SB 612 — Residential Tenancies

Florida Senate - 2018 CS for SB 612 By Senatorthe SteubeCommittee 23-00814-18on 2018612__Community AAffairs; bill to be entitled An act relating to sexual offenders;

and Senator Steube 578-01796-18 2018612c1 A bill to be entitled An act relating to residential tenancies;

83.495,83.684, F.S.;

providing adefinitions; short title;

definingauthorizing terms;landlords to require certain employees to undergo level 1 background screenings;

requiringproviding thatfor allthe residentialtermination rentalor agreementsdisqualification of a certain durationemployees; contain a distinct and prominent disclosure statement regarding the employment of sexual offenders;

requiring thata thewritten disclosure statementand containsigned an acknowledgement of receipt to be signed by the tenant in therental presenceagreements ofand arental witness;agreement renewals;

requiringproviding therequirements disclosurefor statementsuch todisclosure be maintained within the tenant file and availableacknowledgement; to the tenant upon request;

providingauthorizing thattenants theto rentalterminate agreementsuch isagreements notand completerenewals untilunder thecertain acknowledgementcircumstances; of receipt in the disclosure statement has been signed by the tenant;

authorizingrequiring adeposit tenantmoney to cancelbe therefunded agreement within a specified period of time and to receivetenants aupon refundsuch oftermination; all deposit moneys without penalty if the agreement disclosed the employment of a sexual offender;

authorizingproviding athat tenanttenants toare voidresponsible afor rental agreement at any timedamage ifhe suchor disclosureshe wascaused notto made;the premises;

requiring that all deposit moneys less a deduction for certain damages be returned to the tenant upon the tenant’s request under such circumstances;

requiring the disclosure statement, including the acknowledgement of receipt, to be updated upon renewal of a residential rental agreement;

2918 Be It Enacted by the Legislature of the State of Florida:

3120 Section 1. Section 83.495,83.684, Florida Statutes, is created to read:

83.495 Duty83.684 Florida toTenant warn residential rental tenants of a sex offender with access to premises.— (1) This section may be cited as “The Florida Sex Offender Rental Notification Act.”Act.— (2) As(1) As used in this section, the term:

(a) “Employee”(a) “Credit includescard antheft” owner, landlord, manager, and maintenance or other personnel who have or are entitled to have access by key, access code, or other means ofan entryoffense intolisted ain rentals. residence.

(b) “Sexual817.60. offender” has the same meaning as in s.

943.0435(1)(h)1.a.(I).(b) “Crime involving violence” means an offense involving the use or threat of physical force or violence against an individual, including, but not limited to, a violent felony listed in s.

(3) All775.084(1)(c)1. residential rental agreements having a duration of five or more consecutive days must contain a distinct and prominent disclosure statement that advises the tenant of all of the following:

(a) Whether(c) “Employee” allhas employeesthe havesame beenmeaning screenedas forin offenses qualifying under s.

943.0435,440.02(15)(a). and, if so, whether they are subject to annual rescreening.

(b) The(d) “Sexual manner,battery” method,has and date of all employee screenings performed pursuant to this section, including the jurisdictionssame searched,meaning foras offensesin qualifyings. under 943.0435.

(c) The794.011. results of the screening, specifically identifying the name, job description, and offense of any employee who is a sexual offender.

(4) The(2)(a) A disclosurelandlord statementmay mustrequire containany anof acknowledgementhis ofor receipther tocurrent beor signedpotential byemployees thewho tenanthave inor thewill presencehave ofaccess to a witness.premises to undergo a level 1 background screening pursuant to s.

The435.03 disclosureat statement must be maintained within the tenantexpense fileof and available to the tenantlandlord. upon request.

(5) A(b) A residentialcurrent rentalor agreementpotential thatemployee iswho subjectrefuses to thisundergo sectionthe isbackground notscreening deemedrequired completeunder untilparagraph the(a) tenantmay signsbe theterminated acknowledgementor ofdisqualified receiptfor containedemployment inby the disclosurelandlord. statement.

(6) If(3)(a) A therental disclosureagreement statementor identifiesrental anagreement employeerenewal asmust contain a sexualprominent offender,written adisclosure tenantexpressly maystating cancelwhether the residentiallandlord rentalhas agreementrequired withinany 3of businesshis daysor afterher completingcurrent it,or andpotential allemployees depositto moneysundergo mustthe bebackground returnedscreening torequired theunder tenantparagraph without(2)(a). penalty.

(7) AIf residential rental agreement is voidable by the tenantlandlord athas anyrequired timesuch ifscreening, thesuch disclosure statementmust failedalso tostate: disclose the employment of a sexual offender who was employed at the time that the disclosure statement was prepared.

In1. The thedate eventof the residentialbackground rentalscreening. agreement is voided, all deposit moneys, less any amount payable for physical damage to the property caused by the tenant, must be returned to the tenant upon his or her request without penalty and without regard to any remaining tenant obligation under the rental agreement.

(8) The2. The disclosurefull statementname requiredand injob thisdescription section,of includingthe current employee, or the acknowledgementfull name and anticipated job description of receipt,the mustpotential beemployee, updatedwhose uponbackground renewalscreening ofresults aindicated residentialthat rentalhe agreement.or she was convicted of:

a. Credit card theft;

b. A crime involving violence;

or c. Sexual battery.

(b) The written disclosure shall also contain a prominent acknowledgement of receipt that shall be signed by the tenant in the presence of a witness.

A rental agreement or rental agreement renewal is not complete until such acknowledgement is signed.

Such disclosure and acknowledgment shall be maintained by the landlord within the tenant’s file and be made available to the tenant upon request.

(4) A tenant may, within 3 business days after completing a rental agreement or rental agreement renewal and upon written notice to the landlord, terminate such agreement or renewal and receive a refund of all deposit money without penalty if such agreement or renewal disclosed, and the tenant acknowledged, that any of the landlord’s current or potential employees were convicted of an offense listed in subparagraph (3)(a)2.

(5)(a) A rental agreement or rental agreement renewal is void, and a tenant may, at any time after completing it and upon written notice to the landlord, terminate such agreement or renewal if:

1. It failed to disclose that any of the landlord’s current employees were convicted of an offense listed in subparagraph (3)(a)2.;