Florida Senate - 2022 SB 1620 By Senator Jones 35-01497-22 20221620__ 1 A bill to be entitled 2 An act relating to residential tenancies; creating s. 3 83.455, F.S.; providing requirements for rental 4 agreements; defining the term emergency declaration 5 period; amending s. 83.46, F.S.; requiring a landlord 6 to provide written notice of a rent increase to a 7 tenant by a specified time; requiring such notice to 8 include an option for mediation under certain 9 circumstances; amending s. 83.47, F.S.; providing that 10 certain provisions in a rental agreement are void and 11 unenforceable; amending s. 83.48, F.S.; providing that 12 a tenant has a cause of action for actual and punitive 13 damages under certain circumstances; providing that 14 certain persons can bring a cause of action on behalf 15 of a tenant; amending s. 83.49, F.S.; deleting the 16 option for a landlord to deposit certain money into a 17 non-interest-bearing account; revising written notice 18 requirements to tenants; providing for damages if a 19 landlord fails to meet certain requirements; making 20 technical changes; amending s. 83.51, F.S.; requiring 21 a landlord to inspect a dwelling unit at a specified 22 time to ensure compliance with applicable codes; 23 amending s. 83.54, F.S.; requiring a court to dismiss 24 eviction complaints in certain actions under specified 25 circumstances; requiring a landlord to assist a tenant 26 in having certain records removed from the tenants 27 credit report under certain circumstances; amending s. 28 83.56, F.S.; revising and providing grounds for 29 termination of a rental agreement; adjusting the 30 number of days a tenant has to vacate the premises 31 after a certain notice is delivered; revising when a 32 landlord may terminate a rental agreement if the 33 tenant fails to pay rent; amending s. 83.60, F.S.; 34 removing a provision that waives a tenants defenses 35 other than payment and entitles a landlord to an 36 immediate default judgment for removal of a tenant if 37 the tenant fails to take certain actions in an action 38 by the landlord for possession of a dwelling unit; 39 amending s. 83.67, F.S.; prohibiting a landlord from 40 engaging in certain conduct; defining terms; 41 conforming a provision to changes made by the act; 42 creating s. 83.675, F.S.; defining terms; requiring a 43 landlord to give tenants a specified amount of time to 44 purchase a dwelling unit or premises under certain 45 circumstances; providing requirements for an offer of 46 sale; authorizing a tenant to challenge an offer of 47 sale; creating s. 83.676, F.S.; defining terms; 48 prohibiting a landlord from terminating a rental 49 agreement or evicting a tenant because the tenant or 50 the tenants minor child is a victim of actual or 51 threatened domestic violence, dating violence, sexual 52 violence, or stalking; specifying that a rental 53 agreement may not contain certain provisions; 54 authorizing a victim of such actual or threatened 55 violence or stalking to terminate a rental agreement 56 under certain circumstances; requiring certain 57 documentation and written notice to the landlord; 58 providing an exception; specifying that a tenant does 59 not forfeit certain money paid to the landlord for 60 terminating the rental agreement under certain 61 circumstances; providing for liability for rent for 62 both the tenant and the perpetrator, if applicable; 63 requiring a landlord to change the locks of the 64 dwelling unit within a specified period under certain 65 circumstances; authorizing the tenant to change the 66 locks of the dwelling unit under certain 67 circumstances; prohibiting certain actions by a 68 landlord under certain circumstances; providing an 69 exception; specifying that certain information a 70 landlord receives is confidential; prohibiting the 71 landlord from using the confidential information in a 72 specified manner; providing exceptions; providing a 73 civil remedy for a tenant and the award of certain 74 damages, costs, and fees under certain circumstances; 75 specifying that certain provisions may not be waived 76 or modified by a rental agreement; amending s. 83.681, 77 F.S.; conforming provisions to changes made by the 78 act; creating s. 83.684, F.S.; tolling specified time 79 periods for certain evictions; requiring a court to 80 stay certain eviction proceedings; defining the term 81 emergency declaration period; prohibiting a landlord 82 from evicting a tenant or removing personal property 83 under certain circumstances; providing an effective 84 date. 85 86 Be It Enacted by the Legislature of the State of Florida: 87 88 Section 1.Section 83.455, Florida Statutes, is created to 89 read: 90 83.455Rental agreements. 91 (1)Within 3 days after entering into, extending, or 92 renewing a rental agreement, a tenant must be provided a copy of 93 the rental agreement. The rental agreement must be written in 94 plain language and, at the tenants request, translated into the 95 preferred language of the tenant. 96 (2)Notwithstanding any other law, all rental agreements 97 entered into, extended, or renewed on or after July 1, 2022, 98 must include the following provisions: 99 (a)Before a private sale or transfer of title of the 100 dwelling unit or the premises on which the dwelling unit is 101 located, a landlord must provide the tenant with the right of 102 first refusal to purchase the dwelling unit or premises as 103 provided under s. 83.675. 104 (b)If a landlord chooses not to extend or renew a rental 105 agreement, he or she must provide the tenant a written 106 explanation for such decision. 107 (c)If a tenant has occupied the dwelling unit or premises 108 for longer than 6 months, the landlord may not terminate the 109 rental agreement without just cause. 110 (d)A state of emergency declared by the President of the 111 United States, the Governor, or a local authority tolls any 112 statutory time periods relating to the eviction of a residential 113 tenant under this part who lives within the geographic 114 boundaries of the state of emergency during the emergency 115 declaration period. For purposes of this paragraph, the term 116 emergency declaration period includes the period of time 117 stated in the declaration of the state of emergency, any 118 extensions thereof, and up to 15 days after the expiration of 119 such period of time. 120 (e)During a state of emergency declared by the President 121 of the United States, the Governor, or a local authority, a 122 tenant may install wind resistance improvements under s. 163.08 123 at the dwelling unit. 124 Section 2.Subsection (4) is added to section 83.46, 125 Florida Statutes, to read: 126 83.46Rent; duration of tenancies. 127 (4)A landlord must provide to a tenant a written notice, 128 by certified mail or hand delivery, of a planned rent increase 129 at least 30 days before the date a rental agreement is required 130 to be renewed. If the rent increase is more than 5 percent, the 131 landlord must provide notice, by certified mail or hand 132 delivery, at least 3 months before such date. If the rent 133 increase is more than 5 percent, the notice must also contain a 134 statement that the tenant may elect to participate in nonbinding 135 mediation by providing written notice to the landlord, by 136 certified mail or hand delivery, within 14 days after receipt of 137 the notice of the rent increase. For a tenancy without a 138 specific duration, the landlord must provide written notice, by 139 certified mail or hand delivery, of a planned rent increase 140 within the timeframes provided in s. 83.57. 141 Section 3.Paragraph (c) is added to subsection (1) of 142 section 83.47, Florida Statutes, to read: 143 83.47Prohibited provisions in rental agreements. 144 (1)A provision in a rental agreement is void and 145 unenforceable to the extent that it: 146 (c)Purports that early termination of a rental agreement 147 because of an incident involving actual or threatened domestic 148 violence, dating violence, sexual violence, or stalking, in 149 which the tenant or the tenants minor child is a victim and not 150 the perpetrator, is a breach of the rental agreement. 151 Section 4.Section 83.48, Florida Statutes, is amended to 152 read: 153 83.48Cause of action; attorney fees. 154 (1)A tenant specified in this chapter has a cause of 155 action in any court of competent jurisdiction to recover actual 156 and punitive damages for any violation of this part and for any 157 depravation or infringement of the rights of the tenant. A 158 tenants guardian or the personal representative of a tenants 159 estate may bring a cause of action under this part. 160 (2)In any civil action brought to enforce the provisions 161 of the rental agreement or this part, the party in whose favor a 162 judgment or decree has been rendered may recover reasonable 163 attorney fees and court costs from the nonprevailing party. The 164 right to attorney fees in this section may not be waived in a 165 lease agreement. However, attorney fees may not be awarded under 166 this section in a claim for personal injury damages based on a 167 breach of duty under s. 83.51. 168 Section 5.Subsections (1), (2), (3), and (5) through (9) 169 of section 83.49, Florida Statutes, are amended to read: 170 83.49Deposit money or advance rent; duty of landlord and 171 tenant. 172 (1)Whenever money is deposited or advanced by a tenant on 173 a rental agreement as security for performance of the rental 174 agreement or as advance rent for other than the next immediate 175 rental period, the landlord or the landlords agent shall 176 either: 177 (a)Hold the total amount of such money in a separate non 178 interest-bearing account in a Florida banking institution for 179 the benefit of the tenant or tenants. The landlord shall not 180 commingle such moneys with any other funds of the landlord or 181 hypothecate, pledge, or in any other way make use of such moneys 182 until such moneys are actually due the landlord; 183 (b)Hold the total amount of such money in a separate 184 interest-bearing account in a Florida banking institution for 185 the benefit of the tenant or tenants, in which case the tenant 186 shall receive and collect interest in an amount of at least 75 187 percent of the annualized average interest rate payable on such 188 account or interest at the rate of 5 percent at the end of the 189 calendar per year, simple interest, whichever the landlord 190 elects. The landlord may shall not commingle such moneys with 191 any other funds of the landlord or hypothecate, pledge, or in 192 any other way make use of such moneys until such moneys are 193 actually due the landlord; or 194 (b)(c)Post a surety bond, executed by the landlord as 195 principal and a surety company authorized and licensed to do 196 business in the state as surety, with the clerk of the circuit 197 court in the county in which the dwelling unit is located in the 198 total amount of the security deposits and advance rent he or she 199 holds on behalf of the tenant tenants or $50,000, whichever is 200 less. The bond is shall be conditioned upon the faithful 201 compliance of the landlord with the provisions of this section 202 and runs shall run to the Governor for the benefit of any tenant 203 injured by the landlords violation of the provisions of this 204 section. In addition to posting the surety bond, the landlord 205 shall pay to the tenant interest at the rate of 5 percent per 206 year, simple interest. A landlord, or the landlords agent, 207 engaged in the renting of dwelling units in five or more 208 counties, who holds deposit moneys or advance rent and who is 209 otherwise subject to the provisions of this section, may, in 210 lieu of posting a surety bond in each county, elect to post a 211 surety bond in the form and manner provided in this paragraph 212 with the office of the Secretary of State. The bond shall be in 213 the total amount of the security deposit or advance rent held on 214 behalf of the tenant tenants or in the amount of $250,000, 215 whichever is less. The bond is shall be conditioned upon the 216 faithful compliance of the landlord with the provisions of this 217 section and runs shall run to the Governor for the benefit of 218 any tenant injured by the landlords violation of this section. 219 In addition to posting a surety bond, the landlord shall pay to 220 the tenant interest on the security deposit or advance rent held 221 on behalf of that tenant at the rate of 5 percent per year, 222 simple interest. 223 (2)The landlord shall, in the rental lease agreement or 224 within 30 days after receipt of advance rent or a security 225 deposit, give written notice to the tenant which includes 226 disclosure of the advance rent or security deposit. Subsequent 227 to providing such written notice, if the landlord changes the 228 manner or location in which he or she is holding the advance 229 rent or security deposit, he or she must notify the tenant 230 within 30 days after the change as provided in paragraphs (a) 231 (d). The landlord is not required to give new or additional 232 notice solely because the depository has merged with another 233 financial institution, changed its name, or transferred 234 ownership to a different financial institution. This subsection 235 does not apply to any landlord who rents fewer than five 236 individual dwelling units. Failure to give this notice is not a 237 defense to the payment of rent when due. The written notice 238 must: 239 (a)Be given in person or by mail to the tenant. 240 (b)State the name and address of the depository where the 241 advance rent or security deposit is being held or state that the 242 landlord has posted a surety bond as provided by law. 243 (c)State that whether the tenant is entitled to interest 244 on the advance rent or security deposit and the amount of the 245 interest. 246 (d)Contain the following disclosure: 247 248 YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF 249 CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE 250 RENTS TO THE LANDLORDS ACCOUNT AS THEY ARE DUE AND 251 WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE 252 LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN 253 SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD 254 MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE 255 OUT, OF THE LANDLORDS INTENT TO IMPOSE A CLAIM 256 AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE 257 LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 258 DAYS AFTER RECEIPT OF THE LANDLORDS NOTICE, THE 259 LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE 260 REMAINING DEPOSIT AND INTEREST, IF ANY. 261 262 IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE 263 LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A 264 LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY 265 OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE 266 DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A 267 REFUND. 268 269 YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE 270 BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE 271 FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND 272 ATTORNEY FEES PAYABLE BY THE LOSING PARTY. 273 274 THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF 275 CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL 276 RIGHTS AND OBLIGATIONS. 277 278 (3)The landlord or the landlords agent may disburse 279 advance rents from the deposit account to the landlords benefit 280 when the advance rental period commences and without notice to 281 the tenant. For all other deposits: 282 (a)Upon the vacating of the premises for termination of 283 the rental agreement lease, if the landlord does not intend to 284 impose a claim on the security deposit, the landlord shall have 285 15 days to return the security deposit together with interest 286 within 15 days after the tenant vacates the premises. if 287 otherwise required, or The landlord has shall have 30 days after 288 the tenant vacates the premises to give the tenant written 289 notice by certified mail to the tenants last known mailing 290 address of his or her intention to impose a claim on the deposit 291 and the reason for imposing the claim. The notice shall contain 292 a statement in substantially the following form: 293 294 This is a notice of my intention to impose a claim for 295 damages in the amount of .... upon your security deposit, due to 296 ..... It is sent to you as required by s. 83.49(3), Florida 297 Statutes. You are hereby notified that you must object in 298 writing to this deduction from your security deposit within 15 299 days from the time you receive this notice or I will be 300 authorized to deduct my claim from your security deposit. Your 301 objection must be sent to ...(landlords address).... 302 303 If the landlord fails to give the required notice within the 30 304 day period, he or she forfeits the right to impose a claim upon 305 the security deposit and may not seek a setoff against the 306 deposit but may file an action for damages after return of the 307 deposit. 308 (b)Unless the tenant objects to the imposition of the 309 landlords claim or the amount thereof within 15 days after 310 receipt of the landlords notice of intention to impose a claim, 311 the landlord may then deduct the amount of his or her claim and 312 shall remit the balance of the deposit and any interest to the 313 tenant within 30 days after the date of the notice of intention 314 to impose a claim for damages. The failure of the tenant to make 315 a timely objection does not waive any rights of the tenant to 316 seek damages in a separate action. 317 (c)If either party institutes an action in a court of 318 competent jurisdiction to adjudicate the partys right to the 319 security deposit, the prevailing party is entitled to receive 320 his or her court costs plus a reasonable fee for his or her 321 attorney. If a court finds that the landlord failed to meet the 322 requirements of this section, the court must award the tenant 323 damages equal to three times the amount of the tenants security 324 deposit. The court shall advance the cause on the calendar. 325 (d)Compliance with this section by an individual or 326 business entity authorized to conduct business in this state, 327 including Florida-licensed real estate brokers and sales 328 associates, constitutes compliance with all other relevant 329 Florida Statutes pertaining to security deposits held pursuant 330 to a rental agreement or other landlord-tenant relationship. 331 Enforcement personnel shall look solely to this section to 332 determine compliance. This section prevails over any conflicting 333 provisions in chapter 475 and in other sections of the Florida 334 Statutes, and shall operate to permit licensed real estate 335 brokers to disburse security deposits and deposit money without 336 having to comply with the notice and settlement procedures 337 contained in s. 475.25(1)(d). 338 (5)Except when otherwise provided by the terms of a 339 written rental agreement lease, any tenant who vacates or 340 abandons the premises before prior to the expiration of the term 341 specified in the written rental agreement lease, or any tenant 342 who vacates or abandons premises which are the subject of a 343 tenancy from week to week, month to month, quarter to quarter, 344 or year to year, shall give at least 7 days written notice, 345 which notice must include the address at which the tenant may be 346 reached, by certified mail or personal delivery to the landlord 347 before prior to vacating or abandoning the premises which notice 348 shall include the address where the tenant may be reached. 349 Failure to give such notice relieves shall relieve the landlord 350 of the notice requirement of paragraph (3)(a) but does shall not 351 waive any right the tenant may have to the security deposit or 352 interest or any part of it. 353 (6)For the purposes of this part, a renewal of an existing 354 rental agreement is shall be considered a new rental agreement, 355 and any security deposit carried forward is shall be considered 356 a new security deposit. 357 (7)Upon the sale or transfer of title of the rental 358 property from one owner to another, or upon a change in the 359 designated rental agent, any and all security deposits or 360 advance rents being held for the benefit of the tenants shall be 361 transferred to the new owner or agent, together with any earned 362 interest and with an accurate accounting showing the amounts to 363 be credited to each tenant account. Upon the transfer of such 364 funds and records to the new owner or agent, and upon 365 transmittal of a written receipt therefor, the transferor is 366 free from the obligation imposed in subsection (1) to hold such 367 moneys on behalf of the tenant. There is a rebuttable 368 presumption that any new owner or agent received the security 369 deposit or advance rent from the previous owner or agent; 370 however, this presumption is limited to 1 months rent. This 371 subsection does not excuse the landlord or agent for a violation 372 of other provisions of this section while in possession of such 373 deposits. 374 (8)Any person licensed under the provisions of s. 509.241, 375 unless excluded by the provisions of this part, who fails to 376 comply with the provisions of this part is shall be subject to a 377 fine or to the suspension or revocation of his or her license by 378 the Division of Hotels and Restaurants of the Department of 379 Business and Professional Regulation in the manner provided in 380 s. 509.261. 381 (9)In those cases in which interest is required to be paid 382 to the tenant, The landlord shall pay directly to the tenant, or 383 credit against the current months rent, the interest due to the 384 tenant at least once annually. However, no interest may not be 385 paid to shall be due a tenant who wrongfully terminates his or 386 her tenancy before prior to the end of the rental term. 387 Section 6.Subsection (1) of section 83.51, Florida 388 Statutes, is amended to read: 389 83.51Landlords obligation to maintain premises. 390 (1)The landlord at all times during the tenancy shall: 391 (a)Comply with the requirements of applicable building, 392 housing, and health codes. The landlord, at commencement of the 393 tenancy, must inspect the dwelling unit to ensure compliance 394 with all applicable codes; or 395 (b)Where there are no applicable building, housing, or 396 health codes, maintain the roofs, windows, doors, floors, steps, 397 porches, exterior walls, foundations, and all other structural 398 components in good repair and capable of resisting normal forces 399 and loads and the plumbing in reasonable working condition. The 400 landlord, at commencement of the tenancy, must ensure that 401 screens are installed in a reasonable condition. Thereafter, the 402 landlord must repair damage to screens once annually, when 403 necessary, until termination of the rental agreement. 404 405 The landlord is not required to maintain a mobile home or other 406 structure owned by the tenant. The landlords obligations under 407 this subsection may be altered or modified in writing with 408 respect to a single-family home or duplex. 409 Section 7.Section 83.54, Florida Statutes, is amended to 410 read: 411 83.54Enforcement of rights and duties; civil action; 412 criminal offenses.Any right or duty declared in this part is 413 enforceable by civil action. A right or duty enforced by civil 414 action under this section does not preclude prosecution for a 415 criminal offense related to the rental agreement or rented 416 dwelling unit or premises. In an action brought by a tenant for 417 wrongful termination of a rental agreement, if the court finds 418 in favor of the tenant, any eviction complaint filed by the 419 landlord must be dismissed and the court must direct the 420 landlord to assist the tenant in having any record of such 421 filing removed from the tenants credit report lease or leased 422 property. 423 Section 8.Subsections (2), (3), and (4) of section 83.56, 424 Florida Statutes, are amended to read: 425 83.56Termination of rental agreement. 426 (2)(a)A landlord must have good cause to terminate a 427 rental agreement. The following reasons constitute good cause 428 for termination of a rental agreement: 429 1.The destruction, damage, or misuse of the landlords or 430 other tenants property by intentional act. 431 2.A tenants disorderly conduct, as proscribed in s. 432 877.03, or continued unreasonable disturbance. 433 3.Failure of the tenant to comply with s. 83.52. 434 4.A violation or breach of the landlords reasonable rules 435 and regulations, as provided and described to the tenant before 436 the execution of a rental agreement. 437 5.A violation or breach of covenants or agreements 438 contained in the rental agreement. 439 6.Use of the dwelling unit or premises for illegal 440 purposes or acts, including, but not limited to, the 441 manufacture, sale, or use of illegal drugs, theft of property, 442 or assault or threats on the landlord or his or her relatives, 443 as defined in s. 494.001, or employees. 444 7.The removal of the dwelling unit or premises from the 445 rental market because the state, any political subdivision as 446 defined in s. 1.01(8), or any other entity exercises its power 447 of eminent domain, the landlord seeks in good faith to 448 permanently remove the dwelling unit or premises from the rental 449 market, or the landlord is converting the dwelling unit or 450 premises from the rental market to a condominium, cooperative, 451 or fee simple ownership. 452 8.The landlord seeks in good faith to recover possession 453 of the dwelling unit or premises for his or her own use and 454 occupancy as a principal residence, or for the use and occupancy 455 as a principal residence by a relative, as defined in s. 456 494.001, of the landlord. 457 (b)If any situation specified in subparagraphs (a)1.-6. 458 exists the tenant materially fails to comply with s. 83.52 or 459 material provisions of the rental agreement, other than a 460 failure to pay rent, or reasonable rules or regulations, the 461 landlord may: 462 1.(a)If the violation such noncompliance is of a nature 463 that the tenant should not be given an opportunity to cure it or 464 if the violation noncompliance constitutes a subsequent or 465 continuing violation noncompliance within 12 months after of a 466 written warning by the landlord of a similar violation, deliver 467 a written notice to the tenant specifying the violation 468 noncompliance and the landlords intent to terminate the rental 469 agreement by reason thereof. Examples of noncompliance which are 470 of a nature that the tenant should not be given an opportunity 471 to cure include, but are not limited to, destruction, damage, or 472 misuse of the landlords or other tenants property by 473 intentional act or a subsequent or continued unreasonable 474 disturbance. In such event, the landlord may terminate the 475 rental agreement, and the tenant has 14 shall have 7 days after 476 from the date that the notice is delivered to vacate the 477 premises. The notice shall be in substantially the following 478 form: 479 480 You are advised that your rental agreement lease is 481 terminated effective immediately. You shall have 14 7 days after 482 from the delivery of this letter to vacate the premises. This 483 action is taken because ...(cite the violation 484 noncompliance).... 485 486 2.(b)If the violation such noncompliance is of a nature 487 that the tenant should be given an opportunity to cure it, 488 deliver a written notice to the tenant specifying the violation 489 noncompliance, including a notice that, if the violation 490 noncompliance is not corrected within 14 7 days after from the 491 date that the written notice is delivered, the landlord shall 492 terminate the rental agreement by reason thereof. Examples of 493 such noncompliance include, but are not limited to, activities 494 in contravention of the lease or this part such as having or 495 permitting unauthorized pets, guests, or vehicles; parking in an 496 unauthorized manner or permitting such parking; or failing to 497 keep the premises clean and sanitary. If such violation 498 noncompliance recurs within 12 months after notice is given, an 499 eviction action may commence without delivering a subsequent 500 notice under subparagraph 1. pursuant to paragraph (a) or this 501 subparagraph paragraph. The notice shall be in substantially the 502 following form: 503 504 You are hereby notified that ...(cite the violation 505 noncompliance).... Demand is hereby made that you remedy the 506 violation noncompliance within 14 7 days after of receipt of 507 this notice or your rental agreement will be lease shall be 508 deemed terminated and you must shall vacate the premises upon 509 such termination. If this same conduct or conduct of a similar 510 nature is repeated within 12 months, your tenancy is subject to 511 termination without further warning and without your being given 512 an opportunity to cure the violation noncompliance. 513 514 (c)If any situation specified in subparagraphs (a)7. and 515 8. exists, the landlord may deliver a written notice to the 516 tenant of the landlords intent to terminate the rental 517 agreement. The written notice must specify the reason for the 518 termination. In such event, the tenant has 14 days after the 519 date that the notice is delivered to vacate the premises. 520 (3)If the tenant fails to pay rent when due and the 521 default continues for 14 3 days, excluding Saturday, Sunday, and 522 legal holidays, after delivery of written demand by the landlord 523 for payment of the rent or possession of the premises, the 524 landlord may terminate the rental agreement. Legal holidays for 525 the purpose of this section are shall be court-observed holidays 526 only. The 14-day 3-day notice shall contain a statement in 527 substantially the following form: 528 529 You are hereby notified that you are indebted to me in the 530 sum of .... dollars for the rent and use of the premises 531 ...(address of rented leased premises, including county)..., 532 Florida, now occupied by you and that I demand payment of the 533 rent or possession of the premises within 3 days (excluding 534 Saturday, Sunday, and legal holidays) after from the date of 535 delivery of this notice, to wit: on or before the .... day of 536 ...., ...(year).... 537 ...(landlords name, address and phone number)... 538 539 (4)The delivery of the written notices required by 540 subsections (1), (2), and (3), and (6) shall be by mailing or 541 delivery of a true copy thereof or, if the tenant is absent from 542 the premises, by leaving a copy thereof at the dwelling unit 543 residence. The notice requirements of subsections (1), (2), and 544 (3), and (6) may not be waived in the rental agreement lease. 545 Section 9.Subsection (2) of section 83.60, Florida 546 Statutes, is amended to read: 547 83.60Defenses to action for rent or possession; 548 procedure. 549 (2)In an action by the landlord for possession of a 550 dwelling unit, if the tenant interposes any defense other than 551 payment, including, but not limited to, the defense of a 552 defective 3-day notice, the tenant shall pay into the registry 553 of the court the accrued rent as alleged in the complaint or as 554 determined by the court and the rent that accrues during the 555 pendency of the proceeding, when due. The clerk shall notify the 556 tenant of such requirement in the summons. Failure of the tenant 557 to pay the rent into the registry of the court or to file a 558 motion to determine the amount of rent to be paid into the 559 registry within 5 days, excluding Saturdays, Sundays, and legal 560 holidays, after the date of service of process constitutes an 561 absolute waiver of the tenants defenses other than payment, and 562 the landlord is entitled to an immediate default judgment for 563 removal of the tenant with a writ of possession to issue without 564 further notice or hearing thereon. If a motion to determine rent 565 is filed, documentation in support of the allegation that the 566 rent as alleged in the complaint is in error is required. Public 567 housing tenants or tenants receiving rent subsidies are required 568 to deposit only that portion of the full rent for which they are 569 responsible pursuant to the federal, state, or local program in 570 which they are participating. 571 Section 10.Section 83.67, Florida Statutes, is amended to 572 read: 573 83.67Prohibited practices. 574 (1)A landlord of any dwelling unit governed by this part 575 may shall not cause, directly or indirectly, the termination or 576 interruption of any utility service furnished to the tenant, 577 including, but not limited to, water, heat, light, electricity, 578 gas, elevator, garbage collection, or refrigeration, whether or 579 not the utility service is under the control of, or payment is 580 made by, the landlord. 581 (2)A landlord of any dwelling unit governed by this part 582 may shall not prevent the tenant from gaining reasonable access 583 to the dwelling unit by any means, including, but not limited 584 to, changing the locks or using any bootlock or similar device. 585 (3)A landlord of any dwelling unit governed by this part 586 may shall not discriminate against a servicemember in offering a 587 dwelling unit for rent or in any of the terms of the rental 588 agreement. 589 (4)A landlord of any dwelling unit governed by this part 590 may not discriminate against a person in offering a dwelling 591 unit for rent or in any of the terms of the rental agreement, 592 based on the persons race; color; religion; sex; pregnancy; 593 national origin; age; physical, mental, or developmental 594 disability; HIV status; familial status; sexual orientation; 595 gender identity; source of income; or credit score. For purposes 596 of this subsection, the term: 597 (a)Familial status means the makeup of a persons 598 family, including whether there is a child under the age of 18 599 living with the person or whether the person is seeking custody 600 of a child under the age of 18. 601 (b)Gender identity means the identity, appearance, or 602 behavior of a person, regardless of whether such identity, 603 appearance, or behavior is different from that traditionally 604 associated with the persons physiology or assigned sex at 605 birth. 606 (c)Sexual orientation means a persons heterosexuality, 607 homosexuality, or bisexuality. 608 (d)Source of income means the legal gain or recurrent 609 benefit, often measured in money or currency, paid to a person 610 or a representative of the person, including, but not limited 611 to, any form of federal, state, or local public, food, or 612 housing assistance or subsidy, including assistance from the 613 Supplemental Nutrition Assistance Program under 7 U.S.C. ss. 614 2011 et seq., and the Housing Choice Voucher Program under 24 615 C.F.R. part 982. 616 (5)A landlord of any dwelling unit governed by this part 617 may not harass or intimidate a tenant for the purpose of 618 coercing the tenant into terminating the rental agreement or 619 accepting a rent increase. 620 (6)A landlord of any dwelling unit governed by this part 621 may not require a prospective tenant to sign a rental agreement 622 before showing the dwelling unit, either in person or through 623 photographs, to the prospective tenant. 624 (7)Unless otherwise required by law, a landlord of any 625 dwelling unit governed by this part may not inquire into or 626 consider a prospective tenants criminal history on a rental 627 application or rental agreement. A landlord may inquire into or 628 consider a prospective tenants criminal history only after the 629 landlord determines that the prospective tenant otherwise 630 qualifies to rent a dwelling unit. 631 (8)If a landlord requires a prospective tenant to complete 632 a rental application before residing in a dwelling unit, the 633 landlord may not charge a rental application fee that exceeds 634 $100 per applicant. For purposes of this subsection, spouses or 635 parents and dependent children are considered one applicant. If, 636 after a prospective tenant submits a rental application and 637 application fee, a dwelling unit is not available, the landlord 638 must refund the application fee to the prospective tenant. 639 (9)A landlord may shall not prohibit a tenant from 640 displaying one portable, removable, cloth or plastic United 641 States flag, not larger than 4 and 1/2 feet by 6 feet, in a 642 respectful manner in or on the dwelling unit regardless of any 643 provision in the rental agreement dealing with flags or 644 decorations. The United States flag shall be displayed in 645 accordance with s. 83.52(6). The landlord is not liable for 646 damages caused by a United States flag displayed by a tenant. 647 Any United States flag may not infringe upon the space rented by 648 any other tenant. 649 (10)(5)A landlord of any dwelling unit governed by this 650 part may shall not remove the outside doors, locks, roof, walls, 651 or windows of the unit except for purposes of maintenance, 652 repair, or replacement; and the landlord may shall not remove 653 the tenants personal property from the dwelling unit unless 654 such action is taken after surrender, abandonment, recovery of 655 possession of the dwelling unit due to the death of the last 656 remaining tenant in accordance with s. 83.59(3)(d), or a lawful 657 eviction. If provided in the rental agreement or a written 658 agreement separate from the rental agreement, upon surrender or 659 abandonment by the tenant, the landlord is not required to 660 comply with s. 715.104 and is not liable or responsible for 661 storage or disposition of the tenants personal property; if 662 provided in the rental agreement, there must be printed or 663 clearly stamped on such rental agreement a legend in 664 substantially the following form: 665 666 BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON 667 SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE 668 DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS 669 PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT 670 BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 671 TENANTS PERSONAL PROPERTY. 672 673 For the purposes of this section, abandonment shall be as set 674 forth in s. 83.59(3)(c). 675 (11)(6)A landlord who violates any provision of this 676 section is shall be liable to the tenant for actual and 677 consequential damages or 3 months rent, whichever is greater, 678 and costs, including attorneys fees. Subsequent or repeated 679 violations that are not contemporaneous with the initial 680 violation are shall be subject to separate awards of damages. 681 (12)(7)A violation of this section constitutes irreparable 682 harm for the purposes of injunctive relief. 683 (13)(8)The remedies provided by this section are not 684 exclusive and do not preclude the tenant from pursuing any other 685 remedy at law or equity that the tenant may have. The remedies 686 provided by this section shall also apply to a servicemember or 687 person who is a prospective tenant who has been discriminated 688 against under subsections (3) and (4) subsection (3). 689 Section 11.Section 83.675, Florida Statutes, is created to 690 read: 691 83.675Tenant opportunity to purchase. 692 (1)For purposes of this section, the term: 693 (a)Bona fide offer of sale means an offer for a price, 694 including other material terms, which is at least as favorable 695 as what a purchaser would accept in an arms length third-party 696 contract, which is comparable to that which a willing seller and 697 a willing buyer would agree upon for purchase of the dwelling 698 unit or premises, or which is the appraised value. 699 (b)Highest and best use means the reasonable legal use 700 of a dwelling unit or the premises on which the dwelling unit is 701 located which is physically possible, appropriately supported, 702 and financially feasible and which results in the highest value 703 of the dwelling unit or premises. 704 (c)Matter of right means the appropriate land use, 705 development density, or building requirements of the dwelling 706 unit or premises under zoning regulations and law. 707 (2)At least 60 days before a landlord may sell a dwelling 708 unit or the premises on which a dwelling unit is located or 709 issue a notice to vacate the dwelling unit or premises for 710 purposes of demolition or discontinuance of housing use, the 711 landlord must give the tenant an opportunity to purchase the 712 dwelling unit or the premises at a price and with material terms 713 that represent a bona fide offer of sale. 714 (3)A landlord shall provide the tenant a copy of the offer 715 of sale, in the preferred language of the tenant, by hand 716 delivery, e-mail, or certified mail. A landlord may not retain a 717 percentage of ownership in the dwelling unit or premises in the 718 offer of sale. 719 (4)The sales price contained in the offer of sale may not 720 be more than a price comparable to that which a willing seller 721 and a willing buyer would agree upon for purchase of the 722 dwelling unit or premises, or be more than the appraised value 723 of the dwelling unit or premises. 724 (5)The appraised value must be based on rights a landlord 725 has as a matter of right as of the date of the offer of sale, 726 including any existing right a landlord may have to convert the 727 dwelling unit or premises to another use. The appraised value 728 may take into consideration the highest and best use of the 729 dwelling unit or premises. 730 (6)A tenant may challenge an offer of sale as not being a 731 bona fide offer of sale and request a determination of the 732 appraised value by an independent licensed appraiser, as defined 733 in s. 475.611, at the tenants expense, by providing written 734 notice to the landlord and the Division of Consumer Services 735 within the Department of Agriculture and Consumer Services by 736 hand delivery, e-mail, or certified mail within 30 days after 737 receipt of the offer of sale. 738 (7)The landlord has the burden of proof to establish that 739 an offer of sale under this section is a bona fide offer of 740 sale. 741 Section 12.Section 83.676, Florida Statutes, is created to 742 read: 743 83.676Early termination of rental agreement by a victim of 744 domestic violence, dating violence, sexual violence, or 745 stalking; lock changing. 746 (1)As used in this section, the term: 747 (a)Dating violence has the same meaning as in s. 748 784.046(1)(d). 749 (b)Domestic violence has the same meaning as in s. 750 741.28. 751 (c)Sexual violence has the same meaning as in s. 752 784.046(1)(c). 753 (d)Stalking means the behavior described in s. 784.048. 754 (2)A landlord may not terminate a rental agreement or 755 evict a tenant for an incident involving actual or threatened 756 domestic violence, dating violence, sexual violence, or stalking 757 if the tenant or the tenants minor child is the victim of such 758 actual or threatened violence or stalking. A rental agreement 759 may not include a provision deeming that early termination of a 760 rental agreement because of an incident involving actual or 761 threatened domestic violence, dating violence, sexual violence, 762 or stalking, in which the tenant or the tenants minor child is 763 a victim and not the perpetrator, is a breach of the rental 764 agreement. 765 (3)(a)If a tenant or a tenants minor child is a victim of 766 actual or threatened domestic violence, dating violence, sexual 767 violence, or stalking during the term of a rental agreement, the 768 tenant may, without penalty, terminate the rental agreement at 769 any time by providing the landlord with written notice of the 770 tenants intent to terminate the rental agreement and to vacate 771 the premises because of such incident. The termination of the 772 rental agreement is effective immediately upon delivery of the 773 written notice and documentation specified in paragraph (b), if 774 applicable, to the landlord. 775 (b)Unless the landlord notifies the tenant that 776 documentation is not needed, a notice of termination from the 777 tenant required under paragraph (a) must be accompanied by 778 documentation verifying the tenants or the tenants minor 779 childs status as a victim of actual or threatened domestic 780 violence, dating violence, sexual violence, or stalking and may 781 include: 782 1.A copy of an injunction for protection against domestic 783 violence, dating violence, sexual violence, or stalking issued 784 to the tenant as victim or as the parent of a minor victim; 785 2.A copy of an order of no contact or a criminal 786 conviction entered by a court in a criminal case in which the 787 defendant was charged with a crime relating to domestic 788 violence, dating violence, sexual violence, or stalking against 789 the tenant or the tenants minor child; 790 3.A written verification from a domestic violence center 791 certified under chapter 39 or a rape crisis center as defined in 792 s. 794.055 which states that the tenant or the tenants minor 793 child is a victim of actual or threatened domestic violence, 794 dating violence, sexual violence, or stalking; or 795 4.A copy of a law enforcement report documenting an 796 incident of actual or threatened domestic violence, dating 797 violence, sexual violence, or stalking against the tenant or the 798 tenants minor child. 799 (c)A notice of termination from the tenant required under 800 paragraph (a) must be provided by certified mail or hand 801 delivery to the landlord, a person authorized to receive notices 802 on behalf of the landlord under s. 83.50, a resident manager, or 803 the person or entity that collects the rent on behalf of the 804 landlord. 805 (d)If a rental agreement with a specific duration is 806 terminated by a tenant under this subsection less than 30 days 807 before the end of the rental agreement, the tenant is liable for 808 the rent for the remaining period of the rental agreement. If a 809 rental agreement with a specific duration is terminated by a 810 tenant under this subsection 30 or more days before the end of 811 the rental agreement, the tenant is liable for prorated rent for 812 a period of 30 days immediately after delivery of the notice of 813 termination. After compliance with this paragraph, the tenant is 814 released from any further obligation to pay rent, concessions, 815 damages, fees, or penalties, and the landlord is not entitled to 816 the remedies provided in s. 83.595. 817 (e)If a rental agreement is terminated by a tenant under 818 this subsection, the landlord must comply with s. 83.49(3). A 819 tenant who terminates a rental agreement under this subsection 820 does not forfeit any deposit money or advance rent paid to the 821 landlord. 822 (f)This subsection does not affect a tenants liability 823 for unpaid rent or other amounts owed to the landlord before the 824 termination of the rental agreement under this subsection. 825 (g)If the perpetrator of actual or threatened domestic 826 violence, dating violence, sexual violence, or stalking is also 827 a tenant under the same rental agreement as the tenant who is a 828 victim, or whose minor child is a victim, of such actual or 829 threatened violence or stalking, neither the perpetrators 830 liability for rent nor his or her other obligations under the 831 rental agreement are terminated under this subsection, and the 832 landlord is entitled to the rights and remedies provided by this 833 part against the perpetrator. 834 (4)(a)A tenant or a tenants minor child who is a victim 835 of actual or threatened domestic violence, dating violence, 836 sexual violence, or stalking and who wishes to remain in the 837 dwelling unit may make a written request to the landlord 838 accompanied by any one of the documents listed in paragraph 839 (3)(b), and the landlord shall, within 24 hours after receipt of 840 the request, change the locks of the tenants dwelling unit and 841 provide the tenant with a key to the new locks. 842 (b)If the landlord fails to change the locks within 24 843 hours after receipt of the tenants request, the tenant may 844 change the locks without the landlords permission, 845 notwithstanding any contrary provision in the rental agreement 846 or other applicable rules or regulations imposed by the 847 landlord, if all of the following conditions have been met: 848 1.The locks are changed in like manner as if the landlord 849 had changed the locks, with locks of similar or better quality 850 than the original locks. 851 2.The landlord is notified within 24 hours after the 852 changing of the locks. 853 3.The landlord is provided a key to the new locks within a 854 reasonable time. 855 (c)If the locks are changed under this subsection, the 856 landlord is not liable to any person who does not have access to 857 the dwelling unit. 858 (5)A landlord may not refuse to enter into a rental 859 agreement for a dwelling unit, refuse to negotiate the rental of 860 a dwelling unit, make a dwelling unit unavailable, or retaliate 861 in the rental of a dwelling unit because: 862 (a)The tenant, prospective tenant, or minor child of the 863 tenant or prospective tenant is a victim of actual or threatened 864 domestic violence, dating violence, sexual violence, or 865 stalking; or 866 (b)The tenant or prospective tenant has previously 867 terminated a rental agreement because of an incident involving 868 actual or threatened domestic violence, dating violence, sexual 869 violence, or stalking in which the tenant, prospective tenant, 870 or minor child of the tenant or prospective tenant was a victim. 871 872 However, the landlord may refuse to enter into a rental 873 agreement, negotiate the rental of a dwelling unit, or make a 874 dwelling unit available if the tenant or prospective tenant 875 fails to comply with the landlords request for documentation of 876 an incident of actual or threatened domestic violence, dating 877 violence, sexual violence, or stalking which occurred before 878 termination of a prior rental agreement. A landlords request 879 for documentation is satisfied upon the tenants or prospective 880 tenants provision of any one of the documents listed in 881 paragraph (3)(b). 882 (6)All information provided to a landlord under 883 subsections (3), (4), and (5), including the fact that a tenant, 884 prospective tenant, or a tenants or prospective tenants minor 885 child is a victim of actual or threatened domestic violence, 886 dating violence, sexual violence, or stalking, and including the 887 tenants forwarding address, is confidential. The landlord may 888 not enter such information into any shared database or provide 889 the information to any other person or entity, except to the 890 extent such disclosure is: 891 (a)Made to a person specified in paragraph (3)(c) solely 892 for a legitimate business purpose; 893 (b)Requested, or consented to, in writing by the tenant or 894 the tenants legal guardian; 895 (c)Required for use in a judicial proceeding; or 896 (d)Otherwise required by law. 897 (7)A tenant or prospective tenant, on his or her own 898 behalf or on behalf of his or her minor child, may file a civil 899 action against a landlord for a violation of this section. A 900 landlord who violates subsection (5) or subsection (6) is 901 civilly liable to the victim for $1,000 for punitive damages, 902 actual and consequential damages, and court costs, including 903 reasonable attorney fees, unless the landlord can show that this 904 was the landlords first violation and the violation was not 905 committed in bad faith. Subsequent or repeated violations that 906 are not contemporaneous with the initial violation are subject 907 to separate awards of damages. 908 (8)The provisions of this section may not be waived or 909 modified by a rental agreement. 910 Section 13.Section 83.681, Florida Statutes, is amended to 911 read: 912 83.681Orders to enjoin violations of this part. 913 (1)A landlord who gives notice to a tenant of the 914 landlords intent to terminate the tenants rental agreement 915 under s. 83.56(2)(b) lease pursuant to s. 83.56(2)(a), due to 916 the tenants intentional destruction, damage, or misuse of the 917 landlords property may petition the county or circuit court for 918 an injunction prohibiting the tenant from continuing to violate 919 any of the provisions of that part. 920 (2)The court shall grant the relief requested under 921 pursuant to subsection (1) in conformity with the principles 922 that govern the granting of injunctive relief from threatened 923 loss or damage in other civil cases. 924 (3)Evidence of a tenants intentional violation of s. 925 83.56(2)(a)1.-6. resulting destruction, damage, or misuse of the 926 landlords property in an amount greater than twice the value of 927 money deposited with the landlord under pursuant to s. 83.49 or 928 $300, whichever is greater, constitutes shall constitute 929 irreparable harm for the purposes of injunctive relief. 930 Section 14.Section 83.684, Florida Statutes, is created to 931 read: 932 83.684Actions for rent or possession during a state of 933 emergency. 934 (1)A declaration of a state of emergency declared by the 935 President of the United States, the Governor, or a local 936 authority tolls any statutory time periods relating to the 937 eviction of a residential tenant under this part during the 938 emergency declaration period. The court shall on its own motion 939 stay any eviction proceeding under this part during the 940 emergency declaration period. For purposes of this section, the 941 term emergency declaration period includes the period of time 942 stated in the declaration of the state of emergency, any 943 extensions thereof, and up to 15 days after the expiration of 944 such period of time. 945 (2)A landlord may not bring an action for possession of a 946 dwelling unit under s. 83.59 or remove any personal property of 947 a tenant under s. 83.62 during an emergency declaration period 948 if all of the following conditions are met: 949 (a)The tenant lives within the geographic boundaries of 950 the state of emergency. 951 (b)The tenant or a member of the tenants immediate family 952 is deceased, missing, or injured as a result of the natural 953 disaster for which the state of emergency was declared. 954 (c)The tenants ability to pay rent is directly or 955 substantially affected by the natural disaster for which the 956 state of emergency was declared. 957 Section 15.This act shall take effect July 1, 2022.