HOUSE AMENDMENT Bill No. SB 1098
1	CHAMBER ACTION
2	Senate House
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12	Representative Ambler offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
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17	Section 1. Part IV of chapter 250, Florida Statutes,
18	consisting of sections 250.80, 250.81, 250.82, 250.83, and
19	250.84, is created to read:
20	PART IV
21	FLORIDA UNIFORMED SERVICEMEMBERS PROTECTION ACT
22	250.80 Popular name.--Sections 250.80-250.84 may be known
23	by the popular name the "Florida Uniformed Servicemembers
24	Protection Act."
25	250.81 Legislative intent.--It is the intent of the
26	Legislature that men and women who serve in the Florida National
27	Guard, the United States Armed Forces, and Armed Forces Reserves
28	understand their rights under applicable state and federal laws.
29	Further, it is the intent of the Legislature that Florida
30	residents and businesses understand the rights afforded to the
31	men and women who volunteer their time and sacrifice their lives
32	to protect the freedoms granted by the Constitutions of the
33	United States and the State of Florida.
34	250.82 Applicability of federal law.--
35	(1) Florida law provides certain protections to members of
36	the United States Armed Forces, the United States Reserve
37	Forces, and the Florida National Guard in various legal
38	proceedings and contractual relationships. In addition to these
39	state provisions, federal law also contains protections, such as
40	those provided in the Soldiers' and Sailors' Civil Relief
41	Act(SSCRA), Title 50, Appendix United States Code, Section 501,
42	et seq., and the Uniformed Services Employment and Reemployment
43	Rights Act (USERRA), Title 38 United States Code, Chapter 43,
44	that are applicable to members in every state even though such
45	provisions are not specifically identified under state law.
46	(2) To the extent allowed by federal law, the state courts
47	shall have concurrent jurisdiction for enforcement over all
48	causes of action arising from the provisions of federal law and
49	may award a remedy as provided therein.
50	250.83 Construction of part.--In the event that any other
51	provision of law conflicts with SSCRA, USERRA, or the provisions
52	of this chapter, the provisions of SSCRA, USERRA, or the
53	provisions of this chapter, whichever is applicable, shall
54	control. Nothing in this part shall construe rights or
55	responsibilities not provided under the SSCRA, USERRA, or this
56	chapter.
57	250.84 Florida Uniformed Servicemembers Protection Act;
58	rights of servicemembers; incorporation by reference.--
59	(1)(a) It is the intent of the Legislature to ensure that
60	those individuals affected by the provisions of the Florida
61	Uniformed Servicemembers Protection Act be made aware of the
62	rights and responsibilities of servicemembers. The Department
63	of Military Affairs shall make available a document containing
64	the rights and responsibilities of servicemembers set forth in
65	Florida Statutes, either through printed or electronic means, to
66	appropriate state or local organizations composed of parties
67	affected by said rights, including, but not limited to, those
68	representing:
69	1. Motor vehicle dealers.
70	2. Financial institutions and mortgage brokers.
71	3. Telecommunications service companies.
72	4. Residential tenancies.
73	5. Real estate salespersons and brokers.
74	6. Members of the Florida Bar Association who serve on a
75	military affairs-related committee.
76	(b) The Department of Military Affairs shall also make
77	available a document containing the rights and responsibilities
78	of servicemembers set forth in Florida Statutes, either through
79	printed or electronic means, to servicemembers and their
80	families.
81	(c) Such documents containing the rights and
82	responsibilities of servicemembers set forth in this act shall
83	include an enumeration of all rights and responsibilities under
84	state and federal law, including, but not limited to:
85	1. The rights and responsibilities provided by the Florida
86	Uniformed Servicemembers Protection Act, including a listing of
87	all sections of Florida Statutes relating to servicemembers.
88	2. The rights and responsibilities provided by the
89	Soldiers' and Sailors' Civil Relief Act.
90	3. The rights and responsibilities provided by the
91	Uniformed Servicemembers Employment and Reemployment Rights Act.
92	Section 2. Subsections (14), (15), and (16) are added to
93	section 83.43, Florida Statutes, to read:
94	83.43 Definitions.--As used in this part, the following
95	words and terms shall have the following meanings unless some
96	other meaning is plainly indicated:
97	(14) "Servicemember" shall have the same meaning as
98	provided in s. 250.01.
99	(15) "Active duty" shall have the same meaning as provided
100	in s. 250.01.
101	(16) "State active duty” shall have the same meaning as
102	provided in s. 250.01.
103	Section 3. Subsection (1) of section 83.64, Florida
104	Statutes, is amended to read:
105	83.64 Retaliatory conduct.--
106	(1) It is unlawful for a landlord to discriminatorily
107	increase a tenant's rent or decrease services to a tenant, or to
108	bring or threaten to bring an action for possession or other
109	civil action, primarily because the landlord is retaliating
110	against the tenant. In order for the tenant to raise the defense
111	of retaliatory conduct, the tenant must have acted in good
112	faith. Examples of conduct for which the landlord may not
113	retaliate include, but are not limited to, situations where:
114	(a) The tenant has complained to a governmental agency
115	charged with responsibility for enforcement of a building,
116	housing, or health code of a suspected violation applicable to
117	the premises;
118	(b) The tenant has organized, encouraged, or participated
119	in a tenants' organization; or
120	(c) The tenant has complained to the landlord pursuant to
121	s. 83.56(1); or.
122	(d) The tenant is a servicemember who has terminated a
123	rental agreement pursuant to s. 83.682.
124	Section 4. Section 83.67, Florida Statutes, is amended to
125	read:
126	83.67 Prohibited practices.--
127	(1) No landlord of any dwelling unit governed by this part
128	shall cause, directly or indirectly, the termination or
129	interruption of any utility service furnished the tenant,
130	including, but not limited to, water, heat, light, electricity,
131	gas, elevator, garbage collection, or refrigeration, whether or
132	not the utility service is under the control of, or payment is
133	made by, the landlord.
134	(2) No landlord of any dwelling unit governed by this part
135	shall prevent the tenant from gaining reasonable access to the
136	dwelling unit by any means, including, but not limited to,
137	changing the locks or using any bootlock or similar device.
138	(3) No landlord of any dwelling unit governed by this part
139	shall discriminate against a servicemember in offering a
140	dwelling unit for rent or in any of the terms of the rental
141	agreement.
142	(4)(3)No landlord of any dwelling unit governed by this
143	part shall remove the outside doors, locks, roof, walls, or
144	windows of the unit except for purposes of maintenance, repair,
145	or replacement; nor shall the landlord remove the tenant's
146	personal property from the dwelling unit unless said action is
147	taken after surrender, abandonment, or a lawful eviction. If
148	provided in the rental agreement or a written agreement separate
149	from the rental agreement, upon surrender or abandonment by the
150	tenant, the landlord is not required to comply with s. 715.104
151	and is not liable or responsible for storage or disposition of
152	the tenant's personal property; if provided in the rental
153	agreement there must be printed or clearly stamped on such
154	rental agreement a legend in substantially the following form:
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156	BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT
157	UPON SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA
158	STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR
159	STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
160
161	For the purposes of this section, abandonment shall be as set
162	forth in s. 83.59(3)(c).
163	(5)(4)A landlord who violates the provisions of this
164	section shall be liable to the tenant for actual and
165	consequential damages or 3 months' rent, whichever is greater,
166	and costs, including attorney's fees. Subsequent or repeated
167	violations which are not contemporaneous with the initial
168	violation shall be subject to separate awards of damages.
169	(6)(5)A violation of this section shall constitute
170	irreparable harm for the purposes of injunctive relief.
171	(7)(6)The remedies provided by this section are not
172	exclusive and shall not preclude the tenant from pursuing any
173	other remedy at law or equity which the tenant may have. The
174	remedies provided by this section shall also apply to a
175	servicemember who is a prospective tenant who has been
176	discriminated against under subsection (3).
177	Section 5. Section 83.682, Florida Statutes, is amended to
178	read:
179	83.682 Termination of rental agreement by a servicemember
180	member of the United States Armed Forces.--
181	(1)(a) Any servicemembermember of the United States Armed
182	Forces who is required to move pursuant to permanent change of
183	station orders to depart 35 miles or more from the location of a
184	rental premises or who is prematurely or involuntarily
185	discharged or released from active duty with the United States
186	Armed Forcesmay terminate his or her rental agreement by
187	providing the landlord with a written notice of termination to
188	be effective on the date stated in the notice that is at least
189	30 days after the landlord's receipt of the notice if any of the
190	following criteria are met:.
191	(a) The servicemember is required, pursuant to a permanent
192	change of station orders, to move 35 miles or more from the
193	location of the rental premises;
194	(b) The servicemember is prematurely or involuntarily
195	discharged or released from active duty or state active duty;
196	(c) The servicemember is released from active duty or
197	state active duty after having leased the rental premises while
198	on active duty or state active duty status and the rental
199	premises is 35 miles or more from the servicemember’s home of
200	record prior to entering active duty or state active duty;
201	(d) After entering into a rental agreement, the
202	servicemember receives military orders requiring him or her to
203	move into government quarters or the servicemember becomes
204	eligible to live in and opts to move into government quarters;
205	(e) The servicemember receives temporary duty orders,
206	temporary change of station orders, or state active duty orders
207	to an area 35 miles or more from the location of the rental
208	premises, provided such orders are for a period exceeding 60
209	days; or
210	(f) The servicemember has leased the property, but prior
211	to taking possession of the rental premises, receives a change
212	of orders to an area that is 35 miles or more from the location
213	of the rental premises.
214	(2)The notice to the landlord must be accompanied by
215	either a copy of the official military orders or a written
216	verification signed by the servicemember'smember'scommanding
217	officer.
218	(3)(b) In the event a servicemembermember of the United
219	States Armed Forcesdies during active duty, an adult member of
220	his or her immediate family may terminate the servicemember's
221	member'srental agreement by providing the landlord with a
222	written notice of termination to be effective on the date stated
223	in the notice that is at least 30 days after the landlord's
224	receipt of the notice. The notice to the landlord must be
225	accompanied by either a copy of the official military orders
226	showing the servicemember was on active dutyor a written
227	verification signed by the servicemember'smember'sCommanding
228	Officer and a copy of the servicemember’s death certificate.
229	(4)(2)Upon termination of a rental agreement under this
230	section, the tenant is liable for the rent due under the rental
231	agreement prorated to the effective date of the termination
232	payable at such time as would have otherwise been required by
233	the terms of the rental agreement. The tenant is not liable for
234	any other rent or damages due to the early termination of the
235	tenancy as provided for in this sectionexcept the liquidated
236	damages provided in this section. Notwithstanding any provision
237	of this section to the contrary,if a tenant terminates the
238	rental agreement pursuant to this section 14 or more days prior
239	to occupancy, no damages or penalties of any kind will be
240	assessableare due.
241	(3) In consideration of early termination of the rental
242	agreement, the tenant is liable to the landlord for liquidated
243	damages provided the tenant has completed less than 9 months of
244	the tenancy and the landlord has suffered actual damages due to
245	loss of the tenancy. The liquidated damages must be no greater
246	than 1 month's rent if the tenant has completed less than 6
247	months of the tenancy as of the effective date of termination,
248	or one-half of 1 month's rent if the tenant has completed at
249	least 6 but not less than 9 months of the tenancy as of the
250	effective date of termination.
251	(5)(4)The provisions of this section may not be waived or
252	modified by the agreement of the parties under any
253	circumstances.
254	Section 6. Section 115.02, Florida Statutes, is amended to
255	read:
256	115.02 Governor to grant application; proviso.--When any
257	such officer shall be granted a leave of absence pursuant to
258	this chaptervolunteer or be called into the service of the
259	United States during war, the Governor shall, upon application
260	being made by such officer, grant such officer leave of absence
261	during the time he or she shall be retained in such military
262	service; provided, such service shall not extend beyond the term
263	of office of such officer, in which event the office shall be
264	filled by election at the expiration thereof.
265	Section 7. Section 115.08, Florida Statutes, is amended to
266	read:
267	115.08 Definitions.--
268	(1) The term "active military service" as used in this
269	chapterlawshall signify active duty in the Florida defense
270	force or federal service in training or on active duty with any
271	branch of the Armed Forces or Reservists of the Armed Forces,
272	the Florida National GuardArmy of the United States, the United
273	States Navy, the Marine Corps of the United States, the Coast
274	Guard of the United States, and service of all officers of the
275	United States Public Health Service detailed by proper authority
276	for duty with the Armed Forceseither with the army or the navy,
277	and shall include the period during which a person in military
278	service is absent from duty on account of sickness, wounds,
279	leave, or other lawful cause.
280	(2) The term "period of active military service" as used
281	in this chapterlawshall begin with the date of entering upon
282	active military service, and shall terminate with death or a
283	date 30 days immediately next succeeding the date of release or
284	discharge from active military service, or upon return from
285	active military service, whichever shall occur first.
286	(3) The term "servicemember” as used in this chapter shall
287	have the same meaning as provided in s. 250.01.
288	Section 8. Section 115.09, Florida Statutes, is amended to
289	read:
290	115.09 Leave to public officials for military
291	service.--All officials of the state, the several counties of
292	the state, and the municipalities or political subdivisions of
293	the state, including district school and community college
294	officers, which officials are also servicemembersofficers or
295	enlisted personnelin the National Guard or a reserve component
296	of the Armed Forces of the United States, shallmay, subject to
297	the provisions and conditions hereafter set forth,be granted
298	leave of absence from their respective offices and duties to
299	perform active military service, the first 30 days of any such
300	leave of absence to be with full pay.
301	Section 9. Section 115.10, Florida Statutes, is repealed.
302	Section 10. Section 115.12, Florida Statutes, is amended
303	to read:
304	115.12 Rights during leave.--
305	(1)During such leave of absence such official shall be
306	entitled to preserve all seniority rights, efficiency ratings,
307	promotional status and retirement privileges. The period of
308	active military service shall, for purposes of computation to
309	determine whether such person may be entitled to retirement
310	under the laws of the state, be deemed continuous service in the
311	office of said official. While absent on such leave without pay,
312	said official shall not be required to make any contribution to
313	any retirement fund.
314	(2) The employing authority shall adhere to all the
315	provisions contained in the Uniformed Services Employment and
316	Reemployment Rights Act, chapter 43 of Title 38 U.S.C.
317	Section 11. Section 115.13, Florida Statutes, is amended
318	to read:
319	115.13 Resumption of official duties.--Upon said officer
320	terminating his or her active military service, he or she shall
321	immediatelyenter upon the duties of office for the unexpired
322	portion of the term for which he or she was elected or
323	appointed, in accordance with the limits provided under the
324	Uniformed Services Employment and Reemployment Rights Act,
325	chapter 43 of Title 38 U.S.C.
326	Section 12. Section 115.14, Florida Statutes, is amended
327	to read:
328	115.14 Employees.--All employees of the state, the several
329	counties of the state, and the municipalities or political
330	subdivisions of the state shallmay, in the discretion of the
331	employing authority of such employee,be granted leave of
332	absence under the terms of this law; upon such leave of absence
333	being granted said employee shall enjoy the same rights and
334	privileges as are hereby granted to officials under this law,
335	insofar as may be, including, without limitation, receiving full
336	pay for the first 30 days. Notwithstanding the provisions of s.
337	115.09, the employing authority may supplement the military pay
338	of its officials and employees who are reservists called to
339	active military service after the first 30 daysfor the first 30
340	days with full pay and, thereafter,in an amount necessary to
341	bring their total salary, inclusive of their base military pay,
342	to the level earned at the time they were called to active
343	military duty. The employing authority shallmay also, in its
344	discretion, continue to provide allanyhealth insurance and
345	other existing benefits to such officials and employees as
346	required by the Uniformed Services Employment and Reemployment
347	Rights Act, chapter 43 of Title 38 U.S.C.
348	Section 13. Section 115.15, Florida Statutes, is amended
349	to read:
350	115.15 Adoption of federal law for employees.--The
351	provisions of the Uniformed Services Employment and Reemployment
352	Rights Act, chapter 43 of Title 38 U.S.C., section 8 of chapter
353	720 Acts of Congress of the United States, approved September
354	16, 1940 (Title 50 App. Section 308, U.S.C.A.), insofar as it
355	relates to the reemployment of public employees granted a leave
356	of absence on active military duty under this law, shall be
357	applicable in this state and the refusal of any state, county,
358	or municipal official to comply therewith shall subject him or
359	her to removal from office.
360	Section 14. Section 250.01, Florida Statutes, is amended
361	to read:
362	(Substantial rewording of section. See
363	s. 250.01, F.S., for present text.)
364	250.01 Definitions.--As used in this chapter, the term:
365	(1) "Active duty" means full-time duty in active military
366	service of the United States. The term includes federal duty
367	such as full-time training, annual training, and attendance
368	while a person is in active military service or in a school
369	designated as a service school by law or by the secretary of the
370	applicable military department. The term does not mean full-time
371	duty in the National Guard.
372	(2) "State active duty" means full-time duty in active
373	military service of the State of Florida when ordered by the
374	Governor or Adjutant General in accordance with s. 250.06, s.
375	250.10, or s. 250.28 to preserve the public peace, execute the
376	laws of the state, suppress insurrection, repel invasion,
377	enhance security and respond to terrorist threats or attacks,
378	respond to an emergency as defined in s. 252.34 or to imminent
379	danger of an emergency, enforce the law, carry out counter-drug
380	operations, provide training, provide for the security of the
381	rights or lives of the public, protect property, or conduct
382	ceremonies. The term includes the duties of officers or enlisted
383	personnel who are employed under the order of the Governor in
384	recruiting; making tours of instruction; inspecting troops,
385	armories, storehouses, campsites, rifle ranges, or military
386	property; sitting on general or special courts-martial, boards
387	of examination, courts of inquiry, or boards of officers; or
388	making or assisting in physical examinations.
389
390	The terms shall also include the period during which a person in
391	active military service is absent from duty as a result of
392	illness, being wounded, being on leave, or other lawful cause.
393	(3) "SSCRA” means the Soldiers' and Sailors' Civil Relief
394	Act, Title 50, Appendix U.S.C. s. 501 et seq.
395	(4) "Servicemember” means any person serving as a member
396	of the United States Armed Forces on active duty or state active
397	duty and all members of the Florida National Guard and United
398	States Reserve Forces.
399	(5) "USERRA” means the Uniformed Services Employment and
400	Reemployment Rights Act, chapter 43 of Title 38 U.S.C.
401	Section 15. Paragraph (e) is added to subsection (3) of
402	section 320.07, Florida Statutes, present subsection (5) is
403	renumbered as subsection (6) and amended, and a new subsection
404	(5) is added to said section, to read:
405	320.07 Expiration of registration; annual renewal
406	required; penalties.--
407	(3) The operation of any motor vehicle without having
408	attached thereto a registration license plate and validation
409	stickers, or the use of any mobile home without having attached
410	thereto a mobile home sticker, for the current registration
411	period shall subject the owner thereof, if he or she is present,
412	or, if the owner is not present, the operator thereof to the
413	following penalty provisions:
414	(e) Any servicemember, as defined in s. 250.01, whose
415	mobile home registration has expired while serving on active
416	duty or state active duty shall not be charged with a violation
417	of this subsection if, at the time of the offense, the
418	servicemember was serving on active duty or state active duty 35
419	miles or more from the mobile home. The servicemember must
420	present to the department either a copy of the official military
421	orders or a written verification signed by the servicemember's
422	commanding officer to waive charges.
423	(5) Any servicemember, as defined in s. 250.01, whose
424	motor vehicle or mobile home registration has expired while
425	serving on active duty or state active duty, shall be able to
426	renew his or her registration upon return from active duty or
427	state active duty without penalty, if the servicemember served
428	on active duty or state active duty 35 miles or more from the
429	servicemember’s home of record prior to entering active duty or
430	state active duty. The servicemember must provide to the
431	department either a copy of the official military orders or a
432	written verification signed by the servicemember's commanding
433	officer to waive delinquent fees.
434	(6)(5)Delinquent fees imposed under this section shall
435	not be apportionable under the International Registration Plan.
436	Section 16. Section 364.195, Florida Statutes, is created
437	to read:
438	364.195 Termination of telecommunications service contract
439	by a servicemember.--
440	(1) Any servicemember, as defined in s. 250.01, may
441	terminate his or her telecommunications service contract by
442	providing the telecommunications company with a written notice
443	of termination, effective on the date specified in the notice,
444	which date shall be at least 30 days after receipt of the notice
445	by the telecommunications company, if any of the following
446	criteria are met:
447	(a) The servicemember is required, pursuant to a permanent
448	change of station orders, to move outside the area served by the
449	telecommunications company or to an area where the type of
450	telecommunications service being provided to the servicemember
451	is not available from the telecommunications company;
452	(b) The servicemember is discharged or released from
453	active duty or state active duty and will return from such duty
454	to an area not served by the telecommunications company or where
455	the type of telecommunications service contracted for is not
456	available from the telecommunications company;
457	(c) The servicemember is released from active duty or
458	state active duty after having entered into a contract for
459	telecommunications service while on active duty or state active
460	duty status and the telecommunications company does not provide
461	telecommunications service or the same type of
462	telecommunications service contracted for in the region of the
463	servicemember’s home of record prior to entering active duty or
464	state active duty;
465	(d) The servicemember receives military orders requiring
466	him or her to move outside the continental United States; or
467	(e) The servicemember receives temporary duty orders,
468	temporary change of station orders, or active duty or state
469	active duty orders to an area not served by the
470	telecommunications company or where the type of
471	telecommunications service contracted for is not available from
472	the telecommunications company, provided such orders are for a
473	period exceeding 60 days.
474	(2) The written notice to the telecommunications company
475	must be accompanied by either a copy of the official military
476	orders or a written verification signed by the servicemember's
477	commanding officer.
478	(3) Upon termination of a contract under this section, the
479	servicemember is liable for the amount due under the contract
480	prorated to the effective date of the termination payable at
481	such time as would have otherwise been required by the terms of
482	the contract. The servicemember is not liable for any other fees
483	due to the early termination of the contract as provided for in
484	this section.
485	(4) The provisions of this section may not be waived or
486	modified by the agreement of the parties under any
487	circumstances.
488	Section 17. Section 520.14, Florida Statutes, is created
489	to read:
490	520.14 Termination of retail installment contract for
491	leasing a motor vehicle by a servicemember.--
492	(1) Any servicemember, as defined in s. 250.01, may
493	terminate his or her retail installment contract for leasing a
494	motor vehicle by providing the sales finance company with a
495	written notice of termination, effective on the date specified
496	in the notice, which date shall be at least 30 days after the
497	receipt of the notice by the sales finance company, if any of
498	the following criteria are met:
499	(a) The servicemember is required, pursuant to a permanent
500	change of station, to move outside the continental United
501	States; or
502	(b) The servicemember receives temporary duty orders,
503	temporary change of station orders, or active duty orders
504	outside the continental United States, provided such orders are
505	for a period exceeding 60 days.
506	(2) The written notice to the sales finance company under
507	subsection (1) must be accompanied by either a copy of the
508	official military orders or a written verification signed by the
509	servicemember's commanding officer.
510	(3) Upon termination of a contract under this section, the
511	lessee is liable for the amount due under the contract, prorated
512	to the effective date of the termination, payable at such time
513	as would have otherwise been required by the terms of the
514	contract. The lessee is not liable for any other fees due to the
515	early termination of the contract as provided for in this
516	section.
517	(4) The provisions of this section may not be waived or
518	modified by the agreement of the parties under any
519	circumstances.
520	Section 18. Subsection (5) is added to section 627.7283,
521	Florida Statutes, to read:
522	627.7283 Cancellation; return of premium.--
523	(5) The insurer must refund 100 percent of the unearned
524	premium if the insured is a servicemember, as defined in s.
525	250.01, who cancels because he or she is called to active duty
526	or transferred by the United States Armed Forces to a location
527	where the insurance is not required. The insurer may require a
528	servicemember to submit either a copy of the official military
529	orders or a written verification signed by the servicemember's
530	commanding officer to support the refund authorized under this
531	subsection. If the insurer cancels, the insurer must refund 100
532	percent of the unearned premium. Cancellation is without
533	prejudice to any claim originating prior to the effective date
534	of the cancellation. For purposes of this section, unearned
535	premiums must be computed on a pro rata basis.
536	Section 19. Section 689.27, Florida Statutes, is created
537	to read:
538	689.27 Termination of agreement to purchase real property
539	by a servicemember.--
540	(1) Notwithstanding any other provisions of law and for
541	the purposes of this section:
542	(a) "Closing” means the finalizing of the sale of
543	property, upon which title to the property is transferred from
544	the seller to the buyer.
545	(b) "Contract” means an instrument purporting to contain
546	an agreement to purchase real property.
547	(c) "Property” means a house, condominium, or mobile home
548	that a servicemember intends to purchase to serve as his or her
549	primary residence.
550	(d) "Servicemember” shall have the same meaning as
551	provided in s. 250.01.
552	(2) Any servicemember may terminate a contract to purchase
553	property, prior to closing on such property, by providing the
554	seller or mortgagor of the property with a written notice of
555	termination to be effective immediately, if any of the following
556	criteria are met:
557	(a) The servicemember is required, pursuant to permanent
558	change of station orders received after entering into a contract
559	for the property and prior to closing, to move 35 miles or more
560	from the location of the property;
561	(b) The servicemember is released from active duty or
562	state active duty after having agreed to purchase the property
563	and prior to closing while serving on active duty or state
564	active duty status, and the property is 35 miles or more from
565	the servicemember’s home of record prior to entering active duty
566	or state active duty;
567	(c) Prior to closing, the servicemember receives military
568	orders requiring him or her to move into government quarters or
569	the servicemember becomes eligible to live in and opts to move
570	into government quarters; or
571	(d) Prior to closing, the servicemember receives temporary
572	duty orders, temporary change of station orders, or active duty
573	or state active duty orders to an area 35 miles or more from
574	the location of the property, provided such orders are for a
575	period exceeding 90 days.
576	(3) The notice to the seller or mortgagor canceling the
577	contract must be accompanied by either a copy of the official
578	military orders or a written verification signed by the
579	servicemember's commanding officer.
580	(4) Upon termination of a contract under this section, the
581	seller or mortgagor or his or her agent shall refund any funds
582	provided by the servicemember under the contract within 7 days.
583	The servicemember is not liable for any other fees due to the
584	termination of the contract as provided for in this section.
585	(5) The provisions of this section may not be waived or
586	modified by the agreement of the parties under any
587	circumstances.
588	Section 20. Subsection (2) of section 1009.531, Florida
589	Statutes, is amended to read:
590	1009.531 Florida Bright Futures Scholarship Program;
591	student eligibility requirements for initial awards.--
592	(2) A student is eligible to accept an initial award for 3
593	years following high school graduation and to accept a renewal
594	award for 7 years following high school graduation. A student
595	who applies for an award by high school graduation and who meets
596	all other eligibility requirements, but who does not accept his
597	or her award, may reapply during subsequent application periods
598	up to 3 years after high school graduation. For a student who
599	enlists in the United States Armed Forces immediately after
600	completion of high school, the 3-year eligibility period for his
601	or her initial award shall begin upon the date of separation
602	from active duty. For a student who is receiving a Florida
603	Bright Futures Scholarship and discontinues his or her education
604	to enlist in the United States Armed Forces, the remainder of
605	his or her 7-year renewal period shall commence upon the date of
606	separation from active duty.
607	Section 21. Subsection (1) of section 1009.532, Florida
608	Statutes, is amended to read:
609	1009.532 Florida Bright Futures Scholarship Program;
610	student eligibility requirements for renewal awards.--
611	(1) To be eligible to renew a scholarship from any of the
612	three types of scholarships under the Florida Bright Futures
613	Scholarship Program, a student must:
614	(a) Complete at least 12 semester credit hours or the
615	equivalent in the last academic year in which the student earned
616	a scholarship.
617	(b) Maintain the cumulative grade point average required
618	by the scholarship program, except that:
619	1. If a recipient's grades fall beneath the average
620	required to renew a Florida Academic Scholarship, but are
621	sufficient to renew a Florida Medallion Scholarship or a Florida
622	Gold Seal Vocational Scholarship, the Department of Education
623	may grant a renewal from one of those other scholarship
624	programs, if the student meets the renewal eligibility
625	requirements; or
626	2. If, at any time during the eligibility period, a
627	student's grades are insufficient to renew the scholarship, the
628	student may restore eligibility by improving the grade point
629	average to the required level. A student is eligible for such a
630	reinstatement only once. The Legislature encourages education
631	institutions to assist students to calculate whether or not it
632	is possible to raise the grade point average during the summer
633	term. If the institution determines that it is possible, the
634	education institution may so inform the department, which may
635	reserve the student's award if funds are available. The renewal,
636	however, must not be granted until the student achieves the
637	required cumulative grade point average. If the summer term is
638	not sufficient to raise the grade point average to the required
639	renewal level, the student's next opportunity for renewal is the
640	fall semester of the following academic year; or.
641	3. If a student is receiving a Florida Bright Futures
642	Scholarship, is a servicemember of the Florida National Guard or
643	United States Reserves while attending a postsecondary
644	institution, is called to active duty or state active duty, as
645	defined in s. 250.01, prior to completing his or her degree, and
646	meets all other requirements for the scholarship, the student
647	shall be eligible to continue the scholarship for 2 years after
648	completing active duty or state active duty.
649	Section 22. This act shall take effect upon becoming a
650	law.
651
652	================= T I T L E A M E N D M E N T =================
653	Remove the entire title, and insert:
654
655	A bill to be entitled
656	An act relating to military affairs; creating pt. IV of
657	ch. 250, F.S., the "Florida Uniformed Servicemembers
658	Protection Act"; providing a popular name; providing
659	legislative intent; providing for applicability of
660	specified federal laws to servicemembers when serving on
661	active duty or state active duty; providing for
662	jurisdiction of the courts; providing for construction of
663	pt. IV of ch. 250, F.S.; amending s. 83.43, F.S.; defining
664	"servicemember," "active duty," and "state active duty"
665	for purposes of the Florida Residential Landlord and
666	Tenant Act; amending s. 83.64, F.S.; prohibiting
667	retaliatory action by a landlord for termination of a
668	rental agreement by a servicemember; amending s. 83.67,
669	F.S.; prohibiting a landlord from discriminating against a
670	servicemember in offering a dwelling unit for rent or in
671	any of the terms of a rental agreement; providing for
672	applicability of remedies to servicemembers who are
673	prospective tenants and the subject of such
674	discrimination; amending s. 83.682, F.S.; providing
675	conditions under which a servicemember may terminate his
676	or her rental agreement; revising terminology; revising
677	liability of a servicemember in the event of early
678	termination of a tenancy; amending s. 115.02, F.S.;
679	revising provisions with respect to the granting of a
680	leave of absence to an officer; amending s. 115.08, F.S.;
681	revising the definition of "active military service" and
682	"period of active military service" and providing a
683	definition of "servicemember"; amending s. 115.09, F.S.;
684	requiring the granting of leave of absence for state,
685	county, and municipal officials who are servicemembers;
686	repealing s. 115.10, F.S., relating to granting and denial
687	of leave of absence for public officials by the Governor;
688	amending s. 115.12, F.S.; revising provisions relating to
689	rights during leave to provide that the employing
690	authority must adhere to the provisions of the federal
691	Uniformed Services Employment and Reemployment Rights Act;
692	amending s. 115.13, F.S.; revising provisions relating to
693	resumption of official duties; amending s. 115.14, F.S.;
694	requiring the granting of leave of absence for state,
695	county, and municipal employees; revising provisions with
696	respect to supplemental pay for reservist officials and
697	employees called to active military service; requiring an
698	employing authority to continue to provide all health
699	insurance and other existing benefits; amending s. 115.15,
700	F.S.; providing for applicability of the federal Uniformed
701	Services Employment and Reemployment Rights Act; amending
702	s. 250.01, F.S.; providing definitions; amending s.
703	320.07, F.S.; exempting servicemembers from penalties for
704	expiration of mobile home and motor vehicle registrations
705	when such registrations expire while the servicemember is
706	serving on active duty or state active duty; creating s.
707	364.195, F.S.; providing requirements and procedure with
708	respect to termination of a telecommunications service
709	contract by a servicemember; creating s. 520.14, F.S.;
710	providing requirements and procedure with respect to the
711	termination of a retail installment contract for leasing a
712	motor vehicle by a servicemember; amending s. 627.7283,
713	F.S.; requiring motor vehicle insurance companies to
714	refund the entire unearned portion of a premium upon
715	cancellation of motor vehicle insurance by a servicemember
716	when the servicemember is required to move pursuant to
717	specified orders; creating s. 689.27, F.S.; providing
718	definitions; providing requirements and procedure with
719	respect to the termination of an agreement to purchase
720	real property by a servicemember; amending s. 1009.531,
721	F.S.; extending the eligibility period for the Florida
722	Bright Futures Scholarship Program for students who enlist
723	in the armed forces or reserves immediately after
724	completion of high school; amending s. 1009.532, F.S.;
725	providing eligibility for continuation of Florida Bright
726	Futures Scholarships for students attending postsecondary
727	institutions who are also Florida National Guard or United
728	States Reserves servicemembers and are called to active
729	duty or active state duty; providing an effective date.
730
731	WHEREAS, the United States is once again experiencing the
732	mobilization and deployment of U.S. military troops, and
733	WHEREAS, while our military personnel are devoting their
734	entire energy to the needs of our nation, we must ensure that
735	the men and women of the United States military and their
736	families are protected at home, and
737	WHEREAS, the additional protections and benefits provided
738	by this act are necessary and proper given the sacrifice of our
739	men and women in uniform and their families, NOW, THEREFORE,