Florida Senate - 2015                                     SB 656
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-00454-15                                            2015656__
    1                        A bill to be entitled                      
    2         An act relating to landlords and tenants; amending s.
    3         83.42, F.S.; excluding transient occupancy in a
    4         dwelling unit or premises from the regulation of
    5         residential tenancies; amending s. 83.43, F.S.;
    6         revising the definition of the term “transient
    7         occupancy”; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Present subsections (4) and (5) of section
   12  83.42, Florida Statutes, are redesignated as subsections (5) and
   13  (6), respectively, and a new subsection (4) is added to that
   14  section, to read:
   15         83.42 Exclusions from application of part.—This part does
   16  not apply to:
   17         (4) Transient occupancy in a dwelling unit or premises.
   18         Section 2. Subsection (10) of section 83.43, Florida
   19  Statutes, is amended to read:
   20         83.43 Definitions.—As used in this part, the following
   21  words and terms shall have the following meanings unless some
   22  other meaning is plainly indicated:
   23         (10) “Transient occupancy” means occupancy that is intended
   24  by when it is the intention of the parties to that the occupancy
   25  will be temporary. There is a rebuttable presumption that, when
   26  the dwelling unit or premises is occupied by a person for 30
   27  days or less, the occupancy is transient and not subject to this
   28  act. If the dwelling unit or premises is occupied by a person
   29  for more than 30 days, factors that may be used in determining
   30  whether residency is transient include, but are not limited to:
   31         (a) The length of time the person occupies the property.
   32         (b) Whether the person has an ownership or financial
   33  interest in the property.
   34         (c) Whether the person is a subscriber to any of the
   35  utilities that are used on the property.
   36         (d) Whether the person uses the property address as an
   37  address of record with any governmental agency, including, but
   38  not limited to, the Department of Highway Safety and Motor
   39  Vehicles, the supervisor of elections, and the United States
   40  Postal Service.
   41         (e) Whether the person routinely receives United States
   42  mail at the property.
   43         (f) Whether the person has a written agreement or contract
   44  that entitles him or her to occupancy of the property.
   45         (g) Whether the rent paid by the person for his or her stay
   46  at the property is paid at fair market value. A person who makes
   47  minor contributions to household expenses, such as groceries,
   48  does not establish residency that is regulated under this part.
   49         (h) Whether the person has a designated space of his or her
   50  own, such as a room, on the property.
   51         Section 3. This act shall take effect July 1, 2015.