Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 596 Barcode 483240 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/01/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Deutch) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 83.683, Florida Statutes, is created to 6 read: 7 83.683 Protection of victims of domestic violence, dating 8 violence, repeat violence, or sexual violence.— 9 (1) DEFINITIONS.—As used in this section, the term: 10 (a) “Dating violence” has the same meaning as provided in 11 s. 784.046. 12 (b) “Domestic violence” has the same meaning as provided in 13 s. 741.28. 14 (c) “Repeat violence” has the same meaning as provided in 15 s. 784.046. 16 (d) “Sexual violence” has the same meaning as provided in 17 s. 784.046. 18 (2) VICTIM PROTECTION DURING APPLICATION FOR A RENTAL 19 HOUSING UNIT.— 20 (a) A landlord may not refuse to enter into a rental 21 agreement for a dwelling unit solely because the applicant or a 22 household member of the applicant is a victim of domestic 23 violence, dating violence, repeat violence, or sexual violence, 24 if the applicant provides the landlord at the time of 25 application for rental housing a certification from a domestic 26 violence center certified under chapter 39, issued within 30 27 days before the date of the application for rental housing. The 28 certification shall include: 29 1. Confirmation that the applicant or the household member 30 of the applicant received services from the domestic violence 31 center; and 32 2. One of the following: 33 a. A certified copy of a police report documenting the 34 incident of domestic violence, dating violence, repeat violence 35 or sexual violence against the applicant or a household member 36 of the applicant; 37 b. A certified copy of an order of “no contact” entered by 38 a court in a criminal case in which the defendant was charged 39 with a crime relating to domestic violence, dating violence, 40 repeat violence, or sexual violence against the applicant or a 41 household member of the applicant; 42 c. A certified copy of a final injunction for protection 43 against domestic violence, dating violence, repeat violence, or 44 sexual violence issued to the applicant or a household member of 45 the applicant. 46 (b) A landlord may not refuse to enter into a rental 47 agreement for a dwelling unit solely because the applicant 48 previously terminated a rental agreement due to domestic 49 violence, dating violence, repeat violence, or sexual violence, 50 as provided in subsection (3). The applicant shall provide to 51 the landlord a copy of the final injunction for protection or 52 criminal no contact order that was used as a basis for the 53 previous lease termination. 54 (c) As a condition for approval of applicant and continued 55 tenancy, landlord has the right to exclude without cause from 56 the community and applicant’s dwelling unit the person or 57 persons who are the perpetrators of domestic violence, dating 58 violence, repeat violence, or sexual violence named in the 59 police report or no contact order, or who are the respondents in 60 the final injunction for protection against domestic violence, 61 dating violence, repeat violence, or sexual violence. 62 (d) This section does not limit the landlord’s right to 63 otherwise terminate the rental agreement for the failure to 64 comply with this chapter or refuse to enter into a rental 65 agreement if the applicant does not meet the landlord’s 66 creditworthiness criteria or criminal background criteria. 67 (3) PROCEDURE FOR EARLY TERMINATION OF A RENTAL AGREEMENT. 68 A tenant who is or who has a household member who is a victim of 69 domestic violence, dating violence, repeat violence, or sexual 70 violence may terminate his or her rental agreement for a 71 dwelling unit before the date specified in the agreement by 72 providing the landlord with: 73 (a) A written notice of termination to be effective on the 74 date stated in the notice, which must be at least 30 days after 75 the date the landlord receives the notice; and 76 (b)1. A certified copy of a final injunction for protection 77 against domestic violence, dating violence, repeat violence, or 78 sexual violence issued to the tenant or a household member of 79 the tenant; or 80 2. A certified copy of an order of “no contact” entered by 81 a court in a criminal case in which the defendant was charged 82 with a crime relating to domestic violence, dating violence, 83 repeat violence, or sexual violence against the tenant or 84 household member of the tenant. 85 (4) DAMAGES FOR EARLY TERMINATION OF A RENTAL AGREEMENT.— 86 (a) A tenant who terminates his or her rental agreement 87 pursuant to subsection (3) is liable to the landlord for: 88 1. Liquidated damages in an amount equal to one month’s 89 rent. 90 2. Unpaid rent and other accrued charges through the end of 91 the month in which the landlord takes possession of the dwelling 92 unit. 93 3. Any rental agreement concessions provided by the 94 landlord. 95 4. Charges for damages to the dwelling unit. 96 (b) A cotenant or cotenants to a rental agreement remain 97 bound by the agreement after a tenant terminates his or her 98 rental agreement pursuant to subsection (3). The landlord may, 99 at the landlord’s option, terminate the rental agreement for any 100 cotenant who is the perpetrator of domestic violence, dating 101 violence, repeat violence, or sexual violence named in the final 102 injunction for protection or no contact order, notwithstanding 103 any provision of this part to the contrary requiring certain 104 grounds for termination of a tenancy or for eviction. 105 (5) ACCESS TO A DWELLING UNIT.—A tenant who has obtained an 106 order from a court that grants a tenant possession of the 107 dwelling unit to the exclusion of one or more co-tenants, or 108 prohibits one or more cotenants from contact with the tenant or 109 a household member of the tenant, or prohibits a person who is 110 not a cotenant from contact with the tenant or a household 111 member of the tenant, may provide the landlord with a copy of 112 that court order and require that the landlord either install 113 new locks on all exterior doors of the dwelling unit at the 114 tenant’s expense within 72 hours of written notice, or permit 115 the tenant to install new locks, provided that the tenant’s 116 installation of the new locks does no permanent damage to any 117 part of the dwelling unit and the tenant provides a duplicate 118 copy of all keys to the landlord. 119 (6) LIMITATION OF LANDLORD’S LIABILITY 120 (a) A landlord is not liable for damages or injury arising 121 from the landlord’s compliance or good faith attempt to comply 122 with this section. 123 (7) WAIVER OF RIGHTS NOT PERMITTED.—The provisions of this 124 section may not be waived or modified by agreement. 125 Section 2. This act shall take effect July 1, 2009, and 126 applies to rental agreements executed on or after that date. 127 128 ================= T I T L E A M E N D M E N T ================ 129 And the title is amended as follows: 130 131 Delete everything before the enacting clause 132 and insert: 133 134 A bill to be entitled 135 An act relating to residential tenancies; creating s. 136 83.683, F.S.; providing definitions; prohibiting 137 landlords from discriminating against or retaliating 138 against victims of domestic violence, dating violence, 139 repeat violence, or sexual violence; authorizing 140 certain victims to terminate a rental agreement before 141 the end of the rental period; limiting damages for 142 early termination; requiring a landlord to change a 143 lock or authorize the tenant to change a lock under 144 certain circumstances; requiring the tenant to bear 145 the cost of changing a lock; requiring that the tenant 146 provide a key to a changed lock to the landlord; 147 prohibiting a landlord from providing access to a 148 dwelling unit to a tenant who has been excluded from 149 the dwelling unit by court order; providing a landlord 150 with immunity for certain actions; prohibiting waiver 151 of certain statutory rights; providing for 152 application; providing an effective date.