Florida 2025 2025 Regular Session

Florida House Bill H0615 Comm Sub / Bill

Filed 03/13/2025

                       
 
CS/HB 615  	2025 
 
 
 
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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 a notice 5 
delivered by e-mail is deemed delivered at the time 6 
the e-mail is sent; providing an exception; requiring 7 
a 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 create d 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, including any 20 
notices that are required to be posted, to a tenant if the 21 
tenant has signed an adden dum to the rental agreement 22 
specifically agreeing to the electronic delivery of notices and 23 
has provided a valid e -mail address to the landlord for such 24 
purpose. 25     
 
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 (2)  A notice delivered by e -mail in accordance with this 26 
section is deemed delivered when se nt, unless the e-mail is 27 
returned to the landlord as undeliverable. 28 
 (3)  The landlord must maintain a copy of any notice sent 29 
by e-mail 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 l andlord 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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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 Y OUR NEW ADDRESS SO THAT 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 TH E 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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..... 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) of section 83.56, Florida 190 
Statutes, are amended to read: 191 
 83.56  Termination of rental agreement. — 192 
 (4)(a) The delivery of the written notice notices required 193 
by subsection subsections (1), (2), and (3) shall be by mailing 194 
or delivering delivery of a true copy thereof. 195 
 (b)  The delivery of the written notices required by 196 
subsections (2) and (3) shall be by mailing, delivering a true 197 
copy thereof, e-mailing in accordance with s. 83.505, or, if the 198 
tenant is absent from the premises, by leaving a copy thereof at 199 
the residence. 200     
 
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 (c) The notice requirements of subsections (1), (2), and 201 
(3) may not be waived in the rental agreement lease. 202 
 Section 6.  Subsections (1) and (2) of section 83.575, 203 
Florida Statutes, are amended to read: 204 
 83.575  Termination of tenancy with specific duration. — 205 
 (1)  A rental agreement with a specific dur ation may 206 
contain a provision requiring the tenant to notify the landlord 207 
within a specified period before vacating the premises at the 208 
end of the rental agreement, if such provision also requires the 209 
landlord to notify the tenant in a manner prescribed by s. 210 
83.56(4) within such notice period if the rental agreement will 211 
not be renewed.; however, A rental agreement may not require 212 
less than 30 days' notice or more than 60 days' notice from 213 
either the tenant or the landlord. 214 
 (2)  A rental agreement with a specific duration may 215 
provide that if a tenant fails to give the required notice 216 
before vacating the premises at the end of the rental agreement, 217 
the tenant may be liable for liquidated damages as specified in 218 
the rental agreement if the landlord provides written notice to 219 
the tenant specifying the tenant's obligations under the 220 
notification provision contained in the rental agreement lease 221 
and the date the rental agreement is terminated. The landlord 222 
must provide such written notice to the tenant in a manner 223 
prescribed by s. 83.56(4) within 15 days before the start of the 224 
notification period contained in the rental agreement lease. The 225     
 
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written notice must shall list all fees, penalties, and other 226 
charges applicable to the tena nt under this subsection. 227 
 Section 7. This act shall take effect July 1, 2025. 228