Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 596
Barcode 483240
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2009 .
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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.