Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2166
                        Barcode 773222
                            CHAMBER ACTION
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11  The Committee on Criminal Justice (Klein) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 83.683, Florida Statutes, is
19  created to read:
20         83.683  Termination of a rental agreement by a victim
21  of domestic violence, repeat violence, sexual violence, or
22  dating violence.--
23         (1)  As used in this section, the term:
24         (a)  "Permanent injunction" means an injunction for
25  protection against domestic violence, issued under s.
26  741.30(6), or an injunction for protection against repeat
27  violence, sexual violence, or dating violence, issued under s.
28  784.046(7), regardless of whether a motion for rehearing or a
29  notice of appeal is filed.
30         (b)  "Respondent" means a person against whom a
31  permanent injunction for protection against domestic violence
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    2:57 PM   04/05/05                             s2166d-cj30-c3t

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2166 Barcode 773222 1 was issued under s. 741.30, or permanent injunction for 2 protection against repeat violence, sexual violence, or dating 3 violence, issued under s. 784.046(7), has been issued. 4 (c) "Victim" means an adult, or the parent or guardian 5 of a minor, who has been granted a permanent injunction 6 against domestic violence, as defined in s. 741.28, or who has 7 been granted a permanent injunction against sexual violence, 8 dating violence, or acts of repeat violence, as defined in s. 9 784.046, and who has been granted exclusive possession by a 10 court of a dwelling unit that is subject to this part. 11 (2)(a) A victim may elect to terminate a rental 12 agreement and vacate the dwelling unit if the victim gives the 13 landlord written notice of the victim's intent to terminate 14 the lease and a copy of the permanent injunction. The victim 15 must give the landlord the notice and injunction no later than 16 15 days after the injunction is entered. 17 (b) The victim must vacate the dwelling unit on the 18 date the lease expires or 30 days after the landlord receives 19 notice of the termination, whichever comes first. 20 (c) The landlord shall mail the notice required by s. 21 83.49 to both the victim and the respondent. 22 (3) The lease or tenancy shall continue in all 23 respects subject to the terms and conditions of the lease 24 except that the victim shall be released from all future 25 obligations of the lease; however, all tenants including the 26 victim, the respondent, and other tenants are responsible for 27 damages that exceed ordinary wear and tear. 28 (4) If the respondent or any other tenant on the 29 rental agreement fails to retake possession of the premises 30 within 15 days after the date victim gave the landlord as the 31 date the victim would vacate the premises and the rent is 2 2:57 PM 04/05/05 s2166d-cj30-c3t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2166 Barcode 773222 1 unpaid, the premises shall be considered abandoned and the 2 landlord may retake possession and dispose of any abandoned 3 property in any way the landlord sees fit. 4 (5) This section may not be waived or modified by 5 agreement of the victim and respondent. 6 (6) This section applies to all rental agreements 7 subject to this part and executed on or after July 1, 2005. 8 Section 2. Subsection (3) of section 83.59, Florida 9 Statutes, is amended to read: 10 83.59 Right of action for possession.-- 11 (3) The landlord shall not recover possession of a 12 dwelling unit except: 13 (a) In an action for possession under subsection (2) 14 or other civil action in which the issue of right of 15 possession is determined; 16 (b) When the tenant has surrendered possession of the 17 dwelling unit to the landlord; or 18 (c) When the tenant has abandoned the dwelling unit. 19 In the absence of actual knowledge of abandonment, it shall be 20 presumed that the tenant has abandoned the dwelling unit if he 21 or she is absent from the premises for a period of time equal 22 to one-half the time for periodic rental payments. However, 23 this presumption shall not apply if the rent is current or the 24 tenant has notified the landlord, in writing, of an intended 25 absence; or. 26 (d) Forty-five days after the date of death of the 27 tenant, if the rent is unpaid and the landlord has not been 28 notified of the existence of a probate estate or the name and 29 address of a personal representative. 30 Section 3. This act shall take effect July 1, 2005. 31 3 2:57 PM 04/05/05 s2166d-cj30-c3t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2166 Barcode 773222 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to residential tenancies; 8 creating s. 83.683, F.S.; providing 9 definitions; providing for an early termination 10 of a lease if a victim of domestic violence, 11 sexual violence, dating violence, or repeat 12 violence elects to leave a residential rental 13 property under certain circumstances; providing 14 effect of such termination; providing 15 landlord's rights under such termination; 16 providing that the rights of a victim may not 17 be waived; amending s. 83.59, F.S.; prescribing 18 landlord's right to recover possession of a 19 dwelling unit upon the death of a tenant; 20 providing an effective date. 21 22 23 24 25 26 27 28 29 30 31 4 2:57 PM 04/05/05 s2166d-cj30-c3t