Bill Amendment: FL S0612 | 2018 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Residential Tenancies

Status: 2018-03-10 - Died in Judiciary [S0612 Detail]

Download: Florida-2018-S0612-Senate_Committee_Amendment_251524.html

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       Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 612
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Community Affairs (Steube) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 83.684, Florida Statutes, is created to
    6  read:
    7         83.684 Florida Tenant Notification Act.—
    8         (1) As used in this section, the term:
    9         (a) “Credit card theft” means an offense listed in s.
   10  817.60.
   11         (b) “Crime involving violence” means an offense involving
   12  the use or threat of physical force or violence against an
   13  individual, including, but not limited to, a violent felony
   14  listed in s. 775.084(1)(c)1.
   15         (c) “Employee” has the same meaning as in s. 440.02(15)(a).
   16         (d) “Sexual battery” has the same meaning as in s. 794.011.
   17         (2)(a) A landlord may require any of his or her current or
   18  potential employees who have or will have access to a premises
   19  to undergo a level 1 background screening pursuant to s. 435.03
   20  at the expense of the landlord.
   21         (b) A current or potential employee who refuses to undergo
   22  the background screening required under paragraph (a) may be
   23  terminated or disqualified for employment by the landlord.
   24         (3)(a) A rental agreement or rental agreement renewal must
   25  contain a prominent written disclosure expressly stating whether
   26  the landlord has required any of his or her current or potential
   27  employees to undergo the background screening required under
   28  paragraph (2)(a). If the landlord has required such screening,
   29  such disclosure must also state:
   30         1. The date of the background screening.
   31         2. The full name and job description of the current
   32  employee, or the full name and anticipated job description of
   33  the potential employee, whose background screening results
   34  indicated that he or she was convicted of:
   35         a. Credit card theft;
   36         b. A crime involving violence; or
   37         c. Sexual battery.
   38         (b) The written disclosure shall also contain a prominent
   39  acknowledgement of receipt that shall be signed by the tenant in
   40  the presence of a witness. A rental agreement or rental
   41  agreement renewal is not complete until such acknowledgement is
   42  signed. Such disclosure and acknowledgment shall be maintained
   43  by the landlord within the tenant’s file and be made available
   44  to the tenant upon request.
   45         (4) A tenant may, within 3 business days after completing a
   46  rental agreement or rental agreement renewal and upon written
   47  notice to the landlord, terminate such agreement or renewal and
   48  receive a refund of all deposit money without penalty if such
   49  agreement or renewal disclosed, and the tenant acknowledged,
   50  that any of the landlord’s current or potential employees were
   51  convicted of an offense listed in subparagraph (3)(a)2.
   52         (5)(a) A rental agreement or rental agreement renewal is
   53  void, and a tenant may, at any time after completing it and upon
   54  written notice to the landlord, terminate such agreement or
   55  renewal if:
   56         1. It failed to disclose that any of the landlord’s current
   57  employees were convicted of an offense listed in subparagraph
   58  (3)(a)2.; or
   59         2. Within 5 business days after its completion, the
   60  landlord hired an employee who was convicted of an offense
   61  listed in subparagraph (3)(a)2.
   62         (b) If a tenant terminates a rental agreement or rental
   63  agreement renewal pursuant to paragraph (a), he or she shall
   64  receive a refund of all deposit money without penalty,
   65  including, but not limited to, any early termination fees, and
   66  all further obligations of the tenant under such agreement or
   67  renewal are void. However, the tenant is responsible for any
   68  physical damage he or she caused to a premises.
   69         Section 2. This act shall take effect July 1, 2018.
   70  
   71  ================= T I T L E  A M E N D M E N T ================
   72  And the title is amended as follows:
   73         Delete everything before the enacting clause
   74  and insert:
   75                        A bill to be entitled                      
   76         An act relating to residential tenancies; creating s.
   77         83.684, F.S.; providing definitions; authorizing
   78         landlords to require certain employees to undergo
   79         level 1 background screenings; providing for the
   80         termination or disqualification of certain employees;
   81         requiring a written disclosure and signed
   82         acknowledgement of receipt in rental agreements and
   83         rental agreement renewals; providing requirements for
   84         such disclosure and acknowledgement; authorizing
   85         tenants to terminate such agreements and renewals
   86         under certain circumstances; requiring deposit money
   87         to be refunded to tenants upon such termination;
   88         providing that tenants are responsible for any damage
   89         he or she caused to the premises; providing an
   90         effective date.