Read the full stored bill text
Florida Senate
-
2026
SB 142
By
Senator Bracy Davis
15-00387-26 2026142__
1 A bill to be entitled
2 An act relating to termination of a rental agreement
3 by a victim of domestic violence, dating violence,
4 sexual violence, or stalking; creating s. 83.676,
5 F.S.; defining terms; prohibiting a landlord from
6 terminating a rental agreement or evicting a tenant
7 because the tenant or the tenant’s minor child is a
8 victim of actual or threatened domestic violence,
9 dating violence, sexual violence, or stalking;
10 specifying that a rental agreement may not contain
11 certain provisions; authorizing a victim of such
12 actual or threatened violence or stalking to terminate
13 a rental agreement under certain circumstances;
14 requiring certain documentation and written notice to
15 be provided to the landlord; providing for liability
16 for rent for both the tenant and the perpetrator, if
17 applicable; specifying that a tenant does not forfeit
18 certain money paid to the landlord for terminating the
19 rental agreement under certain circumstances;
20 requiring a landlord to change the locks of the
21 dwelling unit within a specified time period under
22 certain circumstances; authorizing the tenant to
23 change the locks of the dwelling unit under certain
24 circumstances; providing that certain information
25 provided to a landlord from a tenant or a prospective
26 tenant is confidential; prohibiting certain actions by
27 a landlord under certain circumstances; authorizing
28 filing of a civil action and an award of damages,
29 fees, and costs under certain circumstances;
30 prohibiting the waiver of certain provisions;
31 providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Section 83.676, Florida Statutes, is created to
36 read:
37
83.676
Early termination of rental agreement by a victim of
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domestic violence, dating violence, sexual violence, or
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stalking; lock changing.—
40
(1)
As used in this section, the term:
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(a)
“Dating violence” has the same meaning as in s.
42
784.046(1)(d).
43
(b)
“Domestic violence” has the same meaning as in s.
44
741.28.
45
(c)
“Sexual violence” has the same meaning as in s.
46
784.046(1)(c).
47
(d)
“Stalking,” as described in s. 784.048(2), means
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willfully, maliciously, and repeatedly following, harassing, or
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cyberstalking another person.
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(2)
A landlord may not terminate a rental agreement or
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evict a tenant for an incident involving actual or threatened
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domestic violence, dating violence, sexual violence, or stalking
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if the tenant or the tenant’s minor child is the victim of such
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actual or threatened violence or stalking. A rental agreement
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may not include a provision deeming that early termination of a
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rental agreement because of an incident involving actual or
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threatened domestic violence, dating violence, sexual violence,
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or stalking, in which the tenant or the tenant’s minor child is
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a victim and not the perpetrator, is a breach of the rental
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agreement.
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(3)(a)
If a tenant or a tenant’s minor child is a victim of
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actual or threatened domestic violence, dating violence, sexual
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violence, or stalking during the term of a rental agreement, the
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tenant may, without penalty, terminate the rental agreement at
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any time by providing the landlord with written notice of the
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tenant’s intent to terminate the rental agreement and to vacate
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the premises because of such incident. The termination of the
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rental agreement is effective immediately upon delivery of the
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written notice and documentation specified in paragraph (b), if
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applicable, to the landlord.
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(b)
Unless the landlord notifies the tenant that
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documentation is not needed, a notice of termination from the
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tenant required under paragraph (a) must be accompanied by
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documentation verifying the tenant’s or the tenant’s minor
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child’s status as a victim of actual or threatened domestic
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violence, dating violence, sexual violence, or stalking and may
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include:
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1.
A copy of an injunction for protection against domestic
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violence, dating violence, sexual violence, or stalking issued
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to the tenant as the victim or as parent of a minor victim;
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2.
A copy of an order of no contact or a criminal
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conviction entered by a court in a criminal case in which the
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defendant was charged with a crime relating to domestic
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violence, dating violence, sexual violence, or stalking against
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the tenant or the tenant’s minor child;
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3.
A written verification from a domestic violence center
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certified under chapter 39 or a rape crisis center as defined in
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s. 794.055(2) which states that the tenant or the tenant’s minor
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child is a victim of actual or threatened domestic violence,
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dating violence, sexual violence, or stalking; or
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4.
A copy of a law enforcement report documenting an
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incident of actual or threatened domestic violence, dating
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violence, sexual violence, or stalking against the tenant or the
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tenant’s minor child.
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(c)
A notice of termination from the tenant required under
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paragraph (a) must be provided by certified mail or hand
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delivery to the landlord, a person authorized to receive notices
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on behalf of the landlord under s. 83.50, a resident manager, or
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the person or entity that collects the rent on behalf of the
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landlord.
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(d)
If a rental agreement with a specific duration is
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terminated by a tenant under this subsection less than 30 days
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before the end of the rental agreement, the tenant is liable for
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the rent for the remaining period of the rental agreement. If a
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rental agreement with a specific duration is terminated by a
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tenant under this subsection 30 or more days before the end of
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the rental agreement, the tenant is liable for prorated rent for
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a period of 30 days immediately following delivery of the notice
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of termination. After compliance with this paragraph, the tenant
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is released from any further obligation to pay rent,
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concessions, damages, fees, or penalties, and the landlord is
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not entitled to the remedies provided in s. 83.595.
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(e)
If a rental agreement is terminated by a tenant under
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this subsection, the landlord must comply with s. 83.49(3). A
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tenant who terminates a rental agreement under this subsection
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does not forfeit any deposit money or advance rent paid to the
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landlord.
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(f)
This subsection does not affect a tenant’s liability
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for unpaid rent or other amounts owed to the landlord before the
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termination of the rental agreement under this subsection.
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(g)
If the perpetrator of actual or threatened domestic
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violence, dating violence, sexual violence, or stalking is also
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a tenant under the same rental agreement as the tenant who is a
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victim, or whose minor child is a victim, of such actual or
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threatened violence or stalking, neither the perpetrator’s
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liability for rent nor his or her other obligations under the
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rental agreement are terminated under this subsection, and the
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landlord is entitled to the rights and remedies provided by this
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part against the perpetrator.
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(4)(a)
A tenant or a tenant’s minor child who is a victim
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of actual or threatened domestic violence, dating violence,
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sexual violence, or stalking and who wishes to remain in the
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dwelling unit may make a written request to the landlord
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accompanied by any one of the documents listed in paragraph
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(3)(b), and the landlord shall, within 24 hours after receipt of
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the request, change the locks of the tenant’s dwelling unit and
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provide the tenant with a key to the new locks.
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(b)
If the landlord fails to change the locks within 24
139
hours, the tenant may change the locks without the landlord’s
140
permission, notwithstanding any contrary provision in the rental
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agreement or other applicable rules or regulations imposed by
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the landlord, if all of the following conditions have been met:
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1.
The locks are changed in like manner as if the landlord
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had changed the locks, with locks of similar or better quality
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than the original locks.
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2.
The landlord is notified within 24 hours after the
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changing of the locks.
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3.
The landlord is provided a key to the new locks within a
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reasonable time.
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(c)
If the locks are changed under this subsection, the
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landlord is not liable to any person who does not have access to
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the dwelling unit.
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(5)
A landlord may not refuse to enter into a rental
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agreement for a dwelling unit, refuse to negotiate for the
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rental of a dwelling unit, make a dwelling unit unavailable, or
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retaliate in the rental of a dwelling unit because:
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(a)
The tenant, prospective tenant, or minor child of the
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tenant or prospective tenant is a victim of actual or threatened
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domestic violence, dating violence, sexual violence, or
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stalking; or
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(b)
The tenant or prospective tenant has previously
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terminated a rental agreement because of an incident involving
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actual or threatened domestic violence, dating violence, sexual
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violence, or stalking in which the tenant, prospective tenant,
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or minor child of the tenant or prospective tenant was a victim.
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However, the landlord may refuse to enter into a rental
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agreement, negotiate for the rental of a dwelling unit, or make
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a dwelling unit unavailable if the tenant or prospective tenant
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fails to comply with the landlord’s request for documentation of
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an incident of actual or threatened domestic violence, dating
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violence, sexual violence, or stalking that occurred before
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termination of a prior rental agreement. A landlord’s request
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for documentation is satisfied upon the tenant’s or prospective
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tenant’s provision of any one of the documents listed in
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paragraph (3)(b).
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(6)
All information provided to a landlord under
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subsections (3), (4), and (5), including the fact that a tenant,
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prospective tenant, or a tenant’s or prospective tenant’s minor
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child is a victim of actual or threatened domestic violence,
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dating violence, sexual violence, or stalking, and including the
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tenant’s forwarding address, is confidential. The landlord may
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not enter such information into any shared database or provide
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the information to any other person or entity, except to the
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extent such disclosure is:
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(a)
Made to a person specified in paragraph (3)(c) solely
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for a legitimate business purpose;
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(b)
Requested, or consented to, in writing by the tenant or
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the tenant’s legal guardian;
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(c)
Required for use in a judicial proceeding; or
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(d)
Otherwise required by law.
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(7)
A tenant or prospective tenant, on his or her own
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behalf or on behalf of his or her minor child, may file a civil
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action against a landlord for a violation of this section. A
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landlord who violates subsection (5) or subsection (6) is
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civilly liable to the victim for $1,000 for punitive damages,
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actual and consequential damages, and court costs, including
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reasonable attorney fees, unless the landlord can show that this
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was the landlord’s first violation and the violation was not
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committed in bad faith. Subsequent or repeated violations that
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are not contemporaneous with the initial violation are subject
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to separate awards of damages.
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(8)
The provisions of this section may not be waived or
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modified by a rental agreement.
205 Section 2. This act shall take effect July 1, 2026.