HB 321 — Evictions During Emergency Conditions

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 321 2020 A bill to be entitled An act relating to aevictions declaredduring stateemergency ofconditions; emergency;

creatingamending s.

48.205,83.62, F.S.;

prohibiting specifieda servicesheriff from serving or executing a writ of processpossession duringuntil a declaredspecified statetime ofon emergency;certain premises that are under a hurricane watch or hurricane warning;

providingtolling immunitythe fromnotice liabilityperiod for a writ of possession issued on certain persons;premises that are under a hurricane watch or hurricane warning;

providing a definition;

creating s.

83.684, F.S.;

tolling specified time periods for certain evictions;

requiring a court to stay certain eviction proceedings under certain circumstances;

providing a definition;

SectionSubsection 48.205,(1) of section 83.62, Florida Statutes, is createdamended to read:

48.20583.62 ServiceRestoration of processpossession duringto alandlord.— state(1) ofIn emergency.—an Aaction writ,for process,possession, warrant,after order,entry orof judgment relating to a residential eviction, as provided in partfavor II of chapterthe 83,landlord, maythe notclerk beshall servedissue or executed during a statewrit ofto emergencythe declaredsheriff bydescribing the Presidentpremises ofand commanding the Unitedsheriff Statesto orput the Governorlandlord orin governingpossession bodyafter of24 ahours' politicalnotice subdivisionconspicuously ofposted on the statepremises. under chapter 252.

This(a) prohibitionThe issheriff effectivemay fornot upserve toor 15execute daysa afterwrit theof expirationpossession oron terminationa ofpremises thein statea ofcounty emergency,that oris ifunder thea statehurricane ofwatch emergencyor ishurricane extendedwarning issued by the applicableNational authority,Weather upService tountil 155 days after the expiration or termination of Pagethe 1hurricane ofwatch 2or CODING:hurricane warning.

Page 1 of 2 CODING:

hb0321-00hb0321-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 321 2020 (b) Saturdays, Sundays, and legal holidays do not stay the extension.24-hour notice period.

AHowever, sheriffif orthe otherpremises personis authorizedlocated toin makea servicecounty ofthat processis under thea Floridahurricane Ruleswatch ofor Civilhurricane Procedurewarning isissued notby liablethe forNational failingWeather toService, servethe or24-hour executenotice suchperiod writ,is process,tolled warrant,until order,5 ordays judgmentafter duringthe termination of the emergencyhurricane declarationwatch period.or hurricane warning.

For purposes of this section, the term "emergency declaration period" includes the period of time stated in the declaration of the state of emergency, and any extensions thereof, and up to 15 days after the expiration of such period of time.

Section 83.684, Florida Statutes, is created to read:

83.684 Actions for rent or possession during a state of emergency.— A declaration of a state of emergency issued by the President of the United States or the Governor or governing body of a political subdivision of the state under chapter 252, tolls any statutory time periods relating to the eviction of a residential tenant under this part during the emergency declaration period.

The court shall on its own motion stay any eviction proceeding under this part during the emergency declaration period.

For purposes of this section, the term "emergency declaration period" includes the period of time stated in the declaration of the state of emergency, and any extensions thereof, and up to 15 days after the expiration of such period of time.

Section 3.

hb0321-00hb0321-01-c1