Florida Senate - 2019                                     SB 620
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-01199-19                                             2019620__
    1                        A bill to be entitled                      
    2         An act relating to military affairs; amending s.
    3         83.49, F.S.; prohibiting a landlord from requiring a
    4         prospective tenant who is a servicemember to deposit
    5         or advance more than a certain amount of funds;
    6         amending s. 83.682, F.S.; providing an additional
    7         circumstance under which a servicemember may terminate
    8         a rental agreement; amending s. 163.3175, F.S.;
    9         revising applicability with respect to certain
   10         military installations; amending s. 197.572, F.S.;
   11         providing that the title to certain lands remains
   12         subject to an easement to prevent encroachment of
   13         military installations after a tax sale or the
   14         issuance of a tax certificate in foreclosure
   15         proceedings; amending s. 288.980, F.S.; revising the
   16         definition of the term “activities”; amending s.
   17         570.71, F.S.; prohibiting certain construction or
   18         activities that are incompatible with the mission of a
   19         military installation on certain land under a rural
   20         lands-protection easement; amending s. 1003.05, F.S.;
   21         requiring public schools to accept a permanent change
   22         of station order as proof of residency for certain
   23         programs; amending s. 1009.21, F.S.; revising when
   24         active duty members of the Armed Services of the
   25         United States are classified as residents for tuition
   26         purposes; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (10) is added to section 83.49,
   31  Florida Statutes, to read:
   32         83.49 Deposit money or advance rent; duty of landlord and
   33  tenant.—
   34         (10)If the tenant is a servicemember, a landlord may not
   35  require payment of a security deposit or advance rent that
   36  exceeds, in the aggregate, the total sum of rent that would be
   37  due in a 60-day period under the rental agreement.
   38         Section 2. Subsection (1) of section 83.682, Florida
   39  Statutes, is amended to read:
   40         83.682 Termination of rental agreement by a servicemember.—
   41         (1) Any servicemember may terminate his or her rental
   42  agreement by providing the landlord with a written notice of
   43  termination to be effective on the date stated in the notice
   44  that is at least 30 days after the landlord’s receipt of the
   45  notice if any of the following criteria are met:
   46         (a) The servicemember is required, pursuant to a permanent
   47  change of station orders, to move 35 miles or more from the
   48  location of the rental premises.;
   49         (b) The servicemember is prematurely or involuntarily
   50  discharged or released from active duty or state active duty.;
   51         (c) The servicemember is released from active duty or state
   52  active duty after having leased the rental premises while on
   53  active duty or state active duty status and the rental premises
   54  is 35 miles or more from the servicemember’s home of record
   55  prior to entering active duty or state active duty.;
   56         (d) After entering into a rental agreement, the
   57  servicemember receives military orders requiring him or her to
   58  move into government quarters or the servicemember becomes
   59  eligible to live in and opts to move into government quarters or
   60  privatized military housing.;
   61         (e) The servicemember receives temporary duty orders,
   62  temporary change of station orders, or state active duty orders
   63  to an area 35 miles or more from the location of the rental
   64  premises, provided such orders are for a period exceeding 60
   65  days.; or
   66         (f) The servicemember has leased the property, but prior to
   67  taking possession of the rental premises, receives a change of
   68  orders to an area that is 35 miles or more from the location of
   69  the rental premises.
   70         Section 3. Present paragraphs (m) and (n) of subsection (2)
   71  of section 163.3175, Florida Statutes, are redesignated as
   72  paragraphs (n) and (o), respectively, and a new paragraph (m)
   73  and paragraph (p) are added to that subsection, to read:
   74         163.3175 Legislative findings on compatibility of
   75  development with military installations; exchange of information
   76  between local governments and military installations.—
   77         (2) Certain major military installations, due to their
   78  mission and activities, have a greater potential for
   79  experiencing compatibility and coordination issues than others.
   80  Consequently, this section and the provisions in s.
   81  163.3177(6)(a), relating to compatibility of land development
   82  with military installations, apply to specific affected local
   83  governments in proximity to and in association with specific
   84  military installations, as follows:
   85         (m) Naval Support Activity Orlando, including Bugg Spring
   86  and Naval Ordnance Test Unit, associated with Orange County and
   87  Orlando.
   88         (p) United States Southern Command, associated with Miami
   89  Dade County and Doral.
   90         Section 4. Section 197.572, Florida Statutes, is amended to
   91  read:
   92         197.572 Easements for conservation purposes, prevention of
   93  encroachment of military installations, public service purposes,
   94  support of certain improvements, or drainage or ingress and
   95  egress survive tax sales and deeds.—When any lands are sold for
   96  the nonpayment of taxes, or any tax certificate is issued
   97  thereon by a governmental unit or agency or pursuant to any tax
   98  lien foreclosure proceeding, the title to the lands shall
   99  continue to be subject to any easement for conservation purposes
  100  as provided in s. 704.06, for the purpose of preventing the
  101  encroachment of military installations as provided in s.
  102  288.980(2), or for telephone, telegraph, pipeline, power
  103  transmission, or other public service purpose; and shall
  104  continue to be subject to any easement that supports
  105  improvements that may be constructed above the lands; and any
  106  easement for the purposes of drainage or of ingress and egress
  107  to and from other land. The easement and the rights of the owner
  108  of it shall survive and be enforceable after the execution,
  109  delivery, and recording of a tax deed, a master’s deed, or a
  110  clerk’s certificate of title pursuant to foreclosure of a tax
  111  deed, tax certificate, or tax lien, to the same extent as though
  112  the land had been conveyed by voluntary deed. The easement must
  113  be evidenced by written instrument recorded in the office of the
  114  clerk of the circuit court in the county where such land is
  115  located before the recording of such tax deed or master’s deed,
  116  or, if not recorded, an easement for a public service purpose
  117  must be evidenced by wires, poles, or other visible occupation,
  118  an easement for drainage must be evidenced by a waterway, water
  119  bed, or other visible occupation, and an easement for the
  120  purpose of ingress and egress must be evidenced by a road or
  121  other visible occupation to be entitled to the benefit of this
  122  section; however, this shall apply only to tax deeds issued
  123  after the effective date of this act.
  124         Section 5. Paragraph (b) of subsection (3) of section
  125  288.980, Florida Statutes, is amended to read:
  126         288.980 Military base retention; legislative intent; grants
  127  program.—
  128         (3)
  129         (b) The term “activities” as used in this section means
  130  studies, presentations, analyses, plans, and modeling,
  131  marketing, advocacy, sponsorships, outreach, and military
  132  related community support events. For the purposes of the
  133  Florida Defense Infrastructure Grant Program, the term
  134  “activities” also includes, but is not limited to, construction,
  135  land purchases, and easements. Staff salaries are not considered
  136  an “activity” for which grant funds may be awarded. Travel costs
  137  and costs incidental thereto incurred by a grant recipient shall
  138  be considered an “activity” for which grant funds may be
  139  awarded.
  140         Section 6. Subsection (3) and paragraph (a) of subsection
  141  (5) of section 570.71, Florida Statutes, are amended to read:
  142         570.71 Conservation easements and agreements.—
  143         (3) Rural-lands-protection easements shall be a perpetual
  144  right or interest in agricultural land which is appropriate to
  145  retain such land in predominantly its current state and to
  146  prevent the subdivision and conversion of such land into other
  147  uses. This right or interest in property shall prohibit only the
  148  following:
  149         (a) Construction or placing of buildings, roads, billboards
  150  or other advertising, utilities, or structures, except those
  151  structures and unpaved roads necessary for the agricultural
  152  operations on the land or structures necessary for other
  153  activities allowed under the easement, and except for linear
  154  facilities described in s. 704.06(11).;
  155         (b) Subdivision of the property.;
  156         (c) Dumping or placing of trash, waste, or offensive
  157  materials.; and
  158         (d) Activities that affect the natural hydrology of the
  159  land or that detrimentally affect water conservation, erosion
  160  control, soil conservation, or fish or wildlife habitat, except
  161  those required for environmental restoration; federal, state, or
  162  local government regulatory programs; or best management
  163  practices.
  164         (e)Construction of structures or other activities that are
  165  incompatible with the mission of a military installation, when
  166  the land lies within an area identified as a clear zone or an
  167  accident potential zone or within Military Influence Planning
  168  Area 1 or 2 as established in the Joint Land Use Study of the
  169  installation.
  170         (5) Agricultural protection agreements shall be for terms
  171  of 30 years and will provide payments to landowners having
  172  significant natural areas on their land. Public access and
  173  public recreational opportunities may be negotiated at the
  174  request of the landowner.
  175         (a) For the length of the agreement, the landowner shall
  176  agree to prohibit all of the following:
  177         1. Construction or placing of buildings, roads, billboards
  178  or other advertising, utilities, or structures, except those
  179  structures and unpaved roads necessary for the agricultural
  180  operations on the land or structures necessary for other
  181  activities allowed under the easement, and except for linear
  182  facilities described in s. 704.06(11).;
  183         2. Subdivision of the property.;
  184         3. Dumping or placing of trash, waste, or offensive
  185  materials.; and
  186         4. Activities that affect the natural hydrology of the
  187  land, or that detrimentally affect water conservation, erosion
  188  control, soil conservation, or fish or wildlife habitat.
  189         5.Construction of structures or other activities that are
  190  incompatible with the mission of a military installation, when
  191  the land lies within an area identified as a clear zone or an
  192  accident potential zone or within Military Influence Planning
  193  Area 1 or 2 as established in the Joint Land Use Study of the
  194  installation.
  195         Section 7. Subsection (4) is added to section 1003.05,
  196  Florida Statutes, and subsection (3) of that section is
  197  republished, to read:
  198         1003.05 Assistance to transitioning students from military
  199  families.—
  200         (3) Dependent children of active duty military personnel
  201  who otherwise meet the eligibility criteria for special academic
  202  programs offered through public schools shall be given first
  203  preference for admission to such programs even if the program is
  204  being offered through a public school other than the school to
  205  which the student would generally be assigned. If such a program
  206  is offered through a public school other than the school to
  207  which the student would generally be assigned, the parent or
  208  guardian of the student must assume responsibility for
  209  transporting the student to that school. For purposes of this
  210  subsection, special academic programs include magnet schools,
  211  advanced studies programs, advanced placement, dual enrollment,
  212  Advanced International Certificate of Education, and
  213  International Baccalaureate.
  214         (4) Public schools must accept a permanent change of
  215  station order that relocates a military family to a local
  216  military installation as proof of residency for all public
  217  school authorized programs including, but not limited to, the
  218  programs listed in subsection (3).
  219         Section 8. Paragraphs (a) and (b) of subsection (10) of
  220  section 1009.21, Florida Statutes, are amended to read:
  221         1009.21 Determination of resident status for tuition
  222  purposes.—Students shall be classified as residents or
  223  nonresidents for the purpose of assessing tuition in
  224  postsecondary educational programs offered by charter technical
  225  career centers or career centers operated by school districts,
  226  in Florida College System institutions, and in state
  227  universities.
  228         (10) The following persons shall be classified as residents
  229  for tuition purposes:
  230         (a) Active duty members of the Armed Services of the United
  231  States residing or stationed in this state at the time of
  232  acceptance, their spouses, and dependent children, and active
  233  drilling members of the Florida National Guard.
  234         (b) Active duty members of the Armed Services of the United
  235  States and their spouses and dependents attending a Florida
  236  College System institution or state university within 50 miles
  237  of the military establishment where they are stationed at the
  238  time of acceptance to a Florida College System institution or
  239  state university, if such military establishment is within a
  240  county contiguous to Florida.
  241         Section 9. This act shall take effect July 1, 2019.