Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 612
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LEGISLATIVE ACTION
Senate . House
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The Committee on Community Affairs (Steube) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 83.684, Florida Statutes, is created to
6 read:
7 83.684 Florida Tenant Notification Act.—
8 (1) As used in this section, the term:
9 (a) “Credit card theft” means an offense listed in s.
10 817.60.
11 (b) “Crime involving violence” means an offense involving
12 the use or threat of physical force or violence against an
13 individual, including, but not limited to, a violent felony
14 listed in s. 775.084(1)(c)1.
15 (c) “Employee” has the same meaning as in s. 440.02(15)(a).
16 (d) “Sexual battery” has the same meaning as in s. 794.011.
17 (2)(a) A landlord may require any of his or her current or
18 potential employees who have or will have access to a premises
19 to undergo a level 1 background screening pursuant to s. 435.03
20 at the expense of the landlord.
21 (b) A current or potential employee who refuses to undergo
22 the background screening required under paragraph (a) may be
23 terminated or disqualified for employment by the landlord.
24 (3)(a) A rental agreement or rental agreement renewal must
25 contain a prominent written disclosure expressly stating whether
26 the landlord has required any of his or her current or potential
27 employees to undergo the background screening required under
28 paragraph (2)(a). If the landlord has required such screening,
29 such disclosure must also state:
30 1. The date of the background screening.
31 2. The full name and job description of the current
32 employee, or the full name and anticipated job description of
33 the potential employee, whose background screening results
34 indicated that he or she was convicted of:
35 a. Credit card theft;
36 b. A crime involving violence; or
37 c. Sexual battery.
38 (b) The written disclosure shall also contain a prominent
39 acknowledgement of receipt that shall be signed by the tenant in
40 the presence of a witness. A rental agreement or rental
41 agreement renewal is not complete until such acknowledgement is
42 signed. Such disclosure and acknowledgment shall be maintained
43 by the landlord within the tenant’s file and be made available
44 to the tenant upon request.
45 (4) A tenant may, within 3 business days after completing a
46 rental agreement or rental agreement renewal and upon written
47 notice to the landlord, terminate such agreement or renewal and
48 receive a refund of all deposit money without penalty if such
49 agreement or renewal disclosed, and the tenant acknowledged,
50 that any of the landlord’s current or potential employees were
51 convicted of an offense listed in subparagraph (3)(a)2.
52 (5)(a) A rental agreement or rental agreement renewal is
53 void, and a tenant may, at any time after completing it and upon
54 written notice to the landlord, terminate such agreement or
55 renewal if:
56 1. It failed to disclose that any of the landlord’s current
57 employees were convicted of an offense listed in subparagraph
58 (3)(a)2.; or
59 2. Within 5 business days after its completion, the
60 landlord hired an employee who was convicted of an offense
61 listed in subparagraph (3)(a)2.
62 (b) If a tenant terminates a rental agreement or rental
63 agreement renewal pursuant to paragraph (a), he or she shall
64 receive a refund of all deposit money without penalty,
65 including, but not limited to, any early termination fees, and
66 all further obligations of the tenant under such agreement or
67 renewal are void. However, the tenant is responsible for any
68 physical damage he or she caused to a premises.
69 Section 2. This act shall take effect July 1, 2018.
70
71 ================= T I T L E A M E N D M E N T ================
72 And the title is amended as follows:
73 Delete everything before the enacting clause
74 and insert:
75 A bill to be entitled
76 An act relating to residential tenancies; creating s.
77 83.684, F.S.; providing definitions; authorizing
78 landlords to require certain employees to undergo
79 level 1 background screenings; providing for the
80 termination or disqualification of certain employees;
81 requiring a written disclosure and signed
82 acknowledgement of receipt in rental agreements and
83 rental agreement renewals; providing requirements for
84 such disclosure and acknowledgement; authorizing
85 tenants to terminate such agreements and renewals
86 under certain circumstances; requiring deposit money
87 to be refunded to tenants upon such termination;
88 providing that tenants are responsible for any damage
89 he or she caused to the premises; providing an
90 effective date.