Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1530

228138

CHAMBER ACTION

Senate

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House



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The Committee on Judiciary (Fasano) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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Section 1.  Subsection (4) is added to section 83.53,

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Florida Statutes, to read:

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     83.53   Landlord's access to dwelling unit.--

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     (4) The landlord shall maintain a written record, subject

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to inspection by a tenant upon the tenant's request, that

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includes:

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     (a) The names of all employees of the landlord who have

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access to the dwelling unit.

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     (b) The dates and times that any employee of the landlord

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has entered the dwelling unit pursuant to this section.

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For the purposes of this subsection, the term "employee" means a

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person who receives compensation from, and is under the

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supervision and control of, a landlord who regularly deducts the

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F.I.C.A. and withholding tax and provides workers' compensation,

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all as prescribed by law.

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     Section 2.  Section 83.531, Florida Statutes, is created to

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read:

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     83.531 Criminal history check of landlord's employees;

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access to dwelling units; penalties.-

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     (1) For the purposes of this section, the term "employee"

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means a person who receives compensation from, and is under the

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supervision and control of, a landlord who regularly deducts the

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F.I.C.A. and withholding tax and provides workers' compensation,

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all as prescribed by law.

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     (2) A landlord shall obtain from the Department of Law

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Enforcement a statewide criminal history record check concerning

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any employee who has access to the interior portion of a

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dwelling unit that is under a rental agreement.

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     (3) A landlord shall not permit an employee of the

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landlord who has been convicted of, or pled guilty or nolo

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contendere to, regardless of adjudication, any felony offense in

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this state to have access to the interior portion of a dwelling

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unit that is under a rental agreement unless:

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     (a) The tenant has consented in writing to such access; or

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     (b) The landlord supervises the employee during such

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access.

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     (4) Any landlord who violates this section commits a

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misdemeanor of the second degree, punishable as provided in s.

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775.082 or s. 775.083.

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     Section 3. This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to access to dwelling units; amending s.

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83.53, F.S.; providing recordkeeping requirements for

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landlords relating to access to dwelling units by

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employees; defining the term "employee"; creating s.

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83.531, F.S.; defining the term "employee"; requiring

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landlords to obtain criminal history information on

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certain employees; prohibiting landlords from allowing

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certain employees access to dwelling units; providing

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exceptions; providing penalties; providing an effective

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date.

3/10/2008  1:46:00 PM     JU.JU.04586

CODING: Words stricken are deletions; words underlined are additions.