HB 0477 2003
1	A bill to be entitled
2	An act relating to termination of rental agreements by
3	members of the United States Armed Forces; amending s.
4	83.682, F.S.; removing provisions requiring the payment of
5	liquidated damages to the landlord under certain
6	circumstances upon termination of a rental agreement;
7	providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Section 83.682, Florida Statutes, is amended to
12	read:
13	83.682 Termination of rental agreement by a member of the
14	United States Armed Forces.--
15	(1)(a) Any member of the United States Armed Forces who is
16	required to move pursuant to permanent change of station orders
17	to depart 35 miles or more from the location of a rental
18	premises or who is prematurely or involuntarily discharged or
19	released from active duty with the United States Armed Forces
20	may terminate his or her rental agreement by providing the
21	landlord with a written notice of termination to be effective on
22	the date stated in the notice that is at least 30 days after the
23	landlord's receipt of the notice. The notice to the landlord
24	must be accompanied by either a copy of the official military
25	orders or a written verification signed by the member's
26	commanding officer.
27	(b) In the event a member of the United States Armed
28	Forces dies during active duty, an adult member of his or her
29	immediate family may terminate the member's rental agreement by
30	providing the landlord with a written notice of termination to
31	be effective on the date stated in the notice that is at least
32	30 days after the landlord's receipt of the notice. The notice
33	to the landlord must be accompanied by either a copy of the
34	official military orders or a written verification signed by the
35	member's Commanding Officer.
36	(2) Upon termination of a rental agreement under this
37	section, the tenant is liable for the rent due under the rental
38	agreement prorated to the effective date of the termination
39	payable at such time as would have otherwise been required by
40	the terms of the rental agreement. The tenant is not liable for
41	any other rent or damages due to the early termination of the
42	tenancy except the liquidated damages provided in this section.
43	If a tenant terminates the rental agreement pursuant to this
44	section 14 or more days prior to occupancy, no damages or
45	penalties of any kind are due.
46	(3) In consideration of early termination of the rental
47	agreement, the tenant is liable to the landlord for liquidated
48	damages provided the tenant has completed less than 9 months of
49	the tenancy and the landlord has suffered actual damages due to
50	loss of the tenancy. The liquidated damages must be no greater
51	than 1 month's rent if the tenant has completed less than 6
52	months of the tenancy as of the effective date of termination,
53	or one-half of 1 month's rent if the tenant has completed at
54	least 6 but not less than 9 months of the tenancy as of the
55	effective date of termination.
56	(3)(4)The provisions of this section may not be waived or
57	modified by the agreement of the parties under any
58	circumstances.
59	Section 2. This act shall take effect upon becoming a law.