Florida Senate - 2023 SB 1658 By Senator Torres 25-01806A-23 20231658__ 1 A bill to be entitled 2 An act relating to housing; providing a short title; 3 creating s. 20.71, F.S.; creating the Department of 4 Housing and Tenant Rights as a new department of state 5 government; providing for the secretary of the 6 department to be appointed by the Governor and 7 confirmed by the Senate; providing the purpose of the 8 department; requiring a report on the implementation 9 of an empty homes tax be provided to the Governor and 10 Legislature by a specified date; providing government 11 reorganization for certain chapters of law; amending 12 s. 83.43, F.S.; revising definitions; creating s. 13 83.455, F.S.; providing requirements for rental 14 agreements; requiring landlords to provide certain 15 information with rental agreements; amending s. 83.46, 16 F.S.; requiring that a landlord provide written notice 17 of a 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 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 tenants 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 owners to submit a specified sworn statement under 51 penalty of perjury with their motion; requiring the 52 court to substitute a defendants 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 give 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 tenants 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 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 dwelling 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 civil 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 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 20.71Department 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 Governor 122 in working with the Legislature, state agencies, and other 123 interested entities to formulate and implement coherent and 124 consistent policies and strategies designed to combat affordable 125 housing and homelessness issues in the state; assist with 126 housing and urban development; and perpetuate amicable landlord 127 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 homes 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 83.43Definitions.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 dwelling 141 unit or property held out for the use of tenants generally under 142 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 rental 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 rental agreement. 151 Section 4.Section 83.455, Florida Statutes, is created to 152 read: 153 83.455Rental agreements. 154 (1)Immediately after entering into, extending, or renewing 155 a rental agreement, the tenant must be provided a copy of the 156 rental agreement. The rental agreement must be written in plain 157 language and, at the tenants 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 the 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 premises 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 agreement 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 (d)A landlord may not terminate a tenancy for cause during 176 a state of emergency declared by the Governor under chapter 252. 177 (e)During a state of emergency declared by the Governor 178 under chapter 252, a tenant may install wind resistance 179 improvements, as defined in s. 163.08(2)(b)3., to the dwelling 180 unit at the tenants expense. 181 (f)A landlord may not terminate a tenancy because a tenant 182 establishes, attempts to establish, or participates in a tenant 183 organization. 184 Section 5.Subsection (4) is added to section 83.46, 185 Florida Statutes, to read: 186 83.46Rent; duration of tenancies. 187 (4)A landlord must provide to a tenant a written notice, 188 by certified mail or hand delivery, of a planned rent increase 189 at least 60 days before the rental agreement renewal period. If 190 the rent increase is more than 5 percent, the landlord must 191 provide notice, by certified mail or hand delivery, at least 3 192 months before the rental agreement renewal period. If the rent 193 increase is more than 5 percent, the notice must also contain a 194 statement that the tenant may elect to participate in nonbinding 195 mediation, at the expense of the tenant, by providing written 196 notice to the landlord, by certified mail or hand delivery, 197 within 14 days after receipt of the notice of the rent increase. 198 For a tenancy without a specific duration, the landlord must 199 provide written notice, by certified mail or hand delivery, of a 200 planned rent increase within the timeframes provided in s. 201 83.57. 202 Section 6.Paragraph (c) is added to subsection (1) of 203 section 83.47, Florida Statutes, to read: 204 83.47Prohibited provisions in rental agreements. 205 (1)A provision in a rental agreement is void and 206 unenforceable to the extent that it: 207 (c)Purports that early termination of a rental agreement 208 because of an incident involving actual or threatened domestic 209 violence, dating violence, sexual violence, or stalking, in 210 which the tenant or the tenants minor child is a victim and not 211 the perpetrator, is a breach of the rental agreement. 212 Section 7.Present subsections (1) through (9) of section 213 83.49, Florida Statutes, are redesignated as subsections (2) 214 through (10), respectively, a new subsection (1) is added to 215 that section, and present subsections (1) through (5), (7), and 216 (9) are amended, to read: 217 83.49Deposit money or advance rent; duty of landlord and 218 tenant. 219 (1)(a)A landlord may not charge a tenant a security 220 deposit that is more than 1 months rent. 221 (b)The landlord must allow the tenant, in his or her 222 discretion, to pay the total amount of the security deposit in 223 12 equal payments to be paid at the same time and in the same 224 manner as the tenants rent. If the duration of the rental 225 agreement is less than 1 year, the total amount of the deposit 226 must be paid in equal monthly payments based on the duration of 227 the tenancy and be paid at the same time and in the same manner 228 as the tenants rent. 229 (c)If a tenant pays his or her security deposit according 230 to paragraph (b), when the rental agreement is terminated or the 231 tenant vacates or abandons the premises before the expiration of 232 the term specified in the rental agreement, the tenant is 233 entitled to a refund equivalent to the amount of the security 234 deposit that he or she already paid, minus any deductions 235 properly claimed by the landlord under subsection (4) for 236 damages. 237 (2)(1)Whenever money is deposited or advanced by a tenant 238 on a rental agreement as security for performance of the rental 239 agreement or as advance rent for other than the next immediate 240 rental period, the landlord or the landlords agent shall 241 either: 242 (a)Hold the total amount of such money in a separate non 243 interest-bearing account in a Florida banking institution for 244 the benefit of the tenant or tenants. The landlord shall not 245 commingle such moneys with any other funds of the landlord or 246 hypothecate, pledge, or in any other way make use of such moneys 247 until such moneys are actually due the landlord; 248 (a)(b)Hold the total amount of such money in a separate 249 interest-bearing account in a Florida banking institution for 250 the benefit of the tenant or tenants, in which case the tenant 251 shall receive and collect interest in an amount of at least 75 252 percent of the annualized average interest rate payable on such 253 account or interest at the rate of 5 percent per year, simple 254 interest, whichever the landlord elects. The landlord shall not 255 commingle such moneys with any other funds of the landlord or 256 hypothecate, pledge, or in any other way make use of such moneys 257 until such moneys are actually due the landlord; or 258 (b)(c)Post a surety bond, executed by the landlord as 259 principal and a surety company authorized and licensed to do 260 business in the state as surety, with the clerk of the circuit 261 court in the county in which the dwelling unit is located in the 262 total amount of the security deposits and advance rent he or she 263 holds on behalf of the tenants or $50,000, whichever is less. 264 The bond shall be conditioned upon the faithful compliance of 265 the landlord with the provisions of this section and shall run 266 to the Governor for the benefit of any tenant injured by the 267 landlords violation of the provisions of this section. In 268 addition to posting the surety bond, the landlord shall pay to 269 the tenant interest at the rate of 5 percent per year, simple 270 interest. A landlord, or the landlords agent, engaged in the 271 renting of dwelling units in five or more counties, who holds 272 deposit moneys or advance rent and who is otherwise subject to 273 the provisions of this section, may, in lieu of posting a surety 274 bond in each county, elect to post a surety bond in the form and 275 manner provided in this paragraph with the office of the 276 Secretary of State. The bond shall be in the total amount of the 277 security deposit or advance rent held on behalf of tenants or in 278 the amount of $250,000, whichever is less. The bond shall be 279 conditioned upon the faithful compliance of the landlord with 280 the provisions of this section and shall run to the Governor for 281 the benefit of any tenant injured by the landlords violation of 282 this section. In addition to posting a surety bond, the landlord 283 shall pay to the tenant interest on the security deposit or 284 advance rent held on behalf of that tenant at the rate of 5 285 percent per year simple interest. 286 (3)(2)The landlord shall, in the rental lease agreement or 287 within 30 days after receipt of advance rent or a security 288 deposit, give written notice to the tenant which includes 289 disclosure of the advance rent or security deposit. Subsequent 290 to providing such written notice, if the landlord changes the 291 manner or location in which he or she is holding the advance 292 rent or security deposit, he or she must notify the tenant 293 within 30 days after the change as provided in paragraphs (a) 294 (d). The landlord is not required to give new or additional 295 notice solely because the depository has merged with another 296 financial institution, changed its name, or transferred 297 ownership to a different financial institution. This subsection 298 does not apply to any landlord who rents fewer than five 299 individual dwelling units. Failure to give this notice is not a 300 defense to the payment of rent when due. The written notice 301 must: 302 (a)Be given in person or by mail to the tenant. 303 (b)State the name and address of the depository where the 304 advance rent or security deposit is being held or state that the 305 landlord has posted a surety bond as provided by law. 306 (c)State that whether the tenant is entitled to interest 307 on the deposit and the amount of the interest. 308 (d)Contain the following disclosure: 309 YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF CERTAIN 310 DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE 311 LANDLORDS ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU 312 MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT 313 THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE 314 LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE 315 OUT, OF THE LANDLORDS INTENT TO IMPOSE A CLAIM AGAINST THE 316 DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR 317 OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE 318 LANDLORDS NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST 319 MAIL YOU THE REMAINING DEPOSIT, IF ANY. 320 IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD 321 MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU 322 FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE 323 LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A 324 LAWSUIT CLAIMING A REFUND. 325 YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE 326 FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT 327 IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY 328 THE LOSING PARTY. 329 THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 330 FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 331 OBLIGATIONS. 332 (4)(3)The landlord or the landlords agent may disburse 333 advance rents from the deposit account to the landlords benefit 334 when the advance rental period commences and without notice to 335 the tenant. For all other deposits: 336 (a)Upon the vacating of the premises for termination of 337 the rental agreement lease, if the landlord does not intend to 338 impose a claim on the security deposit, the landlord must shall 339 have 15 days to return the security deposit together with 340 interest within 30 days after the tenant vacates the premises. 341 if otherwise required, or The landlord has shall have 30 days 342 from when the tenant vacates the premises to give the tenant 343 written notice by certified mail to the tenants last known 344 mailing address of his or her intention to impose a claim on the 345 deposit and the reason for imposing the claim. The notice must 346 shall contain a statement in substantially the following form: 347 This is a notice of my intention to impose a claim for 348 damages in the amount of .... upon your security deposit, due to 349 ..... It is sent to you as required by s. 83.49(4) s. 83.49(3), 350 Florida Statutes. You are hereby notified that you must object 351 in writing to this deduction from your security deposit within 352 15 days from the time you receive this notice or I will be 353 authorized to deduct my claim from your security deposit. Your 354 objection must be sent to ...(landlords address).... 355 If the landlord fails to give the required notice within the 30 356 day period, he or she forfeits the right to impose a claim upon 357 the security deposit and may not seek a setoff against the 358 deposit but may file an action for damages after return of the 359 deposit. 360 (b)Unless the tenant objects to the imposition of the 361 landlords claim or the amount thereof within 15 days after 362 receipt of the landlords notice of intention to impose a claim, 363 the landlord may then deduct the amount of his or her claim and 364 must shall remit the balance of the deposit and any interest to 365 the tenant within 30 days after the date of the notice of 366 intention to impose a claim for damages. The failure of the 367 tenant to make a timely objection does not waive any rights of 368 the tenant to seek damages in a separate action. 369 (c)If either party institutes an action in a court of 370 competent jurisdiction to adjudicate the partys right to the 371 security deposit, the prevailing party is entitled to receive 372 his or her court costs plus a reasonable fee for his or her 373 attorney. If a court finds that the landlord failed to meet the 374 requirements of this section, the court must award the tenant 375 damages equal to three times the amount of the tenants security 376 deposit. The court shall advance the cause on the calendar. 377 (d)Compliance with this section by an individual or 378 business entity authorized to conduct business in this state, 379 including Florida-licensed real estate brokers and sales 380 associates, constitutes compliance with all other relevant 381 Florida Statutes pertaining to security deposits held pursuant 382 to a rental agreement or other landlord-tenant relationship. 383 Enforcement personnel shall look solely to this section to 384 determine compliance. This section prevails over any conflicting 385 provisions in chapter 475 and in other sections of the Florida 386 Statutes, and operates shall operate to permit licensed real 387 estate brokers to disburse security deposits and deposit money 388 without having to comply with the notice and settlement 389 procedures contained in s. 475.25(1)(d). 390 (5)(4)The provisions of This section does do not apply to 391 transient rentals by hotels or motels as defined in chapter 509; 392 or nor do they apply in those instances in which the amount of 393 rent or deposit, or both, is regulated by law or by rules or 394 regulations of a public body, including public housing 395 authorities and federally administered or regulated housing 396 programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 397 of the National Housing Act, as amended, other than for rent 398 stabilization. With the exception of subsections (4), (6), and 399 (7) (3), (5), and (6), this section is not applicable to housing 400 authorities or public housing agencies created pursuant to 401 chapter 421 or other statutes. 402 (6)(5)Except when otherwise provided by the terms of a 403 written rental agreement lease, any tenant who vacates or 404 abandons the premises before prior to the expiration of the term 405 specified in the written rental agreement lease, or any tenant 406 who vacates or abandons premises which are the subject of a 407 tenancy from week to week, month to month, quarter to quarter, 408 or year to year, must shall give at least 7 days written 409 notice, which notice must include the address where the tenant 410 may be reached, by certified mail or personal delivery to the 411 landlord before prior to vacating or abandoning the premises 412 which notice shall include the address where the tenant may be 413 reached. Failure to give such notice relieves shall relieve the 414 landlord of the notice requirement of paragraph (3)(a) but does 415 shall not waive any right the tenant may have to the security 416 deposit or any part of it. 417 (8)(7)Upon the sale or transfer of title of the rental 418 property from one owner to another, or upon a change in the 419 designated rental agent, any and all security deposits or 420 advance rents being held for the benefit of the tenants must 421 shall be transferred to the new owner or agent, together with 422 any earned interest and with an accurate accounting showing the 423 amounts to be credited to each tenant account. Upon the transfer 424 of such funds and records to the new owner or agent, and upon 425 transmittal of a written receipt therefor, the transferor is 426 free from the obligation imposed in subsection (2)(1) to hold 427 such moneys on behalf of the tenant. There is a rebuttable 428 presumption that any new owner or agent received the security 429 deposit from the previous owner or agent; however, this 430 presumption is limited to 1 months rent. This subsection does 431 not excuse the landlord or agent for a violation of other 432 provisions of this section while in possession of such deposits. 433 (10)(9)In those cases in which interest is required to be 434 paid to the tenant, The landlord shall pay directly to the 435 tenant, or credit against the current months rent, the interest 436 due to the tenant at least once annually. However, no interest 437 may not be paid to shall be due a tenant who wrongfully 438 terminates his or her tenancy before prior to the end of the 439 rental term. 440 Section 8.Paragraph (a) of subsection (1) of section 441 83.51, Florida Statutes, is amended to read: 442 83.51Landlords obligation to maintain premises. 443 (1)The landlord at all times during the tenancy shall: 444 (a)Comply with the requirements of applicable building, 445 housing, and health codes. The landlord, at commencement of the 446 tenancy, must inspect the dwelling unit to ensure compliance 447 with all applicable codes; or 448 449 The landlord is not required to maintain a mobile home or other 450 structure owned by the tenant. The landlords obligations under 451 this subsection may be altered or modified in writing with 452 respect to a single-family home or duplex. 453 Section 9.Section 83.54, Florida Statutes, is amended to 454 read: 455 83.54Enforcement of rights and duties; civil action; 456 criminal offenses.Any right or duty declared in this part is 457 enforceable by civil action. A right or duty enforced by civil 458 action under this section does not preclude prosecution for a 459 criminal offense related to the rental agreement or rented 460 dwelling unit or premises. In an action brought by a tenant for 461 wrongful termination of a rental agreement, if the court finds 462 in favor of the tenant, any eviction complaint filed by the 463 landlord must be dismissed and the record of such filing removed 464 from the tenants credit report lease or leased property. 465 Section 10.Present subsections (5) and (6) of section 466 83.56, Florida Statutes, are redesignated as subsections (6) and 467 (7), respectively, new subsections (5) and (8) are added to that 468 section, and subsections (2), (3), and (4), and paragraph (b) of 469 present subsection (5), and present subsection (6) are amended, 470 to read: 471 83.56Termination 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 1.The destruction, damage, or misuse of the landlords or 476 other tenants property by intentional act. 477 2.A tenants 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 landlords reasonable rules 481 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(33), 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 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 relative, as defined in s. 503 494.001(33), 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 landlords 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 landlords or other tenants property by 519 intentional act or a subsequent or continued 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 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 the 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 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 landlords 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 written 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 terminate the rental agreement. 569 Habitual late payments means more than one late payment 570 following the landlords 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 contain a statement in 573 substantially the following form: 574 You are hereby notified that you are indebted to me in the 575 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 ...(landlords name, address 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 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 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 the 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 landlords 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 information: 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 landlords 625 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 repairs 636 and the date upon which it is expected that the dwelling unit 637 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 landlords 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 83.60Defenses 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 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 of the tenants 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, documentation 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 pursuant 669 to the federal, state, or local program in which they are 670 participating. 671 Section 12.Section 83.626, Florida Statutes, is created to 672 read: 673 83.626Court records of eviction proceedings. 674 (1)A tenant or mobile home owner who is a defendant in an 675 eviction proceeding under this part or s. 723.061 may file a 676 motion with the court to have the records of such proceeding 677 sealed and to have his or her name substituted with tenant on 678 the progress docket if any of the following conditions are 679 satisfied: 680 (a)The parties file a joint stipulation requesting relief 681 under this section. 682 (b)The case was dismissed. 683 (c)The case was resolved by settlement or stipulation of 684 the parties and the defendant has complied with the terms of the 685 agreement. 686 (d)A default judgment was entered against the defendant 687 and the defendant has satisfied any monetary award included in 688 the judgment. This paragraph does not apply if the action was 689 brought under s. 83.56(2)(a) or s. 723.061(1)(b) or (c) for 690 material noncompliance, other than nonpayment of rent, because 691 of the tenants intentional destruction, damage, or misuse of 692 the landlords property. 693 (e)A judgment was entered against the defendant on the 694 merits at least 5 years before the motion was filed under this 695 subsection and the defendant has satisfied any monetary award 696 included in the judgment. This paragraph does not apply if the 697 action was brought under s. 83.56(2)(a) or s. 723.061(1)(b) or 698 (c) for material noncompliance, other than nonpayment of rent, 699 because of the tenants intentional destruction, damage, or 700 misuse of the landlords property. 701 (2)(a)The court shall grant such motion without a hearing 702 if the requirements in paragraph (1)(a) or paragraph (1)(b) are 703 satisfied. 704 (b)If the defendant files a motion on the basis of 705 paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) being 706 satisfied, the defendant must also serve a copy of the motion on 707 all parties to the proceeding. If a written objection is filed 708 within 30 days after such service, the court must schedule a 709 hearing. If no written objection is filed within 30 days after 710 service of the motion, or the court determines after a hearing 711 that the defendant is eligible for relief, the court must grant 712 the motion. 713 (3)A tenant or mobile home owner is entitled to relief 714 under subsection (2) only once. When a tenant or mobile home 715 owner files a motion under subsection (1), he or she must also 716 submit a sworn statement under penalty of perjury affirming that 717 he or she has not previously received such relief from a court 718 in the state. 719 (4)In an eviction proceeding under this part or s. 720 723.061, the court must substitute a defendants name on the 721 progress docket with tenant if a judgment is entered in favor 722 of the defendant. 723 (5)A defendant is not eligible for relief under this 724 section if: 725 (a)During any 12-month period, the defendant has had a 726 judgment entered against him or her in two or more eviction 727 proceedings; or 728 (b)During any 24-month period, the defendant has had a 729 judgment entered against him or her in three or more eviction 730 proceedings. 731 (6)This section applies to any judgment entered before, 732 on, or after July 1, 2023. 733 Section 13.Section 83.63, Florida Statutes, is amended to 734 read: 735 83.63Casualty damage.If the premises are damaged or 736 destroyed other than by the wrongful or negligent acts of the 737 tenant so that the enjoyment of the premises is substantially 738 impaired, the tenant may terminate the rental agreement and 739 immediately vacate the premises. The tenant may vacate the part 740 of the premises rendered unusable by the casualty, in which case 741 the tenants liability for rent shall be reduced by the fair 742 rental value of that part of the premises damaged or destroyed. 743 If the rental agreement is terminated, the landlord shall comply 744 with s. 83.49(4) s. 83.49(3). 745 Section 14.Section 83.67, Florida Statutes, is amended to 746 read: 747 83.67Prohibited practices. 748 (1)A landlord of any dwelling unit governed by this part 749 may shall not cause, directly or indirectly, the termination or 750 interruption of any utility service furnished to the tenant, 751 including, but not limited to, water, heat, light, electricity, 752 gas, elevator, garbage collection, or refrigeration, whether or 753 not the utility service is under the control of, or payment is 754 made by, the landlord. 755 (2)A landlord of any dwelling unit governed by this part 756 may shall not prevent the tenant from gaining reasonable access 757 to the dwelling unit by any means, including, but not limited 758 to, changing the locks or using any bootlock or similar device. 759 (3)A landlord of any dwelling unit governed by this part 760 may shall not discriminate against a servicemember in offering a 761 dwelling unit for rent or in any of the terms of the rental 762 agreement. 763 (4)A landlord of any dwelling unit governed by this part 764 may not discriminate against a person in offering a dwelling 765 unit for rent or in any of the terms of the rental agreement 766 based on the persons race; color; religion; sex; pregnancy; 767 national origin; age; physical, mental, or developmental 768 disability; HIV status; familial status; sexual orientation; 769 gender identity; source of income; or credit score. For purposes 770 of this subsection, the term: 771 (a)Familial status means the makeup of a persons 772 family, including whether there is a child under the age of 18 773 living with the person or whether the person is seeking custody 774 of a child under the age of 18. 775 (b)Gender identity means the identity, appearance, or 776 behavior of a person, regardless of whether such identity, 777 appearance, or behavior is different from that traditionally 778 associated with the persons physiology or assigned sex at 779 birth. 780 (c)Sexual orientation means a persons heterosexuality, 781 homosexuality, or bisexuality. 782 (5)A landlord of any dwelling unit governed by this part 783 may not harass or intimidate a tenant for the purpose of 784 coercing the tenant into terminating the rental agreement. 785 (6)A landlord of any dwelling unit governed by this part 786 may not refuse to show the dwelling unit, either in person or 787 through photographs, to a prospective tenant until the 788 prospective tenant signs a rental agreement. 789 (7)Unless otherwise required by law, a landlord of any 790 dwelling unit governed by this part may not inquire into or 791 consider a prospective tenants criminal history on a rental 792 application or rental agreement. A landlord may inquire into or 793 consider a prospective tenants criminal history only after the 794 landlord otherwise determines that the prospective tenant 795 otherwise qualifies to rent a dwelling unit. 796 (8)If a landlord requires a prospective tenant to complete 797 a rental application before residing in a dwelling unit, the 798 landlord may not charge an excessive rental application fee. If, 799 after a prospective tenant submits a rental application and 800 application fee, a dwelling unit is not available, the landlord 801 must refund the application fee to the prospective tenant. 802 (9)(4)A landlord may shall not prohibit a tenant from 803 displaying one portable, removable, cloth or plastic United 804 States flag, not larger than 4 and1/2 feet by 6 feet, in a 805 respectful manner in or on the dwelling unit regardless of any 806 provision in the rental agreement dealing with flags or 807 decorations. The United States flag shall be displayed in 808 accordance with s. 83.52(6). The landlord is not liable for 809 damages caused by a United States flag displayed by a tenant. 810 Any United States flag may not infringe upon the space rented by 811 any other tenant. 812 (10)(5)A landlord of any dwelling unit governed by this 813 part may shall not remove the outside doors, locks, roof, walls, 814 or windows of the unit except for purposes of maintenance, 815 repair, or replacement; and the landlord may shall not remove 816 the tenants personal property from the dwelling unit unless 817 such action is taken after surrender, abandonment, recovery of 818 possession of the dwelling unit due to the death of the last 819 remaining tenant in accordance with s. 83.59(3)(d), or a lawful 820 eviction. If provided in the rental agreement or a written 821 agreement separate from the rental agreement, upon surrender or 822 abandonment by the tenant, the landlord is not required to 823 comply with s. 715.104 and is not liable or responsible for 824 storage or disposition of the tenants personal property; if 825 provided in the rental agreement, there must be printed or 826 clearly stamped on such rental agreement a legend in 827 substantially the following form: 828 BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON 829 SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE 830 DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS 831 PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD IS SHALL 832 NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 833 TENANTS PERSONAL PROPERTY. 834 For the purposes of this section, abandonment is determined 835 shall be as provided set forth in s. 83.59(3)(c). 836 (11)(6)A landlord who violates any provision of this 837 section is shall be liable to the tenant for actual and 838 consequential damages or 3 months rent, whichever is greater, 839 and costs, including attorney attorneys fees. Subsequent or 840 repeated violations that are not contemporaneous with the 841 initial violation are shall be subject to separate awards of 842 damages. 843 (12)(7)A violation of this section constitutes irreparable 844 harm for the purposes of injunctive relief. 845 (13)(8)The remedies provided by this section are not 846 exclusive and do not preclude the tenant from pursuing any other 847 remedy at law or equity that the tenant may have. The remedies 848 provided by this section shall also apply to a servicemember or 849 person who is a prospective tenant who has been discriminated 850 against under subsection (3) or subsection (4) subsection (3). 851 Section 15.Section 83.675, Florida Statutes, is created to 852 read: 853 83.675Tenant opportunity to purchase. 854 (1)For purposes of this section, the term: 855 (a)Bona fide offer of sale means an offer for a price, 856 and, including other material terms, that is at least as 857 favorable as what would be accepted by a purchaser in an arms 858 length third-party contract, that is comparable to that at which 859 a willing seller and a willing buyer would sell and purchase the 860 dwelling unit or the premises on which the dwelling unit is 861 located, or that is the appraised value. 862 (b)Highest and best use means the reasonable legal use 863 of a dwelling unit or the premises on which the dwelling unit is 864 located that is physically possible, appropriately supported, 865 and financially feasible and that results in the highest value 866 of the dwelling unit or premises. 867 (c)Matter-of-right means the appropriate land use, 868 development density, or building requirements of the dwelling 869 unit or the premises on which the dwelling unit is located under 870 zoning regulations and law. 871 (2)Before a landlord may sell a dwelling unit or the 872 premises on which a dwelling unit is located or issue a notice 873 to vacate the dwelling unit or premises for purposes of 874 demolition or discontinuance of housing use, the landlord must 875 give the tenant an opportunity to purchase the dwelling unit or 876 the premises at a price and with material terms that represent a 877 bona fide offer of sale. 878 (3)A landlord shall provide the tenant a copy of the offer 879 of sale, in the preferred language of the tenant, by hand 880 delivery, e-mail, and certified mail. A landlord may not retain 881 a percentage of ownership in the dwelling unit or the premises 882 on which the dwelling unit is located in the offer of sale. 883 (4)The sales price contained in the offer of sale may not 884 be more than a price comparable to that at which a willing 885 seller and a willing buyer would sell and purchase the dwelling 886 unit or the premises on which the dwelling unit is located or 887 the appraised value of the dwelling unit or premises. 888 (5)The appraisal value must be based on rights a landlord 889 has as a matter-of-right as of the date of the offer of sale, 890 including any existing right a landlord may have to convert the 891 dwelling unit or the premises on which the dwelling unit is 892 located to another use. The appraisal value may take into 893 consideration the highest and best use of the dwelling unit or 894 premises. 895 (6)A tenant may challenge an offer of sale as not being a 896 bona fide offer of sale and request a determination of the 897 appraised value by an independent licensed appraiser, as defined 898 in s. 475.611, at the expense of the tenant, by providing 899 written notice to the landlord and the Division of Consumer 900 Services within the Department of Agriculture and Consumer 901 Services by hand delivery, electronic transmission, or certified 902 mail within 30 days after receipt of the offer of sale. 903 (7)The landlord has the burden of proof to establish that 904 an offer of sale under this section is a bona fide offer of 905 sale. 906 Section 16.Section 83.676, Florida Statutes, is created to 907 read: 908 83.676Early termination of rental agreement by a victim of 909 domestic violence, dating violence, sexual violence, or 910 stalking; lock changing. 911 (1)As used in this section, the term: 912 (a)Dating violence has the same meaning as in s. 913 784.046. 914 (b)Domestic violence has the same meaning as in s. 915 741.28. 916 (c)Sexual violence has the same meaning as in s. 917 784.046. 918 (d)Stalking has the same meaning as in s. 784.048. 919 (2)A landlord may not terminate a rental agreement or 920 evict a tenant for an incident involving actual or threatened 921 domestic violence, dating violence, sexual violence, or stalking 922 if the tenant or the tenants minor child is the victim of such 923 actual or threatened violence or stalking. A rental agreement 924 may not include a provision deeming that early termination of a 925 rental agreement because of an incident involving actual or 926 threatened domestic violence, dating violence, sexual violence, 927 or stalking, in which the tenant or the tenants minor child is 928 a victim and not the perpetrator, is a breach of the rental 929 agreement. 930 (3)(a)If a tenant or a tenants minor child is a victim of 931 actual or threatened domestic violence, dating violence, sexual 932 violence, or stalking during the term of a rental agreement, the 933 tenant may, without penalty, terminate the rental agreement at 934 any time by providing the landlord with written notice of the 935 tenants intent to terminate the rental agreement and to vacate 936 the premises because of such incident. The termination of the 937 rental agreement is effective immediately upon delivery of the 938 written notice and documentation specified in paragraph (b), if 939 applicable, to the landlord. 940 (b)Unless the landlord notifies the tenant that 941 documentation is not needed, a notice of termination from the 942 tenant required under paragraph (a) must be accompanied by 943 documentation verifying the tenants or the tenants minor 944 childs status as a victim of actual or threatened domestic 945 violence, dating violence, sexual violence, or stalking and may 946 include: 947 1.A copy of an injunction for protection against domestic 948 violence, dating violence, sexual violence, or stalking issued 949 to the tenant as victim or as parent of a minor victim; 950 2.A copy of an order of no contact or a criminal 951 conviction entered by a court in a criminal case in which the 952 defendant was charged with a crime relating to domestic 953 violence, dating violence, sexual violence, or stalking against 954 the tenant or the tenants minor child; 955 3.A written verification from a domestic violence center 956 certified under chapter 39 or a rape crisis center as defined in 957 s. 794.055 which states that the tenant or the tenants minor 958 child is a victim of actual or threatened domestic violence, 959 dating violence, sexual violence, or stalking; or 960 4.A copy of a law enforcement report documenting an 961 incident of actual or threatened domestic violence, dating 962 violence, sexual violence, or stalking against the tenant or the 963 tenants minor child. 964 (c)A notice of termination from the tenant required under 965 paragraph (a) must be provided by certified mail or hand 966 delivery to the landlord, a person authorized to receive notices 967 on behalf of the landlord under s. 83.50, a resident manager, or 968 the person or entity that collects the rent on behalf of the 969 landlord. 970 (d)If a rental agreement with a specific duration is 971 terminated by a tenant under this subsection less than 30 days 972 before the end of the rental agreement, the tenant is liable for 973 the rent for the remaining period of the rental agreement. If a 974 rental agreement with a specific duration is terminated by a 975 tenant under this subsection 30 or more days before the end of 976 the rental agreement, the tenant is liable for prorated rent for 977 a period of 30 days immediately following delivery of the notice 978 of termination. After compliance with this paragraph, the tenant 979 is released from any further obligation to pay rent, 980 concessions, damages, fees, or penalties, and the landlord is 981 not entitled to the remedies provided in s. 83.595. 982 (e)If a rental agreement is terminated by a tenant under 983 this subsection, the landlord must comply with s. 83.49(3). A 984 tenant who terminates a rental agreement under this subsection 985 does not forfeit any deposit money or advance rent paid to the 986 landlord. 987 (f)This subsection does not affect a tenants liability 988 for unpaid rent or other amounts owed to the landlord before the 989 termination of the rental agreement under this subsection. 990 (g)If the perpetrator of actual or threatened domestic 991 violence, dating violence, sexual violence, or stalking is also 992 a tenant under the same rental agreement as the tenant who is a 993 victim, or whose minor child is a victim, of such actual or 994 threatened violence or stalking, neither the perpetrators 995 liability for rent nor his or her other obligations under the 996 rental agreement are terminated under this subsection, and the 997 landlord is entitled to the rights and remedies provided by this 998 part against the perpetrator. 999 (4)(a)A tenant or a tenants minor child who is a victim 1000 of actual or threatened domestic violence, dating violence, 1001 sexual violence, or stalking and who wishes to remain in the 1002 dwelling unit may make a written request to the landlord 1003 accompanied by any one of the documents listed in paragraph 1004 (3)(b), and the landlord shall, within 24 hours after receipt of 1005 the request, change the locks of the tenants dwelling unit and 1006 provide the tenant with a key to the new locks. 1007 (b)If the landlord fails to change the locks within 24 1008 hours, the tenant may change the locks without the landlords 1009 permission, notwithstanding any contrary provision in the rental 1010 agreement or other applicable rules or regulations imposed by 1011 the landlord, if all of the following conditions have been met: 1012 1.The locks are changed in like manner as if the landlord 1013 had changed the locks, with locks of similar or better quality 1014 than the original locks. 1015 2.The landlord is notified within 24 hours after the 1016 changing of the locks. 1017 3.The landlord is provided a key to the new locks within a 1018 reasonable time. 1019 (c)If the locks are changed under this subsection, the 1020 landlord is not liable to any person who does not have access to 1021 the dwelling unit. 1022 (5)A landlord may not refuse to enter into a rental 1023 agreement for a dwelling unit, refuse to negotiate for the 1024 rental of a dwelling unit, make a dwelling unit unavailable, or 1025 retaliate in the rental of a dwelling unit because: 1026 (a)The tenant, prospective tenant, or minor child of the 1027 tenant or prospective tenant is a victim of actual or threatened 1028 domestic violence, dating violence, sexual violence, or 1029 stalking; or 1030 (b)The tenant or prospective tenant has previously 1031 terminated a rental agreement because of an incident involving 1032 actual or threatened domestic violence, dating violence, sexual 1033 violence, or stalking in which the tenant, prospective tenant, 1034 or minor child of the tenant or prospective tenant was a victim. 1035 1036 However, the landlord may refuse to enter into a rental 1037 agreement, negotiate for the rental of a dwelling unit, or make 1038 a dwelling unit available if the tenant or prospective tenant 1039 fails to comply with the landlords request for documentation of 1040 an incident of actual or threatened domestic violence, dating 1041 violence, sexual violence, or stalking that occurred before 1042 termination of a prior rental agreement. A landlords request 1043 for documentation is satisfied upon the tenants or prospective 1044 tenants provision of any one of the documents listed in 1045 paragraph (3)(b). 1046 (6)All information provided to a landlord under 1047 subsections (3), (4), and (5), including the fact that a tenant, 1048 prospective tenant, or a tenants or prospective tenants minor 1049 child is a victim of actual or threatened domestic violence, 1050 dating violence, sexual violence, or stalking, and including the 1051 tenants forwarding address, is confidential. The landlord may 1052 not enter such information into any shared database or provide 1053 the information to any other person or entity, except to the 1054 extent such disclosure is: 1055 (a)Made to a person specified in paragraph (3)(c) solely 1056 for a legitimate business purpose; 1057 (b)Requested, or consented to, in writing by the tenant or 1058 the tenants legal guardian; 1059 (c)Required for use in a judicial proceeding; or 1060 (d)Otherwise required by law. 1061 (7)A tenant or prospective tenant, on his or her own 1062 behalf or on behalf of his or her minor child, may file a civil 1063 action against a landlord for a violation of this section. A 1064 landlord who violates subsection (5) or subsection (6) is 1065 civilly liable to the victim for $1,000 for punitive damages, 1066 actual and consequential damages, and court costs, including 1067 reasonable attorney fees, unless the landlord can show that this 1068 was the landlords first violation and the violation was not 1069 committed in bad faith. Subsequent or repeated violations that 1070 are not contemporaneous with the initial violation are subject 1071 to separate awards of damages. 1072 (8)The provisions of this section may not be waived or 1073 modified by a rental agreement. 1074 Section 17.Subsections (3) and (6) of section 125.0103, 1075 Florida Statutes, are amended to read: 1076 125.0103Ordinances and rules imposing price controls; 1077 findings required; procedures. 1078 (3)Any law, ordinance, rule, or other measure which has 1079 the effect of imposing controls on rents shall terminate and 1080 expire within 1 year and shall not be extended or renewed except 1081 by the adoption of a new measure meeting all the requirements of 1082 this section. 1083 (5)(6)In any court action brought to challenge the 1084 validity of rent control imposed pursuant to the provisions of 1085 this section, the evidentiary effect of any findings or 1086 recitations required by subsection (4)(5) shall be limited to 1087 imposing upon any party challenging the validity of such measure 1088 the burden of going forward with the evidence, and the burden of 1089 proof (that is, the risk of nonpersuasion) shall rest upon any 1090 party seeking to have the measure upheld. 1091 Section 18.Subsection (14) is added to section 163.31801, 1092 Florida Statutes, to read: 1093 163.31801Impact fees; short title; intent; minimum 1094 requirements; audits; challenges. 1095 (14)A local government may adopt by ordinance or a special 1096 district may adopt by resolution an impact fee that is charged 1097 to a developer when residents are displaced from their homes due 1098 to gentrification by the developer. The revenue generated from 1099 an impact fee must be used for affordable housing in the county, 1100 municipality, or special district that adopted such impact fee. 1101 Section 19.Subsections (3) and (6) of section 166.043, 1102 Florida Statutes, are amended to read: 1103 166.043Ordinances and rules imposing price controls; 1104 findings required; procedures. 1105 (3)Any law, ordinance, rule, or other measure which has 1106 the effect of imposing controls on rents shall terminate and 1107 expire within 1 year and shall not be extended or renewed except 1108 by the adoption of a new measure meeting all the requirements of 1109 this section. 1110 (5)(6)In any court action brought to challenge the 1111 validity of rent control imposed pursuant to the provisions of 1112 this section, the evidentiary effect of any findings or 1113 recitations required by subsection (4)(5) shall be limited to 1114 imposing upon any party challenging the validity of such measure 1115 the burden of going forward with the evidence, and the burden of 1116 proof (that is, the risk of nonpersuasion) shall rest upon any 1117 party seeking to have the measure upheld. 1118 Section 20.Section 201.025, Florida Statutes, is created 1119 to read: 1120 201.025Tax on deeds relating to residential property 1121 purchased by private equity firms. 1122 (1)When a deed, an instrument, or other writing for a 1123 residential single-family dwelling, a manufactured home, or an 1124 apartment complex is granted, assigned, transferred, or 1125 otherwise conveyed to a purchaser who is a private equity firm 1126 or corporation that has at least $20 million in assets, the tax 1127 is $100 on each $100 of the consideration. 1128 (2)All documentary stamp tax revenues generated under this 1129 section must be deposited into the Florida Affordable Housing 1130 Trust Fund. 1131 (3)Taxes imposed by this section do not apply to an 1132 assignment, a deed, a transfer, a conveyance, or other 1133 disposition, which arises out of a transfer of real property if 1134 the purchaser is: 1135 (a)A nonprofit organization as defined in s. 201.02(6). 1136 (b)A government entity as defined in s. 768.295(2). 1137 (c)A person purchasing such real property pursuant to a 1138 government program to provide housing to low-income persons as 1139 defined in s. 420.0004(11). 1140 Section 21.This act shall take effect July 1, 2023.