Resolution 2023-32473RESOLUTION NO. 2023-32473
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO AMEND
THE FLORIDA RESIDENTIAL .LANDLORD AND TENANT ACT TO
PROVIDE FOR EARLY LEASE TERMINATION FOR TENANTS
EXPERIENCING DOMESTIC OR INTIMATE PARTNER VIOLENCE,
PROHIBIT LANDLORDS FROM EVICTING TENANTS EXPERIENCING
DOMESTIC OR INTIMATE PARTNER VIOLENCE, AND EXPLORE
FURTHER DOMESTIC VIOLENCE � HOUSING PROTECTIONS
SPECIFIED IN THE RESOLUTION.
WHEREAS, "The number of American troops killed in Afghanistan and Iraq
between 2001 and 2012 was 6,488. The number of American[s] ... who were murdered
by current or ex ... partners during that time was 11,766. That's nearly double the amount
of casualties lost during war';" and
WHEREAS, on average, nearly 20 people per minute are physically abused by an
intimate partner in the United States, equating to more than 10 million women and men
annually; and
WHEREAS, according to the National Coalition Against Domestic Violence, 37.9%
of Florida women and 29.3% of Florida men experience intimate partner dating violence,
intimate partner sexual violence, and/or intimate partner stalking in their lifetimes; and
WHEREAS, in 2019, 105,298 domestic violence incidents were reported to police
in Florida, and 221 Floridians were killed in domestic violence incidents; and
WHEREAS, a major factor that facilitates victim harm is that abusers are often co-
tenants or know where the victim lives, and consequently, personal violence victims who
fail to move are at risk of being severely injured or killed; and
WHEREAS, currently, under the Florida Residential Landlord and Tenant Act (the
"Act") there are no protections from evictions for tenants experiencing domestic or
intimate partner violence, and there is no right to early lease termination for tenants who
must move to escape domestic, stalking, sexual,'or dating violence; and
WHEREAS, this means that tenants who are also victims of personal violence may
end up homeless, or can be held financially liable by their landlords for moving prior to
the lease end date, even if the move is necessary to immediately evade an abuser, which
often results in tenant -victims remaining on the same premises as their abusive co -tenant
or partner; and
Alanna Vagianos, 30 Shocking Domestic Violence Statistics that Remind Us It's an Epidemic, HUFFINGTON POST
(Oct. 23, 2014, 9:25 AM) (citations omitted), https://www.huffingtonpost.com/2014/10/23/domestic-
violencestatistics_n_5959776.html [https:Hperma.cc/49TK KM6K].
WHEREAS, Florida is in the minority of states that have failed to protect tenant -
victims by not granting tenant -victims early lease termination rights, and the state's failure
to grant a right to early lease termination and further protections to the victims of domestic
violence compounds the physical and psychological harm that victims face; and
WHEREAS, amending the to grant tenant -victims early lease termination rights
would be a proactive solution, allowing tenant -victims the option of moving from abusers
to forgo harm and offer an avenue of safety that many tenant -victims currently do not
have; and
WHEREAS, in addition to authorizing early lease .termination with no penalties,
other examples of state domestic violence housing protections that could be adopted by
the state, including laws that: (1) prohibit housing discrimination based on an applicant or
tenant's status as a survivor of domestic violence; (2) provide an eviction defense where
the landlord tries to evict the victim because the abuser committed a .crime or lease
violation at the rental unit; (3) bar landlords from limiting a tenant's right to call for police
or emergency assistance; and (4) require landlords to change locks where tenants have
provided documentation of domestic violence.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and the City
hereby urging the Florida Legislature to amend the Florida Residential Landlord and Tenant Act
to provide for early lease termination for tenants experiencing domestic or intimate partner
violence, prohibit landlords from evicting tenants experiencing domestic or intimate partner
violence, and explore further domestic violence housing protections specified in the Resolution.
PASSED AND ADOPTED this day of Aib we , 2023.
ATTEST:
FEB 0 8 20?3 Dan Gelber, Mayor
Rafael. E. Granado, City Clerk APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(Sponsored by Commissioner Alex J. Fernandez)
2
I— a4- a3
City Momey Date
Resolutions - C7 AD
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: February 1, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO AMEND
THE FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT TO
PROVIDE FOR EARLY LEASE TERMINATION FOR TENANTS
EXPERIENCING DOMESTIC OR INTIMATE PARTNER VIOLENCE,
PROHIBIT LANDLORDS FROM EVICTING TENANTS EXPERIENCING
DOMESTIC OR INTIMATE PARTNER VIOLENCE, AND EXPLORE
FURTHER DOMESTIC VIOLENCE HOUSING PROTECTIONS SPECIFIED
IN THE RESOLUTION.
ANALYSIS
Pursuant to the request of Commissioner Alex Femandez, the above -referenced Resolution is
submitted for consideration by the Mayor and City Commission at the February 1, 2023
Commission meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
in -
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
r •i . u . i •
:.i• ��
No
Page 830 of 1420
ATTACHMENTS:
Description
o Resolution
Page 831 of 1420