Senate Bill sb2166

    Florida Senate - 2005                                  SB 2166

    By Senator Rich





    34-1560A-05

  1                      A bill to be entitled

  2         An act relating to modification or termination

  3         of a residential rental agreement by a victim

  4         of domestic violence; creating s. 83.683, F.S.;

  5         providing definitions; providing for an early

  6         termination of a lease if a victim of domestic

  7         violence elects to leave a residential rental

  8         property under certain circumstances; providing

  9         that a residential lease agreement may not

10         waive or modify the rights of a victim;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 83.683, Florida Statutes, is

16  created to read:

17         83.683  Termination of a rental agreement by a victim

18  of domestic violence, repeat violence, sexual violence, or

19  dating violence.--

20         (1)  As used in this section the term:

21         (a)  "Permanent injunction" means an injunction for

22  protection against domestic violence, issued under s.

23  741.30(6), or an injunction for protection against repeat

24  violence, sexual violence, or dating violence, issued under s.

25  784.046(7), regardless of whether a motion for rehearing or a

26  notice of appeal is filed.

27         (b)  "Respondent" means a person against whom an

28  injunction for protection against domestic violence was issued

29  under s. 741.30, or an injunction for protection against

30  repeat violence, sexual violence, or dating violence, issued

31  under s. 784.046(7), has been issued.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2166
    34-1560A-05




 1         (c)  "Victim" means an adult, or the parent or guardian

 2  of a minor, who has been granted a permanent injunction

 3  against domestic violence, as defined in s. 741.28, or who has

 4  been granted a permanent injunction against sexual violence,

 5  dating violence, or acts of repeat violence, as defined in s.

 6  784.046, and who has been granted exclusive possession of a

 7  dwelling unit that is subject to this part.

 8         (2)(a)  A victim may elect to terminate a rental

 9  agreement and vacate the dwelling unit if the victim gives the

10  landlord written notice of the victim's intent to terminate

11  the lease and a copy of the permanent injunction. The victim

12  must give the landlord the notice and injunction no later than

13  15 days after the injunction is issued.

14         (b)  The victim must vacate the dwelling unit on the

15  date the lease expires by written agreement or operation of

16  law or 30 days after the landlord receives notice of the

17  termination, whichever comes first.

18         (c)  The landlord shall give the notice required by s.

19  83.49 to both the victim and the respondent.

20         (3)  This section may not be waived or modified by

21  agreement of the victim and respondent.

22         (4)  This section applies to all rental agreements

23  subject to this part and executed on or after July 1, 2005.

24         Section 2.  This act shall take effect July 1. 2005.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Provides for an early termination of a lease if a victim
      of domestic violence elects to leave a residential rental
29    property. Provides that a residential lease agreement may
      not waive or modify the rights of a victim.
30  

31  

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CODING: Words stricken are deletions; words underlined are additions.