HB 1475 2003
1	A bill to be entitled
2	An act relating to military affairs; creating pt. IV of
3	ch. 250, F.S., the "Florida Uniformed Servicemembers
4	Protection Act"; providing a popular name; providing
5	legislative intent; providing definitions; providing for
6	applicability of specified federal laws to members of the
7	Florida National Guard and Reserves when serving on active
8	duty; providing for construction of pt. IV of ch. 250,
9	F.S.; providing for incorporation by reference of
10	specified federal laws and various provisions of Florida
11	Statutes within the Florida Uniformed Servicemembers
12	Protection Act; providing for jurisdiction of the courts
13	with respect to causes of action under the act; amending
14	s. 83.43, F.S.; defining "servicemember" and "active duty"
15	for purposes of the Florida Residential Landlord and
16	Tenant Act; amending s. 83.64, F.S.; prohibiting
17	retaliatory action by a landlord for termination of a
18	rental agreement by a member of the United States Armed
19	Forces; amending s. 83.67, F.S.; prohibiting a landlord
20	from discriminating against a servicemember in offering a
21	dwelling unit for rent or in any of the terms of a rental
22	agreement; providing for applicability of remedies to
23	servicemembers who are prospective tenants and the subject
24	of such discrimination; amending s. 83.682, F.S.;
25	providing conditions under which a servicemember may
26	terminate his or her rental agreement; revising
27	terminology; revising liability of a servicemember in the
28	event of early termination of a tenancy; amending s.
29	115.02, F.S.; revising provisions with respect to the
30	granting of a leave of absence to an officer; amending s.
31	115.08, F.S.; revising the definition of "active military
32	service" and "period of active military service" and
33	providing additional definitions; amending s. 115.09,
34	F.S.; requiring the granting of leave of absence for
35	state, county, and municipal officials who are members of
36	the National Guard or a reserve component of the Armed
37	Forces; repealing s. 115.10, F.S., relating to granting
38	and denial of leave of absence for public officials by the
39	Governor; amending s. 115.12, F.S.; revising provisions
40	relating to rights during leave to provide that the
41	employing authority must adhere to the provisions of the
42	federal Uniformed Service Employment and Reemployment
43	Rights Act; amending s. 115.13, F.S.; revising provisions
44	relating to resumption of official duties; amending s.
45	115.14, F.S.; requiring the granting of leave of absence
46	for state, county, and municipal employees; providing that
47	the first 30 days of such leave of absence shall be with
48	full pay; revising provisions with respect to supplemental
49	pay for reservist officials and employees called to active
50	military service; requiring an employing authority to
51	continue to provide all health insurance and other
52	existing benefits; amending s. 115.15, F.S.; providing for
53	applicability of the federal Uniformed Service Employment
54	and Reemployment Rights Act; creating s. 364.195, F.S.;
55	providing requirements and procedure with respect to
56	termination of a telecommunications service contract by a
57	member of the United States Armed Forces; creating s.
58	468.4339, F.S.; requiring the inclusion of information
59	relating to rights of servicemembers under the Florida
60	Uniformed Servicemembers Protection Act within continuing
61	education requirements for community association managers;
62	creating s. 475.1821, F.S.; requiring the inclusion of
63	information relating to rights of servicemembers under the
64	Florida Uniformed Servicemembers Protection Act within
65	continuing education requirements for renewal of licensure
66	as a real estate broker, broker-salesperson, or
67	salesperson; creating s. 520.14, F.S.; providing
68	requirements and procedure with respect to the termination
69	of a retail installment contract for leasing a motor
70	vehicle by a member of the United States Armed Forces;
71	creating s. 689.27, F.S.; providing definitions; providing
72	requirements and procedure with respect to the termination
73	of an agreement to purchase real property by a member of
74	the United States Armed Forces; providing an effective
75	date.
76
77	Be It Enacted by the Legislature of the State of Florida:
78
79	Section 1. Part IV of chapter 250, Florida Statutes,
80	consisting of sections 250.80, 250.81, 250.82, 250.83, 250.84,
81	and 250.85, is created to read:
82	PART IV
83	FLORIDA UNIFORMED SERVICEMEMBERS PROTECTION ACT
84	250.80 Popular name.--Sections 250.80-250.85 may be known
85	by the popular name the "Florida Uniformed Servicemembers
86	Protection Act."
87	250.81 Legislative intent.--It is the intent of the
88	Legislature that men and women who serve in the Florida National
89	Guard and Armed Forces Reserves understand their rights under
90	applicable state and federal laws. Further, it is the intent of
91	the Legislature that Florida residents and businesses understand
92	the rights afforded to the men and women who volunteer their
93	time and sacrifice their lives to protect the freedoms granted
94	by the Constitutions of the United States and the State of
95	Florida.
96	250.82 Definitions.--As used in this part:
97	(1) “Active military service” and “active duty” mean:
98	1. Full-time duty in the active military service of the
99	United States, including federal duty, which includes attendance
100	of full-time training and annual training while in active
101	military service or attendance of a school designated as a
102	service school by law or by the secretary of the applicable
103	military branch.
104	2. Full-time duty in the active military service of the
105	State of Florida when ordered by the Governor or Adjutant
106	General in accordance with s. 250.06, s. 250.10, or s. 250.28,
107	for purposes which include, but are not limited to, preserving
108	the public peace; executing the laws of the state; suppressing
109	insurrection; repelling invasion; enhancement of security and
110	response to terrorist threat or attack; response to an emergency
111	as defined in s. 252.34 or imminent threat of an emergency;
112	enforcement of laws; conduct of counter-narcotics operations;
113	the provision of training; the provision for the security of the
114	rights or lives of the public and private property; conducting
115	ceremonies, including the performance of duties of officers or
116	enlisted personnel who are employed under the order of the
117	Governor in recruiting; conducting tours of instruction; and
118	inspection of troops, armories, storehouses, campsites, rifle
119	ranges, or military properties.
120	3. Sitting on general or special courts-martial, boards of
121	examination, courts of inquiry, and boards of officers, and
122	conducting or assisting in physical examinations.
123
124	The term shall also include the period during which a person in
125	active military service is absent from duty as a result of
126	illness, being wounded, being on leave, or other lawful cause.
127	(2) “SSCRA” means the Soldiers' and Sailors' Civil Relief
128	Act, Title 50, Appendix United States Code Section 501 et seq.,
129	as amended.
130	(3) “Servicemember” means any person serving as a member
131	of the Armed Forces on active duty and all members of the
132	Florida National Guard and United States Reserve Forces.
133	(4) “USERRA” means the Uniformed Services Employment and
134	Reemployment Rights Act, Title 38, United States Code, Chapter
135	43, as amended.
136	250.83 Applicability of federal laws; jurisdiction of the
137	courts.--The Soldiers' and Sailors' Civil Relief Act (SSCRA), as
138	amended, and the Uniformed Services Employment and Reemployment
139	Rights Act (USERRA), as amended, apply to members of the Florida
140	National Guard and Reserves when they are serving on active
141	duty, and said acts are incorporated by reference within the
142	Florida Uniformed Servicemembers Protection Act for the purposes
143	of conferring concurrent jurisdiction for enforcement in the
144	courts of the state over all causes of action arising under
145	these acts. The courts of the state shall have concurrent
146	jurisdiction over all causes of action arising under this act.
147	250.84 Construction of part.--In the event that any other
148	provision of law conflicts with SSCRA, USERRA, or the provisions
149	of this chapter, the provisions of SSCRA, USERRA or the
150	provisions of this chapter, whichever is applicable, shall
151	control. Nothing in this part shall construe rights or
152	obligations not provided under SSCRA, USERRA, or this chapter.
153	250.85 Florida Uniformed Servicemembers Protection Act;
154	rights of servicemembers; incorporation by reference.--It is the
155	intent of the Legislature that the provisions of the Florida
156	Uniformed Servicemembers Protection Act be included as part of
157	the continuing education requirements for certain licensed
158	professionals as provided in this act. Further, it is the intent
159	of the Legislature to ensure that those individuals affected by
160	the provisions of the Florida Uniformed Servicemembers
161	Protection Act be made aware of the rights and obligations of
162	servicemembers.
163	(1) The provisions of ss. 83.43, 83.64, 83.67, and 83.682,
164	which provide rights and responsibilities of servicemembers
165	under the Florida Residential Landlord and Tenant Act; ss.
166	115.02, 115.08, 115.09, 115.12, 115.13, 115.14, and 115.15,
167	which provide rights and responsibilities of servicemembers with
168	respect to leaves of absence for officials and employees; s.
169	364.195, which provides requirements and procedure with respect
170	to termination of a telecommunications service contract by a
171	member of the United States Armed Forces; s. 520.14, which
172	provides requirements and procedure with respect to the
173	termination of a retail installment contract for leasing a motor
174	vehicle by a member of the United States Armed Forces; s.
175	468.4339, which requires the inclusion of information relating
176	to rights of servicemembers under the Florida Uniformed
177	Servicemembers Protection Act within continuing education
178	requirements for community association managers; s. 475.1821,
179	which requires the inclusion of information relating to rights
180	of servicemembers under the Florida Uniformed Servicemembers
181	Protection Act within continuing education requirements for
182	renewal of licensure as a real estate broker, broker-
183	salesperson, or salesperson; and s. 689.27, which provides
184	requirements and procedure with respect to the termination of an
185	agreement to purchase real property by a member of the United
186	States Armed Forces, as amended or created by this act, are
187	incorporated by reference within the Florida Uniformed
188	Servicemembers Protection Act.
189	(2) The Department of Military Affairs shall distribute a
190	document containing the applicable rights of servicemembers,
191	either through printed or electronic means, to appropriate state
192	or local organizations composed of or representing:
193	(a) Motor vehicles dealers.
194	(b) Financial institutions.
195	(c) Telecommunications service companies.
196	(d) Rental tenancies.
197	(e) Real estate salespersons and brokers.
198	(f) Community association managers.
199	Section 2. Subsections (14) and (15) are added to section
200	83.43, Florida Statutes, to read:
201	83.43 Definitions.--As used in this part, the following
202	words and terms shall have the following meanings unless some
203	other meaning is plainly indicated:
204	(14) "Servicemember" shall have the same meaning as
205	provided in s. 250.82.
206	(15) "Active duty" shall have the same meaning as provided
207	in s. 250.82.
208	Section 3. Subsection (1) of section 83.64, Florida
209	Statutes, is amended to read:
210	83.64 Retaliatory conduct.--
211	(1) It is unlawful for a landlord to discriminatorily
212	increase a tenant's rent or decrease services to a tenant, or to
213	bring or threaten to bring an action for possession or other
214	civil action, primarily because the landlord is retaliating
215	against the tenant. In order for the tenant to raise the defense
216	of retaliatory conduct, the tenant must have acted in good
217	faith. Examples of conduct for which the landlord may not
218	retaliate include, but are not limited to, situations where:
219	(a) The tenant has complained to a governmental agency
220	charged with responsibility for enforcement of a building,
221	housing, or health code of a suspected violation applicable to
222	the premises;
223	(b) The tenant has organized, encouraged, or participated
224	in a tenants' organization; or
225	(c) The tenant has complained to the landlord pursuant to
226	s. 83.56(1); or.
227	(d) The tenant is a servicemember who has terminated a
228	rental agreement pursuant to s. 83.682.
229	Section 4. Section 83.67, Florida Statutes, is amended to
230	read:
231	83.67 Prohibited practices.--
232	(1) No landlord of any dwelling unit governed by this part
233	shall cause, directly or indirectly, the termination or
234	interruption of any utility service furnished the tenant,
235	including, but not limited to, water, heat, light, electricity,
236	gas, elevator, garbage collection, or refrigeration, whether or
237	not the utility service is under the control of, or payment is
238	made by, the landlord.
239	(2) No landlord of any dwelling unit governed by this part
240	shall prevent the tenant from gaining reasonable access to the
241	dwelling unit by any means, including, but not limited to,
242	changing the locks or using any bootlock or similar device.
243	(3) No landlord of any dwelling unit governed by this part
244	shall discriminate against a servicemember in offering a
245	dwelling unit for rent or in any of the terms of the rental
246	agreement.
247	(4)(3)No landlord of any dwelling unit governed by this
248	part shall remove the outside doors, locks, roof, walls, or
249	windows of the unit except for purposes of maintenance, repair,
250	or replacement; nor shall the landlord remove the tenant's
251	personal property from the dwelling unit unless said action is
252	taken after surrender, abandonment, or a lawful eviction. If
253	provided in the rental agreement or a written agreement separate
254	from the rental agreement, upon surrender or abandonment by the
255	tenant, the landlord is not required to comply with s. 715.104
256	and is not liable or responsible for storage or disposition of
257	the tenant's personal property; if provided in the rental
258	agreement there must be printed or clearly stamped on such
259	rental agreement a legend in substantially the following form:
260
261	BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON
262	SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA
263	STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR
264	STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
265
266	For the purposes of this section, abandonment shall be as set
267	forth in s. 83.59(3)(c).
268	(5)(4)A landlord who violates the provisions of this
269	section shall be liable to the tenant for actual and
270	consequential damages or 3 months' rent, whichever is greater,
271	and costs, including attorney's fees. Subsequent or repeated
272	violations which are not contemporaneous with the initial
273	violation shall be subject to separate awards of damages.
274	(6)(5)A violation of this section shall constitute
275	irreparable harm for the purposes of injunctive relief.
276	(7)(6)The remedies provided by this section are not
277	exclusive and shall not preclude the tenant from pursuing any
278	other remedy at law or equity which the tenant may have. The
279	remedies provided by this section shall also apply to a
280	servicemember who is a prospective tenant who has been
281	discriminated against under subsection (3).
282	Section 5. Section 83.682, Florida Statutes, is amended to
283	read:
284	83.682 Termination of rental agreement by a servicemember
285	member of the United States Armed Forces.--
286	(1)(a) Any servicemembermember of the United States Armed
287	Forces who is required to move pursuant to permanent change of
288	station orders to depart 35 miles or more from the location of a
289	rental premises or who is prematurely or involuntarily
290	discharged or released from active duty with the United States
291	Armed Forcesmay terminate his or her rental agreement by
292	providing the landlord with a written notice of termination to
293	be effective on the date stated in the notice that is at least
294	30 days after the landlord's receipt of the notice if any of the
295	following criteria are met:.
296	(a) The servicemember is required, pursuant to a permanent
297	change of station orders, to move 35 miles or more from the
298	location of the rental premises;
299	(b) The servicemember is prematurely or involuntarily
300	discharged or released from active duty;
301	(c) The servicemember is released from federal or state
302	active duty after having leased the rental premises while on
303	federal or state active duty status and the rental premises is
304	more than 35 miles away from the servicemember’s home of record
305	prior to entering active duty;
306	(d) The servicemember receives military orders requiring
307	him or her to move into government quarters or, after entering
308	into a rental agreement, the servicemember becomes eligible to
309	live in government quarters;
310	(e) The servicemember receives temporary duty orders,
311	temporary change of station orders, or state active duty orders
312	to an area more than 35 miles from the location of the rental
313	premises, provided such orders are for a period exceeding 60
314	days; or
315	(f) The servicemember has leased the property, but prior
316	to taking possession of the rental premises, receives a change
317	of orders to an area that is more than 35 miles from the
318	location of the rental premises.
319	(2)The notice to the landlord must be accompanied by
320	either a copy of the official military orders or a written
321	verification signed by the member's commanding officer.
322	(3)(b) In the event a servicemembermember of the United
323	States Armed Forcesdies during active duty, an adult member of
324	his or her immediate family may terminate the member's rental
325	agreement by providing the landlord with a written notice of
326	termination to be effective on the date stated in the notice
327	that is at least 30 days after the landlord's receipt of the
328	notice. The notice to the landlord must be accompanied by either
329	a copy of the official military orders showing the servicemember
330	was on active dutyor a written verification signed by the
331	member's Commanding Officer and a copy of the servicemember’s
332	death certificate.
333	(4)(2)Upon termination of a rental agreement under this
334	section, the tenant is liable for the rent due under the rental
335	agreement prorated to the effective date of the termination
336	payable at such time as would have otherwise been required by
337	the terms of the rental agreement. The tenant is not liable for
338	any other rent or damages due to the early termination of the
339	tenancy as provided for in this sectionexcept the liquidated
340	damages provided in this section. Notwithstanding any provision
341	of this section to the contrary,if a tenant terminates the
342	rental agreement pursuant to this section 14 or more days prior
343	to occupancy, no damages or penalties of any kind will be
344	assessableare due.
345	(3) In consideration of early termination of the rental
346	agreement, the tenant is liable to the landlord for liquidated
347	damages provided the tenant has completed less than 9 months of
348	the tenancy and the landlord has suffered actual damages due to
349	loss of the tenancy. The liquidated damages must be no greater
350	than 1 month's rent if the tenant has completed less than 6
351	months of the tenancy as of the effective date of termination,
352	or one-half of 1 month's rent if the tenant has completed at
353	least 6 but not less than 9 months of the tenancy as of the
354	effective date of termination.
355	(5)(4)The provisions of this section may not be waived or
356	modified by the agreement of the parties under any
357	circumstances.
358	Section 6. Section 115.02, Florida Statutes, is amended to
359	read:
360	115.02 Governor to grant application; proviso.--When any
361	such officer shall be granted a leave of absence pursuant to
362	this chaptervolunteer or be called into the service of the
363	United States during war, the Governor shall, upon application
364	being made by such officer, grant such officer leave of absence
365	during the time he or she shall be retained in such military
366	service; provided, such service shall not extend beyond the term
367	of office of such officer, in which event the office shall be
368	filled by election at the expiration thereof.
369	Section 7. Section 115.08, Florida Statutes, is amended to
370	read:
371	115.08 Definitions.--
372	(1) The term "active military service" as used in this
373	chapterlawshall signify active duty in the Florida defense
374	force or federal service in training or on active duty with any
375	branch of the Armed Forces or Reservists of the Armed Forces,
376	the Florida National GuardArmy of the United States, the United
377	States Navy, the Marine Corps of the United States, the Coast
378	Guard of the United States, and service of all officers of the
379	United States Public Health Service detailed by proper authority
380	for duty with the Armed Forceseither with the army or the navy,
381	and shall include the period during which a person in military
382	service is absent from duty on account of sickness, wounds,
383	leave, or other lawful cause.
384	(2) The term "period of active military service" as used
385	in this chapterlawshall begin with the date of entering upon
386	active military service, and shall terminate with death or a
387	date 30 days immediately next succeeding the date of release or
388	discharge from active military service, or upon return from
389	active military service, whichever shall occur first.
390	(3) The term “servicemember” as used in this chapter shall
391	have the same meaning as provided in s. 250.82.
392	Section 8. Section 115.09, Florida Statutes, is amended to
393	read:
394	115.09 Leave to public officials for military
395	service.--All officials of the state, the several counties of
396	the state, and the municipalities or political subdivisions of
397	the state, including district school and community college
398	officers, which officials are also members ofofficers or
399	enlisted personnel inthe National Guard or a reserve component
400	of the Armed Forces of the United States, shallmay, subject to
401	the provisions and conditions hereafter set forth,be granted
402	leave of absence from their respective offices and duties to
403	perform active military service, the first 30 days of any such
404	leave of absence to be with full pay.
405	Section 9. Section 115.10, Florida Statutes, is repealed.
406	Section 10. Section 115.12, Florida Statutes, is amended
407	to read:
408	115.12 Rights during leave.--
409	(1)During such leave of absence such official shall be
410	entitled to preserve all seniority rights, efficiency ratings,
411	promotional status and retirement privileges. The period of
412	active military service shall, for purposes of computation to
413	determine whether such person may be entitled to retirement
414	under the laws of the state, be deemed continuous service in the
415	office of said official. While absent on such leave without pay,
416	said official shall not be required to make any contribution to
417	any retirement fund.
418	(2) The employing authority shall adhere to all the
419	provisions contained in the Uniformed Service Employment and
420	Reemployment Rights Act, Title 38, United States Code, Chapter
421	43, as amended.
422	Section 11. Section 115.13, Florida Statutes, is amended
423	to read:
424	115.13 Resumption of official duties.--Upon said officer
425	terminating his or her active military service, he or she shall
426	immediatelyenter upon the duties of office for the unexpired
427	portion of the term for which he or she was elected or
428	appointed, in accordance with the limits provided under the
429	Uniformed Service Employment and Reemployment Rights Act, Title
430	38, United States Code, Chapter 43, as amended.
431	Section 12. Section 115.14, Florida Statutes, is amended
432	to read:
433	115.14 Employees.--All employees of the state, the several
434	counties of the state, and the municipalities or political
435	subdivisions of the state shallmay, in the discretion of the
436	employing authority of such employee,be granted leave of
437	absence under the terms of this law; upon such leave of absence
438	being granted said employee shall enjoy the same rights and
439	privileges as are hereby granted to officials under this law,
440	insofar as may be, including without limitation receiving full
441	pay for the first 30 days. Notwithstanding the provisions of s.
442	115.09, the employing authority may supplement the military pay
443	of its officials and employees who are reservists called to
444	active military service after the first 30 daysfor the first 30
445	days with full pay and, thereafter,in an amount necessary to
446	bring their total salary, inclusive of their base military pay,
447	to the level earned at the time they were called to active
448	military duty. The employing authority shallmay also, in its
449	discretion, continue to provide allanyhealth insurance and
450	other existing benefits to such officials and employees as
451	required by the Uniformed Service Employment and Reemployment
452	Rights Act, Title 38, United States Code, Chapter 43, as
453	amended.
454	Section 13. Section 115.15, Florida Statutes, is amended
455	to read:
456	115.15 Adoption of federal law for employees.--The
457	provisions of the Uniformed Service Employment and Reemployment
458	Rights Act, Title 38, United States Code, Chapter 43, as amended
459	section 8 of chapter 720 Acts of Congress of the United States,
460	approved September 16, 1940 (Title 50 App. Section 308,
461	U.S.C.A.), insofar as it relates to the reemployment of public
462	employees granted a leave of absence on active military duty
463	under this law, shall be applicable in this state and the
464	refusal of any state, county, or municipal official to comply
465	therewith shall subject him or her to removal from office.
466	Section 14. Section 364.195, Florida Statutes, is created
467	to read:
468	364.195 Termination of telecommunications service contract
469	by a member of the United States Armed Forces.--
470	(1) Any servicemember of the United States Armed Forces,
471	as defined in s. 250.82, may terminate his or her
472	telecommunications service contract by providing the
473	telecommunications company with a written notice of termination,
474	effective on the date specified in the notice, which date shall
475	be at least 30 days after receipt of the notice by the
476	telecommunications company, if any of the following criteria are
477	met:
478	(a) The servicemember is required, pursuant to a permanent
479	change of station orders, to move outside the area served by the
480	telecommunications company or to an area where the type of
481	telecommunications service being provided to the servicemember
482	is not available from the telecommunications company;
483	(b) The servicemember is discharged or released from
484	federal or state active duty and will return from such duty to
485	an area not served by the telecommunications company or where
486	the type of telecommunications service contracted for is not
487	available from the telecommunications company;
488	(c) The servicemember is released from federal or state
489	active duty after having entered into a contact for
490	telecommunications service while on federal or state active duty
491	status and the telecommunications company does not provide
492	telecommunications service or the same type of
493	telecommunications service contracted for in the region of the
494	servicemember’s home of record prior to entering active duty;
495	(d) The servicemember receives military orders requiring
496	him or her to move outside the continental United States;
497	(e) The servicemember receives temporary duty orders,
498	temporary change of station orders, or state active duty orders
499	to an area not served by the telecommunications company or where
500	the type of telecommunications service contracted for is not
501	available from the telecommunications company, provided such
502	orders are for a period exceeding 60 days; or
503	(f) The servicemember has entered into the contract to
504	receive services from a telecommunications company, but prior to
505	activation of the telecommunications service, receives a change
506	of orders to an area not served by the telecommunications
507	company or where the type of telecommunications service
508	contracted for is not available from the telecommunications
509	company.
510	(2) The written notice to the telecommunications company
511	must be accompanied by either a copy of the official military
512	orders or a written verification signed by the servicemember's
513	commanding officer.
514	(3) In the event a servicemember dies during active duty,
515	an adult member of his or her immediate family may terminate the
516	member's telecommunications service contract by providing the
517	company with a written notice of termination, effective on the
518	date specified in the notice, which date shall be at least 30
519	days after receipt of the notice by the telecommunications
520	company. The notice to the telecommunications company must be
521	accompanied by either a copy of official military confirmation
522	of death of the servicemember or a written verification signed
523	by the servicemember's commanding officer and a copy of the
524	servicemember’s death certificate.
525	(4) Upon termination of a contract under this section, the
526	customer is liable for the amount due under the contract
527	prorated to the effective date of the termination payable at
528	such time as would have otherwise been required by the terms of
529	the contract. The customer is not liable for any other fees due
530	to the early termination of the contract as provided for in this
531	section.
532	(5) The provisions of this section may not be waived or
533	modified by the agreement of the parties under any
534	circumstances.
535	Section 15. Section 468.4339, Florida Statutes, is created
536	to read:
537	468.4339 Provisions of continuing education.--The council
538	shall require a portion of the classroom hours in ss. 468.4337
539	and 468.4338 to include information on the rights of
540	servicemembers, as provided in the Florida Uniformed
541	Servicemembers Protection Act.
542	Section 16. Section 475.1821, Florida Statutes, is created
543	to read:
544	475.1821 Provisions of continuing education.--The
545	commission shall require a portion of the classroom hours in s.
546	475.182 to include information on the rights of servicemembers
547	as provided in the Florida Uniformed Servicemembers Protection
548	Act.
549	Section 17. Section 520.14, Florida Statutes, is created
550	to read:
551	520.14 Termination of retail installment contract for
552	leasing a motor vehicle by a member of the United States Armed
553	Forces.--
554	(1) Any servicemember of the United States Armed Forces,
555	as defined in s. 250.82, may terminate his or her retail
556	installment contract for leasing a motor vehicle by providing
557	the sales finance company with a written notice of termination,
558	effective on the date specified in the notice, which date shall
559	be at least 30 days after the receipt of the notice by the sales
560	finance company, if any of the following criteria are met:
561	(a) The servicemember is required, pursuant to a permanent
562	change of station, to move outside the continental United
563	States;
564	(b) The servicemember receives temporary duty orders,
565	temporary change of station orders, or state active duty orders
566	outside the continental United States, provided such orders are
567	for a period exceeding 60 days; or
568	(c) The servicemember has entered into the motor vehicle
569	lease, but prior to commencement of the lease, receives a change
570	of orders to an area not served by the sales finance company or
571	to an area where the same type of motor vehicle lease agreement
572	is not available from the sales finance company.
573	(2) The written notice to the sales finance company under
574	subsection (1) must be accompanied by either a copy of the
575	official military orders or a written verification signed by the
576	servicemember's commanding officer.
577	(3) In the event a servicemember dies during active duty,
578	an adult member of his or her immediate family may terminate the
579	servicemember's retail installment contract by providing the
580	sales finance company with a written notice of termination,
581	effective on the date specified in the notice, which date shall
582	be at least 30 days after receipt of the notice by the sales
583	finance company. The notice to the company must be accompanied
584	by either a copy of the official military confirmation of death
585	of the servicemember or a written verification signed by the
586	servicemember's commanding officer and a copy of the
587	servicemember’s death certificate.
588	(4) Upon termination of a contract under this section, the
589	lessee is liable for the amount due under the contract, prorated
590	to the effective date of the termination, payable at such time
591	as would have otherwise been required by the terms of the
592	contract. The lessee is not liable for any other fees due to the
593	early termination of the contract as provided for in this
594	section.
595	(5) The provisions of this section may not be waived or
596	modified by the agreement of the parties under any
597	circumstances.
598	Section 18. Section 689.27, Florida Statutes, is created
599	to read:
600	689.27 Termination of agreement to purchase real property
601	by a member of the United States Armed Forces.--
602	(1) Notwithstanding any other provisions of law and for
603	the purposes of this section:
604	(a) “Contract” means an instrument purporting to contain
605	an agreement to purchase real property.
606	(b) “Property” means a house, condominium, or mobile home
607	that a servicemember intends to purchase to serve as his or her
608	primary residence.
609	(c) “Servicemember” shall have the same meaning as
610	provided in s. 250.82.
611	(2) Any servicemember may terminate a contract to purchase
612	property, prior to his or her occupancy of such property, by
613	providing the seller or mortgagor of the property with a written
614	notice of termination to be effective immediately, if any of the
615	following criteria are met:
616	(a) The servicemember is required, pursuant to a permanent
617	change of station orders received after entering into a contract
618	for the property, to move 35 miles or more from the location of
619	the property;
620	(b) The servicemember is released from federal or state
621	active duty after having agreed to purchase the property while
622	serving on federal or state active duty status, and the property
623	is more than 35 miles away from the servicemember’s home of
624	record prior to entering active duty;
625	(c) The servicemember receives military orders requiring
626	him or her to move into government quarters or, after
627	contracting to purchase property but prior to closing, the
628	servicemember becomes eligible to live in government quarters;
629	(d) The servicemember receives temporary duty orders,
630	temporary change of station orders, or state active duty orders
631	to an area more than 35 miles from where the property is
632	located, provided such orders are for a period exceeding 90
633	days; or
634	(e) The servicemember has entered into an agreement to
635	purchase the property, but prior to taking possession of the
636	property, receives a change of orders to an area located more
637	than 35 miles from the location of the property.
638	(3) The notice to the seller or mortgagor canceling the
639	contract must be accompanied by either a copy of the official
640	military orders or a written verification signed by the
641	servicemember's commanding officer.
642	(4) Upon termination of a contract under this section, the
643	seller or mortgagor or his or her agent shall refund any funds
644	provided by the servicemember under the contract within 7 days.
645	The servicemember is not liable for any other fees due to the
646	termination of the contract as provided for in this section.
647	(5) The provisions of this section may not be waived or
648	modified by the agreement of the parties under any
649	circumstances.
650	Section 19. This act shall take effect upon becoming a
651	law.