Bill Text: FL S0612 | 2018 | Regular Session | Comm Sub


Bill Title: Residential Tenancies

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-12-07 - Pending reference review under Rule 4.7(2) - (Committee Substitute) [S0612 Detail]

Download: Florida-2018-S0612-Comm_Sub.html
       Florida Senate - 2018                              CS for SB 612
       
       
        
       By the Committee on Community Affairs; and Senator Steube
       
       
       
       
       
       578-01796-18                                           2018612c1
    1                        A bill to be entitled                      
    2         An act relating to residential tenancies; creating s.
    3         83.684, F.S.; providing definitions; authorizing
    4         landlords to require certain employees to undergo
    5         level 1 background screenings; providing for the
    6         termination or disqualification of certain employees;
    7         requiring a written disclosure and signed
    8         acknowledgement of receipt in rental agreements and
    9         rental agreement renewals; providing requirements for
   10         such disclosure and acknowledgement; authorizing
   11         tenants to terminate such agreements and renewals
   12         under certain circumstances; requiring deposit money
   13         to be refunded to tenants upon such termination;
   14         providing that tenants are responsible for any damage
   15         he or she caused to the premises; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 83.684, Florida Statutes, is created to
   21  read:
   22         83.684Florida Tenant Notification Act.—
   23         (1)As used in this section, the term:
   24         (a)“Credit card theft” means an offense listed in s.
   25  817.60.
   26         (b)“Crime involving violence” means an offense involving
   27  the use or threat of physical force or violence against an
   28  individual, including, but not limited to, a violent felony
   29  listed in s. 775.084(1)(c)1.
   30         (c)“Employee” has the same meaning as in s. 440.02(15)(a).
   31         (d)“Sexual battery” has the same meaning as in s. 794.011.
   32         (2)(a)A landlord may require any of his or her current or
   33  potential employees who have or will have access to a premises
   34  to undergo a level 1 background screening pursuant to s. 435.03
   35  at the expense of the landlord.
   36         (b)A current or potential employee who refuses to undergo
   37  the background screening required under paragraph (a) may be
   38  terminated or disqualified for employment by the landlord.
   39         (3)(a)A rental agreement or rental agreement renewal must
   40  contain a prominent written disclosure expressly stating whether
   41  the landlord has required any of his or her current or potential
   42  employees to undergo the background screening required under
   43  paragraph (2)(a). If the landlord has required such screening,
   44  such disclosure must also state:
   45         1.The date of the background screening.
   46         2.The full name and job description of the current
   47  employee, or the full name and anticipated job description of
   48  the potential employee, whose background screening results
   49  indicated that he or she was convicted of:
   50         a.Credit card theft;
   51         b.A crime involving violence; or
   52         c.Sexual battery.
   53         (b)The written disclosure shall also contain a prominent
   54  acknowledgement of receipt that shall be signed by the tenant in
   55  the presence of a witness. A rental agreement or rental
   56  agreement renewal is not complete until such acknowledgement is
   57  signed. Such disclosure and acknowledgment shall be maintained
   58  by the landlord within the tenant’s file and be made available
   59  to the tenant upon request.
   60         (4)A tenant may, within 3 business days after completing a
   61  rental agreement or rental agreement renewal and upon written
   62  notice to the landlord, terminate such agreement or renewal and
   63  receive a refund of all deposit money without penalty if such
   64  agreement or renewal disclosed, and the tenant acknowledged,
   65  that any of the landlord’s current or potential employees were
   66  convicted of an offense listed in subparagraph (3)(a)2.
   67         (5)(a)A rental agreement or rental agreement renewal is
   68  void, and a tenant may, at any time after completing it and upon
   69  written notice to the landlord, terminate such agreement or
   70  renewal if:
   71         1.It failed to disclose that any of the landlord’s current
   72  employees were convicted of an offense listed in subparagraph
   73  (3)(a)2.; or
   74         2.Within 5 business days after its completion, the
   75  landlord hired an employee who was convicted of an offense
   76  listed in subparagraph (3)(a)2.
   77         (b)If a tenant terminates a rental agreement or rental
   78  agreement renewal pursuant to paragraph (a), he or she shall
   79  receive a refund of all deposit money without penalty,
   80  including, but not limited to, any early termination fees, and
   81  all further obligations of the tenant under such agreement or
   82  renewal are void. However, the tenant is responsible for any
   83  physical damage he or she caused to a premises.
   84         Section 2. This act shall take effect July 1, 2018.

feedback