Bill Text: FL S1656 | 2016 | Regular Session | Introduced
Bill Title: Military Support
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-11 - Died in Regulated Industries [S1656 Detail]
Download: Florida-2016-S1656-Introduced.html
Florida Senate - 2016 SB 1656 By Senator Evers 2-00137A-16 20161656__ 1 A bill to be entitled 2 An act relating to military support; amending s. 3 83.49, F.S.; limiting the amount of advance rent or 4 deposit money that a landlord may require or receive 5 at the beginning of a rental agreement from a tenant 6 who is a servicemember; specifying what constitutes 7 sufficient notice to the landlord of a tenant’s active 8 duty military status; prohibiting waiver or 9 modification of such limitation; creating ss. 718.129 10 and 720.318, F.S.; requiring condominium and 11 homeowners’ associations, respectively, to complete 12 the processing of a rental application submitted by a 13 servicemember or a servicemember’s spouse within a 14 specified timeframe; requiring such associations to 15 waive any required background check of a servicemember 16 as a component of a rental application if certain 17 conditions exist; providing applicability; providing 18 an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Present subsections (4) through (9) of section 23 83.49, Florida Statutes, are renumbered as subsections (5) 24 through (10), respectively, present subsection (4) of that 25 section is amended, and a new subsection (4) is added to that 26 section, to read: 27 83.49 Deposit money or advance rent; duty of landlord and 28 tenant.— 29 (4) A landlord may not require or receive from or on behalf 30 of a tenant who is a servicemember, as defined in s. 250.01, at 31 the beginning of a rental agreement any money other than the 32 payment of the first month’s rent and a security deposit if the 33 servicemember provides notice to the landlord of his or her 34 active duty military status. The notice to the landlord must be 35 accompanied by either a copy of the official military orders 36 showing the servicemember is on active duty or a written 37 verification signed by the servicemember’s commanding officer. 38 The provisions of this subsection may not be waived or modified 39 by the agreement of the parties under any circumstances. 40 (5)(4)The provisions of this section do not apply to 41 transient rentals by hotels or motels as defined in chapter 509; 42 nor do they apply in those instances in which the amount of rent 43 or deposit, or both, is regulated by law or by rules or 44 regulations of a public body, including public housing 45 authorities and federally administered or regulated housing 46 programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 47 of the National Housing Act, as amended, other than for rent 48 stabilization. With the exception of subsections (3), (6), and 49 (7)subsections (3), (5), and (6), this section is not 50 applicable to housing authorities or public housing agencies 51 created pursuant to chapter 421 or other statutes. 52 Section 2. Section 718.129, Florida Statutes, is created to 53 read: 54 718.129 Rental applications by servicemembers.— 55 (1) If an association requires a prospective tenant to 56 complete a rental application before residing in a unit within 57 the condominium, the association must complete processing of a 58 rental application submitted by a prospective tenant who is a 59 servicemember, as defined in s. 250.01, or his or her spouse, 60 within 7 days after submission. 61 (2) If an association requires a background check as a 62 component of a rental application, the association must waive 63 such requirement for a servicemember if he or she produces proof 64 of active duty military service by either a copy of the official 65 military orders or a written verification signed by the 66 servicemember’s commanding officer. 67 (3) This section does not impair any contract or agreement 68 between an association and a community association manager 69 entered into on or before July 1, 2016. 70 Section 3. Section 720.318, Florida Statutes, is created to 71 read: 72 720.318 Rental applications by servicemembers.— 73 (1) If an association requires a prospective tenant to 74 complete a rental application before residing in a residential 75 property within the community, the association must complete 76 processing of a rental application submitted by a prospective 77 tenant who is a servicemember, as defined in s. 250.01, or his 78 or her spouse, within 7 days after submission. 79 (2) If an association requires a background check as a 80 component of a rental application, the association must waive 81 such requirement for a servicemember if he or she produces proof 82 of active duty military service by either a copy of the official 83 military orders or a written verification signed by the 84 servicemember’s commanding officer. 85 (3) This section does not impair any contract or agreement 86 between an association and a community association manager 87 entered into on or before July 1, 2016. 88 Section 4. This act shall take effect July 1, 2016.