STORAGE NAME: h0615d.JDC
DATE: 3/27/2025
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FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/CS/HB 615
TITLE: Electronic Delivery of Notices to Tenants
SPONSOR(S): Esposito
COMPANION BILL: SB 1164 (Leek)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Judiciary
18 Y, 3 N, As CS
SUMMARY
Effect of the Bill:
CS/CS/CS/HB 615 authorizes a landlord or tenant to deliver required notices to the other party electronically via e-
mail if the parties agree in writing to such electronic delivery and provide a valid e-mail address for such purpose.
Fiscal or Economic Impact:
The bill may have an indeterminate positive fiscal impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
CS/CS/CS/HB 615 authorizes a landlord or tenant to deliver any notices required under Part II, of ch. 83, F.S.,
relating to residential tenancies, to the other party electronically via e-mail if the parties agree in writing, in an
addendum to the rental agreement, to such electronic delivery of notices and provide a valid e-mail address for
such purpose. This newly-authorized method of delivery does not preclude delivery of notice by any other means
permitted by law. (Section 1).
The bill authorizes a party who has agreed to electronic delivery of notices to revoke such agreement at any time
by providing written notice to the other party. The bill provides that the revocation takes effect upon delivery to
the other party of such notice; however, the bill clarifies that such revocation does not affect the validity of any
notice delivered by e-mail before the agreement is terminated. (Section 1)
The bill authorizes a party to an agreement regarding electronic delivery of notices to update his or her e-mail
designated for such electronic delivery at any time by providing written notice to the other party, specifying the
new e-mail address to be used. Such an update takes effect upon delivery of such notice to the other party. (Section
1)
The bill provides that any notice sent via e-mail is deemed delivered at the time the e-mail is sent, unless the
sender receives notification that the e-mail was not successfully delivered. The bill requires the sender to retain a
copy of any notice sent via e-mail and evidence of transmission of such e-mail. (Section 1).
The bill makes other conforming and technical changes. (Sections 2, 3, 4, 5, and 6).
The bill provides an effective date of July 1, 2025. (Section 7).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have an indeterminate positive fiscal impact on landlords and tenants to the extent that the newly-
authorized method of delivering notice via e-mail reduces costs associated with methods of delivery of notice
currently required, such as mail or certified mail.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Landlord Notice to Tenants
Current law prescribes several instances when a landlord or tenant must provide notice to the other party and the
method of delivery the parties may use to affect such notice. Depending on the type of notice being delivered, the
parties generally may deliver notice in person, by mail, by certified mail, or by leaving a physical copy of the notice
at the tenant’s residence.
1
Notice Regarding Security Deposits and Advanced Rent
Upon entering a rental agreement, a tenant may provide a security deposit or advanced rent to his or her landlord.
The landlord is then required to hold the tenant’s security deposit or advanced rent in either a separate non-
interest bearing or an interest-bearing account in a Florida financial institution for the benefit of the tenant; or to
post a surety bond in the total amount of the deposit or advance rent that he or she holds on behalf of his or her
tenant.
2 The landlord is required to provide notice to the tenant either in the rental agreement or within 30 days
after receipt of such deposit or advance rent regarding how the landlord will hold the deposit or rent. Subsequent
to providing such notice, the landlord is required to provide additional notice if he or she changes the manner or
location in which he or she is holding the tenant’s security deposit or advanced rent. Such notice must, among
other things, be in writing and be given in person or mailed to the tenant.
3
At the conclusion of the rental agreement, once the tenant has vacated the residence, the landlord must either:
Return the security deposit with interest to the tenant within 15 days if he or she does not intend to
impose a claim on the deposit; or
Provide written notice to the tenant of his or her intention to impose a claim on the deposit and the reason
for such within 30 days by certified mail to the tenant’s last known mailing address.
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A tenant is required to give at least 7 days’ written notice by certified mail or personal delivery to his or her
landlord prior to vacating or abandoning the rental premises, which notice must include the address where the
tenant can be reached. If the tenant fails to provide such notice, the landlord is relieved of his or her duty to
provide notice to the tenant of his or her intention to impose a claim for damages on the tenant’s security deposit
within 30 days of the conclusion of the rental agreement.
5
Fee in Lieu of a Security Deposit
If a rental agreement requires a security deposit, a landlord may allow a tenant to pay a fee in lieu of the security
deposit. Alternatively, a landlord may allow a tenant to pay a security deposit in monthly installments in an amount
agreed upon between the tenant and landlord.
6
If a tenant agrees to pay a fee in lieu of the security deposit, the landlord must notify the tenant within 30 days
after the conclusion of the tenancy if there are any costs or fees due from unpaid rent, fees, or other obligations
under the rental agreement, including, but not limited to, costs required for repairing damage to the premises
beyond normal wear and tear.
7
1
Ss. 83.49, 83.491, 83.50, 83.51, 83.56, and 83.575, F.S.
2
S. 83.49(1), F.S.
3
S. 83.49(2), F.S.
4
S. 83.49(3)(a), F.S.
5
S. 83.49(5), F.S.
6
S. 83.491(1), F.S.
7
S. 83.491(2)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Disclosure of the Landlord’s Address
Section 83.50, F.S., requires that a landlord disclose in writing to the tenant, at or before the commencement of the
tenancy, the name and address of the landlord or a person authorized to receive notices and demands on the
landlord’s behalf. Such disclosure must be delivered either to the tenant’s residence, or if specified in writing by the
tenant, to another address.
Temporary Vacation of Premises for Extermination
Unless otherwise agreed in writing, a landlord of a dwelling unit, other than a single-family home or duplex, as part
of his or her obligation to maintain the premises of such a dwelling, must make reasonable provisions for the
extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. Should the tenant need to
vacate the premises for extermination, the landlord must provide written notice of such to the tenant seven days
prior.
8
Termination of Rental Agreement
A tenant is authorized to terminate a rental agreement if the tenant provides written notice to his or her landlord
specifying noncompliance by the landlord in regards to the landlord’s obligations to maintain the dwelling unit
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and asserting his or her intent to terminate the agreement should the noncompliance not be remedied within
seven days after receiving such notice.
10
A landlord is authorized to terminate a rental agreement if the tenant materially fails to comply with his or her
obligation to maintain the dwelling unit and the:
Noncompliance is of a nature that the tenant should not be given an opportunity to cure it
11 or if the
noncompliance constitutes a subsequent or continuing noncompliance and the landlord delivers written
notice to the tenant specifying the noncompliance and the landlord’s intent to terminate the rental
agreement.
Noncompliance is of a nature that the tenant should be given an opportunity to cure
12 and the landlord
provides written notice to the tenant specifying the noncompliance and the landlord’s intent to terminate
the rental agreement if the tenant does not come into compliance within seven days of the notice.
The landlord is also authorized to terminate a rental agreement based on the tenant’s failure to pay rent when due
if the landlord has previously provided the tenant with a written demand for payment of rent within three days
13
and the tenant fails to comply with such demand.
14
All such notices regarding the tenant or landlord’s intention to terminate the rental agreement must be delivered
by mail, in person, or by leaving a copy of the notice at the tenant’s residence.
15
If the landlord chooses to accept partial payment of rent after delivering the required notice to the tenant
demanding payment, the landlord must:
Provide the tenant with a receipt stating the date and amount received and the agreed upon date and
balance of rent due before filing an action for possession;
Place the amount of partial rent accepted from the tenant in the registry of the court upon filing an action
for possession; or
8
S. 83.51(2)(a)1., F.S.
9
S. 83.51(1), F.S.
10
S. 83.56(1), F.S.
11
Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are
not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or
continued unreasonable disturbance. S. 83.56(2)(a), F.S.
12
Examples of such noncompliance which the tenant should be given an opportunity to cure include, but are not limited to,
activities in contravention of the lease or this part such as having or permitting unauthorized pets, guests, or vehicles; parking
in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary. S. 83.56(2)(b), F.S.
13
Excluding Saturdays, Sundays, and legal holidays. S. 83.56(3), F.S.
14
Id.
15
S. 83.56(4), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Provide a new three-day notice to the tenant reflecting the new amount due.
16
Termination of Tenancy with Specific Duration
A rental agreement for a specific duration may contain a provision requiring the tenant to notify the landlord
within a specified time period before vacating the premises at the end of the rental agreement if the agreement
also requires the landlord to notify the tenant within such time period if the rental agreement will be renewed;
however, a rental agreement may not require less than 30 days’ notice or more than 60 days’ notice from either the
tenant or the landlord.
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Additionally, such a rental agreement may also contain a provision making the tenant liable for liquidated damages
if the tenant fails to give the required notice before vacating the premises at the end of the rental agreement if the
landlord provided written notice specifying the tenant’s notice obligations, the end date of the rental agreement,
and a list of all fees, penalties, and other charges applicable to the tenant if he or she vacates the premises without
providing the required notice. The landlord must provide such notice to the tenant within 15 days prior to the start
of the notification period contained in the rental agreement.
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Termination of Tenancy without Specific Term
A tenancy without a specific duration may be terminated by either party giving written notice as follows:
When the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual
period.
When the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any
quarterly period.
When the tenancy is from month to month, by giving not less than 30 days' notice prior to the end of any
monthly period.
When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any
weekly period.
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Termination of Rental Agreement by a Servicemember
A servicemember may terminate his or her rental agreement by providing his or her landlord with written notice
of termination to be effective on the date stated in the notice which must be at least 30 days after the landlord’s
receipt of the notice, if the servicemember meets certain criteria.
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Judiciary Committee 18 Y, 3 N, As CS 3/26/2025 Kramer Leshko
THE CHANGES ADOPTED BY THE
COMMITTEE:
Authorized a party to an agreement regarding electronic delivery of
notices to opt-out of the agreement or update his or her e-mail address
designated for such electronic delivery at any time by providing
written notice to the other party.
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
16
S. 83.56(5), F.S.
17
S. 83.575(1), F.S.
18
S. 83.575(2), F.S.
19
S. 83.57, F.S.
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S. 83.682, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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