CHAMBER ACTION Senate House 1 2 3... 4 5 6 7 8 9 10 11 Representative Ambler offered the following: 12 13 14 Amendment (with title amendment) Remove everything after the enacting clause, and insert: 15 16 17 18 19 20 21 22 23 24 25 26 27 Section 1. Part IV of chapter 250, Florida Statutes, consisting of sections 250.80, 250.81, 250.82, 250.83, 250.84, and 250.85, is created to read: PART IV FLORIDA UNIFORMED SERVICEMEMBERS PROTECTION ACT 250.80 Popular name.--sections 250.80-250.85 may be known by the popular name the "Florida Uniformed Servicemembers Protection Act." 250.81 Legislative intent.--it is the intent of the Legislature that men and women who serve in the Florida National Guard and Armed Forces Reserves understand their rights under applicable state and federal laws. Further, it is the intent of Page 1 of 29
28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 the Legislature that Florida residents and businesses understand the rights afforded to the men and women who volunteer their time and sacrifice their lives to protect the freedoms granted by the Constitutions of the United States and the State of Florida. 250.82 Definitions.--As used in this part: (1) Active duty means full-time duty in the active military service of the United States, including federal duty, which includes attendance of full-time training and annual training while in active military service or attendance of a school designated as a service school by law or by the secretary of the applicable military branch. (2) State active duty means full-time duty in the active military service of the State of Florida when ordered by the Governor or Adjutant General in accordance with s. 250.06, s. 250.10, or s. 250.28, for purposes which include, but are not limited to, preserving the public peace; executing the laws of the state; suppressing insurrection; repelling invasion; enhancement of security and response to terrorist threat or attack; response to an emergency as defined in s. 252.34 or imminent threat of an emergency; enforcement of laws; conduct of counter-narcotics operations; the provision of training; the provision for the security of the rights or lives of the public and private property; conducting ceremonies, including the performance of duties of officers or enlisted personnel who are employed under the order of the Governor in recruiting; conducting tours of instruction; inspection of troops, armories, storehouses, campsites, rifle ranges, or military properties; sitting on general or special courts-martial, boards of Page 2 of 29
57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 examination, courts of inquiry, and boards of officers; and conducting or assisting in physical examinations. The term shall also include the period during which a person in active military service is absent from duty as a result of illness, being wounded, being on leave, or other lawful cause. (3) SSCRA means the Soldiers' and Sailors' Civil Relief Act, Title 50, Appendix United States Code, Section 501 et seq., as amended. (4) Servicemember means any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces. (5) USERRA means the Uniformed Services Employment and Reemployment Rights Act, Title 38, United States Code, Chapter 43, as amended. 250.83 Applicability of federal laws.--florida law provides certain protections to servicemembers in various legal proceedings and contractual relationships. In addition to these state provisions, federal law also contains protections, such as those provided in the Soldiers' and Sailors' Civil Relief Act (SSCRA), as amended, and the Uniformed Services Employment and Reemployment Rights Act (USERRA), as amended, that are applicable to servicemembers in Florida even though such provisions are not specifically identified under Florida law. These provisions of federal law apply to all servicemembers when they are serving on active duty or state active duty. Florida state courts shall have concurrent jurisdiction for enforcement over all causes of action arising from the provisions of federal Page 3 of 29
86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 law and may award a remedy as provided therein. The Florida state courts shall also have jurisdiction over all causes of action arising under this act. 250.84 Construction of part.--in the event that any other provision of law conflicts with SSCRA, USERRA, or the provisions of this chapter, the provisions of SSCRA, USERRA, or the provisions of this chapter, whichever is applicable, shall control. Nothing in this part shall construe rights or responsibilities not provided under the SSCRA, USERRA, or this chapter. 250.85 Florida Uniformed Servicemembers Protection Act; rights of servicemembers; incorporation by reference.--it is the intent of the Legislature that the provisions of the Florida Uniformed Servicemembers Protection Act be included as part of the continuing education requirements for certain licensed professionals as provided in this act. Further, it is the intent of the Legislature to ensure that those individuals affected by the provisions of the Florida Uniformed Servicemembers Protection Act be made aware of the rights and responsibilities of servicemembers. (1) The provisions of the following sections, as amended or created by this act, are incorporated by reference within the Florida Uniformed Servicemembers Protection Act: (a) Sections 83.43, 83.64, 83.67, and 83.682, which provide rights and responsibilities of servicemembers under the Florida Residential Landlord and Tenant Act. (b) Sections 115.02, 115.08, 115.09, 115.12, 115.13, 115.14, and 115.15, which provide rights and responsibilities of Page 4 of 29
114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 servicemembers with respect to leaves of absence for officials and employees. (c) Section 320.07, which exempts servicemembers from penalties for expiration of mobile home and motor vehicle registrations when such registrations expire while serving on active duty. (d) Section 364.195, which provides requirements and procedures with respect to termination of a telecommunications service contract by a member of the United States Armed Forces. (e) Section 520.14, which provides requirements and procedure with respect to the termination of a retail installment contract for leasing a motor vehicle by a member of the United States Armed Forces. (f) Section 468.4339, which requires the inclusion of information relating to rights of servicemembers under the Florida Uniformed Servicemembers Protection Act within continuing education requirements for community association managers. (g) Section 475.1821, which requires the inclusion of information relating to rights of servicemembers under the Florida Uniformed Servicemembers Protection Act within continuing education requirements for renewal of licensure as a real estate broker, broker-salesperson, or salesperson. (h) Section 627.7283, which requires motor vehicle insurance companies to refund the entire unearned portion of a premium upon cancellation of motor vehicle insurance by a servicemember when the servicemember is required to move pursuant to specified orders. Page 5 of 29
142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 (i) Section 689.27, which provides requirements and procedure with respect to the termination of an agreement to purchase real property by a member of the United States Armed Forces. (j) Section 1009.531, which extends the eligibility period for the Florida Bright Futures Scholarship Program for students who enlist in the armed forces or reserves immediately after completion of high school. (k) Section 1009.532, which provides eligibility for continuation of Florida Bright Futures Scholarships for students attending postsecondary institutions who are also members of the Florida National Guard or the United States Reserves and are called to active duty or active state duty. (2)(a) The Department of Military Affairs shall make available a document containing the rights and responsibilities of servicemembers set forth in this act, either through printed or electronic means, to appropriate state or local organizations composed of parties affected by said rights, including, but not limited to, those representing: 1. Motor vehicle dealers. 2. Financial institutions. 3. Telecommunications service companies. 4. Residential tenancies. 5. Real estate salespersons and brokers. 6. Community association managers. (b) The Department of Military Affairs shall also make available a document containing the rights and responsibilities of servicemembers set forth in this act, either through printed or electronic means, to servicemembers and their families. Page 6 of 29
171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 (c) Such documents containing the rights and responsibilities of servicemembers set forth in this act shall include an enumeration of all rights and responsibilities under state and federal law, including, but not limited to: 1. The rights and responsibilities provided by the Florida Uniformed Servicemembers Protection Act, as amended. 2. The rights and responsibilities provided by the Soldiers' and Sailors' Civil Relief Act, as amended. 3. The rights and responsibilities provided by the Uniformed Servicemembers Employment and Reemployment Rights Act. Section 2. Subsections (14), (15), and (16) are added to section 83.43, Florida Statutes, to read: 83.43 Definitions.--As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated: (14) "Servicemember" shall have the same meaning as provided in s. 250.82. (15) "Active duty" shall have the same meaning as provided in s. 250.82. (16) State active duty shall have the same meaning as provided in s. 250.82. Section 3. Section 83.575, Florida Statutes, is created to read: 83.575 Termination of tenancy with specific duration.-- (1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days notice before vacating the premises. Page 7 of 29
200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 (2) A rental agreement may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement. (3) If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s. 83.57(3), the tenant is liable to the landlord for an additional 1 month s rent. Section 4. Subsection (1) of section 83.64, Florida Statutes, is amended to read: 83.64 Retaliatory conduct.-- (1) It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where: (a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises; (b) The tenant has organized, encouraged, or participated in a tenants' organization; or (c) The tenant has complained to the landlord pursuant to s. 83.56(1); or. Page 8 of 29
228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 (d) The tenant is a servicemember who has terminated a rental agreement pursuant to s. 83.682. Section 5. Section 83.67, Florida Statutes, is amended to read: 83.67 Prohibited practices.-- (1) No landlord of any dwelling unit governed by this part shall cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord. (2) No landlord of any dwelling unit governed by this part shall prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device. (3) No landlord of any dwelling unit governed by this part shall discriminate against a servicemember in offering a dwelling unit for rent or in any of the terms of the rental agreement. (4)(3) No landlord of any dwelling unit governed by this part shall remove the outside doors, locks, roof, walls, or windows of the unit except for purposes of maintenance, repair, or replacement; nor shall the landlord remove the tenant's personal property from the dwelling unit unless said action is taken after surrender, abandonment, or a lawful eviction. If provided in the rental agreement or a written agreement separate from the rental agreement, upon surrender or abandonment by the tenant, the landlord is not required to comply with s. 715.104 Page 9 of 29
257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 and is not liable or responsible for storage or disposition of the tenant's personal property; if provided in the rental agreement there must be printed or clearly stamped on such rental agreement a legend in substantially the following form: BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. For the purposes of this section, abandonment shall be as set forth in s. 83.59(3)(c). (5)(4) A landlord who violates the provisions of this section shall be liable to the tenant for actual and consequential damages or 3 months' rent, whichever is greater, and costs, including attorney's fees. Subsequent or repeated violations which are not contemporaneous with the initial violation shall be subject to separate awards of damages. (6)(5) A violation of this section shall constitute irreparable harm for the purposes of injunctive relief. (7)(6) The remedies provided by this section are not exclusive and shall not preclude the tenant from pursuing any other remedy at law or equity which the tenant may have. The remedies provided by this section shall also apply to a servicemember who is a prospective tenant who has been discriminated against under subsection (3). Section 6. Section 83.682, Florida Statutes, is amended to read: Page 10 of 29
285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 83.682 Termination of rental agreement by a servicemember member of the United States Armed Forces.-- (1)(a) Any servicemember member of the United States Armed Forces who is required to move pursuant to permanent change of station orders to depart 35 miles or more from the location of a rental premises or who is prematurely or involuntarily discharged or released from active duty with the United States Armed Forces may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice if any of the following criteria are met:. (a) The servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises; (b) The servicemember is prematurely or involuntarily discharged or released from active duty or state active duty; (c) The servicemember is released from federal or state active duty after having leased the rental premises while on federal or state active duty status and the rental premises is more than 35 miles from the servicemember s home of record prior to entering active duty; (d) The servicemember receives military orders requiring him or her to move into government quarters or, after entering into a rental agreement, the servicemember becomes eligible to live in government quarters; (e) The servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders to an area more than 35 miles from the location of the rental Page 11 of 29
314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 premises, provided such orders are for a period exceeding 60 days; or (f) The servicemember has leased the property, but prior to taking possession of the rental premises, receives a change of orders to an area that is more than 35 miles from the location of the rental premises. (2) The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember's member's commanding officer. (3)(b) In the event a servicemember member of the United States Armed Forces dies during active duty, an adult member of his or her immediate family may terminate the servicemember's member's rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders showing the servicemember was on active duty or a written verification signed by the servicemember's member's Commanding Officer and a copy of the servicemember s death certificate. (4)(2) Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section except the liquidated damages provided in this section. Notwithstanding any provision Page 12 of 29
343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable are due. (3) In consideration of early termination of the rental agreement, the tenant is liable to the landlord for liquidated damages provided the tenant has completed less than 9 months of the tenancy and the landlord has suffered actual damages due to loss of the tenancy. The liquidated damages must be no greater than 1 month's rent if the tenant has completed less than 6 months of the tenancy as of the effective date of termination, or one-half of 1 month's rent if the tenant has completed at least 6 but not less than 9 months of the tenancy as of the effective date of termination. (5)(4) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances. Section 7. Section 115.02, Florida Statutes, is amended to read: 115.02 Governor to grant application; proviso.--when any such officer shall be granted a leave of absence pursuant to this chapter volunteer or be called into the service of the United States during war, the Governor shall, upon application being made by such officer, grant such officer leave of absence during the time he or she shall be retained in such military service; provided, such service shall not extend beyond the term of office of such officer, in which event the office shall be filled by election at the expiration thereof. Page 13 of 29
371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 Section 8. Section 115.08, Florida Statutes, is amended to read: 115.08 Definitions.-- (1) The term "active military service" as used in this chapter law shall signify active duty in the Florida defense force or federal service in training or on active duty with any branch of the Armed Forces or Reservists of the Armed Forces, the Florida National Guard Army of the United States, the United States Navy, the Marine Corps of the United States, the Coast Guard of the United States, and service of all officers of the United States Public Health Service detailed by proper authority for duty with the Armed Forces either with the army or the navy, and shall include the period during which a person in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause. (2) The term "period of active military service" as used in this chapter law shall begin with the date of entering upon active military service, and shall terminate with death or a date 30 days immediately next succeeding the date of release or discharge from active military service, or upon return from active military service, whichever shall occur first. (3) The term servicemember as used in this chapter shall have the same meaning as provided in s. 250.82. Section 9. Section 115.09, Florida Statutes, is amended to read: 115.09 Leave to public officials for military service.--all officials of the state, the several counties of the state, and the municipalities or political subdivisions of the state, including district school and community college Page 14 of 29
400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 officers, which officials are also servicemembers officers or enlisted personnel in the National Guard or a reserve component of the Armed Forces of the United States, shall may, subject to the provisions and conditions hereafter set forth, be granted leave of absence from their respective offices and duties to perform active military service, the first 30 days of any such leave of absence to be with full pay. Section 10. Section 115.10, Florida Statutes, is repealed. Section 11. Section 115.12, Florida Statutes, is amended to read: 115.12 Rights during leave.-- (1) During such leave of absence such official shall be entitled to preserve all seniority rights, efficiency ratings, promotional status and retirement privileges. The period of active military service shall, for purposes of computation to determine whether such person may be entitled to retirement under the laws of the state, be deemed continuous service in the office of said official. While absent on such leave without pay, said official shall not be required to make any contribution to any retirement fund. (2) The employing authority shall adhere to all the provisions contained in the Uniformed Services Employment and Reemployment Rights Act, Title 38, United States Code, Chapter 43, as amended. Section 12. Section 115.13, Florida Statutes, is amended to read: 115.13 Resumption of official duties.--upon said officer terminating his or her active military service, he or she shall immediately enter upon the duties of office for the unexpired Page 15 of 29
429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 portion of the term for which he or she was elected or appointed, in accordance with the limits provided under the Uniformed Services Employment and Reemployment Rights Act, Title 38, United States Code Chapter 43, as amended. Section 13. Section 115.14, Florida Statutes, is amended to read: 115.14 Employees.--All employees of the state, the several counties of the state, and the municipalities or political subdivisions of the state shall may, in the discretion of the employing authority of such employee, be granted leave of absence under the terms of this law; upon such leave of absence being granted said employee shall enjoy the same rights and privileges as are hereby granted to officials under this law, insofar as may be, including, without limitation, receiving full pay for the first 30 days. Notwithstanding the provisions of s. 115.09, the employing authority may supplement the military pay of its officials and employees who are reservists called to active military service after the first 30 days for the first 30 days with full pay and, thereafter, in an amount necessary to bring their total salary, inclusive of their base military pay, to the level earned at the time they were called to active military duty. The employing authority shall may also, in its discretion, continue to provide all any health insurance and other existing benefits to such officials and employees as required by the Uniformed Services Employment and Reemployment Rights Act, Title 38, United States Code, Chapter 43, as amended. Section 14. Section 115.15, Florida Statutes, is amended to read: Page 16 of 29
458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 115.15 Adoption of federal law for employees.--the provisions of the Uniformed Services Employment and Reemployment Rights Act, Title 38, United States Code Chapter 43, as amended section 8 of chapter 720 Acts of Congress of the United States, approved September 16, 1940 (Title 50 App. Section 308, U.S.C.A.), insofar as it relates to the reemployment of public employees granted a leave of absence on active military duty under this law, shall be applicable in this state and the refusal of any state, county, or municipal official to comply therewith shall subject him or her to removal from office. Section 15. Paragraph (e) is added to subsection (3) of section 320.07, Florida Statutes, present subsection (5) is renumbered as subsection (6) and amended, and a new subsection (5) is added to said section, to read: 320.07 Expiration of registration; annual renewal required; penalties.-- (3) The operation of any motor vehicle without having attached thereto a registration license plate and validation stickers, or the use of any mobile home without having attached thereto a mobile home sticker, for the current registration period shall subject the owner thereof, if he or she is present, or, if the owner is not present, the operator thereof to the following penalty provisions: (e) Any servicemember, as defined in s. 250.82, whose mobile home registration has expired while serving on active duty shall not be charged with a violation of this subsection if, at the time of the offense, the servicemember was serving on federal or state active duty more than 35 miles away from the servicemember s home of record prior to entering active duty. Page 17 of 29
487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 The servicemember must present to the department either a copy of the official military orders or a written verification signed by the servicemember's commanding officer to waive charges. (5) Any servicemember, as defined in s. 250.82, whose motor vehicle or mobile home registration has expired while serving on active duty, shall be able to renew his or her registration upon return from active duty without penalty, if the servicemember served on federal or state active duty more than 35 miles from the servicemember s home of record prior to entering active duty. The servicemember must provide to the department either a copy of the official military orders or a written verification signed by the servicemember's commanding officer to waive delinquent fees. (6)(5) Delinquent fees imposed under this section shall not be apportionable under the International Registration Plan. Section 16. Section 364.195, Florida Statutes, is created to read: 364.195 Termination of telecommunications service contract by a servicemember.-- (1) Any servicemember, as defined in s. 250.82, may terminate his or her telecommunications service contract by providing the telecommunications company with a written notice of termination, effective on the date specified in the notice, which date shall be at least 30 days after receipt of the notice by the telecommunications company, if any of the following criteria are met: (a) The servicemember is required, pursuant to a permanent change of station orders, to move outside the area served by the telecommunications company or to an area where the type of Page 18 of 29
516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 telecommunications service being provided to the servicemember is not available from the telecommunications company; (b) The servicemember is discharged or released from federal or state active duty and will return from such duty to an area not served by the telecommunications company or where the type of telecommunications service contracted for is not available from the telecommunications company; (c) The servicemember is released from federal or state active duty after having entered into a contract for telecommunications service while on federal or state active duty status and the telecommunications company does not provide telecommunications service or the same type of telecommunications service contracted for in the region of the servicemember s home of record prior to entering active duty; (d) The servicemember receives military orders requiring him or her to move outside the continental United States; or (e) The servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders to an area not served by the telecommunications company or where the type of telecommunications service contracted for is not available from the telecommunications company, provided such orders are for a period exceeding 60 days. (2) The written notice to the telecommunications company must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember's commanding officer. (3) Upon termination of a contract under this section, the servicemember is liable for the amount due under the contract prorated to the effective date of the termination payable at Page 19 of 29
545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 such time as would have otherwise been required by the terms of the contract. The servicemember is not liable for any other fees due to the early termination of the contract as provided for in this section. (4) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances. Section 17. Section 468.4339, Florida Statutes, is created to read: 468.4339 Provisions of continuing education.--the council shall require a portion of the classroom hours in ss. 468.4337 and 468.4338 to include information on the rights of servicemembers, as provided in the Florida Uniformed Servicemembers Protection Act. Section 18. Section 475.1821, Florida Statutes, is created to read: 475.1821 Provisions of continuing education.--the commission shall require a portion of the classroom hours in s. 475.182 to include information on the rights of servicemembers as provided in the Florida Uniformed Servicemembers Protection Act. Section 19. Section 520.14, Florida Statutes, is created to read: 520.14 Termination of retail installment contract for leasing a motor vehicle by a member of the United States Armed Forces.-- (1) Any servicemember of the United States Armed Forces, as defined in s. 250.82, may terminate his or her retail installment contract for leasing a motor vehicle by providing Page 20 of 29
574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 the sales finance company with a written notice of termination, effective on the date specified in the notice, which date shall be at least 30 days after the receipt of the notice by the sales finance company, if any of the following criteria are met: (a) The servicemember is required, pursuant to a permanent change of station, to move outside the continental United States; or (b) The servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders outside the continental United States, provided such orders are for a period exceeding 60 days. (2) The written notice to the sales finance company under subsection (1) must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember's commanding officer. (3) Upon termination of a contract under this section, the lessee is liable for the amount due under the contract, prorated to the effective date of the termination, payable at such time as would have otherwise been required by the terms of the contract. The lessee is not liable for any other fees due to the early termination of the contract as provided for in this section. (4) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances. Section 20. Subsection (5) is added to section 627.7283, Florida Statutes, to read: 627.7283 Cancellation; return of premium. Page 21 of 29
602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 (5) The insurer must refund 100 percent of the unearned premium if the insured is a servicemember, as defined in s. 250.82, who cancels because he or she is required to move, pursuant to a permanent change of station, temporary duty orders exceeding 60 days, temporary change of station orders exceeding 60 days, or state active duty orders, to a location where the insurance is not required. The insurer may require a servicemember to submit either a copy of the official military orders or a written verification signed by the servicemember's commanding officer to support the refund authorized under this subsection. If the insurer cancels, the insurer must refund 100 percent of the unearned premium. Cancellation is without prejudice to any claim originating prior to the effective date of the cancellation. For purposes of this section, unearned premiums must be computed on a pro rata basis. Section 21. Section 689.27, Florida Statutes, is created to read: 689.27 Termination of agreement to purchase real property by a member of the United States Armed Forces.-- (1) Notwithstanding any other provisions of law and for the purposes of this section: (a) Closing means the finalizing of the sale of property, upon which title to the property is transferred from the seller to the buyer. (b) Contract means an instrument purporting to contain an agreement to purchase real property. (c) Property means a house, condominium, or mobile home that a servicemember intends to purchase to serve as his or her primary residence. Page 22 of 29
631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 (d) Servicemember shall have the same meaning as provided in s. 250.82. (2) Any servicemember may terminate a contract to purchase property, prior to closing on such property, by providing the seller or mortgagor of the property with a written notice of termination to be effective immediately, if any of the following criteria are met: (a) The servicemember is required, pursuant to permanent change of station orders received after entering into a contract for the property and prior to closing, to move 35 miles or more from the location of the property; (b) The servicemember is released from federal or state active duty after having agreed to purchase the property and prior to closing while serving on federal or state active duty status, and the property is more than 35 miles from the servicemember s home of record prior to entering active duty; (c) The servicemember receives military orders requiring him or her to move into government quarters or, after contracting to purchase property, but prior to closing, the servicemember becomes eligible to live in government quarters; (d) Prior to closing, the servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders to an area more than 35 miles from where the property is located, provided such orders are for a period exceeding 90 days; or (e) The servicemember has entered into an agreement to purchase the property but, prior to closing on the property, receives a change of orders to an area located more than 35 miles from the location of the property. Page 23 of 29
660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 (3) The notice to the seller or mortgagor canceling the contract must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember's commanding officer. (4) Upon termination of a contract under this section, the seller or mortgagor or his or her agent shall refund any funds provided by the servicemember under the contract within 7 days. The servicemember is not liable for any other fees due to the termination of the contract as provided for in this section. (5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances. Section 22. Subsection (2) of section 1009.531, Florida Statutes, is amended to read: 1009.531 Florida Bright Futures Scholarship Program; student eligibility requirements for initial awards. (2) A student is eligible to accept an initial award for 3 years following high school graduation and to accept a renewal award for 7 years following high school graduation. A student who applies for an award by high school graduation and who meets all other eligibility requirements, but who does not accept his or her award, may reapply during subsequent application periods up to 3 years after high school graduation. For a student who enlists in the United States Armed Forces immediately after completion of high school, the 3-year eligibility period for his or her initial award shall begin on the date of separation from active duty. For a student who is receiving a Florida Bright Futures Scholarship and discontinues his or her education to enlist in the United States Armed Forces, the remainder of his Page 24 of 29
689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 or her 7-year renewal period shall commence on the date of separation from active duty. Section 23. Subsection (1) of section 1009.532, Florida Statutes, is amended to read: 1009.532 Florida Bright Futures Scholarship Program; student eligibility requirements for renewal awards.-- (1) To be eligible to renew a scholarship from any of the three types of scholarships under the Florida Bright Futures Scholarship Program, a student must: (a) Complete at least 12 semester credit hours or the equivalent in the last academic year in which the student earned a scholarship. (b) Maintain the cumulative grade point average required by the scholarship program, except that: 1. If a recipient's grades fall beneath the average required to renew a Florida Academic Scholarship, but are sufficient to renew a Florida Medallion Scholarship or a Florida Gold Seal Vocational Scholarship, the Department of Education may grant a renewal from one of those other scholarship programs, if the student meets the renewal eligibility requirements; or 2. If, at any time during the eligibility period, a student's grades are insufficient to renew the scholarship, the student may restore eligibility by improving the grade point average to the required level. A student is eligible for such a reinstatement only once. The Legislature encourages education institutions to assist students to calculate whether or not it is possible to raise the grade point average during the summer term. If the institution determines that it is possible, the Page 25 of 29
718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 education institution may so inform the department, which may reserve the student's award if funds are available. The renewal, however, must not be granted until the student achieves the required cumulative grade point average. If the summer term is not sufficient to raise the grade point average to the required renewal level, the student's next opportunity for renewal is the fall semester of the following academic year; or. 3. If a student is receiving a Florida Bright Futures Scholarship and is also a member of the Florida National Guard or United States Reserves while attending a postsecondary institution, and is called to active duty or state active duty, as defined in s. 250.82, prior to completing his or her degree and meets all other requirements for the scholarship, the student shall be eligible to continue the scholarship for 2 years after completing active duty. Section 24. This act shall take effect upon becoming a law. ================= T I T L E A M E N D M E N T ================= Remove the entire title, and insert: A bill to be entitled An act relating to military affairs; creating pt. IV of ch. 250, F.S., the "Florida Uniformed Servicemembers Protection Act"; providing a popular name; providing legislative intent; providing definitions; providing for applicability of specified federal laws to servicemembers when serving on active duty or state active duty; providing for jurisdiction of the courts; providing for construction of pt. IV of ch. 250, F.S.; providing for Page 26 of 29
747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 incorporation by reference of various provisions of Florida Statutes within the Florida Uniformed Servicemembers Protection Act; amending s. 83.43, F.S.; defining "servicemember," "active duty," and "state active duty" for purposes of the Florida Residential Landlord and Tenant Act; creating s. 83.575, F.S.; providing that a rental agreement having a specific duration may require the tenant to give notice before vacating the premises; limiting the maximum amount of required notice; providing for liquidated damages in specified circumstances; providing tenant liability for paying additional rent in specified circumstances; amending s. 83.64, F.S.; prohibiting retaliatory action by a landlord for termination of a rental agreement by a servicemember; amending s. 83.67, F.S.; prohibiting a landlord from discriminating against a servicemember in offering a dwelling unit for rent or in any of the terms of a rental agreement; providing for applicability of remedies to servicemembers who are prospective tenants and the subject of such discrimination; amending s. 83.682, F.S.; providing conditions under which a servicemember may terminate his or her rental agreement; revising terminology; revising liability of a servicemember in the event of early termination of a tenancy; amending s. 115.02, F.S.; revising provisions with respect to the granting of a leave of absence to an officer; amending s. 115.08, F.S.; revising the definition of "active military service" and "period of active military service" and providing a definition of "servicemember"; amending s. Page 27 of 29
776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 115.09, F.S.; requiring the granting of leave of absence for state, county, and municipal officials who are servicemembers; repealing s. 115.10, F.S., relating to granting and denial of leave of absence for public officials by the Governor; amending s. 115.12, F.S.; revising provisions relating to rights during leave to provide that the employing authority must adhere to the provisions of the federal Uniformed Services Employment and Reemployment Rights Act; amending s. 115.13, F.S.; revising provisions relating to resumption of official duties; amending s. 115.14, F.S.; requiring the granting of leave of absence for state, county, and municipal employees; revising provisions with respect to supplemental pay for reservist officials and employees called to active military service; requiring an employing authority to continue to provide all health insurance and other existing benefits; amending s. 115.15, F.S.; providing for applicability of the federal Uniformed Services Employment and Reemployment Rights Act; amending s. 320.07, F.S.; exempting servicemembers from penalties for expiration of mobile home and motor vehicle registrations when such registrations expire while the servicemember is serving on active duty; creating s. 364.195, F.S.; providing requirements and procedure with respect to termination of a telecommunications service contract by a servicemember; creating s. 468.4339, F.S.; requiring the inclusion of information relating to rights of servicemembers under the Florida Uniformed Servicemembers Protection Act within continuing education Page 28 of 29
805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 requirements for community association managers; creating s. 475.1821, F.S.; requiring the inclusion of information relating to rights of servicemembers under the Florida Uniformed Servicemembers Protection Act within continuing education requirements for renewal of licensure as a real estate broker, broker-salesperson, or salesperson; creating s. 520.14, F.S.; providing requirements and procedure with respect to the termination of a retail installment contract for leasing a motor vehicle by a servicemember; amending s. 627.7283, F.S.; requiring motor vehicle insurance companies to refund the entire unearned portion of a premium upon cancellation of motor vehicle insurance by a servicemember when the servicemember is required to move pursuant to specified orders; creating s. 689.27, F.S.; providing definitions; providing requirements and procedure with respect to the termination of an agreement to purchase real property by a servicemember; amending s. 1009.531, F.S.; extending the eligibility period for the Florida Bright Futures Scholarship Program for students who enlist in the armed forces or reserves immediately after completion of high school; amending s. 1009.532, F.S.; providing eligibility for continuation of Florida Bright Futures Scholarships for students attending postsecondary institutions who are also servicemembers and are called to active duty or active state duty; providing an effective date. Page 29 of 29