unit; prohibiting waiver of |
| 23 | the provisions of the act; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Paragraph (e) of subsection (2) of section |
| 28 | 83.51, Florida Statutes, is amended to read: |
| 29 | 83.51 Landlord's obligation to maintain premises.-- |
| 30 | (2) |
| 31 | (e)1. Nothing contained in this subsection prohibits the |
| 32 | landlord from providing in the rental agreement that the tenant |
| 33 | is obligated to pay costs or charges for garbage removal, water, |
| 34 | fuel, or utilities. |
| 35 | 2. A landlord who provides utilities services to a tenant |
| 36 | by opening an account with a utility company under the owner or |
| 37 | landlord's name and who then receives payment for such services |
| 38 | from a tenant is permitted to terminate the utilities services |
| 39 | account when the tenant has not paid the bill for such utilities |
| 40 | within 60 days after providing a copy of the bill to the tenant. |
| 41 | Section 2. Section 83.683, Florida Statutes, is created to |
| 42 | read: |
| 43 | 83.683 Prohibiting discrimination against victims of |
| 44 | domestic violence, dating violence, repeat violence, or sexual |
| 45 | violence; permitting early termination of rental agreement and |
| 46 | changing of locks.-- |
| 47 | (1) DEFINITIONS.--As used in this section, the term: |
| 48 | (a) "Dating violence" has the same meaning as provided in |
| 49 | s. 784.046(1). |
| 50 | (b) "Domestic violence" has the same meaning as provided |
| 51 | in s. 741.28. |
| 52 | (c) "Family or household member" has the same meaning as |
| 53 | provided in s. 741.28. |
| 54 | (d) "Repeat violence" has the same meaning as provided in |
| 55 | s. 784.046(1). |
| 56 | (e) "Sexual violence" has the same meaning as provided in |
| 57 | s. 784.046(1). |
| 58 | (2) VICTIM PROTECTION; NONDISCRIMINATION.--A landlord may |
| 59 | not terminate a tenancy, fail to renew a tenancy, refuse to |
| 60 | enter into a rental agreement, or otherwise retaliate in the |
| 61 | rental of a dwelling unit because: |
| 62 | (a) The tenant, applicant, or a household member is a |
| 63 | victim of domestic violence, dating violence, repeat violence, |
| 64 | or sexual violence; |
| 65 | (b) The tenant or applicant terminated a rental agreement |
| 66 | due to domestic violence, dating violence, repeat violence, or |
| 67 | sexual violence as provided in subsection (4); |
| 68 | (c) The tenant or applicant had a previous rental |
| 69 | agreement terminated for failure to comply with a provision of |
| 70 | the rental agreement, including calls to law enforcement or |
| 71 | emergency personnel, destruction or impairment of the dwelling |
| 72 | unit or the landlord's property, disturbing the tenant's |
| 73 | neighbors, breach of the peace, or any other provision when such |
| 74 | noncompliance occurred because the tenant or a household member |
| 75 | was a victim of domestic violence, dating violence, repeat |
| 76 | violence, or sexual violence as evidenced by law enforcement |
| 77 | reports or criminal or civil court records; or |
| 78 | (d) An existing tenant fails to comply with a provision of |
| 79 | the rental agreement, including calls to law enforcement or |
| 80 | emergency personnel, destruction or impairment of the dwelling |
| 81 | unit or the landlord's property, disturbing the tenant's |
| 82 | neighbors, breach of the peace, or any other provision when such |
| 83 | noncompliance occurred because the tenant or a household member |
| 84 | is a victim of domestic violence, dating violence, repeat |
| 85 | violence, or sexual violence as evidenced by law enforcement |
| 86 | reports or criminal or civil court records. |
| 87 | (3) EARLY TERMINATION OF A RENTAL AGREEMENT BY A VICTIM OF |
| 88 | DOMESTIC VIOLENCE, DATING VIOLENCE, REPEAT VIOLENCE, OR SEXUAL |
| 89 | VIOLENCE.-- |
| 90 | (a) A tenant protected by this subsection may terminate |
| 91 | his or her rental agreement for a dwelling unit by providing the |
| 92 | landlord with a written notice of termination to be effective on |
| 93 | a date stated in the notice that is at least 30 days after the |
| 94 | landlord receives the written notice of termination. The notice |
| 95 | to the landlord must be accompanied by: |
| 96 | 1. A copy of a final injunction for protection against |
| 97 | domestic violence issued by a court pursuant to s. 741.30 or a |
| 98 | copy of a final injunction for protection against repeat |
| 99 | violence, sexual violence, or dating violence issued by a court |
| 100 | pursuant to s. 784.046; |
| 101 | 2. A law enforcement report documenting an incident of |
| 102 | domestic violence, dating violence, repeat violence, or sexual |
| 103 | violence within 60 days after providing the notice; or |
| 104 | 3. An order of no contact entered by a court in a criminal |
| 105 | case where the defendant was charged with a crime relating to |
| 106 | domestic violence, dating violence, repeat violence, or sexual |
| 107 | violence. |
| 108 | (b) After terminating a rental agreement, the tenant who |
| 109 | is released from the rental agreement under paragraph (a) is |
| 110 | liable to the landlord for the rent for the full month due in |
| 111 | which the rental agreement terminates and an additional amount |
| 112 | equal to one month's rent. The tenant is relieved of any other |
| 113 | contractual obligation for payment of rent or any other charges |
| 114 | for the remaining term of the rental agreement, except as |
| 115 | provided in this section. |
| 116 | (c) This section does not affect a tenant's liability |
| 117 | for delinquent, unpaid rent or other amounts owed to the |
| 118 | landlord before the rental agreement was terminated by the |
| 119 | tenant under this section. |
| 120 | (d) The tenancy terminates, including the right of |
| 121 | possession of the premises, on the termination date stated in |
| 122 | the notice under paragraph (a). The amount equal to one |
| 123 | month's rent must be paid on or before the termination of the |
| 124 | tenancy for the tenant to be relieved of the contractual |
| 125 | obligations for the remaining term of the rental agreement as |
| 126 | provided in this section. |
| 127 | (e) If, pursuant to this section, a tenant terminates the |
| 128 | rental agreement 14 days or more before he or she initially |
| 129 | occupies the dwelling unit, the tenant is not liable for any |
| 130 | damages or penalties. |
| 131 | (f) The tenancy shall continue for any remaining tenants |
| 132 | residing in the dwelling unit who are parties to the rental |
| 133 | agreement. Any tenant who has been excluded from the dwelling |
| 134 | unit pursuant to a civil injunction for protection issued |
| 135 | pursuant to chapter 741 or chapter 784, or is the perpetrator in |
| 136 | the law enforcement report or the defendant in the criminal no- |
| 137 | contact order as provided in paragraph (a), and those remaining |
| 138 | tenants remain liable under the rental agreement for rent or |
| 139 | damages to the dwelling unit. |
| 140 | (4) VICTIM PROTECTION; CHANGING DOOR AND OTHER LOCKS.-- |
| 141 | (a) If the perpetrator of domestic violence, dating |
| 142 | violence, repeat violence, or sexual violence is not a tenant in |
| 143 | the same dwelling unit as the victim, the tenant who is the |
| 144 | victim may give oral or written notice to the landlord that he |
| 145 | or she is a victim of domestic violence, dating violence, repeat |
| 146 | violence, or sexual violence as evidenced by law enforcement |
| 147 | reports or court orders and may request that the door and other |
| 148 | locks to the dwelling unit be changed. A landlord who receives a |
| 149 | request under this paragraph must change the door and other |
| 150 | locks to the protected tenant's dwelling unit or give the |
| 151 | protected tenant permission to change the door and other locks |
| 152 | within 72 hours. |
| 153 | (b) If the perpetrator of domestic violence, dating |
| 154 | violence, repeat violence, or sexual violence is a tenant in the |
| 155 | same dwelling unit as the victim, the tenant who is the victim |
| 156 | may give oral or written notice to the landlord that the tenant |
| 157 | is a victim of domestic violence, dating violence, repeat |
| 158 | violence, or sexual violence and may request that the door and |
| 159 | other locks to the dwelling unit be changed. Before the landlord |
| 160 | or tenant changes the door and other locks under this paragraph, |
| 161 | the tenant must provide the landlord with a copy of a civil or |
| 162 | criminal court order excluding the tenant who is the perpetrator |
| 163 | from the dwelling unit. A landlord who receives a request to |
| 164 | change the door and other locks to the tenant's dwelling unit |
| 165 | under this paragraph must change the door and other locks within |
| 166 | 48 hours. |
| 167 | (c) The tenant who is the victim shall bear the expense of |
| 168 | changing the door and other locks. If a landlord fails to act |
| 169 | within the required time, the tenant may change the door and |
| 170 | other locks without the landlord's permission. If the tenant |
| 171 | changes the locks, the tenant must give a key to the new locks |
| 172 | to the landlord within 48 hours after the door and other locks |
| 173 | are changed. |
| 174 | (d) If a landlord has been provided with a civil or |
| 175 | criminal court order excluding the tenant who was the |
| 176 | perpetrator of domestic violence, dating violence, repeat |
| 177 | violence, or sexual violence from the dwelling unit, the |
| 178 | landlord may not grant the excluded tenant access to the |
| 179 | dwelling unit, provide keys to the excluded tenant, or provide |
| 180 | the excluded tenant access to the respondent's personal property |
| 181 | within the dwelling unit. If the excluded tenant has a court |
| 182 | order allowing the excluded tenant to return to the dwelling |
| 183 | unit to retrieve personal property, the landlord may grant him |
| 184 | or her access to the dwelling unit. If a landlord complies with |
| 185 | this paragraph, the landlord is not liable for civil damages to |
| 186 | an excluded tenant from the dwelling unit, for loss of use of |
| 187 | the dwelling unit, or for loss of use or damage to the excluded |
| 188 | tenant's personal property. |
| 189 | (e) Nothing in this subsection shall be construed to |
| 190 | relieve the excluded tenant of any obligation under a lease |
| 191 | agreement or any other liability to the landlord. |
| 192 | (5) NONWAIVER OF RENTAL TERMS.--Pursuant to s. 83.47, the |
| 193 | provisions of this section may not be waived or modified by |
| 194 | agreement of the parties. |
| 195 | Section 3. This act shall take effect July 1, 2009. |