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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 electronic delivery of notices to 2
tenants; creating s. 83.505, F.S.; authorizing a 3
landlord to electronically deliver notices to a tenant 4
if certain conditions are met; providing that an 5
electronic notice is deemed delivered at the time the 6
e-mail is sent; providing exceptions; requiring a 7
landlord to maintain certain information; providing 8
construction; amending ss. 83.49, 83.50, 83.51, 83.56, 9
and 83.575, F.S.; conforming provisions to changes 10
made by the act; making technical changes; providing 11
an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Section 83.505, Florida Statutes, is created to 16
read: 17
83.505 Electronic delivery of notices. — 18
(1) A landlord may electronically deliver via an e -mail 19
address any notices required under this part to a tenant if the 20
tenant has signed an addendum to the rental agreement 21
specifically agreeing to the electron ic delivery of notices and 22
has provided a valid e -mail address to the landlord for such 23
purpose. 24
(2) A notice delivered electronically pursuant to this 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
section is deemed delivered at the time it is sent, unless the 26
landlord receives a notification that t he e-mail was not 27
successfully delivered. 28
(3) The landlord must maintain a copy of any notice sent 29
electronically and evidence of the transmission of the e -mail. 30
(4) This section does not preclude service of notices by 31
any other means permitted by law. 32
Section 2. Paragraphs (a) and (d) of subsection (2), 33
paragraph (a) of subsection (3), and subsections (4), (5), (8), 34
and (9) of section 83.49, Florida Statutes, are amended to read: 35
83.49 Deposit money or advance rent; duty of landlord and 36
tenant.— 37
(2) The landlord shall, in the lease agreement or within 38
30 days after receipt of advance rent or a security deposit, 39
give written notice to the tenant which includes disclosure of 40
the advance rent or security deposit. Subsequent to providing 41
such written notice, if the landlord changes the manner or 42
location in which he or she is holding the advance rent or 43
security deposit, he or she must notify the tenant within 30 44
days after the change as provided in paragraphs (a) -(d). The 45
landlord is not required to give new or additional notice solely 46
because the depository has merged with another financial 47
institution, changed its name, or transferred ownership to a 48
different financial institution. This subsection does not apply 49
to any landlord who rents fewer than five individual dwelling 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
units. Failure to give this notice is not a defense to the 51
payment of rent when due. The written notice must: 52
(a) Be given in person or delivered by mail or e-mail in 53
accordance with s. 83.505 to the tenant. 54
(d) Contain the following disclosure: 55
YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF CERTAIN 56
DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE 57
LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU 58
MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO TH AT 59
THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE 60
LANDLORD MUST PROVIDE YOU WRITTEN MAIL YOU NOTICE IN PERSON, BY 61
MAIL, OR BY E-MAIL IN ACCORDANCE WITH SECTION 83.505, FLORIDA 62
STATUTES, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S 63
INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT 64
REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 65
15 DAYS AFTER RECEIPT OF THE LANDLORD'S WRITTEN NOTICE, THE 66
LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING 67
DEPOSIT, IF ANY. 68
IF THE LANDLORD FAILS TO TIMELY PROVIDE MAIL YOU NOTICE, THE 69
LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT 70
AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A 71
CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY 72
LATER FILE A LAWSUIT CLAIMING A REFUND. 73
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE 74
FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT 75
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IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY 76
THE LOSING PARTY. 77
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 78
FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 79
OBLIGATIONS. 80
(3) The landlord or the landlord's agent may disburse 81
advance rents from the deposit account to the landlord's benefit 82
when the advance rental period commences and without notice to 83
the tenant. For all other deposits: 84
(a) Upon the vacating of the premises for termination of 85
the rental agreement lease, if the landlord does not intend to 86
impose a claim on the security deposit, the landlord must shall 87
have 15 days to return the security depos it together with 88
interest if otherwise required within 15 days after the 89
termination of the rental agreement. If the landlord intends to 90
impose a claim on the deposit , or the landlord must, within 30 91
days after the termination of the rental agreement, prov ide 92
shall have 30 days to give the tenant written notice by 93
certified mail to the tenant's last known mailing address or by 94
e-mail in accordance with s. 83.505 of his or her intention to 95
impose a claim on the deposit and the reason for imposing the 96
claim. The written notice must shall contain a statement in 97
substantially the following form: 98
This is a notice of my intention to impose a claim for 99
damages in the amount of .... upon your security deposit, due to 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
..... It is sent to you as required by s. 83.49( 3), Florida 101
Statutes. You are hereby notified that you must object in 102
writing to this deduction from your security deposit within 15 103
days after from the time you receive this notice or I will be 104
authorized to deduct my claim from your security deposit. You r 105
objection must be sent to ...(landlord's address).... 106
If the landlord fails to give the required written notice within 107
the 30-day period, he or she forfeits the right to impose a 108
claim upon the security deposit and may not seek a setoff 109
against the deposit but may file an action for damages after 110
returning return of the security deposit to the tenant. 111
(4) The provisions of This section does do not apply to 112
transient rentals by hotels or motels as defined in chapter 509 113
or; nor do they apply in those instances in which the amount of 114
rent or deposit, or both, is regulated by law or by rules or 115
regulations of a public body, including public housing 116
authorities and federally administered or regulated housing 117
programs including s. 202, s. 221(d)( 3) and (4), s. 236, or s. 8 118
of the National Housing Act, as amended, other than for rent 119
stabilization. With the exception of subsections (3), (5), and 120
(6), this section is not applicable to housing authorities or 121
public housing agencies created pursuant t o chapter 421 or other 122
statutes. 123
(5) Except when otherwise provided by the terms of a 124
written rental agreement lease, any tenant who vacates or 125
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abandons the premises before prior to the expiration of the term 126
specified in the rental agreement written lease, or any tenant 127
who vacates or abandons premises which are the subject of a 128
tenancy from week to week, month to month, quarter to quarter, 129
or year to year, must shall give at least 7 days' written notice 130
by certified mail or personal delivery to the land lord before 131
prior to vacating or abandoning the premises which notice must 132
shall include the address where the tenant may be reached. 133
Failure to give such notice relieves shall relieve the landlord 134
of the notice requirement of paragraph (3)(a) but does shall not 135
waive any right the tenant may have to the security deposit or 136
any part of it. 137
(8) Any person licensed under the provisions of s. 138
509.241, unless excluded by the provisions of this part, who 139
fails to comply with the provisions of this part is shall be 140
subject to a fine or to the suspension or revocation of his or 141
her license by the Division of Hotels and Restaurants of the 142
Department of Business and Professional Regulation in the manner 143
provided in s. 509.261. 144
(9) In those cases in which interest is required to be 145
paid to the tenant, the landlord must shall pay directly to the 146
tenant, or credit against the current month's rent, the interest 147
due to the tenant at least once annually. However, a landlord is 148
not required to pay interest to no interest shall be due a 149
tenant who wrongfully terminates his or her tenancy before prior 150
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to the end of the rental term. 151
Section 3. Section 83.50, Florida Statutes, is amended to 152
read: 153
83.50 Disclosure of landlord's address. —In addition to any 154
other disclosure required by law, the landlord, or a person 155
authorized to enter into a rental agreement on the landlord's 156
behalf, shall disclose in writing to the tenant, at or before 157
the commencement of the tenancy, the name and address of the 158
landlord or a person autho rized to receive notices and demands 159
in the landlord's behalf. The person so authorized to receive 160
notices and demands retains authority until the tenant is 161
notified otherwise. All notices of such names and addresses or 162
changes thereto must shall be delivered to the tenant's 163
residence or, if specified in writing by the tenant, to any 164
other address, or such notices may be sent by e -mail in 165
accordance with s. 83.505 . 166
Section 4. Paragraph (a) of subsection (2) of section 167
83.51, Florida Statutes, is amended to read: 168
83.51 Landlord's obligation to maintain premises. — 169
(2)(a) Unless otherwise agreed in writing, in addition to 170
the requirements of subsection (1), the landlord of a dwelling 171
unit other than a single -family home or duplex shall, at all 172
times during the tenancy, make reasonable provisions for: 173
1. The extermination of rats, mice, roaches, ants, wood -174
destroying organisms, and bedbugs. If the tenant must vacate 175
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When vacation of the premises is required for such 176
extermination, the landlord is not li able for damages but must 177
shall abate the rent. The landlord must provide 7 days' written 178
notice, in person, by mail, or by e -mail in accordance with s. 179
83.505, to the tenant if the tenant must temporarily vacate the 180
premises for a period of time not to ex ceed 4 days, on 7 days' 181
written notice, if necessary, for extermination pursuant to this 182
subparagraph. A tenant is only required to vacate the premises 183
for a period of time not to exceed 4 days. 184
2. Locks and keys. 185
3. The clean and safe condition of common areas. 186
4. Garbage removal and outside receptacles therefor. 187
5. Functioning facilities for heat during winter, running 188
water, and hot water. 189
Section 5. Subsection (4) and paragraph (a) of subsection 190
(5) of section 83.56, Florida Statutes, are amended to read: 191
83.56 Termination of rental agreement. — 192
(4) A landlord must deliver The delivery of the written 193
notices required by subsections (1), (2), and (3) and 194
subparagraph (5)(a)3. shall be by mailing, e-mailing in 195
accordance with s. 83.505, or delivering delivery of a true copy 196
thereof to the tenant, or, if the tenant is absent from the 197
premises, by leaving a copy thereof at the dwelling unit 198
residence. The notice requirements of subsections (1), (2), and 199
(3) and subparagraph (5)(a)3. may not be waived in the rental 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
agreement lease. 201
(5)(a) If the landlord accepts rent with actual knowledge 202
of a noncompliance by the tenant or accepts performance by the 203
tenant of any other provision of the rental agreement that is at 204
variance with its provision s, or if the tenant pays rent with 205
actual knowledge of a noncompliance by the landlord or accepts 206
performance by the landlord of any other provision of the rental 207
agreement that is at variance with its provisions, the landlord 208
or tenant waives his or her r ight to terminate the rental 209
agreement or to bring a civil action for that noncompliance, but 210
not for any subsequent or continuing noncompliance. However, a 211
landlord does not waive the right to terminate the rental 212
agreement or to bring a civil action for that noncompliance by 213
accepting partial rent for the period. If partial rent is 214
accepted after posting the notice for nonpayment, the landlord 215
must: 216
1. Provide the tenant with a receipt stating the date and 217
amount received and the agreed upon date and ba lance of rent due 218
before filing an action for possession; 219
2. Place the amount of partial rent accepted from the 220
tenant in the registry of the court upon filing the action for 221
possession; or 222
3. Deliver Post a new 3-day notice reflecting the new 223
amount due. 224
Section 6. Subsections (1) and (2) of section 83.575, 225
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Florida Statutes, are amended to read: 226
83.575 Termination of tenancy with specific duration. — 227
(1) A rental agreement with a specific duration may 228
contain a provision requiring the tenant to notify the landlord 229
within a specified period before vacating the premises at the 230
end of the rental agreement, if such provision also requires the 231
landlord to notify the tenant in a manner prescribed by s. 232
83.56(4) within such notice period if the rental agreement will 233
not be renewed.; however, A rental agreement may not require 234
less than 30 days' notice or more than 60 days' notice from 235
either the tenant or the landlord. 236
(2) A rental agreement with a specific duration may 237
provide that if a tenant fails to give the required notice 238
before vacating the premises at the end of the rental agreement, 239
the tenant may be liable for liquidated damages as specified in 240
the rental agreement if the landlord provides written notice to 241
the tenant specifying the tenant's obligations under the 242
notification provision contained in the rental agreement lease 243
and the date the rental agreement is terminated. The landlord 244
must provide such written notice to the tenant in a manner 245
prescribed by s. 83.56(4) within 15 days before the start of the 246
notification period contained in the rental agreement lease. The 247
written notice must shall list all fees, penalties, and other 248
charges applicable to the tenant under this subsection. 249
Section 7. This act shall take effect July 1, 2025. 250