Senate Bill sb1098e2

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  1                      A bill to be entitled

  2         An act relating to military affairs; creating

  3         pt. IV of ch. 250, F.S., the "Florida Uniformed

  4         Servicemembers Protection Act"; providing a

  5         popular name; providing legislative intent;

  6         providing for applicability of specified

  7         federal laws to servicemembers when serving on

  8         active duty or state active duty; providing for

  9         jurisdiction of the courts; providing for

10         construction of pt. IV of ch. 250, F.S.;

11         amending s. 83.43, F.S.; defining

12         "servicemember," "active duty," and "state

13         active duty" for purposes of the Florida

14         Residential Landlord and Tenant Act; amending

15         s. 83.64, F.S.; prohibiting retaliatory action

16         by a landlord for termination of a rental

17         agreement by a servicemember; amending s.

18         83.67, F.S.; prohibiting a landlord from

19         discriminating against a servicemember in

20         offering a dwelling unit for rent or in any of

21         the terms of a rental agreement; providing for

22         applicability of remedies to servicemembers who

23         are prospective tenants and the subject of such

24         discrimination; amending s. 83.682, F.S.;

25         providing conditions under which a

26         servicemember may terminate his or her rental

27         agreement; revising terminology; revising

28         liability of a servicemember in the event of

29         early termination of a tenancy; amending s.

30         115.02, F.S.; revising provisions with respect

31         to the granting of a leave of absence to an


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 1         officer; amending s. 115.08, F.S.; revising the

 2         definition of "active military service" and

 3         "period of active military service" and

 4         providing a definition of "servicemember";

 5         amending s. 115.09, F.S.; requiring the

 6         granting of leave of absence for state, county,

 7         and municipal officials who are servicemembers;

 8         repealing s. 115.10, F.S., relating to granting

 9         and denial of leave of absence for public

10         officials by the Governor; amending s. 115.12,

11         F.S.; revising provisions relating to rights

12         during leave to provide that the employing

13         authority must adhere to the provisions of the

14         federal Uniformed Services Employment and

15         Reemployment Rights Act; amending s. 115.13,

16         F.S.; revising provisions relating to

17         resumption of official duties; amending s.

18         115.14, F.S.; requiring the granting of leave

19         of absence for state, county, and municipal

20         employees; revising provisions with respect to

21         supplemental pay for reservist officials and

22         employees called to active military service;

23         requiring an employing authority to continue to

24         provide all health insurance and other existing

25         benefits; amending s. 115.15, F.S.; providing

26         for applicability of the federal Uniformed

27         Services Employment and Reemployment Rights

28         Act; amending s. 250.01, F.S.; providing

29         definitions; amending s. 320.07, F.S.;

30         exempting servicemembers from penalties for

31         expiration of mobile home and motor vehicle


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 1         registrations when such registrations expire

 2         while the servicemember is serving on active

 3         duty or state active duty; creating s. 364.195,

 4         F.S.; providing requirements and procedure with

 5         respect to termination of a telecommunications

 6         service contract by a servicemember; creating

 7         s. 520.14, F.S.; providing requirements and

 8         procedure with respect to the termination of a

 9         retail installment contract for leasing a motor

10         vehicle by a servicemember; amending s.

11         627.7283, F.S.; requiring motor vehicle

12         insurance companies to refund the entire

13         unearned portion of a premium upon cancellation

14         of motor vehicle insurance by a servicemember

15         when the servicemember is required to move

16         pursuant to specified orders; creating s.

17         689.27, F.S.; providing definitions; providing

18         requirements and procedure with respect to the

19         termination of an agreement to purchase real

20         property by a servicemember; amending s.

21         1009.531, F.S.; extending the eligibility

22         period for the Florida Bright Futures

23         Scholarship Program for students who enlist in

24         the armed forces or reserves immediately after

25         completion of high school; amending s.

26         1009.532, F.S.; providing eligibility for

27         continuation of Florida Bright Futures

28         Scholarships for students attending

29         postsecondary institutions who are also Florida

30         National Guard or United States Reserves

31  


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 1         servicemembers and are called to active duty or

 2         active state duty; providing an effective date.

 3  

 4         WHEREAS, the United States is once again experiencing

 5  the mobilization and deployment of U.S. military troops, and

 6         WHEREAS, while our military personnel are devoting

 7  their entire energy to the needs of our nation, we must ensure

 8  that the men and women of the United States military and their

 9  families are protected at home, and

10         WHEREAS, the additional protections and benefits

11  provided by this act are necessary and proper given the

12  sacrifice of our men and women in uniform and their families,

13  NOW, THEREFORE,

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

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

23  known by the popular name the "Florida Uniformed

24  Servicemembers Protection Act."

25         250.81  Legislative intent.--It is the intent of the

26  Legislature that men and women who serve in the Florida

27  National Guard, the United States Armed Forces, and Armed

28  Forces Reserves understand their rights under applicable state

29  and federal laws. Further, it is the intent of the Legislature

30  that Florida residents and businesses understand the rights

31  afforded to the men and women who volunteer their time and


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 1  sacrifice their lives to protect the freedoms granted by the

 2  Constitutions of the United States and the State of Florida.

 3         250.82  Applicability of federal law.--

 4         (1)  Florida law provides certain protections to

 5  members of the United States Armed Forces, the United States

 6  Reserve Forces, and the Florida National Guard in various

 7  legal proceedings and contractual relationships. In addition

 8  to these state provisions, federal law also contains

 9  protections, such as those provided in the Soldiers' and

10  Sailors' Civil Relief Act (SSCRA), Title 50, Appendix United

11  States Code, Section 501, et seq., and the Uniformed Services

12  Employment and Reemployment Rights Act (USERRA), Title 38

13  United States Code, chapter 43, that are applicable to members

14  in every state even though such provisions are not

15  specifically identified under state law.

16         (2)  To the extent allowed by federal law, the state

17  courts shall have concurrent jurisdiction for enforcement over

18  all causes of action arising from the provisions of federal

19  law and may award a remedy as provided therein.

20         250.83  Construction of part.--In the event that any

21  other provision of law conflicts with SSCRA, USERRA, or the

22  provisions of this chapter, the provisions of SSCRA, USERRA,

23  or the provisions of this chapter, whichever is applicable,

24  shall control. Nothing in this part shall construe rights or

25  responsibilities not provided under the SSCRA, USERRA, or this

26  chapter.

27         250.84  Florida Uniformed Servicemembers Protection

28  Act; rights of servicemembers; incorporation by reference.--

29         (1)(a)  It is the intent of the Legislature to ensure

30  that those individuals affected by the provisions of the

31  Florida Uniformed Servicemembers Protection Act be made aware


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 1  of the rights and responsibilities of servicemembers.  The

 2  Department of Military Affairs shall make available a document

 3  containing the rights and responsibilities of servicemembers

 4  set forth in Florida Statutes, either through printed or

 5  electronic means, to appropriate state or local organizations

 6  composed of parties affected by said rights, including, but

 7  not limited to, those representing:

 8         1.  Motor vehicle dealers.

 9         2.  Financial institutions and mortgage brokers.

10         3.  Telecommunications service companies.

11         4.  Residential tenancies.

12         5.  Real estate salespersons and brokers.

13         6.  Members of the Florida Bar Association who serve on

14  a military affairs-related committee.

15         (b)  The Department of Military Affairs shall also make

16  available a document containing the rights and

17  responsibilities of servicemembers set forth in Florida

18  Statutes, either through printed or electronic means, to

19  servicemembers and their families.

20         (c)  Such documents containing the rights and

21  responsibilities of servicemembers set forth in this act shall

22  include an enumeration of all rights and responsibilities

23  under state and federal law, including, but not limited to:

24         1.  The rights and responsibilities provided by the

25  Florida Uniformed Servicemembers Protection Act, including a

26  listing of all sections of Florida Statutes relating to

27  servicemembers.

28         2.  The rights and responsibilities provided by the

29  Soldiers' and Sailors' Civil Relief Act.

30  

31  


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 1         3.  The rights and responsibilities provided by the

 2  Uniformed Servicemembers Employment and Reemployment Rights

 3  Act.

 4         Section 2.  Subsections (14), (15), and (16) are added

 5  to section 83.43, Florida Statutes, to read:

 6         83.43  Definitions.--As used in this part, the

 7  following words and terms shall have the following meanings

 8  unless some other meaning is plainly indicated:

 9         (14)  "Servicemember" shall have the same meaning as

10  provided in s. 250.01.

11         (15)  "Active duty" shall have the same meaning as

12  provided in s. 250.01.

13         (16)  "State active duty" shall have the same meaning

14  as provided in s. 250.01.

15         Section 3.  Subsection (1) of section 83.64, Florida

16  Statutes, is amended to read:

17         83.64  Retaliatory conduct.--

18         (1)  It is unlawful for a landlord to discriminatorily

19  increase a tenant's rent or decrease services to a tenant, or

20  to bring or threaten to bring an action for possession or

21  other civil action, primarily because the landlord is

22  retaliating against the tenant. In order for the tenant to

23  raise the defense of retaliatory conduct, the tenant must have

24  acted in good faith. Examples of conduct for which the

25  landlord may not retaliate include, but are not limited to,

26  situations where:

27         (a)  The tenant has complained to a governmental agency

28  charged with responsibility for enforcement of a building,

29  housing, or health code of a suspected violation applicable to

30  the premises;

31  


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 1         (b)  The tenant has organized, encouraged, or

 2  participated in a tenants' organization; or

 3         (c)  The tenant has complained to the landlord pursuant

 4  to s. 83.56(1); or.

 5         (d)  The tenant is a servicemember who has terminated a

 6  rental agreement pursuant to s. 83.682.

 7         Section 4.  Section 83.67, Florida Statutes, is amended

 8  to read:

 9         83.67  Prohibited practices.--

10         (1)  No landlord of any dwelling unit governed by this

11  part shall cause, directly or indirectly, the termination or

12  interruption of any utility service furnished the tenant,

13  including, but not limited to, water, heat, light,

14  electricity, gas, elevator, garbage collection, or

15  refrigeration, whether or not the utility service is under the

16  control of, or payment is made by, the landlord.

17         (2)  No landlord of any dwelling unit governed by this

18  part shall prevent the tenant from gaining reasonable access

19  to the dwelling unit by any means, including, but not limited

20  to, changing the locks or using any bootlock or similar

21  device.

22         (3)  No landlord of any dwelling unit governed by this

23  part shall discriminate against a servicemember in offering a

24  dwelling unit for rent or in any of the terms of the rental

25  agreement.

26         (4)(3)  No landlord of any dwelling unit governed by

27  this part shall remove the outside doors, locks, roof, walls,

28  or windows of the unit except for purposes of maintenance,

29  repair, or replacement; nor shall the landlord remove the

30  tenant's personal property from the dwelling unit unless said

31  action is taken after surrender, abandonment, or a lawful


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 1  eviction. If provided in the rental agreement or a written

 2  agreement separate from the rental agreement, upon surrender

 3  or abandonment by the tenant, the landlord is not required to

 4  comply with s. 715.104 and is not liable or responsible for

 5  storage or disposition of the tenant's personal property; if

 6  provided in the rental agreement there must be printed or

 7  clearly stamped on such rental agreement a legend in

 8  substantially the following form:

 9  

10  BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON

11  SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA

12  STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR

13  STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

14  

15  For the purposes of this section, abandonment shall be as set

16  forth in s. 83.59(3)(c).

17         (5)(4)  A landlord who violates the provisions of this

18  section shall be liable to the tenant for actual and

19  consequential damages or 3 months' rent, whichever is greater,

20  and costs, including attorney' s fees. Subsequent or repeated

21  violations which are not contemporaneous with the initial

22  violation shall be subject to separate awards of damages.

23         (6)(5)  A violation of this section shall constitute

24  irreparable harm for the purposes of injunctive relief.

25         (7)(6)  The remedies provided by this section are not

26  exclusive and shall not preclude the tenant from pursuing any

27  other remedy at law or equity which the tenant may have. The

28  remedies provided by this section shall also apply to a

29  servicemember who is a prospective tenant who has been

30  discriminated against under subsection (3).

31  


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 1         Section 5.  Section 83.682, Florida Statutes, is

 2  amended to read:

 3         83.682  Termination of rental agreement by a

 4  servicemember member of the United States Armed Forces.--

 5         (1)(a)  Any servicemember member of the United States

 6  Armed Forces who is required to move pursuant to permanent

 7  change of station orders to depart 35 miles or more from the

 8  location of a rental premises or who is prematurely or

 9  involuntarily discharged or released from active duty with the

10  United States Armed Forces may terminate his or her rental

11  agreement by providing the landlord with a written notice of

12  termination to be effective on the date stated in the notice

13  that is at least 30 days after the landlord's receipt of the

14  notice if any of the following criteria are met:.

15         (a)  The servicemember is required, pursuant to a

16  permanent change of station orders, to move 35 miles or more

17  from the location of the rental premises;

18         (b)  The servicemember is prematurely or involuntarily

19  discharged or released from active duty or state active duty;

20         (c)  The servicemember is released from active duty or

21  state active duty after having leased the rental premises

22  while on active duty or state active duty status and the

23  rental premises is 35 miles or more from the servicemember's

24  home of record prior to entering active duty or state active

25  duty;

26         (d)  After entering into a rental agreement, the

27  servicemember receives military orders requiring him or her to

28  move into government quarters or the servicemember becomes

29  eligible to live in and opts to move into government quarters;

30         (e)  The servicemember receives temporary duty orders,

31  temporary change of station orders, or state active duty


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 1  orders to an area 35 miles or more from the location of the

 2  rental premises, provided such orders are for a period

 3  exceeding 60 days; or

 4         (f)  The servicemember has leased the property, but

 5  prior to taking possession of the rental premises, receives a

 6  change of orders to an area that is 35 miles or more from the

 7  location of the rental premises.

 8         (2)  The notice to the landlord must be accompanied by

 9  either a copy of the official military orders or a written

10  verification signed by the servicemember's member's commanding

11  officer.

12         (3)(b)  In the event a servicemember member of the

13  United States Armed Forces dies during active duty, an adult

14  member of his or her immediate family may terminate the

15  servicemember's member's rental agreement by providing the

16  landlord with a written notice of termination to be effective

17  on the date stated in the notice that is at least 30 days

18  after the landlord' s receipt of the notice. The notice to the

19  landlord must be accompanied by either a copy of the official

20  military orders showing the servicemember was on active duty

21  or a written verification signed by the servicemember's

22  member's Commanding Officer and a copy of the servicemember's

23  death certificate.

24         (4)(2)  Upon termination of a rental agreement under

25  this section, the tenant is liable for the rent due under the

26  rental agreement prorated to the effective date of the

27  termination payable at such time as would have otherwise been

28  required by the terms of the rental agreement. The tenant is

29  not liable for any other rent or damages due to the early

30  termination of the tenancy as provided for in this section

31  except the liquidated damages provided in this section.


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 1  Notwithstanding any provision of this section to the contrary,

 2  if a tenant terminates the rental agreement pursuant to this

 3  section 14 or more days prior to occupancy, no damages or

 4  penalties of any kind will be assessable are due.

 5         (3)  In consideration of early termination of the

 6  rental agreement, the tenant is liable to the landlord for

 7  liquidated damages provided the tenant has completed less than

 8  9 months of the tenancy and the landlord has suffered actual

 9  damages due to loss of the tenancy. The liquidated damages

10  must be no greater than 1 month's rent if the tenant has

11  completed less than 6 months of the tenancy as of the

12  effective date of termination, or one-half of 1 month's rent

13  if the tenant has completed at least 6 but not less than 9

14  months of the tenancy as of the effective date of termination.

15         (5)(4)  The provisions of this section may not be

16  waived or modified by the agreement of the parties under any

17  circumstances.

18         Section 6.  Section 115.02, Florida Statutes, is

19  amended to read:

20         115.02  Governor to grant application; proviso.--When

21  any such officer shall be granted a leave of absence pursuant

22  to this chapter volunteer or be called into the service of the

23  United States during war, the Governor shall, upon application

24  being made by such officer, grant such officer leave of

25  absence during the time he or she shall be retained in such

26  military service; provided, such service shall not extend

27  beyond the term of office of such officer, in which event the

28  office shall be filled by election at the expiration thereof.

29         Section 7.  Section 115.08, Florida Statutes, is

30  amended to read:

31         115.08  Definitions.--


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 1         (1)  The term "active military service" as used in this

 2  chapter law shall signify active duty in the Florida defense

 3  force or federal service in training or on active duty with

 4  any branch of the Armed Forces or Reservists of the Armed

 5  Forces, the Florida National Guard Army of the United States,

 6  the United States Navy, the Marine Corps of the United States,

 7  the Coast Guard of the United States, and service of all

 8  officers of the United States Public Health Service detailed

 9  by proper authority for duty with the Armed Forces either with

10  the army or the navy, and shall include the period during

11  which a person in military service is absent from duty on

12  account of sickness, wounds, leave, or other lawful cause.

13         (2)  The term "period of active military service" as

14  used in this chapter law shall begin with the date of entering

15  upon active military service, and shall terminate with death

16  or a date 30 days immediately next succeeding the date of

17  release or discharge from active military service, or upon

18  return from active military service, whichever shall occur

19  first.

20         (3)  The term "servicemember" as used in this chapter

21  shall have the same meaning as provided in s. 250.01.

22         Section 8.  Section 115.09, Florida Statutes, is

23  amended to read:

24         115.09  Leave to public officials for military

25  service.--All officials of the state, the several counties of

26  the state, and the municipalities or political subdivisions of

27  the state, including district school and community college

28  officers, which officials are also servicemembers officers or

29  enlisted personnel in the National Guard or a reserve

30  component of the Armed Forces of the United States, shall may,

31  subject to the provisions and conditions hereafter set forth,


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 1  be granted leave of absence from their respective offices and

 2  duties to perform active military service, the first 30 days

 3  of any such leave of absence to be with full pay.

 4         Section 9.  Section 115.10, Florida Statutes, is

 5  repealed.

 6         Section 10.  Section 115.12, Florida Statutes, is

 7  amended to read:

 8         115.12  Rights during leave.--

 9         (1)  During such leave of absence such official shall

10  be entitled to preserve all seniority rights, efficiency

11  ratings, promotional status and retirement privileges. The

12  period of active military service shall, for purposes of

13  computation to determine whether such person may be entitled

14  to retirement under the laws of the state, be deemed

15  continuous service in the office of said official. While

16  absent on such leave without pay, said official shall not be

17  required to make any contribution to any retirement fund.

18         (2)  The employing authority shall adhere to all the

19  provisions contained in the Uniformed Services Employment and

20  Reemployment Rights Act, chapter 43 of Title 38 U.S.C.

21         Section 11.  Section 115.13, Florida Statutes, is

22  amended to read:

23         115.13  Resumption of official duties.--Upon said

24  officer terminating his or her active military service, he or

25  she shall immediately enter upon the duties of office for the

26  unexpired portion of the term for which he or she was elected

27  or appointed, in accordance with the limits provided under the

28  Uniformed Services Employment and Reemployment Rights Act,

29  chapter 43 of Title 38 U.S.C.

30         Section 12.  Section 115.14, Florida Statutes, is

31  amended to read:


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 1         115.14  Employees.--All employees of the state, the

 2  several counties of the state, and the municipalities or

 3  political subdivisions of the state shall may, in the

 4  discretion of the employing authority of such employee, be

 5  granted leave of absence under the terms of this law; upon

 6  such leave of absence being granted said employee shall enjoy

 7  the same rights and privileges as are hereby granted to

 8  officials under this law, insofar as may be, including,

 9  without limitation, receiving full pay for the first 30 days.

10  Notwithstanding the provisions of s. 115.09, the employing

11  authority may supplement the military pay of its officials and

12  employees who are reservists called to active military service

13  after the first 30 days for the first 30 days with full pay

14  and, thereafter, in an amount necessary to bring their total

15  salary, inclusive of their base military pay, to the level

16  earned at the time they were called to active military duty.

17  The employing authority shall may also, in its discretion,

18  continue to provide all any health insurance and other

19  existing benefits to such officials and employees as required

20  by the Uniformed Services Employment and Reemployment Rights

21  Act, chapter 43 of Title 38 U.S.C.

22         Section 13.  Section 115.15, Florida Statutes, is

23  amended to read:

24         115.15  Adoption of federal law for employees.--The

25  provisions of the Uniformed Services Employment and

26  Reemployment Rights Act, chapter 43 of Title 38 U.S.C.,

27  section 8 of chapter 720 Acts of Congress of the United

28  States, approved September 16, 1940 (Title 50 App. Section

29  308, U.S.C.A.), insofar as it relates to the reemployment of

30  public employees granted a leave of absence on active military

31  duty under this law, shall be applicable in this state and the


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 1  refusal of any state, county, or municipal official to comply

 2  therewith shall subject him or her to removal from office.

 3         Section 14.  Section 250.01, Florida Statutes, is

 4  amended to read:

 5         (Substantial rewording of section. See

 6         s. 250.01, F.S., for present text.)

 7         250.01  Definitions.--As used in this chapter, the

 8  term:

 9         (1)  "Active duty" means full-time duty in active

10  military service of the United States. The term includes

11  federal duty such as full-time training, annual training, and

12  attendance while a person is in active military service or in

13  a school designated as a service school by law or by the

14  secretary of the applicable military department. The term does

15  not mean full-time duty in the National Guard.

16         (2)  "State active duty" means full-time duty in active

17  military service of the State of Florida when ordered by the

18  Governor or Adjutant General in accordance with s. 250.06, s.

19  250.10, or s. 250.28 to preserve the public peace, execute the

20  laws of the state, suppress insurrection, repel invasion,

21  enhance security and respond to terrorist threats or attacks,

22  respond to an emergency as defined in s. 252.34 or to imminent

23  danger of an emergency, enforce the law, carry out

24  counter-drug operations, provide training, provide for the

25  security of the rights or lives of the public, protect

26  property, or conduct ceremonies. The term includes the duties

27  of officers or enlisted personnel who are employed under the

28  order of the Governor in recruiting; making tours of

29  instruction; inspecting troops, armories, storehouses,

30  campsites, rifle ranges, or military property; sitting on

31  general or special courts-martial, boards of examination,


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 1  courts of inquiry, or boards of officers; or making or

 2  assisting in physical examinations.

 3  

 4  The terms shall also include the period during which a person

 5  in active military service is absent from duty as a result of

 6  illness, being wounded, being on leave, or other lawful cause.

 7         (3)  "SSCRA" means the Soldiers' and Sailors' Civil

 8  Relief Act, Title 50, Appendix U.S.C. s. 501 et seq.

 9         (4)  "Servicemember" means any person serving as a

10  member of the United States Armed Forces on active duty or

11  state active duty and all members of the Florida National

12  Guard and United States Reserve Forces.

13         (5)  "USERRA" means the Uniformed Services Employment

14  and Reemployment Rights Act, chapter 43 of Title 38 U.S.C.

15         Section 15.  Paragraph (e) is added to subsection (3)

16  of section 320.07, Florida Statutes, present subsection (5) is

17  renumbered as subsection (6) and amended, and a new subsection

18  (5) is added to said section, to read:

19         320.07  Expiration of registration; annual renewal

20  required; penalties.--

21         (3)  The operation of any motor vehicle without having

22  attached thereto a registration license plate and validation

23  stickers, or the use of any mobile home without having

24  attached thereto a mobile home sticker, for the current

25  registration period shall subject the owner thereof, if he or

26  she is present, or, if the owner is not present, the operator

27  thereof to the following penalty provisions:

28         (e)  Any servicemember, as defined in s. 250.01, whose

29  mobile home registration has expired while serving on active

30  duty or state active duty shall not be charged with a

31  violation of this subsection if, at the time of the offense,


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    CS for SB 1098                                Second Engrossed



 1  the servicemember was serving on active duty or state active

 2  duty 35 miles or more from the mobile home. The servicemember

 3  must present to the department either a copy of the official

 4  military orders or a written verification signed by the

 5  servicemember's commanding officer to waive charges.

 6         (5)  Any servicemember, as defined in s. 250.01, whose

 7  motor vehicle or mobile home registration has expired while

 8  serving on active duty or state active duty, shall be able to

 9  renew his or her registration upon return from active duty or

10  state active duty without penalty, if the servicemember served

11  on active duty or state active duty 35 miles or more from the

12  servicemember's home of record prior to entering active duty

13  or state active duty. The servicemember must provide to the

14  department either a copy of the official military orders or a

15  written verification signed by the servicemember's commanding

16  officer to waive delinquent fees.

17         (6)(5)  Delinquent fees imposed under this section

18  shall not be apportionable under the International

19  Registration Plan.

20         Section 16.  Section 364.195, Florida Statutes, is

21  created to read:

22         364.195  Termination of telecommunications service

23  contract by a servicemember.--

24         (1)  Any servicemember, as defined in s. 250.01, may

25  terminate his or her telecommunications service contract by

26  providing the telecommunications company with a written notice

27  of termination, effective on the date specified in the notice,

28  which date shall be at least 30 days after receipt of the

29  notice by the telecommunications company, if any of the

30  following criteria are met:

31  


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    CS for SB 1098                                Second Engrossed



 1         (a)  The servicemember is required, pursuant to a

 2  permanent change of station orders, to move outside the area

 3  served by the telecommunications company or to an area where

 4  the type of telecommunications service being provided to the

 5  servicemember is not available from the telecommunications

 6  company;

 7         (b)  The servicemember is discharged or released from

 8  active duty or state active duty and will return from such

 9  duty to an area not served by the telecommunications company

10  or where the type of telecommunications service contracted for

11  is not available from the telecommunications company;

12         (c)  The servicemember is released from active duty or

13  state active duty after having entered into a contract for

14  telecommunications service while on active duty or state

15  active duty status and the telecommunications company does not

16  provide telecommunications service or the same type of

17  telecommunications service contracted for in the region of the

18  servicemember's home of record prior to entering active duty

19  or state active duty;

20         (d)  The servicemember receives military orders

21  requiring him or her to move outside the continental United

22  States; or

23         (e)  The servicemember receives temporary duty orders,

24  temporary change of station orders, or active duty or state

25  active duty orders to an area not served by the

26  telecommunications company or where the type of

27  telecommunications service contracted for is not available

28  from the telecommunications company, provided such orders are

29  for a period exceeding 60 days.

30         (2)  The written notice to the telecommunications

31  company must be accompanied by either a copy of the official


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    CS for SB 1098                                Second Engrossed



 1  military orders or a written verification signed by the

 2  servicemember's commanding officer.

 3         (3)  Upon termination of a contract under this section,

 4  the servicemember is liable for the amount due under the

 5  contract prorated to the effective date of the termination

 6  payable at such time as would have otherwise been required by

 7  the terms of the contract. The servicemember is not liable for

 8  any other fees due to the early termination of the contract as

 9  provided for in this section.

10         (4)  The provisions of this section may not be waived

11  or modified by the agreement of the parties under any

12  circumstances.

13         Section 17.  Section 520.14, Florida Statutes, is

14  created to read:

15         520.14  Termination of retail installment contract for

16  leasing a motor vehicle by a servicemember.--

17         (1)  Any servicemember, as defined in s. 250.01, may

18  terminate his or her retail installment contract for leasing a

19  motor vehicle by providing the sales finance company with a

20  written notice of termination, effective on the date specified

21  in the notice, which date shall be at least 30 days after the

22  receipt of the notice by the sales finance company, if any of

23  the following criteria are met:

24         (a)  The servicemember is required, pursuant to a

25  permanent change of station, to move outside the continental

26  United States; or

27         (b)  The servicemember receives temporary duty orders,

28  temporary change of station orders, or active duty orders

29  outside the continental United States, provided such orders

30  are for a period exceeding 60 days.

31  


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    CS for SB 1098                                Second Engrossed



 1         (2)  The written notice to the sales finance company

 2  under subsection (1) must be accompanied by either a copy of

 3  the official military orders or a written verification signed

 4  by the servicemember's commanding officer.

 5         (3)  Upon termination of a contract under this section,

 6  the lessee is liable for the amount due under the contract,

 7  prorated to the effective date of the termination, payable at

 8  such time as would have otherwise been required by the terms

 9  of the contract. The lessee is not liable for any other fees

10  due to the early termination of the contract as provided for

11  in this section.

12         (4)  The provisions of this section may not be waived

13  or modified by the agreement of the parties under any

14  circumstances.

15         Section 18.  Subsection (5) is added to section

16  627.7283, Florida Statutes, to read:

17         627.7283  Cancellation; return of premium.--

18         (5)  The insurer must refund 100 percent of the

19  unearned premium if the insured is a servicemember, as defined

20  in s. 250.01, who cancels because he or she is called to

21  active duty or transferred by the United States Armed Forces

22  to a location where the insurance is not required. The insurer

23  may require a servicemember to submit either a copy of the

24  official military orders or a written verification signed by

25  the servicemember's commanding officer to support the refund

26  authorized under this subsection. If the insurer cancels, the

27  insurer must refund 100 percent of the unearned premium.

28  Cancellation is without prejudice to any claim originating

29  prior to the effective date of the cancellation.  For purposes

30  of this section, unearned premiums must be computed on a pro

31  rata basis.


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    CS for SB 1098                                Second Engrossed



 1         Section 19.  Section 689.27, Florida Statutes, is

 2  created to read:

 3         689.27  Termination of agreement to purchase real

 4  property by a servicemember.--

 5         (1)  Notwithstanding any other provisions of law and

 6  for the purposes of this section:

 7         (a)  "Closing" means the finalizing of the sale of

 8  property, upon which title to the property is transferred from

 9  the seller to the buyer.

10         (b)  "Contract" means an instrument purporting to

11  contain an agreement to purchase real property.

12         (c)  "Property" means a house, condominium, or mobile

13  home that a servicemember intends to purchase to serve as his

14  or her primary residence.

15         (d)  "Servicemember" shall have the same meaning as

16  provided in s. 250.01.

17         (2)  Any servicemember may terminate a contract to

18  purchase property, prior to closing on such property, by

19  providing the seller or mortgagor of the property with a

20  written notice of termination to be effective immediately, if

21  any of the following criteria are met:

22         (a)  The servicemember is required, pursuant to

23  permanent change of station orders received after entering

24  into a contract for the property and prior to closing, to move

25  35 miles or more from the location of the property;

26         (b)  The servicemember is released from active duty or

27  state active duty after having agreed to purchase the property

28  and prior to closing while serving on active duty or state

29  active duty status, and the property is 35 miles or more from

30  the servicemember's home of record prior to entering active

31  duty or state active duty;


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    CS for SB 1098                                Second Engrossed



 1         (c)  Prior to closing, the servicemember receives

 2  military orders requiring him or her to move into government

 3  quarters or the servicemember becomes eligible to live in and

 4  opts to move into government quarters; or

 5         (d)  Prior to closing, the servicemember receives

 6  temporary duty orders, temporary change of station orders, or

 7  active duty or state active duty orders to an area 35 miles or

 8  more from the location of the property, provided such orders

 9  are for a period exceeding 90 days.

10         (3)  The notice to the seller or mortgagor canceling

11  the contract must be accompanied by either a copy of the

12  official military orders or a written verification signed by

13  the servicemember's commanding officer.

14         (4)  Upon termination of a contract under this section,

15  the seller or mortgagor or his or her agent shall refund any

16  funds provided by the servicemember under the contract within

17  7 days. The servicemember is not liable for any other fees due

18  to the termination of the contract as provided for in this

19  section.

20         (5)  The provisions of this section may not be waived

21  or modified by the agreement of the parties under any

22  circumstances.

23         Section 20.  Subsection (2) of section 1009.531,

24  Florida Statutes, is amended to read:

25         1009.531  Florida Bright Futures Scholarship

26  Program;  student eligibility requirements for initial

27  awards.--

28         (2)  A student is eligible to accept an initial award

29  for 3 years following high school graduation and to accept a

30  renewal award for 7 years following high school graduation. A

31  student who applies for an award by high school graduation and


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    CS for SB 1098                                Second Engrossed



 1  who meets all other eligibility requirements, but who does not

 2  accept his or her award, may reapply during subsequent

 3  application periods up to 3 years after high school

 4  graduation. For a student who enlists in the United States

 5  Armed Forces immediately after completion of high school, the

 6  3-year eligibility period for his or her initial award shall

 7  begin upon the date of separation from active duty. For a

 8  student who is receiving a Florida Bright Futures Scholarship

 9  and discontinues his or her education to enlist in the United

10  States Armed Forces, the remainder of his or her 7-year

11  renewal period shall commence upon the date of separation from

12  active duty.

13         Section 21.  Subsection (1) of section 1009.532,

14  Florida Statutes, is amended to read:

15         1009.532  Florida Bright Futures Scholarship Program;

16  student eligibility requirements for renewal awards.--

17         (1)  To be eligible to renew a scholarship from any of

18  the three types of scholarships under the Florida Bright

19  Futures Scholarship Program, a student must:

20         (a)  Complete at least 12 semester credit hours or the

21  equivalent in the last academic year in which the student

22  earned a scholarship.

23         (b)  Maintain the cumulative grade point average

24  required by the scholarship program, except that:

25         1.  If a recipient's grades fall beneath the average

26  required to renew a Florida Academic Scholarship, but are

27  sufficient to renew a Florida Medallion Scholarship or a

28  Florida Gold Seal Vocational Scholarship, the Department of

29  Education may grant a renewal from one of those other

30  scholarship programs, if the student meets the renewal

31  eligibility requirements; or


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    CS for SB 1098                                Second Engrossed



 1         2.  If, at any time during the eligibility period, a

 2  student's grades are insufficient to renew the scholarship,

 3  the student may restore eligibility by improving the grade

 4  point average to the required level. A student is eligible for

 5  such a reinstatement only once. The Legislature encourages

 6  education institutions to assist students to calculate whether

 7  or not it is possible to raise the grade point average during

 8  the summer term. If the institution determines that it is

 9  possible, the education institution may so inform the

10  department, which may reserve the student's award if funds are

11  available. The renewal, however, must not be granted until the

12  student achieves the required cumulative grade point average.

13  If the summer term is not sufficient to raise the grade point

14  average to the required renewal level, the student's next

15  opportunity for renewal is the fall semester of the following

16  academic year; or.

17         3.  If a student is receiving a Florida Bright Futures

18  Scholarship, is a servicemember of the Florida National Guard

19  or United States Reserves while attending a postsecondary

20  institution, is called to active duty or state active duty, as

21  defined in s. 250.01, prior to completing his or her degree,

22  and meets all other requirements for the scholarship, the

23  student shall be eligible to continue the scholarship for 2

24  years after completing active duty or state active duty.

25         Section 22.  This act shall take effect upon becoming a

26  law.

27  

28  

29  

30  

31  


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