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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 housing; providing a short title; 2
creating s. 20.71, F.S.; creating the Department of 3
Housing and Tenant Rights as a new department of state 4
government; providing for the secretary of the 5
Department of Housing and Tenant Rights to be 6
appointed by the Governor and confirmed by the Senate; 7
providing duties of the secretary; providing the 8
purpose of the department; requiring a report on the 9
implementation of an empty homes tax be provided to 10
the Governor and Legislature by a specified date; 11
providing government reorganization for certain 12
chapters of law; amending s. 83.43, F.S.; revising 13
definitions; creating s. 83.455, F.S.; providing 14
requirements for rental agreements; requiring 15
landlords to provide certain information with rental 16
agreements; amending s. 83.46, F.S.; requiring that a 17
landlord provide written notice of a rent increase to 18
a tenant by a specified time; requiring such notice to 19
include an option for mediation under certain 20
circumstances; amending s. 83.47, F.S.; providing that 21
certain provisions in a rental agreement are void and 22
unenforceable; amending s. 83.49, F.S.; removing the 23
option for a landlord to deposit certain money into a 24
non-interest-bearing account; revising written notice 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
requirements to tenants; providing for dam ages if a 26
landlord fails to meet certain requirements; amending 27
s. 83.51, F.S.; requiring a landlord to inspect a 28
dwelling unit at a specified time to ensure compliance 29
with applicable codes; amending s. 83.54, F.S.; 30
requiring certain records be removed fr om a tenant's 31
credit report under certain circumstances; amending s. 32
83.56, F.S.; revising and specifying grounds for 33
termination of a rental agreement; requiring landlords 34
to provide certain tenants a specified amount of time 35
to vacate the premises after delivery of a notice to 36
terminate the rental agreement before bringing a 37
specified action; conforming provisions to changes 38
made by the act; conforming a cross -reference; 39
amending s. 83.60, F.S.; removing a requirement that 40
certain money be paid into the r egistry of the court; 41
creating s. 83.626, F.S.; authorizing tenants, mobile 42
home owners, mobile home tenants, or mobile home 43
occupants who are defendants in certain eviction 44
proceedings to file a motion with the court to have 45
the records of such proceeding s sealed and to have 46
their names substituted on the progress docket under 47
certain conditions; providing applicability; requiring 48
the court to grant such motions if certain 49
requirements are met; authorizing that such relief be 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
granted only once; requiring t enants, mobile home 51
owners, mobile home tenants, or mobile home occupants 52
to submit a specified sworn statement under penalty of 53
perjury with their motion; requiring the court to 54
substitute a defendant's name on the progress docket 55
if a judgment is entered in favor of the defendant; 56
providing exceptions; providing retroactive 57
applicability; amending s. 83.63, F.S.; conforming a 58
cross-reference; amending s. 83.67, F.S.; prohibiting 59
a landlord from engaging in certain conduct; providing 60
definitions; conformin g a cross-reference to changes 61
made by the act; creating s. 83.675, F.S.; providing 62
definitions; requiring a landlord to give tenants the 63
opportunity to purchase the dwelling unit or premises 64
under certain circumstances; providing requirements 65
for an offer of sale; authorizing a tenant to 66
challenge an offer of sale; creating s. 83.676, F.S.; 67
providing definitions; prohibiting a landlord from 68
evicting a tenant or terminating a rental agreement 69
because the tenant or the tenant's minor child is a 70
victim of actual or threatened domestic violence, 71
dating violence, sexual violence, or stalking; 72
specifying that a rental agreement may not contain 73
certain provisions; authorizing a victim of such 74
actual or threatened violence or stalking to terminate 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
a rental agreement under certain circumstances; 76
requiring certain documentation and written notice to 77
landlord; providing for liability for rent for both 78
the tenant and the perpetrator, if applicable; 79
specifying that a tenant does not forfeit certain 80
money paid to the land lord for terminating the rental 81
agreement under certain circumstances; requiring a 82
landlord to change the locks of the dwelling unit 83
within a specified time period under certain 84
circumstances; authorizing the tenant to change the 85
locks of the dwelling unit under certain 86
circumstances; prohibiting certain actions by a 87
landlord under certain circumstances; authorizing 88
filing of a civil action and an award of damages, 89
fees, and costs under certain circumstances; 90
prohibiting the waiver of certain provisions; am ending 91
s. 163.31801, F.S.; authorizing local governments and 92
special districts to adopt a specified impact fee; 93
requiring that the revenue generated from such impact 94
fee be used for a specified purpose; creating s. 95
201.025, F.S.; providing the amount of do cumentary 96
stamp tax imposed on purchases of certain property by 97
certain entities; requiring revenue generated by such 98
tax to be deposited into the Florida Affordable 99
Housing Trust Fund; providing exceptions; providing an 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
effective date. 101
102
Be It Enacted by the Legislature of the State of Florida: 103
104
Section 1. This act shall be cited as the "Keep Floridians 105
Housed Act." 106
Section 2. Section 20.71, Florida Statutes, is created to 107
read: 108
20.71 Department of Housing and Tenant Rights. — 109
(1) There is created the Department of Housing and Tenant 110
Rights. 111
(2) The head of the department is the secretary, who shall 112
be appointed by the Governor, subject to confirmation by the 113
Senate. The secretary shall serve at the pleasure of and report 114
to the Governor. The secretary may appoint deputy and assistant 115
secretaries as necessary to aid the secretary in fulfilling his 116
or her statutory obligations. The secretary may create offices 117
or divisions within the department to promote efficient and 118
effective operation of t he department. 119
(3) The purpose of the department is to assist the 120
Governor in working with the Legislature, state agencies, and 121
other interested entities to formulate and implement coherent 122
and consistent policies and strategies designed to combat 123
affordable housing and homelessness issues in the state; assist 124
with housing and urban development; and perpetuate amicable 125
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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
landlord-tenant relationships. 126
(4) The department shall, by January 1, 2025, conduct 127
research and submit a report to the Governor, the P resident of 128
the Senate, and the Speaker of the House of Representatives on a 129
cost-benefit analysis of implementing an empty homes tax. 130
(5) The department shall take over the role of state 131
government from other departments that currently administer 132
chapter 83 and chapters 419 -423. 133
Section 3. Subsections (11) and (16) of section 83.43, 134
Florida Statutes, are amended to read: 135
83.43 Definitions.—As used in this part, the following 136
words and terms shall have the following meanings unless some 137
other meaning is plainly indicated: 138
(11) "Rent" means the periodic payments due the landlord 139
from the tenant for occupancy under a rental agreement and any 140
other payments due the landlord from the tenant as may be 141
designated as rent in a written rental agreement . The term does 142
not include deposit money, security deposits, late fees, early 143
termination fees, liquidated damages, or any other charge or fee 144
even if the charge or fee is designated as rent in a written 145
rental agreement. 146
(16) "Tenant" means any person enti tled to occupy a 147
dwelling unit or property held out for the use of tenants 148
generally under a rental agreement. 149
Section 4. Section 83.455, Florida Statutes, is created to 150
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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
read: 151
83.455 Rental agreements. — 152
(1) Immediately after entering into, extending, or 153
renewing a rental agreement, the tenant must be provided a copy 154
of the rental agreement. The rental agreement must be written in 155
plain language and, at the tenant's request, translated into the 156
preferred language of the tenant. 157
(2) Notwithstanding any other provision of law, all rental 158
agreements entered into, extended, or renewed on or after July 159
1, 2024, must include the following provisions: 160
(a) Before a private sale or transfer of title of the 161
dwelling unit or the premises on which the dwelling unit is 162
located, the landlord must provide the tenant with the right of 163
first refusal to purchase the dwelling unit or premises as 164
provided under s. 83.675. 165
(b) If a landlord chooses not to extend or renew a rental 166
agreement, he or she must pro vide the tenant 60 days' notice of 167
his or her decision and provide a written explanation for such 168
decision. 169
(c) If a rental agreement provision authorizes termination 170
of the rental agreement by the landlord without cause, such 171
provision must require the landlord to provide the tenant just 172
compensation and comprehensive relocation assistance. 173
(d) A landlord may not terminate a tenancy for cause 174
during a state of emergency declared by the Governor under 175
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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
chapter 252. 176
(e) During a state of emergency decla red by the Governor 177
under chapter 252, a tenant may install wind resistance 178
improvements, as defined in s. 163.08(2)(b)3., to the dwelling 179
unit at the tenant's expense. 180
(f) A landlord may not terminate a tenancy because a 181
tenant establishes, attempts to establish, or participates in a 182
tenant organization. 183
Section 5. Subsection (4) is added to section 83.46, 184
Florida Statutes, to read: 185
83.46 Rent; duration of tenancies. — 186
(4) A landlord must provide to a tenant a written notice, 187
by certified mail or hand delivery, of a planned rent increase 188
at least 60 days before the rental agreement renewal period. If 189
the rent increase is more than 5 percent, the landlord must 190
provide notice, by certified mail or hand delivery, at least 3 191
months before the rental ag reement renewal period. If the rent 192
increase is more than 5 percent, the notice must also contain a 193
statement that the tenant may elect to participate in nonbinding 194
mediation, at the expense of the tenant, by providing written 195
notice to the landlord, by ce rtified mail or hand delivery, 196
within 14 days after receipt of the notice of the rent increase. 197
For a tenancy without a specific duration, the landlord must 198
provide written notice, by certified mail or hand delivery, of a 199
planned rent increase within the t imeframes provided in s. 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
83.57. 201
Section 6. Paragraph (c) is added to subsection (1) of 202
section 83.47, Florida Statutes, to read: 203
83.47 Prohibited provisions in rental agreements. — 204
(1) A provision in a rental agreement is void and 205
unenforceable to the extent that it: 206
(c) Purports that early termination of a rental agreement 207
because of an incident involving actual or threatened domestic 208
violence, dating violence, sexual violence, or stalking, in 209
which the tenant or the tenant's minor child is a vict im and not 210
the perpetrator, is a breach of the rental agreement. 211
Section 7. Subsections (1) through (9) of section 83.49, 212
Florida Statutes, are renumbered as subsections (2) through 213
(10), respectively, present subsections (1) through (5), (7), 214
and (9) are amended, and a new subsection (1) is added to that 215
section, to read: 216
83.49 Deposit money or advance rent; duty of landlord and 217
tenant.— 218
(1)(a) A landlord may not charge a tenant a security 219
deposit that is more than 1 month's rent. 220
(b) The landlord must allow the tenant, in his or her 221
discretion, to pay the total amount of the security deposit in 222
12 equal payments to be paid at the same time and in the same 223
manner as the tenant's rent. If the duration of the rental 224
agreement is less than 1 year, th e total amount of the deposit 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
must be paid in equal monthly payments based on the duration of 226
the tenancy and be paid at the same time and in the same manner 227
as the tenant's rent. 228
(c) If a tenant pays his or her security deposit according 229
to paragraph (b), when the rental agreement is terminated or the 230
tenant vacates or abandons the premises before the expiration of 231
the term specified in the rental agreement, the tenant is 232
entitled to a refund equivalent to the amount of the security 233
deposit that he or sh e already paid, minus any deductions 234
properly claimed by the landlord under subsection (4) for 235
damages. 236
(2)(1) Whenever money is deposited or advanced by a tenant 237
on a rental agreement as security for performance of the rental 238
agreement or as advance ren t for other than the next immediate 239
rental period, the landlord or the landlord's agent shall 240
either: 241
(a) Hold the total amount of such money in a separate non -242
interest-bearing account in a Florida banking institution for 243
the benefit of the tenant or ten ants. The landlord shall not 244
commingle such moneys with any other funds of the landlord or 245
hypothecate, pledge, or in any other way make use of such moneys 246
until such moneys are actually due the landlord; 247
(a)(b) Hold the total amount of such money in a s eparate 248
interest-bearing account in a Florida banking institution for 249
the benefit of the tenant or tenants, in which case the tenant 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
shall receive and collect interest in an amount of at least 75 251
percent of the annualized average interest rate payable on s uch 252
account or interest at the rate of 5 percent per year, simple 253
interest, whichever the landlord elects. The landlord shall not 254
commingle such moneys with any other funds of the landlord or 255
hypothecate, pledge, or in any other way make use of such moneys 256
until such moneys are actually due the landlord; or 257
(b)(c) Post a surety bond, executed by the landlord as 258
principal and a surety company authorized and licensed to do 259
business in the state as surety, with the clerk of the circuit 260
court in the county in which the dwelling unit is located in the 261
total amount of the security deposits and advance rent he or she 262
holds on behalf of the tenants or $50,000, whichever is less. 263
The bond shall be conditioned upon the faithful compliance of 264
the landlord with the pr ovisions of this section and shall run 265
to the Governor for the benefit of any tenant injured by the 266
landlord's violation of the provisions of this section. In 267
addition to posting the surety bond, the landlord shall pay to 268
the tenant interest at the rate of 5 percent per year, simple 269
interest. A landlord, or the landlord's agent, engaged in the 270
renting of dwelling units in five or more counties, who holds 271
deposit moneys or advance rent and who is otherwise subject to 272
the provisions of this section, may, in l ieu of posting a surety 273
bond in each county, elect to post a surety bond in the form and 274
manner provided in this paragraph with the office of the 275
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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
Secretary of State. The bond shall be in the total amount of the 276
security deposit or advance rent held on beha lf of tenants or in 277
the amount of $250,000, whichever is less. The bond shall be 278
conditioned upon the faithful compliance of the landlord with 279
the provisions of this section and shall run to the Governor for 280
the benefit of any tenant injured by the landlor d's violation of 281
this section. In addition to posting a surety bond, the landlord 282
shall pay to the tenant interest on the security deposit or 283
advance rent held on behalf of that tenant at the rate of 5 284
percent per year simple interest. 285
(3)(2) The landlord shall, in the rental lease agreement 286
or within 30 days after receipt of advance rent or a security 287
deposit, give written notice to the tenant which includes 288
disclosure of the advance rent or security deposit. Subsequent 289
to providing such written notice, if the landlord changes the 290
manner or location in which he or she is holding the advance 291
rent or security deposit, he or she must notify the tenant 292
within 30 days after the change as provided in paragraphs (a) -293
(d). The landlord is not required to give new or additional 294
notice solely because the depository has merged with another 295
financial institution, changed its name, or transferred 296
ownership to a different financial institution. This subsection 297
does not apply to any landlord who rents fewer than five 298
individual dwelling units. Failure to give this notice is not a 299
defense to the payment of rent when due. The written notice 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
must: 301
(a) Be given in person or by mail to the tenant. 302
(b) State the name and address of the depository where the 303
advance rent or security deposit is being held or state that the 304
landlord has posted a surety bond as provided by law. 305
(c) State that whether the tenant is entitled to interest 306
on the deposit and the amount of the interest . 307
(d) Contain the following disclosure: 308
YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF CERTAIN 309
DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE 310
LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU 311
MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT 312
THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE 313
LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE 314
OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE 315
DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR 316
OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE 317
LANDLORD'S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST 318
MAIL YOU THE REMAINING DEPOSIT, IF ANY. 319
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD 320
MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU 321
FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE 322
LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A 323
LAWSUIT CLAIMING A REFUND. 324
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE 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
FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FA VOR A JUDGMENT 326
IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY 327
THE LOSING PARTY. 328
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 329
FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 330
OBLIGATIONS. 331
(4)(3) The landlord or the landlord's agent may disburse 332
advance rents from the deposit account to the landlord's benefit 333
when the advance rental period commences and without notice to 334
the tenant. For all other deposits: 335
(a) Upon the vacating of the premises for termination of 336
the rental agreement lease, if the landlord does not intend to 337
impose a claim on the security deposit, the landlord must shall 338
have 15 days to return the security deposit together with 339
interest within 30 days after the tenant vacates the premises. 340
if otherwise required, or The landlord has shall have 30 days 341
after the tenant vacates the premises to give the tenant written 342
notice by certified mail to the tenant's last known mailing 343
address of his or her intention to impose a claim on the deposit 344
and the reason for imposing the claim. The notice must shall 345
contain a statement in substantially the following form: 346
This is a notice of my intention to impose a claim for 347
damages in the amount of .... upon your security deposit, due to 348
..... It is sent to you as requi red by s. 83.49(4) s. 83.49(3), 349
Florida Statutes. You are hereby notified that you must object 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
in writing to this deduction from your security deposit within 351
15 days after from the time you receive this notice or I will be 352
authorized to deduct my claim fro m your security deposit. Your 353
objection must be sent to ...(landlord's address).... 354
If the landlord fails to give the required notice within the 30 -355
day period, he or she forfeits the right to impose a claim upon 356
the security deposit and may not seek a seto ff against the 357
deposit but may file an action for damages after return of the 358
deposit. 359
(b) Unless the tenant objects to the imposition of the 360
landlord's claim or the amount thereof within 15 days after 361
receipt of the landlord's notice of intention to imp ose a claim, 362
the landlord may then deduct the amount of his or her claim and 363
must shall remit the balance of the deposit and any interest to 364
the tenant within 30 days after the date of the notice of 365
intention to impose a claim for damages. The failure of t he 366
tenant to make a timely objection does not waive any rights of 367
the tenant to seek damages in a separate action. 368
(c) If either party institutes an action in a court of 369
competent jurisdiction to adjudicate the party's right to the 370
security deposit, the prevailing party is entitled to receive 371
his or her court costs plus a reasonable fee for his or her 372
attorney. If a court finds that the landlord failed to meet the 373
requirements of this section, the court must award the tenant 374
damages equal to three times t he amount of the tenant's security 375
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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
deposit. The court shall advance the cause on the calendar. 376
(d) Compliance with this section by an individual or 377
business entity authorized to conduct business in this state, 378
including Florida-licensed real estate broke rs and sales 379
associates, constitutes compliance with all other relevant 380
Florida Statutes pertaining to security deposits held pursuant 381
to a rental agreement or other landlord -tenant relationship. 382
Enforcement personnel shall look solely to this section to 383
determine compliance. This section prevails over any conflicting 384
provisions in chapter 475 and in other sections of the Florida 385
Statutes, and operates shall operate to permit licensed real 386
estate brokers to disburse security deposits and deposit money 387
without having to comply with the notice and settlement 388
procedures contained in s. 475.25(1)(d). 389
(5)(4) The provisions of This section does do not apply to 390
transient rentals by hotels or motels as defined in chapter 509 ; 391
or nor do they apply in those instances in which the amount of 392
rent or deposit, or both, is regulated by law or by rules or 393
regulations of a public body, including public housing 394
authorities and federally administered or regulated housing 395
programs including s. 202, s. 221(d)(3) and (4), s. 236 , or s. 8 396
of the National Housing Act, as amended, other than for rent 397
stabilization. With the exception of subsections (4), (6), and 398
(7) (3), (5), and (6), this section is not applicable to housing 399
authorities or public housing agencies created pursuant t o 400
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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
chapter 421 or other statutes. 401
(6)(5) Except when otherwise provided by the terms of a 402
written rental agreement lease, any tenant who vacates or 403
abandons the premises before prior to the expiration of the term 404
specified in the written rental agreement lease, or any tenant 405
who vacates or abandons premises which are the subject of a 406
tenancy from week to week, month to month, quarter to quarter, 407
or year to year, must shall give at least 7 days' written 408
notice, which notice must include the address where the tenant 409
may be reached, by certified mail or personal delivery to the 410
landlord before prior to vacating or abandoning the premises 411
which notice shall include the address where the tenant may be 412
reached. Failure to give such notice relieves shall relieve the 413
landlord of the notice requirement of paragraph (4)(a)(3)(a) but 414
does shall not waive any right the tenant may have to the 415
security deposit or any part of it. 416
(8)(7) Upon the sale or transfer of title of the rental 417
property from one owner to another , or upon a change in the 418
designated rental agent, any and all security deposits or 419
advance rents being held for the benefit of the tenants must 420
shall be transferred to the new owner or agent, together with 421
any earned interest and with an accurate accounti ng showing the 422
amounts to be credited to each tenant account. Upon the transfer 423
of such funds and records to the new owner or agent, and upon 424
transmittal of a written receipt therefor, the transferor is 425
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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
free from the obligation imposed in subsection (2)(1) to hold 426
such moneys on behalf of the tenant. There is a rebuttable 427
presumption that any new owner or agent received the security 428
deposit from the previous owner or agent; however, this 429
presumption is limited to 1 month's rent. This subsection does 430
not excuse the landlord or agent for a violation of other 431
provisions of this section while in possession of such deposits. 432
(10)(9) In those cases in which interest is required to be 433
paid to the tenant, The landlord shall pay directly to the 434
tenant, or credit ag ainst the current month's rent, the interest 435
due to the tenant at least once annually. However, no interest 436
may not be paid to shall be due a tenant who wrongfully 437
terminates his or her tenancy before prior to the end of the 438
rental term. 439
Section 8. Paragraph (a) of subsection (1) of section 440
83.51, Florida Statutes, is amended to read: 441
83.51 Landlord's obligation to maintain premises. — 442
(1) The landlord at all times during the tenancy shall: 443
(a) Comply with the requirements of applicable building, 444
housing, and health codes . The landlord, at commencement of the 445
tenancy, must inspect the dwelling unit to ensure compliance 446
with all applicable codes ; or 447
448
The landlord is not required to maintain a mobile home or other 449
structure owned by the tenant. The la ndlord's obligations under 450
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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
this subsection may be altered or modified in writing with 451
respect to a single-family home or duplex. 452
Section 9. Section 83.54, Florida Statutes, is amended to 453
read: 454
83.54 Enforcement of rights and duties; civil action; 455
criminal offenses.—Any right or duty declared in this part is 456
enforceable by civil action. A right or duty enforced by civil 457
action under this section does not preclude prosecution for a 458
criminal offense related to the rental agreement or rented 459
dwelling unit or premises lease or leased property . In an action 460
brought by a tenant for wrongful termination of a rental 461
agreement, if the court finds in favor of the tenant, any 462
eviction complaint filed by the landlord must be dismissed and 463
the record of such filing removed from the tenant's credit 464
report. 465
Section 10. Subsections (5) and (6) of section 83.56, 466
Florida Statutes, are renumbered as subsections (6) and (7), 467
respectively, subsections (2), (3), and (4), and paragraph (b) 468
of present subsection (5), and pr esent subsection (6) are 469
amended, and new subsections (5) and (8) are added to that 470
section, to read: 471
83.56 Termination of rental agreement. — 472
(2)(a) A landlord must have good cause to terminate a 473
rental agreement. The following reasons constitute good cause 474
allowing for termination of a rental agreement: 475
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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. The destruction, damage, or misuse of the landlord's or 476
other tenants' property by intentional act. 477
2. A tenant's disorderly conduct or continued unreasonable 478
disturbance. 479
3. Failure of the tenant to comply with s. 83.52. 480
4. A violation or breach of the landlord's reasonable 481
rules and regulations. 482
5. A violation or breach of covenants or agreements 483
contained in the rental agreement. 484
6. Use of the dwelling unit or premises for illegal 485
purposes or acts that the tenant has been criminally charged 486
with, including, but not limited to, the manufacture, sale, or 487
use of illegal drugs, theft of property, or assault or threats 488
on the landlord or his or her relatives, as defined in s. 489
494.001, or employees. 490
7. The dwelling unit or premises are removed from the 491
rental market because the state, any political subdivision as 492
defined in s. 1.01(8), or other entity exercises its power of 493
eminent domain, the landlord seeks in good faith to permanently 494
remove the property from the rental market, or the landlord is 495
converting the dwelling unit or premises from the rental market 496
to a condominium, cooperative, or fee simple ownership. 497
8. The dwelling unit or premises are being used as an 498
incident of employment and such employment is terminated. 499
9. The landlord seeks in good faith to recover possession 500
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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
of the dwelling unit or premises for his or her own use and 501
occupancy as a principal residence, or for the use and occupancy 502
as a principal residence by a re lative, as defined in s. 503
494.001, of the landlord. 504
(b) If any of the violations in subparagraphs 1. -6. exist 505
the tenant materially fails to comply with s. 83.52 or material 506
provisions of the rental agreement, other than a failure to pay 507
rent, or reasonable rules or regulations , the landlord may: 508
1.(a) If the violation such noncompliance is of a nature 509
that the tenant should not be given an opportunity to cure it or 510
if the violation noncompliance constitutes a subsequent or 511
continuing violation noncompliance within 12 months after of a 512
written warning by the landlord of a similar violation, deliver 513
a written notice to the tenant specifying the violation 514
noncompliance and the landlord's intent to terminate the rental 515
agreement by reason thereof. Examples of noncompliance which are 516
of a nature that the tenant should not be given an opportunity 517
to cure include, but are not limited to, destruction, damage, or 518
misuse of the landlord's or other tenants' property by 519
intentional act or a subsequent or con tinued unreasonable 520
disturbance. In such event, the landlord may terminate the 521
rental agreement, and the tenant has shall have 7 days after 522
from the date that the notice is delivered to vacate the 523
premises. The notice must shall be in substantially the 524
following form: 525
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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
You are advised that your rental agreement lease is 526
terminated effective immediately. You shall have 7 days after 527
from the delivery of this letter to vacate the premises. This 528
action is taken because ...(cite the violation 529
noncompliance).... 530
2.(b) If the violation such noncompliance is of a nature 531
that the tenant should be given an opportunity to cure it, 532
deliver a written notice to the tenant specifying the violation 533
noncompliance, including a notice that, if the violation 534
noncompliance is not corrected within 7 days after from the date 535
that the written notice is delivered, the landlord will shall 536
terminate the rental agreement by reason thereof. Examples of 537
such noncompliance include, but are not limited to, activities 538
in contravention of t he lease or this part such as having or 539
permitting unauthorized pets, guests, or vehicles; parking in an 540
unauthorized manner or permitting such parking; or failing to 541
keep the premises clean and sanitary. If such violation 542
noncompliance recurs within 12 months after receipt of such 543
notice, an eviction action may commence without delivering a 544
subsequent notice pursuant to subparagraph 1. paragraph (a) or 545
this subparagraph paragraph. The notice must shall be in 546
substantially the following form: 547
You are hereby notified that ...(cite the violation 548
noncompliance).... Demand is hereby made that you remedy the 549
violation noncompliance within 7 days after of receipt of this 550
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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
notice or your rental agreement will be lease shall be deemed 551
terminated and you must shall vacate the premises upon such 552
termination. If this same conduct or conduct of a similar nature 553
is repeated within 12 months, your tenancy is subject to 554
termination without further warning and without your being given 555
an opportunity to cure the violation noncompliance. 556
(c) If any other reason provided in paragraph (a) exists, 557
the landlord may deliver a written notice to the tenant of the 558
landlord's intent to terminate the rental agreement. The written 559
notice must specify the reason for the termination. In such 560
event, the tenant has 7 days after the date that the notice is 561
delivered to vacate the premises. 562
(3) If the tenant fails to pay rent when due and the 563
default continues for 3 days, excluding Saturday, Sunday, and 564
legal holidays, after delivery of wr itten demand by the landlord 565
for payment of the rent or possession of the premises, or if the 566
tenant habitually pays late or fails to pay the full amount of 567
rent after being given notice of a rent increase as required in 568
s. 83.46(4), the landlord may termi nate the rental agreement. 569
Habitual late payments means more than one late payment 570
following the landlord's first written demand for payment. Legal 571
holidays for the purpose of this section shall be court -observed 572
holidays only. The 3 -day notice shall conta in a statement in 573
substantially the following form: 574
You are hereby notified that you are indebted to me in the 575
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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
sum of .... dollars for the rent and use of the premises 576
...(address of leased premises, including county)..., Florida, 577
now occupied by you and that I demand payment of the rent or 578
possession of the premises within 3 days (excluding Saturday, 579
Sunday, and legal holidays) after from the date of delivery of 580
this notice, to wit: on or before the .... day of ...., 581
...(year).... 582
...(landlord's name, add ress and phone number)... 583
584
(4) The delivery of the written notices required by 585
subsections (1), (2), and (3), and (8) must shall be by mailing 586
or delivery of a true copy thereof or, if the tenant is absent 587
from the premises, by leaving a copy thereof at the residence. 588
The notice requirements of subsections (1), (2), and (3), and 589
(8) may not be waived in the rental agreement lease. 590
(5) Notwithstanding any other law to the contrary, if the 591
landlord knows or reasonably should know that the tenant is 592
pregnant or there are children under the age of 18 years living 593
in the dwelling unit, the landlord must provide the tenant at 594
least 3 months after delivery of a written notice under 595
subsection (2) or subsection (3) to vacate the premises before 596
bringing an action for possession of the dwelling unit under s. 597
83.59. 598
(6)(5) 599
(b) Any tenant who wishes to defend against an action by 600
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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 landlord for possession of the unit for noncompliance of the 601
rental agreement or of relevant statutes must comply with s. 602
83.60(2). The court may not set a date for mediation or trial 603
unless the provisions of s. 83.60(2) have been met , but must 604
enter a default judgment for removal of the tenant with a writ 605
of possession to issue immediately if the tenant fails to comply 606
with s. 83.60(2). 607
(7)(6) If the rental agreement is terminated, the landlord 608
must shall comply with s. 83.49(4) s. 83.49(3). 609
(8)(a) If the landlord seeks in good faith to undertake 610
substantial repairs to the dwelling unit or premises that cannot 611
be completed while t he dwelling unit is occupied, and that are 612
necessary to bring the dwelling unit or premises into compliance 613
with applicable codes and laws or under an outstanding notice of 614
code violations, the landlord may deliver a written notice to 615
the tenant of the lan dlord's intent to terminate the rental 616
agreement. In such event, the tenant has 7 days after the date 617
that the notice is delivered to vacate the premises. 618
(b) A notice terminating a rental agreement under this 619
subsection must include the following inform ation: 620
1. A statement in substantially the following form: "When 621
the needed repairs are completed on your dwelling unit or the 622
premises, the landlord must offer you the opportunity to return 623
to your dwelling unit with a rental agreement of substantially 624
the same terms and at the same rent, subject to the landlord's 625
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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
right to obtain a rent increase for capital improvements." 626
2. If a landlord owns other residential dwelling units and 627
any such unit is available, a statement informing the tenant of 628
the existence of the available unit and an offer to enter into a 629
temporary rental agreement for the available unit or an offer to 630
enter into a new rental agreement for the available unit. The 631
landlord must offer the replacement dwelling unit to the tenant 632
at a rent based on the rent that the tenant is currently paying, 633
allowing for adjustments based on the condition, size, and other 634
amenities of the replacement unit. 635
3. An estimate of the time required to complete the 636
repairs and the date upon which it is expected that the dwelling 637
unit will be ready for habitation. 638
(c) Upon completion of the repairs of the dwelling unit or 639
premises, the landlord must offer the tenant the first right to 640
return to the dwelling unit at the same rent and under a rental 641
agreement of substantially the same terms, subject to the 642
landlord's right to obtain a rent increase for capital 643
improvements. 644
Section 11. Subsection (2) of section 83.60, Florida 645
Statutes, is amended to read: 646
83.60 Defenses to action for rent or possession; 647
procedure.— 648
(2) In an action by the landlord for possession of a 649
dwelling unit, if the tenant interposes any defense other than 650
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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
payment, including, but not limited to, the defense of a 651
defective 3-day notice, the tenant must shall pay into the 652
registry of the court the accrued rent as alleged in the 653
complaint or as determined by the court and the rent that 654
accrues during the pendency of the proceeding, when due. The 655
clerk shall notify the tenant of such requirement in the 656
summons. Failure of the tenant to pay the rent into the registry 657
of the court or to file a motion to determine the amount of rent 658
to be paid into the registry within 5 days, excluding Saturdays, 659
Sundays, and legal holidays, after the date of service of 660
process constitutes an absolute waiver o f the tenant's defenses 661
other than payment, and the landlord is entitled to an immediate 662
default judgment for removal of the tenant with a writ of 663
possession to issue without further notice or hearing thereon. 664
If a motion to determine rent is filed, docume ntation in support 665
of the allegation that the rent as alleged in the complaint is 666
in error is required. Public housing tenants or tenants 667
receiving rent subsidies are required to deposit only that 668
portion of the full rent for which they are responsible pur suant 669
to the federal, state, or local program in which they are 670
participating. 671
Section 12. Section 83.626, Florida Statutes, is created 672
to read: 673
83.626 Court records of eviction proceedings. — 674
(1) A tenant, mobile home owner, mobile home tenant, or 675
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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
mobile home occupant who is a defendant in an eviction 676
proceeding under this part or s. 723.061 may file a motion with 677
the court to have the records of such proceeding sealed and to 678
have his or her name substituted with "tenant" or "occupant" on 679
the progress docket if any of the following conditions are 680
satisfied: 681
(a) The parties file a joint stipulation requesting relief 682
under this section. 683
(b) The case was dismissed. 684
(c) The case was resolved by settlement or stipulation of 685
the parties and the defen dant has complied with the terms of the 686
agreement. 687
(d) A default judgment was entered against the defendant 688
and the defendant has satisfied any monetary award included in 689
the judgment. This paragraph does not apply if the action was 690
brought under s. 83.5 6(2)(a) or s. 723.061(1)(b) or (c) for 691
material noncompliance, other than nonpayment of rent, because 692
of the defendant's intentional destruction, damage, or misuse of 693
the landlord's property. 694
(e) A judgment was entered against the defendant on the 695
merits at least 5 years before the motion was filed under this 696
subsection and the defendant has satisfied any monetary award 697
included in the judgment. This paragraph does not apply if the 698
action was brought under s. 83.56(2)(a) or s. 723.061(1)(b) or 699
(c) for material noncompliance, other than nonpayment of rent, 700
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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
because of the defendant's intentional destruction, damage, or 701
misuse of the landlord's property. 702
(2)(a) The court shall grant such motion without a hearing 703
if the requirements in paragraph (1)(a) or pa ragraph (1)(b) are 704
satisfied. 705
(b) If the defendant files a motion on the basis of 706
paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) being 707
satisfied, the defendant must also serve a copy of the motion on 708
all parties to the proceeding. If a written o bjection is filed 709
by a party within 30 days after such service, the court must 710
schedule a hearing. If a written objection is not filed within 711
30 days after service of the motion, or the court determines 712
after a hearing that the defendant is eligible for re lief, the 713
court must grant the motion. 714
(3) A tenant, mobile home owner, mobile home tenant, or 715
mobile home occupant is entitled to relief under subsection (2) 716
only once. When a tenant, mobile home owner, mobile home tenant, 717
or mobile home occupant files a motion under subsection (1), he 718
or she must also submit a sworn statement under penalty of 719
perjury affirming that he or she has not previously received 720
such relief from a court in the state. 721
(4) In an eviction proceeding under this part or s. 722
723.061, the court must substitute a defendant's name on the 723
progress docket with "tenant" or "occupant" if a judgment is 724
entered in favor of the defendant. 725
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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
(5) A defendant is not eligible for relief under this 726
section if: 727
(a) During any 12-month period, the de fendant has had a 728
judgment entered against him or her in two or more eviction 729
proceedings; or 730
(b) During any 24-month period, the defendant has had a 731
judgment entered against him or her in three or more eviction 732
proceedings. 733
(6) This section applies to any judgment entered before, 734
on, or after July 1, 2024. 735
Section 13. Section 83.63, Florida Statutes, is amended to 736
read: 737
83.63 Casualty damage. —If the premises are damaged or 738
destroyed other than by the wrongful or negligent acts of the 739
tenant so that the enjoyment of the premises is substantially 740
impaired, the tenant may terminate the rental agreement and 741
immediately vacate the premises. The tenant may vacate the part 742
of the premises rendered unusable by the casualty, in which case 743
the tenant's liability for rent shall be reduced by the fair 744
rental value of that part of the premises damaged or destroyed. 745
If the rental agreement is terminated, the landlord shall comply 746
with s. 83.49(4) s. 83.49(3). 747
Section 14. Section 83.67, Florida Statutes, is a mended to 748
read: 749
83.67 Prohibited practices. — 750
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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) A landlord of any dwelling unit governed by this part 751
may shall not cause, directly or indirectly, the termination or 752
interruption of any utility service furnished to the tenant, 753
including, but not limit ed to, water, heat, light, electricity, 754
gas, elevator, garbage collection, or refrigeration, whether or 755
not the utility service is under the control of, or payment is 756
made by, the landlord. 757
(2) A landlord of any dwelling unit governed by this part 758
may shall not prevent the tenant from gaining reasonable access 759
to the dwelling unit by any means, including, but not limited 760
to, changing the locks or using any bootlock or similar device. 761
(3) A landlord of any dwelling unit governed by this part 762
may shall not discriminate against a servicemember in offering a 763
dwelling unit for rent or in any of the terms of the rental 764
agreement. 765
(4) A landlord of any dwelling unit governed by this part 766
may not discriminate against a person in offering a dwelling 767
unit for rent or in any of the terms of the rental agreement 768
based on the person's race; color; religion; sex; pregnancy; 769
national origin; age; physical, mental, or developmental 770
disability; HIV status; familial status; sexual orientation; 771
gender identity; source of income; or credit score. For purposes 772
of this subsection, the term: 773
(a) "Familial status" means the makeup of a person's 774
family, including whether there is a child under the age of 18 775
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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
living with the person or whether the person is seeking custody 776
of a child under the age of 18. 777
(b) "Gender identity" means the identity, appearance, or 778
behavior of a person, regardless of whether such identity, 779
appearance, or behavior is different from that traditionally 780
associated with the person's physiology or assigne d sex at 781
birth. 782
(c) "Sexual orientation" means a person's heterosexuality, 783
homosexuality, or bisexuality. 784
(5) A landlord of any dwelling unit governed by this part 785
may not harass or intimidate a tenant for the purpose of 786
coercing the tenant into termin ating the rental agreement. 787
(6) A landlord of any dwelling unit governed by this part 788
may not refuse to show the dwelling unit, either in person or 789
through photographs, to a prospective tenant until the 790
prospective tenant signs a rental agreement. 791
(7) Unless otherwise required by law, a landlord of any 792
dwelling unit governed by this part may not inquire into or 793
consider a prospective tenant's criminal history on a rental 794
application or rental agreement. A landlord may inquire into or 795
consider a prospective tenant's criminal history only after the 796
landlord otherwise determines that the prospective tenant 797
otherwise qualifies to rent a dwelling unit. 798
(8) If a landlord requires a prospective tenant to 799
complete a rental application before residing in a dwel ling 800
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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
unit, the landlord may not charge an excessive rental 801
application fee. If, after a prospective tenant submits a rental 802
application and application fee, a dwelling unit is not 803
available, the landlord must refund the application fee to the 804
prospective tenant. 805
(9)(4) A landlord may shall not prohibit a tenant from 806
displaying one portable, removable, cloth or plastic United 807
States flag, not larger than 4 and 1/2 feet by 6 feet, in a 808
respectful manner in or on the dwelling unit regardless of any 809
provision in the rental agreement dealing with flags or 810
decorations. The United States flag shall be displayed in 811
accordance with s. 83.52(6). The landlord is not liable for 812
damages caused by a United States flag displayed by a tenant. 813
Any United States flag may n ot infringe upon the space rented by 814
any other tenant. 815
(10)(5) A landlord of any dwelling unit governed by this 816
part may shall not remove the outside doors, locks, roof, walls, 817
or windows of the unit except for purposes of maintenance, 818
repair, or replacement; and the landlord may shall not remove 819
the tenant's personal property from the dwelling unit unless 820
such action is taken after surrender, abandonment, recovery of 821
possession of the dwelling unit due to the death of the last 822
remaining tenant in accorda nce with s. 83.59(3)(d), or a lawful 823
eviction. If provided in the rental agreement or a written 824
agreement separate from the rental agreement, upon surrender or 825
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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
abandonment by the tenant, the landlord is not required to 826
comply with s. 715.104 and is not lia ble or responsible for 827
storage or disposition of the tenant's personal property; if 828
provided in the rental agreement, there must be printed or 829
clearly stamped on such rental agreement a legend in 830
substantially the following form: 831
BY SIGNING THIS RENTAL AGR EEMENT, THE TENANT AGREES THAT UPON 832
SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE 833
DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS 834
PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD IS SHALL 835
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 836
TENANT'S PERSONAL PROPERTY. 837
For the purposes of this section, abandonment is determined 838
shall be as provided set forth in s. 83.59(3)(c). 839
(11)(6) A landlord who violates any provision of this 840
section is shall be liable to the tenant for actual and 841
consequential damages or 3 months' rent, whichever is greater, 842
and costs, including attorney attorney's fees. Subsequent or 843
repeated violations that are not contemporaneous with the 844
initial violation are shall be subject to separate awards of 845
damages. 846
(12)(7) A violation of this section constitutes 847
irreparable harm for the purposes of injunctive relief. 848
(13)(8) The remedies provided by this section are not 849
exclusive and do not preclude the tenant from p ursuing any other 850
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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
remedy at law or equity that the tenant may have. The remedies 851
provided by this section shall also apply to a servicemember or 852
person who is a prospective tenant who has been discriminated 853
against under subsection (3) or subsection (4) subsection (3). 854
Section 15. Section 83.675, Florida Statutes, is created 855
to read: 856
83.675 Tenant opportunity to purchase. — 857
(1) For purposes of this section, the term: 858
(a) "Bona fide offer of sale" means an offer for a price, 859
and, including other ma terial terms, that is at least as 860
favorable as what would be accepted by a purchaser in an arm's 861
length third-party contract, that is comparable to that at which 862
a willing seller and a willing buyer would sell and purchase the 863
dwelling unit or the premises on which the dwelling unit is 864
located, or that is the appraised value. 865
(b) "Highest and best use" means the reasonable legal use 866
of a dwelling unit or the premises on which the dwelling unit is 867
located that is physically possible, appropriately supporte d, 868
and financially feasible and that results in the highest value 869
of the dwelling unit or premises on which the dwelling unit is 870
located. 871
(c) "Matter-of-right" means the appropriate land use, 872
development density, or building requirements of the dwelling 873
unit or the premises on which the dwelling unit is located under 874
zoning regulations and law. 875
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(2) Before a landlord may sell a dwelling unit or the 876
premises on which a dwelling unit is located or issue a notice 877
to vacate the dwelling unit or premises for purposes of 878
demolition or discontinuance of housing use, the landlord must 879
give the tenant an opportunity to purchase the dwelling unit or 880
the premises on which the dwelling unit is located at a price 881
and with material terms that represent a bona fide offe r of 882
sale. 883
(3) A landlord shall provide the tenant a copy of the 884
offer of sale, in the preferred language of the tenant, by hand 885
delivery, e-mail, and certified mail. A landlord may not retain 886
a percentage of ownership in the dwelling unit or the premise s 887
on which the dwelling unit is located in the offer of sale. 888
(4) The sales price contained in the offer of sale may not 889
be more than a price comparable to that at which a willing 890
seller and a willing buyer would sell and purchase the dwelling 891
unit or the premises on which the dwelling unit is located or 892
the appraised value of the dwelling unit or premises. 893
(5) The appraisal value must be based on rights a landlord 894
has as a matter-of-right as of the date of the offer of sale, 895
including any existing righ t a landlord may have to convert the 896
dwelling unit or the premises on which the dwelling unit is 897
located to another use. The appraisal value may take into 898
consideration the highest and best use of the dwelling unit or 899
premises. 900
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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
(6) A tenant may challenge an offer of sale as not being a 901
bona fide offer of sale and request a determination of the 902
appraised value by an independent licensed appraiser, as defined 903
in s. 475.611, at the expense of the tenant, by providing 904
written notice to the landlord and the Di vision of Consumer 905
Services within the Department of Agriculture and Consumer 906
Services by hand delivery, electronic transmission, or certified 907
mail within 30 days after receipt of the offer of sale. 908
(7) The landlord has the burden of proof to establish t hat 909
an offer of sale under this section is a bona fide offer of 910
sale. 911
Section 16. Section 83.676, Florida Statutes, is created 912
to read: 913
83.676 Early termination of rental agreement by a victim 914
of domestic violence, dating violence, sexual violence, o r 915
stalking; lock changing. — 916
(1) As used in this section, the term: 917
(a) "Dating violence" has the same meaning as in s. 918
784.046. 919
(b) "Domestic violence" has the same meaning as in s. 920
741.28. 921
(c) "Sexual violence" has the same meaning as in s. 922
784.046. 923
(d) "Stalking," as described in s. 784.048(2), means 924
willfully, maliciously, and repeatedly following, harassing, or 925
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cyberstalking another person. 926
(2) A landlord may not terminate a rental agreement or 927
evict a tenant for an incident involving actual or threatened 928
domestic violence, dating violence, sexual violence, or stalking 929
if the tenant or the tenant's minor child is the victim of such 930
actual or threatened violence or stalking. A rental agreement 931
may not include a provision deeming that ear ly termination of a 932
rental agreement because of an incident involving actual or 933
threatened domestic violence, dating violence, sexual violence, 934
or stalking, in which the tenant or the tenant's minor child is 935
a victim and not the perpetrator, is a breach of the rental 936
agreement. 937
(3)(a) If a tenant or a tenant's minor child is a victim 938
of actual or threatened domestic violence, dating violence, 939
sexual violence, or stalking during the term of a rental 940
agreement, the tenant may, without penalty, terminate the rental 941
agreement at any time by providing the landlord with written 942
notice of the tenant's intent to terminate the rental agreement 943
and to vacate the premises because of such incident. The 944
termination of the rental agreement is effective immediately 945
upon delivery of the written notice and documentation specified 946
in paragraph (b), if applicable, to the landlord. 947
(b) Unless the landlord notifies the tenant that 948
documentation is not needed, a notice of termination from the 949
tenant required under paragraph (a ) must be accompanied by 950
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documentation verifying the tenant's or the tenant's minor 951
child's status as a victim of actual or threatened domestic 952
violence, dating violence, sexual violence, or stalking and may 953
include: 954
1. A copy of an injunction for protec tion against domestic 955
violence, dating violence, sexual violence, or stalking issued 956
to the tenant as the victim or as parent of a minor victim; 957
2. A copy of an order of no contact or a criminal 958
conviction entered by a court in a criminal case in which t he 959
defendant was charged with a crime relating to domestic 960
violence, dating violence, sexual violence, or stalking against 961
the tenant or the tenant's minor child; 962
3. A written verification from a domestic violence center 963
certified under chapter 39 or a r ape crisis center as defined in 964
s. 794.055(2) which states that the tenant or the tenant's minor 965
child is a victim of actual or threatened domestic violence, 966
dating violence, sexual violence, or stalking; or 967
4. A copy of a law enforcement report document ing an 968
incident of actual or threatened domestic violence, dating 969
violence, sexual violence, or stalking against the tenant or the 970
tenant's minor child. 971
(c) A notice of termination from the tenant required under 972
paragraph (a) must be provided by certified mail or hand 973
delivery to the landlord, a person authorized to receive notices 974
on behalf of the landlord under s. 83.50, a resident manager, or 975
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the person or entity that collects the rent on behalf of the 976
landlord. 977
(d) If a rental agreement with a specific duration is 978
terminated by a tenant under this subsection less than 30 days 979
before the end of the rental agreement, the tenant is liable for 980
the rent for the remaining period of the rental agreement. If a 981
rental agreement with a specific duration is terminated by a 982
tenant under this subsection 30 or more days before the end of 983
the rental agreement, the tenant is liable for prorated rent for 984
a period of 30 days immediately following delivery of the notice 985
of termination. After compliance with this paragraph, the tenant 986
is released from any further obligation to pay rent, 987
concessions, damages, fees, or penalties, and the landlord is 988
not entitled to the reme dies provided in s. 83.595. 989
(e) If a rental agreement is terminated by a tenant under 990
this subsection, the landlord must comply with s. 83.49(3). A 991
tenant who terminates a rental agreement under this subsection 992
does not forfeit any deposit money or advan ce rent paid to the 993
landlord. 994
(f) This subsection does not affect a tenant's liability 995
for unpaid rent or other amounts owed to the landlord before the 996
termination of the rental agreement under this subsection. 997
(g) If the perpetrator of actual or threa tened domestic 998
violence, dating violence, sexual violence, or stalking is also 999
a tenant under the same rental agreement as the tenant who is a 1000
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victim, or whose minor child is a victim, of such actual or 1001
threatened violence or stalking, neither the perpetra tor's 1002
liability for rent nor his or her other obligations under the 1003
rental agreement are terminated under this subsection, and the 1004
landlord is entitled to the rights and remedies provided by this 1005
part against the perpetrator. 1006
(4)(a) A tenant or a tenant' s minor child who is a victim 1007
of actual or threatened domestic violence, dating violence, 1008
sexual violence, or stalking and who wishes to remain in the 1009
dwelling unit may make a written request to the landlord 1010
accompanied by any one of the documents listed i n paragraph 1011
(3)(b), and the landlord shall, within 24 hours after receipt of 1012
the request, change the locks of the tenant's dwelling unit and 1013
provide the tenant with a key to the new locks. 1014
(b) If the landlord fails to change the locks within 24 1015
hours, the tenant may change the locks without the landlord's 1016
permission, notwithstanding any contrary provision in the rental 1017
agreement or other applicable rules or regulations imposed by 1018
the landlord, if all of the following conditions have been met: 1019
1. The locks are changed in like manner as if the landlord 1020
had changed the locks, with locks of similar or better quality 1021
than the original locks. 1022
2. The landlord is notified within 24 hours after the 1023
changing of the locks. 1024
3. The landlord is provided a key to t he new locks within 1025
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a reasonable time. 1026
(c) If the locks are changed under this subsection, the 1027
landlord is not liable to any person who does not have access to 1028
the dwelling unit. 1029
(5) A landlord may not refuse to enter into a rental 1030
agreement for a dwel ling unit, refuse to negotiate for the 1031
rental of a dwelling unit, make a dwelling unit unavailable, or 1032
retaliate in the rental of a dwelling unit because: 1033
(a) The tenant, prospective tenant, or minor child of the 1034
tenant or prospective tenant is a victim of actual or threatened 1035
domestic violence, dating violence, sexual violence, or 1036
stalking; or 1037
(b) The tenant or prospective tenant has previously 1038
terminated a rental agreement because of an incident involving 1039
actual or threatened domestic violence, dating violence, sexual 1040
violence, or stalking in which the tenant, prospective tenant, 1041
or minor child of the tenant or prospective tenant was a victim. 1042
1043
However, the landlord may refuse to enter into a rental 1044
agreement, negotiate for the rental of a dwelling uni t, or make 1045
a dwelling unit available if the tenant or prospective tenant 1046
fails to comply with the landlord's request for documentation of 1047
an incident of actual or threatened domestic violence, dating 1048
violence, sexual violence, or stalking that occurred bef ore 1049
termination of a prior rental agreement. A landlord's request 1050
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for documentation is satisfied upon the tenant's or prospective 1051
tenant's provision of any one of the documents listed in 1052
paragraph (3)(b). 1053
(6) All information provided to a landlord under 1054
subsections (3), (4), and (5), including the fact that a tenant, 1055
prospective tenant, or a tenant's or prospective tenant's minor 1056
child is a victim of actual or threatened domestic violence, 1057
dating violence, sexual violence, or stalking, and including the 1058
tenant's forwarding address, is confidential. The landlord may 1059
not enter such information into any shared database or provide 1060
the information to any other person or entity, except to the 1061
extent such disclosure is: 1062
(a) Made to a person specified in paragra ph (3)(c) solely 1063
for a legitimate business purpose; 1064
(b) Requested, or consented to, in writing by the tenant 1065
or the tenant's legal guardian; 1066
(c) Required for use in a judicial proceeding; or 1067
(d) Otherwise required by law. 1068
(7) A tenant or prospective tenant, on his or her own 1069
behalf or on behalf of his or her minor child, may file a civil 1070
action against a landlord for a violation of this section. A 1071
landlord who violates subsection (5) or subsection (6) is 1072
civilly liable to the victim for $1,000 for punitive damages, 1073
actual and consequential damages, and court costs, including 1074
reasonable attorney fees, unless the landlord can show that this 1075
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was the landlord's first violation and the violation was not 1076
committed in bad faith. S ubsequent or repeated violations that 1077
are not contemporaneous with the initial violation are subject 1078
to separate awards of damages. 1079
(8) The provisions of this section may not be waived or 1080
modified by a rental agreement. 1081
Section 17. Subsection (14) is added to section 163.31801, 1082
Florida Statutes, to read: 1083
163.31801 Impact fees; short title; intent; minimum 1084
requirements; audits; challenges. — 1085
(14) A local government may adopt by ordinance or a 1086
special district may adopt by resolution an impact fee th at is 1087
charged to a developer when residents are displaced from their 1088
homes due to gentrification by the developer. The revenue 1089
generated from the impact fee must be used for affordable 1090
housing in the county, municipality, or special district that 1091
adopted such impact fee. 1092
Section 18. Section 201.025, Florida Statutes, is created 1093
to read: 1094
201.025 Tax on deeds relating to residential property 1095
purchased by private equity firms. — 1096
(1) When a deed, an instrument, or other writing for a 1097
residential single-family dwelling, a manufactured home, or an 1098
apartment complex is granted, assigned, transferred, or 1099
otherwise conveyed to a purchaser who is a private equity firm 1100
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or corporation that has at least $20 million in assets, the tax 1101
is $100 on each $100 of the co nsideration. 1102
(2) All documentary stamp tax revenues generated under 1103
this section must be deposited into the Florida Affordable 1104
Housing Trust Fund. 1105
(3) Taxes imposed by this section do not apply to an 1106
assignment, a deed, a transfer, a conveyance, or oth er 1107
disposition, which arises out of a transfer of real property if 1108
the purchaser is: 1109
(a) A nonprofit organization as defined in s. 201.02(6). 1110
(b) A government entity as defined in s. 768.295(2). 1111
(c) A person purchasing such real property pursuant to a 1112
government program to provide housing to low -income persons as 1113
defined in s. 420.0004(11). 1114
Section 19. This act shall take effect July 1, 2024. 1115