Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 596
       
       
       
       
       
       
                                Barcode 483240                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2009           .                                
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       The Committee on Criminal Justice (Deutch) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 83.683, Florida Statutes, is created to
    6  read:
    7         83.683Protection of victims of domestic violence, dating
    8  violence, repeat violence, or sexual violence.—
    9         (1)DEFINITIONS.—As used in this section, the term:
   10         (a)“Dating violence” has the same meaning as provided in
   11  s. 784.046.
   12         (b)“Domestic violence” has the same meaning as provided in
   13  s. 741.28.
   14         (c)“Repeat violence” has the same meaning as provided in
   15  s. 784.046.
   16         (d)“Sexual violence” has the same meaning as provided in
   17  s. 784.046.
   18         (2)VICTIM PROTECTION DURING APPLICATION FOR A RENTAL
   19  HOUSING UNIT.—
   20         (a)A landlord may not refuse to enter into a rental
   21  agreement for a dwelling unit solely because the applicant or a
   22  household member of the applicant is a victim of domestic
   23  violence, dating violence, repeat violence, or sexual violence,
   24  if the applicant provides the landlord at the time of
   25  application for rental housing a certification from a domestic
   26  violence center certified under chapter 39, issued within 30
   27  days before the date of the application for rental housing. The
   28  certification shall include:
   29         1.Confirmation that the applicant or the household member
   30  of the applicant received services from the domestic violence
   31  center; and
   32         2.One of the following:
   33         a.A certified copy of a police report documenting the
   34  incident of domestic violence, dating violence, repeat violence
   35  or sexual violence against the applicant or a household member
   36  of the applicant;
   37         b.A certified copy of an order of “no contact” entered by
   38  a court in a criminal case in which the defendant was charged
   39  with a crime relating to domestic violence, dating violence,
   40  repeat violence, or sexual violence against the applicant or a
   41  household member of the applicant;
   42         c.A certified copy of a final injunction for protection
   43  against domestic violence, dating violence, repeat violence, or
   44  sexual violence issued to the applicant or a household member of
   45  the applicant.
   46         (b)A landlord may not refuse to enter into a rental
   47  agreement for a dwelling unit solely because the applicant
   48  previously terminated a rental agreement due to domestic
   49  violence, dating violence, repeat violence, or sexual violence,
   50  as provided in subsection (3). The applicant shall provide to
   51  the landlord a copy of the final injunction for protection or
   52  criminal no contact order that was used as a basis for the
   53  previous lease termination.
   54         (c)As a condition for approval of applicant and continued
   55  tenancy, landlord has the right to exclude without cause from
   56  the community and applicant’s dwelling unit the person or
   57  persons who are the perpetrators of domestic violence, dating
   58  violence, repeat violence, or sexual violence named in the
   59  police report or no contact order, or who are the respondents in
   60  the final injunction for protection against domestic violence,
   61  dating violence, repeat violence, or sexual violence.
   62         (d)This section does not limit the landlord’s right to
   63  otherwise terminate the rental agreement for the failure to
   64  comply with this chapter or refuse to enter into a rental
   65  agreement if the applicant does not meet the landlord’s
   66  creditworthiness criteria or criminal background criteria.
   67         (3)PROCEDURE FOR EARLY TERMINATION OF A RENTAL AGREEMENT.
   68  A tenant who is or who has a household member who is a victim of
   69  domestic violence, dating violence, repeat violence, or sexual
   70  violence may terminate his or her rental agreement for a
   71  dwelling unit before the date specified in the agreement by
   72  providing the landlord with:
   73         (a)A written notice of termination to be effective on the
   74  date stated in the notice, which must be at least 30 days after
   75  the date the landlord receives the notice; and
   76         (b)1.A certified copy of a final injunction for protection
   77  against domestic violence, dating violence, repeat violence, or
   78  sexual violence issued to the tenant or a household member of
   79  the tenant; or
   80         2.A certified copy of an order of “no contact” entered by
   81  a court in a criminal case in which the defendant was charged
   82  with a crime relating to domestic violence, dating violence,
   83  repeat violence, or sexual violence against the tenant or
   84  household member of the tenant.
   85         (4)DAMAGES FOR EARLY TERMINATION OF A RENTAL AGREEMENT.—
   86         (a)A tenant who terminates his or her rental agreement
   87  pursuant to subsection (3) is liable to the landlord for:
   88         1.Liquidated damages in an amount equal to one month’s
   89  rent.
   90         2.Unpaid rent and other accrued charges through the end of
   91  the month in which the landlord takes possession of the dwelling
   92  unit.
   93         3.Any rental agreement concessions provided by the
   94  landlord.
   95         4.Charges for damages to the dwelling unit.
   96         (b)A cotenant or cotenants to a rental agreement remain
   97  bound by the agreement after a tenant terminates his or her
   98  rental agreement pursuant to subsection (3). The landlord may,
   99  at the landlord’s option, terminate the rental agreement for any
  100  cotenant who is the perpetrator of domestic violence, dating
  101  violence, repeat violence, or sexual violence named in the final
  102  injunction for protection or no contact order, notwithstanding
  103  any provision of this part to the contrary requiring certain
  104  grounds for termination of a tenancy or for eviction.
  105         (5)ACCESS TO A DWELLING UNIT.—A tenant who has obtained an
  106  order from a court that grants a tenant possession of the
  107  dwelling unit to the exclusion of one or more co-tenants, or
  108  prohibits one or more cotenants from contact with the tenant or
  109  a household member of the tenant, or prohibits a person who is
  110  not a cotenant from contact with the tenant or a household
  111  member of the tenant, may provide the landlord with a copy of
  112  that court order and require that the landlord either install
  113  new locks on all exterior doors of the dwelling unit at the
  114  tenant’s expense within 72 hours of written notice, or permit
  115  the tenant to install new locks, provided that the tenant’s
  116  installation of the new locks does no permanent damage to any
  117  part of the dwelling unit and the tenant provides a duplicate
  118  copy of all keys to the landlord.
  119         (6)LIMITATION OF LANDLORD’S LIABILITY
  120         (a)A landlord is not liable for damages or injury arising
  121  from the landlord’s compliance or good faith attempt to comply
  122  with this section.
  123         (7)WAIVER OF RIGHTS NOT PERMITTED.—The provisions of this
  124  section may not be waived or modified by agreement.
  125         Section 2. This act shall take effect July 1, 2009, and
  126  applies to rental agreements executed on or after that date.
  127  
  128  ================= T I T L E A M E N D M E N T ================
  129  And the title is amended as follows:
  130  
  131  Delete everything before the enacting clause
  132         and insert:
  133  
  134                        A bill to be entitled                      
  135         An act relating to residential tenancies; creating s.
  136         83.683, F.S.; providing definitions; prohibiting
  137         landlords from discriminating against or retaliating
  138         against victims of domestic violence, dating violence,
  139         repeat violence, or sexual violence; authorizing
  140         certain victims to terminate a rental agreement before
  141         the end of the rental period; limiting damages for
  142         early termination; requiring a landlord to change a
  143         lock or authorize the tenant to change a lock under
  144         certain circumstances; requiring the tenant to bear
  145         the cost of changing a lock; requiring that the tenant
  146         provide a key to a changed lock to the landlord;
  147         prohibiting a landlord from providing access to a
  148         dwelling unit to a tenant who has been excluded from
  149         the dwelling unit by court order; providing a landlord
  150         with immunity for certain actions; prohibiting waiver
  151         of certain statutory rights; providing for
  152         application; providing an effective date.