Florida Senate - 2018 CS for SB 612 By the Committee on Community Affairs; and Senator Steube 578-01796-18 2018612c1 1 A bill to be entitled 2 An act relating to residential tenancies; creating s. 3 83.684, F.S.; providing definitions; authorizing 4 landlords to require certain employees to undergo 5 level 1 background screenings; providing for the 6 termination or disqualification of certain employees; 7 requiring a written disclosure and signed 8 acknowledgement of receipt in rental agreements and 9 rental agreement renewals; providing requirements for 10 such disclosure and acknowledgement; authorizing 11 tenants to terminate such agreements and renewals 12 under certain circumstances; requiring deposit money 13 to be refunded to tenants upon such termination; 14 providing that tenants are responsible for any damage 15 he or she caused to the premises; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 83.684, Florida Statutes, is created to 21 read: 22 83.684 Florida Tenant Notification Act.— 23 (1) As used in this section, the term: 24 (a) “Credit card theft” means an offense listed in s. 25 817.60. 26 (b) “Crime involving violence” means an offense involving 27 the use or threat of physical force or violence against an 28 individual, including, but not limited to, a violent felony 29 listed in s. 775.084(1)(c)1. 30 (c) “Employee” has the same meaning as in s. 440.02(15)(a). 31 (d) “Sexual battery” has the same meaning as in s. 794.011. 32 (2)(a) A landlord may require any of his or her current or 33 potential employees who have or will have access to a premises 34 to undergo a level 1 background screening pursuant to s. 435.03 35 at the expense of the landlord. 36 (b) A current or potential employee who refuses to undergo 37 the background screening required under paragraph (a) may be 38 terminated or disqualified for employment by the landlord. 39 (3)(a) A rental agreement or rental agreement renewal must 40 contain a prominent written disclosure expressly stating whether 41 the landlord has required any of his or her current or potential 42 employees to undergo the background screening required under 43 paragraph (2)(a). If the landlord has required such screening, 44 such disclosure must also state: 45 1. The date of the background screening. 46 2. The full name and job description of the current 47 employee, or the full name and anticipated job description of 48 the potential employee, whose background screening results 49 indicated that he or she was convicted of: 50 a. Credit card theft; 51 b. A crime involving violence; or 52 c. Sexual battery. 53 (b) The written disclosure shall also contain a prominent 54 acknowledgement of receipt that shall be signed by the tenant in 55 the presence of a witness. A rental agreement or rental 56 agreement renewal is not complete until such acknowledgement is 57 signed. Such disclosure and acknowledgment shall be maintained 58 by the landlord within the tenant’s file and be made available 59 to the tenant upon request. 60 (4) A tenant may, within 3 business days after completing a 61 rental agreement or rental agreement renewal and upon written 62 notice to the landlord, terminate such agreement or renewal and 63 receive a refund of all deposit money without penalty if such 64 agreement or renewal disclosed, and the tenant acknowledged, 65 that any of the landlord’s current or potential employees were 66 convicted of an offense listed in subparagraph (3)(a)2. 67 (5)(a) A rental agreement or rental agreement renewal is 68 void, and a tenant may, at any time after completing it and upon 69 written notice to the landlord, terminate such agreement or 70 renewal if: 71 1. It failed to disclose that any of the landlord’s current 72 employees were convicted of an offense listed in subparagraph 73 (3)(a)2.; or 74 2. Within 5 business days after its completion, the 75 landlord hired an employee who was convicted of an offense 76 listed in subparagraph (3)(a)2. 77 (b) If a tenant terminates a rental agreement or rental 78 agreement renewal pursuant to paragraph (a), he or she shall 79 receive a refund of all deposit money without penalty, 80 including, but not limited to, any early termination fees, and 81 all further obligations of the tenant under such agreement or 82 renewal are void. However, the tenant is responsible for any 83 physical damage he or she caused to a premises. 84 Section 2. This act shall take effect July 1, 2018.