Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 612 Ì251524ÅÎ251524 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Steube) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 83.684, Florida Statutes, is created to 6 read: 7 83.684 Florida Tenant Notification Act.— 8 (1) As used in this section, the term: 9 (a) “Credit card theft” means an offense listed in s. 10 817.60. 11 (b) “Crime involving violence” means an offense involving 12 the use or threat of physical force or violence against an 13 individual, including, but not limited to, a violent felony 14 listed in s. 775.084(1)(c)1. 15 (c) “Employee” has the same meaning as in s. 440.02(15)(a). 16 (d) “Sexual battery” has the same meaning as in s. 794.011. 17 (2)(a) A landlord may require any of his or her current or 18 potential employees who have or will have access to a premises 19 to undergo a level 1 background screening pursuant to s. 435.03 20 at the expense of the landlord. 21 (b) A current or potential employee who refuses to undergo 22 the background screening required under paragraph (a) may be 23 terminated or disqualified for employment by the landlord. 24 (3)(a) A rental agreement or rental agreement renewal must 25 contain a prominent written disclosure expressly stating whether 26 the landlord has required any of his or her current or potential 27 employees to undergo the background screening required under 28 paragraph (2)(a). If the landlord has required such screening, 29 such disclosure must also state: 30 1. The date of the background screening. 31 2. The full name and job description of the current 32 employee, or the full name and anticipated job description of 33 the potential employee, whose background screening results 34 indicated that he or she was convicted of: 35 a. Credit card theft; 36 b. A crime involving violence; or 37 c. Sexual battery. 38 (b) The written disclosure shall also contain a prominent 39 acknowledgement of receipt that shall be signed by the tenant in 40 the presence of a witness. A rental agreement or rental 41 agreement renewal is not complete until such acknowledgement is 42 signed. Such disclosure and acknowledgment shall be maintained 43 by the landlord within the tenant’s file and be made available 44 to the tenant upon request. 45 (4) A tenant may, within 3 business days after completing a 46 rental agreement or rental agreement renewal and upon written 47 notice to the landlord, terminate such agreement or renewal and 48 receive a refund of all deposit money without penalty if such 49 agreement or renewal disclosed, and the tenant acknowledged, 50 that any of the landlord’s current or potential employees were 51 convicted of an offense listed in subparagraph (3)(a)2. 52 (5)(a) A rental agreement or rental agreement renewal is 53 void, and a tenant may, at any time after completing it and upon 54 written notice to the landlord, terminate such agreement or 55 renewal if: 56 1. It failed to disclose that any of the landlord’s current 57 employees were convicted of an offense listed in subparagraph 58 (3)(a)2.; or 59 2. Within 5 business days after its completion, the 60 landlord hired an employee who was convicted of an offense 61 listed in subparagraph (3)(a)2. 62 (b) If a tenant terminates a rental agreement or rental 63 agreement renewal pursuant to paragraph (a), he or she shall 64 receive a refund of all deposit money without penalty, 65 including, but not limited to, any early termination fees, and 66 all further obligations of the tenant under such agreement or 67 renewal are void. However, the tenant is responsible for any 68 physical damage he or she caused to a premises. 69 Section 2. This act shall take effect July 1, 2018. 70 71 ================= T I T L E A M E N D M E N T ================ 72 And the title is amended as follows: 73 Delete everything before the enacting clause 74 and insert: 75 A bill to be entitled 76 An act relating to residential tenancies; creating s. 77 83.684, F.S.; providing definitions; authorizing 78 landlords to require certain employees to undergo 79 level 1 background screenings; providing for the 80 termination or disqualification of certain employees; 81 requiring a written disclosure and signed 82 acknowledgement of receipt in rental agreements and 83 rental agreement renewals; providing requirements for 84 such disclosure and acknowledgement; authorizing 85 tenants to terminate such agreements and renewals 86 under certain circumstances; requiring deposit money 87 to be refunded to tenants upon such termination; 88 providing that tenants are responsible for any damage 89 he or she caused to the premises; providing an 90 effective date.