| 1 | A bill to be entitled |
| 2 | An act relating to residential tenancies; creating s. |
| 3 | 83.683, F.S.; providing definitions; providing for an |
| 4 | early termination of a lease if a victim of domestic |
| 5 | violence, sexual violence, dating violence, or repeat |
| 6 | violence elects to leave a residential rental property |
| 7 | under certain circumstances; providing the effect of such |
| 8 | termination; prescribing responsibilities of parties; |
| 9 | providing the landlord's rights under such termination; |
| 10 | providing that the rights of a victim may not be waived or |
| 11 | modified; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 83.683, Florida Statutes, is created to |
| 16 | read: |
| 17 | 83.683 Termination of a rental agreement by a victim of |
| 18 | domestic violence, repeat violence, sexual violence, or dating |
| 19 | violence.-- |
| 20 | (1) As used in this section, the term: |
| 21 | (a) "Permanent injunction" means a final injunction for |
| 22 | protection against domestic violence, issued under s. 741.30(6), |
| 23 | or a final injunction for protection against repeat violence, |
| 24 | sexual violence, or dating violence, issued under s. 784.046(7), |
| 25 | regardless of whether a motion for rehearing or a notice of |
| 26 | appeal is filed. |
| 27 | (b) "Respondent" means a person against whom a permanent |
| 28 | injunction for protection against domestic violence, issued |
| 29 | under s. 741.30, or a permanent injunction for protection |
| 30 | against repeat violence, sexual violence, or dating violence, |
| 31 | issued under s. 784.046(7), has been issued. |
| 32 | (c) "Victim" means an adult or the parent or guardian of a |
| 33 | minor who has been granted a permanent injunction against |
| 34 | domestic violence, as defined in s. 741.28, or who has been |
| 35 | granted a permanent injunction against sexual violence, dating |
| 36 | violence, or acts of repeat violence, as defined in s. 784.046, |
| 37 | and who has been granted exclusive possession by a court of a |
| 38 | dwelling unit that is subject to this part. |
| 39 | (2)(a) A victim may elect to terminate a rental agreement |
| 40 | and vacate the dwelling unit if the victim gives the landlord |
| 41 | written notice of the victim's intent to terminate the lease and |
| 42 | a copy of the permanent injunction. The victim must give the |
| 43 | landlord the notice and injunction no later than 15 days after |
| 44 | the injunction is entered. |
| 45 | (b) The victim must vacate the dwelling unit on the date |
| 46 | the lease expires or within 30 days after the landlord receives |
| 47 | notice of the termination, whichever occurs first. |
| 48 | (c) The landlord shall mail the notice required by s. |
| 49 | 83.49(3)(a) to both the victim and the respondent. |
| 50 | (3) The lease or tenancy shall continue in all respects |
| 51 | under the terms and conditions of the lease except that the |
| 52 | victim shall be released from all future obligations of the |
| 53 | lease; however, all tenants, including the victim and the |
| 54 | respondent, are responsible for any damages that exceed ordinary |
| 55 | wear and tear, excluding those damages incurred as a result of |
| 56 | any incident of domestic abuse, in which case the cost shall be |
| 57 | the sole responsibility of the respondent. This subsection does |
| 58 | not impair the right of a landlord to evict the tenant in |
| 59 | accordance with terms and conditions that provide for eviction |
| 60 | if a tenant participates in unlawful activity. |
| 61 | (4) If the respondent or any other tenant who is entitled |
| 62 | to occupy the dwelling unit under the rental agreement fails to |
| 63 | retake possession of the premises within 15 days after the date |
| 64 | the victim gave the landlord as the date the victim would vacate |
| 65 | the premises and the rent is unpaid, the premises shall be |
| 66 | considered abandoned and the landlord may retake possession and |
| 67 | dispose of any abandoned property in any way the landlord sees |
| 68 | fit. |
| 69 | (5) This section may not be waived or modified by |
| 70 | agreement of the victim or the respondent. |
| 71 | (6) This section applies to all rental agreements that are |
| 72 | subject to this part and executed on or after July 1, 2007. |
| 73 | Section 2. This act shall take effect July 1, 2007. |