Senate Bill 184, Chapter 2016-242, Effective 7/1/16 (Rental Application by Servicemember)
A new Section 83.683, Florida Statutes, provides that if a condominium, cooperative or homeowners’ association must approve a prospective tenant, the community association must: (i) complete processing of a rental application submitted by a servicemember, as defined in Section 250.01, Florida Statutes, within 7 days after submission; and (ii) within such 7 day period, notify the servicemember in writing of the approval or denial of the rental application.
Section 250.01, Florida Statutes defines a “servicemember” as, “any person serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces.” See definitions of “active duty” and “state active duty” below.
If the community association denies the rental application, the written notification must specify the reason for denial.
Absent timely denial of the rental application, the community association must allow the owner to lease to the servicemember.
The owner, prospective tenant and the community association may not waive or modify Section 83.683, Florida Statutes under any circumstances.
The statute does not obligate the servicemember to notify the community association of his or her status. Community associations should modify their rental application form to add an area in which the applicant can state whether he or she is, “serving as a member of the United States Armed Forces on active duty or state active duty and all members of the Florida National Guard and United States Reserve Forces.”
(1) “Active duty” means full-time duty in active military service of the United States. The term includes federal duty such as full-time training, annual training, and attendance while a person is in active military service or in a school designated as a service school by law or by the secretary of the applicable military department. The term does not mean full-time duty in the National Guard. The term shall also include the period during which a person in active military service is absent from duty as a result of illness, being wounded, being on leave, or other lawful cause.
(21) “State active duty” means full-time duty in active military service of the State of Florida when ordered by the Governor or Adjutant General in accordance with s. 250.06, s. 250.10, or s.250.28 to preserve the public peace, execute the laws of the state, suppress insurrection, repel invasion, enhance security and respond to terrorist threats or attacks, respond to an emergency as defined in s. 252.34 or to imminent danger of an emergency, enforce the law, carry out counter-drug operations, provide training, provide for the security of the rights or lives of the public, protect property, or conduct ceremonies. The term includes the duties of officers or enlisted personnel who are employed under the order of the Governor in recruiting; making tours of instruction; inspecting troops, armories, storehouses, campsites, rifle ranges, or military property; sitting on general or special courts-martial, boards of examination, courts of inquiry, or boards of officers; or making or assisting in physical examinations. The term shall also include the period during which a person in active military service is absent from duty as a result of illness, being wounded, being on leave, or other lawful cause.
House Bill 535, Chapter 2016-129, Effective 7/1/16 (Radio Strength High-Rise Buildings)
Section 633.202, Florida Statutes was amended to provide that all new and existing high-rise buildings must comply with minimum radio strength and two-way radio system enhancement communications required by the authority having jurisdiction. Existing buildings are not required to comply until January 1, 2022. However, by December 31, 2019, an existing, non-compliant building must apply for an appropriate permit for the required installation and must demonstrate that the building will become compliant by January 1, 2022.
“High-rise” is a building that is greater than 75’ in height, measured from the lowest level of fire department access to the floor of the highest occupiable level.