Florida Senate - 2017                                    SB 1594
       
       
        
       By Senator Artiles
       
       
       
       
       
       40-01455-17                                           20171594__
    1                        A bill to be entitled                      
    2         An act relating to military support; amending s.
    3         83.49, F.S.; limiting the amount of payment of
    4         security deposit and advance rent that a landlord may
    5         require of a servicemember tenant; amending s. 83.683,
    6         F.S.; requiring a landlord, a condominium association,
    7         a cooperative association, or a homeowners’
    8         association to complete the processing of a rental
    9         application of a servicemember’s spouse or adult
   10         dependents within a specified timeframe; creating s.
   11         338.162, F.S.; requiring the Department of
   12         Transportation to establish a military discount
   13         program for electronic tolling device accounts by a
   14         specified date; establishing criteria for eligibility;
   15         providing for application of a rebate credit toward
   16         qualifying transactions on the registered transponder;
   17         specifying restrictions and limitations; authorizing
   18         the department to establish military discounts on the
   19         initial purchase of a transponder or other electronic
   20         tolling device; authorizing the department to adopt
   21         rules; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (1) of section 83.49, Florida
   26  Statutes, is amended to read:
   27         83.49 Deposit money or advance rent; duty of landlord and
   28  tenant.—
   29         (1) Whenever money is deposited or advanced by a tenant on
   30  a rental agreement as security for performance of the rental
   31  agreement or as advance rent for other than the next immediate
   32  rental period, the landlord or the landlord’s agent shall
   33  either:
   34         (a) Hold the total amount of such money in a separate non
   35  interest-bearing account in a Florida banking institution for
   36  the benefit of the tenant or tenants. The landlord shall not
   37  commingle such moneys with any other funds of the landlord or
   38  hypothecate, pledge, or in any other way make use of such moneys
   39  until such moneys are actually due the landlord;
   40         (b) Hold the total amount of such money in a separate
   41  interest-bearing account in a Florida banking institution for
   42  the benefit of the tenant or tenants, in which case the tenant
   43  shall receive and collect interest in an amount of at least 75
   44  percent of the annualized average interest rate payable on such
   45  account or interest at the rate of 5 percent per year, simple
   46  interest, whichever the landlord elects. The landlord shall not
   47  commingle such moneys with any other funds of the landlord or
   48  hypothecate, pledge, or in any other way make use of such moneys
   49  until such moneys are actually due the landlord; or
   50         (c) Post a surety bond, executed by the landlord as
   51  principal and a surety company authorized and licensed to do
   52  business in the state as surety, with the clerk of the circuit
   53  court in the county in which the dwelling unit is located in the
   54  total amount of the security deposits and advance rent he or she
   55  holds on behalf of the tenants or $50,000, whichever is less.
   56  The bond shall be conditioned upon the faithful compliance of
   57  the landlord with the provisions of this section and shall run
   58  to the Governor for the benefit of any tenant injured by the
   59  landlord’s violation of the provisions of this section. In
   60  addition to posting the surety bond, the landlord shall pay to
   61  the tenant interest at the rate of 5 percent per year, simple
   62  interest. A landlord, or the landlord’s agent, engaged in the
   63  renting of dwelling units in five or more counties, who holds
   64  deposit moneys or advance rent and who is otherwise subject to
   65  the provisions of this section, may, in lieu of posting a surety
   66  bond in each county, elect to post a surety bond in the form and
   67  manner provided in this paragraph with the office of the
   68  Secretary of State. The bond shall be in the total amount of the
   69  security deposit or advance rent held on behalf of tenants or in
   70  the amount of $250,000, whichever is less. The bond shall be
   71  conditioned upon the faithful compliance of the landlord with
   72  the provisions of this section and shall run to the Governor for
   73  the benefit of any tenant injured by the landlord’s violation of
   74  this section. In addition to posting a surety bond, the landlord
   75  shall pay to the tenant interest on the security deposit or
   76  advance rent held on behalf of that tenant at the rate of 5
   77  percent per year simple interest.
   78  
   79  If the tenant is a servicemember, the landlord may not require
   80  payment of a security deposit and advance rent that exceeds, in
   81  the aggregate, the total sum of rent that would be due for a 60
   82  day period.
   83         Section 2. Section 83.683, Florida Statutes, is amended to
   84  read:
   85         83.683 Rental application by a servicemember.—
   86         (1) If a landlord requires a prospective tenant to complete
   87  a rental application before residing in a rental unit, the
   88  landlord must complete processing of a rental application
   89  submitted by a prospective tenant who is a servicemember, as
   90  defined in s. 250.01, within 7 days after submission and must,
   91  within that 7-day period, notify the servicemember in writing of
   92  an application approval or denial and, if denied, the reason for
   93  denial. If the landlord requires the servicemember’s spouse or
   94  any adult dependents of the servicemember who are to reside in
   95  the same rental unit to submit a rental application, the
   96  landlord must process those applications within the same 7-day
   97  period. Absent a timely denial of the rental application, the
   98  landlord must lease the rental unit to the servicemember if all
   99  other terms of the application and lease are complied with.
  100         (2) If a condominium association, as defined in chapter
  101  718, a cooperative association, as defined in chapter 719, or a
  102  homeowners’ association, as defined in chapter 720, requires a
  103  prospective tenant of a condominium unit, cooperative unit, or
  104  parcel within the association’s control to complete a rental
  105  application before residing in a rental unit or parcel, the
  106  association must complete processing of a rental application
  107  submitted by a prospective tenant who is a servicemember, as
  108  defined in s. 250.01, within 7 days after submission and must,
  109  within that 7-day period, notify the servicemember in writing of
  110  an application approval or denial and, if denied, the reason for
  111  denial. If the association requires the servicemember’s spouse
  112  or any adult dependents of the servicemember who are to reside
  113  in the same unit or parcel to submit a rental application, the
  114  association must process those applications within the same 7
  115  day period. Absent a timely denial of the rental application,
  116  the association must allow the unit or parcel owner to lease the
  117  rental unit or parcel to the servicemember and the landlord must
  118  lease the rental unit or parcel to the servicemember if all
  119  other terms of the application and lease are complied with.
  120         (3) The provisions of this section may not be waived or
  121  modified by the agreement of the parties under any
  122  circumstances.
  123         Section 3. Section 338.162, Florida Statutes, is created to
  124  read:
  125         338.162 Military discount program for electronic tolling
  126  device accounts.—
  127         (1) By January 1, 2018, the department shall establish a
  128  military discount program for accounts for a toll transponder or
  129  a similar electronic tolling device held by servicemembers, as
  130  defined in s. 250.01, in order to defray commuting costs.
  131         (2) In order to establish eligibility for the program, the
  132  servicemember must provide a copy of his or her current military
  133  identification card and his or her transponder number to the
  134  department. The transponder number must be tied to an account
  135  that is owned by the servicemember and for which he or she is
  136  personally responsible for replenishing account funds.
  137         (3) Once the department processes and approves an
  138  application, a servicemember must be issued a 50 percent rebate
  139  credit if his or her transponder registers 30 or more paid
  140  transactions for the calendar month, not including transactions
  141  at toll facilities whose revenues are pledged to the repayment
  142  of bonds. The rebate credit shall be applied toward transactions
  143  that count toward the minimum calendar month threshold. The
  144  rebate credit shall appear on the servicemember’s statement the
  145  following month if the minimum threshold for qualifying
  146  transactions is reached.
  147         (4) A rebate credit may not be issued to an account if the
  148  account has a zero dollar balance. A servicemember may not
  149  register more than one transponder to receive any discounts
  150  authorized under this section. A servicemember who registers a
  151  transponder for the discount program under this section may not
  152  receive any other discounts and rebates applied toward the use
  153  of the registered transponder.
  154         (5) The department may establish discounts on a
  155  servicemember’s initial purchase of a transponder or other
  156  similar electronic tolling device.
  157         (6) The department may adopt rules to implement and
  158  administer this section.
  159         Section 4. This act shall take effect July 1, 2017.