The Florida Senate

250.5202  Actions for rent or possession by landlord during state active duty.--

(1)  An eviction, distress action, or requirement for deposit of accrued rent into the registry of the court, as provided in part II of chapter 83, may not proceed as to any such person who is called into state active military service for this state during the period of such state active service provided the service person has given written notice to the affected landlord with regard to any premises where the agreed upon rent does not exceed $1,200 per month and where the rental unit is occupied chiefly as a residential dwelling by the service member, the service member's spouse, or dependent. Notwithstanding, a court of competent jurisdiction may allow such an action to proceed based upon a finding of no substantive prejudice to the service person as a result of the ordered military service.

(2)  The court may on its own motion and shall, on application, stay the proceedings for not longer than 3 months unless, in the opinion of the court, the ability of the tenant to pay the agreed rent has not been materially affected by reason of state active duty status.

History.--s. 3, ch. 96-342.