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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 the purpose of the department; requiring a 8
report on the implementation of an empty homes tax be 9
provided to the Governor and Legislature by a 10
specified date; providing government reorganization 11
for certain chapters of law; amending s. 83.43, F.S.; 12
revising definitions; creating s. 83.455, F.S.; 13
providing requirements for rental agreements; 14
requiring landlords to provide certain information 15
with rental agreements; amending s. 83.46, F.S.; 16
requiring that a landlord provide written notice of a 17
rent increase to a tenant by a specified time; 18
requiring such notice to include an option for 19
mediation under certain circumstances; amending s. 20
83.47, F.S.; providing that certain provisions in a 21
rental agreement are void and unenforceable; amending 22
s. 83.49, F.S.; removing the option for a landlord to 23
deposit certain money into a non -interest-bearing 24
account; revising written notice requirements to 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
tenants; providing for damages if a landlord fails to 26
meet certain requirements; amending s. 83.51, F.S.; 27
requiring a landlord to inspect a dwelling unit at a 28
specified time to ensure compliance with applicable 29
codes; amending s. 83.54, F.S.; requiring certain 30
records be removed from a tenant's credit report under 31
certain circumstances; amending s. 83.56, F.S.; 32
revising and specifying grounds for termination of a 33
rental agreement; requiring landlords to provide 34
certain tenants a specified amount of time to vacate 35
the premises after delivery of a notice to terminate 36
the rental agreement before bringing a specified 37
action; conforming provisions to changes made by the 38
act; conforming a cross -reference; amending s. 83.60, 39
F.S.; removing a requirement that certain money be 40
paid into the registry of the court; creating s. 41
83.626, F.S.; authorizing tenants and mobile home 42
owners who are defendants in certain eviction 43
proceedings to file a motion with the court to have 44
the records of such proceedings sealed and to have 45
their names substituted on the progress docket under 46
certain conditions; providing applicability; requiring 47
the court to grant such motions if certain 48
requirements are met; authorizing that such relief be 49
granted only once; requiring tenants and mobile home 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
owners to submit a specified sworn statement under 51
penalty of perjury with their motion; requiring the 52
court to substitute a defendant's name on the progress 53
docket if a judgment is entered in favor of the 54
defendant; providing exceptions; providing retroactive 55
applicability; amending s. 83.63, F.S.; conforming a 56
cross-reference; amending s. 83.67, F.S.; prohibiting 57
a landlord from engaging in certain conduct; providing 58
definitions; conforming a cross -reference to changes 59
made by the act; creating s. 83.675, F.S.; providing 60
definitions; requiring a landlord to gi ve tenants the 61
opportunity to purchase the dwelling unit or premises 62
under certain circumstances; providing requirements 63
for an offer of sale; authorizing a tenant to 64
challenge an offer of sale; creating s. 83.676, F.S.; 65
providing definitions; prohibiting a landlord from 66
evicting a tenant or terminating a rental agreement 67
because the tenant or the tenant's minor child is a 68
victim of actual or threatened domestic violence, 69
dating violence, sexual violence, or stalking; 70
specifying that a rental agreement may not contain 71
certain provisions; authorizing a victim of such 72
actual or threatened violence or stalking to terminate 73
a rental agreement under certain circumstances; 74
requiring certain documentation and written notice to 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
landlord; providing for liability for rent for both 76
the tenant and the perpetrator, if applicable; 77
specifying that a tenant does not forfeit certain 78
money paid to the landlord for terminating the rental 79
agreement under certain circumstances; requiring a 80
landlord to change the locks of the dwel ling unit 81
within a specified period under certain circumstances; 82
authorizing the tenant to change the locks of the 83
dwelling unit under certain circumstances; prohibiting 84
certain actions by a landlord under certain 85
circumstances; authorizing filing of a civ il action 86
and an award of damages, fees, and costs under certain 87
circumstances; prohibiting the waiver of certain 88
provisions; amending ss. 125.0103, and 166.043, F.S.; 89
removing provisions that require local government 90
measures that impose rent controls to expire within a 91
specified time period unless they are extended or 92
renewed in accordance with law; conforming cross -93
references; amending s. 163.31801, F.S.; authorizing 94
local governments and special districts to adopt a 95
specified impact fee; requiring that the revenue 96
generated from such impact fee be used for a specified 97
purpose; creating s. 201.025, F.S.; providing the 98
amount of documentary stamp tax imposed on purchases 99
of certain property by certain entities; requiring 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
revenue generated by such tax to be deposited into the 101
Florida Affordable Housing Trust Fund; providing 102
exceptions; providing an effective date. 103
104
Be It Enacted by the Legislature of the State of Florida: 105
106
Section 1. This act shall be cited as the "Keep Floridians 107
Housed Act." 108
Section 2. Section 20.71, Florida Statutes, is created to 109
read: 110
20.71 Department of Housing and Tenant Rights. — 111
(1) There is created the Department of Housing and Tenant 112
Rights. 113
(2) The head of the department is the secretary, who shall 114
be appointed by the Governor, subject to confirmation by the 115
Senate. The secretary shall serve at the pleasure of and report 116
to the Governor. The secretary may appoint deputy and assistant 117
secretaries as necessary to aid the secretary in fulfilling his 118
or her statutory obligations. The secretary may create offices 119
or divisions within the department to promote efficient and 120
effective operation of the department. 121
(3) The purpose of the department is to assist the 122
Governor in working with the Legislature, state agencies, a nd 123
other interested entities to formulate and implement coherent 124
and consistent policies and strategies designed to combat 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
affordable housing and homelessness issues in the state; assist 126
with housing and urban development; and perpetuate amicable 127
landlord-tenant relationships. 128
(4) The department shall, by January 1, 2024, conduct 129
research and submit a report to the Governor, the President of 130
the Senate, and the Speaker of the House of Representatives on a 131
cost-benefit analysis of implementing an empty hom es tax. 132
(5) The department shall take over the role of state 133
government from other departments that currently administer 134
chapter 83 and chapters 419 -423. 135
Section 3. Subsections (4) and (6) of section 83.43, 136
Florida Statutes, are amended to read: 137
83.43 Definitions.—As used in this part, the following 138
words and terms shall have the following meanings unless some 139
other meaning is plainly indicated: 140
(4) "Tenant" means any person entitled to occupy a 141
dwelling unit or property held out for the use of te nants 142
generally under a rental agreement. 143
(6) "Rent" means the periodic payments due the landlord 144
from the tenant for occupancy under a rental agreement and any 145
other payments due the landlord from the tenant as may be 146
designated as rent in a written ren tal agreement. The term does 147
not include deposit money, security deposits, late fees, early 148
termination fees, liquidated damages, or any other charge or fee 149
even if the charge or fee is designated as rent in a written 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
rental agreement. 151
Section 4. Section 83.455, Florida Statutes, is created to 152
read: 153
83.455 Rental agreements. — 154
(1) Immediately after entering into, extending, or 155
renewing a rental agreement, the tenant must be provided a copy 156
of the rental agreement. The rental agreement must be wr itten in 157
plain language and, at the tenant's request, translated into the 158
preferred language of the tenant. 159
(2) Notwithstanding any other provision of law, all rental 160
agreements entered into, extended, or renewed on or after July 161
1, 2023, must include th e following provisions: 162
(a) Before a private sale or transfer of title of the 163
dwelling unit or the premises on which the dwelling unit is 164
located, the landlord must provide the tenant with the right of 165
first refusal to purchase the dwelling unit or premi ses as 166
provided under s. 83.675. 167
(b) If a landlord chooses not to extend or renew a rental 168
agreement, he or she must provide the tenant 60 days' notice of 169
his or her decision and provide a written explanation for such 170
decision. 171
(c) If a rental agreemen t provision authorizes termination 172
of the rental agreement by the landlord without cause, such 173
provision must require the landlord to provide the tenant just 174
compensation and comprehensive relocation assistance. 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
(d) A landlord may not terminate a tenancy for cause 176
during a state of emergency declared by the Governor under 177
chapter 252. 178
(e) During a state of emergency declared by the Governor 179
under chapter 252, a tenant may install wind resistance 180
improvements, as defined in s. 163.08(2)(b)3., to the dwel ling 181
unit at the tenant's expense. 182
(f) A landlord may not terminate a tenancy because a 183
tenant establishes, attempts to establish, or participates in a 184
tenant organization. 185
Section 5. Subsection (4) is added to section 83.46, 186
Florida Statutes, to rea d: 187
83.46 Rent; duration of tenancies. — 188
(4) A landlord must provide to a tenant a written notice, 189
by certified mail or hand delivery, of a planned rent increase 190
at least 60 days before the rental agreement renewal period. If 191
the rent increase is more th an 5 percent, the landlord must 192
provide notice, by certified mail or hand delivery, at least 3 193
months before the rental agreement renewal period. If the rent 194
increase is more than 5 percent, the notice must also contain a 195
statement that the tenant may elec t to participate in nonbinding 196
mediation, at the expense of the tenant, by providing written 197
notice to the landlord, by certified mail or hand delivery, 198
within 14 days after receipt of the notice of the rent increase. 199
For a tenancy without a specific durat ion, the landlord must 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
provide written notice, by certified mail or hand delivery, of a 201
planned rent increase within the timeframes provided in s. 202
83.57. 203
Section 6. Paragraph (c) is added to subsection (1) of 204
section 83.47, Florida Statutes, to read: 205
83.47 Prohibited provisions in rental agreements. — 206
(1) A provision in a rental agreement is void and 207
unenforceable to the extent that it: 208
(c) Purports that early termination of a rental agreement 209
because of an incident involving actual or threatened d omestic 210
violence, dating violence, sexual violence, or stalking, in 211
which the tenant or the tenant's minor child is a victim and not 212
the perpetrator, is a breach of the rental agreement. 213
Section 7. Subsections (1) through (9) of section 83.49, 214
Florida Statutes, are renumbered as subsections (2) through 215
(10), respectively, present subsections (1) through (5), (7), 216
and (9) are amended, and a new subsection (1) is added to that 217
section, to read: 218
83.49 Deposit money or advance rent; duty of landlord and 219
tenant.— 220
(1)(a) A landlord may not charge a tenant a security 221
deposit that is more than 1 month's rent. 222
(b) The landlord must allow the tenant, in his or her 223
discretion, to pay the total amount of the security deposit in 224
12 equal payments to be paid at the same time and in the same 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
manner as the tenant's rent. If the duration of the rental 226
agreement is less than 1 year, the total amount of the deposit 227
must be paid in equal monthly payments based on the duration of 228
the tenancy and be paid at the same time and in the same manner 229
as the tenant's rent. 230
(c) If a tenant pays his or her security deposit according 231
to paragraph (b), when the rental agreement is terminated or the 232
tenant vacates or abandons the premises before the expiration of 233
the term specified in the rental agreement, the tenant is 234
entitled to a refund equivalent to the amount of the security 235
deposit that he or she already paid, minus any deductions 236
properly claimed by the landlord under subsection (4) for 237
damages. 238
(2)(1) Whenever money is dep osited or advanced by a tenant 239
on a rental agreement as security for performance of the rental 240
agreement or as advance rent for other than the next immediate 241
rental period, the landlord or the landlord's agent shall 242
either: 243
(a) Hold the total amount of s uch money in a separate non -244
interest-bearing account in a Florida banking institution for 245
the benefit of the tenant or tenants. The landlord shall not 246
commingle such moneys with any other funds of the landlord or 247
hypothecate, pledge, or in any other way ma ke use of such moneys 248
until such moneys are actually due the landlord; 249
(a)(b) Hold the total amount of such money in a separate 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
interest-bearing account in a Florida banking institution for 251
the benefit of the tenant or tenants, in which case the tenant 252
shall receive and collect interest in an amount of at least 75 253
percent of the annualized average interest rate payable on such 254
account or interest at the rate of 5 percent per year, simple 255
interest, whichever the landlord elects. The landlord shall not 256
commingle such moneys with any other funds of the landlord or 257
hypothecate, pledge, or in any other way make use of such moneys 258
until such moneys are actually due the landlord; or 259
(b)(c) Post a surety bond, executed by the landlord as 260
principal and a surety c ompany authorized and licensed to do 261
business in the state as surety, with the clerk of the circuit 262
court in the county in which the dwelling unit is located in the 263
total amount of the security deposits and advance rent he or she 264
holds on behalf of the ten ants or $50,000, whichever is less. 265
The bond shall be conditioned upon the faithful compliance of 266
the landlord with the provisions of this section and shall run 267
to the Governor for the benefit of any tenant injured by the 268
landlord's violation of the provis ions of this section. In 269
addition to posting the surety bond, the landlord shall pay to 270
the tenant interest at the rate of 5 percent per year, simple 271
interest. A landlord, or the landlord's agent, engaged in the 272
renting of dwelling units in five or more co unties, who holds 273
deposit moneys or advance rent and who is otherwise subject to 274
the provisions of this section, may, in lieu of posting a surety 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
bond in each county, elect to post a surety bond in the form and 276
manner provided in this paragraph with the of fice of the 277
Secretary of State. The bond shall be in the total amount of the 278
security deposit or advance rent held on behalf of tenants or in 279
the amount of $250,000, whichever is less. The bond shall be 280
conditioned upon the faithful compliance of the landl ord with 281
the provisions of this section and shall run to the Governor for 282
the benefit of any tenant injured by the landlord's violation of 283
this section. In addition to posting a surety bond, the landlord 284
shall pay to the tenant interest on the security dep osit or 285
advance rent held on behalf of that tenant at the rate of 5 286
percent per year simple interest. 287
(3)(2) The landlord shall, in the rental lease agreement 288
or within 30 days after receipt of advance rent or a security 289
deposit, give written notice to t he tenant which includes 290
disclosure of the advance rent or security deposit. Subsequent 291
to providing such written notice, if the landlord changes the 292
manner or location in which he or she is holding the advance 293
rent or security deposit, he or she must noti fy the tenant 294
within 30 days after the change as provided in paragraphs (a) -295
(d). The landlord is not required to give new or additional 296
notice solely because the depository has merged with another 297
financial institution, changed its name, or transferred 298
ownership to a different financial institution. This subsection 299
does not apply to any landlord who rents fewer than five 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
individual dwelling units. Failure to give this notice is not a 301
defense to the payment of rent when due. The written notice 302
must: 303
(a) Be given in person or by mail to the tenant. 304
(b) State the name and address of the depository where the 305
advance rent or security deposit is being held or state that the 306
landlord has posted a surety bond as provided by law. 307
(c) State that whether the tenant is entitled to interest 308
on the deposit and the amount of the interest . 309
(d) Contain the following disclosure: 310
YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF CERTAIN 311
DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE 312
LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU 313
MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT 314
THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE 315
LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE 316
OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE 317
DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR 318
OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE 319
LANDLORD'S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST 320
MAIL YOU THE REMAINING DEPOSIT, IF ANY. 321
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD 322
MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU 323
FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE 324
LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A 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
LAWSUIT CLAIMING A REFUND. 326
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE 327
FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT 328
IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY 329
THE LOSING PARTY. 330
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 331
FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 332
OBLIGATIONS. 333
(4)(3) The landlord or the landlord's agent may d isburse 334
advance rents from the deposit account to the landlord's benefit 335
when the advance rental period commences and without notice to 336
the tenant. For all other deposits: 337
(a) Upon the vacating of the premises for termination of 338
the rental agreement lease, if the landlord does not intend to 339
impose a claim on the security deposit, the landlord must shall 340
have 15 days to return the security deposit together with 341
interest within 30 days after the tenant vacates the premises. 342
if otherwise required, or The landlord has shall have 30 days 343
from when the tenant vacates the premises to give the tenant 344
written notice by certified mail to the tenant's last known 345
mailing address of his or her intention to impose a claim on the 346
deposit and the reason for imposing the c laim. The notice must 347
shall contain a statement in substantially the following form: 348
This is a notice of my intention to impose a claim for 349
damages in the amount of .... upon your security deposit, due to 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
..... It is sent to you as required by s. 83.49(4) s. 83.49(3), 351
Florida Statutes. You are hereby notified that you must object 352
in writing to this deduction from your security deposit within 353
15 days from the time you receive this notice or I will be 354
authorized to deduct my claim from your security deposit. Your 355
objection must be sent to ...(landlord's address).... 356
If the landlord fails to give the required notice within the 30 -357
day period, he or she forfeits the right to impose a claim upon 358
the security deposit and may not seek a setoff against the 359
deposit but may file an action for damages after return of the 360
deposit. 361
(b) Unless the tenant objects to the imposition of the 362
landlord's claim or the amount thereof within 15 days after 363
receipt of the landlord's notice of intention to impose a claim, 364
the landlord may then deduct the amount of his or her claim and 365
must shall remit the balance of the deposit and any interest to 366
the tenant within 30 days after the date of the notice of 367
intention to impose a claim for damages. The failure of the 368
tenant to make a time ly objection does not waive any rights of 369
the tenant to seek damages in a separate action. 370
(c) If either party institutes an action in a court of 371
competent jurisdiction to adjudicate the party's right to the 372
security deposit, the prevailing party is enti tled to receive 373
his or her court costs plus a reasonable fee for his or her 374
attorney. If a court finds that the landlord failed to meet the 375
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requirements of this section, the court must award the tenant 376
damages equal to three times the amount of the tenant' s security 377
deposit. The court shall advance the cause on the calendar. 378
(d) Compliance with this section by an individual or 379
business entity authorized to conduct business in this state, 380
including Florida-licensed real estate brokers and sales 381
associates, constitutes compliance with all other relevant 382
Florida Statutes pertaining to security deposits held pursuant 383
to a rental agreement or other landlord -tenant relationship. 384
Enforcement personnel shall look solely to this section to 385
determine compliance. Thi s section prevails over any conflicting 386
provisions in chapter 475 and in other sections of the Florida 387
Statutes, and operates shall operate to permit licensed real 388
estate brokers to disburse security deposits and deposit money 389
without having to comply with the notice and settlement 390
procedures contained in s. 475.25(1)(d). 391
(5)(4) The provisions of This section does do not apply to 392
transient rentals by hotels or motels as defined in chapter 509 ; 393
or nor do they apply in those instances in which the amount of 394
rent or deposit, or both, is regulated by law or by rules or 395
regulations of a public body, including public housing 396
authorities and federally administered or regulated housing 397
programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 398
of the National Housing Act, as amended, other than for rent 399
stabilization. With the exception of subsections (4), (6), and 400
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(7) (3), (5), and (6), this section is not applicable to housing 401
authorities or public housing agencies created pursuant to 402
chapter 421 or other s tatutes. 403
(6)(5) Except when otherwise provided by the terms of a 404
written rental agreement lease, any tenant who vacates or 405
abandons the premises before prior to the expiration of the term 406
specified in the written rental agreement lease, or any tenant 407
who vacates or abandons premises which are the subject of a 408
tenancy from week to week, month to month, quarter to quarter, 409
or year to year, must shall give at least 7 days' written 410
notice, which notice must include the address where the tenant 411
may be reached, by certified mail or personal delivery to the 412
landlord before prior to vacating or abandoning the premises 413
which notice shall include the address where the tenant may be 414
reached. Failure to give such notice relieves shall relieve the 415
landlord of the notic e requirement of paragraph (3)(a) but does 416
shall not waive any right the tenant may have to the security 417
deposit or any part of it. 418
(8)(7) Upon the sale or transfer of title of the rental 419
property from one owner to another, or upon a change in the 420
designated rental agent, any and all security deposits or 421
advance rents being held for the benefit of the tenants must 422
shall be transferred to the new owner or agent, together with 423
any earned interest and with an accurate accounting showing the 424
amounts to be credited to each tenant account. Upon the transfer 425
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of such funds and records to the new owner or agent, and upon 426
transmittal of a written receipt therefor, the transferor is 427
free from the obligation imposed in subsection (2)(1) to hold 428
such moneys on behalf o f the tenant. There is a rebuttable 429
presumption that any new owner or agent received the security 430
deposit from the previous owner or agent; however, this 431
presumption is limited to 1 month's rent. This subsection does 432
not excuse the landlord or agent for a violation of other 433
provisions of this section while in possession of such deposits. 434
(10)(9) In those cases in which interest is required to be 435
paid to the tenant, The landlord shall pay directly to the 436
tenant, or credit against the current month's rent, the interest 437
due to the tenant at least once annually. However, no interest 438
may not be paid to shall be due a tenant who wrongfully 439
terminates his or her tenancy before prior to the end of the 440
rental term. 441
Section 8. Paragraph (a) of subsection (1) of section 442
83.51, Florida Statutes, is amended to read: 443
83.51 Landlord's obligation to maintain premises. — 444
(1) The landlord at all times during the tenancy shall: 445
(a) Comply with the requirements of applicable building, 446
housing, and health codes . The landlord, at commencement of the 447
tenancy, must inspect the dwelling unit to ensure compliance 448
with all applicable codes ; or 449
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
The landlord is not required to maintain a mobile home or other 451
structure owned by the tenant. The landlord's obligations under 452
this subsection may be altered or modified in writing with 453
respect to a single-family home or duplex. 454
Section 9. Section 83.54, Florida Statutes, is amended to 455
read: 456
83.54 Enforcement of rights and duties; civil action; 457
criminal offenses.—Any right or duty declared in this part is 458
enforceable by civil action. A right or duty enforced by civil 459
action under this section does not preclude prosecution for a 460
criminal offense related to the rental agreement or rented 461
dwelling unit or premises lease or leased property. In an action 462
brought by a tenant for wrongful termination of a rental 463
agreement, if the court finds in favor of the tenant, any 464
eviction complaint filed by the landlord must be dismissed and 465
the record of such filing removed from the tenant's credit 466
report. 467
Section 10. Subsections (5) and (6) of section 83.56, 468
Florida Statutes, are renumbered as subsections (6) and (7), 469
respectively, subsections (2), (3), and (4), and paragraph (b) 470
of present subsection (5), and present subsection (6) are 471
amended, and new subsections (5) and (8) are added to that 472
section, to read: 473
83.56 Termination of rental agreement. — 474
(2)(a) A landlord must have good cause to terminate a 475
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rental agreement. The following reasons constitute good cause 476
allowing for termination o f a rental agreement: 477
1. The destruction, damage, or misuse of the landlord's or 478
other tenants' property by intentional act. 479
2. A tenant's disorderly conduct or continued unreasonable 480
disturbance. 481
3. Failure of the tenant to comply with s. 83.52. 482
4. A violation or breach of the landlord's reasonable 483
rules and regulations. 484
5. A violation or breach of covenants or agreements 485
contained in the rental agreement. 486
6. Use of the dwelling unit or premises for illegal 487
purposes or acts that the tenant has been criminally charged 488
with, including, but not limited to, the manufacture, sale, or 489
use of illegal drugs, theft of property, or assault or threats 490
on the landlord or his or her relatives, as defined in s. 491
494.001(33), or employees. 492
7. The dwelling uni t or premises are removed from the 493
rental market because the state, any political subdivision as 494
defined in s. 1.01(8), or other entity exercises its power of 495
eminent domain, the landlord seeks in good faith to permanently 496
remove the property from the rent al market, or the landlord is 497
converting the dwelling unit or premises from the rental market 498
to a condominium, cooperative, or fee simple ownership. 499
8. The dwelling unit or premises are being used as an 500
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incident of employment and such employment is term inated. 501
9. The landlord seeks in good faith to recover possession 502
of the dwelling unit or premises for his or her own use and 503
occupancy as a principal residence, or for the use and occupancy 504
as a principal residence by a relative, as defined in s. 505
494.001(33), of the landlord. 506
(b) If any of the violations in subparagraphs 1. -6. exist 507
the tenant materially fails to comply with s. 83.52 or material 508
provisions of the rental agreement, other than a failure to pay 509
rent, or reasonable rules or regulations , the landlord may: 510
1.(a) If the violation such noncompliance is of a nature 511
that the tenant should not be given an opportunity to cure it or 512
if the violation noncompliance constitutes a subsequent or 513
continuing violation noncompliance within 12 months after of a 514
written warning by the landlord of a similar violation, deliver 515
a written notice to the tenant specifying the violation 516
noncompliance and the landlord's intent to terminate the rental 517
agreement by reason thereof. Examples of noncompliance which are 518
of a nature that the tenant should not be given an opportunity 519
to cure include, but are not limited to, destruction, damage, or 520
misuse of the landlord's or other tenants' property by 521
intentional act or a subsequent or continued unreasonable 522
disturbance. In such event, the landlord may terminate the 523
rental agreement, and the tenant has shall have 7 days after 524
from the date that the notice is delivered to vacate the 525
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premises. The notice must shall be in substantially the 526
following form: 527
You are advised that y our rental agreement lease is 528
terminated effective immediately. You shall have 7 days after 529
from the delivery of this letter to vacate the premises. This 530
action is taken because ...(cite the violation 531
noncompliance).... 532
2.(b) If the violation such noncompliance is of a nature 533
that the tenant should be given an opportunity to cure it, 534
deliver a written notice to the tenant specifying the violation 535
noncompliance, including a notice that, if the violation 536
noncompliance is not corrected within 7 days after from the date 537
that the written notice is delivered, the landlord will shall 538
terminate the rental agreement by reason thereof. Examples of 539
such noncompliance include, but are not limited to, activities 540
in contravention of the lease or this part such as having or 541
permitting unauthorized pets, guests, or vehicles; parking in an 542
unauthorized manner or permitting such parking; or failing to 543
keep the premises clean and sanitary. If such violation 544
noncompliance recurs within 12 months after receipt of such 545
notice, an eviction action may commence without delivering a 546
subsequent notice pursuant to subparagraph 1. paragraph (a) or 547
this subparagraph paragraph. The notice must shall be in 548
substantially the following form: 549
You are hereby notified that ...(cite the violation 550
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noncompliance).... Demand is hereby made that you remedy the 551
violation noncompliance within 7 days after of receipt of this 552
notice or your rental agreement will be lease shall be deemed 553
terminated and you must shall vacate the premises upon such 554
termination. If this same conduct or conduct of a similar nature 555
is repeated within 12 months, your tenancy is subject to 556
termination without further warning and without your being given 557
an opportunity to cure the violation noncompliance. 558
(c) If any other reason provided in paragraph (a) exists, 559
the landlord may deliver a written notice to the tenant of the 560
landlord's intent to terminate the rental agreement. The written 561
notice must specify the reason for the termination. In such 562
event, the tenant has 7 days after the date that the notice is 563
delivered to vacate the premises. 564
(3) If the tenant fails to pay rent when due and the 565
default continues for 3 days, excluding Saturday, Sunday, and 566
legal holidays, after delivery of wr itten demand by the landlord 567
for payment of the rent or possession of the premises, or if the 568
tenant habitually pays late or fails to pay the full amount of 569
rent after being given notice of a rent increase as required in 570
s. 83.46(4), the landlord may termi nate the rental agreement. 571
Habitual late payments means more than one late payment 572
following the landlord's first written demand for payment. Legal 573
holidays for the purpose of this section shall be court -observed 574
holidays only. The 3 -day notice shall conta in a statement in 575
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substantially the following form: 576
You are hereby notified that you are indebted to me in the 577
sum of .... dollars for the rent and use of the premises 578
...(address of leased premises, including county)..., Florida, 579
now occupied by you and that I demand payment of the rent or 580
possession of the premises within 3 days (excluding Saturday, 581
Sunday, and legal holidays) after from the date of delivery of 582
this notice, to wit: on or before the .... day of ...., 583
...(year).... 584
...(landlord's name, add ress and phone number)... 585
586
(4) The delivery of the written notices required by 587
subsections (1), (2), and (3), and (8) must shall be by mailing 588
or delivery of a true copy thereof or, if the tenant is absent 589
from the premises, by leaving a copy thereof at the residence. 590
The notice requirements of subsections (1), (2), and (3), and 591
(8) may not be waived in the rental agreement lease. 592
(5) Notwithstanding any other law to the contrary, if the 593
landlord knows or reasonably should know that the tenant is 594
pregnant or there are children under the age of 18 years living 595
in the dwelling unit, the landlord must provide the tenant at 596
least 3 months after delivery of a written notice under 597
subsection (2) or subsection (3) to vacate the premises before 598
bringing an action for possession of the dwelling unit under s. 599
83.59. 600
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(6)(5) 601
(b) Any tenant who wishes to defend against an action by 602
the landlord for possession of the unit for noncompliance of the 603
rental agreement or of relevant statutes must comply with s. 604
83.60(2). The court may not set a date for mediation or trial 605
unless the provisions of s. 83.60(2) have been met , but must 606
enter a default judgment for removal of the tenant with a writ 607
of possession to issue immediately if the tenant fails to comply 608
with s. 83.60(2). 609
(7)(6) If the rental agreement is terminated, the landlord 610
shall comply with s. 83.49(4) s. 83.49(3). 611
(8)(a) If the landlord seeks in good faith to undertake 612
substantial repairs to the dwelling unit or premises that cannot 613
be completed while the dw elling unit is occupied, and that are 614
necessary to bring the dwelling unit or premises into compliance 615
with applicable codes and laws or under an outstanding notice of 616
code violations, the landlord may deliver a written notice to 617
the tenant of the landlord 's intent to terminate the rental 618
agreement. In such event, the tenant has 7 days after the date 619
that the notice is delivered to vacate the premises. 620
(b) A notice terminating a rental agreement under this 621
subsection must include the following information : 622
1. A statement in substantially the following form: "When 623
the needed repairs are completed on your dwelling unit or the 624
premises, the landlord must offer you the opportunity to return 625
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to your dwelling unit with a rental agreement of substantially 626
the same terms and at the same rent, subject to the landlord's 627
right to obtain a rent increase for capital improvements." 628
2. If a landlord owns other residential dwelling units and 629
any such unit is available, a statement informing the tenant of 630
the existence of the available unit and an offer to enter into a 631
temporary rental agreement for the available unit or an offer to 632
enter into a new rental agreement for the available unit. The 633
landlord must offer the replacement dwelling unit to the tenant 634
at a rent based on the rent that the tenant is currently paying, 635
allowing for adjustments based on the condition, size, and other 636
amenities of the replacement unit. 637
3. An estimate of the time required to complete the 638
repairs and the date upon which it is expected that the dwelling 639
unit will be ready for habitation. 640
(c) Upon completion of the repairs of the dwelling unit or 641
premises, the landlord must offer the tenant the first right to 642
return to the dwelling unit at the same rent and under a rental 643
agreement of substantially the same terms, subject to the 644
landlord's right to obtain a rent increase for capital 645
improvements. 646
Section 11. Subsection (2) of section 83.60, Florida 647
Statutes, is amended to read: 648
83.60 Defenses to action for rent or possession; 649
procedure.— 650
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(2) In an action by the landlord for possession of a 651
dwelling unit, if the tenant interposes any defense other than 652
payment, including, but not limited to, the defense of a 653
defective 3-day notice, the tenant must shall pay into the 654
registry of the court the accrued rent as alleged in the 655
complaint or as determined by the court and the rent that 656
accrues during the pendency of the proceeding, when due. The 657
clerk shall notify the tenant of such requirement in the 658
summons. Failure of the tenant to pay the rent into the registry 659
of the court or to file a motion to determine the amount of rent 660
to be paid into the registry within 5 days, excluding Saturdays, 661
Sundays, and legal holidays, after the date of service of 662
process constitutes an absolute waiver o f the tenant's defenses 663
other than payment, and the landlord is entitled to an immediate 664
default judgment for removal of the tenant with a writ of 665
possession to issue without further notice or hearing thereon. 666
If a motion to determine rent is filed, docume ntation in support 667
of the allegation that the rent as alleged in the complaint is 668
in error is required. Public housing tenants or tenants 669
receiving rent subsidies are required to deposit only that 670
portion of the full rent for which they are responsible pur suant 671
to the federal, state, or local program in which they are 672
participating. 673
Section 12. Section 83.626, Florida Statutes, is created 674
to read: 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
83.626 Court records of eviction proceedings. — 676
(1) A tenant or mobile home owner who is a defendant in an 677
eviction proceeding under this part or s. 723.061 may file a 678
motion with the court to have the records of such proceeding 679
sealed and to have his or her name substituted with "tenant" on 680
the progress docket if any of the following conditions are 681
satisfied: 682
(a) The parties file a joint stipulation requesting relief 683
under this section. 684
(b) The case was dismissed. 685
(c) The case was resolved by settlement or stipulation of 686
the parties and the defendant has complied with the terms of the 687
agreement. 688
(d) A default judgment was entered against the defendant 689
and the defendant has satisfied any monetary award included in 690
the judgment. This paragraph does not apply if the action was 691
brought under s. 83.56(2)(a) or s. 723.061(1)(b) or (c) for 692
material noncompliance, other than nonpayment of rent, because 693
of the tenant's intentional destruction, damage, or misuse of 694
the landlord's property. 695
(e) A judgment was entered against the defendant on the 696
merits at least 5 years before the motion was filed under this 697
subsection and the defendant has satisfied any monetary award 698
included in the judgment. This paragraph does not apply if the 699
action was brought under s. 83.56(2)(a) or s. 723.061(1)(b) or 700
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(c) for material noncompliance, other than nonpayment of rent, 701
because of the tenant's intentional destruction, damage, or 702
misuse of the landlord's property. 703
(2)(a) The court shall grant such motion without a hearing 704
if the requirements in paragraph (1)(a) or paragraph (1)(b) are 705
satisfied. 706
(b) If the defendant files a motion on the basis of 707
paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) being 708
satisfied, the defendant must also serve a copy of the motion on 709
all parties to the proceeding. If a written objection is filed 710
within 30 days after such service, the cour t must schedule a 711
hearing. If no written objection is filed within 30 days after 712
service of the motion, or the court determines after a hearing 713
that the defendant is eligible for relief, the court must grant 714
the motion. 715
(3) A tenant or mobile home owner is entitled to relief 716
under subsection (2) only once. When a tenant or mobile home 717
owner files a motion under subsection (1), he or she must also 718
submit a sworn statement under penalty of perjury affirming that 719
he or she has not previously received such re lief from a court 720
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" if a judgment is entered in favor 724
of the defendant. 725
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(5) A defendant is not el igible for relief under this 726
section if: 727
(a) During any 12-month period, the defendant 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 agains t 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, 2023. 735
Section 13. Section 83.63, Florida Statutes, is amended to 736
read: 737
83.63 Casualty damage. —If the premises are dama ged 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 amended to 748
read: 749
83.67 Prohibited practices. — 750
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(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 limited 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 t his 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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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 assigned sex at 781
birth. 782
(c) "Sexual orientation" means a person's heterosexu ality, 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 terminating the rental agreement. 787
(6) A landlord of any dwelling unit gove rned 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 determ ines 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 dwelling 800
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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 Unite d 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 not 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 prop erty 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 accordance with s. 83.59(3)(d), or a lawful 823
eviction. If provided in the rent al agreement or a written 824
agreement separate from the rental agreement, upon surrender or 825
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abandonment by the tenant, the landlord is not required to 826
comply with s. 715.104 and is not liable 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 AGREEMENT, THE TENANT AGREES THAT UPON 832
SURRENDER, ABANDONMENT, OR RECOVER Y 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 pursuing any ot her 850
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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 material 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 supported, 868
and financially feasible and that results in the highest value 869
of the dwelling unit or premises. 870
(c) "Matter-of-right" means the appropriate land use, 871
development density, or building requirements of the dwelling 872
unit or the premises on which the dwelling unit is l ocated under 873
zoning regulations and law. 874
(2) Before a landlord may sell a dwelling unit or the 875
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premises on which a dwelling unit is located or issue a notice 876
to vacate the dwelling unit or premises for purposes of 877
demolition or discontinuance of housing use, the landlord must 878
give the tenant an opportunity to purchase the dwelling unit or 879
the premises at a price and with material terms that represent a 880
bona fide offer of sale. 881
(3) A landlord shall provide the tenant a copy of the 882
offer of sale, in the p referred language of the tenant, by hand 883
delivery, e-mail, and certified mail. A landlord may not retain 884
a percentage of ownership in the dwelling unit or the premises 885
on which the dwelling unit is located in the offer of sale. 886
(4) The sales price contai ned in the offer of sale may not 887
be more than a price comparable to that at which a willing 888
seller and a willing buyer would sell and purchase the dwelling 889
unit or the premises on which the dwelling unit is located or 890
the appraised value of the dwelling un it or premises. 891
(5) The appraisal value must be based on rights a landlord 892
has as a matter-of-right as of the date of the offer of sale, 893
including any existing right a landlord may have to convert the 894
dwelling unit or the premises on which the dwelling u nit is 895
located to another use. The appraisal value may take into 896
consideration the highest and best use of the dwelling unit or 897
premises. 898
(6) A tenant may challenge an offer of sale as not being a 899
bona fide offer of sale and request a determination of th e 900
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appraised value by an independent licensed appraiser, as defined 901
in s. 475.611, at the expense of the tenant, by providing 902
written notice to the landlord and the Division of Consumer 903
Services within the Department of Agriculture and Consumer 904
Services by hand delivery, electronic transmission, or certified 905
mail within 30 days after receipt of the offer of sale. 906
(7) The landlord has the burden of proof to establish that 907
an offer of sale under this section is a bona fide offer of 908
sale. 909
Section 16. Section 83.676, Florida Statutes, is created 910
to read: 911
83.676 Early termination of rental agreement by a victim 912
of domestic violence, dating violence, sexual violence, or 913
stalking; lock changing. — 914
(1) As used in this section, the term: 915
(a) "Dating violence" has the same meaning as in s. 916
784.046. 917
(b) "Domestic violence" has the same meaning as in s. 918
741.28. 919
(c) "Sexual violence" has the same meaning as in s. 920
784.046. 921
(d) "Stalking" has the same meaning as in s. 784.048. 922
(2) A landlord may not terminate a rental agreement or 923
evict a tenant for an incident involving actual or threatened 924
domestic violence, dating violence, sexual violence, or stalking 925
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if the tenant or the tenant's minor child is the victim of such 926
actual or threatened violence or stalking. A rental agreement 927
may not include a provision deeming that early termination of a 928
rental agreement because of an incident involving actual or 929
threatened domestic violence, dating violence, sexual violence, 930
or stalking, in which the tenant or th e tenant's minor child is 931
a victim and not the perpetrator, is a breach of the rental 932
agreement. 933
(3)(a) If a tenant or a tenant's minor child is a victim 934
of actual or threatened domestic violence, dating violence, 935
sexual violence, or stalking during the term of a rental 936
agreement, the tenant may, without penalty, terminate the rental 937
agreement at any time by providing the landlord with written 938
notice of the tenant's intent to terminate the rental agreement 939
and to vacate the premises because of such incide nt. The 940
termination of the rental agreement is effective immediately 941
upon delivery of the written notice and documentation specified 942
in paragraph (b), if applicable, to the landlord. 943
(b) Unless the landlord notifies the tenant that 944
documentation is not n eeded, a notice of termination from the 945
tenant required under paragraph (a) must be accompanied by 946
documentation verifying the tenant's or the tenant's minor 947
child's status as a victim of actual or threatened domestic 948
violence, dating violence, sexual viol ence, or stalking and may 949
include: 950
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1. A copy of an injunction for protection against domestic 951
violence, dating violence, sexual violence, or stalking issued 952
to the tenant as victim or as parent of a minor victim; 953
2. A copy of an order of no contact or a criminal 954
conviction entered by a court in a criminal case in which the 955
defendant was charged with a crime relating to domestic 956
violence, dating violence, sexual violence, or stalking against 957
the tenant or the tenant's minor child; 958
3. A written verifica tion from a domestic violence center 959
certified under chapter 39 or a rape crisis center as defined in 960
s. 794.055 which states that the tenant or the tenant's minor 961
child is a victim of actual or threatened domestic violence, 962
dating violence, sexual violenc e, or stalking; or 963
4. A copy of a law enforcement report documenting an 964
incident of actual or threatened domestic violence, dating 965
violence, sexual violence, or stalking against the tenant or the 966
tenant's minor child. 967
(c) A notice of termination from t he tenant required under 968
paragraph (a) must be provided by certified mail or hand 969
delivery to the landlord, a person authorized to receive notices 970
on behalf of the landlord under s. 83.50, a resident manager, or 971
the person or entity that collects the rent on behalf of the 972
landlord. 973
(d) If a rental agreement with a specific duration is 974
terminated by a tenant under this subsection less than 30 days 975
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before the end of the rental agreement, the tenant is liable for 976
the rent for the remaining period of the rent al agreement. If a 977
rental agreement with a specific duration is terminated by a 978
tenant under this subsection 30 or more days before the end of 979
the rental agreement, the tenant is liable for prorated rent for 980
a period of 30 days immediately following delive ry of the notice 981
of termination. After compliance with this paragraph, the tenant 982
is released from any further obligation to pay rent, 983
concessions, damages, fees, or penalties, and the landlord is 984
not entitled to the remedies provided in s. 83.595. 985
(e) If a rental agreement is terminated by a tenant under 986
this subsection, the landlord must comply with s. 83.49(3). A 987
tenant who terminates a rental agreement under this subsection 988
does not forfeit any deposit money or advance rent paid to the 989
landlord. 990
(f) This subsection does not affect a tenant's liability 991
for unpaid rent or other amounts owed to the landlord before the 992
termination of the rental agreement under this subsection. 993
(g) If the perpetrator of actual or threatened domestic 994
violence, dating vio lence, sexual violence, or stalking is also 995
a tenant under the same rental agreement as the tenant who is a 996
victim, or whose minor child is a victim, of such actual or 997
threatened violence or stalking, neither the perpetrator's 998
liability for rent nor his or her other obligations under the 999
rental agreement are terminated under this subsection, and the 1000
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landlord is entitled to the rights and remedies provided by this 1001
part against the perpetrator. 1002
(4)(a) A tenant or a tenant's minor child who is a victim 1003
of actual or threatened domestic violence, dating violence, 1004
sexual violence, or stalking and who wishes to remain in the 1005
dwelling unit may make a written request to the landlord 1006
accompanied by any one of the documents listed in paragraph 1007
(3)(b), and the landlor d shall, within 24 hours after receipt of 1008
the request, change the locks of the tenant's dwelling unit and 1009
provide the tenant with a key to the new locks. 1010
(b) If the landlord fails to change the locks within 24 1011
hours, the tenant may change the locks without the landlord's 1012
permission, notwithstanding any contrary provision in the rental 1013
agreement or other applicable rules or regulations imposed by 1014
the landlord, if all of the following conditions have been met: 1015
1. The locks are changed in like manner as if the landlord 1016
had changed the locks, with locks of similar or better quality 1017
than the original locks. 1018
2. The landlord is notified within 24 hours after the 1019
changing of the locks. 1020
3. The landlord is provided a key to the new locks within 1021
a reasonable time. 1022
(c) If the locks are changed under this subsection, the 1023
landlord is not liable to any person who does not have access to 1024
the dwelling unit. 1025
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(5) A landlord may not refuse to enter into a rental 1026
agreement for a dwelling unit, refuse to negotiate for the 1027
rental of a dwelling unit, make a dwelling unit unavailable, or 1028
retaliate in the rental of a dwelling unit because: 1029
(a) The tenant, prospective tenant, or minor child of the 1030
tenant or prospective tenant is a victim of actual or threatened 1031
domestic violence, dating violence, sexual violence, or 1032
stalking; or 1033
(b) The tenant or prospective tenant has previously 1034
terminated a rental agreement because of an incident involving 1035
actual or threatened domestic violence, dating violence, sexual 1036
violence, or stalking in which the tenant, prospective tenant, 1037
or minor child of the tenant or prospective tenant was a victim. 1038
1039
However, the landlord may refuse to enter into a rental 1040
agreement, negotiate for the rental of a dwelling unit, or make 1041
a dwelling unit available if the tenant or prospective tenant 1042
fails to comply with the landlord's request for documentation of 1043
an incident of actual or threatened domestic violence, dating 1044
violence, sexual violence, or stalking that occurred before 1045
termination of a prior ren tal agreement. A landlord's request 1046
for documentation is satisfied upon the tenant's or prospective 1047
tenant's provision of any one of the documents listed in 1048
paragraph (3)(b). 1049
(6) All information provided to a landlord under 1050
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subsections (3), (4), and (5), including the fact that a tenant, 1051
prospective tenant, or a tenant's or prospective tenant's minor 1052
child is a victim of actual or threatened domestic violence, 1053
dating violence, sexual violence, or stalking, and including the 1054
tenant's forwarding address, is confidential. The landlord may 1055
not enter such information into any shared database or provide 1056
the information to any other person or entity, except to the 1057
extent such disclosure is: 1058
(a) Made to a person specified in paragraph (3)(c) solely 1059
for a legitimate business purpose; 1060
(b) Requested, or consented to, in writing by the tenant 1061
or the tenant's legal guardian; 1062
(c) Required for use in a judicial proceeding; or 1063
(d) Otherwise required by law. 1064
(7) A tenant or prospective tenant, on his or her own 1065
behalf or on behalf of his or her minor child, may file a civil 1066
action against a landlord for a violation of this section. A 1067
landlord who violates subsection (5) or subsection (6) is 1068
civilly liable to the victim for $1,000 for punitive damages, 1069
actual and consequential damages, and court costs, including 1070
reasonable attorney fees, unless the landlord can show that this 1071
was the landlord's first violation and the violation was not 1072
committed in bad faith. Subsequent or repeated violations that 1073
are not contemporaneous with the initial violation are subject 1074
to separate awards of damages. 1075
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(8) The provisions of this section may not be waived or 1076
modified by a rental agreement. 1077
Section 17. Subsections (4) through (7) of section 1078
125.0103, Florida Statutes are ren umbered as subsections (3) 1079
through (6), respectively, and present subsections (3) and (6) 1080
of that section are amended, to read: 1081
125.0103 Ordinances and rules imposing price controls; 1082
findings required; procedures. — 1083
(3) Any law, ordinance, rule, or othe r measure which has 1084
the effect of imposing controls on rents shall terminate and 1085
expire within 1 year and shall not be extended or renewed except 1086
by the adoption of a new measure meeting all the requirements of 1087
this section. 1088
(5)(6) In any court action br ought to challenge the 1089
validity of rent control imposed pursuant to the provisions of 1090
this section, the evidentiary effect of any findings or 1091
recitations required by subsection (4)(5) shall be limited to 1092
imposing upon any party challenging the validity of such measure 1093
the burden of going forward with the evidence, and the burden of 1094
proof (that is, the risk of nonpersuasion) shall rest upon any 1095
party seeking to have the measure upheld. 1096
Section 18. Subsection (14) is added to section 163.31801, 1097
Florida Statutes, to read: 1098
163.31801 Impact fees; short title; intent; minimum 1099
requirements; audits; challenges. — 1100
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(14) A local government may adopt by ordinance or a 1101
special district may adopt by resolution an impact fee that is 1102
charged to a developer when resid ents are displaced from their 1103
homes due to gentrification by the developer. The revenue 1104
generated from an impact fee must be used for affordable housing 1105
in the county, municipality, or special district that adopted 1106
such impact fee. 1107
Section 19. Subsecti ons (4) through (7) of section 1108
166.043, Florida Statutes are renumbered as subsections (3) 1109
through (6), respectively, and present subsections (3) and (6) 1110
of that section are amended, to read: 1111
166.043 Ordinances and rules imposing price controls; 1112
findings required; procedures. — 1113
(3) Any law, ordinance, rule, or other measure which has 1114
the effect of imposing controls on rents shall terminate and 1115
expire within 1 year and shall not be extended or renewed except 1116
by the adoption of a new measure meeting all th e requirements of 1117
this section. 1118
(5)(6) In any court action brought to challenge the 1119
validity of rent control imposed pursuant to the provisions of 1120
this section, the evidentiary effect of any findings or 1121
recitations required by subsection (4)(5) shall be limited to 1122
imposing upon any party challenging the validity of such measure 1123
the burden of going forward with the evidence, and the burden of 1124
proof (that is, the risk of nonpersuasion) shall rest upon any 1125
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party seeking to have the measure upheld. 1126
Section 20. Section 201.025, Florida Statutes, is created 1127
to read: 1128
201.025 Tax on deeds relating to residential property 1129
purchased by private equity firms. — 1130
(1) When a deed, an instrument, or other writing for a 1131
residential single-family dwelling, a manufact ured home, or an 1132
apartment complex is granted, assigned, transferred, or 1133
otherwise conveyed to a purchaser who is a private equity firm 1134
or corporation that has at least $20 million in assets, the tax 1135
is $100 on each $100 of the consideration. 1136
(2) All documentary stamp tax revenues generated under 1137
this section must be deposited into the Florida Affordable 1138
Housing Trust Fund. 1139
(3) Taxes imposed by this section do not apply to an 1140
assignment, a deed, a transfer, a conveyance, or other 1141
disposition, which aris es out of a transfer of real property if 1142
the purchaser is: 1143
(a) A nonprofit organization as defined in s. 201.02(6). 1144
(b) A government entity as defined in s. 768.295(2). 1145
(c) A person purchasing such real property pursuant to a 1146
government program to pr ovide housing to low -income persons as 1147
defined in s. 420.0004(11). 1148
Section 21. This act shall take effect July 1, 2023. 1149