| 1 | The Justice Council recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to residential tenancies; creating s. |
| 7 | 83.683, F.S.; providing definitions; providing for early |
| 8 | lease termination if a victim of domestic violence, repeat |
| 9 | violence, sexual violence, or dating violence elects to |
| 10 | leave a residential rental property; providing |
| 11 | requirements for termination; requiring the victim to |
| 12 | comply with any criminal investigation and prosecution |
| 13 | related to such offenses; providing that a residential |
| 14 | lease shall continue in all terms and conditions for all |
| 15 | tenants except the victim; providing that all tenants, |
| 16 | including the victim and respondent, are responsible for |
| 17 | damage to the property exceeding ordinary wear and tear, |
| 18 | except that the respondent shall be responsible for the |
| 19 | costs of damage resulting from any incident of domestic |
| 20 | violence; providing for repossession by the landlord in |
| 21 | case of abandonment by other tenants; providing that an |
| 22 | agreement between the victim and the respondent may not |
| 23 | waive or modify certain rights of victims; providing |
| 24 | applicability; amending s. 83.59, F.S.; providing |
| 25 | conditions under which a landlord may reclaim possession |
| 26 | of a dwelling unit after the tenant has died; amending s. |
| 27 | 83.595, F.S.; allowing a rental agreement to provide for |
| 28 | liquidated damages upon breach and for a fee for the |
| 29 | tenant to obtain an early termination of the rental |
| 30 | agreement in certain circumstances; providing an effective |
| 31 | date. |
| 32 |
|
| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
|
| 35 | Section 1. Section 83.683, Florida Statutes, is created to |
| 36 | read: |
| 37 | 83.683 Termination of a rental agreement by a victim of |
| 38 | domestic violence, repeat violence, sexual violence, or dating |
| 39 | violence.-- |
| 40 | (1) As used in this section, the term: |
| 41 | (a) "Permanent injunction" means an injunction for |
| 42 | protection against domestic violence, issued under s. 741.30(6), |
| 43 | or an injunction for protection against repeat violence, sexual |
| 44 | violence, or dating violence, issued under s. 784.046(7), |
| 45 | regardless of whether a motion for rehearing or a notice of |
| 46 | appeal is filed. |
| 47 | (b) "Respondent" means a person against whom a permanent |
| 48 | injunction for protection against domestic violence under s. |
| 49 | 741.30(6) or a permanent injunction for protection against |
| 50 | repeat violence, sexual violence, or dating violence under s. |
| 51 | 784.046(7) has been issued. |
| 52 | (c) "Victim" means an adult, or the parent or guardian of |
| 53 | a minor, who has been granted a permanent injunction against |
| 54 | domestic violence, as defined in s. 741.28(2), or who has been |
| 55 | granted a permanent injunction against sexual violence, dating |
| 56 | violence, or acts of repeat violence, as defined in s. 784.046. |
| 57 | (d) "Conviction" has the same meaning as in s. 921.0021. |
| 58 | (2)(a) A victim may elect to terminate a rental agreement |
| 59 | and vacate the dwelling unit if the victim gives the landlord |
| 60 | written notice of the victim's intent to terminate the lease and |
| 61 | a copy of the permanent injunction. The victim must give the |
| 62 | landlord the notice and copy of the injunction no later than 15 |
| 63 | days after the injunction is entered. |
| 64 | (b) The victim must report the incident of domestic |
| 65 | violence, as defined in s. 741.28(2), or sexual violence, dating |
| 66 | violence, or acts of repeat violence, as defined in s. 784.046, |
| 67 | to the appropriate authorities and must comply with any criminal |
| 68 | investigation and prosecution of any such incident, including |
| 69 | testifying truthfully at a criminal trial. If the victim |
| 70 | complies with the criminal investigation and prosecution and the |
| 71 | respondent is convicted, the respondent shall be liable for the |
| 72 | entire amount of liquidated damages pursuant to s. 83.595(1)(d), |
| 73 | the respondent shall reimburse the victim for any amount the |
| 74 | victim has paid pursuant to s. 83.595(1)(d), and subsection (3) |
| 75 | shall apply. If the respondent is not convicted, subsection (3) |
| 76 | shall apply. |
| 77 | (c) The victim must vacate the dwelling unit on the date |
| 78 | the lease expires or 30 days after the landlord receives notice |
| 79 | of the termination, whichever comes first. |
| 80 | (d) The landlord shall mail the notice required by s. |
| 81 | 83.49 to both the victim and the respondent. |
| 82 | (3) The lease or tenancy shall continue in all respects |
| 83 | subject to the terms and conditions of the lease or tenancy, |
| 84 | except that the victim shall be released from all future |
| 85 | obligations of the lease or tenancy; however, all tenants, |
| 86 | including the victim, the respondent, and other tenants, are |
| 87 | responsible for damages to the dwelling unit that exceed |
| 88 | ordinary wear and tear, excluding those damages incurred as a |
| 89 | result of any incident of domestic violence, sexual violence, |
| 90 | dating violence, or repeat violence, in which case the cost |
| 91 | shall be the sole responsibility of the respondent. Nothing in |
| 92 | this subsection shall be interpreted so as to impair the right |
| 93 | of any landlord to evict any tenant in accordance with any terms |
| 94 | and conditions of the lease or tenancy that provide for eviction |
| 95 | in the event of a tenant's participation in unlawful activity. |
| 96 | (4) If the respondent or any other tenant who is a party |
| 97 | to the rental agreement fails to retake possession of the |
| 98 | dwelling unit within 15 days after the date the victim gave the |
| 99 | landlord as the date the victim would vacate the dwelling unit |
| 100 | and the rent is unpaid, the dwelling unit shall be considered |
| 101 | abandoned and the landlord may retake possession and dispose of |
| 102 | any abandoned property in any way the landlord sees fit. |
| 103 | (5) The provisions of this section may not be waived or |
| 104 | modified by agreement between the victim and the respondent. |
| 105 | (6) This section applies to all rental agreements subject |
| 106 | to this part and executed on or after July 1, 2005. |
| 107 | Section 2. Paragraph (d) is added to subsection (3) of |
| 108 | section 83.59, Florida Statutes, to read: |
| 109 | 83.59 Right of action for possession.-- |
| 110 | (3) The landlord shall not recover possession of a |
| 111 | dwelling unit except: |
| 112 | (d) When, 45 days after the date of death of the tenant, |
| 113 | the rent is unpaid and the landlord has not been notified of the |
| 114 | existence of a probate estate or name and address of a personal |
| 115 | representative. |
| 116 | Section 3. Subsection (1) of section 83.595, Florida |
| 117 | Statutes, is amended to read: |
| 118 | 83.595 Choice of remedies upon breach by tenant.-- |
| 119 | (1) If the tenant breaches the rental agreement lease for |
| 120 | the dwelling unit and the landlord has obtained a writ of |
| 121 | possession, or the tenant has surrendered possession of the |
| 122 | dwelling unit to the landlord, or the tenant has abandoned the |
| 123 | dwelling unit, the landlord may: |
| 124 | (a) Treat the rental agreement lease as terminated and |
| 125 | retake possession for his or her own account, thereby |
| 126 | terminating any further liability of the tenant; or |
| 127 | (b) Retake possession of the dwelling unit for the account |
| 128 | of the tenant, holding the tenant liable for the difference |
| 129 | between the rent rental stipulated to be paid under the rental |
| 130 | lease agreement and what, in good faith, the landlord is able to |
| 131 | recover from a reletting; or |
| 132 | (c) Stand by and do nothing, holding the lessee liable for |
| 133 | the rent as it comes due; or |
| 134 | (d) Obtain liquidated damages upon breach and a fee for |
| 135 | the tenant to obtain an early termination of the rental |
| 136 | agreement, or both, if such had been provided for in the rental |
| 137 | agreement, upon the tenant's giving the landlord notice as |
| 138 | provided in the rental agreement of up to 60 days. The landlord |
| 139 | shall treat such a rental agreement as terminated and charge the |
| 140 | tenant liquidated damages or the early termination fee as |
| 141 | specified in the rental agreement, equal to not more than 2 |
| 142 | months' rent, in addition to the unpaid rent and other charges |
| 143 | due under the rental agreement through the end of the month in |
| 144 | which the landlord retakes possession of the dwelling unit. In |
| 145 | such event, the remedies set forth in paragraphs (a), (b), and |
| 146 | (c) are not available to the landlord. This paragraph shall not |
| 147 | apply when the breach is a failure to give notice at the end of |
| 148 | the rental agreement as provided in s. 83.575. |
| 149 | Section 4. This act shall take effect July 1, 2005. |