HB 1475 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
8
9	Committee Substitute
10	Remove the entire bill and insert:
11
12	A bill to be entitled
13	An act relating to military affairs; creating pt. IV of
14	ch. 250, F.S., the "Florida Uniformed Servicemembers
15	Protection Act"; providing a popular name; providing
16	legislative intent; providing definitions; providing for
17	applicability of specified federal laws to servicemembers
18	when serving on active duty or state active duty;
19	providing for jurisdiction of the courts; providing for
20	construction of pt. IV of ch. 250, F.S.; providing for
21	incorporation by reference of various provisions of
22	Florida Statutes within the Florida Uniformed
23	Servicemembers Protection Act; providing civil relief for
24	servicemembers on active duty or state active duty;
25	providing civil remedies and procedures with respect to
26	the staying, postponement, or suspension of the
27	enforcement of obligations or liabilities, the prosecution
28	of suits or proceedings, the entry or enforcement of
29	orders, writs, judgments, or decrees, or the performance
30	of other acts; providing civil remedy and procedure with
31	respect to a servicemember on active duty or state active
32	duty who is the principal of a criminal bail bond;
33	providing for relief and benefits of persons who serve
34	with the forces of any nation allied with the United
35	States in the prosecution of any war in which the United
36	States is engaged; providing for extension of relief and
37	benefits for any person who has been ordered to report for
38	induction under the Military Selective Service Act;
39	providing construction; providing civil remedy and
40	procedure with respect to a stay, postponement, or
41	suspension in the payment of any tax, fine, penalty,
42	insurance premium, or other civil obligation or liability
43	of a servicemember on active duty or state active duty;
44	providing civil remedy and procedure in any court action
45	or proceeding when there is a default of any appearance by
46	the defendant; providing a penalty for making or using a
47	false affidavit, statement, declaration, verification, or
48	certificate; authorizing the court to appoint an attorney
49	to represent a servicemember on active duty or state
50	active duty under certain circumstances; providing civil
51	remedy and procedure with respect to specified judgments;
52	providing for stay of certain actions and proceedings;
53	providing that no fine shall accrue with respect to an
54	action for compliance with terms of specified contracts;
55	authorizing the court to grant relief against the
56	enforcement of such fine or penalty; authorizing the court
57	to stay the execution of any judgment or order and vacate
58	or stay any attachment or garnishment of property, money,
59	or debts with respect to actions or proceedings commenced
60	in any court against a servicemember on active duty or
61	state active duty; providing for period of stay; providing
62	a limit on interest on specified obligations or interests
63	of a servicemember on active duty or state active duty;
64	prohibiting eviction or distress for rent during the
65	period of a servicemember’s active duty or state active
66	duty under specified circumstances; providing for stay of
67	proceedings and relief with respect thereto; providing a
68	penalty for knowingly taking part in such eviction or
69	distress; prohibiting a person who has received specified
70	deposits or installments from a servicemember who has
71	entered active duty or state active duty from exercising
72	any right or option to rescind or terminate a contract or
73	resume possession of property for nonpayment of any
74	installment due or for a breach of terms; providing a
75	penalty for knowingly resuming possession of such
76	property; authorizing the court to order repayment of
77	prior installments or deposits; authorizing the court to
78	order a stay of proceedings; providing applicability;
79	providing for invalidity of certain sale, foreclosure, or
80	seizure of property; providing a penalty for knowingly
81	making or causing to be made any sale, foreclosure, or
82	seizure of property deemed invalid; providing procedure
83	subsequent to a stay of a proceeding to foreclose a
84	mortgage upon personal property, resume possession of
85	personal property, or rescind or terminate a contract for
86	the purchase thereof; providing applicability with respect
87	to specified leases; providing for termination of lease by
88	notice; providing a penalty for knowingly seizing,
89	holding, or detaining the personal effects, clothing,
90	furniture, or other property of a servicemember who has
91	lawfully terminated a lease or interfering with the
92	removal of such property from the premises covered by the
93	lease for the purpose of subjecting or attempting to
94	subject such property to a claim for rent accruing
95	subsequent to the date of termination of lease; providing
96	civil remedy and procedure with respect to assignment of a
97	life insurance policy on the life of a servicemember on
98	active duty or state active duty; prohibiting the exercise
99	of any right to foreclose or enforcement of any lien for
100	storage of household goods, furniture, or personal effects
101	of a servicemember during a servicemember’s period of
102	active duty or state active duty, except upon court order,
103	and providing a penalty therefor; providing construction;
104	providing that dependents of a servicemember on active
105	duty or state active duty shall be entitled to the
106	benefits accorded to servicemembers on active duty or
107	state active duty upon application to the court; providing
108	for civil remedies and procedures with respect to
109	nonpayment of taxes or assessments; prohibiting the sale
110	of property to enforce the collection of taxes or
111	assessments, or the commencement of any proceeding or
112	action for such purpose, except under certain
113	circumstances; providing for the right of a servicemember
114	to redeem or commence an action to redeem such property;
115	providing a limit on interest for unpaid taxes or
116	assessments and prohibiting additional interest or
117	penalties; providing that a servicemember shall not be
118	deemed to have lost a residence or domicile in the state
119	or to have become a resident of another state solely by
120	reason of being absent in compliance with active duty
121	orders for purposes of taxation of his or her personal
122	property; providing for relief with respect to obligations
123	or liabilities incurred prior to a servicemember's period
124	of active duty or with respect to taxes or assessments;
125	providing requirements and procedures with respect to
126	power of attorney executed by a servicemember on active
127	duty or state active duty who is in a missing status;
128	providing civil remedy and procedure with respect to a
129	servicemember engaged in the furnishing of health care
130	services or other services determined to be professional
131	services having in effect a professional liability
132	insurance policy that does not continue to cover claims
133	filed during the period of the servicemember’s active
134	duty; providing that all servicemembers employed in the
135	state who are also servicemembers, officers, or enlisted
136	personnel in the National Guard or a reserve component of
137	the Armed Forces of the United States shall be granted
138	leave of absence from their respective offices and duties
139	to perform active duty or state active duty; providing
140	rights and conditions with respect thereto; amending s.
141	83.43, F.S.; defining "servicemember," "active duty," and
142	"state active duty" for purposes of the Florida
143	Residential Landlord and Tenant Act; amending s. 83.64,
144	F.S.; prohibiting retaliatory action by a landlord for
145	termination of a rental agreement by a servicemember;
146	amending s. 83.67, F.S.; prohibiting a landlord from
147	discriminating against a servicemember in offering a
148	dwelling unit for rent or in any of the terms of a rental
149	agreement; providing for applicability of remedies to
150	servicemembers who are prospective tenants and the subject
151	of such discrimination; amending s. 83.682, F.S.;
152	providing conditions under which a servicemember may
153	terminate his or her rental agreement; revising
154	terminology; revising liability of a servicemember in the
155	event of early termination of a tenancy; amending s.
156	115.02, F.S.; revising provisions with respect to the
157	granting of a leave of absence to an officer; amending s.
158	115.08, F.S.; revising the definition of "active military
159	service" and "period of active military service" and
160	providing a definition of "servicemember"; amending s.
161	115.09, F.S.; requiring the granting of leave of absence
162	for state, county, and municipal officials who are
163	servicemembers; repealing s. 115.10, F.S., relating to
164	granting and denial of leave of absence for public
165	officials by the Governor; amending s. 115.12, F.S.;
166	revising provisions relating to rights during leave to
167	provide that the employing authority must adhere to the
168	provisions of the federal Uniformed Services Employment
169	and Reemployment Rights Act; amending s. 115.13, F.S.;
170	revising provisions relating to resumption of official
171	duties; amending s. 115.14, F.S.; requiring the granting
172	of leave of absence for state, county, and municipal
173	employees; revising provisions with respect to
174	supplemental pay for reservist officials and employees
175	called to active military service; requiring an employing
176	authority to continue to provide all health insurance and
177	other existing benefits; amending s. 115.15, F.S.;
178	providing for applicability of the federal Uniformed
179	Services Employment and Reemployment Rights Act; amending
180	s. 320.07, F.S.; exempting servicemembers from penalties
181	for expiration of mobile home and motor vehicle
182	registrations when such registrations expire while the
183	servicemember is serving on active duty; creating s.
184	364.195, F.S.; providing requirements and procedure with
185	respect to termination of a telecommunications service
186	contract by a servicemember; creating s. 520.14, F.S.;
187	providing requirements and procedure with respect to the
188	termination of a retail installment contract for leasing a
189	motor vehicle by a servicemember; amending s. 627.7283,
190	F.S.; requiring motor vehicle insurance companies to
191	refund the entire unearned portion of a premium upon
192	cancellation of motor vehicle insurance by a servicemember
193	when the servicemember is required to move pursuant to
194	specified orders; creating s. 689.27, F.S.; providing
195	definitions; providing requirements and procedure with
196	respect to the termination of an agreement to purchase
197	real property by a servicemember; amending s. 1009.531,
198	F.S.; extending the eligibility period for the Florida
199	Bright Futures Scholarship Program for students who enlist
200	in the armed forces or reserves immediately after
201	completion of high school; amending s. 1009.532, F.S.;
202	providing eligibility for continuation of Florida Bright
203	Futures Scholarships for students attending postsecondary
204	institutions who are also Florida National Guard or United
205	States Reserves servicemembers and are called to active
206	duty or active state duty; providing an effective date.
207
208	Be It Enacted by the Legislature of the State of Florida:
209
210	Section 1. Part IV of chapter 250, Florida Statutes,
211	consisting of sections 250.80, 250.81, 250.82, 250.83, 250.84,
212	250.85, 250.86, and 250.87, is created to read:
213	PART IV
214	FLORIDA UNIFORMED SERVICEMEMBERS PROTECTION ACT
215	250.80 Popular name.--Sections 250.80-250.87 may be known
216	by the popular name the "Florida Uniformed Servicemembers
217	Protection Act."
218	250.81 Legislative intent.--It is the intent of the
219	Legislature that men and women who serve in the Florida National
220	Guard and Armed Forces Reserves understand their rights under
221	applicable state and federal laws. Further, it is the intent of
222	the Legislature that Florida residents and businesses understand
223	the rights afforded to the men and women who volunteer their
224	time and sacrifice their lives to protect the freedoms granted
225	by the Constitutions of the United States and the State of
226	Florida.
227	250.82 Definitions.--As used in this part:
228	(1) “Active duty” means full-time duty in the active
229	military service of the United States, including federal duty,
230	which includes attendance of full-time training and annual
231	training while in active military service or attendance of a
232	school designated as a service school by law or by the secretary
233	of the applicable military branch.
234	(2) “State active duty” means full-time duty in the active
235	military service of the State of Florida when ordered by the
236	Governor or Adjutant General in accordance with s. 250.06, s.
237	250.10, or s. 250.28, for purposes which include, but are not
238	limited to, preserving the public peace; executing the laws of
239	the state; suppressing insurrection; repelling invasion;
240	enhancing security and responding to a terrorist threat or
241	attack; responding to an emergency as defined in s. 252.34 or
242	imminent threat of an emergency; enforcing laws; conducting
243	counter-narcotics operations; providing training; providing for
244	the security of the rights or lives of the public and private
245	property; conducting ceremonies, including the performance of
246	duties of officers or enlisted personnel who are employed under
247	the order of the Governor in recruiting; conducting tours of
248	instruction; inspecting troops, armories, storehouses,
249	campsites, rifle ranges, or military properties; sitting on
250	general or special courts-martial, boards of examination, courts
251	of inquiry, and boards of officers; and conducting or assisting
252	in physical examinations.
253
254	The terms shall also include the period during which a person in
255	active military service is absent from duty as a result of
256	illness, being wounded, being on leave, or other lawful cause.
257	(3) “SSCRA” means the Soldiers' and Sailors' Civil Relief
258	Act, Title 50, Appendix U.S.C. s. 501 et seq., as amended.
259	(4) “Servicemember” means any person serving as a member
260	of the United States Armed Forces on active duty or state active
261	duty and all members of the Florida National Guard and United
262	States Reserve Forces.
263	(5) “USERRA” means the Uniformed Services Employment and
264	Reemployment Rights Act, chapter 43 of Title 38 U.S.C., as
265	amended.
266	250.83 Applicability of federal laws.--Florida law
267	provides certain protections to servicemembers in various legal
268	proceedings and contractual relationships. In addition to these
269	state provisions, federal law also contains protections, such as
270	those provided in the Soldiers' and Sailors' Civil Relief Act
271	(SSCRA), as amended, and the Uniformed Services Employment and
272	Reemployment Rights Act (USERRA), as amended, that are
273	applicable to servicemembers in the state even though such
274	provisions are not specifically identified under state law. It
275	is the intent of the Legislature that the rights accorded
276	servicemembers under these provisions of federal law should
277	apply to all servicemembers when they are serving on active duty
278	or state active duty. To the extent allowed by federal law, the
279	state courts shall have concurrent jurisdiction for enforcement
280	over all causes of action arising from the provisions of federal
281	law and may award a remedy as provided therein. The state courts
282	shall also have jurisdiction over all causes of action arising
283	under this act.
284	250.84 Construction of part.--In the event that any other
285	provision of law conflicts with SSCRA, USERRA, or the provisions
286	of this chapter, the provisions of SSCRA, USERRA, or the
287	provisions of this chapter, whichever is applicable, shall
288	control. Nothing in this part shall construe rights or
289	responsibilities not provided under the SSCRA, USERRA, or this
290	chapter.
291	250.85 Florida Uniformed Servicemembers Protection Act;
292	rights of servicemembers; incorporation by reference.--It is the
293	intent of the Legislature that the provisions of the Florida
294	Uniformed Servicemembers Protection Act be included as part of
295	the continuing education requirements for certain licensed
296	professionals as provided in this act. Further, it is the intent
297	of the Legislature to ensure that those individuals affected by
298	the provisions of the Florida Uniformed Servicemembers
299	Protection Act be made aware of the rights and responsibilities
300	of servicemembers.
301	(1) The provisions of the following sections, as amended
302	or created by this act, are incorporated by reference within the
303	Florida Uniformed Servicemembers Protection Act:
304	(a) Sections 83.43, 83.64, 83.67, and 83.682, which
305	provide rights and responsibilities of servicemembers under the
306	Florida Residential Landlord and Tenant Act.
307	(b) Sections 115.02, 115.08, 115.09, 115.12, 115.13,
308	115.14, and 115.15, which provide rights and responsibilities of
309	servicemembers with respect to leaves of absence for officials
310	and employees.
311	(c) Section 320.07, which exempts servicemembers from
312	penalties for expiration of mobile home and motor vehicle
313	registrations when such registrations expire while serving on
314	active duty or state active duty.
315	(d) Section 364.195, which provides requirements and
316	procedures with respect to termination of a telecommunications
317	service contract by a servicemember serving on active duty or
318	state active duty.
319	(e) Section 520.14, which provides requirements and
320	procedure with respect to termination of a retail installment
321	contract for leasing a motor vehicle by a servicemember serving
322	on active duty or state active duty.
323	(f) Section 627.7283, which requires motor vehicle
324	insurance companies to refund the entire unearned portion of a
325	premium upon cancellation of motor vehicle insurance by a
326	servicemember when the servicemember is required to move
327	pursuant to specified orders.
328	(g) Section 689.27, which provides requirements and
329	procedures with respect to the termination of an agreement to
330	purchase real property prior to closing by a servicemember who
331	enters active duty or state active duty after the agreement is
332	signed.
333	(h) Section 1009.531, which extends the eligibility period
334	for the Florida Bright Futures Scholarship Program for students
335	who enlist or are commissioned in the United States Armed Forces
336	immediately after completion of high school.
337	(i) Section 1009.532, which provides eligibility for
338	continuation of Florida Bright Futures Scholarships for students
339	attending postsecondary institutions who are also members of the
340	Florida National Guard or the United States Reserves and who
341	enter or are called to active duty or state active duty.
342	(2)(a) The Department of Military Affairs shall make
343	available a document containing the rights and responsibilities
344	of servicemembers set forth in this act, either through printed
345	or electronic means, to appropriate state or local organizations
346	composed of parties affected by said rights, including, but not
347	limited to, those representing:
348	1. Motor vehicle dealers.
349	2. Financial institutions.
350	3. Telecommunications service companies.
351	4. Residential tenancies.
352	5. Real estate salespersons and brokers.
353	6. Community association managers.
354	(b) The Department of Military Affairs shall also make
355	available a document containing the rights and responsibilities
356	of servicemembers set forth in this act, either through printed
357	or electronic means, to servicemembers and their families.
358	(c) Such documents containing the rights and
359	responsibilities of servicemembers set forth in this act shall
360	include an enumeration of all rights and responsibilities under
361	state and federal law, including, but not limited to:
362	1. The rights and responsibilities provided by the Florida
363	Uniformed Servicemembers Protection Act.
364	2. The rights and responsibilities provided by the
365	Soldiers' and Sailors' Civil Relief Act, as amended.
366	3. The rights and responsibilities provided by the
367	Uniformed Servicemembers Employment and Reemployment Rights Act.
368	250.86 Civil relief for servicemembers.--Notwithstanding
369	any provision of law to the contrary, the following shall apply
370	to servicemembers on active duty or state active duty.
371	(1)(a) Whenever, pursuant to any of the provisions of this
372	section, the enforcement of any obligation or liability, the
373	prosecution of any suit or proceeding, the entry or enforcement
374	of any order, writ, judgment, or decree, or the performance of
375	any other act may be stayed, postponed, or suspended, such stay,
376	postponement, or suspension may, in the discretion of the court,
377	likewise be granted to sureties, guarantors, endorsers,
378	accommodation makers, and others, whether primarily or
379	secondarily subject to the obligation or liability, the
380	performance or enforcement of which is stayed, postponed, or
381	suspended.
382	(b) When a judgment or decree is vacated or set aside in
383	whole or in part, as provided in this section, the same may, in
384	the discretion of the court, likewise be set aside and vacated
385	as to any surety, guarantor, endorser, accommodation maker, or
386	other person, whether primarily or secondarily liable, upon the
387	contract or liability for the enforcement of which the judgment
388	or decree was entered.
389	(c) Nothing contained in this section shall prevent a
390	waiver in writing of the benefits afforded by paragraphs (a) and
391	(b) by any surety, guarantor, endorser, accommodation maker, or
392	other person, whether primarily or secondarily liable, upon the
393	obligation or liability, except that no such waiver shall be
394	valid unless it is executed as an instrument separate from the
395	obligation or liability in respect of which it applies, and no
396	such waiver shall be valid after the beginning of the period of
397	active duty or state active duty if executed by an individual
398	who subsequent to the execution of such waiver becomes a
399	servicemember on active duty or state active duty, or if
400	executed by a dependent of such individual, unless executed by
401	such individual or dependent during the period specified in
402	subsection (4).
403	(d) Whenever, by reason of the active duty or state active
404	duty of a principal who is a servicemember upon a criminal bail
405	bond, the sureties upon such bond are prevented from enforcing
406	the attendance of their principal and performing their
407	obligation, the court shall not enforce the provisions of such
408	bond during the active duty or state active duty of the
409	principal thereon and may in accordance with principles of
410	equity and justice either during or after such service discharge
411	such sureties and exonerate the bail.
412	(2) Persons who serve with the forces of any nation with
413	which the United States may be allied in the prosecution of any
414	war in which the United States engages while this section
415	remains in force and who immediately prior to such service were
416	citizens of Florida shall be entitled to the relief and benefits
417	afforded by this section if such service is similar to active
418	duty or state active duty as defined in this section, unless
419	they are dishonorably discharged therefrom or it appears that
420	they do not intend to resume state citizenship.
421	(3) The Department of Military Affairs shall make every
422	reasonable effort to give notice of the benefits accorded by
423	this section to persons serving on or entering active duty or
424	state active duty.
425	(4) Any person who has been ordered to report for
426	induction under the Military Selective Service Act, 50 U.S.C.,
427	shall be entitled to an extension of the relief and benefits
428	accorded persons on active duty or state active duty under this
429	section during the period beginning on the date of receipt of
430	such order and ending on the date upon which such person reports
431	for induction. Any servicemember who is ordered to report for
432	active duty or state active duty shall be entitled to an
433	extension of such relief and benefits during the period
434	beginning on the date of receipt of such order and ending on the
435	date upon which such member reports for active duty or state
436	active duty or the date on which the order is revoked, whichever
437	is earlier.
438	(5) Nothing contained in this section shall prevent the
439	modification, termination, or cancellation of any contract,
440	lease, or bailment or any obligation secured by mortgage, trust
441	deed, lien, or other security in the nature of a mortgage, or
442	the repossession, retention, foreclosure, sale, forfeiture, or
443	taking possession of property which is security for any
444	obligation or which has been purchased or received under a
445	contract, lease, or bailment, pursuant to a written agreement of
446	the parties thereto, including the servicemember on active duty
447	or state active duty concerned, or the person to whom subsection
448	(4) is applicable, whether or not such person is a party to the
449	obligation, or their assignees, which is executed during or
450	after the period of active duty or state active duty of the
451	person concerned or during the period specified in subsection
452	(4).
453	(6) Application by a servicemember on active duty or state
454	active duty for, or receipt by a servicemember on active duty or
455	state active duty of, a stay, postponement, or suspension
456	pursuant to the provisions of this section in the payment of any
457	tax, fine, penalty, insurance premium, or other civil obligation
458	or liability of that servicemember shall not itself, without
459	regard to other objective considerations, provide the basis for
460	any of the following:
461	(a) A determination by any lender or other person that
462	such servicemember on active duty or state active duty is unable
463	to pay such civil obligation or liability in accordance with its
464	terms.
465	(b) With respect to a credit transaction between a
466	creditor and such servicemember on active duty or state active
467	duty:
468	1. A denial or revocation of credit by the creditor;
469	2. A change by the creditor in the terms of an existing
470	credit arrangement; or
471	3. A refusal by the creditor to grant credit to such
472	servicemember in substantially the amount or on substantially
473	the terms requested.
474	(c) An adverse report relating to the creditworthiness of
475	such servicemember on active duty or state active duty by or to
476	any person or entity engaged in the practice of assembling or
477	evaluating consumer credit information.
478	(d) A refusal by an insurer to insure such servicemember
479	on active duty or state active duty.
480	(7)(a) In any action or proceeding commenced in any court,
481	if there is a default of any appearance by the defendant, the
482	plaintiff, before entering judgment, shall file in the court an
483	affidavit setting forth facts showing that the defendant is not
484	a servicemember on active duty or state active duty. If unable
485	to file such affidavit, the plaintiff shall in lieu thereof file
486	an affidavit setting forth either that the defendant is a
487	servicemember on active duty or state active duty or that the
488	plaintiff is not able to determine whether or not the defendant
489	is a servicemember on such duty. If an affidavit is not filed
490	showing that the defendant is not a servicemember on active duty
491	or state active duty, no judgment shall be entered without first
492	securing an order of court directing such entry, and no such
493	order shall be made if the defendant is a servicemember on such
494	duty until after the court has appointed, upon application, an
495	attorney to represent the defendant and protect his or her
496	interest. Unless it appears that the defendant is not a
497	servicemember on such duty, the court may require, as a
498	condition before judgment is entered, that the plaintiff file a
499	bond approved by the court conditioned to indemnify the
500	defendant, if on active duty or state active duty, against any
501	loss or damage that he or she may suffer by reason of any
502	judgment, should the judgment be thereafter set aside in whole
503	or in part, and the court may make such other and further order
504	or enter such judgment as in its opinion may be necessary to
505	protect the rights of the defendant under this section.
506	Whenever, under the laws applicable with respect to any court,
507	facts may be evidenced, established, or proved by an unsworn
508	statement, declaration, verification, or certificate, in
509	writing, subscribed and certified or declared to be true under
510	penalty of perjury, the filing of such an unsworn statement,
511	declaration, verification, or certificate shall satisfy the
512	requirement of this subsection that facts be established by
513	affidavit.
514	(b) Any person who makes or uses an affidavit required
515	under this section, or a statement, declaration, verification,
516	or certificate certified or declared to be true under penalty of
517	perjury permitted under paragraph (a), knowing it to be false,
518	commits a misdemeanor of the first degree, punishable by
519	imprisonment not to exceed 1 year or by a fine not to exceed
520	$1,000, or both.
521	(c) In any action or proceeding in which a servicemember
522	on active duty or state active duty is a party, if such party
523	does not personally appear therein or is not represented by an
524	authorized attorney, the court may appoint an attorney to
525	represent him or her, and in such case a like bond may be
526	required and an order made to protect the rights of such party.
527	However, no attorney appointed under this section to protect a
528	servicemember on active duty or state active duty shall have
529	power by his or her acts to waive any right of the servicemember
530	for whom he or she is appointed or bind such servicemember by
531	his or her acts.
532	(d) If any judgment shall be rendered in any action or
533	proceeding governed by this section against any servicemember on
534	active duty or state active duty during the period of such
535	service or within 30 days thereafter, and it appears that such
536	servicemember was prejudiced by reason of his or her active duty
537	or state active duty in making his or her defense thereto, such
538	judgment may, upon application made by such servicemember, or
539	his or her legal representative, not later than 90 days after
540	the termination of such service, be opened by the court
541	rendering the same and such defendant who is a servicemember, or
542	his or her legal representative, let in to defend; provided,
543	that it is made to appear that the defendant has a meritorious
544	or legal defense to the action or some part thereof. Vacating,
545	setting aside, or reversing any judgment because of any of the
546	provisions of this section shall not impair any right or title
547	acquired by any bona fide purchaser for value under such
548	judgment.
549	(8) At any stage thereof, any action or proceeding in any
550	court in which a servicemember on active duty or state active
551	duty is involved, either as plaintiff or defendant, during the
552	period of such service or within 60 days thereafter may, in the
553	discretion of the court in which the action or proceeding is
554	pending, on its own motion, and shall, on application to it by
555	such servicemember or some person on his or her behalf, be
556	stayed as provided in this section unless, in the opinion of the
557	court, the ability of the plaintiff to prosecute the action or
558	the defendant to conduct his or her defense is not materially
559	affected by reason of the servicemember’s active duty or state
560	active duty.
561	(9) When an action for compliance with the terms of any
562	contract is stayed pursuant to this section, no fine or penalty
563	shall accrue by reason of failure to comply with the terms of
564	such contract during the period of such stay, and in any case
565	where a servicemember fails to perform any obligation and a fine
566	or penalty for such nonperformance is incurred, a court may, on
567	such terms as may be just, relieve against the enforcement of
568	such fine or penalty if it shall appear that the servicemember
569	who would suffer by such fine or penalty was on active duty or
570	state active duty when the penalty was incurred and that by
571	reason of such service the ability of such servicemember to pay
572	or perform was thereby materially impaired.
573	(10) In any action or proceeding commenced in any court
574	against a servicemember on active duty or state active duty,
575	before or during the period of such service, or within 60 days
576	thereafter, the court may, in its discretion, on its own motion,
577	and shall, on application to the court by such servicemember or
578	some person on his or her behalf, stay the execution of any
579	judgment or order entered against such person, as provided in
580	this section, and vacate or stay any attachment or garnishment
581	of property, money, or debts in the hands of another, whether
582	before or after judgment as provided in this section, unless in
583	the opinion of the court the ability of the defendant to comply
584	with the judgment or order entered or sought is not materially
585	affected by reason of his or her service on active duty or state
586	active duty.
587	(11) Any stay of any action, proceeding, attachment, or
588	execution ordered by any court under the provisions of this
589	section may, except as otherwise provided, be ordered for the
590	period of active duty or state active duty and 3 months
591	thereafter, or any part of such period, and shall be subject to
592	such terms as may be just, whether as to payment in installments
593	of such amounts and at such times as the court may fix or
594	otherwise. Where the servicemember on active duty or state
595	active duty is a codefendant with others, the plaintiff may
596	nevertheless by leave of court proceed against the others.
597	(12) The period of a servicemember’s active duty or state
598	active duty shall not be included in computing any period now or
599	hereafter to be limited by any law, regulation, or order for the
600	bringing of any action or proceeding in any court, board,
601	bureau, commission, department, or other agency of government by
602	or against any servicemember on active duty or state active duty
603	or by or against his or her heirs, executors, administrators, or
604	assigns, whether such cause of action or the right or privilege
605	to institute such action or proceeding shall have accrued prior
606	to or during the period of such service, and any part of such
607	period which occurs after the effective date of this act shall
608	not be included in computing any period now or hereafter
609	provided by any law for the redemption of real property sold or
610	forfeited to enforce any obligation, tax, or assessment.
611	(13) No obligation or liability bearing interest at a rate
612	in excess of 6 percent per year incurred by a servicemember on
613	active duty or state active duty before that person's entry into
614	that service shall, during any part of the period of active duty
615	or state active duty, bear interest at a rate in excess of 6
616	percent per year unless, in the opinion of the court, upon
617	application thereto by the obligee, the ability of such
618	servicemember on active duty or state active duty to pay
619	interest upon such obligation or liability at a rate in excess
620	of 6 percent per year is not materially affected by reason of
621	such service, in which case the court may make such order as in
622	its opinion may be just. As used in this section, the term
623	"interest" includes service charges, renewal charges, fees, or
624	any other charges, except bona fide insurance, in respect of
625	such obligation or liability.
626	(14)(a) No eviction or distress shall be made during the
627	period of a servicemember’s active duty or state active duty in
628	respect of any premises for which the agreed rent does not
629	exceed $1,200 per month, occupied chiefly for dwelling purposes
630	by the wife, children, or other dependents of a servicemember on
631	active duty or state active duty, except upon leave of court
632	granted upon application therefor or granted in an action or
633	proceeding affecting the right of possession.
634	(b) On any such application or in any such action the
635	court may, in its discretion, on its own motion, and shall, on
636	application, unless in the opinion of the court the ability of
637	the tenant to pay the agreed rent is not materially affected by
638	reason of such servicemember’s active duty or state active duty,
639	stay the proceedings for not longer than 3 months, as provided
640	in this section, or it may make such other order as may be just.
641	Where such stay is granted or other order is made by the court,
642	the owner of the premises shall be entitled, upon application
643	therefor, to relief in respect of such premises similar to that
644	granted persons on active duty or state active duty to such
645	extent and for such period as may appear to the court to be
646	just.
647	(c) Any person who knowingly takes part in any eviction or
648	distress, or attempts to take part in any eviction or distress,
649	other than as provided in paragraph (a) commits a misdemeanor of
650	the first degree, punishable as provided in s. 775.082 or s.
651	775.083.
652	(15)(a) No person who has received, or whose assignor has
653	received, under a contract for the purchase of real or personal
654	property, or of lease or bailment with a view to the purchase of
655	such property, a deposit or installment of the purchase price,
656	or a deposit or installment under the contract, lease, or
657	bailment, from a servicemember or from the assignor of a
658	servicemember who, after the date of payment of such deposit or
659	installment, has entered active duty or state active duty as a
660	servicemember shall exercise any right or option under such
661	contract to rescind or terminate the contract or resume
662	possession of the property for nonpayment of any installment
663	thereunder due or for any other breach of the terms thereof
664	occurring prior to or during the period of such servicemember’s
665	active duty or state active duty, except by action in a court of
666	competent jurisdiction.
667	(b) Any person who knowingly resumes or attempts to resume
668	possession of property which is the subject of this section
669	other than as provided in paragraph (a) or subsection (5)
670	commits a misdemeanor of the first degree, punishable as
671	provided in s. 775.082 or s. 775.083.
672	(c) Upon the hearing of such action the court may order
673	the repayment of prior installments or deposits or any part
674	thereof as a condition of terminating the contract and resuming
675	possession of the property, or may, in its discretion, on its
676	own motion, and shall, on application to the court by such
677	servicemember on active duty or state active duty or some person
678	on his or her behalf, order a stay of proceedings as provided in
679	this section unless, in the opinion of the court, the ability of
680	the defendant servicemember to comply with the terms of the
681	contract is not materially affected by reason of such service,
682	or the court may make such other disposition of the case as may
683	be equitable to conserve the interests of all parties.
684	(16)(a) The provisions of this section shall apply only to
685	obligations secured by mortgage, trust deed, or other security
686	in the nature of a mortgage upon real or personal property owned
687	by a servicemember on active duty or state active duty at the
688	commencement of the period of the active duty or state active
689	duty and still so owned by him or her, which obligations
690	originated prior to such servicemember's period of active duty
691	or state active duty.
692	(b) In any proceeding commenced in any court during the
693	period of a servicemember’s active duty or state active duty to
694	enforce such obligation arising out of nonpayment of any sum
695	thereunder due or out of any other breach of the terms thereof
696	occurring prior to or during the period of such service, the
697	court may, after hearing, in its discretion, on its own motion,
698	and shall, on application to the court by such servicemember on
699	active duty or state active duty or some person on his or her
700	behalf, stay the proceedings as provided in this section or make
701	such other disposition of the case as may be equitable to
702	conserve the interests of all parties unless, in the opinion of
703	the court, the ability of the defendant servicemember to comply
704	with the terms of the obligation is not materially affected by
705	reason of his or her active duty or state active duty.
706	(c) No sale, foreclosure, or seizure of property for
707	nonpayment of any sum due under any such obligation, or for any
708	other breach of the terms thereof, whether under a power of
709	sale, under a judgment entered upon warrant of attorney to
710	confess judgment contained therein, or otherwise, shall be valid
711	if made during the period of active duty or state active duty or
712	within 3 months thereafter, except pursuant to an agreement as
713	provided in subsection (5), unless upon an order previously
714	granted by the court and a return thereto made and approved by
715	the court.
716	(d) Any person who knowingly makes or causes to be made,
717	or attempts to make or cause to be made, any sale, foreclosure,
718	or seizure of property, defined as invalid under paragraph (c),
719	or attempts to do so, commits a misdemeanor of the first degree,
720	punishable as provided in s. 775.082 or s. 775.083.
721	(17) Where a proceeding to foreclose a mortgage upon or to
722	resume possession of personal property, or to rescind or
723	terminate a contract for the purchase thereof, has been stayed
724	as provided in this section, the court may, unless in its
725	opinion an undue hardship would result to the dependents of the
726	servicemember on active duty or state active duty, appoint three
727	disinterested parties to appraise the property and, based upon
728	the report of the appraisers, order such sum, if any, as may be
729	just, paid to the servicemember on active duty or state active
730	duty or his or her dependents, as the case may be, as a
731	condition of foreclosing the mortgage, resuming possession of
732	the property, or rescinding or terminating the contract.
733	(18)(a) The provisions of this section shall apply to any
734	lease covering premises occupied for dwelling, professional,
735	business, agricultural, or similar purposes in any case in which
736	such lease was executed by or on the behalf of a servicemember
737	who, after the execution of such lease, entered active duty or
738	state active duty as a servicemember, and the premises so leased
739	have been occupied for such purposes, or for a combination of
740	such purposes, by such servicemember or by the servicemember and
741	his or her dependents.
742	(b) Any such lease may be terminated by notice in writing
743	delivered to the lessor or to the lessor's agent by the lessee
744	at any time following the date of the beginning of his or her
745	period of active duty or state active duty. Delivery of such
746	notice may be accomplished by placing it in an envelope properly
747	stamped and duly addressed to the lessor or to the lessor's
748	agent and depositing the notice in the United States mail.
749	Termination of any such lease providing for monthly payment of
750	rent shall be pursuant to s. 83.682.
751	(c) Any person who knowingly seizes, holds, or detains, or
752	attempts to seize, hold, or detain, the personal effects,
753	clothing, furniture, or other property of any servicemember who
754	has lawfully terminated a lease covered by this section, or in
755	any manner interfere with the removal of such property from the
756	premises covered by such lease, for the purpose of subjecting or
757	attempting to subject any of such property to a claim for rent
758	accruing subsequent to the date of termination of such lease
759	commits a misdemeanor of the first degree, punishable as
760	provided in s. 775.082 or s. 775.083.
761	(19)(a) Where any life insurance policy on the life of a
762	servicemember on active duty or state active duty has been
763	assigned prior to such servicemember’s period of active duty or
764	state active duty to secure the payment of any obligation of
765	such servicemember, no assignee of such policy, except the
766	insurer in connection with a policy loan, shall, during the
767	period of active duty or state active duty of the insured or
768	within 1 year thereafter, except upon the consent in writing of
769	the insured made during such period or when the premiums thereon
770	are due and unpaid or upon the death of the insured, exercise
771	any right or option by virtue of such assignment unless upon
772	leave of court granted upon an application made therefor by such
773	assignee. The court may thereupon refuse to grant such leave
774	unless in the opinion of the court the ability of the
775	servicemember obligor to comply with the terms of the obligation
776	is not materially affected by reason of his or her active duty
777	or state active duty.
778	(b) No person shall exercise any right to foreclose or
779	enforce any lien for storage of household goods, furniture, or
780	personal effects of a servicemember during such servicemember’s
781	period of active duty or state active duty and for 3 months
782	thereafter except upon an order previously granted by a court
783	upon application therefor and a return thereto made and approved
784	by the court. In such proceeding the court may, after hearing,
785	in its discretion, on its own motion, and shall, on application
786	to the court by such servicemember on active duty or state
787	active duty or some person on his or her behalf, stay the
788	proceedings as provided in this section or make such other
789	disposition of the case as may be equitable to conserve the
790	interest of all parties unless in the opinion of the court the
791	ability of the servicemember defendant to pay the storage
792	charges due is not materially affected by reason of his or her
793	active duty or state active duty.
794	(c) Any person who knowingly takes or attempts to take any
795	action contrary to the provisions of this subsection shall be
796	fined as provided in Title 18 U.S.C. or serve a term of
797	imprisonment not to exceed 1 year, or both.
798	(d) This subsection shall not be construed in any way as
799	affecting or limiting the scope of subsection (17).
800	(20) Dependents of a servicemember on active duty or state
801	active duty shall be entitled to the benefits accorded to
802	servicemembers on active duty or state active duty under the
803	provisions of this section upon application to a court therefor,
804	unless in the opinion of the court the ability of such
805	dependents to comply with the terms of the obligation, contract,
806	lease, or bailment has not been materially impaired by reason of
807	the active duty or state active duty of the servicemember upon
808	whom the applicants are dependent.
809	(21)(a) The provisions of this section shall apply when
810	any taxes or assessments, whether general or special, whether
811	falling due prior to or during the period of active duty or
812	state active duty, in respect of personal property, money,
813	credits, or real property owned and occupied for dwelling,
814	professional, business, or agricultural purposes by a
815	servicemember on active duty or state active duty or his or her
816	dependents at the commencement of his or her period of active
817	duty or state active duty and still so occupied by his or her
818	dependents or employees are not paid.
819	(b) No sale of such property shall be made to enforce the
820	collection of such taxes or assessments, or any proceeding or
821	action for such purpose commenced, except upon leave of the
822	court granted upon application made therefor by the collector of
823	taxes or other officer whose duty it is to enforce the
824	collection of taxes or assessments. The court thereupon, unless
825	in its opinion the ability of the servicemember on active duty
826	or state active duty to pay such taxes or assessments is not
827	materially affected by reason of such service, may stay such
828	proceedings or such sale, as provided in this section, for a
829	period extending not more than 6 months after the termination of
830	the period of active duty or state active duty of such person.
831	(c) When by law such property may be sold or forfeited to
832	enforce the collection of such taxes or assessments, such
833	servicemember on active duty or state active duty shall have the
834	right to redeem or commence an action to redeem such property at
835	any time not later than 6 months after the later of the
836	termination of his or her active duty or state active duty or
837	the effective date of this section. This paragraph shall not be
838	construed to shorten any period now or hereafter provided by
839	law.
840	(d) Whenever any tax or assessment is not paid when due,
841	such tax or assessment due and unpaid shall bear interest until
842	paid at the rate of 6 percent per annum, and no other penalty or
843	interest shall be incurred by reason of such nonpayment. Any
844	lien for such unpaid taxes or assessments shall also include
845	such interest thereon.
846	(22)(a) For the purposes of taxation in respect of any
847	servicemember, or of his or her personal property, by the state
848	or any political subdivision of the state, such servicemember
849	shall not be deemed to have lost a residence or domicile in the
850	state solely by reason of being absent in compliance with active
851	duty orders, or to have acquired a residence or domicile in, or
852	to have become a resident in or a resident of, any other state
853	while, and solely by reason of being, so absent.
854	(23) Where in any proceeding to enforce a civil right in
855	any court it is made to appear to the satisfaction of the court
856	that any interest, property, or contract has, after the
857	effective date of this act, been transferred or acquired with
858	intent to delay the just enforcement of such right by taking
859	advantage of this section, the court shall enter such judgment
860	or make such order as might lawfully be entered or made, the
861	provisions of this section to the contrary notwithstanding.
862	(24) If any provision of this section, or the application
863	thereof to any person or circumstances, is held invalid, the
864	remainder of this section, and the application of such provision
865	to other persons or circumstances, shall not be affected
866	thereby.
867	(25)(a) A servicemember may, at any time during his or her
868	period of active duty or state active duty or within 6 months
869	thereafter, apply to a court for relief in respect of any
870	obligation or liability incurred by such servicemember prior to
871	his or her period of active duty or state active duty or in
872	respect of any tax or assessment whether falling due prior to or
873	during his or her period of active duty or state active duty.
874	The court, after appropriate notice and hearing, unless in its
875	opinion the ability of the applicant to comply with the terms of
876	such obligation or liability or to pay such tax or assessment
877	has not been materially affected by reason of his or her active
878	duty or state active duty, may grant the following relief:
879	1. In the case of an obligation payable under its terms in
880	installments under a contract for the purchase of real estate,
881	or secured by a mortgage or other instrument in the nature of a
882	mortgage upon real estate, a stay of the enforcement of such
883	obligation during the applicant's period of active duty or state
884	active duty and, from the date of termination of such period of
885	active duty or state active duty or from the date of application
886	if made after such service, for a period equal to the period of
887	the remaining life of the installment contract or other
888	instrument plus a period of time equal to the period of active
889	duty or state active duty of the applicant or any part of such
890	combined period, subject to payment of the balance of principal
891	and accumulated interest due and unpaid at the date of
892	termination of the period of active duty or state active duty or
893	from the date of application, as the case may be, in equal
894	installments during such combined period at such rate of
895	interest on the unpaid balance as is prescribed in such
896	contract, or other instrument evidencing the obligation, for
897	installments paid when due, and subject to such other terms as
898	may be just.
899	2. In the case of any other obligation, liability, tax, or
900	assessment, a stay of the enforcement thereof during the
901	applicant's period of active duty or state active duty and, from
902	the date of termination of such period of active duty or state
903	active duty or from the date of application if made after such
904	service, for a period of time equal to the period of active duty
905	or state active duty of the applicant or any part of such
906	period, subject to payment of the balance of principal and
907	accumulated interest due and unpaid at the date of termination
908	of such period of active duty or state active duty or the date
909	of application, as the case may be, in equal periodic
910	installments during such extended period at such rate of
911	interest as may be prescribed for such obligation, liability,
912	tax, or assessment, if paid when due, and subject to such other
913	terms as may be just.
914	(b) When any court has granted a stay as provided in this
915	section, no fine or penalty shall accrue during the period the
916	terms and conditions of such stay are complied with by reason of
917	failure to comply with the terms or conditions of the
918	obligation, liability, tax, or assessment in respect of which
919	such stay was granted.
920	(26)(a) Notwithstanding any other provision of law, a
921	power of attorney which was duly executed by a servicemember on
922	active duty or state active duty who is in a missing status as
923	defined in Title 37 U.S.C. s. 551(2) that designates that
924	servicemember’s spouse, parent, or other named relative as his
925	or her attorney in fact for certain specified, or all, purposes
926	and expires by its terms after that servicemember entered a
927	missing status, before or after the effective date of this
928	section, shall be automatically extended for the period that the
929	servicemember is in a missing status.
930	(b) No power of attorney executed after the effective date
931	of this section by a servicemember on active duty or state
932	active duty may be extended under paragraph (a) if the document
933	by its terms clearly indicates that the power granted expires on
934	the date specified even though that person, after the date of
935	execution of the document, enters a missing status.
936	(c) This section applies to the powers of attorney
937	executed by a servicemember on active duty or state active duty
938	or under a call or order to report for active duty or state
939	active duty.
940	(27)(a) This subsection applies to a servicemember who,
941	after the effective date of this act, is ordered to active duty
942	or state active duty, other than for training, and immediately
943	before receiving the order to active duty or state active duty
944	was engaged in the furnishing of health care services or other
945	services determined to be professional services, and had in
946	effect a professional liability insurance policy that does not
947	continue to cover claims filed with respect to such
948	servicemember during the period of the servicemember’s active
949	duty or state active duty, unless the premiums are paid for such
950	coverage for such period.
951	(b) Coverage of a servicemember referred to in paragraph
952	(a) by a professional liability insurance policy shall be
953	suspended in accordance with this subsection upon receipt of the
954	written request of such servicemember by the insurance carrier.
955	(c) A professional liability insurance carrier may not
956	require that premiums be paid by or on behalf of a servicemember
957	for any professional liability insurance coverage suspended
958	pursuant to paragraph (a) and shall refund any amount paid for
959	coverage for the period of such suspension or, upon the election
960	of such person, shall apply such amount for the payment of any
961	premium becoming due upon the reinstatement of such coverage.
962	(d) A professional liability insurance carrier shall not
963	be liable with respect to any claim that is based on
964	professional conduct, including any failure to take any action
965	in a professional capacity, of a servicemember that occurs
966	during a period of suspension of that servicemember’s
967	professional liability insurance under this subsection. For the
968	purposes of this paragraph, a claim based upon the failure of a
969	professional to make adequate provision for patients to be cared
970	for during the period of the professional's active duty or state
971	active duty shall be considered to be based on an action or
972	failure to take action before the beginning of the period of
973	suspension of professional liability insurance under this
974	subsection, except in a case in which professional services were
975	provided after the date of the beginning of such period.
976	(e) Professional liability insurance coverage suspended in
977	the case of any servicemember pursuant to paragraph (b) shall be
978	reinstated by the insurance carrier on the date on which that
979	servicemember transmits to the insurance carrier a written
980	request for reinstatement. The request of a servicemember for
981	reinstatement shall be effective only if the servicemember
982	transmits the request to the insurance carrier within 30 days
983	after the date on which the servicemember is released from
984	active duty or state active duty. The insurance carrier shall
985	notify the servicemember of the due date for payment of the
986	premium of such insurance. Such premium shall be paid by the
987	servicemember within 30 days after the receipt of the notice.
988	The period for which professional liability insurance coverage
989	shall be reinstated for a servicemember under this subsection
990	may not be less than the balance of the period for which
991	coverage would have continued under the insurance policy if the
992	coverage had not been suspended.
993	(f) An insurance carrier may not increase the amount of
994	the premium charged for professional liability insurance
995	coverage of any servicemember for the minimum period of the
996	reinstatement of such coverage required under paragraph (e) to
997	an amount greater than the amount chargeable for such coverage
998	for such period before the suspension, except to the extent of
999	any general increase in the premium amounts charged by that
1000	carrier for the same professional liability insurance coverage
1001	for persons similarly covered by such insurance during the
1002	period of the suspension.
1003	(g) This subsection does not require a suspension of
1004	professional liability insurance coverage for any servicemember
1005	who is not a servicemember referred to in paragraph (a) and who
1006	is covered by the same professional liability insurance as a
1007	servicemember referred to in this subsection or relieve any
1008	servicemember of the obligation to pay premiums for the coverage
1009	not required to be suspended.
1010	(h) A civil or administrative action for damages on the
1011	basis of the alleged professional negligence or other
1012	professional liability of a servicemember whose professional
1013	liability insurance coverage has been suspended under paragraph
1014	(b) shall be stayed until the end of the period of the
1015	suspension if the action was commenced during that period, the
1016	action is based on an act or omission that occurred before the
1017	date on which the suspension became effective, and the suspended
1018	professional liability insurance would, except for the
1019	suspension, on its face, cover the alleged professional
1020	negligence or other professional liability negligence or other
1021	professional liability of the person.
1022	(i) Whenever a civil or administrative action for damages
1023	is stayed under paragraph (a) in the case of any person, the
1024	action shall be deemed to have been filed on the date on which
1025	the professional liability insurance coverage of such
1026	servicemember is reinstated under paragraph (e).
1027	(j) In the case of a civil or administrative action for
1028	which a stay could have been granted under paragraph (f) by
1029	reason of the suspension of professional liability insurance
1030	coverage of the servicemember under this subsection, the period
1031	of the suspension of the professional liability insurance
1032	coverage shall be excluded from the computation of any statutory
1033	period of limitation on the commencement of such action.
1034	(k) If a servicemember whose professional liability
1035	insurance coverage is suspended under paragraph (b) dies during
1036	the period of the suspension, the requirement for the grant or
1037	continuance of a stay in any civil or administrative action
1038	against such servicemember under subsection (h) shall terminate
1039	on the date of the death of such servicemember and the carrier
1040	of the professional liability insurance so suspended shall be
1041	liable for any claim for damages for professional negligence or
1042	other professional liability of the deceased servicemember in
1043	the same manner and to the same extent as such carrier would be
1044	liable if the servicemember had died while covered by such
1045	insurance but before the claim was filed.
1046	(l) As used in this subsection, the term:
1047	1. "Profession" includes occupation.
1048	2. "Professional" includes occupational.
1049	(28)(a) A servicemember who, by reason of active duty or
1050	state active duty, is entitled to the rights and benefits of
1051	this section shall also be entitled upon release from such
1052	active duty or state active duty to reinstatement of any health
1053	insurance which was in effect on the day before such service
1054	commenced and was terminated effective on a date during the
1055	period of such service.
1056	(b) An exclusion or a waiting period may not be imposed in
1057	connection with reinstatement of health insurance coverage of a
1058	health or physical condition of a servicemember under paragraph
1059	(a), or a health or physical condition of any other
1060	servicemember who is covered by the insurance by reason of the
1061	coverage of such servicemember, if the condition arose before or
1062	during that servicemember's period of active duty or state
1063	active duty, an exclusion or waiting period would not have been
1064	imposed for the condition during a period of coverage resulting
1065	from participation by such servicemember in the insurance, and
1066	the condition of such servicemember has not been determined by
1067	the United States Department of Veterans' Affairs or the
1068	Department of Military Affairs to be a disability incurred or
1069	aggravated in the line of duty.
1070	(c) Paragraph (a) does not apply in the case of insurance
1071	benefits offered by an employer in which a servicemember
1072	referred to in this subsection is entitled to participate
1073	pursuant to the provisions of the Uniformed Services Employment
1074	and Reemployment Rights Act, chapter 43 of Title 38 U.S.C., as
1075	amended.
1076	250.87 Employment and reemployment rights of
1077	servicemembers.--All servicemembers employed in the state who
1078	are also servicemembers, officers, or enlisted personnel in the
1079	National Guard or a reserve component of the Armed Forces of the
1080	United States shall, subject to the provisions and conditions
1081	set forth in subsections (1), (2), and (3), be granted leave of
1082	absence from their respective offices and duties to perform
1083	active duty or state active duty.
1084	(1) Any servicemember whose absence from a position of
1085	employment is necessitated by reason of active duty or state
1086	active duty shall be entitled to the reemployment rights and
1087	benefits and other employment benefits as provided in the
1088	Uniformed Services Employment and Reemployment Rights Act,
1089	chapter 43 of Title 38 U.S.C., as amended.
1090	(2) Both the servicemember and employer shall adhere to
1091	all the provisions contained in the Uniformed Services
1092	Employment and Reemployment Rights Act, chapter 43 of Title 38
1093	U.S.C., as amended.
1094	(3) In addition to the enforcement and remedy provisions
1095	available under the Uniformed Services Employment and
1096	Reemployment Rights Act, chapter 43 of Title 38 U.S.C., as
1097	amended, in federal court, a servicemember shall also have a
1098	right to enforce his or her employment and reemployment rights
1099	recognized under this section in a civil cause of action in
1100	state court or through binding arbitration, at the election of
1101	the servicemember.
1102	Section 2. Subsections (14), (15), and (16) are added to
1103	section 83.43, Florida Statutes, to read:
1104	83.43 Definitions.--As used in this part, the following
1105	words and terms shall have the following meanings unless some
1106	other meaning is plainly indicated:
1107	(14) "Servicemember" shall have the same meaning as
1108	provided in s. 250.82.
1109	(15) "Active duty" shall have the same meaning as provided
1110	in s. 250.82.
1111	(16) “State active duty” shall have the same meaning as
1112	provided in s. 250.82.
1113	Section 3. Subsection (1) of section 83.64, Florida
1114	Statutes, is amended to read:
1115	83.64 Retaliatory conduct.--
1116	(1) It is unlawful for a landlord to discriminatorily
1117	increase a tenant's rent or decrease services to a tenant, or to
1118	bring or threaten to bring an action for possession or other
1119	civil action, primarily because the landlord is retaliating
1120	against the tenant. In order for the tenant to raise the defense
1121	of retaliatory conduct, the tenant must have acted in good
1122	faith. Examples of conduct for which the landlord may not
1123	retaliate include, but are not limited to, situations where:
1124	(a) The tenant has complained to a governmental agency
1125	charged with responsibility for enforcement of a building,
1126	housing, or health code of a suspected violation applicable to
1127	the premises;
1128	(b) The tenant has organized, encouraged, or participated
1129	in a tenants' organization; or
1130	(c) The tenant has complained to the landlord pursuant to
1131	s. 83.56(1); or.
1132	(d) The tenant is a servicemember who has terminated a
1133	rental agreement pursuant to s. 83.682.
1134	Section 4. Section 83.67, Florida Statutes, is amended to
1135	read:
1136	83.67 Prohibited practices.--
1137	(1) No landlord of any dwelling unit governed by this part
1138	shall cause, directly or indirectly, the termination or
1139	interruption of any utility service furnished the tenant,
1140	including, but not limited to, water, heat, light, electricity,
1141	gas, elevator, garbage collection, or refrigeration, whether or
1142	not the utility service is under the control of, or payment is
1143	made by, the landlord.
1144	(2) No landlord of any dwelling unit governed by this part
1145	shall prevent the tenant from gaining reasonable access to the
1146	dwelling unit by any means, including, but not limited to,
1147	changing the locks or using any bootlock or similar device.
1148	(3) No landlord of any dwelling unit governed by this part
1149	shall discriminate against a servicemember in offering a
1150	dwelling unit for rent or in any of the terms of the rental
1151	agreement.
1152	(4)(3)No landlord of any dwelling unit governed by this
1153	part shall remove the outside doors, locks, roof, walls, or
1154	windows of the unit except for purposes of maintenance, repair,
1155	or replacement; nor shall the landlord remove the tenant's
1156	personal property from the dwelling unit unless said action is
1157	taken after surrender, abandonment, or a lawful eviction. If
1158	provided in the rental agreement or a written agreement separate
1159	from the rental agreement, upon surrender or abandonment by the
1160	tenant, the landlord is not required to comply with s. 715.104
1161	and is not liable or responsible for storage or disposition of
1162	the tenant's personal property; if provided in the rental
1163	agreement there must be printed or clearly stamped on such
1164	rental agreement a legend in substantially the following form:
1165
1166	BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON
1167	SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA
1168	STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR
1169	STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
1170
1171	For the purposes of this section, abandonment shall be as set
1172	forth in s. 83.59(3)(c).
1173	(5)(4)A landlord who violates the provisions of this
1174	section shall be liable to the tenant for actual and
1175	consequential damages or 3 months' rent, whichever is greater,
1176	and costs, including attorney's fees. Subsequent or repeated
1177	violations which are not contemporaneous with the initial
1178	violation shall be subject to separate awards of damages.
1179	(6)(5)A violation of this section shall constitute
1180	irreparable harm for the purposes of injunctive relief.
1181	(7)(6)The remedies provided by this section are not
1182	exclusive and shall not preclude the tenant from pursuing any
1183	other remedy at law or equity which the tenant may have. The
1184	remedies provided by this section shall also apply to a
1185	servicemember who is a prospective tenant who has been
1186	discriminated against under subsection (3).
1187	Section 5. Section 83.682, Florida Statutes, is amended to
1188	read:
1189	83.682 Termination of rental agreement by a servicemember
1190	member of the United States Armed Forces.--
1191	(1)(a) Any servicemembermember of the United States Armed
1192	Forces who is required to move pursuant to permanent change of
1193	station orders to depart 35 miles or more from the location of a
1194	rental premises or who is prematurely or involuntarily
1195	discharged or released from active duty with the United States
1196	Armed Forcesmay terminate his or her rental agreement by
1197	providing the landlord with a written notice of termination to
1198	be effective on the date stated in the notice that is at least
1199	30 days after the landlord's receipt of the notice if any of the
1200	following criteria are met:.
1201	(a) The servicemember is required, pursuant to a permanent
1202	change of station orders, to move 35 miles or more from the
1203	location of the rental premises;
1204	(b) The servicemember is prematurely or involuntarily
1205	discharged or released from active duty or state active duty;
1206	(c) The servicemember is released from active duty or
1207	state active duty after having leased the rental premises while
1208	on active duty or state active duty status and the rental
1209	premises is 35 miles or more from the servicemember’s home of
1210	record prior to entering active duty or state active duty;
1211	(d) The servicemember receives military orders requiring
1212	him or her to move into government quarters or, after entering
1213	into a rental agreement, the servicemember becomes eligible to
1214	live in government quarters;
1215	(e) The servicemember receives temporary duty orders,
1216	temporary change of station orders, or state active duty orders
1217	to an area 35 miles or more from the location of the rental
1218	premises, provided such orders are for a period exceeding 60
1219	days; or
1220	(f) The servicemember has leased the property, but prior
1221	to taking possession of the rental premises, receives a change
1222	of orders to an area that is 35 miles or more from the location
1223	of the rental premises.
1224	(2)The notice to the landlord must be accompanied by
1225	either a copy of the official military orders or a written
1226	verification signed by the servicemember'smember'scommanding
1227	officer.
1228	(3)(b) In the event a servicemembermember of the United
1229	States Armed Forcesdies during active duty, an adult member of
1230	his or her immediate family may terminate the servicemember's
1231	member'srental agreement by providing the landlord with a
1232	written notice of termination to be effective on the date stated
1233	in the notice that is at least 30 days after the landlord's
1234	receipt of the notice. The notice to the landlord must be
1235	accompanied by either a copy of the official military orders
1236	showing the servicemember was on active dutyor a written
1237	verification signed by the servicemember'smember'sCommanding
1238	Officer and a copy of the servicemember’s death certificate.
1239	(4)(2)Upon termination of a rental agreement under this
1240	section, the tenant is liable for the rent due under the rental
1241	agreement prorated to the effective date of the termination
1242	payable at such time as would have otherwise been required by
1243	the terms of the rental agreement. The tenant is not liable for
1244	any other rent or damages due to the early termination of the
1245	tenancy as provided for in this sectionexcept the liquidated
1246	damages provided in this section. Notwithstanding any provision
1247	of this section to the contrary,if a tenant terminates the
1248	rental agreement pursuant to this section 14 or more days prior
1249	to occupancy, no damages or penalties of any kind will be
1250	assessableare due.
1251	(3) In consideration of early termination of the rental
1252	agreement, the tenant is liable to the landlord for liquidated
1253	damages provided the tenant has completed less than 9 months of
1254	the tenancy and the landlord has suffered actual damages due to
1255	loss of the tenancy. The liquidated damages must be no greater
1256	than 1 month's rent if the tenant has completed less than 6
1257	months of the tenancy as of the effective date of termination,
1258	or one-half of 1 month's rent if the tenant has completed at
1259	least 6 but not less than 9 months of the tenancy as of the
1260	effective date of termination.
1261	(5)(4)The provisions of this section may not be waived or
1262	modified by the agreement of the parties under any
1263	circumstances.
1264	Section 6. Section 115.02, Florida Statutes, is amended to
1265	read:
1266	115.02 Governor to grant application; proviso.--When any
1267	such officer shall be granted a leave of absence pursuant to
1268	this chaptervolunteer or be called into the service of the
1269	United States during war, the Governor shall, upon application
1270	being made by such officer, grant such officer leave of absence
1271	during the time he or she shall be retained in such military
1272	service; provided, such service shall not extend beyond the term
1273	of office of such officer, in which event the office shall be
1274	filled by election at the expiration thereof.
1275	Section 7. Section 115.08, Florida Statutes, is amended to
1276	read:
1277	115.08 Definitions.--
1278	(1) The term "active military service" as used in this
1279	chapterlawshall signify active duty in the Florida defense
1280	force or federal service in training or on active duty with any
1281	branch of the Armed Forces or Reservists of the Armed Forces,
1282	the Florida National GuardArmy of the United States, the United
1283	States Navy, the Marine Corps of the United States, the Coast
1284	Guard of the United States, and service of all officers of the
1285	United States Public Health Service detailed by proper authority
1286	for duty with the Armed Forceseither with the army or the navy,
1287	and shall include the period during which a person in military
1288	service is absent from duty on account of sickness, wounds,
1289	leave, or other lawful cause.
1290	(2) The term "period of active military service" as used
1291	in this chapterlawshall begin with the date of entering upon
1292	active military service, and shall terminate with death or a
1293	date 30 days immediately next succeeding the date of release or
1294	discharge from active military service, or upon return from
1295	active military service, whichever shall occur first.
1296	(3) The term “servicemember” as used in this chapter shall
1297	have the same meaning as provided in s. 250.82.
1298	Section 8. Section 115.09, Florida Statutes, is amended to
1299	read:
1300	115.09 Leave to public officials for military
1301	service.--All officials of the state, the several counties of
1302	the state, and the municipalities or political subdivisions of
1303	the state, including district school and community college
1304	officers, which officials are also servicemembersofficers or
1305	enlisted personnelin the National Guard or a reserve component
1306	of the Armed Forces of the United States, shallmay, subject to
1307	the provisions and conditions hereafter set forth,be granted
1308	leave of absence from their respective offices and duties to
1309	perform active military service, the first 30 days of any such
1310	leave of absence to be with full pay.
1311	Section 9. Section 115.10, Florida Statutes, is repealed.
1312	Section 10. Section 115.12, Florida Statutes, is amended
1313	to read:
1314	115.12 Rights during leave.--
1315	(1)During such leave of absence such official shall be
1316	entitled to preserve all seniority rights, efficiency ratings,
1317	promotional status and retirement privileges. The period of
1318	active military service shall, for purposes of computation to
1319	determine whether such person may be entitled to retirement
1320	under the laws of the state, be deemed continuous service in the
1321	office of said official. While absent on such leave without pay,
1322	said official shall not be required to make any contribution to
1323	any retirement fund.
1324	(2) The employing authority shall adhere to all the
1325	provisions contained in the Uniformed Services Employment and
1326	Reemployment Rights Act, chapter 43 of Title 38 U.S.C., as
1327	amended.
1328	Section 11. Section 115.13, Florida Statutes, is amended
1329	to read:
1330	115.13 Resumption of official duties.--Upon said officer
1331	terminating his or her active military service, he or she shall
1332	immediatelyenter upon the duties of office for the unexpired
1333	portion of the term for which he or she was elected or
1334	appointed, in accordance with the limits provided under the
1335	Uniformed Services Employment and Reemployment Rights Act,
1336	chapter 43 of Title 38 U.S.C., as amended.
1337	Section 12. Section 115.14, Florida Statutes, is amended
1338	to read:
1339	115.14 Employees.--All employees of the state, the several
1340	counties of the state, and the municipalities or political
1341	subdivisions of the state shallmay, in the discretion of the
1342	employing authority of such employee,be granted leave of
1343	absence under the terms of this law; upon such leave of absence
1344	being granted said employee shall enjoy the same rights and
1345	privileges as are hereby granted to officials under this law,
1346	insofar as may be, including, without limitation, receiving full
1347	pay for the first 30 days. Notwithstanding the provisions of s.
1348	115.09, the employing authority may supplement the military pay
1349	of its officials and employees who are reservists called to
1350	active military service after the first 30 daysfor the first 30
1351	days with full pay and, thereafter,in an amount necessary to
1352	bring their total salary, inclusive of their base military pay,
1353	to the level earned at the time they were called to active
1354	military duty. The employing authority shallmay also, in its
1355	discretion, continue to provide allanyhealth insurance and
1356	other existing benefits to such officials and employees as
1357	required by the Uniformed Services Employment and Reemployment
1358	Rights Act, chapter 43 of Title 38 U.S.C., as amended.
1359	Section 13. Section 115.15, Florida Statutes, is amended
1360	to read:
1361	115.15 Adoption of federal law for employees.--The
1362	provisions of the Uniformed Services Employment and Reemployment
1363	Rights Act, chapter 43 of Title 38 U.S.C., as amendedsection 8
1364	of chapter 720 Acts of Congress of the United States, approved
1365	September 16, 1940 (Title 50 App. Section 308, U.S.C.A.),
1366	insofar as it relates to the reemployment of public employees
1367	granted a leave of absence on active military duty under this
1368	law, shall be applicable in this state and the refusal of any
1369	state, county, or municipal official to comply therewith shall
1370	subject him or her to removal from office.
1371	Section 14. Paragraph (e) is added to subsection (3) of
1372	section 320.07, Florida Statutes, present subsection (5) is
1373	renumbered as subsection (6) and amended, and a new subsection
1374	(5) is added to said section, to read:
1375	320.07 Expiration of registration; annual renewal
1376	required; penalties.--
1377	(3) The operation of any motor vehicle without having
1378	attached thereto a registration license plate and validation
1379	stickers, or the use of any mobile home without having attached
1380	thereto a mobile home sticker, for the current registration
1381	period shall subject the owner thereof, if he or she is present,
1382	or, if the owner is not present, the operator thereof to the
1383	following penalty provisions:
1384	(e) Any servicemember, as defined in s. 250.82, whose
1385	mobile home registration has expired while serving on active
1386	duty or state active duty shall not be charged with a violation
1387	of this subsection if, at the time of the offense, the
1388	servicemember was serving on active duty or state active duty
1389	35 miles or more from the mobile home. The servicemember must
1390	present to the department either a copy of the official military
1391	orders or a written verification signed by the servicemember's
1392	commanding officer to waive charges.
1393	(5) Any servicemember, as defined in s. 250.82, whose
1394	motor vehicle or mobile home registration has expired while
1395	serving on active duty or state active duty, shall be able to
1396	renew his or her registration upon return from active duty or
1397	state active duty without penalty, if the servicemember served
1398	on active duty or state active duty 35 miles or more from the
1399	servicemember’s home of record prior to entering active duty or
1400	state active duty. The servicemember must provide to the
1401	department either a copy of the official military orders or a
1402	written verification signed by the servicemember's commanding
1403	officer to waive delinquent fees.
1404	(6)(5)Delinquent fees imposed under this section shall
1405	not be apportionable under the International Registration Plan.
1406	Section 15. Section 364.195, Florida Statutes, is created
1407	to read:
1408	364.195 Termination of telecommunications service contract
1409	by a servicemember.--
1410	(1) Any servicemember, as defined in s. 250.82, may
1411	terminate his or her telecommunications service contract by
1412	providing the telecommunications company with a written notice
1413	of termination, effective on the date specified in the notice,
1414	which date shall be at least 30 days after receipt of the notice
1415	by the telecommunications company, if any of the following
1416	criteria are met:
1417	(a) The servicemember is required, pursuant to a permanent
1418	change of station orders, to move outside the area served by the
1419	telecommunications company or to an area where the type of
1420	telecommunications service being provided to the servicemember
1421	is not available from the telecommunications company;
1422	(b) The servicemember is discharged or released from
1423	active duty or state active duty and will return from such duty
1424	to an area not served by the telecommunications company or where
1425	the type of telecommunications service contracted for is not
1426	available from the telecommunications company;
1427	(c) The servicemember is released from active duty or
1428	state active duty after having entered into a contract for
1429	telecommunications service while on active duty or state active
1430	duty status and the telecommunications company does not provide
1431	telecommunications service or the same type of
1432	telecommunications service contracted for in the region of the
1433	servicemember’s home of record prior to entering active duty or
1434	state active duty;
1435	(d) The servicemember receives military orders requiring
1436	him or her to move outside the continental United States; or
1437	(e) The servicemember receives temporary duty orders,
1438	temporary change of station orders, or active duty or state
1439	active duty orders to an area not served by the
1440	telecommunications company or where the type of
1441	telecommunications service contracted for is not available from
1442	the telecommunications company, provided such orders are for a
1443	period exceeding 60 days.
1444	(2) The written notice to the telecommunications company
1445	must be accompanied by either a copy of the official military
1446	orders or a written verification signed by the servicemember's
1447	commanding officer.
1448	(3) Upon termination of a contract under this section, the
1449	servicemember is liable for the amount due under the contract
1450	prorated to the effective date of the termination payable at
1451	such time as would have otherwise been required by the terms of
1452	the contract. The servicemember is not liable for any other fees
1453	due to the early termination of the contract as provided for in
1454	this section.
1455	(4) The provisions of this section may not be waived or
1456	modified by the agreement of the parties under any
1457	circumstances.
1458	Section 16. Section 520.14, Florida Statutes, is created
1459	to read:
1460	520.14 Termination of retail installment contract for
1461	leasing a motor vehicle by a servicemember.--
1462	(1) Any servicemember, as defined in s. 250.82, may
1463	terminate his or her retail installment contract for leasing a
1464	motor vehicle by providing the sales finance company with a
1465	written notice of termination, effective on the date specified
1466	in the notice, which date shall be at least 30 days after the
1467	receipt of the notice by the sales finance company, if any of
1468	the following criteria are met:
1469	(a) The servicemember is required, pursuant to a permanent
1470	change of station, to move outside the continental United
1471	States; or
1472	(b) The servicemember receives temporary duty orders,
1473	temporary change of station orders, or active duty orders
1474	outside the continental United States, provided such orders are
1475	for a period exceeding 60 days.
1476	(2) The written notice to the sales finance company under
1477	subsection (1) must be accompanied by either a copy of the
1478	official military orders or a written verification signed by the
1479	servicemember's commanding officer.
1480	(3) Upon termination of a contract under this section, the
1481	lessee is liable for the amount due under the contract, prorated
1482	to the effective date of the termination, payable at such time
1483	as would have otherwise been required by the terms of the
1484	contract. The lessee is not liable for any other fees due to the
1485	early termination of the contract as provided for in this
1486	section.
1487	(4) The provisions of this section may not be waived or
1488	modified by the agreement of the parties under any
1489	circumstances.
1490	Section 17. Subsection (5) is added to section 627.7283,
1491	Florida Statutes, to read:
1492	627.7283 Cancellation; return of premium.—
1493	(5) The insurer must refund 100 percent of the unearned
1494	premium if the insured is a servicemember, as defined in s.
1495	250.82, who cancels because he or she is required to move,
1496	pursuant to a permanent change of station, temporary duty orders
1497	exceeding 60 days, temporary change of station orders exceeding
1498	60 days, or active duty orders, to a location where the
1499	insurance is not required. The insurer may require a
1500	servicemember to submit either a copy of the official military
1501	orders or a written verification signed by the servicemember's
1502	commanding officer to support the refund authorized under this
1503	subsection. If the insurer cancels, the insurer must refund 100
1504	percent of the unearned premium. Cancellation is without
1505	prejudice to any claim originating prior to the effective date
1506	of the cancellation. For purposes of this section, unearned
1507	premiums must be computed on a pro rata basis.
1508	Section 18. Section 689.27, Florida Statutes, is created
1509	to read:
1510	689.27 Termination of agreement to purchase real property
1511	by a servicemember.--
1512	(1) Notwithstanding any other provisions of law and for
1513	the purposes of this section:
1514	(a) “Closing” means the finalizing of the sale of
1515	property, upon which title to the property is transferred from
1516	the seller to the buyer.
1517	(b) “Contract” means an instrument purporting to contain
1518	an agreement to purchase real property.
1519	(c) “Property” means a house, condominium, or mobile home
1520	that a servicemember intends to purchase to serve as his or her
1521	primary residence.
1522	(d) “Servicemember” shall have the same meaning as
1523	provided in s. 250.82.
1524	(2) Any servicemember may terminate a contract to purchase
1525	property, prior to closing on such property, by providing the
1526	seller or mortgagor of the property with a written notice of
1527	termination to be effective immediately, if any of the following
1528	criteria are met:
1529	(a) The servicemember is required, pursuant to permanent
1530	change of station orders received after entering into a contract
1531	for the property and prior to closing, to move 35 miles or more
1532	from the location of the property;
1533	(b) The servicemember is released from active duty or
1534	state active duty after having agreed to purchase the property
1535	and prior to closing while serving on active duty or state
1536	active duty status, and the property is 35 miles or more from
1537	the servicemember’s home of record prior to entering active duty
1538	or state active duty;
1539	(c) The servicemember receives military orders requiring
1540	him or her to move into government quarters or, after
1541	contracting to purchase property, but prior to closing, the
1542	servicemember becomes eligible to live in government quarters;
1543	(d) Prior to closing, the servicemember receives temporary
1544	duty orders, temporary change of station orders, or active duty
1545	or state active duty orders to an area 35 miles or more from
1546	the location of the property, provided such orders are for a
1547	period exceeding 90 days; or
1548	(e) The servicemember has entered into an agreement to
1549	purchase the property but, prior to closing on the property,
1550	receives a change of orders to an area 35 miles or more from the
1551	location of the property.
1552	(3) The notice to the seller or mortgagor canceling the
1553	contract must be accompanied by either a copy of the official
1554	military orders or a written verification signed by the
1555	servicemember's commanding officer.
1556	(4) Upon termination of a contract under this section, the
1557	seller or mortgagor or his or her agent shall refund any funds
1558	provided by the servicemember under the contract within 7 days.
1559	The servicemember is not liable for any other fees due to the
1560	termination of the contract as provided for in this section.
1561	(5) The provisions of this section may not be waived or
1562	modified by the agreement of the parties under any
1563	circumstances.
1564	Section 19. Subsection (2) of section 1009.531, Florida
1565	Statutes, is amended to read:
1566	1009.531 Florida Bright Futures Scholarship Program;
1567	student eligibility requirements for initial awards.—
1568	(2) A student is eligible to accept an initial award for 3
1569	years following high school graduation and to accept a renewal
1570	award for 7 years following high school graduation. A student
1571	who applies for an award by high school graduation and who meets
1572	all other eligibility requirements, but who does not accept his
1573	or her award, may reapply during subsequent application periods
1574	up to 3 years after high school graduation. For a student who
1575	enlists in the United States Armed Forces immediately after
1576	completion of high school, the 3-year eligibility period for his
1577	or her initial award shall begin on the date of separation from
1578	active duty or state active duty. For a student who is receiving
1579	a Florida Bright Futures Scholarship and discontinues his or her
1580	education to enlist in the United States Armed Forces, the
1581	remainder of his or her 7-year renewal period shall commence on
1582	the date of separation from active duty.
1583	Section 20. Subsection (1) of section 1009.532, Florida
1584	Statutes, is amended to read:
1585	1009.532 Florida Bright Futures Scholarship Program;
1586	student eligibility requirements for renewal awards.--
1587	(1) To be eligible to renew a scholarship from any of the
1588	three types of scholarships under the Florida Bright Futures
1589	Scholarship Program, a student must:
1590	(a) Complete at least 12 semester credit hours or the
1591	equivalent in the last academic year in which the student earned
1592	a scholarship.
1593	(b) Maintain the cumulative grade point average required
1594	by the scholarship program, except that:
1595	1. If a recipient's grades fall beneath the average
1596	required to renew a Florida Academic Scholarship, but are
1597	sufficient to renew a Florida Medallion Scholarship or a Florida
1598	Gold Seal Vocational Scholarship, the Department of Education
1599	may grant a renewal from one of those other scholarship
1600	programs, if the student meets the renewal eligibility
1601	requirements; or
1602	2. If, at any time during the eligibility period, a
1603	student's grades are insufficient to renew the scholarship, the
1604	student may restore eligibility by improving the grade point
1605	average to the required level. A student is eligible for such a
1606	reinstatement only once. The Legislature encourages education
1607	institutions to assist students to calculate whether or not it
1608	is possible to raise the grade point average during the summer
1609	term. If the institution determines that it is possible, the
1610	education institution may so inform the department, which may
1611	reserve the student's award if funds are available. The renewal,
1612	however, must not be granted until the student achieves the
1613	required cumulative grade point average. If the summer term is
1614	not sufficient to raise the grade point average to the required
1615	renewal level, the student's next opportunity for renewal is the
1616	fall semester of the following academic year; or.
1617	3. If a student is receiving a Florida Bright Futures
1618	Scholarship, is a servicemember of the Florida National Guard or
1619	United States Reserves while attending a postsecondary
1620	institution, is called to active duty or state active duty, as
1621	defined in s. 250.82, prior to completing his or her degree, and
1622	meets all other requirements for the scholarship, the student
1623	shall be eligible to continue the scholarship for 2 years after
1624	completing active duty or state active duty.
1625	Section 21. This act shall take effect upon becoming a
1626	law.