HB 1475 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to military affairs; creating pt. IV of
13	ch. 250, F.S., the "Florida Uniformed Servicemembers
14	Protection Act"; providing a popular name; providing
15	legislative intent; providing for applicability of
16	specified federal laws to servicemembers when serving on
17	active duty or state active duty; providing for
18	jurisdiction of the courts; providing for construction of
19	pt. IV of ch. 250, F.S.; amending s. 83.43, F.S.; defining
20	"servicemember," "active duty," and "state active duty"
21	for purposes of the Florida Residential Landlord and
22	Tenant Act; amending s. 83.64, F.S.; prohibiting
23	retaliatory action by a landlord for termination of a
24	rental agreement by a servicemember; amending s. 83.67,
25	F.S.; prohibiting a landlord from discriminating against a
26	servicemember in offering a dwelling unit for rent or in
27	any of the terms of a rental agreement; providing for
28	applicability of remedies to servicemembers who are
29	prospective tenants and the subject of such
30	discrimination; amending s. 83.682, F.S.; providing
31	conditions under which a servicemember may terminate his
32	or her rental agreement; revising terminology; revising
33	liability of a servicemember in the event of early
34	termination of a tenancy; amending s. 115.02, F.S.;
35	revising provisions with respect to the granting of a
36	leave of absence to an officer; amending s. 115.08, F.S.;
37	revising the definition of "active military service" and
38	"period of active military service" and providing a
39	definition of "servicemember"; amending s. 115.09, F.S.;
40	requiring the granting of leave of absence for state,
41	county, and municipal officials who are servicemembers;
42	repealing s. 115.10, F.S., relating to granting and denial
43	of leave of absence for public officials by the Governor;
44	amending s. 115.12, F.S.; revising provisions relating to
45	rights during leave to provide that the employing
46	authority must adhere to the provisions of the federal
47	Uniformed Services Employment and Reemployment Rights Act;
48	amending s. 115.13, F.S.; revising provisions relating to
49	resumption of official duties; amending s. 115.14, F.S.;
50	requiring the granting of leave of absence for state,
51	county, and municipal employees; revising provisions with
52	respect to supplemental pay for reservist officials and
53	employees called to active military service; requiring an
54	employing authority to continue to provide all health
55	insurance and other existing benefits; amending s. 115.15,
56	F.S.; providing for applicability of the federal Uniformed
57	Services Employment and Reemployment Rights Act; amending
58	s. 250.01, F.S.; providing definitions; amending s.
59	320.07, F.S.; exempting servicemembers from penalties for
60	expiration of mobile home and motor vehicle registrations
61	when such registrations expire while the servicemember is
62	serving on active duty or state active duty; creating s.
63	364.195, F.S.; providing requirements and procedure with
64	respect to termination of a telecommunications service
65	contract by a servicemember; creating s. 520.14, F.S.;
66	providing requirements and procedure with respect to the
67	termination of a retail installment contract for leasing a
68	motor vehicle by a servicemember; amending s. 627.7283,
69	F.S.; requiring motor vehicle insurance companies to
70	refund the entire unearned portion of a premium upon
71	cancellation of motor vehicle insurance by a servicemember
72	when the servicemember is required to move pursuant to
73	specified orders; creating s. 689.27, F.S.; providing
74	definitions; providing requirements and procedure with
75	respect to the termination of an agreement to purchase
76	real property by a servicemember; amending s. 1009.531,
77	F.S.; extending the eligibility period for the Florida
78	Bright Futures Scholarship Program for students who enlist
79	in the armed forces or reserves immediately after
80	completion of high school; amending s. 1009.532, F.S.;
81	providing eligibility for continuation of Florida Bright
82	Futures Scholarships for students attending postsecondary
83	institutions who are also Florida National Guard or United
84	States Reserves servicemembers and are called to active
85	duty or active state duty; providing an effective date.
86
87	WHEREAS, the United States is once again experiencing the
88	mobilization and deployment of U.S. military troops, and
89	WHEREAS, while our military personnel are devoting their
90	entire energy to the needs of our nation, we must ensure that
91	the men and women of the United States military and their
92	families are protected at home, and
93	WHEREAS, the additional protections and benefits provided
94	by this act are necessary and proper given the sacrifice of our
95	men and women in uniform and their families, NOW, THEREFORE,
96
97	Be It Enacted by the Legislature of the State of Florida:
98
99	Section 1. Part IV of chapter 250, Florida Statutes,
100	consisting of sections 250.80, 250.81, 250.82, 250.83, and
101	250.84, is created to read:
102	PART IV
103	FLORIDA UNIFORMED SERVICEMEMBERS PROTECTION ACT
104	250.80 Popular name.--Sections 250.80-250.84 may be known
105	by the popular name the "Florida Uniformed Servicemembers
106	Protection Act."
107	250.81 Legislative intent.--It is the intent of the
108	Legislature that men and women who serve in the Florida National
109	Guard, the United States Armed Forces, and Armed Forces Reserves
110	understand their rights under applicable state and federal laws.
111	Further, it is the intent of the Legislature that Florida
112	residents and businesses understand the rights afforded to the
113	men and women who volunteer their time and sacrifice their lives
114	to protect the freedoms granted by the Constitutions of the
115	United States and the State of Florida.
116	250.82 Applicability of federal law.--
117	(1) Florida law provides certain protections to members of
118	the United States Armed Forces, the United States Reserve
119	Forces, and the Florida National Guard in various legal
120	proceedings and contractual relationships. In addition to these
121	state provisions, federal law also contains protections, such as
122	those provided in the Soldiers' and Sailors' Civil Relief Act
123	(SSCRA), Title 50, Appendix United States Code, Section 501, et
124	seq., and the Uniformed Services Employment and Reemployment
125	Rights Act (USERRA), Title 38 United States Code, Chapter 43,
126	that are applicable to members in every state even though such
127	provisions are not specifically identified under state law.
128	(2) To the extent allowed by federal law, the state courts
129	shall have concurrent jurisdiction for enforcement over all
130	causes of action arising from the provisions of federal law and
131	may award a remedy as provided therein.
132	250.83 Construction of part.--In the event that any other
133	provision of law conflicts with SSCRA, USERRA, or the provisions
134	of this chapter, the provisions of SSCRA, USERRA, or the
135	provisions of this chapter, whichever is applicable, shall
136	control. Nothing in this part shall construe rights or
137	responsibilities not provided under the SSCRA, USERRA, or this
138	chapter.
139	250.84 Florida Uniformed Servicemembers Protection Act;
140	rights of servicemembers; incorporation by reference.--
141	(1)(a) It is the intent of the Legislature to ensure that
142	those individuals affected by the provisions of the Florida
143	Uniformed Servicemembers Protection Act be made aware of the
144	rights and responsibilities of servicemembers. The Department
145	of Military Affairs shall make available a document containing
146	the rights and responsibilities of servicemembers set forth in
147	Florida Statutes, either through printed or electronic means, to
148	appropriate state or local organizations composed of parties
149	affected by said rights, including, but not limited to, those
150	representing:
151	1. Motor vehicle dealers.
152	2. Financial institutions and mortgage brokers.
153	3. Telecommunications service companies.
154	4. Residential tenancies.
155	5. Real estate salespersons and brokers.
156	6. Members of the Florida Bar Association who serve on a
157	military affairs-related committee.
158	(b) The Department of Military Affairs shall also make
159	available a document containing the rights and responsibilities
160	of servicemembers set forth in Florida Statutes, either through
161	printed or electronic means, to servicemembers and their
162	families.
163	(c) Such documents containing the rights and
164	responsibilities of servicemembers set forth in this act shall
165	include an enumeration of all rights and responsibilities under
166	state and federal law, including, but not limited to:
167	1. The rights and responsibilities provided by the Florida
168	Uniformed Servicemembers Protection Act, including a listing of
169	all sections of Florida Statutes relating to servicemembers.
170	2. The rights and responsibilities provided by the
171	Soldiers' and Sailors' Civil Relief Act.
172	3. The rights and responsibilities provided by the
173	Uniformed Servicemembers Employment and Reemployment Rights Act.
174	Section 2. Subsections (14), (15), and (16) are added to
175	section 83.43, Florida Statutes, to read:
176	83.43 Definitions.--As used in this part, the following
177	words and terms shall have the following meanings unless some
178	other meaning is plainly indicated:
179	(14) "Servicemember" shall have the same meaning as
180	provided in s. 250.01.
181	(15) "Active duty" shall have the same meaning as provided
182	in s. 250.01.
183	(16) “State active duty” shall have the same meaning as
184	provided in s. 250.01.
185	Section 3. Subsection (1) of section 83.64, Florida
186	Statutes, is amended to read:
187	83.64 Retaliatory conduct.--
188	(1) It is unlawful for a landlord to discriminatorily
189	increase a tenant's rent or decrease services to a tenant, or to
190	bring or threaten to bring an action for possession or other
191	civil action, primarily because the landlord is retaliating
192	against the tenant. In order for the tenant to raise the defense
193	of retaliatory conduct, the tenant must have acted in good
194	faith. Examples of conduct for which the landlord may not
195	retaliate include, but are not limited to, situations where:
196	(a) The tenant has complained to a governmental agency
197	charged with responsibility for enforcement of a building,
198	housing, or health code of a suspected violation applicable to
199	the premises;
200	(b) The tenant has organized, encouraged, or participated
201	in a tenants' organization; or
202	(c) The tenant has complained to the landlord pursuant to
203	s. 83.56(1); or.
204	(d) The tenant is a servicemember who has terminated a
205	rental agreement pursuant to s. 83.682.
206	Section 4. Section 83.67, Florida Statutes, is amended to
207	read:
208	83.67 Prohibited practices.--
209	(1) No landlord of any dwelling unit governed by this part
210	shall cause, directly or indirectly, the termination or
211	interruption of any utility service furnished the tenant,
212	including, but not limited to, water, heat, light, electricity,
213	gas, elevator, garbage collection, or refrigeration, whether or
214	not the utility service is under the control of, or payment is
215	made by, the landlord.
216	(2) No landlord of any dwelling unit governed by this part
217	shall prevent the tenant from gaining reasonable access to the
218	dwelling unit by any means, including, but not limited to,
219	changing the locks or using any bootlock or similar device.
220	(3) No landlord of any dwelling unit governed by this part
221	shall discriminate against a servicemember in offering a
222	dwelling unit for rent or in any of the terms of the rental
223	agreement.
224	(4)(3)No landlord of any dwelling unit governed by this
225	part shall remove the outside doors, locks, roof, walls, or
226	windows of the unit except for purposes of maintenance, repair,
227	or replacement; nor shall the landlord remove the tenant's
228	personal property from the dwelling unit unless said action is
229	taken after surrender, abandonment, or a lawful eviction. If
230	provided in the rental agreement or a written agreement separate
231	from the rental agreement, upon surrender or abandonment by the
232	tenant, the landlord is not required to comply with s. 715.104
233	and is not liable or responsible for storage or disposition of
234	the tenant's personal property; if provided in the rental
235	agreement there must be printed or clearly stamped on such
236	rental agreement a legend in substantially the following form:
237
238	BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON
239	SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA
240	STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR
241	STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
242
243	For the purposes of this section, abandonment shall be as set
244	forth in s. 83.59(3)(c).
245	(5)(4)A landlord who violates the provisions of this
246	section shall be liable to the tenant for actual and
247	consequential damages or 3 months' rent, whichever is greater,
248	and costs, including attorney's fees. Subsequent or repeated
249	violations which are not contemporaneous with the initial
250	violation shall be subject to separate awards of damages.
251	(6)(5)A violation of this section shall constitute
252	irreparable harm for the purposes of injunctive relief.
253	(7)(6)The remedies provided by this section are not
254	exclusive and shall not preclude the tenant from pursuing any
255	other remedy at law or equity which the tenant may have. The
256	remedies provided by this section shall also apply to a
257	servicemember who is a prospective tenant who has been
258	discriminated against under subsection (3).
259	Section 5. Section 83.682, Florida Statutes, is amended to
260	read:
261	83.682 Termination of rental agreement by a servicemember
262	member of the United States Armed Forces.--
263	(1)(a) Any servicemembermember of the United States Armed
264	Forces who is required to move pursuant to permanent change of
265	station orders to depart 35 miles or more from the location of a
266	rental premises or who is prematurely or involuntarily
267	discharged or released from active duty with the United States
268	Armed Forcesmay terminate his or her rental agreement by
269	providing the landlord with a written notice of termination to
270	be effective on the date stated in the notice that is at least
271	30 days after the landlord's receipt of the notice if any of the
272	following criteria are met:.
273	(a) The servicemember is required, pursuant to a permanent
274	change of station orders, to move 35 miles or more from the
275	location of the rental premises;
276	(b) The servicemember is prematurely or involuntarily
277	discharged or released from active duty or state active duty;
278	(c) The servicemember is released from active duty or
279	state active duty after having leased the rental premises while
280	on active duty or state active duty status and the rental
281	premises is 35 miles or more from the servicemember’s home of
282	record prior to entering active duty or state active duty;
283	(d) After entering into a rental agreement, the
284	servicemember receives military orders requiring him or her to
285	move into government quarters or the servicemember becomes
286	eligible to live in and opts to move into government quarters;
287	(e) The servicemember receives temporary duty orders,
288	temporary change of station orders, or state active duty orders
289	to an area 35 miles or more from the location of the rental
290	premises, provided such orders are for a period exceeding 60
291	days; or
292	(f) The servicemember has leased the property, but prior
293	to taking possession of the rental premises, receives a change
294	of orders to an area that is 35 miles or more from the location
295	of the rental premises.
296	(2)The notice to the landlord must be accompanied by
297	either a copy of the official military orders or a written
298	verification signed by the servicemember'smember'scommanding
299	officer.
300	(3)(b) In the event a servicemembermember of the United
301	States Armed Forcesdies during active duty, an adult member of
302	his or her immediate family may terminate the servicemember's
303	member'srental agreement by providing the landlord with a
304	written notice of termination to be effective on the date stated
305	in the notice that is at least 30 days after the landlord's
306	receipt of the notice. The notice to the landlord must be
307	accompanied by either a copy of the official military orders
308	showing the servicemember was on active dutyor a written
309	verification signed by the servicemember'smember'sCommanding
310	Officer and a copy of the servicemember’s death certificate.
311	(4)(2)Upon termination of a rental agreement under this
312	section, the tenant is liable for the rent due under the rental
313	agreement prorated to the effective date of the termination
314	payable at such time as would have otherwise been required by
315	the terms of the rental agreement. The tenant is not liable for
316	any other rent or damages due to the early termination of the
317	tenancy as provided for in this sectionexcept the liquidated
318	damages provided in this section. Notwithstanding any provision
319	of this section to the contrary,if a tenant terminates the
320	rental agreement pursuant to this section 14 or more days prior
321	to occupancy, no damages or penalties of any kind will be
322	assessableare due.
323	(3) In consideration of early termination of the rental
324	agreement, the tenant is liable to the landlord for liquidated
325	damages provided the tenant has completed less than 9 months of
326	the tenancy and the landlord has suffered actual damages due to
327	loss of the tenancy. The liquidated damages must be no greater
328	than 1 month's rent if the tenant has completed less than 6
329	months of the tenancy as of the effective date of termination,
330	or one-half of 1 month's rent if the tenant has completed at
331	least 6 but not less than 9 months of the tenancy as of the
332	effective date of termination.
333	(5)(4)The provisions of this section may not be waived or
334	modified by the agreement of the parties under any
335	circumstances.
336	Section 6. Section 115.02, Florida Statutes, is amended to
337	read:
338	115.02 Governor to grant application; proviso.--When any
339	such officer shall be granted a leave of absence pursuant to
340	this chaptervolunteer or be called into the service of the
341	United States during war, the Governor shall, upon application
342	being made by such officer, grant such officer leave of absence
343	during the time he or she shall be retained in such military
344	service; provided, such service shall not extend beyond the term
345	of office of such officer, in which event the office shall be
346	filled by election at the expiration thereof.
347	Section 7. Section 115.08, Florida Statutes, is amended to
348	read:
349	115.08 Definitions.--
350	(1) The term "active military service" as used in this
351	chapterlawshall signify active duty in the Florida defense
352	force or federal service in training or on active duty with any
353	branch of the Armed Forces or Reservists of the Armed Forces,
354	the Florida National GuardArmy of the United States, the United
355	States Navy, the Marine Corps of the United States, the Coast
356	Guard of the United States, and service of all officers of the
357	United States Public Health Service detailed by proper authority
358	for duty with the Armed Forceseither with the army or the navy,
359	and shall include the period during which a person in military
360	service is absent from duty on account of sickness, wounds,
361	leave, or other lawful cause.
362	(2) The term "period of active military service" as used
363	in this chapterlawshall begin with the date of entering upon
364	active military service, and shall terminate with death or a
365	date 30 days immediately next succeeding the date of release or
366	discharge from active military service, or upon return from
367	active military service, whichever shall occur first.
368	(3) The term “servicemember” as used in this chapter shall
369	have the same meaning as provided in s. 250.01.
370	Section 8. Section 115.09, Florida Statutes, is amended to
371	read:
372	115.09 Leave to public officials for military
373	service.--All officials of the state, the several counties of
374	the state, and the municipalities or political subdivisions of
375	the state, including district school and community college
376	officers, which officials are also servicemembersofficers or
377	enlisted personnelin the National Guard or a reserve component
378	of the Armed Forces of the United States, shallmay, subject to
379	the provisions and conditions hereafter set forth,be granted
380	leave of absence from their respective offices and duties to
381	perform active military service, the first 30 days of any such
382	leave of absence to be with full pay.
383	Section 9. Section 115.10, Florida Statutes, is repealed.
384	Section 10. Section 115.12, Florida Statutes, is amended
385	to read:
386	115.12 Rights during leave.--
387	(1)During such leave of absence such official shall be
388	entitled to preserve all seniority rights, efficiency ratings,
389	promotional status and retirement privileges. The period of
390	active military service shall, for purposes of computation to
391	determine whether such person may be entitled to retirement
392	under the laws of the state, be deemed continuous service in the
393	office of said official. While absent on such leave without pay,
394	said official shall not be required to make any contribution to
395	any retirement fund.
396	(2) The employing authority shall adhere to all the
397	provisions contained in the Uniformed Services Employment and
398	Reemployment Rights Act, chapter 43 of Title 38 U.S.C.
399	Section 11. Section 115.13, Florida Statutes, is amended
400	to read:
401	115.13 Resumption of official duties.--Upon said officer
402	terminating his or her active military service, he or she shall
403	immediatelyenter upon the duties of office for the unexpired
404	portion of the term for which he or she was elected or
405	appointed, in accordance with the limits provided under the
406	Uniformed Services Employment and Reemployment Rights Act,
407	chapter 43 of Title 38 U.S.C.
408	Section 12. Section 115.14, Florida Statutes, is amended
409	to read:
410	115.14 Employees.--All employees of the state, the several
411	counties of the state, and the municipalities or political
412	subdivisions of the state shallmay, in the discretion of the
413	employing authority of such employee,be granted leave of
414	absence under the terms of this law; upon such leave of absence
415	being granted said employee shall enjoy the same rights and
416	privileges as are hereby granted to officials under this law,
417	insofar as may be, including, without limitation, receiving full
418	pay for the first 30 days. Notwithstanding the provisions of s.
419	115.09, the employing authority may supplement the military pay
420	of its officials and employees who are reservists called to
421	active military service after the first 30 daysfor the first 30
422	days with full pay and, thereafter,in an amount necessary to
423	bring their total salary, inclusive of their base military pay,
424	to the level earned at the time they were called to active
425	military duty. The employing authority shallmay also, in its
426	discretion, continue to provide allanyhealth insurance and
427	other existing benefits to such officials and employees as
428	required by the Uniformed Services Employment and Reemployment
429	Rights Act, chapter 43 of Title 38 U.S.C.
430	Section 13. Section 115.15, Florida Statutes, is amended
431	to read:
432	115.15 Adoption of federal law for employees.--The
433	provisions of the Uniformed Services Employment and Reemployment
434	Rights Act, chapter 43 of Title 38 U.S.C., section 8 of chapter
435	720 Acts of Congress of the United States, approved September
436	16, 1940 (Title 50 App. Section 308, U.S.C.A.), insofar as it
437	relates to the reemployment of public employees granted a leave
438	of absence on active military duty under this law, shall be
439	applicable in this state and the refusal of any state, county,
440	or municipal official to comply therewith shall subject him or
441	her to removal from office.
442	Section 14. Section 250.01, Florida Statutes, is amended
443	to read:
444	(Substantial rewording of section. See
445	s. 250.01, F.S., for present text.)
446	250.01 Definitions.--As used in this chapter, the term:
447	(1) "Active duty" means full-time duty in active military
448	service of the United States. The term includes federal duty
449	such as full-time training, annual training, and attendance
450	while a person is in active military service or in a school
451	designated as a service school by law or by the secretary of the
452	applicable military department. The term does not mean full-time
453	duty in the National Guard.
454	(2) "State active duty" means full-time duty in active
455	military service of the State of Florida when ordered by the
456	Governor or Adjutant General in accordance with s. 250.06, s.
457	250.10, or s. 250.28 to preserve the public peace, execute the
458	laws of the state, suppress insurrection, repel invasion,
459	enhance security and respond to terrorist threats or attacks,
460	respond to an emergency as defined in s. 252.34 or to imminent
461	danger of an emergency, enforce the law, carry out counter-drug
462	operations, provide training, provide for the security of the
463	rights or lives of the public, protect property, or conduct
464	ceremonies. The term includes the duties of officers or enlisted
465	personnel who are employed under the order of the Governor in
466	recruiting; making tours of instruction; inspecting troops,
467	armories, storehouses, campsites, rifle ranges, or military
468	property; sitting on general or special courts-martial, boards
469	of examination, courts of inquiry, or boards of officers; or
470	making or assisting in physical examinations.
471
472	The terms shall also include the period during which a person in
473	active military service is absent from duty as a result of
474	illness, being wounded, being on leave, or other lawful cause.
475	(3) “SSCRA” means the Soldiers' and Sailors' Civil Relief
476	Act, Title 50, Appendix U.S.C. s. 501 et seq.
477	(4) “Servicemember” means any person serving as a member
478	of the United States Armed Forces on active duty or state active
479	duty and all members of the Florida National Guard and United
480	States Reserve Forces.
481	(5) “USERRA” means the Uniformed Services Employment and
482	Reemployment Rights Act, chapter 43 of Title 38 U.S.C.
483	Section 15. Paragraph (e) is added to subsection (3) of
484	section 320.07, Florida Statutes, present subsection (5) is
485	renumbered as subsection (6) and amended, and a new subsection
486	(5) is added to said section, to read:
487	320.07 Expiration of registration; annual renewal
488	required; penalties.--
489	(3) The operation of any motor vehicle without having
490	attached thereto a registration license plate and validation
491	stickers, or the use of any mobile home without having attached
492	thereto a mobile home sticker, for the current registration
493	period shall subject the owner thereof, if he or she is present,
494	or, if the owner is not present, the operator thereof to the
495	following penalty provisions:
496	(e) Any servicemember, as defined in s. 250.01, whose
497	mobile home registration has expired while serving on active
498	duty or state active duty shall not be charged with a violation
499	of this subsection if, at the time of the offense, the
500	servicemember was serving on active duty or state active duty 35
501	miles or more from the mobile home. The servicemember must
502	present to the department either a copy of the official military
503	orders or a written verification signed by the servicemember's
504	commanding officer to waive charges.
505	(5) Any servicemember, as defined in s. 250.01, whose
506	motor vehicle or mobile home registration has expired while
507	serving on active duty or state active duty, shall be able to
508	renew his or her registration upon return from active duty or
509	state active duty without penalty, if the servicemember served
510	on active duty or state active duty 35 miles or more from the
511	servicemember’s home of record prior to entering active duty or
512	state active duty. The servicemember must provide to the
513	department either a copy of the official military orders or a
514	written verification signed by the servicemember's commanding
515	officer to waive delinquent fees.
516	(6)(5)Delinquent fees imposed under this section shall
517	not be apportionable under the International Registration Plan.
518	Section 16. Section 364.195, Florida Statutes, is created
519	to read:
520	364.195 Termination of telecommunications service contract
521	by a servicemember.--
522	(1) Any servicemember, as defined in s. 250.01, may
523	terminate his or her telecommunications service contract by
524	providing the telecommunications company with a written notice
525	of termination, effective on the date specified in the notice,
526	which date shall be at least 30 days after receipt of the notice
527	by the telecommunications company, if any of the following
528	criteria are met:
529	(a) The servicemember is required, pursuant to a permanent
530	change of station orders, to move outside the area served by the
531	telecommunications company or to an area where the type of
532	telecommunications service being provided to the servicemember
533	is not available from the telecommunications company;
534	(b) The servicemember is discharged or released from
535	active duty or state active duty and will return from such duty
536	to an area not served by the telecommunications company or where
537	the type of telecommunications service contracted for is not
538	available from the telecommunications company;
539	(c) The servicemember is released from active duty or
540	state active duty after having entered into a contract for
541	telecommunications service while on active duty or state active
542	duty status and the telecommunications company does not provide
543	telecommunications service or the same type of
544	telecommunications service contracted for in the region of the
545	servicemember’s home of record prior to entering active duty or
546	state active duty;
547	(d) The servicemember receives military orders requiring
548	him or her to move outside the continental United States; or
549	(e) The servicemember receives temporary duty orders,
550	temporary change of station orders, or active duty or state
551	active duty orders to an area not served by the
552	telecommunications company or where the type of
553	telecommunications service contracted for is not available from
554	the telecommunications company, provided such orders are for a
555	period exceeding 60 days.
556	(2) The written notice to the telecommunications company
557	must be accompanied by either a copy of the official military
558	orders or a written verification signed by the servicemember's
559	commanding officer.
560	(3) Upon termination of a contract under this section, the
561	servicemember is liable for the amount due under the contract
562	prorated to the effective date of the termination payable at
563	such time as would have otherwise been required by the terms of
564	the contract. The servicemember is not liable for any other fees
565	due to the early termination of the contract as provided for in
566	this section.
567	(4) The provisions of this section may not be waived or
568	modified by the agreement of the parties under any
569	circumstances.
570	Section 17. Section 520.14, Florida Statutes, is created
571	to read:
572	520.14 Termination of retail installment contract for
573	leasing a motor vehicle by a servicemember.--
574	(1) Any servicemember, as defined in s. 250.01, may
575	terminate his or her retail installment contract for leasing a
576	motor vehicle by providing the sales finance company with a
577	written notice of termination, effective on the date specified
578	in the notice, which date shall be at least 30 days after the
579	receipt of the notice by the sales finance company, if any of
580	the following criteria are met:
581	(a) The servicemember is required, pursuant to a permanent
582	change of station, to move outside the continental United
583	States; or
584	(b) The servicemember receives temporary duty orders,
585	temporary change of station orders, or active duty orders
586	outside the continental United States, provided such orders are
587	for a period exceeding 60 days.
588	(2) The written notice to the sales finance company under
589	subsection (1) must be accompanied by either a copy of the
590	official military orders or a written verification signed by the
591	servicemember's commanding officer.
592	(3) Upon termination of a contract under this section, the
593	lessee is liable for the amount due under the contract, prorated
594	to the effective date of the termination, payable at such time
595	as would have otherwise been required by the terms of the
596	contract. The lessee is not liable for any other fees due to the
597	early termination of the contract as provided for in this
598	section.
599	(4) The provisions of this section may not be waived or
600	modified by the agreement of the parties under any
601	circumstances.
602	Section 18. Subsection (5) is added to section 627.7283,
603	Florida Statutes, to read:
604	627.7283 Cancellation; return of premium.—
605	(5) The insurer must refund 100 percent of the unearned
606	premium if the insured is a servicemember, as defined in s.
607	250.01, who cancels because he or she is called to active duty
608	or transferred by the United States Armed Forces to a location
609	where the insurance is not required. The insurer may require a
610	servicemember to submit either a copy of the official military
611	orders or a written verification signed by the servicemember's
612	commanding officer to support the refund authorized under this
613	subsection. If the insurer cancels, the insurer must refund 100
614	percent of the unearned premium. Cancellation is without
615	prejudice to any claim originating prior to the effective date
616	of the cancellation. For purposes of this section, unearned
617	premiums must be computed on a pro rata basis.
618	Section 19. Section 689.27, Florida Statutes, is created
619	to read:
620	689.27 Termination of agreement to purchase real property
621	by a servicemember.--
622	(1) Notwithstanding any other provisions of law and for
623	the purposes of this section:
624	(a) “Closing” means the finalizing of the sale of
625	property, upon which title to the property is transferred from
626	the seller to the buyer.
627	(b) “Contract” means an instrument purporting to contain
628	an agreement to purchase real property.
629	(c) “Property” means a house, condominium, or mobile home
630	that a servicemember intends to purchase to serve as his or her
631	primary residence.
632	(d) “Servicemember” shall have the same meaning as
633	provided in s. 250.01.
634	(2) Any servicemember may terminate a contract to purchase
635	property, prior to closing on such property, by providing the
636	seller or mortgagor of the property with a written notice of
637	termination to be effective immediately, if any of the following
638	criteria are met:
639	(a) The servicemember is required, pursuant to permanent
640	change of station orders received after entering into a contract
641	for the property and prior to closing, to move 35 miles or more
642	from the location of the property;
643	(b) The servicemember is released from active duty or
644	state active duty after having agreed to purchase the property
645	and prior to closing while serving on active duty or state
646	active duty status, and the property is 35 miles or more from
647	the servicemember’s home of record prior to entering active duty
648	or state active duty;
649	(c) Prior to closing, the servicemember receives military
650	orders requiring him or her to move into government quarters or
651	the servicemember becomes eligible to live in and opts to move
652	into government quarters; or
653	(d) Prior to closing, the servicemember receives temporary
654	duty orders, temporary change of station orders, or active duty
655	or state active duty orders to an area 35 miles or more from
656	the location of the property, provided such orders are for a
657	period exceeding 90 days.
658	(3) The notice to the seller or mortgagor canceling the
659	contract must be accompanied by either a copy of the official
660	military orders or a written verification signed by the
661	servicemember's commanding officer.
662	(4) Upon termination of a contract under this section, the
663	seller or mortgagor or his or her agent shall refund any funds
664	provided by the servicemember under the contract within 7 days.
665	The servicemember is not liable for any other fees due to the
666	termination of the contract as provided for in this section.
667	(5) The provisions of this section may not be waived or
668	modified by the agreement of the parties under any
669	circumstances.
670	Section 20. Subsection (2) of section 1009.531, Florida
671	Statutes, is amended to read:
672	1009.531 Florida Bright Futures Scholarship Program;
673	student eligibility requirements for initial awards.—
674	(2) A student is eligible to accept an initial award for 3
675	years following high school graduation and to accept a renewal
676	award for 7 years following high school graduation. A student
677	who applies for an award by high school graduation and who meets
678	all other eligibility requirements, but who does not accept his
679	or her award, may reapply during subsequent application periods
680	up to 3 years after high school graduation. For a student who
681	enlists in the United States Armed Forces immediately after
682	completion of high school, the 3-year eligibility period for his
683	or her initial award shall begin upon the date of separation
684	from active duty. For a student who is receiving a Florida
685	Bright Futures Scholarship and discontinues his or her education
686	to enlist in the United States Armed Forces, the remainder of
687	his or her 7-year renewal period shall commence upon the date of
688	separation from active duty.
689	Section 21. Subsection (1) of section 1009.532, Florida
690	Statutes, is amended to read:
691	1009.532 Florida Bright Futures Scholarship Program;
692	student eligibility requirements for renewal awards.--
693	(1) To be eligible to renew a scholarship from any of the
694	three types of scholarships under the Florida Bright Futures
695	Scholarship Program, a student must:
696	(a) Complete at least 12 semester credit hours or the
697	equivalent in the last academic year in which the student earned
698	a scholarship.
699	(b) Maintain the cumulative grade point average required
700	by the scholarship program, except that:
701	1. If a recipient's grades fall beneath the average
702	required to renew a Florida Academic Scholarship, but are
703	sufficient to renew a Florida Medallion Scholarship or a Florida
704	Gold Seal Vocational Scholarship, the Department of Education
705	may grant a renewal from one of those other scholarship
706	programs, if the student meets the renewal eligibility
707	requirements; or
708	2. If, at any time during the eligibility period, a
709	student's grades are insufficient to renew the scholarship, the
710	student may restore eligibility by improving the grade point
711	average to the required level. A student is eligible for such a
712	reinstatement only once. The Legislature encourages education
713	institutions to assist students to calculate whether or not it
714	is possible to raise the grade point average during the summer
715	term. If the institution determines that it is possible, the
716	education institution may so inform the department, which may
717	reserve the student's award if funds are available. The renewal,
718	however, must not be granted until the student achieves the
719	required cumulative grade point average. If the summer term is
720	not sufficient to raise the grade point average to the required
721	renewal level, the student's next opportunity for renewal is the
722	fall semester of the following academic year; or.
723	3. If a student is receiving a Florida Bright Futures
724	Scholarship, is a servicemember of the Florida National Guard or
725	United States Reserves while attending a postsecondary
726	institution, is called to active duty or state active duty, as
727	defined in s. 250.01, prior to completing his or her degree, and
728	meets all other requirements for the scholarship, the student
729	shall be eligible to continue the scholarship for 2 years after
730	completing active duty or state active duty.
731	Section 22. This act shall take effect upon becoming a
732	law.