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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 2
between landlords and tenants; creating s. 83.505, 3
F.S.; authorizing a landlord or tenant to 4
electronically deliver notices to the other party if 5
certain conditions are met; requiring an addendum to a 6
rental agreement to be in a specified form; 7
authorizing a party to revoke his or her agreement to 8
electronic delivery without invalidating notices 9
previously sent by e-mail; specifying when such 10
revocation takes effect; authorizing a party to update 11
his or her e-mail address; specifying when such update 12
takes effect; providing that a notice delivered by e -13
mail is deemed delivered at the time the e -mail is 14
sent; providing an exception; requiring the sender of 15
the e-mail to maintain certain information; providing 16
construction; amending ss. 83.49, 83.50, 83.51, 83.56, 17
and 83.575, F.S.; conforming provisions to changes 18
made by the act; making technical changes; providing 19
an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Section 83.505, Florida Statutes, is created to 24
read: 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
83.505 Electronic delivery of notices. — 26
(1) A landlord or tenant may electronically deliver via an 27
e-mail address any notices required under this part to the other 28
party if the parties have signed an addendum to the rental 29
agreement, in substantially the following form, specifically 30
agreeing to the electronic delivery of notices and providing a 31
valid e-mail address for such purpose: 32
33
Landlord election: 34
☐ I ...(name)..., the landlord or the landlord's agent, 35
agree to receive notices required by the rental agreement 36
or under part II of chapter 83, Florida Statutes, from the 37
tenant by e-mail. I designate the following e-mail address 38
for receipt of notices from the tenant: ...(landlord's or 39
landlord's agent's e -mail address).... 40
☐ I do not agree to receive notices by e -mail. 41
42
Tenant election: 43
☐ I ...(name)..., the tenant, agree to receive notices 44
required by the rental agreement or under part II of 45
chapter 83, Florida Statutes, from the landlord by e -mail. 46
I designate the following e -mail address for receipt of 47
notices from the landlord: ...(tenant's e -mail address).... 48
☐ I do not agree to receive notices by e-mail. 49
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
(2) A party who agrees to electronic delivery may revoke 51
such agreement at any time by providing written notice to the 52
other party. Such revocation takes effect upon delivery of the 53
written notice to the other party and does not affect the 54
validity of any notice previously sent by e -mail. 55
(3) A party may update the e -mail address designated for 56
electronic delivery at any time by providing written notice to 57
the other party specifying the new e -mail address. The update 58
takes effect upon deli very of the written notice to the other 59
party. 60
(4) A notice sent electronically pursuant to this section 61
is deemed delivered at the time it is sent, unless the e -mail is 62
returned to the sender as undeliverable. 63
(5) The sender of the e -mail must maintain a copy of any 64
notice sent electronically and evidence of the transmission of 65
the e-mail. 66
(6) This section does not preclude service of notices by 67
any other means permitted by law. 68
Section 2. Paragraphs (a) and (d) of subsection (2), 69
paragraph (a) of subsection (3), and subsections (4), (5), (8), 70
and (9) of section 83.49, Florida Statutes, are amended to read: 71
83.49 Deposit money or advance rent; duty of landlord and 72
tenant.— 73
(2) The landlord shall, in the lease agreement or within 74
30 days after receipt of advance rent or a security deposit, 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
give written notice to the tenant which includes disclosure of 76
the advance rent or security deposit. Subsequent to providing 77
such written notice, if the landlord changes the manner or 78
location in which he or s he is holding the advance rent or 79
security deposit, he or she must notify the tenant within 30 80
days after the change as provided in paragraphs (a) -(d). The 81
landlord is not required to give new or additional notice solely 82
because the depository has merged w ith another financial 83
institution, changed its name, or transferred ownership to a 84
different financial institution. This subsection does not apply 85
to any landlord who rents fewer than five individual dwelling 86
units. Failure to give this notice is not a def ense to the 87
payment of rent when due. The written notice must: 88
(a) Be given in person or delivered by mail or e-mail in 89
accordance with s. 83.505 to the tenant. 90
(d) Contain the following disclosure: 91
92
YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF CERT AIN 93
DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE 94
LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU 95
MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT 96
THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE 97
LANDLORD MUST PROVIDE YOU WRITTEN MAIL YOU NOTICE IN PERSON, BY 98
MAIL, OR BY E-MAIL IN ACCORDANCE WITH SECTION 83.505, FLORIDA 99
STATUTES, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S 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
INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT 101
REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 102
15 DAYS AFTER RECEIPT OF THE LANDLORD'S WRITTEN NOTICE, THE 103
LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING 104
DEPOSIT, IF ANY. 105
106
IF THE LANDLORD FAILS TO TIMELY PROVIDE MAIL YOU NOTICE, THE 107
LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT 108
AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A 109
CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY 110
LATER FILE A LAWSUIT CLAIMING A REFUND. 111
112
YOU SHOULD ATTEMPT TO INFORMALLY R ESOLVE ANY DISPUTE BEFORE 113
FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT 114
IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY 115
THE LOSING PARTY. 116
117
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 118
FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 119
OBLIGATIONS. 120
121
(3) The landlord or the landlord's agent may disburse 122
advance rents from the deposit account to the landlord's benefit 123
when the advance rental period commences and without notice to 124
the tenant. For all oth er deposits: 125
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(a) Upon the vacating of the premises for termination of 126
the rental agreement lease, if the landlord does not intend to 127
impose a claim on the security deposit, the landlord must shall 128
have 15 days to return the security deposit together with 129
interest if otherwise required within 15 days after the 130
termination of the rental agreement. If the landlord intends to 131
impose a claim on the deposit , or the landlord must, within 30 132
days after the termination of the rental agreement, provide 133
shall have 30 days to give the tenant written notice by 134
certified mail to the tenant's last known mailing address or by 135
e-mail in accordance with s. 83.505 of his or her intention to 136
impose a claim on the deposit and the reason for imposing the 137
claim. The written notice must shall contain a statement in 138
substantially the following form: 139
140
This is a notice of my intention to impose a claim for 141
damages in the amount of .... upon your security deposit, due to 142
..... It is sent to you as required by s. 83.49(3), Florida 143
Statutes. You are hereby notified that you must object in 144
writing to this deduction from your security deposit within 15 145
days after from the time you receive this notice or I will be 146
authorized to deduct my claim from your security deposit. Your 147
objection must be sent to ...(landlord's address).... 148
149
If the landlord fails to give the required written notice within 150
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the 30-day period, he or she forfeits the right to impose a 151
claim upon the security deposit and may not seek a setoff 152
against the deposit but may file an action for damages after 153
returning return of the security deposit to the tenant. 154
(4) The provisions of This section does do not apply to 155
transient rentals by hotels or motels as defined in chapter 509 156
or; nor do they apply in those instances in which the amount of 157
rent or deposit, or both, is regulated by law or by rules or 158
regulations of a public body, including public housing 159
authorities and federally administered or regulated housing 160
programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 161
of the National Housing Act, as amended, other than for rent 162
stabilization. With the exception of subsections (3), (5), and 163
(6), this section is not applicable to housing authorities or 164
public housing agencies created pursuant to chapter 421 or other 165
statutes. 166
(5) Except when otherwise provided by the terms of a 167
written rental agreement lease, any tenant who vacates or 168
abandons the premises before prior to the expiration of the term 169
specified in the rental agreement written lease, or any tenant 170
who vacates or abandons premises which are the subject of a 171
tenancy from week to week, month to month, quarter to quarter, 172
or year to year, must shall give at least 7 days' written notice 173
by certified mail or personal delivery to the landlord before 174
prior to vacating or abandoning the premises which notice must 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
shall include the address where the tenant may be reached. 176
Failure to give such notic e relieves shall relieve the landlord 177
of the notice requirement of paragraph (3)(a) but does shall not 178
waive any right the tenant may have to the security deposit or 179
any part of it. 180
(8) Any person licensed under the provisions of s. 181
509.241, unless exclu ded by the provisions of this part, who 182
fails to comply with the provisions of this part is shall be 183
subject to a fine or to the suspension or revocation of his or 184
her license by the Division of Hotels and Restaurants of the 185
Department of Business and Prof essional Regulation in the manner 186
provided in s. 509.261. 187
(9) In those cases in which interest is required to be 188
paid to the tenant, the landlord must shall pay directly to the 189
tenant, or credit against the current month's rent, the interest 190
due to the tenant at least once annually. However, a landlord is 191
not required to pay interest to no interest shall be due a 192
tenant who wrongfully terminates his or her te nancy before prior 193
to the end of the rental term. 194
Section 3. Section 83.50, Florida Statutes, is amended to 195
read: 196
83.50 Disclosure of landlord's address. —In addition to any 197
other disclosure required by law, the landlord, or a person 198
authorized to enter into a rental agreement on the landlord's 199
behalf, shall disclose in writing to the tenant, at or before 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
the commencement of the tenancy, the name and address of the 201
landlord or a person authorized to receive notices and demands 202
in the landlord's behalf. The person so authorized to receive 203
notices and demands retains authority until the tenant is 204
notified otherwise. All notices of such names and addresses or 205
changes thereto must shall be delivered to the tenant's 206
residence or, if specified in writing by t he tenant, to any 207
other address, or such notices may be sent by e -mail in 208
accordance with s. 83.505 . 209
Section 4. Paragraph (a) of subsection (2) of section 210
83.51, Florida Statutes, is amended to read: 211
83.51 Landlord's obligation to maintain premises. — 212
(2)(a) Unless otherwise agreed in writing, in addition to 213
the requirements of subsection (1), the landlord of a dwelling 214
unit other than a single -family home or duplex shall, at all 215
times during the tenancy, make reasonable provisions for: 216
1. The extermination of rats, mice, roaches, ants, wood -217
destroying organisms, and bedbugs. If the tenant must vacate 218
When vacation of the premises is required for such 219
extermination, the landlord is not liable for damages but must 220
shall abate the rent. The landlord must provide 7 days' written 221
notice, in person, by mail, or by e -mail in accordance with s. 222
83.505, to the tenant if the tenant must temporarily vacate the 223
premises for a period of time not to exceed 4 days, on 7 days' 224
written notice, if necessary, for extermination pursuant to this 225
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subparagraph. A tenant is only required to vacate the premises 226
for a period of time not to exceed 4 days. 227
2. Locks and keys. 228
3. The clean and safe condition of common areas. 229
4. Garbage removal and outside receptacles theref or. 230
5. Functioning facilities for heat during winter, running 231
water, and hot water. 232
Section 5. Subsection (4) of section 83.56, Florida 233
Statutes, is amended to read: 234
83.56 Termination of rental agreement. — 235
(4) The delivery of the written notices required by 236
subsections (1), (2), and (3) shall be by mailing , delivering or 237
delivery of a true copy thereof, e-mailing in accordance with s. 238
83.505, or, if the tenant is absent from the premises, by 239
leaving a copy thereof at the residence. The notice requ irements 240
of subsections (1), (2), and (3) may not be waived in the rental 241
agreement lease. 242
Section 6. Subsections (1) and (2) of section 83.575, 243
Florida Statutes, are amended to read: 244
83.575 Termination of tenancy with specific duration. — 245
(1) A rental agreement with a specific duration may 246
contain a provision requiring the tenant to notify the landlord 247
within a specified period before vacating the premises at the 248
end of the rental agreement, if such provision also requires the 249
landlord to notify the tenant in a manner prescribed by s. 250
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83.56(4) within such notice period if the rental agreement will 251
not be renewed.; however, A rental agreement may not require 252
less than 30 days' notice or more than 60 days' notice from 253
either the tenant or the landlord. 254
(2) A rental agreement with a specific duration may 255
provide that if a tenant fails to give the required notice 256
before vacating the premises at the end of the rental agreement, 257
the tenant may be liable for liquidated damages as specified in 258
the rental agreement if the landlord provides written notice to 259
the tenant specifying the tenant's obligations under the 260
notification provision contained in the rental agreement lease 261
and the date the rental agreement is terminated. The landlord 262
must provide such writt en notice to the tenant in a manner 263
prescribed by s. 83.56(4) within 15 days before the start of the 264
notification period contained in the rental agreement lease. The 265
written notice must shall list all fees, penalties, and other 266
charges applicable to the te nant under this subsection. 267
Section 7. This act shall take effect July 1, 2025. 268