| 1 | A bill to be entitled |
| 2 | An act relating to termination of residential rental |
| 3 | agreements by violence victims; creating s. 83.683, F.S.; |
| 4 | providing definitions; providing for early lease |
| 5 | termination if a victim of domestic violence, repeat |
| 6 | violence, sexual violence, or dating violence elects to |
| 7 | leave a residential rental property; providing |
| 8 | requirements for termination; providing that a residential |
| 9 | lease agreement may not waive or modify certain rights of |
| 10 | victims; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 83.683, Florida Statutes, is created to |
| 15 | read: |
| 16 | 83.683 Termination of rental agreement by a victim of |
| 17 | domestic violence, repeat violence, sexual violence, or dating |
| 18 | violence.-- |
| 19 | (1) As used in this section, the term: |
| 20 | (a) "Permanent injunction" means an injunction for |
| 21 | protection against domestic violence, pursuant to s. 741.30(6), |
| 22 | or an injunction for protection against repeat violence, sexual |
| 23 | violence, or dating violence, pursuant to s. 784.046(7), |
| 24 | regardless of whether a motion for rehearing or a notice of |
| 25 | appeal is possible or filed. |
| 26 | (b) "Victim" means an adult, or the parent or guardian of |
| 27 | a minor, who has been granted a permanent injunction against |
| 28 | domestic violence, as defined in s. 741.28, or who has been |
| 29 | granted a permanent injunction against sexual violence, dating |
| 30 | violence, or acts of repeat violence, as defined in s. 784.046, |
| 31 | and who has been granted exclusive possession of a dwelling unit |
| 32 | that is otherwise subject to this part. |
| 33 | (2) A victim may elect to terminate a rental agreement and |
| 34 | vacate a dwelling unit, provided the victim provides the |
| 35 | landlord with a copy of the permanent injunction within 15 days |
| 36 | after issuance of the injunction, together with written notice |
| 37 | of the victim's intent to terminate the lease. The victim must |
| 38 | vacate the dwelling unit on the earliest of the date that the |
| 39 | lease expires on its own terms, termination of the lease by |
| 40 | operation of law, or 30 days after giving notice to the |
| 41 | landlord. The victim's obligations under the lease shall end on |
| 42 | the earlier of 30 days after giving notice to the landlord |
| 43 | pursuant to this subsection or the date that the lease expires |
| 44 | on its own terms. The landlord shall give the notice required by |
| 45 | s. 83.49 to each tenant, but any money required to be returned |
| 46 | under that section shall be paid solely to the victim. |
| 47 | (3) The provisions of this section may not be waived or |
| 48 | modified by the agreement of the parties. |
| 49 | (4) This section applies to all rental agreements subject |
| 50 | to this part and executed on or after July 1, 2005. |
| 51 | Section 2. This act shall take effect July 1, 2005. |