October 15, 2019
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Senate Bill 0570

Senate Bill sb0570

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                   SB 570

    By Senator Fasano





    11-624-03

  1                      A bill to be entitled

  2         An act relating to termination of rental

  3         agreements by members of the United States

  4         Armed Forces; amending s. 83.682, F.S.;

  5         removing provisions requiring the payment of

  6         liquidated damages to the landlord under

  7         certain circumstances upon termination of a

  8         rental agreement; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Section 83.682, Florida Statutes, is

13  amended to read:

14         83.682  Termination of rental agreement by a member of

15  the United States Armed Forces.--

16         (1)(a)  Any member of the United States Armed Forces

17  who is required to move pursuant to permanent change of

18  station orders to depart 35 miles or more from the location of

19  a rental premises or who is prematurely or involuntarily

20  discharged or released from active duty with the United States

21  Armed Forces may terminate his or her rental agreement by

22  providing the landlord with a written notice of termination to

23  be effective on the date stated in the notice that is at least

24  30 days after the landlord's receipt of the notice. The notice

25  to the landlord must be accompanied by either a copy of the

26  official military orders or a written verification signed by

27  the member's commanding officer.

28         (b)  In the event a member of the United States Armed

29  Forces dies during active duty, an adult member of his or her

30  immediate family may terminate the member's rental agreement

31  by providing the landlord with a written notice of termination

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                   SB 570
    11-624-03




 1  to be effective on the date stated in the notice that is at

 2  least 30 days after the landlord's receipt of the notice.  The

 3  notice to the landlord must be accompanied by either a copy of

 4  the official military orders or a written verification signed

 5  by the member's Commanding Officer.

 6         (2)  Upon termination of a rental agreement under this

 7  section, the tenant is liable for the rent due under the

 8  rental agreement prorated to the effective date of the

 9  termination payable at such time as would have otherwise been

10  required by the terms of the rental agreement. The tenant is

11  not liable for any other rent or damages due to the early

12  termination of the tenancy except the liquidated damages

13  provided in this section. If a tenant terminates the rental

14  agreement pursuant to this section 14 or more days prior to

15  occupancy, no damages or penalties of any kind are due.

16         (3)  In consideration of early termination of the

17  rental agreement, the tenant is liable to the landlord for

18  liquidated damages provided the tenant has completed less than

19  9 months of the tenancy and the landlord has suffered actual

20  damages due to loss of the tenancy. The liquidated damages

21  must be no greater than 1 month's rent if the tenant has

22  completed less than 6 months of the tenancy as of the

23  effective date of termination, or one-half of 1 month's rent

24  if the tenant has completed at least 6 but not less than 9

25  months of the tenancy as of the effective date of termination.

26         (3)(4)  The provisions of this section may not be

27  waived or modified by the agreement of the parties under any

28  circumstances.

29         Section 2.  This act shall take effect upon becoming a

30  law.

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                   SB 570
    11-624-03




 1            *****************************************

 2                          SENATE SUMMARY

 3    Deletes provisions that require the payment of liquidated
      damages to a landlord under limited circumstances when a
 4    member of the United States Armed Forces is required to
      move or dies during active duty.
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CODING: Words stricken are deletions; words underlined are additions.

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