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.