Florida Senate - 2020 SB 274 By Senator Rodriguez 37-00488-20 2020274__ Page 1 of 8 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to residential tenancies; creating s. 2 83.684, F.S.; providing legislative intent; defining 3 terms; prohibiting a landlord from evicting a tenant 4 or terminating a residential rental agreement because 5 the tenant is a victim of actual or threatened 6 domestic violence, dating violence, sexual violence, 7 or stalking; specifying that a rental agreement may 8 not contain certain provisions; authorizing a victim 9 of such actual or threatened violence or stalking to 10 terminate a residential rental agreement without 11 penalty by providing written notice of intent to 12 terminate the agreement and to vacate the premises; 13 providing that such termination of a rental agreement 14 is effective immediately upon delivery of the written 15 notice; providing requirements for such notice of 16 termination; providing for liability for payment of 17 rent; specifying that a tenant does not forfeit any 18 deposit money or advance rent paid to the landlord for 19 terminating a rental agreement under certain 20 circumstances; providing construction; providing that 21 a perpetrator’s liability for rent and obligations 22 under a rental agreement are not terminated under 23 certain circumstances; requiring a landlord to change 24 the locks of a dwelling unit within a specified period 25 under certain circumstances; authorizing a tenant to 26 change the locks of a dwelling unit under certain 27 circumstances; prohibiting a landlord from refusing to 28 enter into or negotiate a rental agreement, from 29

Florida Senate - 2020 SB 274 37-00488-20 2020274__ Page 2 of 8 CODING: Words stricken are deletions; words underlined are additions. making a dwelling unit unavailable, or from 30 retaliating in the rental of a dwelling unit under 31 certain circumstances; providing an exception; 32 requiring a landlord to keep certain information 33 relating to certain tenants confidential; providing 34 exceptions; authorizing a tenant to file a civil 35 action against a landlord under certain circumstances; 36 providing a civil penalty and awards for damages, 37 court costs, and attorney fees; prohibiting waiver of 38 the provisions of the act; providing an effective 39 date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43

Section

Section 83.684, Florida Statutes, is created to 44 read: 45 83.684 Early termination of a residential rental agreement 46 or lock changing authorized for victims of domestic violence, 47 dating violence, sexual violence, and stalking.— 48

(1) It is the intent of the Legislature to protect tenants 49 and their minor children who are victims of actual or threatened 50 domestic violence, dating violence, sexual violence, or stalking 51 and to facilitate relocation for their protection. 52

(2) As used in this section, the term: 53 (a) “Dating violence” has the same meaning as in s. 54 784.046(1)(d). 55 (b) “Domestic violence” has the same meaning as in s. 56 741.28. 57 (c) “Sexual violence” has the same meaning as in s. 58

Florida Senate - 2020 SB 274 37-00488-20 2020274__ Page 3 of 8 CODING: Words stricken are deletions; words underlined are additions. 784.046(1)(c). 59 (d) “Stalking” has the same meaning as the term 60 “cyberstalking” as defined in s. 784.048(1)(d). 61

(3) A landlord may not terminate a residential rental 62 agreement or evict a tenant for an incident involving actual or 63 threatened domestic violence, dating violence, sexual violence, 64 or stalking if the tenant is the victim of such actual or 65 threatened violence or stalking. A rental agreement may not 66 include a provision deeming an incident involving actual or 67 threatened domestic violence, dating violence, sexual violence, 68 or stalking, in which the tenant involved is a victim and not a 69 perpetrator, to be a breach of the rental agreement.

A landlord 70 may not deem such incidents of actual or threatened violence or 71 stalking as grounds for terminating the rental agreement or 72 evicting the victim. 73 (4)(

a) If a tenant or a tenant’s minor child is a victim of 74 actual or threatened domestic violence, dating violence, sexual 75 violence, or stalking during the term of a rental agreement, the 76 tenant may, without penalty, terminate the rental agreement at 77 any time by providing the landlord with written notice of the 78 tenant’s intent to terminate the rental agreement and to vacate 79 the premises because of an incident of actual or threatened 80 domestic violence, dating violence, sexual violence, or 81 stalking. The termination of the rental agreement is effective 82 immediately upon delivery of written notice to the landlord. 83 (

b) Unless the landlord notifies the tenant that 84 documentation is not needed, a notice of termination from the 85 tenant pursuant to paragraph (

a) must be accompanied by 86 documentation verifying the tenant’s or his or her minor child’s 87

Florida Senate - 2020 SB 274 37-00488-20 2020274__ Page 4 of 8 CODING: Words stricken are deletions; words underlined are additions. status as a victim of actual or threatened domestic violence, 88 dating violence, sexual violence, or stalking and may include: 89 1. A copy of an injunction for protection against domestic 90 violence, dating violence, sexual violence, or stalking issued 91 to the tenant as victim or as parent or legal guardian of a 92 minor victim; 93 2.

A copy of an order of no contact or a criminal 94 conviction entered by a court in a criminal case in which the 95 defendant was charged with a crime relating to domestic 96 violence, dating violence, sexual violence, or stalking against 97 the tenant or the tenant’s minor child; 98 3. A written certification from a domestic violence center 99 certified under

chapter 39 or a rape crisis center as defined in 100 s. 794.055 which states that the tenant or the tenant’s minor 101 child is a victim of actual or threatened domestic violence, 102 dating violence, sexual violence, or stalking; or 103 4. A copy of a law enforcement report documenting an 104 incident of actual or threatened domestic violence, dating 105 violence, sexual violence, or stalking against the tenant or the 106 tenant’s minor child. 107 (

c) A notice of termination from the tenant pursuant to 108 this subsection shall be mailed or delivered to the landlord, a 109 person authorized to receive notices and demands in the 110 landlord’s behalf pursuant to s. 83.50, a resident manager, or 111 the person or entity that collects the rent on behalf of the 112 landlord. 113 (

d) If a rental agreement with a specific duration is 114 terminated by a tenant pursuant to this subsection less than 30 115 days before the end of the rental agreement, the tenant is 116

Florida Senate - 2020 SB 274 37-00488-20 2020274__ Page 5 of 8 CODING: Words stricken are deletions; words underlined are additions. liable for the rent for the remaining period of the rental 117 agreement. If a rental agreement with a specific duration is 118 terminated by a tenant pursuant to this subsection more than 30 119 days before the end of the rental agreement, the tenant is 120 liable for prorated rent for a period of 30 days immediately 121 following delivery of the notice of termination.

The tenant is 122 released from any further obligation to pay rent, concessions, 123 damages, fees, or penalties, and the landlord is not entitled to 124 the remedies provided in s. 83.595. 125 (

e) If a rental agreement is terminated by a tenant 126 pursuant to this subsection, the landlord must comply with s. 127 83.49(3). A tenant who terminates a rental agreement may not, by 128 reason of such termination, be deemed to have forfeited any 129 deposit money or advance rent paid to the landlord. 130 (

f) This subsection does not affect a tenant’s liability 131 for unpaid rent or other amounts owed to the landlord before the 132 termination of the rental agreement pursuant to this subsection. 133 (

g) If the perpetrator of actual or threatened domestic 134 violence, dating violence, sexual violence, or stalking is also 135 a tenant in the victim’s dwelling unit, neither the 136 perpetrator’s liability for rent nor his or her other 137 obligations under the rental agreement are terminated by 138 operation of this subsection, and the landlord is entitled to 139 the rights and remedies provided by this part against the 140 perpetrator. 141 (5)(

a) A tenant or a tenant’s minor child who is a victim 142 of actual or threatened domestic violence, dating violence, 143 sexual violence, or stalking and who wishes to remain in the 144 dwelling may make a written request to the landlord accompanied 145

Florida Senate - 2020 SB 274 37-00488-20 2020274__ Page 6 of 8 CODING: Words stricken are deletions; words underlined are additions. by any one of the documents listed in paragraph (4)(b), and the 146 landlord shall, within 24 hours after receipt of the request, 147 change the locks of the tenant’s dwelling unit and provide the 148 tenant with a key to the new locks. 149 (

b) If the landlord fails to change the locks within 24 150 hours, the tenant may change the locks without the landlord’s 151 permission, notwithstanding any contrary provision in the rental 152 agreement or other applicable rules or regulations imposed by 153 the landlord, if all of the following conditions have been met: 154 1. The locks are changed in like manner as if the landlord 155 had changed the locks, with locks of similar or better quality 156 than the original locks. 157 2. The landlord is notified within 24 hours after the 158 changing of the locks. 159 3. The landlord is provided a key to the new locks within a 160 reasonable time. 161 (

c) If the locks are changed pursuant to this subsection, 162 the landlord is not liable to any person who does not have 163 access to the dwelling unit. 164

(6) A landlord may not refuse to enter into a rental 165 agreement for a dwelling unit, refuse to negotiate for the 166 rental of a dwelling unit, make a dwelling unit unavailable, or 167 retaliate in the rental of a dwelling unit solely because: 168 (

a) The tenant, prospective tenant, or minor child of the 169 tenant or prospective tenant is a victim of actual or threatened 170 domestic violence, dating violence, sexual violence, or 171 stalking; or 172 (

b) The tenant or prospective tenant has previously 173 terminated a rental agreement because of an incident involving 174

Florida Senate - 2020 SB 274 37-00488-20 2020274__ Page 7 of 8 CODING: Words stricken are deletions; words underlined are additions. actual or threatened domestic violence, dating violence, sexual 175 violence, or stalking in which the tenant, prospective tenant, 176 or minor child of the tenant or prospective tenant was a victim. 177 However, the landlord may refuse to enter into a rental 178 agreement or negotiate for the rental of a dwelling unit if the 179 tenant or prospective tenant fails to comply with the landlord’s 180 request for documentation of an incident of actual or threatened 181 domestic violence, dating violence, sexual violence, or stalking 182 which occurred before termination of a prior rental agreement.

A 183 landlord’s request for documentation shall be satisfied upon the 184 tenant’s or prospective tenant’s provision of any one of the 185 documents listed in paragraph (4)(b). 186

(7) The landlord shall treat as confidential all 187 information provided to a landlord pursuant to subsections (4), 188 (5), and (6), including the fact that a tenant or a tenant’s 189 minor child is a victim of actual or threatened domestic 190 violence, dating violence, sexual violence, or stalking and 191 including the tenant’s forwarding address. The landlord may not 192 enter such information into any shared database or provide the 193 information to any other person or entity, except to the extent 194 such disclosure is: 195 (

a) Made to an agent or employee of the landlord solely for 196 a legitimate business purpose; 197 (

b) Requested, or consented to, in writing by the tenant or 198 the tenant’s legal guardian; 199 (

c) Required for use in a judicial proceeding; or 200 (

d) Otherwise required by law. 201

(8) A tenant, on his or her own behalf or on behalf of his 202 or her minor child, may file a civil action against a landlord 203

Florida Senate - 2020 SB 274 37-00488-20 2020274__ Page 8 of 8 CODING: Words stricken are deletions; words underlined are additions. for a violation of this section. A landlord who violates 204 subsection (6) or subsection (7) is civilly liable to the victim 205 for $1,000 for punitive damages, actual and consequential 206 damages, and court costs, including reasonable attorney fees, 207 unless the landlord can show that the violation was its first 208 and the violation was not committed in bad faith. Subsequent or 209 repeated violations that are not contemporaneous with the 210 initial violation are subject to separate awards of damages. 211

(9) The provisions of this

section may not be waived or 212 modified by a rental agreement. 213

Section 2. This act shall take effect July 1, 2020. 214