HB 31 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0031-00
Page 1 of 6
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 landlords and tenants; amending s. 2
83.46, F.S.; limiting rent increases of certain 3
residential tenancies to a specified amount; providing 4
applicability; amending s. 83.51, F.S.; requiring 5
certain landlords to provide functioning facilities 6
for air-conditioning; amending s. 83.56, F.S.; 7
revising the required notice to a tenant before a 8
landlord can terminate a rental agreement; authorizing 9
a landlord to terminate a rental agreement or bring an 10
action for noncompliance even if a tenant provides 11
partial payment of past due rent under certain 12
circumstances; amending s. 83.60, F.S.; conforming 13
provisions to changes made by the act; providing an 14
effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Subsection (4) is added to section 83.46, 19
Florida Statutes, to read: 20
83.46 Rent; duration of tenancies. — 21
(4)(a) If the same tenant occupies a dwelling unit ove r 22
any 12-month period, the rent for the dwelling unit may not be 23
increased more than once over that 12 -month period. 24
(b) Beginning July 1, 2024, and subject to paragraph (c), 25
HB 31 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0031-00
Page 2 of 6
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 landlord may not, over the course of any 12 -month period, 26
increase the rent for a dwelling unit more than 30 percent of 27
the current rent. 28
(c)1. Paragraph (b) does not apply to a new rental 29
agreement in which no tenant from the prior rental agreement 30
remains in lawful possession of the dwelling unit when a 31
landlord is establishing the initial rent for the dwelling unit. 32
Paragraph (b) only applies to subsequent rent increases after 33
the initial rent has been established. 34
2. Paragraph (b) does not apply and a landlord may 35
increase the rent for a dwelling unit more than 30 percent of 36
the current rent if the landlord's actual expenses due to 37
repairs, fees, insurance adjustments, or property taxes exceed 38
30 percent of the current rent. 39
Section 2. Paragraph (a) of subsection (2) of section 40
83.51, Florida Statutes, is amended to read: 41
83.51 Landlord's obligation to maintain premises. — 42
(2)(a) Unless otherwise agreed in writing, in addition to 43
the requirements of subsection (1), the landlord of a dwelling 44
unit other than a single -family home or duplex shall, at all 45
times during the tenancy, make reasonable provisions for: 46
1. The extermination of rats, mice, roaches, ants, wood -47
destroying organisms, and bedbugs. When vacation of the premises 48
is required for such extermination, the landlord is not liable 49
for damages but shall abate th e rent. The tenant must 50
HB 31 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0031-00
Page 3 of 6
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
temporarily vacate the premises for a period of time not to 51
exceed 4 days, on 7 days' written notice, if necessary, for 52
extermination pursuant to this subparagraph. 53
2. Locks and keys. 54
3. The clean and safe condition of common ar eas. 55
4. Garbage removal and outside receptacles therefor. 56
5. Functioning facilities for air-conditioning, heat 57
during winter, running water, and hot water. 58
Section 3. Subsection (3) and paragraph (a) of subsection 59
(5) of section 83.56, Florida Statutes, are amended to read: 60
83.56 Termination of rental agreement. — 61
(3) If the tenant fails to pay rent when due and the 62
default continues for 3 days, excluding Saturday, Sunday, and 63
legal holidays, after delivery of written demand by the landlord 64
for payment of the rent or possession of the premises, the 65
landlord may terminate the rental agreement. Legal holidays for 66
the purpose of this section are shall be court-observed holidays 67
only. The 3-day notice must shall contain a statement in 68
substantially the following form: 69
You are hereby notified that you are indebted to me in the 70
sum of .... dollars for the rent and use of the premises at 71
...(address of leased premises, including county)..., Florida, 72
now occupied by you and that I demand payment of th e rent or 73
possession of the premises within 3 days (excluding Saturday, 74
Sunday, and legal holidays) after from the date of delivery of 75
HB 31 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0031-00
Page 4 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
this notice, to wit: on or before the .... day of ...., 76
...(year).... If partial payment of the rent is made, I maintain 77
the right to terminate the rental agreement or bring a cause of 78
action for possession of the dwelling unit if the remainder of 79
the rent is not paid within 15 days after the date of delivery 80
of the partial payment. 81
...(landlord's name, address and phone num ber)... 82
(5)(a) If the landlord accepts rent with actual knowledge 83
of a noncompliance by the tenant or accepts performance by the 84
tenant of any other provision of the rental agreement that is at 85
variance with its provisions, or if the tenant pays rent wit h 86
actual knowledge of a noncompliance by the landlord or accepts 87
performance by the landlord of any other provision of the rental 88
agreement that is at variance with its provisions, the landlord 89
or tenant waives his or her right to terminate the rental 90
agreement or to bring a civil action for that noncompliance, but 91
not for any subsequent or continuing noncompliance. However, a 92
landlord does not waive the right to terminate the rental 93
agreement or to bring a civil action for that noncompliance by 94
accepting partial rent for the period. If the tenant pays a 95
portion of the past due rent, the landlord may still terminate 96
the rental agreement or bring a civil action for that 97
noncompliance if the tenant fails to pay the remainder of the 98
past due amount within 15 da ys after the date of delivery of the 99
partial payment to the landlord. If partial rent is accepted 100
HB 31 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0031-00
Page 5 of 6
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
after posting the notice for nonpayment, the landlord must: 101
1. Provide the tenant with a receipt stating the date and 102
amount received and the agreed upon da te and balance of rent due 103
before filing an action for possession; 104
2. Place the amount of partial rent accepted from the 105
tenant in the registry of the court upon filing the action for 106
possession; or 107
3. Deliver Post a new 3-day notice as described in 108
subsection (3) to the tenant which reflects reflecting the new 109
amount of rent due. 110
Section 4. Subsection (2) of section 83.60, Florida 111
Statutes, is amended to read: 112
83.60 Defenses to action for rent or possession; 113
procedure.— 114
(2) In an action by the landlord for possession of a 115
dwelling unit, if the tenant interposes any defense other than 116
payment, including, but not limited to, the defense of a 117
defective 3-day notice as required under s. 83.56 , the tenant 118
shall pay into the registry of the court the accrued rent as 119
alleged in the complaint or as determined by the court and the 120
rent that accrues during the pendency of the proceeding, when 121
due. The clerk shall notify the tenant of such requirement in 122
the summons. Failure of the tenant to pay the rent in to the 123
registry of the court or to file a motion to determine the 124
amount of rent to be paid into the registry within 5 days, 125
HB 31 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0031-00
Page 6 of 6
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
excluding Saturdays, Sundays, and legal holidays, after the date 126
of service of process constitutes an absolute waiver of the 127
tenant's defenses other than payment, and the landlord is 128
entitled to an immediate default judgment for removal of the 129
tenant with a writ of possession to issue without further notice 130
or hearing thereon. If a motion to determine rent is filed, 131
documentation in support of the allegation that the rent as 132
alleged in the complaint is in error is required. Public housing 133
tenants or tenants receiving rent subsidies are required to 134
deposit only that portion of the full rent for which they are 135
responsible pursuant to the federal, state, or local program in 136
which they are participating. 137
Section 5. This act shall take effect July 1, 2024. 138