HOUSE AMENDMENT Bill No. HB 1475
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, 250.84,
19	and 250.85, is created to read:
20	PART IV
21	FLORIDA UNIFORMED SERVICEMEMBERS PROTECTION ACT
22	250.80 Popular name.--Sections 250.80-250.85 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 and Armed Forces Reserves understand their rights under
28	applicable state and federal laws. Further, it is the intent of
29	the Legislature that Florida residents and businesses understand
30	the rights afforded to the men and women who volunteer their
31	time and sacrifice their lives to protect the freedoms granted
32	by the Constitutions of the United States and the State of
33	Florida.
34	250.82 Definitions.--As used in this part:
35	(1) “Active duty” means full-time duty in the active
36	military service of the United States, including federal duty,
37	which includes attendance of full-time training and annual
38	training while in active military service or attendance of a
39	school designated as a service school by law or by the secretary
40	of the applicable military branch.
41	(2) “State active duty” means full-time duty in the active
42	military service of the State of Florida when ordered by the
43	Governor or Adjutant General in accordance with s. 250.06, s.
44	250.10, or s. 250.28, for purposes which include, but are not
45	limited to, preserving the public peace; executing the laws of
46	the state; suppressing insurrection; repelling invasion;
47	enhancement of security and response to terrorist threat or
48	attack; response to an emergency as defined in s. 252.34 or
49	imminent threat of an emergency; enforcement of laws; conduct of
50	counter-narcotics operations; the provision of training; the
51	provision for the security of the rights or lives of the public
52	and private property; conducting ceremonies, including the
53	performance of duties of officers or enlisted personnel who are
54	employed under the order of the Governor in recruiting;
55	conducting tours of instruction; inspection of troops, armories,
56	storehouses, campsites, rifle ranges, or military properties;
57	sitting on general or special courts-martial, boards of
58	examination, courts of inquiry, and boards of officers; and
59	conducting or assisting in physical examinations.
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61	The term shall also include the period during which a person in
62	active military service is absent from duty as a result of
63	illness, being wounded, being on leave, or other lawful cause.
64	(3) “SSCRA” means the Soldiers' and Sailors' Civil Relief
65	Act, Title 50, Appendix United States Code, Section 501 et seq.,
66	as amended.
67	(4) “Servicemember” means any person serving as a member
68	of the United States Armed Forces on active duty or state active
69	duty and all members of the Florida National Guard and United
70	States Reserve Forces.
71	(5) “USERRA” means the Uniformed Services Employment and
72	Reemployment Rights Act, Title 38, United States Code, Chapter
73	43, as amended.
74	250.83 Applicability of federal laws.--Florida law
75	provides certain protections to servicemembers in various legal
76	proceedings and contractual relationships. In addition to these
77	state provisions, federal law also contains protections, such as
78	those provided in the Soldiers' and Sailors' Civil Relief Act
79	(SSCRA), as amended, and the Uniformed Services Employment and
80	Reemployment Rights Act (USERRA), as amended, that are
81	applicable to servicemembers in Florida even though such
82	provisions are not specifically identified under Florida law.
83	These provisions of federal law apply to all servicemembers when
84	they are serving on active duty or state active duty. Florida
85	state courts shall have concurrent jurisdiction for enforcement
86	over all causes of action arising from the provisions of federal
87	law and may award a remedy as provided therein. The Florida
88	state courts shall also have jurisdiction over all causes of
89	action arising under this act.
90	250.84 Construction of part.--In the event that any other
91	provision of law conflicts with SSCRA, USERRA, or the provisions
92	of this chapter, the provisions of SSCRA, USERRA, or the
93	provisions of this chapter, whichever is applicable, shall
94	control. Nothing in this part shall construe rights or
95	responsibilities not provided under the SSCRA, USERRA, or this
96	chapter.
97	250.85 Florida Uniformed Servicemembers Protection Act;
98	rights of servicemembers; incorporation by reference.--It is the
99	intent of the Legislature that the provisions of the Florida
100	Uniformed Servicemembers Protection Act be included as part of
101	the continuing education requirements for certain licensed
102	professionals as provided in this act. Further, it is the intent
103	of the Legislature to ensure that those individuals affected by
104	the provisions of the Florida Uniformed Servicemembers
105	Protection Act be made aware of the rights and responsibilities
106	of servicemembers.
107	(1) The provisions of the following sections, as amended
108	or created by this act, are incorporated by reference within the
109	Florida Uniformed Servicemembers Protection Act:
110	(a) Sections 83.43, 83.64, 83.67, and 83.682, which
111	provide rights and responsibilities of servicemembers under the
112	Florida Residential Landlord and Tenant Act.
113	(b) Sections 115.02, 115.08, 115.09, 115.12, 115.13,
114	115.14, and 115.15, which provide rights and responsibilities of
115	servicemembers with respect to leaves of absence for officials
116	and employees.
117	(c) Section 320.07, which exempts servicemembers from
118	penalties for expiration of mobile home and motor vehicle
119	registrations when such registrations expire while serving on
120	active duty.
121	(d) Section 364.195, which provides requirements and
122	procedures with respect to termination of a telecommunications
123	service contract by a member of the United States Armed Forces.
124	(e) Section 520.14, which provides requirements and
125	procedure with respect to the termination of a retail
126	installment contract for leasing a motor vehicle by a member of
127	the United States Armed Forces.
128	(f) Section 468.4339, which requires the inclusion of
129	information relating to rights of servicemembers under the
130	Florida Uniformed Servicemembers Protection Act within
131	continuing education requirements for community association
132	managers.
133	(g) Section 475.1821, which requires the inclusion of
134	information relating to rights of servicemembers under the
135	Florida Uniformed Servicemembers Protection Act within
136	continuing education requirements for renewal of licensure as a
137	real estate broker, broker-salesperson, or salesperson.
138	(h) Section 627.7283, which requires motor vehicle
139	insurance companies to refund the entire unearned portion of a
140	premium upon cancellation of motor vehicle insurance by a
141	servicemember when the servicemember is required to move
142	pursuant to specified orders.
143	(i) Section 689.27, which provides requirements and
144	procedure with respect to the termination of an agreement to
145	purchase real property by a member of the United States Armed
146	Forces.
147	(j) Section 1009.531, which extends the eligibility period
148	for the Florida Bright Futures Scholarship Program for students
149	who enlist in the armed forces or reserves immediately after
150	completion of high school.
151	(k) Section 1009.532, which provides eligibility for
152	continuation of Florida Bright Futures Scholarships for students
153	attending postsecondary institutions who are also members of the
154	Florida National Guard or the United States Reserves and are
155	called to active duty or active state duty.
156	(2)(a) The Department of Military Affairs shall make
157	available a document containing the rights and responsibilities
158	of servicemembers set forth in this act, either through printed
159	or electronic means, to appropriate state or local organizations
160	composed of parties affected by said rights, including, but not
161	limited to, those representing:
162	1. Motor vehicle dealers.
163	2. Financial institutions.
164	3. Telecommunications service companies.
165	4. Residential tenancies.
166	5. Real estate salespersons and brokers.
167	6. Community association managers.
168	(b) The Department of Military Affairs shall also make
169	available a document containing the rights and responsibilities
170	of servicemembers set forth in this act, either through printed
171	or electronic means, to servicemembers and their families.
172	(c) Such documents containing the rights and
173	responsibilities of servicemembers set forth in this act shall
174	include an enumeration of all rights and responsibilities under
175	state and federal law, including, but not limited to:
176	1. The rights and responsibilities provided by the Florida
177	Uniformed Servicemembers Protection Act, as amended.
178	2. The rights and responsibilities provided by the
179	Soldiers' and Sailors' Civil Relief Act, as amended.
180	3. The rights and responsibilities provided by the
181	Uniformed Servicemembers Employment and Reemployment Rights Act.
182	Section 2. Subsections (14), (15), and (16) are added to
183	section 83.43, Florida Statutes, to read:
184	83.43 Definitions.--As used in this part, the following
185	words and terms shall have the following meanings unless some
186	other meaning is plainly indicated:
187	(14) "Servicemember" shall have the same meaning as
188	provided in s. 250.82.
189	(15) "Active duty" shall have the same meaning as provided
190	in s. 250.82.
191	(16) “State active duty” shall have the same meaning as
192	provided in s. 250.82.
193	Section 3. Section 83.575, Florida Statutes, is created to
194	read:
195	83.575 Termination of tenancy with specific duration.--
196	(1) A rental agreement with a specific duration may
197	contain a provision requiring the tenant to notify the landlord
198	before vacating the premises at the end of the rental agreement;
199	however, a rental agreement may not require more than 60 days’
200	notice before vacating the premises.
201	(2) A rental agreement may provide that if a tenant fails
202	to give the required notice before vacating the premises at the
203	end of the rental agreement, the tenant may be liable for
204	liquidated damages as specified in the rental agreement.
205	(3) If the tenant remains on the premises with the
206	permission of the landlord after the rental agreement has
207	terminated and fails to give notice required under s. 83.57(3),
208	the tenant is liable to the landlord for an additional 1 month’s
209	rent.
210	Section 4. Subsection (1) of section 83.64, Florida
211	Statutes, is amended to read:
212	83.64 Retaliatory conduct.--
213	(1) It is unlawful for a landlord to discriminatorily
214	increase a tenant's rent or decrease services to a tenant, or to
215	bring or threaten to bring an action for possession or other
216	civil action, primarily because the landlord is retaliating
217	against the tenant. In order for the tenant to raise the defense
218	of retaliatory conduct, the tenant must have acted in good
219	faith. Examples of conduct for which the landlord may not
220	retaliate include, but are not limited to, situations where:
221	(a) The tenant has complained to a governmental agency
222	charged with responsibility for enforcement of a building,
223	housing, or health code of a suspected violation applicable to
224	the premises;
225	(b) The tenant has organized, encouraged, or participated
226	in a tenants' organization; or
227	(c) The tenant has complained to the landlord pursuant to
228	s. 83.56(1); or.
229	(d) The tenant is a servicemember who has terminated a
230	rental agreement pursuant to s. 83.682.
231	Section 5. Section 83.67, Florida Statutes, is amended to
232	read:
233	83.67 Prohibited practices.--
234	(1) No landlord of any dwelling unit governed by this part
235	shall cause, directly or indirectly, the termination or
236	interruption of any utility service furnished the tenant,
237	including, but not limited to, water, heat, light, electricity,
238	gas, elevator, garbage collection, or refrigeration, whether or
239	not the utility service is under the control of, or payment is
240	made by, the landlord.
241	(2) No landlord of any dwelling unit governed by this part
242	shall prevent the tenant from gaining reasonable access to the
243	dwelling unit by any means, including, but not limited to,
244	changing the locks or using any bootlock or similar device.
245	(3) No landlord of any dwelling unit governed by this part
246	shall discriminate against a servicemember in offering a
247	dwelling unit for rent or in any of the terms of the rental
248	agreement.
249	(4)(3)No landlord of any dwelling unit governed by this
250	part shall remove the outside doors, locks, roof, walls, or
251	windows of the unit except for purposes of maintenance, repair,
252	or replacement; nor shall the landlord remove the tenant's
253	personal property from the dwelling unit unless said action is
254	taken after surrender, abandonment, or a lawful eviction. If
255	provided in the rental agreement or a written agreement separate
256	from the rental agreement, upon surrender or abandonment by the
257	tenant, the landlord is not required to comply with s. 715.104
258	and is not liable or responsible for storage or disposition of
259	the tenant's personal property; if provided in the rental
260	agreement there must be printed or clearly stamped on such
261	rental agreement a legend in substantially the following form:
262
263	BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON
264	SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA
265	STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR
266	STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
267
268	For the purposes of this section, abandonment shall be as set
269	forth in s. 83.59(3)(c).
270	(5)(4)A landlord who violates the provisions of this
271	section shall be liable to the tenant for actual and
272	consequential damages or 3 months' rent, whichever is greater,
273	and costs, including attorney's fees. Subsequent or repeated
274	violations which are not contemporaneous with the initial
275	violation shall be subject to separate awards of damages.
276	(6)(5)A violation of this section shall constitute
277	irreparable harm for the purposes of injunctive relief.
278	(7)(6)The remedies provided by this section are not
279	exclusive and shall not preclude the tenant from pursuing any
280	other remedy at law or equity which the tenant may have. The
281	remedies provided by this section shall also apply to a
282	servicemember who is a prospective tenant who has been
283	discriminated against under subsection (3).
284	Section 6. Section 83.682, Florida Statutes, is amended to
285	read:
286	83.682 Termination of rental agreement by a servicemember
287	member of the United States Armed Forces.--
288	(1)(a) Any servicemembermember of the United States Armed
289	Forces who is required to move pursuant to permanent change of
290	station orders to depart 35 miles or more from the location of a
291	rental premises or who is prematurely or involuntarily
292	discharged or released from active duty with the United States
293	Armed Forcesmay terminate his or her rental agreement by
294	providing the landlord with a written notice of termination to
295	be effective on the date stated in the notice that is at least
296	30 days after the landlord's receipt of the notice if any of the
297	following criteria are met:.
298	(a) The servicemember is required, pursuant to a permanent
299	change of station orders, to move 35 miles or more from the
300	location of the rental premises;
301	(b) The servicemember is prematurely or involuntarily
302	discharged or released from active duty or state active duty;
303	(c) The servicemember is released from federal or state
304	active duty after having leased the rental premises while on
305	federal or state active duty status and the rental premises is
306	more than 35 miles from the servicemember’s home of record prior
307	to entering active duty;
308	(d) The servicemember receives military orders requiring
309	him or her to move into government quarters or, after entering
310	into a rental agreement, the servicemember becomes eligible to
311	live in government quarters;
312	(e) The servicemember receives temporary duty orders,
313	temporary change of station orders, or state active duty orders
314	to an area more than 35 miles from the location of the rental
315	premises, provided such orders are for a period exceeding 60
316	days; or
317	(f) The servicemember has leased the property, but prior
318	to taking possession of the rental premises, receives a change
319	of orders to an area that is more than 35 miles from the
320	location of the rental premises.
321	(2)The notice to the landlord must be accompanied by
322	either a copy of the official military orders or a written
323	verification signed by the servicemember'smember'scommanding
324	officer.
325	(3)(b) In the event a servicemembermember of the United
326	States Armed Forcesdies during active duty, an adult member of
327	his or her immediate family may terminate the servicemember's
328	member'srental agreement by providing the landlord with a
329	written notice of termination to be effective on the date stated
330	in the notice that is at least 30 days after the landlord's
331	receipt of the notice. The notice to the landlord must be
332	accompanied by either a copy of the official military orders
333	showing the servicemember was on active dutyor a written
334	verification signed by the servicemember'smember'sCommanding
335	Officer and a copy of the servicemember’s death certificate.
336	(4)(2)Upon termination of a rental agreement under this
337	section, the tenant is liable for the rent due under the rental
338	agreement prorated to the effective date of the termination
339	payable at such time as would have otherwise been required by
340	the terms of the rental agreement. The tenant is not liable for
341	any other rent or damages due to the early termination of the
342	tenancy as provided for in this sectionexcept the liquidated
343	damages provided in this section. Notwithstanding any provision
344	of this section to the contrary,if a tenant terminates the
345	rental agreement pursuant to this section 14 or more days prior
346	to occupancy, no damages or penalties of any kind will be
347	assessableare due.
348	(3) In consideration of early termination of the rental
349	agreement, the tenant is liable to the landlord for liquidated
350	damages provided the tenant has completed less than 9 months of
351	the tenancy and the landlord has suffered actual damages due to
352	loss of the tenancy. The liquidated damages must be no greater
353	than 1 month's rent if the tenant has completed less than 6
354	months of the tenancy as of the effective date of termination,
355	or one-half of 1 month's rent if the tenant has completed at
356	least 6 but not less than 9 months of the tenancy as of the
357	effective date of termination.
358	(5)(4)The provisions of this section may not be waived or
359	modified by the agreement of the parties under any
360	circumstances.
361	Section 7. Section 115.02, Florida Statutes, is amended to
362	read:
363	115.02 Governor to grant application; proviso.--When any
364	such officer shall be granted a leave of absence pursuant to
365	this chaptervolunteer or be called into the service of the
366	United States during war, the Governor shall, upon application
367	being made by such officer, grant such officer leave of absence
368	during the time he or she shall be retained in such military
369	service; provided, such service shall not extend beyond the term
370	of office of such officer, in which event the office shall be
371	filled by election at the expiration thereof.
372	Section 8. Section 115.08, Florida Statutes, is amended to
373	read:
374	115.08 Definitions.--
375	(1) The term "active military service" as used in this
376	chapterlawshall signify active duty in the Florida defense
377	force or federal service in training or on active duty with any
378	branch of the Armed Forces or Reservists of the Armed Forces,
379	the Florida National GuardArmy of the United States, the United
380	States Navy, the Marine Corps of the United States, the Coast
381	Guard of the United States, and service of all officers of the
382	United States Public Health Service detailed by proper authority
383	for duty with the Armed Forceseither with the army or the navy,
384	and shall include the period during which a person in military
385	service is absent from duty on account of sickness, wounds,
386	leave, or other lawful cause.
387	(2) The term "period of active military service" as used
388	in this chapterlawshall begin with the date of entering upon
389	active military service, and shall terminate with death or a
390	date 30 days immediately next succeeding the date of release or
391	discharge from active military service, or upon return from
392	active military service, whichever shall occur first.
393	(3) The term “servicemember” as used in this chapter shall
394	have the same meaning as provided in s. 250.82.
395	Section 9. Section 115.09, Florida Statutes, is amended to
396	read:
397	115.09 Leave to public officials for military
398	service.--All officials of the state, the several counties of
399	the state, and the municipalities or political subdivisions of
400	the state, including district school and community college
401	officers, which officials are also servicemembersofficers or
402	enlisted personnelin the National Guard or a reserve component
403	of the Armed Forces of the United States, shallmay, subject to
404	the provisions and conditions hereafter set forth,be granted
405	leave of absence from their respective offices and duties to
406	perform active military service, the first 30 days of any such
407	leave of absence to be with full pay.
408	Section 10. Section 115.10, Florida Statutes, is repealed.
409	Section 11. Section 115.12, Florida Statutes, is amended
410	to read:
411	115.12 Rights during leave.--
412	(1)During such leave of absence such official shall be
413	entitled to preserve all seniority rights, efficiency ratings,
414	promotional status and retirement privileges. The period of
415	active military service shall, for purposes of computation to
416	determine whether such person may be entitled to retirement
417	under the laws of the state, be deemed continuous service in the
418	office of said official. While absent on such leave without pay,
419	said official shall not be required to make any contribution to
420	any retirement fund.
421	(2) The employing authority shall adhere to all the
422	provisions contained in the Uniformed Services Employment and
423	Reemployment Rights Act, Title 38, United States Code, Chapter
424	43, as amended.
425	Section 12. Section 115.13, Florida Statutes, is amended
426	to read:
427	115.13 Resumption of official duties.--Upon said officer
428	terminating his or her active military service, he or she shall
429	immediatelyenter upon the duties of office for the unexpired
430	portion of the term for which he or she was elected or
431	appointed, in accordance with the limits provided under the
432	Uniformed Services Employment and Reemployment Rights Act, Title
433	38, United States Code Chapter 43, as amended.
434	Section 13. Section 115.14, Florida Statutes, is amended
435	to read:
436	115.14 Employees.--All employees of the state, the several
437	counties of the state, and the municipalities or political
438	subdivisions of the state shallmay, in the discretion of the
439	employing authority of such employee,be granted leave of
440	absence under the terms of this law; upon such leave of absence
441	being granted said employee shall enjoy the same rights and
442	privileges as are hereby granted to officials under this law,
443	insofar as may be, including, without limitation, receiving full
444	pay for the first 30 days. Notwithstanding the provisions of s.
445	115.09, the employing authority may supplement the military pay
446	of its officials and employees who are reservists called to
447	active military service after the first 30 daysfor the first 30
448	days with full pay and, thereafter,in an amount necessary to
449	bring their total salary, inclusive of their base military pay,
450	to the level earned at the time they were called to active
451	military duty. The employing authority shallmay also, in its
452	discretion, continue to provide allanyhealth insurance and
453	other existing benefits to such officials and employees as
454	required by the Uniformed Services Employment and Reemployment
455	Rights Act, Title 38, United States Code, Chapter 43, as
456	amended.
457	Section 14. Section 115.15, Florida Statutes, is amended
458	to read:
459	115.15 Adoption of federal law for employees.--The
460	provisions of the Uniformed Services Employment and Reemployment
461	Rights Act, Title 38, United States Code Chapter 43, as amended
462	section 8 of chapter 720 Acts of Congress of the United States,
463	approved September 16, 1940 (Title 50 App. Section 308,
464	U.S.C.A.), insofar as it relates to the reemployment of public
465	employees granted a leave of absence on active military duty
466	under this law, shall be applicable in this state and the
467	refusal of any state, county, or municipal official to comply
468	therewith shall subject him or her to removal from office.
469	Section 15. Paragraph (e) is added to subsection (3) of
470	section 320.07, Florida Statutes, present subsection (5) is
471	renumbered as subsection (6) and amended, and a new subsection
472	(5) is added to said section, to read:
473	320.07 Expiration of registration; annual renewal
474	required; penalties.--
475	(3) The operation of any motor vehicle without having
476	attached thereto a registration license plate and validation
477	stickers, or the use of any mobile home without having attached
478	thereto a mobile home sticker, for the current registration
479	period shall subject the owner thereof, if he or she is present,
480	or, if the owner is not present, the operator thereof to the
481	following penalty provisions:
482	(e) Any servicemember, as defined in s. 250.82, whose
483	mobile home registration has expired while serving on active
484	duty shall not be charged with a violation of this subsection
485	if, at the time of the offense, the servicemember was serving on
486	federal or state active duty more than 35 miles away from the
487	servicemember’s home of record prior to entering active duty.
488	The servicemember must present to the department either a copy
489	of the official military orders or a written verification signed
490	by the servicemember's commanding officer to waive charges.
491	(5) Any servicemember, as defined in s. 250.82, whose
492	motor vehicle or mobile home registration has expired while
493	serving on active duty, shall be able to renew his or her
494	registration upon return from active duty without penalty, if
495	the servicemember served on federal or state active duty more
496	than 35 miles from the servicemember’s home of record prior to
497	entering active duty. The servicemember must provide to the
498	department either a copy of the official military orders or a
499	written verification signed by the servicemember's commanding
500	officer to waive delinquent fees.
501	(6)(5)Delinquent fees imposed under this section shall
502	not be apportionable under the International Registration Plan.
503	Section 16. Section 364.195, Florida Statutes, is created
504	to read:
505	364.195 Termination of telecommunications service contract
506	by a servicemember.--
507	(1) Any servicemember, as defined in s. 250.82, may
508	terminate his or her telecommunications service contract by
509	providing the telecommunications company with a written notice
510	of termination, effective on the date specified in the notice,
511	which date shall be at least 30 days after receipt of the notice
512	by the telecommunications company, if any of the following
513	criteria are met:
514	(a) The servicemember is required, pursuant to a permanent
515	change of station orders, to move outside the area served by the
516	telecommunications company or to an area where the type of
517	telecommunications service being provided to the servicemember
518	is not available from the telecommunications company;
519	(b) The servicemember is discharged or released from
520	federal or state active duty and will return from such duty to
521	an area not served by the telecommunications company or where
522	the type of telecommunications service contracted for is not
523	available from the telecommunications company;
524	(c) The servicemember is released from federal or state
525	active duty after having entered into a contract for
526	telecommunications service while on federal or state active duty
527	status and the telecommunications company does not provide
528	telecommunications service or the same type of
529	telecommunications service contracted for in the region of the
530	servicemember’s home of record prior to entering active duty;
531	(d) The servicemember receives military orders requiring
532	him or her to move outside the continental United States; or
533	(e) The servicemember receives temporary duty orders,
534	temporary change of station orders, or state active duty orders
535	to an area not served by the telecommunications company or where
536	the type of telecommunications service contracted for is not
537	available from the telecommunications company, provided such
538	orders are for a period exceeding 60 days.
539	(2) The written notice to the telecommunications company
540	must be accompanied by either a copy of the official military
541	orders or a written verification signed by the servicemember's
542	commanding officer.
543	(3) Upon termination of a contract under this section, the
544	servicemember is liable for the amount due under the contract
545	prorated to the effective date of the termination payable at
546	such time as would have otherwise been required by the terms of
547	the contract. The servicemember is not liable for any other fees
548	due to the early termination of the contract as provided for in
549	this section.
550	(4) The provisions of this section may not be waived or
551	modified by the agreement of the parties under any
552	circumstances.
553	Section 17. Section 468.4339, Florida Statutes, is created
554	to read:
555	468.4339 Provisions of continuing education.--The council
556	shall require a portion of the classroom hours in ss. 468.4337
557	and 468.4338 to include information on the rights of
558	servicemembers, as provided in the Florida Uniformed
559	Servicemembers Protection Act.
560	Section 18. Section 475.1821, Florida Statutes, is created
561	to read:
562	475.1821 Provisions of continuing education.--The
563	commission shall require a portion of the classroom hours in s.
564	475.182 to include information on the rights of servicemembers
565	as provided in the Florida Uniformed Servicemembers Protection
566	Act.
567	Section 19. Section 520.14, Florida Statutes, is created
568	to read:
569	520.14 Termination of retail installment contract for
570	leasing a motor vehicle by a member of the United States Armed
571	Forces.--
572	(1) Any servicemember of the United States Armed Forces,
573	as defined in s. 250.82, may terminate his or her retail
574	installment contract for leasing a motor vehicle by providing
575	the sales finance company with a written notice of termination,
576	effective on the date specified in the notice, which date shall
577	be at least 30 days after the receipt of the notice by the sales
578	finance company, if any of the following criteria are met:
579	(a) The servicemember is required, pursuant to a permanent
580	change of station, to move outside the continental United
581	States; or
582	(b) The servicemember receives temporary duty orders,
583	temporary change of station orders, or state active duty orders
584	outside the continental United States, provided such orders are
585	for a period exceeding 60 days.
586	(2) The written notice to the sales finance company under
587	subsection (1) must be accompanied by either a copy of the
588	official military orders or a written verification signed by the
589	servicemember's commanding officer.
590	(3) Upon termination of a contract under this section, the
591	lessee is liable for the amount due under the contract, prorated
592	to the effective date of the termination, payable at such time
593	as would have otherwise been required by the terms of the
594	contract. The lessee is not liable for any other fees due to the
595	early termination of the contract as provided for in this
596	section.
597	(4) The provisions of this section may not be waived or
598	modified by the agreement of the parties under any
599	circumstances.
600	Section 20. Subsection (5) is added to section 627.7283,
601	Florida Statutes, to read:
602	627.7283 Cancellation; return of premium.—
603	(5) The insurer must refund 100 percent of the unearned
604	premium if the insured is a servicemember, as defined in s.
605	250.82, who cancels because he or she is required to move,
606	pursuant to a permanent change of station, temporary duty orders
607	exceeding 60 days, temporary change of station orders exceeding
608	60 days, or state active duty orders, to a location where the
609	insurance is not required. The insurer may require a
610	servicemember to submit either a copy of the official military
611	orders or a written verification signed by the servicemember's
612	commanding officer to support the refund authorized under this
613	subsection. If the insurer cancels, the insurer must refund 100
614	percent of the unearned premium. Cancellation is without
615	prejudice to any claim originating prior to the effective date
616	of the cancellation. For purposes of this section, unearned
617	premiums must be computed on a pro rata basis.
618	Section 21. Section 689.27, Florida Statutes, is created
619	to read:
620	689.27 Termination of agreement to purchase real property
621	by a member of the United States Armed Forces.--
622	(1) Notwithstanding any other provisions of law and for
623	the purposes of this section:
624	(a) “Closing” means the finalizing of the sale of
625	property, upon which title to the property is transferred from
626	the seller to the buyer.
627	(b) “Contract” means an instrument purporting to contain
628	an agreement to purchase real property.
629	(c) “Property” means a house, condominium, or mobile home
630	that a servicemember intends to purchase to serve as his or her
631	primary residence.
632	(d) “Servicemember” shall have the same meaning as
633	provided in s. 250.82.
634	(2) Any servicemember may terminate a contract to purchase
635	property, prior to closing on such property, by providing the
636	seller or mortgagor of the property with a written notice of
637	termination to be effective immediately, if any of the following
638	criteria are met:
639	(a) The servicemember is required, pursuant to permanent
640	change of station orders received after entering into a contract
641	for the property and prior to closing, to move 35 miles or more
642	from the location of the property;
643	(b) The servicemember is released from federal or state
644	active duty after having agreed to purchase the property and
645	prior to closing while serving on federal or state active duty
646	status, and the property is more than 35 miles from the
647	servicemember’s home of record prior to entering active duty;
648	(c) The servicemember receives military orders requiring
649	him or her to move into government quarters or, after
650	contracting to purchase property, but prior to closing, the
651	servicemember becomes eligible to live in government quarters;
652	(d) Prior to closing, the servicemember receives temporary
653	duty orders, temporary change of station orders, or state active
654	duty orders to an area more than 35 miles from where the
655	property is located, provided such orders are for a period
656	exceeding 90 days; or
657	(e) The servicemember has entered into an agreement to
658	purchase the property but, prior to closing on the property,
659	receives a change of orders to an area located more than 35
660	miles from the location of the property.
661	(3) The notice to the seller or mortgagor canceling the
662	contract must be accompanied by either a copy of the official
663	military orders or a written verification signed by the
664	servicemember's commanding officer.
665	(4) Upon termination of a contract under this section, the
666	seller or mortgagor or his or her agent shall refund any funds
667	provided by the servicemember under the contract within 7 days.
668	The servicemember is not liable for any other fees due to the
669	termination of the contract as provided for in this section.
670	(5) The provisions of this section may not be waived or
671	modified by the agreement of the parties under any
672	circumstances.
673	Section 22. Subsection (2) of section 1009.531, Florida
674	Statutes, is amended to read:
675	1009.531 Florida Bright Futures Scholarship Program;
676	student eligibility requirements for initial awards.—
677	(2) A student is eligible to accept an initial award for 3
678	years following high school graduation and to accept a renewal
679	award for 7 years following high school graduation. A student
680	who applies for an award by high school graduation and who meets
681	all other eligibility requirements, but who does not accept his
682	or her award, may reapply during subsequent application periods
683	up to 3 years after high school graduation. For a student who
684	enlists in the United States Armed Forces immediately after
685	completion of high school, the 3-year eligibility period for his
686	or her initial award shall begin on the date of separation from
687	active duty. For a student who is receiving a Florida Bright
688	Futures Scholarship and discontinues his or her education to
689	enlist in the United States Armed Forces, the remainder of his
690	or her 7-year renewal period shall commence on the date of
691	separation from active duty.
692	Section 23. Subsection (1) of section 1009.532, Florida
693	Statutes, is amended to read:
694	1009.532 Florida Bright Futures Scholarship Program;
695	student eligibility requirements for renewal awards.--
696	(1) To be eligible to renew a scholarship from any of the
697	three types of scholarships under the Florida Bright Futures
698	Scholarship Program, a student must:
699	(a) Complete at least 12 semester credit hours or the
700	equivalent in the last academic year in which the student earned
701	a scholarship.
702	(b) Maintain the cumulative grade point average required
703	by the scholarship program, except that:
704	1. If a recipient's grades fall beneath the average
705	required to renew a Florida Academic Scholarship, but are
706	sufficient to renew a Florida Medallion Scholarship or a Florida
707	Gold Seal Vocational Scholarship, the Department of Education
708	may grant a renewal from one of those other scholarship
709	programs, if the student meets the renewal eligibility
710	requirements; or
711	2. If, at any time during the eligibility period, a
712	student's grades are insufficient to renew the scholarship, the
713	student may restore eligibility by improving the grade point
714	average to the required level. A student is eligible for such a
715	reinstatement only once. The Legislature encourages education
716	institutions to assist students to calculate whether or not it
717	is possible to raise the grade point average during the summer
718	term. If the institution determines that it is possible, the
719	education institution may so inform the department, which may
720	reserve the student's award if funds are available. The renewal,
721	however, must not be granted until the student achieves the
722	required cumulative grade point average. If the summer term is
723	not sufficient to raise the grade point average to the required
724	renewal level, the student's next opportunity for renewal is the
725	fall semester of the following academic year; or.
726	3. If a student is receiving a Florida Bright Futures
727	Scholarship and is also a member of the Florida National Guard
728	or United States Reserves while attending a postsecondary
729	institution, and is called to active duty or state active duty,
730	as defined in s. 250.82, prior to completing his or her degree
731	and meets all other requirements for the scholarship, the
732	student shall be eligible to continue the scholarship for 2
733	years after completing active duty.
734	Section 24. This act shall take effect upon becoming a
735	law.
736
737	================= T I T L E A M E N D M E N T =================
738	Remove the entire title, and insert:
739	A bill to be entitled
740	An act relating to military affairs; creating pt. IV of
741	ch. 250, F.S., the "Florida Uniformed Servicemembers
742	Protection Act"; providing a popular name; providing
743	legislative intent; providing definitions; providing for
744	applicability of specified federal laws to servicemembers
745	when serving on active duty or state active duty;
746	providing for jurisdiction of the courts; providing for
747	construction of pt. IV of ch. 250, F.S.; providing for
748	incorporation by reference of various provisions of
749	Florida Statutes within the Florida Uniformed
750	Servicemembers Protection Act; amending s. 83.43, F.S.;
751	defining "servicemember," "active duty," and "state active
752	duty" for purposes of the Florida Residential Landlord and
753	Tenant Act; creating s. 83.575, F.S.; providing that a
754	rental agreement having a specific duration may require
755	the tenant to give notice before vacating the premises;
756	limiting the maximum amount of required notice; providing
757	for liquidated damages in specified circumstances;
758	providing tenant liability for paying additional rent in
759	specified circumstances; amending s. 83.64, F.S.;
760	prohibiting retaliatory action by a landlord for
761	termination of a rental agreement by a servicemember;
762	amending s. 83.67, F.S.; prohibiting a landlord from
763	discriminating against a servicemember in offering a
764	dwelling unit for rent or in any of the terms of a rental
765	agreement; providing for applicability of remedies to
766	servicemembers who are prospective tenants and the subject
767	of such discrimination; amending s. 83.682, F.S.;
768	providing conditions under which a servicemember may
769	terminate his or her rental agreement; revising
770	terminology; revising liability of a servicemember in the
771	event of early termination of a tenancy; amending s.
772	115.02, F.S.; revising provisions with respect to the
773	granting of a leave of absence to an officer; amending s.
774	115.08, F.S.; revising the definition of "active military
775	service" and "period of active military service" and
776	providing a definition of "servicemember"; amending s.
777	115.09, F.S.; requiring the granting of leave of absence
778	for state, county, and municipal officials who are
779	servicemembers; repealing s. 115.10, F.S., relating to
780	granting and denial of leave of absence for public
781	officials by the Governor; amending s. 115.12, F.S.;
782	revising provisions relating to rights during leave to
783	provide that the employing authority must adhere to the
784	provisions of the federal Uniformed Services Employment
785	and Reemployment Rights Act; amending s. 115.13, F.S.;
786	revising provisions relating to resumption of official
787	duties; amending s. 115.14, F.S.; requiring the granting
788	of leave of absence for state, county, and municipal
789	employees; revising provisions with respect to
790	supplemental pay for reservist officials and employees
791	called to active military service; requiring an employing
792	authority to continue to provide all health insurance and
793	other existing benefits; amending s. 115.15, F.S.;
794	providing for applicability of the federal Uniformed
795	Services Employment and Reemployment Rights Act; amending
796	s. 320.07, F.S.; exempting servicemembers from penalties
797	for expiration of mobile home and motor vehicle
798	registrations when such registrations expire while the
799	servicemember is serving on active duty; creating s.
800	364.195, F.S.; providing requirements and procedure with
801	respect to termination of a telecommunications service
802	contract by a servicemember; creating s. 468.4339, F.S.;
803	requiring the inclusion of information relating to rights
804	of servicemembers under the Florida Uniformed
805	Servicemembers Protection Act within continuing education
806	requirements for community association managers; creating
807	s. 475.1821, F.S.; requiring the inclusion of information
808	relating to rights of servicemembers under the Florida
809	Uniformed Servicemembers Protection Act within continuing
810	education requirements for renewal of licensure as a real
811	estate broker, broker-salesperson, or salesperson;
812	creating s. 520.14, F.S.; providing requirements and
813	procedure with respect to the termination of a retail
814	installment contract for leasing a motor vehicle by a
815	servicemember; amending s. 627.7283, F.S.; requiring motor
816	vehicle insurance companies to refund the entire unearned
817	portion of a premium upon cancellation of motor vehicle
818	insurance by a servicemember when the servicemember is
819	required to move pursuant to specified orders; creating
820	s. 689.27, F.S.; providing definitions; providing
821	requirements and procedure with respect to the termination
822	of an agreement to purchase real property by a
823	servicemember; amending s. 1009.531, F.S.; extending the
824	eligibility period for the Florida Bright Futures
825	Scholarship Program for students who enlist in the armed
826	forces or reserves immediately after completion of high
827	school; amending s. 1009.532, F.S.; providing eligibility
828	for continuation of Florida Bright Futures Scholarships
829	for students attending postsecondary institutions who are
830	also servicemembers and are called to active duty or
831	active state duty; providing an effective date.