Bill Text: FL S0786 | 2010 | Regular Session | Introduced
Bill Title: Residential Tenancies [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S0786 Detail]
Download: Florida-2010-S0786-Introduced.html
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.
