Florida Senate - 2010 SB 786
By Senator Rich
34-00523A-10 2010786__
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
4 from refusing to enter into a rental agreement with a
5 person for a dwelling unit because the person is a
6 victim of domestic violence, dating violence, repeat
7 violence, or sexual violence; prohibiting a landlord
8 from refusing to enter into a rental agreement with a
9 victim of domestic violence, dating violence, repeat
10 violence, or sexual violence because the person
11 previously terminated a rental agreement or had a
12 rental agreement terminated as the result of domestic
13 violence, dating violence, repeat violence, or sexual
14 violence; providing procedures and authorizing
15 liquidated damages for early termination of a lease by
16 a victim of domestic violence, dating violence, repeat
17 violence, or sexual violence; requiring a landlord to
18 change or authorize a tenant to change the locks on
19 the tenant’s dwelling unit under certain
20 circumstances; preserving a landlord’s right to
21 exclude certain persons from the landlord’s property
22 or to terminate or refuse to enter into a rental
23 agreement with a person based on the person’s
24 creditworthiness or criminal history; providing a
25 landlord with immunity for certain actions;
26 prohibiting waiver of certain statutory rights;
27 providing for application; providing an effective
28 date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Section 83.683, Florida Statutes, is created to
33 read:
34 83.683 Protection of victims of domestic violence, dating
35 violence, repeat violence, or sexual violence.—
36 (1) DEFINITIONS.—As used in this section, the term:
37 (a) “Dating violence” has the same meaning as provided in
38 s. 784.046.
39 (b) “Domestic violence” has the same meaning as provided in
40 s. 741.28.
41 (c) “Repeat violence” has the same meaning as provided in
42 s. 784.046.
43 (d) “Sexual violence” has the same meaning as provided in
44 s. 784.046.
45 (2) VICTIM PROTECTION DURING APPLICATION FOR A RENTAL
46 HOUSING UNIT AND DURING TENANCY.—A landlord may not refuse to
47 enter into a rental agreement for a dwelling unit solely because
48 the applicant or a household member of the applicant is a victim
49 of domestic violence, dating violence, repeat violence, or
50 sexual violence, if the applicant provides the landlord at the
51 time of application for rental housing with:
52 (a) A written confirmation from a domestic violence center
53 certified under chapter 39, or a rape crisis center as defined
54 in s. 794.055, issued within 30 days before the date of the
55 application for rental housing which states that the applicant
56 is a victim of domestic violence, dating violence, repeat
57 violence, or sexual violence;
58 (b) A certified copy of a police report documenting an
59 incident of domestic violence, dating violence, repeat violence,
60 or sexual violence against the applicant or a household member
61 of the applicant;
62 (c) A certified copy of an order of no contact or a
63 criminal conviction entered by a court in a criminal case in
64 which the defendant was charged with a crime relating to
65 domestic violence, dating violence, repeat violence, or sexual
66 violence against the applicant or a household member of the
67 applicant; or
68 (d) A certified copy of a final injunction for protection
69 against domestic violence, dating violence, repeat violence, or
70 sexual violence issued to the applicant or a household member of
71 the applicant.
72 (3) ADDITIONAL VICTIM PROTECTIONS.—
73 (a) A landlord may not refuse to enter into a rental
74 agreement for a dwelling unit solely because the applicant
75 previously terminated a rental agreement due to domestic
76 violence, dating violence, repeat violence, or sexual violence,
77 as provided in subsection (4), if the applicant provides the
78 landlord with a copy of the court document that was used as the
79 basis for the previous lease termination.
80 (b) A landlord may not refuse to enter into a rental
81 agreement solely because a landlord terminated a previous rental
82 agreement of the applicant for breaching a provision of the
83 rental agreement, if such breach of the agreement occurred
84 because the applicant or a household member of the applicant was
85 a victim of domestic violence, dating violence, repeat violence,
86 or sexual violence as evidenced by reports of a law enforcement
87 agency or criminal or civil court records.
88 (c) A landlord may not terminate a rental agreement solely
89 because a tenant or a household member of the tenant breached a
90 provision of the rental agreement, if such breach of the
91 agreement occurred because the tenant or a household member of
92 the tenant was a victim of domestic violence, dating violence,
93 repeat violence, or sexual violence as evidenced by reports of a
94 law enforcement agency or criminal or civil court records.
95 (4) PROCEDURE FOR EARLY TERMINATION OF A RENTAL AGREEMENT.
96 A tenant who is or who has a household member who is a victim of
97 domestic violence, dating violence, repeat violence, or sexual
98 violence may terminate his or her rental agreement for a
99 dwelling unit before the date specified in the agreement by
100 providing the landlord with:
101 (a) A written notice of termination to be effective on the
102 date stated in the notice, which must be at least 30 days after
103 the date the landlord receives the notice; and
104 (b)1. A certified copy of a final injunction for protection
105 against domestic violence, dating violence, repeat violence, or
106 sexual violence issued to the tenant or a household member of
107 the tenant; or
108 2. A certified copy of an order of no contact or a criminal
109 conviction entered by a court in a criminal case in which the
110 defendant was charged with a crime relating to domestic
111 violence, dating violence, repeat violence, or sexual violence
112 against the tenant or a household member of the tenant.
113 (5) DAMAGES FOR EARLY TERMINATION OF A RENTAL AGREEMENT.—
114 (a) A tenant who terminates his or her rental agreement
115 pursuant to subsection (4) is liable to the landlord for:
116 1. Liquidated damages in an amount equal to 1 month’s rent
117 or that portion of 1 month’s rent which the tenant would be
118 liable for if the tenant is a cotenant under the rental
119 agreement;
120 2. Unpaid rent and other accrued charges through the end of
121 the month in which the landlord takes possession of the dwelling
122 unit;
123 3. Any rental agreement concessions provided by the
124 landlord; and
125 4. Charges for damages to the dwelling unit.
126 (b) A cotenant or cotenants to a rental agreement remain
127 bound by the agreement after a tenant terminates his or her
128 rental agreement pursuant to subsection (4). The landlord may
129 terminate the rental agreement for any cotenant who is the
130 perpetrator of domestic violence, dating violence, repeat
131 violence, or sexual violence and named in the final injunction
132 for protection, no contact order, or criminal conviction,
133 notwithstanding any provision of this part to the contrary
134 requiring certain grounds for termination of a tenancy or for
135 eviction.
136 (6) ACCESS TO A DWELLING UNIT.—
137 (a) A landlord shall change the locks on all exterior doors
138 of a dwelling unit within 72 hours after a request by a tenant,
139 or permit the tenant to install new locks, if:
140 1. The tenant provides the landlord with a copy of a court
141 order that grants the tenant possession of the dwelling unit to
142 the exclusion of one or more cotenants, prohibits one or more
143 cotenants from contact with the tenant or a household member of
144 the tenant, or prohibits a person who is not a cotenant from
145 contact with the tenant or a household member of the tenant;
146 2. The tenant agrees to bear the expense of changing the
147 locks; and
148 3. Changing the locks will not permanently damage the
149 dwelling unit.
150 (b) A landlord who permits a tenant to replace a lock may
151 require the tenant to provide the landlord with a copy of the
152 key to the lock.
153 (7) LANDLORD RIGHTS PRESERVED.—This section does not
154 restrict the right of a landlord to:
155 (a) Exclude without cause from the landlord’s property or a
156 tenant’s dwelling unit a person or persons identified as
157 perpetrators of domestic violence, dating violence, repeat
158 violence, or sexual violence in a police report, no contact
159 order, or a final injunction for protection against domestic
160 violence, dating violence, repeat violence, or sexual violence;
161 (b) Terminate a rental agreement for a tenant’s failure to
162 comply with this chapter; or
163 (c) Refuse to enter into a rental agreement based on a
164 person’s creditworthiness or criminal history.
165 (8) LIMITATION OF LANDLORD’S LIABILITY.—A landlord is not
166 liable for damages for injuries arising from the landlord’s
167 attempt to comply with this section in good faith.
168 (9) WAIVER OF RIGHTS NOT PERMITTED.—The protections for
169 victims provided by this section may not be waived or modified
170 by agreement.
171 Section 2. This act shall take effect July 1, 2010, and
172 applies to rental agreements executed or renewed on or after
173 that date.