3 Bills Important to Multifamily Industry Pass State Legislature; Maintenance Exemption Tabled

Florida’s 2015 legislative session entered a state of limbo on day 57, when the house abruptly adjourned, leaving the senate only able to pass bills that had previously passed the house. The senate postponed action on one of Florida Apartment Association’s priority bills, the maintenance exemption in HB 915/SB 1232, effectively tabling it for this session. The bill sponsored by Sen. Wilton Simpson and Rep. Dane Eagle had passed the house and had been scheduled to be heard in the senate on Wednesday, April 29. 

Nonetheless, the FAA is pleased that three other bills important to our constituency passed both the state Senate and House of Representatives in this legislative session. These bills are awaiting the governor's signature to become law. 

• HB 071, sponsored by Rep. Jimmie T. Smith, mandates that a service animal be kept under control of its handler and authorizes the removal of an animal from an apartment community if the animal is not under the handler's control, is not housebroken, or poses a serious threat to others. The bill also strengthens the penalties for falsely claiming a pet is a service animal, making the offense a misdemeanor punishable by a fine or community service or both.

• SB 656, sponsored by Sen. Jack Latvala, reforms the current process for evicting a transient occupant of a property (an occupant who is not on a lease and is not a permanent resident of the property). The bill would alleviate the need for a court order to remove the transient, and would allow a law enforcement official to eject the occupant immediately on grounds of criminal trespass, as long as the current lease holder or owner filed a sworn affidavit regarding possession of the property.  

• HB 779, sponsored by Rep. Mia Jones, creates a state level solution to the now-expired federal ''Protecting Tenants in Foreclosure Bill.'' The bill requires that a new owner of a recently foreclosed property give tenants a notice to vacate the residence at least 30 days before the purchaser intends to occupy the residence. In situations in which a lease exists and the purchaser does not intend to occupy the residence, the tenant can continue to stay until the end of the lease. This bill continues the practice that a lease supersedes a foreclosure, unless the new owner intends to occupy the property.

After May 1, all passed bills will be sent to the governor to be signed into law. FAA does not expect any of its legislation to be vetoed by the governor.

Additionally, Senate Bill 586, sponsored by Sen. Charles Dean, which deals with affordable housing will be heard during a special session in June. The special session is required for the legislature to pass the Florida budget for 2016. Florida statute requires the legislature to pass a balanced budget annually; if a budget is not agreed upon by July 1, Florida will enter a government shutdown.