Florida Senate - 2019                                    SB 1390
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01682A-19                                          20191390__
    1                        A bill to be entitled                      
    2         An act relating to rent control measures; amending ss.
    3         125.0103 and 166.043, F.S.; deleting provisions that
    4         require local governmental measures that impose rent
    5         controls to expire within a specified period unless
    6         extended or renewed in accordance with specified
    7         requirements; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Present subsections (3) and (6) of section
   12  125.0103, Florida Statutes, are amended to read:
   13         125.0103 Ordinances and rules imposing price controls;
   14  findings required; procedures.—
   15         (3) Any law, ordinance, rule, or other measure which has
   16  the effect of imposing controls on rents shall terminate and
   17  expire within 1 year and shall not be extended or renewed except
   18  by the adoption of a new measure meeting all the requirements of
   19  this section.
   20         (5)(6) In any court action brought to challenge the
   21  validity of rent control imposed pursuant to the provisions of
   22  this section, the evidentiary effect of any findings or
   23  recitations required by subsection (4) (5) shall be limited to
   24  imposing upon any party challenging the validity of such measure
   25  the burden of going forward with the evidence, and the burden of
   26  proof (that is, the risk of nonpersuasion) shall rest upon any
   27  party seeking to have the measure upheld.
   28         Section 2. Present subsections (3) and (6) of section
   29  166.043, Florida Statutes, are amended to read:
   30         166.043 Ordinances and rules imposing price controls;
   31  findings required; procedures.—
   32         (3) Any law, ordinance, rule, or other measure which has
   33  the effect of imposing controls on rents shall terminate and
   34  expire within 1 year and shall not be extended or renewed except
   35  by the adoption of a new measure meeting all the requirements of
   36  this section.
   37         (5)(6) In any court action brought to challenge the
   38  validity of rent control imposed pursuant to the provisions of
   39  this section, the evidentiary effect of any findings or
   40  recitations required by subsection (4) (5) shall be limited to
   41  imposing upon any party challenging the validity of such measure
   42  the burden of going forward with the evidence, and the burden of
   43  proof (that is, the risk of nonpersuasion) shall rest upon any
   44  party seeking to have the measure upheld.
   45         Section 3. This act shall take effect July 1, 2019.