Florida Senate - 2019 SB 620
By Senator Broxson
1-01199-19 2019620__
1 A bill to be entitled
2 An act relating to military affairs; amending s.
3 83.49, F.S.; prohibiting a landlord from requiring a
4 prospective tenant who is a servicemember to deposit
5 or advance more than a certain amount of funds;
6 amending s. 83.682, F.S.; providing an additional
7 circumstance under which a servicemember may terminate
8 a rental agreement; amending s. 163.3175, F.S.;
9 revising applicability with respect to certain
10 military installations; amending s. 197.572, F.S.;
11 providing that the title to certain lands remains
12 subject to an easement to prevent encroachment of
13 military installations after a tax sale or the
14 issuance of a tax certificate in foreclosure
15 proceedings; amending s. 288.980, F.S.; revising the
16 definition of the term “activities”; amending s.
17 570.71, F.S.; prohibiting certain construction or
18 activities that are incompatible with the mission of a
19 military installation on certain land under a rural
20 lands-protection easement; amending s. 1003.05, F.S.;
21 requiring public schools to accept a permanent change
22 of station order as proof of residency for certain
23 programs; amending s. 1009.21, F.S.; revising when
24 active duty members of the Armed Services of the
25 United States are classified as residents for tuition
26 purposes; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (10) is added to section 83.49,
31 Florida Statutes, to read:
32 83.49 Deposit money or advance rent; duty of landlord and
33 tenant.—
34 (10) If the tenant is a servicemember, a landlord may not
35 require payment of a security deposit or advance rent that
36 exceeds, in the aggregate, the total sum of rent that would be
37 due in a 60-day period under the rental agreement.
38 Section 2. Subsection (1) of section 83.682, Florida
39 Statutes, is amended to read:
40 83.682 Termination of rental agreement by a servicemember.—
41 (1) Any servicemember may terminate his or her rental
42 agreement by providing the landlord with a written notice of
43 termination to be effective on the date stated in the notice
44 that is at least 30 days after the landlord’s receipt of the
45 notice if any of the following criteria are met:
46 (a) The servicemember is required, pursuant to a permanent
47 change of station orders, to move 35 miles or more from the
48 location of the rental premises.;
49 (b) The servicemember is prematurely or involuntarily
50 discharged or released from active duty or state active duty.;
51 (c) The servicemember is released from active duty or state
52 active duty after having leased the rental premises while on
53 active duty or state active duty status and the rental premises
54 is 35 miles or more from the servicemember’s home of record
55 prior to entering active duty or state active duty.;
56 (d) After entering into a rental agreement, the
57 servicemember receives military orders requiring him or her to
58 move into government quarters or the servicemember becomes
59 eligible to live in and opts to move into government quarters or
60 privatized military housing.;
61 (e) The servicemember receives temporary duty orders,
62 temporary change of station orders, or state active duty orders
63 to an area 35 miles or more from the location of the rental
64 premises, provided such orders are for a period exceeding 60
65 days.; or
66 (f) The servicemember has leased the property, but prior to
67 taking possession of the rental premises, receives a change of
68 orders to an area that is 35 miles or more from the location of
69 the rental premises.
70 Section 3. Present paragraphs (m) and (n) of subsection (2)
71 of section 163.3175, Florida Statutes, are redesignated as
72 paragraphs (n) and (o), respectively, and a new paragraph (m)
73 and paragraph (p) are added to that subsection, to read:
74 163.3175 Legislative findings on compatibility of
75 development with military installations; exchange of information
76 between local governments and military installations.—
77 (2) Certain major military installations, due to their
78 mission and activities, have a greater potential for
79 experiencing compatibility and coordination issues than others.
80 Consequently, this section and the provisions in s.
81 163.3177(6)(a), relating to compatibility of land development
82 with military installations, apply to specific affected local
83 governments in proximity to and in association with specific
84 military installations, as follows:
85 (m) Naval Support Activity Orlando, including Bugg Spring
86 and Naval Ordnance Test Unit, associated with Orange County and
87 Orlando.
88 (p) United States Southern Command, associated with Miami
89 Dade County and Doral.
90 Section 4. Section 197.572, Florida Statutes, is amended to
91 read:
92 197.572 Easements for conservation purposes, prevention of
93 encroachment of military installations, public service purposes,
94 support of certain improvements, or drainage or ingress and
95 egress survive tax sales and deeds.—When any lands are sold for
96 the nonpayment of taxes, or any tax certificate is issued
97 thereon by a governmental unit or agency or pursuant to any tax
98 lien foreclosure proceeding, the title to the lands shall
99 continue to be subject to any easement for conservation purposes
100 as provided in s. 704.06, for the purpose of preventing the
101 encroachment of military installations as provided in s.
102 288.980(2), or for telephone, telegraph, pipeline, power
103 transmission, or other public service purpose; and shall
104 continue to be subject to any easement that supports
105 improvements that may be constructed above the lands; and any
106 easement for the purposes of drainage or of ingress and egress
107 to and from other land. The easement and the rights of the owner
108 of it shall survive and be enforceable after the execution,
109 delivery, and recording of a tax deed, a master’s deed, or a
110 clerk’s certificate of title pursuant to foreclosure of a tax
111 deed, tax certificate, or tax lien, to the same extent as though
112 the land had been conveyed by voluntary deed. The easement must
113 be evidenced by written instrument recorded in the office of the
114 clerk of the circuit court in the county where such land is
115 located before the recording of such tax deed or master’s deed,
116 or, if not recorded, an easement for a public service purpose
117 must be evidenced by wires, poles, or other visible occupation,
118 an easement for drainage must be evidenced by a waterway, water
119 bed, or other visible occupation, and an easement for the
120 purpose of ingress and egress must be evidenced by a road or
121 other visible occupation to be entitled to the benefit of this
122 section; however, this shall apply only to tax deeds issued
123 after the effective date of this act.
124 Section 5. Paragraph (b) of subsection (3) of section
125 288.980, Florida Statutes, is amended to read:
126 288.980 Military base retention; legislative intent; grants
127 program.—
128 (3)
129 (b) The term “activities” as used in this section means
130 studies, presentations, analyses, plans, and modeling,
131 marketing, advocacy, sponsorships, outreach, and military
132 related community support events. For the purposes of the
133 Florida Defense Infrastructure Grant Program, the term
134 “activities” also includes, but is not limited to, construction,
135 land purchases, and easements. Staff salaries are not considered
136 an “activity” for which grant funds may be awarded. Travel costs
137 and costs incidental thereto incurred by a grant recipient shall
138 be considered an “activity” for which grant funds may be
139 awarded.
140 Section 6. Subsection (3) and paragraph (a) of subsection
141 (5) of section 570.71, Florida Statutes, are amended to read:
142 570.71 Conservation easements and agreements.—
143 (3) Rural-lands-protection easements shall be a perpetual
144 right or interest in agricultural land which is appropriate to
145 retain such land in predominantly its current state and to
146 prevent the subdivision and conversion of such land into other
147 uses. This right or interest in property shall prohibit only the
148 following:
149 (a) Construction or placing of buildings, roads, billboards
150 or other advertising, utilities, or structures, except those
151 structures and unpaved roads necessary for the agricultural
152 operations on the land or structures necessary for other
153 activities allowed under the easement, and except for linear
154 facilities described in s. 704.06(11).;
155 (b) Subdivision of the property.;
156 (c) Dumping or placing of trash, waste, or offensive
157 materials.; and
158 (d) Activities that affect the natural hydrology of the
159 land or that detrimentally affect water conservation, erosion
160 control, soil conservation, or fish or wildlife habitat, except
161 those required for environmental restoration; federal, state, or
162 local government regulatory programs; or best management
163 practices.
164 (e) Construction of structures or other activities that are
165 incompatible with the mission of a military installation, when
166 the land lies within an area identified as a clear zone or an
167 accident potential zone or within Military Influence Planning
168 Area 1 or 2 as established in the Joint Land Use Study of the
169 installation.
170 (5) Agricultural protection agreements shall be for terms
171 of 30 years and will provide payments to landowners having
172 significant natural areas on their land. Public access and
173 public recreational opportunities may be negotiated at the
174 request of the landowner.
175 (a) For the length of the agreement, the landowner shall
176 agree to prohibit all of the following:
177 1. Construction or placing of buildings, roads, billboards
178 or other advertising, utilities, or structures, except those
179 structures and unpaved roads necessary for the agricultural
180 operations on the land or structures necessary for other
181 activities allowed under the easement, and except for linear
182 facilities described in s. 704.06(11).;
183 2. Subdivision of the property.;
184 3. Dumping or placing of trash, waste, or offensive
185 materials.; and
186 4. Activities that affect the natural hydrology of the
187 land, or that detrimentally affect water conservation, erosion
188 control, soil conservation, or fish or wildlife habitat.
189 5. Construction of structures or other activities that are
190 incompatible with the mission of a military installation, when
191 the land lies within an area identified as a clear zone or an
192 accident potential zone or within Military Influence Planning
193 Area 1 or 2 as established in the Joint Land Use Study of the
194 installation.
195 Section 7. Subsection (4) is added to section 1003.05,
196 Florida Statutes, and subsection (3) of that section is
197 republished, to read:
198 1003.05 Assistance to transitioning students from military
199 families.—
200 (3) Dependent children of active duty military personnel
201 who otherwise meet the eligibility criteria for special academic
202 programs offered through public schools shall be given first
203 preference for admission to such programs even if the program is
204 being offered through a public school other than the school to
205 which the student would generally be assigned. If such a program
206 is offered through a public school other than the school to
207 which the student would generally be assigned, the parent or
208 guardian of the student must assume responsibility for
209 transporting the student to that school. For purposes of this
210 subsection, special academic programs include magnet schools,
211 advanced studies programs, advanced placement, dual enrollment,
212 Advanced International Certificate of Education, and
213 International Baccalaureate.
214 (4) Public schools must accept a permanent change of
215 station order that relocates a military family to a local
216 military installation as proof of residency for all public
217 school authorized programs including, but not limited to, the
218 programs listed in subsection (3).
219 Section 8. Paragraphs (a) and (b) of subsection (10) of
220 section 1009.21, Florida Statutes, are amended to read:
221 1009.21 Determination of resident status for tuition
222 purposes.—Students shall be classified as residents or
223 nonresidents for the purpose of assessing tuition in
224 postsecondary educational programs offered by charter technical
225 career centers or career centers operated by school districts,
226 in Florida College System institutions, and in state
227 universities.
228 (10) The following persons shall be classified as residents
229 for tuition purposes:
230 (a) Active duty members of the Armed Services of the United
231 States residing or stationed in this state at the time of
232 acceptance, their spouses, and dependent children, and active
233 drilling members of the Florida National Guard.
234 (b) Active duty members of the Armed Services of the United
235 States and their spouses and dependents attending a Florida
236 College System institution or state university within 50 miles
237 of the military establishment where they are stationed at the
238 time of acceptance to a Florida College System institution or
239 state university, if such military establishment is within a
240 county contiguous to Florida.
241 Section 9. This act shall take effect July 1, 2019.