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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to residential tenancies; creating s. 2
83.455, F.S.; providing requirements for rental 3
agreements; requiring landlords to provide certain 4
information with rental agreements; amending s. 83.46, 5
F.S.; requiring a landlord to provide written no tice 6
of a rent increase to a tenant by a specified time; 7
requiring such notice to include an option for 8
mediation under certain circumstances; amending s. 9
83.47, F.S.; providing that certain provisions in a 10
rental agreement are void and unenforceable; amen ding 11
s. 83.48, F.S.; providing that a tenant has a cause of 12
action for actual and punitive damages; providing that 13
certain persons can bring a cause of action on behalf 14
of a tenant; amending s. 83.49, F.S.; deleting the 15
option for a landlord to deposit cer tain money into a 16
non-interest-bearing account; revising written notice 17
requirements to tenants; providing for damages if a 18
landlord fails to meet certain requirements; amending 19
s. 83.51, F.S.; requiring a landlord to inspect a 20
dwelling unit at a specified time to ensure compliance 21
with applicable codes; amending s. 83.54, F.S.; 22
requiring certain records be removed from a tenant's 23
credit report under certain circumstances; amending s. 24
83.56, F.S.; revising and providing grounds for 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
termination of a rental a greement; adjusting the 26
number of days a tenant has to vacate the premises 27
after a certain notice is delivered; providing that a 28
landlord may terminate a rental agreement if the 29
tenant fails to pay rent for a specified number of 30
days; amending s. 83.60, F. S.; deleting a requirement 31
that certain money be paid into the registry of the 32
court; amending s. 83.67, F.S.; prohibiting a landlord 33
from engaging in certain conduct; providing 34
definitions; conforming a cross -reference to changes 35
made by the act; creating s. 83.675, F.S.; providing 36
definitions; requiring a landlord to give tenants a 37
specified amount of time to purchase a dwelling unit 38
or premises under certain circumstances; providing 39
requirements for an offer of sale; authorizing a 40
tenant to challenge an offer of sale; creating s. 41
83.676, F.S.; providing definitions; prohibiting a 42
landlord from evicting a tenant or terminating a 43
rental agreement because the tenant or the tenant's 44
minor child is a victim of actual or threatened 45
domestic violence, dating vio lence, sexual violence, 46
or stalking; specifying that a rental agreement may 47
not contain certain provisions; authorizing a victim 48
of such actual or threatened violence or stalking to 49
terminate a rental agreement under certain 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
circumstances; requiring certai n documentation and 51
written notice to landlord; providing for liability 52
for rent for both the tenant and the perpetrator, if 53
applicable; specifying that a tenant does not forfeit 54
certain money paid to the landlord for terminating the 55
rental agreement under certain circumstances; 56
requiring a landlord to change the locks of the 57
dwelling unit within a specified period under certain 58
circumstances; authorizing the tenant to change the 59
locks of the dwelling unit under certain 60
circumstances; prohibiting certain ac tions by a 61
landlord under certain circumstances; amending s. 62
83.681, F.S.; conforming provisions to changes made by 63
the act; creating s. 83.684, F.S.; tolling specified 64
time periods for certain evictions; requiring a court 65
to stay certain eviction proceedi ngs; providing a 66
definition; prohibiting a landlord from evicting a 67
tenant or removing personal property under certain 68
circumstances; providing an effective date. 69
70
Be It Enacted by the Legislature of the State of Florida: 71
72
Section 1. Section 83.455 , Florida Statutes, is created to 73
read: 74
83.455 Rental agreements. — 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) Within 3 days after entering into, extending, or 76
renewing a rental agreement, a tenant must be provided a copy of 77
the rental agreement. The rental agreement must be written in 78
plain language and, at the tenant's request, translated into the 79
preferred language of the tenant. 80
(2) Notwithstanding any other provision of law, all rental 81
agreements entered into, extended, or renewed on or after July 82
1, 2022, must include the following pr ovisions: 83
(a) Before a private sale or transfer of title of the 84
dwelling unit or the premises on which the dwelling unit is 85
located, a landlord must provide the tenant with the right of 86
first refusal to purchase the dwelling unit or premises as 87
provided under s. 83.675. 88
(b) If a landlord chooses not to extend or renew a rental 89
agreement, he or she must provide the tenant a written 90
explanation for such decision. 91
(c) If a tenant has occupied the dwelling unit or premises 92
for longer than 6 months, the la ndlord may not terminate the 93
rental agreement without just cause. 94
(d) A state of emergency declared by the President of the 95
United States, the Governor, or a local authority tolls any 96
statutory time periods relating to the eviction of a residential 97
tenant under part II of chapter 83, who lives within the 98
geographic boundaries of the state of emergency, during the 99
emergency declaration period. For purposes of this paragraph, 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the term "emergency declaration period" includes the period of 101
time stated in the declaration of the state of emergency, and 102
any extensions thereof, and up to 15 days after the expiration 103
of such period of time. 104
(e) During a state of emergency declared by the President 105
of the United States, the Governor, or a local authority, a 106
tenant may install wind resistance improvements under s. 163.08, 107
to the dwelling unit. 108
Section 2. Subsection (4) is added to section 83.46, 109
Florida Statutes, to read: 110
83.46 Rent; duration of tenancies. — 111
(4) A landlord must provide to a tenant a written n otice, 112
by certified mail or hand delivery, of a planned rent increase 113
at least 30 days before the rental agreement renewal period. If 114
the rent increase is more than 5 percent, the landlord must 115
provide notice, by certified mail or hand delivery, at least 3 116
months before the rental agreement renewal period. If the rent 117
increase is more than 5 percent, the notice must also contain a 118
statement that the tenant may elect to participate in nonbinding 119
mediation by providing written notice to the landlord, by 120
certified mail or hand delivery, within 14 days after receipt of 121
the notice of the rent increase. For a tenancy without a 122
specific duration, the landlord must provide written notice, by 123
certified mail or hand delivery, of a planned rent increase 124
within the timeframes provided in s. 83.57. 125
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Section 3. Paragraph (c) is added to subsection (1) of 126
section 83.47, Florida Statutes, to read: 127
83.47 Prohibited provisions in rental agreements. — 128
(1) A provision in a rental agreement is void and 129
unenforceable to the extent that it: 130
(c) Purports that early termination of a rental agreement 131
because of an incident involving actual or threatened domestic 132
violence, dating violence, sexual violence, or stalking, in 133
which the tenant or the tenant's minor child is a victim and not 134
the perpetrator, is a breach of the rental agreement. 135
Section 4. Section 83.48, Florida Statutes, is amended to 136
read: 137
83.48 Cause of action; attorney fees.— 138
(1) A tenant specified in this chapter has a cause of 139
action in any court of compet ent jurisdiction to recover actual 140
and punitive damages for any violation of this part and for any 141
depravation or infringement of the rights of the tenant. A 142
tenant's guardian or the personal representative of a tenant's 143
estate may bring a cause of action under this part. 144
(2) In any civil action brought to enforce the provisions 145
of the rental agreement or this part, the party in whose favor a 146
judgment or decree has been rendered may recover reasonable 147
attorney fees and court costs from the nonprevailing p arty. The 148
right to attorney fees in this section may not be waived in a 149
lease agreement. However, attorney fees may not be awarded under 150
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this section in a claim for personal injury damages based on a 151
breach of duty under s. 83.51. 152
Section 5. Subsection s (1) through (3) and (5) through (9) 153
of section 83.49, Florida Statutes, are amended to read: 154
83.49 Deposit money or advance rent; duty of landlord and 155
tenant.— 156
(1) Whenever money is deposited or advanced by a tenant on 157
a rental agreement as security for performance of the rental 158
agreement or as advance rent for other than the next immediate 159
rental period, the landlord or the landlord's agent shall 160
either: 161
(a) Hold the total amount of such money in a separate non -162
interest-bearing account in a Florida banking institution for 163
the benefit of the tenant or tenants. The landlord shall not 164
commingle such moneys with any other funds of the landlord or 165
hypothecate, pledge, or in any other way make use of such moneys 166
until such moneys are actually due the land lord; 167
(a)(b) Hold the total amount of such money in a separate 168
interest-bearing account in a Florida banking institution for 169
the benefit of the tenant or tenants, in which case the tenant 170
shall receive and collect interest in an amount of at least 75 171
percent of the annualized average interest rate payable on such 172
account or interest at the rate of 5 percent at the end of the 173
calendar per year, simple interest, whichever the landlord 174
elects. The landlord may shall not commingle such moneys with 175
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any other funds of the landlord or hypothecate, pledge, or in 176
any other way make use of such moneys until such moneys are 177
actually due the landlord; or 178
(b)(c) Post a surety bond, executed by the landlord as 179
principal and a surety company authorized and licensed to do 180
business in the state as surety, with the clerk of the circuit 181
court in the county in which the dwelling unit is located in the 182
total amount of the security deposits and advance rent he or she 183
holds on behalf of the tenant tenants or $50,000, whichever is 184
less. The bond is shall be conditioned upon the faithful 185
compliance of the landlord with the provisions of this section 186
and runs shall run to the Governor for the benefit of any tenant 187
injured by the landlord's violation of the provisions of this 188
section. In addition to posting the surety bond, the landlord 189
shall pay to the tenant interest at the rate of 5 percent per 190
year, simple interest. A landlord, or the landlord's agent, 191
engaged in the renting of dwelling units in five or more 192
counties, who holds d eposit moneys or advance rent and who is 193
otherwise subject to the provisions of this section, may, in 194
lieu of posting a surety bond in each county, elect to post a 195
surety bond in the form and manner provided in this paragraph 196
with the office of the Secreta ry of State. The bond shall be in 197
the total amount of the security deposit or advance rent held on 198
behalf of the tenant tenants or in the amount of $250,000, 199
whichever is less. The bond is shall be conditioned upon the 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
faithful compliance of the landlord w ith the provisions of this 201
section and runs shall run to the Governor for the benefit of 202
any tenant injured by the landlord's violation of this section. 203
In addition to posting a surety bond, the landlord shall pay to 204
the tenant interest on the security dep osit or advance rent held 205
on behalf of that tenant at the rate of 5 percent per year , 206
simple interest. 207
(2) The landlord shall, in the rental lease agreement or 208
within 30 days after receipt of advance rent or a security 209
deposit, give written notice to the tenant which includes 210
disclosure of the advance rent or security deposit. Subsequent 211
to providing such written notice, if the landlord changes the 212
manner or location in which he or she is holding the advance 213
rent or security deposit, he or she must notify the tenant 214
within 30 days after the change as provided in paragraphs (a) -215
(d). The landlord is not required to give new or additional 216
notice solely because the depository has merged with another 217
financial institution, changed its name, or transferred 218
ownership to a different financial institution. This subsection 219
does not apply to any landlord who rents fewer than five 220
individual dwelling units. Failure to give this notice is not a 221
defense to the payment of rent when due. The written notice 222
must: 223
(a) Be given in person or by mail to the tenant. 224
(b) State the name and address of the depository where the 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
advance rent or security deposit is being held or state that the 226
landlord has posted a surety bond as provided by law. 227
(c) State that whether the tenant is entitled to interest 228
on the advance rent or security deposit and the amount of the 229
interest. 230
(d) Contain the following disclosure: 231
YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD 232
MAY TRANSFER ADVANCE RENTS TO THE LANDLORD'S A CCOUNT AS THEY ARE 233
DUE AND WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE 234
LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU 235
NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAIL YOU 236
NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLOR D'S 237
INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT 238
REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 239
15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE, THE LANDLORD 240
WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT 241
AND INTEREST, IF ANY. 242
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD 243
MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU 244
FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE 245
LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY L ATER FILE A 246
LAWSUIT CLAIMING A REFUND. 247
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE 248
FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT 249
IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
THE LOSING PARTY. 251
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 252
FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 253
OBLIGATIONS. 254
(3) The landlord or the landlord's agent may disburse 255
advance rents from the deposit account to the landlord's benefit 256
when the advance rental period commences and without notice to 257
the tenant. For all other deposits: 258
(a) Upon the vacating of the premises for termination of 259
the rental agreement lease, if the landlord does not intend to 260
impose a claim on the security deposit, the landlord shall have 261
15 days to return the security deposit together with interest 262
within 15 days after the tenant vacates the premises. if 263
otherwise required, or The landlord has shall have 30 days after 264
the tenant vacates the premises to give the tenant written 265
notice by certified mail to the tenant's last known mailing 266
address of his or her intention to impose a claim on the deposit 267
and the reason for imposing the claim. The notice shall contain 268
a statement in substantially the following form: 269
This is a notice of my intention to impose a claim for 270
damages in the amount of .... upon your security deposit, due to 271
..... It is sent to you as required by s. 83.49(3), Florida 272
Statutes. You are hereby notified that you must object in 273
writing to this deduction from you r security deposit within 15 274
days from the time you receive this notice or I will be 275
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authorized to deduct my claim from your security deposit. Your 276
objection must be sent to ...(landlord's address).... 277
If the landlord fails to give the required notice with in the 30-278
day period, he or she forfeits the right to impose a claim upon 279
the security deposit and may not seek a setoff against the 280
deposit but may file an action for damages after return of the 281
deposit. 282
(b) Unless the tenant objects to the imposition o f the 283
landlord's claim or the amount thereof within 15 days after 284
receipt of the landlord's notice of intention to impose a claim, 285
the landlord may then deduct the amount of his or her claim and 286
shall remit the balance of the deposit and any interest to the 287
tenant within 30 days after the date of the notice of intention 288
to impose a claim for damages. The failure of the tenant to make 289
a timely objection does not waive any rights of the tenant to 290
seek damages in a separate action. 291
(c) If either party instit utes an action in a court of 292
competent jurisdiction to adjudicate the party's right to the 293
security deposit, the prevailing party is entitled to receive 294
his or her court costs plus a reasonable fee for his or her 295
attorney. If a court finds that the landlor d failed to meet the 296
requirements of this section, the court shall award the tenant 297
damages equal to three times the amount of the tenant's security 298
deposit. The court shall advance the cause on the calendar. 299
(d) Compliance with this section by an individual or 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
business entity authorized to conduct business in this state, 301
including Florida-licensed real estate brokers and sales 302
associates, constitutes compliance with all other relevant 303
Florida Statutes pertain ing to security deposits held pursuant 304
to a rental agreement or other landlord -tenant relationship. 305
Enforcement personnel shall look solely to this section to 306
determine compliance. This section prevails over any conflicting 307
provisions in chapter 475 and in other sections of the Florida 308
Statutes, and shall operate to permit licensed real estate 309
brokers to disburse security deposits and deposit money without 310
having to comply with the notice and settlement procedures 311
contained in s. 475.25(1)(d). 312
(5) Except when otherwise provided by the terms of a 313
written rental agreement lease, any tenant who vacates or 314
abandons the premises before prior to the expiration of the term 315
specified in the written rental agreement lease, or any tenant 316
who vacates or abandons prem ises which are the subject of a 317
tenancy from week to week, month to month, quarter to quarter, 318
or year to year, shall give at least 7 days' written notice , 319
which notice shall include the address at which the tenant may 320
be reached, by certified mail or pers onal delivery to the 321
landlord before prior to vacating or abandoning the premises 322
which notice shall include the address where the tenant may be 323
reached. Failure to give such notice relieves shall relieve the 324
landlord of the notice requirement of paragraph (3)(a) but does 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
shall not waive any right the tenant may have to the security 326
deposit or interest or any part of it. 327
(6) For the purposes of this part, a renewal of an 328
existing rental agreement is shall be considered a new rental 329
agreement, and any secu rity deposit carried forward is shall be 330
considered a new security deposit. 331
(7) Upon the sale or transfer of title of the rental 332
property from one owner to another, or upon a change in the 333
designated rental agent, any and all security deposits or 334
advance rents being held for the benefit of the tenants shall be 335
transferred to the new owner or agent, together with any earned 336
interest and with an accurate accounting showing the amounts to 337
be credited to each tenant account. Upon the transfer of such 338
funds and records to the new owner or agent, and upon 339
transmittal of a written receipt therefor, the transferor is 340
free from the obligation imposed in subsection (1) to hold such 341
moneys on behalf of the tenant. There is a rebuttable 342
presumption that any new owner or agent received the security 343
deposit or advance rent from the previous owner or agent; 344
however, this presumption is limited to 1 month's rent. This 345
subsection does not excuse the landlord or agent for a violation 346
of other provisions of this section while in possession of such 347
deposits. 348
(8) Any person licensed under the provisions of s. 349
509.241, unless excluded by the provisions of this part, who 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
fails to comply with the provisions of this part is shall be 351
subject to a fine or to the suspension or revoca tion of his or 352
her license by the Division of Hotels and Restaurants of the 353
Department of Business and Professional Regulation in the manner 354
provided in s. 509.261. 355
(9) In those cases in which interest is required to be 356
paid to the tenant, The landlord shall pay directly to the 357
tenant, or credit against the current month's rent, the interest 358
due to the tenant at least once annually. However, no interest 359
may not be paid to shall be due a tenant who wrongfully 360
terminates his or her tenancy before prior to the end of the 361
rental term. 362
Section 6. Paragraph (a) of subsection (1) of section 363
83.51, Florida Statutes, is amended to read: 364
83.51 Landlord's obligation to maintain premises. — 365
(1) The landlord at all times during the tenancy shall: 366
(a) Comply with the requirements of applicable building, 367
housing, and health codes . The landlord, at commencement of the 368
tenancy, must inspect the dwelling unit to ensure compliance 369
with all applicable codes ; or 370
371
The landlord is not required to maintain a mobile home or other 372
structure owned by the tenant. The landlord's obligations under 373
this subsection may be altered or modified in writing with 374
respect to a single-family home or duplex. 375
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Section 7. Section 83.54, Florida Statutes, is amended to 376
read: 377
83.54 Enforcement of rights and duties; civil action; 378
criminal offenses.—Any right or duty declared in this part is 379
enforceable by civil action. A right or duty enforced by civil 380
action under this section does not preclude prosecution for a 381
criminal offense related to the rental agreement or rented 382
dwelling unit or premises. In an action brought by a tenant for 383
wrongful termination of a rental agreement, if the court finds 384
in favor of the tenant, any eviction complaint filed by the 385
landlord shall be dismissed and the court shall direct the 386
landlord to assist the tenant in having any record of such 387
filing removed from the tenant's credit report lease or leased 388
property. 389
Section 8. Subsections (2), (3), and (4) of section 83.56, 390
Florida Statutes, are amended to read : 391
83.56 Termination of rental agreement. — 392
(2)(a) A landlord must have good cause to terminate a 393
rental agreement. The following reasons constitute good cause 394
for termination of a rental agreement: 395
1. The destruction, damage, or misuse of the landlord 's or 396
other tenants' property by intentional act. 397
2. A tenant's disorderly conduct, as proscribed in s. 398
877.03, or continued unreasonable disturbance. 399
3. Failure of the tenant to comply with s. 83.52. 400
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4. A violation or breach of the landlord's reason able 401
rules and regulations, as provided and described to the tenant 402
before the execution of a rental agreement. 403
5. A violation or breach of covenants or agreements 404
contained in the rental agreement. 405
6. Use of the dwelling unit or premises for illegal 406
purposes or acts, including, but not limited to, the 407
manufacture, sale, or use of illegal drugs, theft of property, 408
or assault or threats on the landlord or his or her relatives, 409
as defined in s. 494.001, or employees. 410
7. The dwelling unit or premises are removed from the 411
rental market because the state, any political subdivision as 412
defined in s. 1.01(8), or other entity exercises its power of 413
eminent domain, the landlord seeks in good faith to permanently 414
remove the dwelling unit or premises from the rent al market, or 415
the landlord is converting the dwelling unit or premises from 416
the rental market to a condominium, cooperative, or fee simple 417
ownership. 418
8. The landlord seeks in good faith to recover possession 419
of the dwelling unit or premises for his or he r own use and 420
occupancy as a principal residence, or for the use and occupancy 421
as a principal residence by a relative, as defined in s. 422
494.001, of the landlord. 423
(b) If any situation specified in subparagraphs (a)1. -6. 424
exists the tenant materially fails to comply with s. 83.52 or 425
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material provisions of the rental agreement, other than a 426
failure to pay rent, or reasonable rules or regulations , the 427
landlord may: 428
1.(a) If the violation such noncompliance is of a nature 429
that the tenant should not be given a n opportunity to cure it or 430
if the violation noncompliance constitutes a subsequent or 431
continuing violation noncompliance within 12 months after of a 432
written warning by the landlord of a similar violation, deliver 433
a written notice to the tenant specifying the violation 434
noncompliance and the landlord's intent to terminate the rental 435
agreement by reason thereof. Examples of noncompliance which are 436
of a nature that the tenant should not be given an opportunity 437
to cure include, but are not limited to, destructi on, damage, or 438
misuse of the landlord's or other tenants' property by 439
intentional act or a subsequent or continued unreasonable 440
disturbance. In such event, the landlord may terminate the 441
rental agreement, and the tenant has 14 shall have 7 days after 442
from the date that the notice is delivered to vacate the 443
premises. The notice shall be in substantially the following 444
form: 445
You are advised that your rental agreement lease is 446
terminated effective immediately. You shall have 14 7 days after 447
from the delivery of this letter to vacate the premises. This 448
action is taken because ...(cite the violation 449
noncompliance).... 450
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2.(b) If the violation such noncompliance is of a nature 451
that the tenant should be given an opportunity to cure it, 452
deliver a written notice to the tenant specifying the violation 453
noncompliance, including a notice that, if the violation 454
noncompliance is not corrected within 14 7 days after from the 455
date that the written notice is delivered, the landlord shall 456
terminate the rental agreement by reason thereof. Examples of 457
such noncompliance include, but are not limited to, activities 458
in contravention of the lease or this part such as having or 459
permitting unauthorized pets, guests, or vehicles; parking in an 460
unauthorized manner or permitting such parking; or failing to 461
keep the premises clean and sanitary. If such violation 462
noncompliance recurs within 12 months after notice is given, an 463
eviction action may commence without delivering a subsequent 464
notice under subparagraph 1. pursuant to paragraph (a) or this 465
subparagraph paragraph. The notice shall be in substantially the 466
following form: 467
You are hereby notified that ...(cite the violation 468
noncompliance).... Demand is hereby made that you remedy the 469
violation noncompliance within 14 7 days after of receipt of 470
this notice or your rental agreement will be lease shall be 471
deemed terminated and you must shall vacate the premises upon 472
such termination. If this same conduct or conduct of a similar 473
nature is repeated within 12 months, your tenancy is subject to 474
termination without further warning and without your being given 475
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an opportunity to cure the violation noncompliance. 476
(c) If any situation s pecified in subparagraphs (a)7. -9. 477
exists, the landlord may deliver a written notice to the tenant 478
of the landlord's intent to terminate the rental agreement. The 479
written notice must specify the reason for the termination. In 480
such event, the tenant has 14 days after the date that the 481
notice is delivered to vacate the premises. 482
(3) If the tenant fails to pay rent when due and the 483
default continues for 14 3 days, excluding Saturday, Sunday, and 484
legal holidays, after delivery of written demand by the landlor d 485
for payment of the rent or possession of the premises, the 486
landlord may terminate the rental agreement. Legal holidays for 487
the purpose of this section are shall be court-observed holidays 488
only. The 3-day notice shall contain a statement in 489
substantially the following form: 490
You are hereby notified that you are indebted to me in the 491
sum of .... dollars for the rent and use of the premises 492
...(address of leased premises, including county)..., Florida, 493
now occupied by you and that I demand payment of the ren t or 494
possession of the premises within 3 days (excluding Saturday, 495
Sunday, and legal holidays) after from the date of delivery of 496
this notice, to wit: on or before the .... day of ...., 497
...(year).... 498
...(landlord's name, address and phone number)... 499
500
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(4) The delivery of the written notices required by 501
subsections (1), (2), and (3), and (6) shall be by mailing or 502
delivery of a true copy thereof or, if the tenant is absent from 503
the premises, by leaving a copy thereof at the dwelling unit 504
residence. The notice requirements of subsections (1), (2), and 505
(3), and (6) may not be waived in the rental agreement lease. 506
Section 9. Subsection (2) of section 83.60, Florida 507
Statutes, is amended to read: 508
83.60 Defenses to action for rent or possession; 509
procedure.— 510
(2) In an action by the landlord for possession of a 511
dwelling unit, if the tenant interposes any defense other than 512
payment, including, but not limited to, the defense of a 513
defective 3-day notice, the tenant shall pay into the registry 514
of the court the accrued rent as alleged in the complaint or as 515
determined by the court and the rent that accrues during the 516
pendency of the proceeding, when due. The clerk shall notify the 517
tenant of such requirement in the summons. Failure of the tenant 518
to pay the rent into the registry of the court or to file a 519
motion to determine the amount of rent to be paid into the 520
registry within 5 days, excluding Saturdays, Sundays, and legal 521
holidays, after the date of service of process constitutes an 522
absolute waiver of the tenant' s defenses other than payment, and 523
the landlord is entitled to an immediate default judgment for 524
removal of the tenant with a writ of possession to issue without 525
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further notice or hearing thereon. If a motion to determine rent 526
is filed, documentation in su pport of the allegation that the 527
rent as alleged in the complaint is in error is required. Public 528
housing tenants or tenants receiving rent subsidies are required 529
to deposit only that portion of the full rent for which they are 530
responsible pursuant to the federal, state, or local program in 531
which they are participating. 532
Section 10. Section 83.67, Florida Statutes, is amended to 533
read: 534
83.67 Prohibited practices. — 535
(1) A landlord of any dwelling unit governed by this part 536
may shall not cause, directly or indirectly, the termination or 537
interruption of any utility service furnished to the tenant, 538
including, but not limited to, water, heat, light, electricity, 539
gas, elevator, garbage collection, or refrigeration, whether or 540
not the utility service is under the control of, or payment is 541
made by, the landlord. 542
(2) A landlord of any dwelling unit governed by this part 543
may shall not prevent the tenant from gaining reasonable access 544
to the dwelling unit by any means, including, but not limited 545
to, changing the locks or using any bootlock or similar device. 546
(3) A landlord of any dwelling unit governed by this part 547
may shall not discriminate against a servicemember in offering a 548
dwelling unit for rent or in any of the terms of the rental 549
agreement. 550
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(4) A landlord of any dwelling unit governed by this part 551
may not discriminate against a person in offering a dwelling 552
unit for rent or in any of the terms of the rental agreement 553
based on the person's race; color; religion; sex; pregnancy; 554
national origin; age; phys ical, mental, or developmental 555
disability; HIV status; familial status; sexual orientation; 556
gender identity; source of income; or credit score. For purposes 557
of this subsection, the term: 558
(a) "Familial status" means the makeup of a person's 559
family, including whether there is a child under the age of 18 560
living with the person or whether the person is seeking custody 561
of a child under the age of 18. 562
(b) "Gender identity" means the identity, appearance, or 563
behavior of a person, regardless of whether such ide ntity, 564
appearance, or behavior is different from that traditionally 565
associated with the person's physiology or assigned sex at 566
birth. 567
(c) "Sexual orientation" means a person's heterosexuality, 568
homosexuality, or bisexuality. 569
(d) "Source of income" means the legal gain or recurrent 570
benefit, often measured in money or currency, paid to a person 571
or a representative of the person, including, but not limited 572
to, any form of federal, state, or local public, food, or 573
housing assistance or subsidy, including ass istance from the 574
from the Supplemental Nutrition Assistance Program under 7 575
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U.S.C. ss. 2011 et seq., and the Housing Choice Voucher Program 576
under 24 C.F.R. part 982. 577
(5) A landlord of any dwelling unit governed by this part 578
may not harass or intimidate a tenant for the purpose of 579
coercing the tenant into terminating the rental agreement or 580
accepting a rent increase. 581
(6) A landlord of any dwelling unit governed by this part 582
may not refuse to show the dwelling unit, either in person or 583
through photographs, to a prospective tenant until the 584
prospective tenant signs a rental agreement. 585
(7) Unless otherwise required by law, a landlord of any 586
dwelling unit governed by this part may not inquire into or 587
consider a prospective tenant's criminal history on a ren tal 588
application or rental agreement. A landlord may inquire into or 589
consider a prospective tenant's criminal history only after the 590
landlord otherwise determines that the prospective tenant 591
otherwise qualifies to rent a dwelling unit. 592
(8) If a landlord r equires a prospective tenant to 593
complete a rental application before residing in a dwelling 594
unit, the landlord may not charge a rental application fee that 595
exceeds $100 per applicant. For purposes of this subsection, 596
spouses or parents and dependent childr en are considered one 597
applicant. If, after a prospective tenant submits a rental 598
application and application fee, a dwelling unit is not 599
available, the landlord must refund the application fee to the 600
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prospective tenant. 601
(9)(4) A landlord may shall not prohibit a tenant from 602
displaying one portable, removable, cloth or plastic United 603
States flag, not larger than 4 and 1/2 feet by 6 feet, in a 604
respectful manner in or on the dwelling unit regardless of any 605
provision in the rental agreement dealing with flag s or 606
decorations. The United States flag shall be displayed in 607
accordance with s. 83.52(6). The landlord is not liable for 608
damages caused by a United States flag displayed by a tenant. 609
Any United States flag may not infringe upon the space rented by 610
any other tenant. 611
(10)(5) A landlord of any dwelling unit governed by this 612
part may shall not remove the outside doors, locks, roof, walls, 613
or windows of the unit except for purposes of maintenance, 614
repair, or replacement; and the landlord may shall not remove 615
the tenant's personal property from the dwelling unit unless 616
such action is taken after surrender, abandonment, recovery of 617
possession of the dwelling unit due to the death of the last 618
remaining tenant in accordance with s. 83.59(3)(d), or a lawful 619
eviction. If provided in the rental agreement or a written 620
agreement separate from the rental agreement, upon surrender or 621
abandonment by the tenant, the landlord is not required to 622
comply with s. 715.104 and is not liable or responsible for 623
storage or dispositi on of the tenant's personal property; if 624
provided in the rental agreement, there must be printed or 625
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clearly stamped on such rental agreement a legend in 626
substantially the following form: 627
BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON 628
SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE 629
DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS 630
PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT 631
BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 632
TENANT'S PERSONAL PROPERTY. 633
For the purposes of this section, abandonment shall be as set 634
forth in s. 83.59(3)(c). 635
(11)(6) A landlord who violates any provision of this 636
section is shall be liable to the tenant for actual and 637
consequential damages or 3 months' rent, whichever is greater, 638
and costs, including attorney's fees. Subsequent or repeated 639
violations that are not contemporaneous with the initial 640
violation are shall be subject to separate awards of damages. 641
(12)(7) A violation of this section constitutes 642
irreparable harm for the purposes of injunctive relief. 643
(13)(8) The remedies provided by this section are not 644
exclusive and do not preclude the tenant from pursuing any other 645
remedy at law or equity that the tenant may have. The remedies 646
provided by this section shall also apply to a servicemember or 647
person who is a prospective tenant who has been discriminated 648
against under subsections (3) and (4) subsection (3). 649
Section 11. Section 83.675, Florida Statutes, is created 650
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to read: 651
83.675 Tenant opportunity to purchase. — 652
(1) For purposes of this section, the term: 653
(a) "Bona fide offer of sale" means an offer for a price, 654
and, including other material terms, which are at least as 655
favorable as what would be accepted by a purchaser in an arm's 656
length third-party contract, which is comparable to that at 657
which a willing seller and a willing buyer would sell and 658
purchase the dwelling unit or premises, or which is the 659
appraised value. 660
(b) "Highest and best use" means the reasonable legal use 661
of a dwelling unit or the premises on which the dwelling unit is 662
located which is physically possible, appropriately supported, 663
and financially feasible and which results in the highest value 664
of the dwelling unit or premises. 665
(c) "Matter-of-right" means the appropriate land use, 666
development density, or building requirements of the dwelling 667
unit or premises under zoning regulations and law. 668
(2) At least 60 days before a landlord may sell a dwe lling 669
unit or the premises on which a dwelling unit is located or 670
issue a notice to vacate the dwelling unit or premises for 671
purposes of demolition or discontinuance of housing use, the 672
landlord must give the tenant an opportunity to purchase the 673
dwelling unit or the premises at a price and with material terms 674
that represent a bona fide offer of sale. 675
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(3) A landlord shall provide the tenant a copy of the 676
offer of sale, in the preferred language of the tenant, by hand 677
delivery, e-mail, and certified mail. A landlord may not retain 678
a percentage of ownership in the dwelling unit or premises in 679
the offer of sale. 680
(4) The sales price contained in the offer of sale may not 681
be more than a price comparable to that at which a willing 682
seller and a willing buyer wo uld sell and purchase the dwelling 683
unit or premises or the appraised value of the dwelling unit or 684
premises. 685
(5) The appraisal value shall be based on rights a 686
landlord has as a matter -of-right as of the date of the offer of 687
sale, including any existing right a landlord may have to 688
convert the dwelling unit or premises to another use. The 689
appraisal value may take into consideration the highest and best 690
use of the dwelling unit or premises. 691
(6) A tenant may challenge an offer of sale as not being a 692
bona fide offer of sale and request a determination of the 693
appraised value by an independent licensed appraiser, as defined 694
in s. 475.611, at the expense of the tenant, by providing 695
written notice to the landlord and the Division of Consumer 696
Services within the Department of Agriculture and Consumer 697
Services by hand delivery, electronic transmission, or certified 698
mail within 30 days after receipt of the offer of sale. 699
(7) The landlord has the burden of proof to establish that 700
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an offer of sale under this sectio n is a bona fide offer of 701
sale. 702
Section 12. Section 83.676, Florida Statutes, is created 703
to read: 704
83.676 Early termination of rental agreement by a victim 705
of domestic violence, dating violence, sexual violence, or 706
stalking; lock changing. — 707
(1) As used in this section, the term: 708
(a) "Dating violence" has the same meaning as in s. 709
784.046(1)(d). 710
(b) "Domestic violence" has the same meaning as in s. 711
741.28. 712
(c) "Sexual violence" has the same meaning as in s. 713
784.046(1)(c). 714
(d) "Stalking" means the behavior described in s. 784.048. 715
(2) A landlord may not terminate a rental agreement or 716
evict a tenant for an incident involving actual or threatened 717
domestic violence, dating violence, sexual violence, or stalking 718
if the tenant or the tenant's mino r child is the victim of such 719
actual or threatened violence or stalking. A rental agreement 720
may not include a provision deeming that early termination of a 721
rental agreement because of an incident involving actual or 722
threatened domestic violence, dating vio lence, sexual violence, 723
or stalking, in which the tenant or the tenant's minor child is 724
a victim and not the perpetrator, is a breach of the rental 725
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agreement. 726
(3)(a) If a tenant or a tenant's minor child is a victim 727
of actual or threatened domestic viole nce, dating violence, 728
sexual violence, or stalking during the term of a rental 729
agreement, the tenant may, without penalty, terminate the rental 730
agreement at any time by providing the landlord with written 731
notice of the tenant's intent to terminate the rent al agreement 732
and to vacate the premises because of such incident. The 733
termination of the rental agreement is effective immediately 734
upon delivery of the written notice and documentation specified 735
in paragraph (b), if applicable, to the landlord. 736
(b) Unless the landlord notifies the tenant that 737
documentation is not needed, a notice of termination from the 738
tenant required under paragraph (a) must be accompanied by 739
documentation verifying the tenant's or the tenant's minor 740
child's status as a victim of actual or threatened domestic 741
violence, dating violence, sexual violence, or stalking and may 742
include: 743
1. A copy of an injunction for protection against domestic 744
violence, dating violence, sexual violence, or stalking issued 745
to the tenant as victim or as the p arent of a minor victim; 746
2. A copy of an order of no contact or a criminal 747
conviction entered by a court in a criminal case in which the 748
defendant was charged with a crime relating to domestic 749
violence, dating violence, sexual violence, or stalking again st 750
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the tenant or the tenant's minor child; 751
3. A written verification from a domestic violence center 752
certified under chapter 39 or a rape crisis center as defined in 753
s. 794.055 which states that the tenant or the tenant's minor 754
child is a victim of actua l or threatened domestic violence, 755
dating violence, sexual violence, or stalking; or 756
4. A copy of a law enforcement report documenting an 757
incident of actual or threatened domestic violence, dating 758
violence, sexual violence, or stalking against the tenant or the 759
tenant's minor child. 760
(c) A notice of termination from the tenant required under 761
paragraph (a) must be provided by certified mail or hand 762
delivery to the landlord, a person authorized to receive notices 763
on behalf of the landlord under s. 83.50, a resident manager, or 764
the person or entity that collects the rent on behalf of the 765
landlord. 766
(d) If a rental agreement with a specific duration is 767
terminated by a tenant under this subsection less than 30 days 768
before the end of the rental agreement, the tenant is liable for 769
the rent for the remaining period of the rental agreement. If a 770
rental agreement with a specific duration is terminated by a 771
tenant under this subsection 30 or more days before the end of 772
the rental agreement, the tenant is liable for prorated rent for 773
a period of 30 days immediately after delivery of the notice of 774
termination. After compliance with this paragraph, the tenant is 775
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released from any further obligation to pay rent, concessions, 776
damages, fees, or penalties, and the landlord is not entitled to 777
the remedies provided in s. 83.595. 778
(e) If a rental agreement is terminated by a tenant under 779
this subsection, the landlord must comply with s. 83.49(3). A 780
tenant who terminates a rental agreement under this subsection 781
does not forfeit any deposit money or advance rent paid to the 782
landlord. 783
(f) This subsection does not affect a tenant's liability 784
for unpaid rent or other amounts owed to the landlord before the 785
termination of the rental agreement under this subsection. 786
(g) If the perpetrator of actual or threatened domestic 787
violence, dating violence, sexual violence, or stalking is also 788
a tenant under the same rental agreement as the tenant who is a 789
victim, or whose minor child is a victim, of such actual or 790
threatened violence or sta lking, neither the perpetrator's 791
liability for rent nor his or her other obligations under the 792
rental agreement are terminated under this subsection, and the 793
landlord is entitled to the rights and remedies provided by this 794
part against the perpetrator. 795
(4)(a) A tenant or a tenant's minor child who is a victim 796
of actual or threatened domestic violence, dating violence, 797
sexual violence, or stalking and who wishes to remain in the 798
dwelling unit may make a written request to the landlord 799
accompanied by any on e of the documents listed in paragraph 800
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(3)(b), and the landlord shall, within 24 hours after receipt of 801
the request, change the locks of the tenant's dwelling unit and 802
provide the tenant with a key to the new locks. 803
(b) If the landlord fails to change th e locks within 24 804
hours, the tenant may change the locks without the landlord's 805
permission, notwithstanding any contrary provision in the rental 806
agreement or other applicable rules or regulations imposed by 807
the landlord, if all of the following conditions have been met: 808
1. The locks are changed in like manner as if the landlord 809
had changed the locks, with locks of similar or better quality 810
than the original locks. 811
2. The landlord is notified within 24 hours after the 812
changing of the locks. 813
3. The landlord is provided a key to the new locks within 814
a reasonable time. 815
(c) If the locks are changed under this subsection, the 816
landlord is not liable to any person who does not have access to 817
the dwelling unit. 818
(5) A landlord may not refuse to enter into a rental 819
agreement for a dwelling unit, refuse to negotiate for the 820
rental of a dwelling unit, make a dwelling unit unavailable, or 821
retaliate in the rental of a dwelling unit because: 822
(a) The tenant, prospective tenant, or minor child of the 823
tenant or prospective tenant is a victim of actual or threatened 824
domestic violence, dating violence, sexual violence, or 825
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stalking; or 826
(b) The tenant or prospective tenant has previously 827
terminated a rental agreement because of an incident involving 828
actual or threatened domestic violence, dating violence, sexual 829
violence, or stalking in which the tenant, prospective tenant, 830
or minor child of the tenant or prospective tenant was a victim. 831
832
However, the landlord may refuse to enter into a rental 833
agreement, negotiate for t he rental of a dwelling unit, or make 834
a dwelling unit available if the tenant or prospective tenant 835
fails to comply with the landlord's request for documentation of 836
an incident of actual or threatened domestic violence, dating 837
violence, sexual violence, or stalking that occurred before 838
termination of a prior rental agreement. A landlord's request 839
for documentation is satisfied upon the tenant's or prospective 840
tenant's provision of any one of the documents listed in 841
paragraph (3)(b). 842
(6) All information pr ovided to a landlord under 843
subsections (3), (4), and (5), including the fact that a tenant, 844
prospective tenant, or a tenant's or prospective tenant's minor 845
child is a victim of actual or threatened domestic violence, 846
dating violence, sexual violence, or st alking, and including the 847
tenant's forwarding address, is confidential. The landlord may 848
not enter such information into any shared database or provide 849
the information to any other person or entity, except to the 850
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extent such disclosure is: 851
(a) Made to a person specified in paragraph (3)(c) solely 852
for a legitimate business purpose; 853
(b) Requested, or consented to, in writing by the tenant 854
or the tenant's legal guardian; 855
(c) Required for use in a judicial proceeding; or 856
(d) Otherwise required by law. 857
(7) A tenant or prospective tenant, on his or her own 858
behalf or on behalf of his or her minor child, may file a civil 859
action against a landlord for a violation of this section. A 860
landlord who violates subsection (5) or subsection (6) is 861
civilly liable to the victim for $1,000 for punitive damages, 862
actual and consequential damages, and court costs, including 863
reasonable attorney fees, unless the landlord can show that this 864
was the landlord's first violation and the violation was not 865
committed in bad faith. S ubsequent or repeated violations that 866
are not contemporaneous with the initial violation are subject 867
to separate awards of damages. 868
(8) The provisions of this section may not be waived or 869
modified by a rental agreement. 870
Section 13. Section 83.681, Fl orida Statutes, is amended 871
to read: 872
83.681 Orders to enjoin violations of this part. — 873
(1) A landlord who gives notice to a tenant of the 874
landlord's intent to terminate the tenant's lease under s. 875
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83.56(2)(b) pursuant to s. 83.56(2)(a), due to the tenan t's 876
intentional destruction, damage, or misuse of the landlord's 877
property may petition the county or circuit court for an 878
injunction prohibiting the tenant from continuing to violate any 879
of the provisions of that part. 880
(2) The court shall grant the relief requested under 881
pursuant to subsection (1) in conformity with the principles 882
that govern the granting of injunctive relief from threatened 883
loss or damage in other civil cases. 884
(3) Evidence of a tenant's intentional violation of s. 885
83.56(1)(a)1.-6. resulting destruction, damage, or misuse of the 886
landlord's property in an amount greater than twice the value of 887
money deposited with the landlord under pursuant to s. 83.49 or 888
$300, whichever is greater, constitutes shall constitute 889
irreparable harm for the purposes of injunctive relief. 890
Section 14. Section 83.684, Florida Statutes, is created 891
to read: 892
83.684 Actions for rent or possession during a state of 893
emergency.— 894
(1) A declaration of a state of emergency declared by the 895
President of the United States, the Governor, or a local 896
authority tolls any statutory time periods relating to the 897
eviction of a residential tenant under this part during the 898
emergency declaration period. The court shall on its own motion 899
stay any eviction proceeding under this part during the 900
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emergency declaration period. For purposes of this section, the 901
term "emergency declaration period" includes the period of time 902
stated in the declaration of the state of emergency, and any 903
extensions thereof, and up to 90 days after the expiration of 904
such period of time. 905
(2) A landlord may not bring an action for possession of a 906
dwelling unit under s. 83.59 or remove any personal property of 907
a tenant under s. 83.62 during an emergency declaration period 908
if all of the following conditions are met: 909
(a) The tenant lives within the geographic boundaries of 910
the state of emergency. 911
(b) The tenant or a member of the tenant's immediate 912
family is deceased, missing , or injured as a result of the 913
natural disaster for which the state of emergency was declared. 914
(c) The tenant's ability to pay rent is directly or 915
substantially affected by the natural disaster for which the 916
state of emergency was declared. 917
Section 15. This act shall take effect July 1, 2022. 918