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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to housing; providing a short title; 2
creating s. 20.71, F.S.; creating the Department of 3
Housing and Tenant Rights as a new department of state 4
government; providing for the secretary of the 5
Department of Housing and Tenant Rights to be 6
appointed by the Governor and confirmed by the Senate; 7
providing duties of the secretary; providing the 8
purpose of the department; requiring a report on the 9
implementation of an empty homes tax be provided to 10
the Governor and Legislature by a specified date; 11
providing government reorganization for certain 12
chapters of law; amending s. 83.43, F.S.; revising 13
definitions; creating s. 83.455, F.S.; providing 14
requirements for rental agreements; requiring 15
landlords to provide certain information with rental 16
agreements; amending s. 83.46, F.S.; requiring that a 17
landlord provide written notice of a rent increase to 18
a tenant by a specified time; requiring such notice to 19
include an option for mediation under certain 20
circumstances; amending s. 83.47, F.S.; providing that 21
certain provisions in a rental agreement are void and 22
unenforceable; amending s. 83.49, F.S.; removing the 23
option for a landlord to deposit certain money into a 24
non-interest-bearing account; revising written notice 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
requirements to tenants; providing for dam ages if a 26
landlord fails to meet certain requirements; amending 27
s. 83.51, F.S.; requiring a landlord to inspect a 28
dwelling unit at a specified time to ensure compliance 29
with applicable codes; amending s. 83.54, F.S.; 30
requiring certain records be removed fr om a tenant's 31
credit report under certain circumstances; amending s. 32
83.56, F.S.; revising and specifying grounds for 33
termination of a rental agreement; requiring landlords 34
to provide certain tenants a specified amount of time 35
to vacate the premises after delivery of a notice to 36
terminate the rental agreement before bringing a 37
specified action; conforming provisions to changes 38
made by the act; conforming a cross -reference; 39
amending s. 83.60, F.S.; removing a requirement that 40
certain money be paid into the r egistry of the court; 41
creating s. 83.626, F.S.; authorizing tenants, mobile 42
home owners, mobile home tenants, or mobile home 43
occupants who are defendants in certain eviction 44
proceedings to file a motion with the court to have 45
the records of such proceeding s sealed and to have 46
their names substituted on the progress docket under 47
certain conditions; providing applicability; requiring 48
the court to grant such motions if certain 49
requirements are met; authorizing that such relief be 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
granted only once; requiring t enants, mobile home 51
owners, mobile home tenants, or mobile home occupants 52
to submit a specified sworn statement under penalty of 53
perjury with their motion; requiring the court to 54
substitute a defendant's name on the progress docket 55
if a judgment is entered in favor of the defendant; 56
providing exceptions; providing retroactive 57
applicability; amending s. 83.63, F.S.; conforming a 58
cross-reference; amending s. 83.67, F.S.; prohibiting 59
a landlord from engaging in certain conduct; providing 60
definitions; conformin g a cross-reference to changes 61
made by the act; creating s. 83.675, F.S.; providing 62
definitions; requiring a landlord to give tenants the 63
opportunity to purchase the dwelling unit or premises 64
under certain circumstances; providing requirements 65
for an offer of sale; authorizing a tenant to 66
challenge an offer of sale; creating s. 83.676, F.S.; 67
providing definitions; prohibiting a landlord from 68
evicting a tenant or terminating a rental agreement 69
because the tenant or the tenant's minor child is a 70
victim of actual or threatened domestic violence, 71
dating violence, sexual violence, or stalking; 72
specifying that a rental agreement may not contain 73
certain provisions; authorizing a victim of such 74
actual or threatened violence or stalking to terminate 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a rental agreement under certain circumstances; 76
requiring certain documentation and written notice to 77
landlord; providing for liability for rent for both 78
the tenant and the perpetrator, if applicable; 79
specifying that a tenant does not forfeit certain 80
money paid to the land lord for terminating the rental 81
agreement under certain circumstances; requiring a 82
landlord to change the locks of the dwelling unit 83
within a specified time period under certain 84
circumstances; authorizing the tenant to change the 85
locks of the dwelling unit under certain 86
circumstances; prohibiting certain actions by a 87
landlord under certain circumstances; authorizing 88
filing of a civil action and an award of damages, 89
fees, and costs under certain circumstances; 90
prohibiting the waiver of certain provisions; am ending 91
s. 163.31801, F.S.; authorizing local governments and 92
special districts to adopt a specified impact fee; 93
requiring that the revenue generated from such impact 94
fee be used for a specified purpose; amending s. 95
196.061, F.S.; providing that rental of c ertain 96
homestead property does not constitute abandonment in 97
specified circumstances; creating s. 201.025, F.S.; 98
providing the amount of documentary stamp tax imposed 99
on purchases of certain property by certain entities; 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
requiring revenue generated by such tax to be 101
deposited into the Florida Affordable Housing Trust 102
Fund; providing exceptions; providing an effective 103
date. 104
105
Be It Enacted by the Legislature of the State of Florida: 106
107
Section 1. This act shall be cited as the "Keep Floridians 108
Housed Act." 109
Section 2. Section 20.71, Florida Statutes, is created to 110
read: 111
20.71 Department of Housing and Tenant Rights. — 112
(1) There is created the Department of Housing and Tenant 113
Rights. 114
(2) The head of the department is the secretary, who shall 115
be appointed by the Governor, subject to confirmation by the 116
Senate. The secretary shall serve at the pleasure of and report 117
to the Governor. The secretary may appoint deputy and assistant 118
secretaries as necessary to aid the secretary in fulfilling his 119
or her statutory obligations. The secretary may create offices 120
or divisions within the department to promote efficient and 121
effective operation of the department. 122
(3) The purpose of the department is to assist the 123
Governor in working with the Legislature, state a gencies, and 124
other interested entities to formulate and implement coherent 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
and consistent policies and strategies designed to combat 126
affordable housing and homelessness issues in the state; assist 127
with housing and urban development; and perpetuate amicable 128
landlord-tenant relationships. 129
(4) The department shall, by January 1, 2025, conduct 130
research and submit a report to the Governor, the President of 131
the Senate, and the Speaker of the House of Representatives on a 132
cost-benefit analysis of implementing an empty homes tax. 133
(5) The department shall take over the role of state 134
government from other departments that currently administer 135
chapter 83 and chapters 419 -423. 136
Section 3. Subsections (11) and (16) of section 83.43, 137
Florida Statutes, are amended t o read: 138
83.43 Definitions.—As used in this part, the following 139
words and terms shall have the following meanings unless some 140
other meaning is plainly indicated: 141
(11) "Rent" means the periodic payments due the landlord 142
from the tenant for occupancy unde r a rental agreement and any 143
other payments due the landlord from the tenant as may be 144
designated as rent in a written rental agreement . The term does 145
not include deposit money, security deposits, late fees, early 146
termination fees, liquidated damages, or a ny other charge or fee 147
even if the charge or fee is designated as rent in a written 148
rental agreement. 149
(16) "Tenant" means any person entitled to occupy a 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
dwelling unit or property held out for the use of tenants 151
generally under a rental agreement. 152
Section 4. Section 83.455, Florida Statutes, is created to 153
read: 154
83.455 Rental agreements. — 155
(1) Immediately after entering into, extending, or 156
renewing a rental agreement, the tenant must be provided a copy 157
of the rental agreement. The rental agreemen t must be written in 158
plain language and, at the tenant's request, translated into the 159
preferred language of the tenant. 160
(2) Notwithstanding any other provision of law, all rental 161
agreements entered into, extended, or renewed on or after July 162
1, 2024, must include the following provisions: 163
(a) Before a private sale or transfer of title of the 164
dwelling unit or the premises on which the dwelling unit is 165
located, the landlord must provide the tenant with the right of 166
first refusal to purchase the dwelling u nit or premises as 167
provided under s. 83.675. 168
(b) If a landlord chooses not to extend or renew a rental 169
agreement, he or she must provide the tenant 60 days' notice of 170
his or her decision and provide a written explanation for such 171
decision. 172
(c) If a rental agreement provision authorizes termination 173
of the rental agreement by the landlord without cause, such 174
provision must require the landlord to provide the tenant just 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
compensation and comprehensive relocation assistance. 176
(d) A landlord may not termina te a tenancy for cause 177
during a state of emergency declared by the Governor under 178
chapter 252. 179
(e) During a state of emergency declared by the Governor 180
under chapter 252, a tenant may install wind resistance 181
improvements, as defined in s. 163.08(2)(b)3., to the dwelling 182
unit at the tenant's expense. 183
(f) A landlord may not terminate a tenancy because a 184
tenant establishes, attempts to establish, or participates in a 185
tenant organization. 186
Section 5. Subsection (4) is added to section 83.46, 187
Florida Statutes, to read: 188
83.46 Rent; duration of tenancies. — 189
(4) A landlord must provide to a tenant a written notice, 190
by certified mail or hand delivery, of a planned rent increase 191
at least 60 days before the rental agreement renewal period. If 192
the rent increase is more than 5 percent, the landlord must 193
provide notice, by certified mail or hand delivery, at least 3 194
months before the rental agreement renewal period. If the rent 195
increase is more than 5 percent, the notice must also contain a 196
statement that the ten ant may elect to participate in nonbinding 197
mediation, at the expense of the tenant, by providing written 198
notice to the landlord, by certified mail or hand delivery, 199
within 14 days after receipt of the notice of the rent increase. 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
For a tenancy without a sp ecific duration, the landlord must 201
provide written notice, by certified mail or hand delivery, of a 202
planned rent increase within the timeframes provided in s. 203
83.57. 204
Section 6. Paragraph (c) is added to subsection (1) of 205
section 83.47, Florida Statutes , to read: 206
83.47 Prohibited provisions in rental agreements. — 207
(1) A provision in a rental agreement is void and 208
unenforceable to the extent that it: 209
(c) Purports that early termination of a rental agreement 210
because of an incident involving actual or threatened domestic 211
violence, dating violence, sexual violence, or stalking, in 212
which the tenant or the tenant's minor child is a victim and not 213
the perpetrator, is a breach of the rental agreement. 214
Section 7. Subsections (1) through (9) of section 83. 49, 215
Florida Statutes, are renumbered as subsections (2) through 216
(10), respectively, present subsections (1) through (5), (7), 217
and (9) are amended, and a new subsection (1) is added to that 218
section, to read: 219
83.49 Deposit money or advance rent; duty of la ndlord and 220
tenant.— 221
(1)(a) A landlord may not charge a tenant a security 222
deposit that is more than 1 month's rent. 223
(b) The landlord must allow the tenant, in his or her 224
discretion, to pay the total amount of the security deposit in 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
12 equal payments to be paid at the same time and in the same 226
manner as the tenant's rent. If the duration of the rental 227
agreement is less than 1 year, the total amount of the deposit 228
must be paid in equal monthly payments based on the duration of 229
the tenancy and be paid at t he same time and in the same manner 230
as the tenant's rent. 231
(c) If a tenant pays his or her security deposit according 232
to paragraph (b), when the rental agreement is terminated or the 233
tenant vacates or abandons the premises before the expiration of 234
the term specified in the rental agreement, the tenant is 235
entitled to a refund equivalent to the amount of the security 236
deposit that he or she already paid, minus any deductions 237
properly claimed by the landlord under subsection (4) for 238
damages. 239
(2)(1) Whenever money is deposited or advanced by a tenant 240
on a rental agreement as security for performance of the rental 241
agreement or as advance rent for other than the next immediate 242
rental period, the landlord or the landlord's agent shall 243
either: 244
(a) Hold the total amount of such money in a separate non -245
interest-bearing account in a Florida banking institution for 246
the benefit of the tenant or tenants. The landlord shall not 247
commingle such moneys with any other funds of the landlord or 248
hypothecate, pledge, or in any other way make use of such moneys 249
until such moneys are actually due the landlord; 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
(a)(b) Hold the total amount of such money in a separate 251
interest-bearing account in a Florida banking institution for 252
the benefit of the tenant or tenants, in which case the tenant 253
shall receive and collect interest in an amount of at least 75 254
percent of the annualized average interest rate payable on such 255
account or interest at the rate of 5 percent per year, simple 256
interest, whichever the landlord elects. The landlord sh all not 257
commingle such moneys with any other funds of the landlord or 258
hypothecate, pledge, or in any other way make use of such moneys 259
until such moneys are actually due the landlord; or 260
(b)(c) Post a surety bond, executed by the landlord as 261
principal and a surety company authorized and licensed to do 262
business in the state as surety, with the clerk of the circuit 263
court in the county in which the dwelling unit is located in the 264
total amount of the security deposits and advance rent he or she 265
holds on behalf of the tenants or $50,000, whichever is less. 266
The bond shall be conditioned upon the faithful compliance of 267
the landlord with the provisions of this section and shall run 268
to the Governor for the benefit of any tenant injured by the 269
landlord's violation o f the provisions of this section. In 270
addition to posting the surety bond, the landlord shall pay to 271
the tenant interest at the rate of 5 percent per year, simple 272
interest. A landlord, or the landlord's agent, engaged in the 273
renting of dwelling units in fiv e or more counties, who holds 274
deposit moneys or advance rent and who is otherwise subject to 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
the provisions of this section, may, in lieu of posting a surety 276
bond in each county, elect to post a surety bond in the form and 277
manner provided in this paragraph with the office of the 278
Secretary of State. The bond shall be in the total amount of the 279
security deposit or advance rent held on behalf of tenants or in 280
the amount of $250,000, whichever is less. The bond shall be 281
conditioned upon the faithful compliance of the landlord with 282
the provisions of this section and shall run to the Governor for 283
the benefit of any tenant injured by the landlord's violation of 284
this section. In addition to posting a surety bond, the landlord 285
shall pay to the tenant interest on the security deposit or 286
advance rent held on behalf of that tenant at the rate of 5 287
percent per year simple interest. 288
(3)(2) The landlord shall, in the rental lease agreement 289
or within 30 days after receipt of advance rent or a security 290
deposit, give written notice to the tenant which includes 291
disclosure of the advance rent or security deposit. Subsequent 292
to providing such written notice, if the landlord changes the 293
manner or location in which he or she is holding the advance 294
rent or security deposit, he or s he must notify the tenant 295
within 30 days after the change as provided in paragraphs (a) -296
(d). The landlord is not required to give new or additional 297
notice solely because the depository has merged with another 298
financial institution, changed its name, or tra nsferred 299
ownership to a different financial institution. This subsection 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
does not apply to any landlord who rents fewer than five 301
individual dwelling units. Failure to give this notice is not a 302
defense to the payment of rent when due. The written notice 303
must: 304
(a) Be given in person or by mail to the tenant. 305
(b) State the name and address of the depository where the 306
advance rent or security deposit is being held or state that the 307
landlord has posted a surety bond as provided by law. 308
(c) State that whether the tenant is entitled to interest 309
on the deposit and the amount of the interest . 310
(d) Contain the following disclosure: 311
YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF CERTAIN 312
DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE 313
LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU 314
MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT 315
THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE 316
LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE 317
OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE 318
DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR 319
OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE 320
LANDLORD'S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST 321
MAIL YOU THE REMAINING DEPOSIT, IF ANY. 322
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD 323
MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU 324
FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE 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
LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A 326
LAWSUIT CLAIMING A REFUND. 327
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE 328
FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT 329
IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY 330
THE LOSING PARTY. 331
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 332
FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 333
OBLIGATIONS. 334
(4)(3) The landlord or the landlord's agent may d isburse 335
advance rents from the deposit account to the landlord's benefit 336
when the advance rental period commences and without notice to 337
the tenant. For all other deposits: 338
(a) Upon the vacating of the premises for termination of 339
the rental agreement lease, if the landlord does not intend to 340
impose a claim on the security deposit, the landlord must shall 341
have 15 days to return the security deposit together with 342
interest within 30 days after the tenant vacates the premises. 343
if otherwise required, or The landlord has shall have 30 days 344
after the tenant vacates the premises to give the tenant written 345
notice by certified mail to the tenant's last known mailing 346
address of his or her intention to impose a claim on the deposit 347
and the reason for imposing the claim . The notice must shall 348
contain a statement in substantially the following form: 349
This is a notice of my intention to impose a claim for 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
damages in the amount of .... upon your security deposit, due to 351
..... It is sent to you as required by s. 83.49(4) s. 83.49(3), 352
Florida Statutes. You are hereby notified that you must object 353
in writing to this deduction from your security deposit within 354
15 days after from the time you receive this notice or I will be 355
authorized to deduct my claim from your security deposi t. Your 356
objection must be sent to ...(landlord's address).... 357
If the landlord fails to give the required notice within the 30 -358
day period, he or she forfeits the right to impose a claim upon 359
the security deposit and may not seek a setoff against the 360
deposit but may file an action for damages after return of the 361
deposit. 362
(b) Unless the tenant objects to the imposition of the 363
landlord's claim or the amount thereof within 15 days after 364
receipt of the landlord's notice of intention to impose a claim, 365
the landlord may then deduct the amount of his or her claim and 366
must shall remit the balance of the deposit and any interest to 367
the tenant within 30 days after the date of the notice of 368
intention to impose a claim for damages. The failure of the 369
tenant to make a timely objection does not waive any rights of 370
the tenant to seek damages in a separate action. 371
(c) If either party institutes an action in a court of 372
competent jurisdiction to adjudicate the party's right to the 373
security deposit, the prevailing party is en titled to receive 374
his or her court costs plus a reasonable fee for his or her 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
attorney. If a court finds that the landlord failed to meet the 376
requirements of this section, the court must award the tenant 377
damages equal to three times the amount of the tenan t's security 378
deposit. The court shall advance the cause on the calendar. 379
(d) Compliance with this section by an individual or 380
business entity authorized to conduct business in this state, 381
including Florida-licensed real estate brokers and sales 382
associates, constitutes compliance with all other relevant 383
Florida Statutes pertaining to security deposits held pursuant 384
to a rental agreement or other landlord -tenant relationship. 385
Enforcement personnel shall look solely to this section to 386
determine compliance. T his section prevails over any conflicting 387
provisions in chapter 475 and in other sections of the Florida 388
Statutes, and operates shall operate to permit licensed real 389
estate brokers to disburse security deposits and deposit money 390
without having to comply wi th the notice and settlement 391
procedures contained in s. 475.25(1)(d). 392
(5)(4) The provisions of This section does do not apply to 393
transient rentals by hotels or motels as defined in chapter 509 ; 394
or nor do they apply in those instances in which the amount of 395
rent or deposit, or both, is regulated by law or by rules or 396
regulations of a public body, including public housing 397
authorities and federally administered or regulated housing 398
programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 399
of the National Housing Act, as amended, other than for rent 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
stabilization. With the exception of subsections (4), (6), and 401
(7) (3), (5), and (6), this section is not applicable to housing 402
authorities or public housing agencies created pursuant to 403
chapter 421 or other statutes. 404
(6)(5) Except when otherwise provided by the terms of a 405
written rental agreement lease, any tenant who vacates or 406
abandons the premises before prior to the expiration of the term 407
specified in the written rental agreement lease, or any tenant 408
who vacates or abandons premises which are the subject of a 409
tenancy from week to week, month to month, quarter to quarter, 410
or year to year, must shall give at least 7 days' written 411
notice, which notice must include the address where the tenant 412
may be reached, by certified mail or personal delivery to the 413
landlord before prior to vacating or abandoning the premises 414
which notice shall include the address where the tenant may be 415
reached. Failure to give such notice relieves shall relieve the 416
landlord of the notice requirement of paragraph (4)(a)(3)(a) but 417
does shall not waive any right the tenant may have to the 418
security deposit or any part of it. 419
(8)(7) Upon the sale or transfer of title of the rental 420
property from one owner to another, or upon a change in the 421
designated rental agent, any and all security deposits or 422
advance rents being held for the benefit of the tenants must 423
shall be transferred to the new owner or agent, together with 424
any earned interest and with an accurate accounting showing the 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
amounts to be credited to each tenant account. Upon the transfer 426
of such funds and records to the new owner or agent, and upon 427
transmittal of a written receipt therefor, the transferor is 428
free from the obligation imposed in subsection (2)(1) to hold 429
such moneys on behalf of the tenant. There is a rebuttable 430
presumption that any new owner or agent received the security 431
deposit from the previous owner or agent; however, this 432
presumption is limited to 1 month's rent. This subsection does 433
not excuse the landlord o r agent for a violation of other 434
provisions of this section while in possession of such deposits. 435
(10)(9) In those cases in which interest is required to be 436
paid to the tenant, The landlord shall pay directly to the 437
tenant, or credit against the current month's rent, the interest 438
due to the tenant at least once annually. However, no interest 439
may not be paid to shall be due a tenant who wrongfully 440
terminates his or her tenancy before prior to the end of the 441
rental term. 442
Section 8. Paragraph (a) of subs ection (1) of section 443
83.51, Florida Statutes, is amended to read: 444
83.51 Landlord's obligation to maintain premises. — 445
(1) The landlord at all times during the tenancy shall: 446
(a) Comply with the requirements of applicable building, 447
housing, and health codes. The landlord, at commencement of the 448
tenancy, must inspect the dwelling unit to ensure compliance 449
with all applicable codes ; or 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
451
The landlord is not required to maintain a mobile home or other 452
structure owned by the tenant. The landlord's obligatio ns under 453
this subsection may be altered or modified in writing with 454
respect to a single-family home or duplex. 455
Section 9. Section 83.54, Florida Statutes, is amended to 456
read: 457
83.54 Enforcement of rights and duties; civil action; 458
criminal offenses.—Any right or duty declared in this part is 459
enforceable by civil action. A right or duty enforced by civil 460
action under this section does not preclude prosecution for a 461
criminal offense related to the rental agreement or rented 462
dwelling unit or premises lease or leased property. In an action 463
brought by a tenant for wrongful termination of a rental 464
agreement, if the court finds in favor of the tenant, any 465
eviction complaint filed by the landlord must be dismissed and 466
the record of such filing removed from the t enant's credit 467
report. 468
Section 10. Subsections (5) and (6) of section 83.56, 469
Florida Statutes, are renumbered as subsections (6) and (7), 470
respectively, subsections (2), (3), and (4), and paragraph (b) 471
of present subsection (5), and present subsection ( 6) are 472
amended, and new subsections (5) and (8) are added to that 473
section, to read: 474
83.56 Termination of rental agreement. — 475
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(2)(a) A landlord must have good cause to terminate a 476
rental agreement. The following reasons constitute good cause 477
allowing for termination of a rental agreement: 478
1. The destruction, damage, or misuse of the landlord's or 479
other tenants' property by intentional act. 480
2. A tenant's disorderly conduct or continued unreasonable 481
disturbance. 482
3. Failure of the tenant to comply with s. 83.52. 483
4. A violation or breach of the landlord's reasonable 484
rules and regulations. 485
5. A violation or breach of covenants or agreements 486
contained in the rental agreement. 487
6. Use of the dwelling unit or premises for illegal 488
purposes or acts that t he tenant has been criminally charged 489
with, including, but not limited to, the manufacture, sale, or 490
use of illegal drugs, theft of property, or assault or threats 491
on the landlord or his or her relatives, as defined in s. 492
494.001, or employees. 493
7. The dwelling unit or premises are removed from the 494
rental market because the state, any political subdivision as 495
defined in s. 1.01(8), or other entity exercises its power of 496
eminent domain, the landlord seeks in good faith to permanently 497
remove the property fro m the rental market, or the landlord is 498
converting the dwelling unit or premises from the rental market 499
to a condominium, cooperative, or fee simple ownership. 500
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8. The dwelling unit or premises are being used as an 501
incident of employment and such employme nt is terminated. 502
9. The landlord seeks in good faith to recover possession 503
of the dwelling unit or premises for his or her own use and 504
occupancy as a principal residence, or for the use and occupancy 505
as a principal residence by a relative, as defined in s. 506
494.001, of the landlord. 507
(b) If any of the violations in subparagraphs 1. -6. exist 508
the tenant materially fails to comply with s. 83.52 or material 509
provisions of the rental agreement, other than a failure to pay 510
rent, or reasonable rules or regulatio ns, the landlord may: 511
1.(a) If the violation such noncompliance is of a nature 512
that the tenant should not be given an opportunity to cure it or 513
if the violation noncompliance constitutes a subsequent or 514
continuing violation noncompliance within 12 months after of a 515
written warning by the landlord of a similar violation, deliver 516
a written notice to the tenant specifying the violation 517
noncompliance and the landlord's intent to terminate the rental 518
agreement by reason thereof. Examples of noncompliance which are 519
of a nature that the tenant should not be given an opportunity 520
to cure include, but are not limited to, destruction, damage, or 521
misuse of the landlord's or other tenants' property by 522
intentional act or a subsequent or continued unreas onable 523
disturbance. In such event, the landlord may terminate the 524
rental agreement, and the tenant has shall have 7 days after 525
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
from the date that the notice is delivered to vacate the 526
premises. The notice must shall be in substantially the 527
following form: 528
You are advised that your rental agreement lease is 529
terminated effective immediately. You shall have 7 days after 530
from the delivery of this letter to vacate the premises. This 531
action is taken because ...(cite the violation 532
noncompliance).... 533
2.(b) If the violation such noncompliance is of a nature 534
that the tenant should be given an opportunity to cure it, 535
deliver a written notice to the tenant specifying the violation 536
noncompliance, including a notice that, if the violation 537
noncompliance is not corrected within 7 days after from the date 538
that the written notice is delivered, the landlord will shall 539
terminate the rental agreement by reason thereof. Examples of 540
such noncompliance include, but are not limited to, activities 541
in contravention of the lease or t his part such as having or 542
permitting unauthorized pets, guests, or vehicles; parking in an 543
unauthorized manner or permitting such parking; or failing to 544
keep the premises clean and sanitary. If such violation 545
noncompliance recurs within 12 months after receipt of such 546
notice, an eviction action may commence without delivering a 547
subsequent notice pursuant to subparagraph 1. paragraph (a) or 548
this subparagraph paragraph. The notice must shall be in 549
substantially the following form: 550
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
You are hereby notified th at ...(cite the violation 551
noncompliance).... Demand is hereby made that you remedy the 552
violation noncompliance within 7 days after of receipt of this 553
notice or your rental agreement will be lease shall be deemed 554
terminated and you must shall vacate the premises upon such 555
termination. If this same conduct or conduct of a similar nature 556
is repeated within 12 months, your tenancy is subject to 557
termination without further warning and without your being given 558
an opportunity to cure the violation noncompliance. 559
(c) If any other reason provided in paragraph (a) exists, 560
the landlord may deliver a written notice to the tenant of the 561
landlord's intent to terminate the rental agreement. The written 562
notice must specify the reason for the termination. In such 563
event, the tenant has 7 days after the date that the notice is 564
delivered to vacate the premises. 565
(3) If the tenant fails to pay rent when due and the 566
default continues for 3 days, excluding Saturday, Sunday, and 567
legal holidays, after delivery of wr itten demand by the landlord 568
for payment of the rent or possession of the premises, or if the 569
tenant habitually pays late or fails to pay the full amount of 570
rent after being given notice of a rent increase as required in 571
s. 83.46(4), the landlord may termi nate the rental agreement. 572
Habitual late payments means more than one late payment 573
following the landlord's first written demand for payment. Legal 574
holidays for the purpose of this section shall be court -observed 575
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
holidays only. The 3 -day notice shall conta in a statement in 576
substantially the following form: 577
You are hereby notified that you are indebted to me in the 578
sum of .... dollars for the rent and use of the premises 579
...(address of leased premises, including county)..., Florida, 580
now occupied by you and that I demand payment of the rent or 581
possession of the premises within 3 days (excluding Saturday, 582
Sunday, and legal holidays) after from the date of delivery of 583
this notice, to wit: on or before the .... day of ...., 584
...(year).... 585
...(landlord's name, add ress and phone number)... 586
587
(4) The delivery of the written notices required by 588
subsections (1), (2), and (3), and (8) must shall be by mailing 589
or delivery of a true copy thereof or, if the tenant is absent 590
from the premises, by leaving a copy thereof at the residence. 591
The notice requirements of subsections (1), (2), and (3), and 592
(8) may not be waived in the rental agreement lease. 593
(5) Notwithstanding any other law to the contrary, if the 594
landlord knows or reasonably should know that the tenant is 595
pregnant or there are children under the age of 18 years living 596
in the dwelling unit, the landlord must provide the tenant at 597
least 3 months after delivery of a written notice under 598
subsection (2) or subsection (3) to vacate the premises before 599
bringing an action for possession of the dwelling unit under s. 600
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
83.59. 601
(6)(5) 602
(b) Any tenant who wishes to defend against an action by 603
the landlord for possession of the unit for noncompliance of the 604
rental agreement or of relevant statutes must comply with s. 605
83.60(2). The court may not set a date for mediation or trial 606
unless the provisions of s. 83.60(2) have been met , but must 607
enter a default judgment for removal of the tenant with a writ 608
of possession to issue immediately if the tenant fails to comply 609
with s. 83.60(2). 610
(7)(6) If the rental agreement is terminated, the landlord 611
must shall comply with s. 83.49(4) s. 83.49(3). 612
(8)(a) If the landlord seeks in good faith to undertake 613
substantial repairs to the dwelling unit or premises that cannot 614
be completed while t he dwelling unit is occupied, and that are 615
necessary to bring the dwelling unit or premises into compliance 616
with applicable codes and laws or under an outstanding notice of 617
code violations, the landlord may deliver a written notice to 618
the tenant of the lan dlord's intent to terminate the rental 619
agreement. In such event, the tenant has 7 days after the date 620
that the notice is delivered to vacate the premises. 621
(b) A notice terminating a rental agreement under this 622
subsection must include the following inform ation: 623
1. A statement in substantially the following form: "When 624
the needed repairs are completed on your dwelling unit or the 625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
premises, the landlord must offer you the opportunity to return 626
to your dwelling unit with a rental agreement of substantially 627
the same terms and at the same rent, subject to the landlord's 628
right to obtain a rent increase for capital improvements." 629
2. If a landlord owns other residential dwelling units and 630
any such unit is available, a statement informing the tenant of 631
the existence of the available unit and an offer to enter into a 632
temporary rental agreement for the available unit or an offer to 633
enter into a new rental agreement for the available unit. The 634
landlord must offer the replacement dwelling unit to the tenant 635
at a rent based on the rent that the tenant is currently paying, 636
allowing for adjustments based on the condition, size, and other 637
amenities of the replacement unit. 638
3. An estimate of the time required to complete the 639
repairs and the date upon which it is expected that the dwelling 640
unit will be ready for habitation. 641
(c) Upon completion of the repairs of the dwelling unit or 642
premises, the landlord must offer the tenant the first right to 643
return to the dwelling unit at the same rent and under a rental 644
agreement of substantially the same terms, subject to the 645
landlord's right to obtain a rent increase for capital 646
improvements. 647
Section 11. Subsection (2) of section 83.60, Florida 648
Statutes, is amended to read: 649
83.60 Defenses to action for rent or possession; 650
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
procedure.— 651
(2) In an action by the landlord for possession of a 652
dwelling unit, if the tenant interposes any defense other than 653
payment, including, but not limited to, the defense of a 654
defective 3-day notice, the tenant must shall pay into the 655
registry of the court the accrued rent as alleged in the 656
complaint or as determined by the court and the rent that 657
accrues during the pendency of the proceeding, when due. The 658
clerk shall notify the tenant of such requirement in the 659
summons. Failure of the tenant to pay the rent into the registry 660
of the court or to file a motion to determine the amount of rent 661
to be paid into the registry within 5 days, excluding Saturdays, 662
Sundays, and legal holidays, after the date of service of 663
process constitutes an absolute waiver o f the tenant's defenses 664
other than payment, and the landlord is entitled to an immediate 665
default judgment for removal of the tenant with a writ of 666
possession to issue without further notice or hearing thereon. 667
If a motion to determine rent is filed, docume ntation in support 668
of the allegation that the rent as alleged in the complaint is 669
in error is required. Public housing tenants or tenants 670
receiving rent subsidies are required to deposit only that 671
portion of the full rent for which they are responsible pur suant 672
to the federal, state, or local program in which they are 673
participating. 674
Section 12. Section 83.626, Florida Statutes, is created 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
to read: 676
83.626 Court records of eviction proceedings. — 677
(1) A tenant, mobile home owner, mobile home tenant, or 678
mobile home occupant who is a defendant in an eviction 679
proceeding under this part or s. 723.061 may file a motion with 680
the court to have the records of such proceeding sealed and to 681
have his or her name substituted with "tenant" or "occupant" on 682
the progress docket if any of the following conditions are 683
satisfied: 684
(a) The parties file a joint stipulation requesting relief 685
under this section. 686
(b) The case was dismissed. 687
(c) The case was resolved by settlement or stipulation of 688
the parties and the defen dant has complied with the terms of the 689
agreement. 690
(d) A default judgment was entered against the defendant 691
and the defendant has satisfied any monetary award included in 692
the judgment. This paragraph does not apply if the action was 693
brought under s. 83.5 6(2)(a) or s. 723.061(1)(b) or (c) for 694
material noncompliance, other than nonpayment of rent, because 695
of the defendant's intentional destruction, damage, or misuse of 696
the landlord's property. 697
(e) A judgment was entered against the defendant on the 698
merits at least 5 years before the motion was filed under this 699
subsection and the defendant has satisfied any monetary award 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
included in the judgment. This paragraph does not apply if the 701
action was brought under s. 83.56(2)(a) or s. 723.061(1)(b) or 702
(c) for material noncompliance, other than nonpayment of rent, 703
because of the defendant's intentional destruction, damage, or 704
misuse of the landlord's property. 705
(2)(a) The court shall grant such motion without a hearing 706
if the requirements in paragraph (1)(a) or pa ragraph (1)(b) are 707
satisfied. 708
(b) If the defendant files a motion on the basis of 709
paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) being 710
satisfied, the defendant must also serve a copy of the motion on 711
all parties to the proceeding. If a written o bjection is filed 712
by a party within 30 days after such service, the court must 713
schedule a hearing. If a written objection is not filed within 714
30 days after service of the motion, or the court determines 715
after a hearing that the defendant is eligible for re lief, the 716
court must grant the motion. 717
(3) A tenant, mobile home owner, mobile home tenant, or 718
mobile home occupant is entitled to relief under subsection (2) 719
only once. When a tenant, mobile home owner, mobile home tenant, 720
or mobile home occupant files a motion under subsection (1), he 721
or she must also submit a sworn statement under penalty of 722
perjury affirming that he or she has not previously received 723
such relief from a court in the state. 724
(4) In an eviction proceeding under this part or s. 725
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
723.061, the court must substitute a defendant's name on the 726
progress docket with "tenant" or "occupant" if a judgment is 727
entered in favor of the defendant. 728
(5) A defendant is not eligible for relief under this 729
section if: 730
(a) During any 12-month period, the de fendant has had a 731
judgment entered against him or her in two or more eviction 732
proceedings; or 733
(b) During any 24-month period, the defendant has had a 734
judgment entered against him or her in three or more eviction 735
proceedings. 736
(6) This section applies to any judgment entered before, 737
on, or after July 1, 2024. 738
Section 13. Section 83.63, Florida Statutes, is amended to 739
read: 740
83.63 Casualty damage. —If the premises are damaged or 741
destroyed other than by the wrongful or negligent acts of the 742
tenant so that the enjoyment of the premises is substantially 743
impaired, the tenant may terminate the rental agreement and 744
immediately vacate the premises. The tenant may vacate the part 745
of the premises rendered unusable by the casualty, in which case 746
the tenant's liability for rent shall be reduced by the fair 747
rental value of that part of the premises damaged or destroyed. 748
If the rental agreement is terminated, the landlord shall comply 749
with s. 83.49(4) s. 83.49(3). 750
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Section 14. Section 83.67, Florida Statutes, is a mended to 751
read: 752
83.67 Prohibited practices. — 753
(1) A landlord of any dwelling unit governed by this part 754
may shall not cause, directly or indirectly, the termination or 755
interruption of any utility service furnished to the tenant, 756
including, but not limit ed to, water, heat, light, electricity, 757
gas, elevator, garbage collection, or refrigeration, whether or 758
not the utility service is under the control of, or payment is 759
made by, the landlord. 760
(2) A landlord of any dwelling unit governed by this part 761
may shall not prevent the tenant from gaining reasonable access 762
to the dwelling unit by any means, including, but not limited 763
to, changing the locks or using any bootlock or similar device. 764
(3) A landlord of any dwelling unit governed by this part 765
may shall not discriminate against a servicemember in offering a 766
dwelling unit for rent or in any of the terms of the rental 767
agreement. 768
(4) A landlord of any dwelling unit governed by this part 769
may not discriminate against a person in offering a dwelling 770
unit for rent or in any of the terms of the rental agreement 771
based on the person's race; color; religion; sex; pregnancy; 772
national origin; age; physical, mental, or developmental 773
disability; HIV status; familial status; sexual orientation; 774
gender identity; source of income; or credit score. For purposes 775
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of this subsection, the term: 776
(a) "Familial status" means the makeup of a person's 777
family, including whether there is a child under the age of 18 778
living with the person or whether the person is seeking custody 779
of a child under the age of 18. 780
(b) "Gender identity" means the identity, appearance, or 781
behavior of a person, regardless of whether such identity, 782
appearance, or behavior is different from that traditionally 783
associated with the person's physiology or assigne d sex at 784
birth. 785
(c) "Sexual orientation" means a person's heterosexuality, 786
homosexuality, or bisexuality. 787
(5) A landlord of any dwelling unit governed by this part 788
may not harass or intimidate a tenant for the purpose of 789
coercing the tenant into termin ating the rental agreement. 790
(6) A landlord of any dwelling unit governed by this part 791
may not refuse to show the dwelling unit, either in person or 792
through photographs, to a prospective tenant until the 793
prospective tenant signs a rental agreement. 794
(7) Unless otherwise required by law, a landlord of any 795
dwelling unit governed by this part may not inquire into or 796
consider a prospective tenant's criminal history on a rental 797
application or rental agreement. A landlord may inquire into or 798
consider a prospective tenant's criminal history only after the 799
landlord otherwise determines that the prospective tenant 800
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
otherwise qualifies to rent a dwelling unit. 801
(8) If a landlord requires a prospective tenant to 802
complete a rental application before residing in a dwel ling 803
unit, the landlord may not charge an excessive rental 804
application fee. If, after a prospective tenant submits a rental 805
application and application fee, a dwelling unit is not 806
available, the landlord must refund the application fee to the 807
prospective tenant. 808
(9)(4) A landlord may shall not prohibit a tenant from 809
displaying one portable, removable, cloth or plastic United 810
States flag, not larger than 4 and 1/2 feet by 6 feet, in a 811
respectful manner in or on the dwelling unit regardless of any 812
provision in the rental agreement dealing with flags or 813
decorations. The United States flag shall be displayed in 814
accordance with s. 83.52(6). The landlord is not liable for 815
damages caused by a United States flag displayed by a tenant. 816
Any United States flag may n ot infringe upon the space rented by 817
any other tenant. 818
(10)(5) A landlord of any dwelling unit governed by this 819
part may shall not remove the outside doors, locks, roof, walls, 820
or windows of the unit except for purposes of maintenance, 821
repair, or replacement; and the landlord may shall not remove 822
the tenant's personal property from the dwelling unit unless 823
such action is taken after surrender, abandonment, recovery of 824
possession of the dwelling unit due to the death of the last 825
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
remaining tenant in accorda nce with s. 83.59(3)(d), or a lawful 826
eviction. If provided in the rental agreement or a written 827
agreement separate from the rental agreement, upon surrender or 828
abandonment by the tenant, the landlord is not required to 829
comply with s. 715.104 and is not lia ble or responsible for 830
storage or disposition of the tenant's personal property; if 831
provided in the rental agreement, there must be printed or 832
clearly stamped on such rental agreement a legend in 833
substantially the following form: 834
BY SIGNING THIS RENTAL AGR EEMENT, THE TENANT AGREES THAT UPON 835
SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE 836
DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS 837
PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD IS SHALL 838
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 839
TENANT'S PERSONAL PROPERTY. 840
For the purposes of this section, abandonment is determined 841
shall be as provided set forth in s. 83.59(3)(c). 842
(11)(6) A landlord who violates any provision of this 843
section is shall be liable to the tenant for actual and 844
consequential damages or 3 months' rent, whichever is greater, 845
and costs, including attorney attorney's fees. Subsequent or 846
repeated violations that are not contemporaneous with the 847
initial violation are shall be subject to separate awards of 848
damages. 849
(12)(7) A violation of this section constitutes 850
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irreparable harm for the purposes of injunctive relief. 851
(13)(8) The remedies provided by this section are not 852
exclusive and do not preclude the tenant from p ursuing any other 853
remedy at law or equity that the tenant may have. The remedies 854
provided by this section shall also apply to a servicemember or 855
person who is a prospective tenant who has been discriminated 856
against under subsection (3) or subsection (4) subsection (3). 857
Section 15. Section 83.675, Florida Statutes, is created 858
to read: 859
83.675 Tenant opportunity to purchase. — 860
(1) For purposes of this section, the term: 861
(a) "Bona fide offer of sale" means an offer for a price, 862
and, including other ma terial terms, that is at least as 863
favorable as what would be accepted by a purchaser in an arm's 864
length third-party contract, that is comparable to that at which 865
a willing seller and a willing buyer would sell and purchase the 866
dwelling unit or the premises on which the dwelling unit is 867
located, or that is the appraised value. 868
(b) "Highest and best use" means the reasonable legal use 869
of a dwelling unit or the premises on which the dwelling unit is 870
located that is physically possible, appropriately supporte d, 871
and financially feasible and that results in the highest value 872
of the dwelling unit or premises on which the dwelling unit is 873
located. 874
(c) "Matter-of-right" means the appropriate land use, 875
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development density, or building requirements of the dwelling 876
unit or the premises on which the dwelling unit is located under 877
zoning regulations and law. 878
(2) Before a landlord may sell a dwelling unit or the 879
premises on which a dwelling unit is located or issue a notice 880
to vacate the dwelling unit or premises for purposes of 881
demolition or discontinuance of housing use, the landlord must 882
give the tenant an opportunity to purchase the dwelling unit or 883
the premises on which the dwelling unit is located at a price 884
and with material terms that represent a bona fide offe r of 885
sale. 886
(3) A landlord shall provide the tenant a copy of the 887
offer of sale, in the preferred language of the tenant, by hand 888
delivery, e-mail, and certified mail. A landlord may not retain 889
a percentage of ownership in the dwelling unit or the premise s 890
on which the dwelling unit is located in the offer of sale. 891
(4) The sales price contained in the offer of sale may not 892
be more than a price comparable to that at which a willing 893
seller and a willing buyer would sell and purchase the dwelling 894
unit or the premises on which the dwelling unit is located or 895
the appraised value of the dwelling unit or premises. 896
(5) The appraisal value must be based on rights a landlord 897
has as a matter-of-right as of the date of the offer of sale, 898
including any existing righ t a landlord may have to convert the 899
dwelling unit or the premises on which the dwelling unit is 900
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located to another use. The appraisal value may take into 901
consideration the highest and best use of the dwelling unit or 902
premises. 903
(6) A tenant may challenge an offer of sale as not being a 904
bona fide offer of sale and request a determination of the 905
appraised value by an independent licensed appraiser, as defined 906
in s. 475.611, at the expense of the tenant, by providing 907
written notice to the landlord and the Di vision of Consumer 908
Services within the Department of Agriculture and Consumer 909
Services by hand delivery, electronic transmission, or certified 910
mail within 30 days after receipt of the offer of sale. 911
(7) The landlord has the burden of proof to establish t hat 912
an offer of sale under this section is a bona fide offer of 913
sale. 914
Section 16. Section 83.676, Florida Statutes, is created 915
to read: 916
83.676 Early termination of rental agreement by a victim 917
of domestic violence, dating violence, sexual violence, o r 918
stalking; lock changing. — 919
(1) As used in this section, the term: 920
(a) "Dating violence" has the same meaning as in s. 921
784.046. 922
(b) "Domestic violence" has the same meaning as in s. 923
741.28. 924
(c) "Sexual violence" has the same meaning as in s. 925
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784.046. 926
(d) "Stalking," as described in s. 784.048(2), means 927
willfully, maliciously, and repeatedly following, harassing, or 928
cyberstalking another person. 929
(2) A landlord may not terminate a rental agreement or 930
evict a tenant for an incident involving actual or threatened 931
domestic violence, dating violence, sexual violence, or stalking 932
if the tenant or the tenant's minor child is the victim of such 933
actual or threatened violence or stalking. A rental agreement 934
may not include a provision deeming that ear ly termination of a 935
rental agreement because of an incident involving actual or 936
threatened domestic violence, dating violence, sexual violence, 937
or stalking, in which the tenant or the tenant's minor child is 938
a victim and not the perpetrator, is a breach of the rental 939
agreement. 940
(3)(a) If a tenant or a tenant's minor child is a victim 941
of actual or threatened domestic violence, dating violence, 942
sexual violence, or stalking during the term of a rental 943
agreement, the tenant may, without penalty, terminate the rental 944
agreement at any time by providing the landlord with written 945
notice of the tenant's intent to terminate the rental agreement 946
and to vacate the premises because of such incident. The 947
termination of the rental agreement is effective immediately 948
upon delivery of the written notice and documentation specified 949
in paragraph (b), if applicable, to the landlord. 950
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(b) Unless the landlord notifies the tenant that 951
documentation is not needed, a notice of termination from the 952
tenant required under paragraph (a ) must be accompanied by 953
documentation verifying the tenant's or the tenant's minor 954
child's status as a victim of actual or threatened domestic 955
violence, dating violence, sexual violence, or stalking and may 956
include: 957
1. A copy of an injunction for protec tion against domestic 958
violence, dating violence, sexual violence, or stalking issued 959
to the tenant as the victim or as parent of a minor victim; 960
2. A copy of an order of no contact or a criminal 961
conviction entered by a court in a criminal case in which t he 962
defendant was charged with a crime relating to domestic 963
violence, dating violence, sexual violence, or stalking against 964
the tenant or the tenant's minor child; 965
3. A written verification from a domestic violence center 966
certified under chapter 39 or a r ape crisis center as defined in 967
s. 794.055(2) which states that the tenant or the tenant's minor 968
child is a victim of actual or threatened domestic violence, 969
dating violence, sexual violence, or stalking; or 970
4. A copy of a law enforcement report document ing an 971
incident of actual or threatened domestic violence, dating 972
violence, sexual violence, or stalking against the tenant or the 973
tenant's minor child. 974
(c) A notice of termination from the tenant required under 975
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paragraph (a) must be provided by certified mail or hand 976
delivery to the landlord, a person authorized to receive notices 977
on behalf of the landlord under s. 83.50, a resident manager, or 978
the person or entity that collects the rent on behalf of the 979
landlord. 980
(d) If a rental agreement with a specific duration is 981
terminated by a tenant under this subsection less than 30 days 982
before the end of the rental agreement, the tenant is liable for 983
the rent for the remaining period of the rental agreement. If a 984
rental agreement with a specific duratio n is terminated by a 985
tenant under this subsection 30 or more days before the end of 986
the rental agreement, the tenant is liable for prorated rent for 987
a period of 30 days immediately following delivery of the notice 988
of termination. After compliance with this paragraph, the tenant 989
is released from any further obligation to pay rent, 990
concessions, damages, fees, or penalties, and the landlord is 991
not entitled to the remedies provided in s. 83.595. 992
(e) If a rental agreement is terminated by a tenant under 993
this subsection, the landlord must comply with s. 83.49(3). A 994
tenant who terminates a rental agreement under this subsection 995
does not forfeit any deposit money or advance rent paid to the 996
landlord. 997
(f) This subsection does not affect a tenant's liability 998
for unpaid rent or other amounts owed to the landlord before the 999
termination of the rental agreement under this subsection. 1000
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(g) If the perpetrator of actual or threatened domestic 1001
violence, dating violence, sexual violence, or stalking is also 1002
a tenant under the same rental agreement as the tenant who is a 1003
victim, or whose minor child is a victim, of such actual or 1004
threatened violence or stalking, neither the perpetrator's 1005
liability for rent nor his or her other obligations under the 1006
rental agreement are termi nated under this subsection, and the 1007
landlord is entitled to the rights and remedies provided by this 1008
part against the perpetrator. 1009
(4)(a) A tenant or a tenant's minor child who is a victim 1010
of actual or threatened domestic violence, dating violence, 1011
sexual violence, or stalking and who wishes to remain in the 1012
dwelling unit may make a written request to the landlord 1013
accompanied by any one of the documents listed in paragraph 1014
(3)(b), and the landlord shall, within 24 hours after receipt of 1015
the request, change the locks of the tenant's dwelling unit and 1016
provide the tenant with a key to the new locks. 1017
(b) If the landlord fails to change the locks within 24 1018
hours, the tenant may change the locks without the landlord's 1019
permission, notwithstanding any contrary provision in the rental 1020
agreement or other applicable rules or regulations imposed by 1021
the landlord, if all of the following conditions have been met: 1022
1. The locks are changed in like manner as if the landlord 1023
had changed the locks, with locks of similar or better quality 1024
than the original locks. 1025
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2. The landlord is notified within 24 hours after the 1026
changing of the locks. 1027
3. The landlord is provided a key to the new locks within 1028
a reasonable time. 1029
(c) If the locks are changed under this subsection, t he 1030
landlord is not liable to any person who does not have access to 1031
the dwelling unit. 1032
(5) A landlord may not refuse to enter into a rental 1033
agreement for a dwelling unit, refuse to negotiate for the 1034
rental of a dwelling unit, make a dwelling unit unavail able, or 1035
retaliate in the rental of a dwelling unit because: 1036
(a) The tenant, prospective tenant, or minor child of the 1037
tenant or prospective tenant is a victim of actual or threatened 1038
domestic violence, dating violence, sexual violence, or 1039
stalking; or 1040
(b) The tenant or prospective tenant has previously 1041
terminated a rental agreement because of an incident involving 1042
actual or threatened domestic violence, dating violence, sexual 1043
violence, or stalking in which the tenant, prospective tenant, 1044
or minor child of the tenant or prospective tenant was a victim. 1045
1046
However, the landlord may refuse to enter into a rental 1047
agreement, negotiate for the rental of a dwelling unit, or make 1048
a dwelling unit available if the tenant or prospective tenant 1049
fails to comply with the landlord's request for documentation of 1050
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an incident of actual or threatened domestic violence, dating 1051
violence, sexual violence, or stalking that occurred before 1052
termination of a prior rental agreement. A landlord's request 1053
for documentation is satisfi ed upon the tenant's or prospective 1054
tenant's provision of any one of the documents listed in 1055
paragraph (3)(b). 1056
(6) All information provided to a landlord under 1057
subsections (3), (4), and (5), including the fact that a tenant, 1058
prospective tenant, or a tena nt's or prospective tenant's minor 1059
child is a victim of actual or threatened domestic violence, 1060
dating violence, sexual violence, or stalking, and including the 1061
tenant's forwarding address, is confidential. The landlord may 1062
not enter such information into any shared database or provide 1063
the information to any other person or entity, except to the 1064
extent such disclosure is: 1065
(a) Made to a person specified in paragraph (3)(c) solely 1066
for a legitimate business purpose; 1067
(b) Requested, or consented to, in writing by the tenant 1068
or the tenant's legal guardian; 1069
(c) Required for use in a judicial proceeding; or 1070
(d) Otherwise required by law. 1071
(7) A tenant or prospective tenant, on his or her own 1072
behalf or on behalf of his or her minor child, may file a civ il 1073
action against a landlord for a violation of this section. A 1074
landlord who violates subsection (5) or subsection (6) is 1075
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civilly liable to the victim for $1,000 for punitive damages, 1076
actual and consequential damages, and court costs, including 1077
reasonable attorney fees, unless the landlord can show that this 1078
was the landlord's first violation and the violation was not 1079
committed in bad faith. Subsequent or repeated violations that 1080
are not contemporaneous with the initial violation are subject 1081
to separate awards of damages. 1082
(8) The provisions of this section may not be waived or 1083
modified by a rental agreement. 1084
Section 17. Subsection (14) is added to section 163.31801, 1085
Florida Statutes, to read: 1086
163.31801 Impact fees; short title; intent; minimum 1087
requirements; audits; challenges. — 1088
(14) A local government may adopt by ordinance or a 1089
special district may adopt by resolution an impact fee that is 1090
charged to a developer when residents are displaced from their 1091
homes due to gentrification by the developer. T he revenue 1092
generated from the impact fee must be used for affordable 1093
housing in the county, municipality, or special district that 1094
adopted such impact fee. 1095
Section 18. Subsection (1) of section 196.061, Florida 1096
Statutes, is amended to read: 1097
196.061 Rental of homestead to constitute abandonment. — 1098
(1)(a) Except as provided in paragraph (b), the rental of 1099
all or substantially all of a dwelling previously claimed to be 1100
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a homestead for tax purposes shall constitute the abandonment of 1101
such dwelling as a h omestead, and the abandonment continues 1102
until the dwelling is physically occupied by the owner. However, 1103
such abandonment of the homestead after January 1 of any year 1104
does not affect the homestead exemption for tax purposes for 1105
that particular year unless the property is rented for more than 1106
30 days per calendar year for 2 consecutive years. 1107
(b) The rental of any portion of a dwelling previously 1108
claimed to be a homestead for tax purposes shall not constitute 1109
abandonment if the owner resides on the propert y. 1110
Section 19. Section 201.025, Florida Statutes, is created 1111
to read: 1112
201.025 Tax on deeds relating to residential property 1113
purchased by private equity firms. — 1114
(1) When a deed, an instrument, or other writing for a 1115
residential single-family dwelling, a manufactured home, or an 1116
apartment complex is granted, assigned, transferred, or 1117
otherwise conveyed to a purchaser who is a private equity firm 1118
or corporation that has at least $20 million in assets, the tax 1119
is $100 on each $100 of the consideration. 1120
(2) All documentary stamp tax revenues generated under 1121
this section must be deposited into the Florida Affordable 1122
Housing Trust Fund. 1123
(3) Taxes imposed by this section do not apply to an 1124
assignment, a deed, a transfer, a conveyance, or other 1125
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disposition, which arises out of a transfer of real property if 1126
the purchaser is: 1127
(a) A nonprofit organization as defined in s. 201.02(6). 1128
(b) A government entity as defined in s. 768.295(2). 1129
(c) A person purchasing such real property pursuant to a 1130
government program to provide housing to low -income persons as 1131
defined in s. 420.0004(11). 1132
Section 20. This act shall take effect July 1, 2024. 1133