Florida Senate - 2021 SB 1102 By Senator Rodriguez 39-01403-21 20211102__ 1 A bill to be entitled 2 An act relating to early termination of rental 3 agreement by a crime victim; creating s. 83.676, F.S.; 4 defining terms; prohibiting a landlord from evicting a 5 tenant or terminating a rental agreement because the 6 tenant or the tenant’s minor child is a victim of 7 actual or threatened domestic violence, dating 8 violence, sexual violence, or stalking; specifying 9 that a rental agreement may not contain certain 10 provisions; authorizing a victim of such actual or 11 threatened violence or stalking to terminate a rental 12 agreement under certain circumstances; requiring 13 certain documentation and written notice to the 14 landlord; providing for liability for rent for both 15 the tenant and the perpetrator, if applicable; 16 specifying that a tenant does not forfeit certain 17 money paid to the landlord for terminating a rental 18 agreement under certain circumstances; requiring a 19 landlord to change the locks of a dwelling unit within 20 a specified timeframe under certain circumstances; 21 authorizing the tenant to change the locks of a 22 dwelling unit under certain circumstances; prohibiting 23 certain actions by a landlord under certain 24 circumstances; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 83.676, Florida Statutes, is created to 29 read: 30 83.676 Early termination of rental agreement by a victim of 31 domestic violence, dating violence, sexual violence, or 32 stalking; lock changing.— 33 (1) As used in this section, the term: 34 (a) “Dating violence” has the same meaning as in s. 35 784.046(1)(d). 36 (b) “Domestic violence” has the same meaning as in s. 37 741.28. 38 (c) “Sexual violence” has the same meaning as in s. 39 784.046(1)(c). 40 (d) “Stalking” has the same meaning as in s. 784.048. 41 (2) A landlord may not terminate a rental agreement or 42 evict a tenant for an incident involving actual or threatened 43 domestic violence, dating violence, sexual violence, or stalking 44 if the tenant or the tenant’s minor child is the victim of such 45 actual or threatened violence or stalking. A rental agreement 46 may not include a provision deeming that early termination of a 47 rental agreement because of an incident involving actual or 48 threatened domestic violence, dating violence, sexual violence, 49 or stalking, in which the tenant or the tenant’s minor child is 50 a victim and not the perpetrator, is a breach of the rental 51 agreement. 52 (3)(a) If a tenant or a tenant’s minor child is a victim of 53 actual or threatened domestic violence, dating violence, sexual 54 violence, or stalking during the term of a rental agreement, the 55 tenant may, without penalty, terminate the rental agreement at 56 any time by providing the landlord with written notice of the 57 tenant’s intent to terminate the rental agreement and to vacate 58 the premises because of such incident. The termination of the 59 rental agreement is effective immediately upon delivery of the 60 written notice and documentation specified in paragraph (b), if 61 applicable, to the landlord. 62 (b) Unless the landlord notifies the tenant that 63 documentation is not needed, a notice of termination from the 64 tenant required under paragraph (a) must be accompanied by 65 documentation verifying the tenant’s or the tenant’s minor 66 child’s status as a victim of actual or threatened domestic 67 violence, dating violence, sexual violence, or stalking and may 68 include: 69 1. A copy of an injunction for protection against domestic 70 violence, dating violence, sexual violence, or stalking issued 71 to the tenant as victim or as the parent of a minor victim; 72 2. A copy of an order of no contact or a criminal 73 conviction entered by a court in a criminal case in which the 74 defendant was charged with a crime relating to domestic 75 violence, dating violence, sexual violence, or stalking against 76 the tenant or the tenant’s minor child; 77 3. A written verification from a domestic violence center 78 certified under chapter 39 or a rape crisis center as defined in 79 s. 794.055 which states that the tenant or the tenant’s minor 80 child is a victim of actual or threatened domestic violence, 81 dating violence, sexual violence, or stalking; or 82 4. A copy of a law enforcement report documenting an 83 incident of actual or threatened domestic violence, dating 84 violence, sexual violence, or stalking against the tenant or the 85 tenant’s minor child. 86 (c) A notice of termination from the tenant required under 87 paragraph (a) must be provided by certified mail or hand 88 delivery to the landlord, a person authorized to receive notices 89 on behalf of the landlord under s. 83.50, a resident manager, or 90 the person or entity that collects the rent on behalf of the 91 landlord. 92 (d) If a rental agreement with a specific duration is 93 terminated by a tenant under this subsection less than 30 days 94 before the end of the rental agreement, the tenant is liable for 95 the rent for the remaining period of the rental agreement. If a 96 rental agreement with a specific duration is terminated by a 97 tenant under this subsection 30 or more days before the end of 98 the rental agreement, the tenant is liable for prorated rent for 99 a period of 30 days immediately following delivery of the notice 100 of termination. After compliance with this paragraph, the tenant 101 is released from any further obligation to pay rent, 102 concessions, damages, fees, or penalties, and the landlord is 103 not entitled to the remedies provided in s. 83.595. 104 (e) If a rental agreement is terminated by a tenant under 105 this subsection, the landlord must comply with s. 83.49(3). A 106 tenant who terminates a rental agreement under this subsection 107 does not forfeit any deposit money or advance rent paid to the 108 landlord. 109 (f) This subsection does not affect a tenant’s liability 110 for unpaid rent or other amounts owed to the landlord before the 111 termination of the rental agreement under this subsection. 112 (g) If the perpetrator of actual or threatened domestic 113 violence, dating violence, sexual violence, or stalking is also 114 a tenant under the same rental agreement as the tenant who is a 115 victim, or whose minor child is a victim, of such actual or 116 threatened violence or stalking, neither the perpetrator’s 117 liability for rent nor his or her other obligations under the 118 rental agreement are terminated under this subsection, and the 119 landlord is entitled to the rights and remedies provided by this 120 part against the perpetrator. 121 (4)(a) A tenant or a tenant’s minor child who is a victim 122 of actual or threatened domestic violence, dating violence, 123 sexual violence, or stalking and who wishes to remain in the 124 dwelling unit may make a written request to the landlord 125 accompanied by any one of the documents listed in paragraph 126 (3)(b), and the landlord shall, within 24 hours after receipt of 127 the request, change the locks of the tenant’s dwelling unit and 128 provide the tenant with a key to the new locks. 129 (b) If the landlord fails to change the locks within 24 130 hours, the tenant may change the locks without the landlord’s 131 permission, notwithstanding any contrary provision in the rental 132 agreement or other applicable rules or regulations imposed by 133 the landlord, if all of the following conditions have been met: 134 1. The locks are changed in like manner as if the landlord 135 had changed the locks, with locks of similar or better quality 136 than the original locks. 137 2. The landlord is notified within 24 hours after the 138 changing of the locks. 139 3. The landlord is provided a key to the new locks within a 140 reasonable time. 141 (c) If the locks are changed under this subsection, the 142 landlord is not liable to any person who does not have access to 143 the dwelling unit. 144 (5) A landlord may not refuse to enter into a rental 145 agreement for a dwelling unit, refuse to negotiate for the 146 rental of a dwelling unit, make a dwelling unit unavailable, or 147 retaliate in the rental of a dwelling unit because: 148 (a) The tenant, prospective tenant, or minor child of the 149 tenant or prospective tenant is a victim of actual or threatened 150 domestic violence, dating violence, sexual violence, or 151 stalking; or 152 (b) The tenant or prospective tenant has previously 153 terminated a rental agreement because of an incident involving 154 actual or threatened domestic violence, dating violence, sexual 155 violence, or stalking in which the tenant, prospective tenant, 156 or minor child of the tenant or prospective tenant was a victim. 157 158 However, the landlord may refuse to enter into a rental 159 agreement, negotiate for the rental of a dwelling unit, or make 160 a dwelling unit available if the tenant or prospective tenant 161 fails to comply with the landlord’s request for documentation of 162 an incident of actual or threatened domestic violence, dating 163 violence, sexual violence, or stalking that occurred before 164 termination of a prior rental agreement. A landlord’s request 165 for documentation is satisfied upon the tenant’s or prospective 166 tenant’s provision of any one of the documents listed in 167 paragraph (3)(b). 168 (6) All information provided to a landlord under 169 subsections (3), (4), and (5), including the fact that a tenant, 170 prospective tenant, or a tenant’s or prospective tenant’s minor 171 child is a victim of actual or threatened domestic violence, 172 dating violence, sexual violence, or stalking, and including the 173 tenant’s forwarding address, is confidential. The landlord may 174 not enter such information into any shared database or provide 175 the information to any other person or entity, except to the 176 extent such disclosure is: 177 (a) Made to a person specified in paragraph (3)(c) solely 178 for a legitimate business purpose; 179 (b) Requested, or consented to, in writing by the tenant or 180 the tenant’s legal guardian; 181 (c) Required for use in a judicial proceeding; or 182 (d) Otherwise required by law. 183 (7) A tenant or prospective tenant, on his or her own 184 behalf or on behalf of his or her minor child, may file a civil 185 action against a landlord for a violation of this section. A 186 landlord who violates subsection (5) or subsection (6) is 187 civilly liable to the victim for $1,000 for punitive damages, 188 actual and consequential damages, and court costs, including 189 reasonable attorney fees, unless the landlord can show that this 190 was the landlord’s first violation and the violation was not 191 committed in bad faith. Subsequent or repeated violations that 192 are not contemporaneous with the initial violation are subject 193 to separate awards of damages. 194 (8) The provisions of this section may not be waived or 195 modified by a rental agreement. 196 Section 2. This act shall take effect July 1, 2021.