Florida Senate - 2018                                     SB 612
       
       
        
       By Senator Steube
       
       
       
       
       
       23-00814-18                                            2018612__
    1                        A bill to be entitled                      
    2         An act relating to sexual offenders; creating s.
    3         83.495, F.S.; providing a short title; defining terms;
    4         requiring that all residential rental agreements of a
    5         certain duration contain a distinct and prominent
    6         disclosure statement regarding the employment of
    7         sexual offenders; requiring that the disclosure
    8         statement contain an acknowledgement of receipt to be
    9         signed by the tenant in the presence of a witness;
   10         requiring the disclosure statement to be maintained
   11         within the tenant file and available to the tenant
   12         upon request; providing that the rental agreement is
   13         not complete until the acknowledgement of receipt in
   14         the disclosure statement has been signed by the
   15         tenant; authorizing a tenant to cancel the agreement
   16         within a specified period of time and to receive a
   17         refund of all deposit moneys without penalty if the
   18         agreement disclosed the employment of a sexual
   19         offender; authorizing a tenant to void a rental
   20         agreement at any time if such disclosure was not made;
   21         requiring that all deposit moneys less a deduction for
   22         certain damages be returned to the tenant upon the
   23         tenant’s request under such circumstances; requiring
   24         the disclosure statement, including the
   25         acknowledgement of receipt, to be updated upon renewal
   26         of a residential rental agreement; providing an
   27         effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 83.495, Florida Statutes, is created to
   32  read:
   33         83.495 Duty to warn residential rental tenants of a sex
   34  offender with access to premises.—
   35         (1) This section may be cited as “The Florida Sex Offender
   36  Rental Notification Act.”
   37         (2) As used in this section, the term:
   38         (a) “Employee” includes an owner, landlord, manager, and
   39  maintenance or other personnel who have or are entitled to have
   40  access by key, access code, or other means of entry into a
   41  rental residence.
   42         (b) “Sexual offender” has the same meaning as in s.
   43  943.0435(1)(h)1.a.(I).
   44         (3) All residential rental agreements having a duration of
   45  five or more consecutive days must contain a distinct and
   46  prominent disclosure statement that advises the tenant of all of
   47  the following:
   48         (a) Whether all employees have been screened for offenses
   49  qualifying under s. 943.0435, and, if so, whether they are
   50  subject to annual rescreening.
   51         (b) The manner, method, and date of all employee screenings
   52  performed pursuant to this section, including the jurisdictions
   53  searched, for offenses qualifying under 943.0435.
   54         (c) The results of the screening, specifically identifying
   55  the name, job description, and offense of any employee who is a
   56  sexual offender.
   57         (4) The disclosure statement must contain an
   58  acknowledgement of receipt to be signed by the tenant in the
   59  presence of a witness. The disclosure statement must be
   60  maintained within the tenant file and available to the tenant
   61  upon request.
   62         (5) A residential rental agreement that is subject to this
   63  section is not deemed complete until the tenant signs the
   64  acknowledgement of receipt contained in the disclosure
   65  statement.
   66         (6) If the disclosure statement identifies an employee as a
   67  sexual offender, a tenant may cancel the residential rental
   68  agreement within 3 business days after completing it, and all
   69  deposit moneys must be returned to the tenant without penalty.
   70         (7) A residential rental agreement is voidable by the
   71  tenant at any time if the disclosure statement failed to
   72  disclose the employment of a sexual offender who was employed at
   73  the time that the disclosure statement was prepared. In the
   74  event the residential rental agreement is voided, all deposit
   75  moneys, less any amount payable for physical damage to the
   76  property caused by the tenant, must be returned to the tenant
   77  upon his or her request without penalty and without regard to
   78  any remaining tenant obligation under the rental agreement.
   79         (8) The disclosure statement required in this section,
   80  including the acknowledgement of receipt, must be updated upon
   81  renewal of a residential rental agreement.
   82         Section 2. This act shall take effect July 1, 2018.