Florida 2025 Regular Session

Florida House Bill H1471 Latest Draft

Bill / Introduced Version Filed 02/28/2025

                               
 
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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; requiring the secretary, 4 
the head of the department, to be appointed by the 5 
Governor and confirmed by the Senate; providing duties 6 
of the secretary; providing the purpose of the 7 
department; requiring a report on the implementation 8 
of an empty homes tax to be provided to the Governor 9 
and Legislature by a specified date; providing 10 
government reorganization for certain chapters of law; 11 
amending s. 83.43, F.S.; revising the definitions of 12 
the terms "rent" and "tenant"; creating s. 83.455, 13 
F.S.; providing requirements for rental agreements; 14 
requiring rental agreements to include certain 15 
information; amending s. 83.46, F.S.; providing 16 
requirements relating to a written notice of a planned 17 
rent increase provided to tenants; amending s. 83.47, 18 
F.S.; providing that certain provisions in a rental 19 
agreement are void and unenforceable; amending s. 20 
83.49, F.S.; providing requirements relating to 21 
security deposits; removing the option for a landlord 22 
to deposit certain money into a non -interest-bearing 23 
account; revising written notice requirements to 24 
tenants; providing for damages if a landlord fails to 25     
 
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meet certain requirements; creating s. 83. 495, F.S.; 26 
providing a short title; prohibiting landlords from 27 
requiring prospective tenants to pay certain fees; 28 
providing construction; amending s. 83.51, F.S.; 29 
requiring a landlord to inspect a dwelling unit at a 30 
specified time to ensure compliance with applicable 31 
codes; amending s. 83.54, F.S.; requiring certain 32 
records to be removed from a tenant's credit report 33 
under certain circumstances; amending s. 83.56, F.S.; 34 
revising and specifying grounds for termination of a 35 
rental agreement; requiring landlor ds to provide 36 
certain tenants a specified amount of time to vacate 37 
the premises before bringing a specified action; 38 
amending s. 83.60, F.S.; removing a requirement that 39 
certain money be paid into the registry of the court; 40 
creating s. 83.626, F.S.; authori zing tenants, mobile 41 
home owners, mobile home tenants, and mobile home 42 
occupants who are defendants in certain eviction 43 
proceedings to file a motion with the court to have 44 
the records of such proceedings sealed and to have 45 
their names substituted on the pr ogress docket under 46 
certain conditions; requiring the court to grant such 47 
motions without a hearing if certain requirements are 48 
met; authorizing that such relief be granted only 49 
once; requiring tenants, mobile home owners, mobile 50     
 
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home tenants, or mobile ho me occupants to submit a 51 
specified sworn statement; requiring the court to 52 
substitute a defendant's name on the progress docket 53 
under certain circumstances; prohibiting certain 54 
defendants from being eligible for such relief; 55 
providing for retroactive appli cability; amending s. 56 
83.63, F.S.; conforming a cross -reference; amending s. 57 
83.67, F.S.; prohibiting a landlord from engaging in 58 
certain conduct; providing definitions; creating s. 59 
83.675, F.S.; providing definitions; requiring a 60 
landlord to give tenants the opportunity to purchase 61 
the dwelling unit or premises under certain 62 
circumstances; providing requirements for an offer of 63 
sale; authorizing a tenant to challenge an offer of 64 
sale; creating s. 83.676, F.S.; providing definitions; 65 
prohibiting a landlord from evicting a tenant or 66 
terminating a rental agreement because the tenant or 67 
the tenant's minor child is a victim of actual or 68 
threatened domestic violence, dating violence, sexual 69 
violence, or stalking; specifying that a rental 70 
agreement may not include certain provisions; 71 
authorizing a victim of such actual or threatened 72 
violence or stalking to terminate a rental agreement 73 
under certain circumstances; requiring certain 74 
documentation and written notice to be provided to the 75     
 
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landlord; providing for liabil ity for unpaid rent for 76 
the tenant and the perpetrator, if applicable; 77 
specifying that a tenant does not forfeit certain 78 
money paid to the landlord for terminating the rental 79 
agreement under certain circumstances; requiring a 80 
landlord to change the locks o f the dwelling unit 81 
within a specified time period under certain 82 
circumstances; authorizing the tenant to change the 83 
locks under certain circumstances; prohibiting certain 84 
actions by a landlord under certain circumstances; 85 
authorizing the filing of a civil action and an award 86 
of damages, fees, and costs under certain 87 
circumstances; prohibiting the waiver or modification 88 
of certain provisions; creating 83.685, F.S.; 89 
prohibiting the purchase of single -family homes for a 90 
specified purpose in certain circumstan ces; 91 
authorizing civil investigations and actions; 92 
authorizing the award of certain relief; requiring 93 
joinder of certain parties in certain circumstances 94 
for specified purposes; providing for joint and 95 
several liability; providing construction; defining 96 
the terms "affiliate" and "person"; amending s. 97 
163.31801, F.S.; authorizing local governments and 98 
special districts to adopt a specified impact fee; 99 
requiring that the revenue generated from such impact 100     
 
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fee be used for a specified purpose; creating s. 101 
166.0452, F.S.; providing definitions; authorizing 102 
municipalities to create community land bank programs 103 
for a certain purpose; requiring certain 104 
municipalities to develop and annually adopt a 105 
community land bank plan; providing requirements for 106 
such plan; requiring a public hearing on the proposed 107 
plan before its adoption; requiring notice to certain 108 
entities; requiring the proposed plan to be made 109 
public within a certain timeframe before the public 110 
hearing; providing requirements for the sale of 111 
certain property to land banks; providing that such 112 
sale is for a public purpose; prohibiting certain 113 
persons from challenging the market value of property 114 
under certain circumstances; requiring written notice 115 
of a sale of such property to be provided to certain 116 
persons in a certain manner within a specified 117 
timeframe; authorizing the owner of certain property 118 
to contest the sale of such property and requiring 119 
such property to be sold in a different manner; 120 
specifying that the owner of certain property is not 121 
entitled to proceeds from the sale and is not liable 122 
for certain deficiencies; authorizing land banks to 123 
buy certain property for less than market value under 124 
certain circumstances; conveying the right, title, and 125     
 
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interest in certain property to land banks; requiring 126 
land banks to offer qualified organizations a right of 127 
first refusal to purchase certain property; providing 128 
requirements for the right of first refusal; providing 129 
conditions for the subsequent resale of property 130 
acquired by land banks; requiring certain deed 131 
restrictions on certain property; providing 132 
requirements for such deed restrictions; authorizing 133 
the modification of or addition to deed restrictions; 134 
requiring land banks to maintain certain records; 135 
requiring land banks to file annual audited financ ial 136 
statements within a certain timeframe; requiring land 137 
banks to submit an annual performance report to a 138 
municipality by a certain date; providing requirements 139 
for such report; requiring copies of such report to be 140 
provided to certain entities and made available for 141 
public review; providing applicability; amending s. 142 
196.061, F.S.; providing that rental of certain 143 
homestead property does not constitute abandonment in 144 
specified circumstances; creating s. 201.025, F.S.; 145 
providing the amount of documentary stamp tax imposed 146 
on purchases of certain property by certain entities; 147 
requiring revenue generated by such tax to be 148 
deposited into the Florida Affordable Housing Trust 149 
Fund; providing exceptions; creating s. 220.1851, 150     
 
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F.S.; providing definitions; authori zing a tax credit 151 
for certain projects; providing the maximum value of 152 
such credit; authorizing the Florida Housing Finance 153 
Corporation to allocate the tax credit among certain 154 
projects; authorizing the tax credit to be transferred 155 
by the recipient; requir ing the Department of Revenue 156 
to adopt rules; creating s. 420.50931, F.S.; creating 157 
the Retail-to-residence Tax Credit Program for a 158 
certain purpose; requiring the corporation to 159 
determine which projects are eligible for the tax 160 
credit; requiring the corpo ration to establish and 161 
adopt certain procedures and to prepare a specified 162 
annual plan; requiring such plan to be approved by the 163 
Governor; authorizing the corporation to exercise 164 
certain powers; requiring the board of directors of 165 
the corporation to admi nister certain procedures and 166 
determine allocations on behalf of the corporation; 167 
providing requirements for certain procedures; 168 
requiring taxpayers to submit an application with 169 
certain information to the corporation; authorizing 170 
the corporation to reques t additional information; 171 
providing requirements for the approval of an 172 
application for a project; creating s. 420.5098, F.S.; 173 
creating the Affordable Housing Construction Loan 174 
Program for a certain purpose; providing the 175     
 
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corporation with certain powers an d responsibilities 176 
relating to the program; providing requirements for 177 
the program; providing rulemaking authority; providing 178 
an effective date. 179 
 180 
Be It Enacted by the Legislature of the State of Florida: 181 
 182 
 Section 1. This act may be cited as the "Ke ep Floridians 183 
Housed Act." 184 
 Section 2.  Section 20.71, Florida Statutes, is created to 185 
read: 186 
 20.71  Department of Housing and Tenant Rights. — 187 
 (1)  There is created the Department of Housing and Tenant 188 
Rights. 189 
 (2)  The head of the department is the sec retary, who shall 190 
be appointed by the Governor, subject to confirmation by the 191 
Senate. The secretary shall serve at the pleasure of and report 192 
to the Governor. The secretary may appoint deputy and assistant 193 
secretaries as necessary to aid the secretary in fulfilling his 194 
or her statutory obligations. The secretary may create offices 195 
or divisions within the department to promote efficient and 196 
effective operation of the department. 197 
 (3)  The purpose of the department is to assist the 198 
Governor in working with t he Legislature, state agencies, and 199 
other interested entities to formulate and implement coherent 200     
 
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and consistent policies and strategies designed to combat 201 
affordable housing and homelessness issues in the state, assist 202 
with housing and urban development, and perpetuate amicable 203 
landlord-tenant relationships. 204 
 (4)  The department shall, by January 1, 2026, conduct 205 
research and submit a report to the Governor, the President of 206 
the Senate, and the Speaker of the House of Representatives on a 207 
cost-benefit analysis of implementing an empty homes tax. 208 
 (5)  The department shall take over the role of state 209 
government from other departments that currently administer 210 
chapter 83 and chapters 419 -423. 211 
 Section 3.  Subsections (12) and (17) of section 83.43, 212 
Florida Statutes, are amended to read: 213 
 83.43  Definitions.—As used in this part, the following 214 
words and terms shall have the following meanings unless some 215 
other meaning is plainly indicated: 216 
 (12)  "Rent" means the periodic payments due the landlord 217 
from the tenant for occupancy under a rental agreement and any 218 
other payments due the landlord from the tenant as may be 219 
designated as rent in a written rental agreement . The term does 220 
not include deposit money, security deposits, late fees, early 221 
termination fees, liquidated damages, or any other charge or 222 
fee, even if the charge or fee is designated as rent in a 223 
written rental agreement. 224 
 (17)  "Tenant" means any person entitled to occupy a 225     
 
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dwelling unit or property held out for the use of tenants 226 
generally under a rental agreement. 227 
 Section 4.  Section 83.455, Florida Statutes, is created to 228 
read: 229 
 83.455  Rental agreements. — 230 
 (1)  Immediately after entering into, extending, or 231 
renewing a rental agreement, the tenant must be provided a copy 232 
of the rental agreement. The rental agreement must be written in 233 
plain language and, at the tenant's request, translated into the 234 
preferred language of the tenant. 235 
 (2)  Notwithstanding any other provision of law, all rental 236 
agreements entered into, extended, or renewed on or after July 237 
1, 2025, must include the following provisions: 238 
 (a)  Before a private sale or transfer of title of the 239 
dwelling unit or the premises on which the dwelling unit is 240 
located, the landlord must provide the tenant with the right of 241 
first refusal to purchase the dwelling unit or premises as 242 
provided under s. 83.675. 243 
 (b)  If a landlord chooses not to extend or renew a rental 244 
agreement, he or she must provide the tenant 60 days' notice of 245 
his or her decision and provide a written explanation for such 246 
decision. 247 
 (c)  If a rental agreement provision authorizes termination 248 
of the rental agreement by the landlord without cause, such 249 
provision must require the landlord to provide the tenant just 250     
 
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compensation and comprehensive relocation assistance. 251 
 (d)  A landlord may not terminate a tenancy for cause 252 
during a state of emergency declared by the Governor under 253 
chapter 252. 254 
 (e)  During a state of emergency declared by the Governor 255 
under chapter 252, a tenant may install wind -resistant 256 
improvements, as described in s. 163.08(4)(a), to the dwelling 257 
unit at the tenant's expense. 258 
 (f)  A landlord may not terminate a tenancy because a 259 
tenant establishes, attempts to establish, or participates in a 260 
tenant organization. 261 
 Section 5.  Subsection (4) is added t o section 83.46, 262 
Florida Statutes, to read: 263 
 83.46  Rent; duration of tenancies. — 264 
 (4)  A landlord must provide to a tenant a written notice, 265 
by certified mail or hand delivery, of a planned rent increase 266 
at least 60 days before the rental agreement renewa l period. If 267 
the rent increase is more than 5 percent, the landlord must 268 
provide notice, by certified mail or hand delivery, at least 3 269 
months before the rental agreement renewal period. If the rent 270 
increase is more than 5 percent, the notice must also con tain a 271 
statement that the tenant may elect to participate in nonbinding 272 
mediation, at the expense of the tenant, by providing written 273 
notice to the landlord, by certified mail or hand delivery, 274 
within 14 days after receipt of the notice of the rent increas e. 275     
 
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For a tenancy without a specific duration, the landlord must 276 
provide written notice, by certified mail or hand delivery, of a 277 
planned rent increase within the timeframes provided in s. 278 
83.57. 279 
 Section 6.  Paragraph (c) is added to subsection (1) of 280 
section 83.47, Florida Statutes, to read: 281 
 83.47  Prohibited provisions in rental agreements. — 282 
 (1)  A provision in a rental agreement is void and 283 
unenforceable to the extent that it: 284 
 (c)  Purports that early termination of a rental agreement 285 
because of an incident involving actual or threatened domestic 286 
violence, dating violence, sexual violence, or stalking, in 287 
which the tenant or the tenant's minor child is a victim and not 288 
the perpetrator, is a breach of the rental agreement. 289 
 Section 7.  Subsections ( 1) through (9) of section 83.49, 290 
Florida Statutes, are renumbered as subsections (2) through 291 
(10), respectively, present subsections (1) through (5), (7), 292 
and (9) are amended, and a new subsection (1) is added to that 293 
section, to read: 294 
 83.49  Deposit money or advance rent; duty of landlord and 295 
tenant.— 296 
 (1)(a)  A landlord may not charge a tenant a security 297 
deposit that is more than 1 month's rent. 298 
 (b)  The landlord must allow the tenant, at his or her 299 
discretion, to pay the total amount of the security de posit in 300     
 
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12 equal payments to be paid at the same time and in the same 301 
manner as the tenant's rent. If the duration of the rental 302 
agreement is less than 1 year, the total amount of the deposit 303 
must be paid in equal monthly payments based on the duration of 304 
the tenancy and be paid at the same time and in the same manner 305 
as the tenant's rent. 306 
 (c)  If a tenant pays his or her security deposit according 307 
to paragraph (b), when the rental agreement is terminated or the 308 
tenant vacates or abandons the premises bef ore the expiration of 309 
the term specified in the rental agreement, the tenant is 310 
entitled to a refund equivalent to the amount of the security 311 
deposit that he or she already paid, minus any deductions 312 
properly claimed by the landlord under subsection (4) fo r 313 
damages. 314 
 (2)(1) Whenever money is deposited or advanced by a tenant 315 
on a rental agreement as security for performance of the rental 316 
agreement or as advance rent for other than the next immediate 317 
rental period, the landlord or the landlord's agent shall 318 
either: 319 
 (a)  Hold the total amount of such money in a separate non -320 
interest-bearing account in a Florida financial institution for 321 
the benefit of the tenant or tenants. The landlord shall not 322 
commingle such moneys with any other funds of the landlord or 323 
hypothecate, pledge, or in any other way make use of such moneys 324 
until such moneys are actually due the landlord; 325     
 
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 (a)(b) Hold the total amount of such money in a separate 326 
interest-bearing account in a Florida financial institution for 327 
the benefit of the tenant or tenants, in which case the tenant 328 
shall receive and collect interest in an amount of at least 75 329 
percent of the annualized average interest rate payable on such 330 
account or interest at the rate of 5 percent per year, simple 331 
interest, whichever the landlord elects. The landlord shall not 332 
commingle such moneys with any other funds of the landlord or 333 
hypothecate, pledge, or in any other way make use of such moneys 334 
until such moneys are actually due the landlord; or 335 
 (b)(c) Post a surety bond, executed by the landlord as 336 
principal and a surety company authorized and licensed to do 337 
business in the state as surety, with the clerk of the circuit 338 
court in the county in which the dwelling unit is located in the 339 
total amount of the security deposits and advance rent he or she 340 
holds on behalf of the tenants or $50,000, whichever is less. 341 
The bond shall be conditioned upon the faithful compliance of 342 
the landlord with the provisions of this section and shall run 343 
to the Governor for the benefit of any tenant injured by the 344 
landlord's violation of the provisions of this section. In 345 
addition to posting the surety bond, the landlord shall pay to 346 
the tenant interest at the rate of 5 percent per year, simple 347 
interest. A landlord, or the landlord's agent, engaged in the 348 
renting of dwelling units in five or more counties, who holds 349 
deposit moneys or advance rent and who is otherwise subject to 350     
 
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the provisions of this section, may, in lieu of posting a surety 351 
bond in each county, elect to post a surety bond in the form and 352 
manner provided in this paragraph with the office of the 353 
Secretary of State. The bond shall be in the total amount of the 354 
security deposit or advance rent held on behalf of tenants or in 355 
the amount of $250,000, whichever is less. The bond shall be 356 
conditioned upon the faith ful compliance of the landlord with 357 
the provisions of this section and shall run to the Governor for 358 
the benefit of any tenant injured by the landlord's violation of 359 
this section. In addition to posting a surety bond, the landlord 360 
shall pay to the tenant i nterest on the security deposit or 361 
advance rent held on behalf of that tenant at the rate of 5 362 
percent per year simple interest. 363 
 (3)(2) The landlord shall, in the rental lease agreement 364 
or within 30 days after receipt of advance rent or a security 365 
deposit, give written notice to the tenant which includes 366 
disclosure of the advance rent or security deposit. Subsequent 367 
to providing such written notice, if the landlord changes the 368 
manner or location in which he or she is holding the advance 369 
rent or security deposit, he or she must notify the tenant 370 
within 30 days after the change as provided in paragraphs (a) -371 
(d). The landlord is not required to give new or additional 372 
notice solely because the depository has merged with another 373 
financial institution, changed i ts name, or transferred 374 
ownership to a different financial institution. This subsection 375     
 
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does not apply to any landlord who rents fewer than five 376 
individual dwelling units. Failure to give this notice is not a 377 
defense to the payment of rent when due. The wr itten notice 378 
must: 379 
 (a)  Be given in person or by mail to the tenant. 380 
 (b)  State the name and address of the depository where the 381 
advance rent or security deposit is being held or state that the 382 
landlord has posted a surety bond as provided by law. 383 
 (c)  State that whether the tenant is entitled to interest 384 
on the deposit and the amount of the interest . 385 
 (d)  Contain the following disclosure: 386 
 387 
YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF CERTAIN 388 
DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE 389 
LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU 390 
MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT 391 
THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE 392 
LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE 393 
OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE 394 
DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR 395 
OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE 396 
LANDLORD'S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST 397 
MAIL YOU THE REMAINING DEPOSIT, IF ANY. 398 
 399 
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD 400     
 
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MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU 401 
FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE 402 
LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A 403 
LAWSUIT CLAIMING A REFUND. 404 
 405 
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE 406 
FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT 407 
IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY 408 
THE LOSING PARTY. 409 
 410 
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 411 
FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 412 
OBLIGATIONS. 413 
 414 
 (4)(3) The landlord or the landlord's agent m ay disburse 415 
advance rents from the deposit account to the landlord's benefit 416 
when the advance rental period commences and without notice to 417 
the tenant. For all other deposits: 418 
 (a)  Upon the vacating of the premises for termination of 419 
the rental agreement lease, if the landlord does not intend to 420 
impose a claim on the security deposit, the landlord must shall 421 
have 15 days to return the security deposit together with 422 
interest within 30 days after the tenant vacates the premises. 423 
if otherwise required, or The landlord has shall have 30 days 424 
after the tenant vacates the premises to give the tenant written 425     
 
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notice by certified mail to the tenant's last known mailing 426 
address of his or her intention to impose a claim on the deposit 427 
and the reason for imposing the c laim. The notice must shall 428 
contain a statement in substantially the following form: 429 
 This is a notice of my intention to impose a claim for 430 
damages in the amount of .... upon your security deposit, due to 431 
..... It is sent to you as required by s. 83.49(4) s. 83.49(3), 432 
Florida Statutes. You are hereby notified that you must object 433 
in writing to this deduction from your security deposit within 434 
15 days after from the time you receive this notice or I will be 435 
authorized to deduct my claim from your security de posit. Your 436 
objection must be sent to ...(landlord's address).... 437 
If the landlord fails to give the required notice within the 30 -438 
day period, he or she forfeits the right to impose a claim upon 439 
the security deposit and may not seek a setoff against the 440 
deposit but may file an action for damages after return of the 441 
deposit. 442 
 (b)  Unless the tenant objects to the imposition of the 443 
landlord's claim or the amount thereof within 15 days after 444 
receipt of the landlord's notice of intention to impose a claim, 445 
the landlord may then deduct the amount of his or her claim and 446 
must shall remit the balance of the deposit and any interest to 447 
the tenant within 30 days after the date of the notice of 448 
intention to impose a claim for damages. The failure of the 449 
tenant to make a timely objection does not waive any rights of 450     
 
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the tenant to seek damages in a separate action. 451 
 (c)  If either party institutes an action in a court of 452 
competent jurisdiction to adjudicate the party's right to the 453 
security deposit, the prevailing party i s entitled to receive 454 
his or her court costs plus a reasonable fee for his or her 455 
attorney. If a court finds that the landlord failed to meet the 456 
requirements of this section, the court must award the tenant 457 
damages equal to three times the amount of the t enant's security 458 
deposit. The court shall advance the cause on the calendar. 459 
 (d)  Compliance with this section by an individual or 460 
business entity authorized to conduct business in this state, 461 
including Florida-licensed real estate brokers and sales 462 
associates, constitutes compliance with all other relevant 463 
Florida Statutes pertaining to security deposits held pursuant 464 
to a rental agreement or other landlord -tenant relationship. 465 
Enforcement personnel shall look solely to this section to 466 
determine compliance. This section prevails over any conflicting 467 
provisions in chapter 475 and in other sections of the Florida 468 
Statutes, and operates shall operate to permit licensed real 469 
estate brokers to disburse security deposits and deposit money 470 
without having to compl y with the notice and settlement 471 
procedures contained in s. 475.25(1)(d). 472 
 (5)(4) The provisions of This section does do not apply to 473 
transient rentals by hotels or motels as defined in chapter 509 ; 474 
or nor do they apply in those instances in which the amount of 475     
 
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rent or deposit, or both, is regulated by law or by rules or 476 
regulations of a public body, including public housing 477 
authorities and federally administered or regulated housing 478 
programs including s. 202, s. 221(d)( 3) and (4), s. 236, or s. 8 479 
of the National Housing Act, as amended, other than for rent 480 
stabilization. With the exception of subsections (4), (6), and 481 
(7) (3), (5), and (6), this section is not applicable to housing 482 
authorities or public housing agencies created pursuant to 483 
chapter 421 or other statutes. 484 
 (6)(5) Except when otherwise provided by the terms of a 485 
written rental agreement lease, any tenant who vacates or 486 
abandons the premises before prior to the expiration of the term 487 
specified in the written rental agreement lease, or any tenant 488 
who vacates or abandons premises which are the subject of a 489 
tenancy from week to week, month to month, quarter to quarter, 490 
or year to year, must shall give at least 7 days' written 491 
notice, which notice must include th e address where the tenant 492 
may be reached, by certified mail or personal delivery to the 493 
landlord before prior to vacating or abandoning the premises 494 
which notice shall include the address where the tenant may be 495 
reached. Failure to give such notice relieves shall relieve the 496 
landlord of the notice requirement of paragraph (4)(a) (3)(a) 497 
but does shall not waive any right the tenant may have to the 498 
security deposit or any part of it. 499 
 (8)(7) Upon the sale or transfer of title of the rental 500     
 
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property from one owner to another, or upon a change in the 501 
designated rental agent, any and all security deposits or 502 
advance rents being held for the benefit of the tenants must 503 
shall be transferred to the new owner or agent, together with 504 
any earned interest and with an accurate accounting showing the 505 
amounts to be credited to each tenant account. Upon the transfer 506 
of such funds and records to the new owner or agent, and upon 507 
transmittal of a written receipt therefor, the transferor is 508 
free from the obligation imposed in subsection (2) (1) to hold 509 
such moneys on behalf of the tenant. There is a rebuttable 510 
presumption that any new owner or agent received the security 511 
deposit from the previous owner or agent; however, this 512 
presumption is limited to 1 month's rent. This subse ction does 513 
not excuse the landlord or agent for a violation of other 514 
provisions of this section while in possession of such deposits. 515 
 (10)(9) In those cases in which interest is required to be 516 
paid to the tenant, The landlord shall pay directly to the 517 
tenant, or credit against the current month's rent, the interest 518 
due to the tenant at least once annually. However, no interest 519 
may not be paid to shall be due a tenant who wrongfully 520 
terminates his or her tenancy before prior to the end of the 521 
rental term. 522 
 Section 8.  Section 83.495, Florida Statutes, is created to 523 
read: 524 
 83.495  Prohibited fees. — 525     
 
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 (1)  This section may be cited as the "End Junk Fees for 526 
Renters Act." 527 
 (2)  A landlord or a landlord's agent may not require or 528 
demand a prospective tenant to pay any fee in connection with 529 
the submission of an application for rental of a dwelling unit. 530 
Such fees include, but are not limited to, application fees, 531 
tenant screening fees, renewal fees, service fees, amenity fees, 532 
benefits fees, and any other fee t hat cannot be avoided by the 533 
prospective tenant. Such fees do not include security deposits 534 
or fees in lieu of security deposits, rent, or early termination 535 
fees. 536 
 (3)  This section does not prohibit a landlord or 537 
landlord's agent from requiring a backgrou nd screening or credit 538 
report. However, if a prospective tenant provides a required 539 
background screening or credit report issued within 90 days 540 
after the application, no fee for such background screening or 541 
credit report may be charged by the landlord or l andlord's 542 
agent. If a prospective tenant does not provide a required 543 
background screening or credit report issued within 90 days 544 
after the application, the landlord or the landlord's agent may 545 
charge the prospective tenant a fee for the actual cost of 546 
obtaining the background screening or credit report. Any 547 
prospective tenant who is charged a fee under this subsection 548 
for a background screening or credit report must be given a 549 
written or electronic copy of the background screening or credit 550     
 
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report. 551 
 Section 9.  Paragraph (a) of subsection (1) of section 552 
83.51, Florida Statutes, is amended to read: 553 
 83.51  Landlord's obligation to maintain premises. — 554 
 (1)  The landlord at all times during the tenancy shall: 555 
 (a)  Comply with the requirements of applicable building, 556 
housing, and health codes . The landlord, at commencement of the 557 
tenancy, must inspect the dwelling unit to ensure compliance 558 
with all applicable codes ; or 559 
 560 
The landlord is not required to maintain a mobile home or other 561 
structure owned by the ten ant. The landlord's obligations under 562 
this subsection may be altered or modified in writing with 563 
respect to a single-family home or duplex. 564 
 Section 10.  Section 83.54, Florida Statutes, is amended to 565 
read: 566 
 83.54  Enforcement of rights and duties; civil action; 567 
criminal offenses.—Any right or duty declared in this part is 568 
enforceable by civil action. A right or duty enforced by civil 569 
action under this section does not preclude prosecution for a 570 
criminal offense related to the rental agreement or rented 571 
dwelling unit or premises lease or leased property . In an action 572 
brought by a tenant for wrongful termination of a rental 573 
agreement, if the court finds in favor of the tenant, any 574 
eviction complaint filed by the landlord must be dismissed and 575     
 
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the record of such filing removed from the tenant's credit 576 
report. 577 
 Section 11.  Subsections (5) and (6) of section 83.56, 578 
Florida Statutes, are renumbered as subsections (6) and (7), 579 
respectively, subsections (2), (3), and (4), paragraph (b) of 580 
present subsection (5) , and present subsection (6) are amended, 581 
and new subsections (5) and (8) are added to that section, to 582 
read: 583 
 83.56  Termination of rental agreement. — 584 
 (2)(a)  A landlord must have good cause to terminate a 585 
rental agreement. The following reasons constitu te good cause to 586 
terminate a rental agreement: 587 
 1.  The intentional destruction, damage, or misuse of the 588 
landlord's or other tenants' property. 589 
 2.  A tenant's disorderly conduct or continued unreasonable 590 
disturbance. 591 
 3.  Failure of the tenant to comply with s. 83.52. 592 
 4.  A violation or breach of the landlord's reasonable 593 
rules and regulations. 594 
 5.  A violation or breach of covenants or agreements 595 
contained in the rental agreement. 596 
 6.  Use of the dwelling unit or premises for illegal 597 
purposes or acts that the tenant has been criminally charged 598 
with, including, but not limited to, the manufacture, sale, or 599 
use of illegal drugs, theft of property, or assault or threats 600     
 
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on the landlord or his or her relatives, as defined in s. 601 
494.001, or employees. 602 
 7.  The dwelling unit or premises are removed from the 603 
rental market because this state, any political subdivision as 604 
defined in s. 1.01(8), or any other entity exercises its power 605 
of eminent domain; the landlord seeks in good faith to 606 
permanently remove the pro perty from the rental market; or the 607 
landlord is converting the dwelling unit or premises from the 608 
rental market to a condominium, cooperative, or fee simple 609 
ownership. 610 
 8.  The dwelling unit or premises are being used as an 611 
incident of employment and such employment is terminated. 612 
 9.  The landlord seeks in good faith to recover possession 613 
of the dwelling unit or premises for his or her own use and 614 
occupancy as a principal residence, or for the use and occupancy 615 
as a principal residence by a relative, as d efined in s. 616 
494.001, of the landlord. 617 
 (b) If any of the violations in subparagraphs (a)1. -6. 618 
exist the tenant materially fails to comply with s. 83.52 or 619 
material provisions of the rental agreement, other than a 620 
failure to pay rent, or reasonable rules or regulations, the 621 
landlord may: 622 
 1.(a) If the violation such noncompliance is of a nature 623 
that the tenant should not be given an opportunity to cure it or 624 
if the violation noncompliance constitutes a subsequent or 625     
 
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continuing violation noncompliance within 12 months after of a 626 
written warning by the landlord of a similar violation, deliver 627 
a written notice to the tenant specifying the violation 628 
noncompliance and the landlord's intent to terminate the rental 629 
agreement by reason thereof. Examples of noncompliance which are 630 
of a nature that the tenant should not be given an opportunity 631 
to cure include, but are not limited to, destruction, damage, or 632 
misuse of the landlord's or other tenants' property by 633 
intentional act or a subsequent or continued unreasonabl e 634 
disturbance. In such event, the landlord may terminate the 635 
rental agreement, and the tenant has shall have 7 days after 636 
from the date that the notice is delivered to vacate the 637 
premises. The notice must shall be in substantially the 638 
following form: 639 
 640 
 You are advised that your rental agreement lease is 641 
terminated effective immediately. You shall have 7 days after 642 
from the delivery of this letter to vacate the premises. This 643 
action is taken because ...(cite the violation 644 
noncompliance).... 645 
 646 
 2.(b) If the violation such noncompliance is of a nature 647 
that the tenant should be given an opportunity to cure it, 648 
deliver a written notice to the tenant specifying the violation 649 
noncompliance, including a notice that, if the violation 650     
 
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noncompliance is not corrected within 7 days after from the date 651 
that the written notice is delivered, the landlord will shall 652 
terminate the rental agreement by reason thereof. Examples of 653 
such noncompliance include, but are not limited to, activities 654 
in contravention of the lease or thi s part such as having or 655 
permitting unauthorized pets, guests, or vehicles; parking in an 656 
unauthorized manner or permitting such parking; or failing to 657 
keep the premises clean and sanitary. If such violation 658 
noncompliance recurs within 12 months after receipt of such 659 
notice, an eviction action may commence without delivering a 660 
subsequent notice pursuant to subparagraph 1. paragraph (a) or 661 
this subparagraph paragraph. The notice must shall be in 662 
substantially the following form: 663 
 664 
 You are hereby notified tha t ...(cite the violation 665 
noncompliance).... Demand is hereby made that you remedy the 666 
violation noncompliance within 7 days after of receipt of this 667 
notice or your rental agreement will be lease shall be deemed 668 
terminated and you must shall vacate the premises upon such 669 
termination. If this same conduct or conduct of a similar nature 670 
is repeated within 12 months, your tenancy is subject to 671 
termination without further warning and without your being given 672 
an opportunity to cure the violation noncompliance. 673 
 674 
 (c)  If any other reason provided in paragraph (a) exists, 675     
 
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the landlord may deliver a written notice to the tenant of the 676 
landlord's intent to terminate the rental agreement. The written 677 
notice must specify the reason for the termination. In such 678 
event, the tenant has 7 days after the date that the notice is 679 
delivered to vacate the premises. 680 
 (3)  If the tenant fails to pay rent when due and the 681 
default continues for 3 days, excluding Saturday, Sunday, and 682 
legal holidays, after delivery of written demand by the landlord 683 
for payment of the rent or possession of the premises, or if the 684 
tenant habitually pays late or fails to pay the full amount of 685 
rent after being given notice of a rent increase as required in 686 
s. 83.46(4), the landlord may terminate the rental agreement. 687 
Habitual late payments means more than one late payment 688 
following the landlord's first written demand for payment. Legal 689 
holidays for the purpose of this section shall be court -observed 690 
holidays only. The 3 -day notice shall contain a statement in 691 
substantially the following form: 692 
 693 
 You are hereby notified that you are indebted to me in the 694 
sum of .... dollars for the rent and use of the premises 695 
...(address of leased premises, including county)..., Florida, 696 
now occupied by you and that I demand payment of the rent or 697 
possession of the premises within 3 days (excluding Saturday, 698 
Sunday, and legal holidays) after from the date of delivery of 699 
this notice, to wit: on or before the .... day of ...., 700     
 
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...(year).... 701 
...(landlord's name, address and phone number)... 702 
 703 
 (4)  The delivery of the written notices required by 704 
subsections (1), (2), and (3), and (8) must shall be by mailing 705 
or delivery of a true copy thereof or, if the tenant is absent 706 
from the premises, by leaving a copy thereof at the residence. 707 
The notice requirements of subsections (1), (2), and (3), and 708 
(8) may not be waived in the rental agreement lease. 709 
 (5)  Notwithstanding any other law to the contrary, if the 710 
landlord knows or reasonably should know that the tenant is 711 
pregnant or there are children under the age of 18 years living 712 
in the dwelling unit, the landlord must provide the tenant at 713 
least 3 months after delivery of a written notice under 714 
subsection (2) or subsection (3) to vacate the premises before 715 
bringing an action for possession of the dwelling unit under s. 716 
83.59. 717 
 (6)(5) 718 
 (b)  Any tenant who wishes to defend against an action by 719 
the landlord for possession of the unit for noncompliance of the 720 
rental agreement or of relevant statutes must comply with s. 721 
83.60(2). The court may not set a date for mediation or trial 722 
unless the provisions of s. 83.60(2) have been met , but must 723 
enter a default judgment for removal of the tenant with a writ 724 
of possession to issue immediately if the tenant fails to comply 725     
 
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with s. 83.60(2). 726 
 (7)(6) If the rental agreement is terminated, the landlord 727 
must shall comply with s. 83.49(4) s. 83.49(3). 728 
 (8)(a)  If the landlord seeks in good faith to undertake 729 
substantial repairs to the dwelling unit or premises that cannot 730 
be completed while the dwelling unit is occupied, and that are 731 
necessary to bring the dwelling unit or premises into compliance 732 
with applicable codes and laws or under an outstanding notice of 733 
code violations, the landlord may deliver a written notice to 734 
the tenant of the landlord's intent to terminate the rental 735 
agreement. In such event, the tenant has 7 days after the date 736 
that the notice is delivered to vacate the premises. 737 
 (b)  A notice terminating a rental agreement under this 738 
subsection must include the following information: 739 
 1.  A statement in substantially the following form: "When 740 
the needed repairs are completed on your dwelling unit or the 741 
premises, the landlord must offer you the opportunity to return 742 
to your dwelling unit with a rental agreement of substantially 743 
the same terms and at the same rent, subject to the landlord's 744 
right to obtain a rent increase for capital improvements." 745 
 2.  If a landlord owns other residential dwelling units and 746 
any such unit is available, a statement informing the tenant of 747 
the existence of the available unit and an offer to enter into a 748 
temporary rental agreement for the available unit or an offer to 749 
enter into a new rental agreement for the available unit. The 750     
 
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landlord must offer the replacement dwelling unit to the tenant 751 
at a rent based on the rent that the tenant is currently paying, 752 
allowing for adjustments based on the condition, size, and other 753 
amenities of the replacement unit. 754 
 3.  An estimate of the time required to complete the 755 
repairs and the date upon which it is expected that the dwelling 756 
unit will be ready for habitation. 757 
 (c)  Upon completion of the repairs of the dwelling unit or 758 
premises, the landlord must offer the tenant the first right to 759 
return to the dwelling unit at the same rent and under a rental 760 
agreement of substantially the same terms, subject to the 761 
landlord's right to obtain a rent increase for capital 762 
improvements. 763 
 Section 12.  Subsection (2) of section 83.60, Florida 764 
Statutes, is amended to read: 765 
 83.60  Defenses to action for rent or possession; 766 
procedure.— 767 
 (2)  In an action by the landlord for possession of a 768 
dwelling unit, if the tenant interposes any defense other than 769 
payment, including, but not limited to, the defense of a 770 
defective 3-day notice, the tenant must shall pay into the 771 
registry of the court the accrued rent as alleged in the 772 
complaint or as determined by the court and the rent that 773 
accrues during the pendency o f the proceeding, when due. The 774 
clerk shall notify the tenant of such requirement in the 775     
 
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summons. Failure of the tenant to pay the rent into the registry 776 
of the court or to file a motion to determine the amount of rent 777 
to be paid into the registry within 5 days, excluding Saturdays, 778 
Sundays, and legal holidays, after the date of service of 779 
process constitutes an absolute waiver of the tenant's defenses 780 
other than payment, and the landlord is entitled to an immediate 781 
default judgment for removal of the tenan t with a writ of 782 
possession to issue without further notice or hearing thereon. 783 
If a motion to determine rent is filed, documentation in support 784 
of the allegation that the rent as alleged in the complaint is 785 
in error is required. Public housing tenants or tenants 786 
receiving rent subsidies are required to deposit only that 787 
portion of the full rent for which they are responsible pursuant 788 
to the federal, state, or local program in which they are 789 
participating. 790 
 Section 13.  Section 83.626, Florida Statutes, i s created 791 
to read: 792 
 83.626  Court records of eviction proceedings. — 793 
 (1)  A tenant, mobile home owner, mobile home tenant, or 794 
mobile home occupant who is a defendant in an eviction 795 
proceeding under this part or s. 723.061 may file a motion with 796 
the court to have the records of such proceeding sealed and to 797 
have his or her name substituted with "tenant" or "occupant" on 798 
the progress docket if any of the following conditions are 799 
satisfied: 800     
 
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 (a)  The parties file a joint stipulation requesting relief 801 
under this section. 802 
 (b)  The case was dismissed. 803 
 (c)  The case was resolved by settlement or stipulation of 804 
the parties and the defendant has complied with the terms of the 805 
agreement. 806 
 (d)  A default judgment was entered against the defendant 807 
and the defendant ha s satisfied any monetary award included in 808 
the judgment. This paragraph does not apply if the action was 809 
brought under s. 83.56(2)(a) or s. 723.061(1)(c) for material 810 
noncompliance, other than nonpayment of rent, because of the 811 
defendant's intentional dest ruction, damage, or misuse of the 812 
landlord's property. 813 
 (e)  A judgment was entered against the defendant on the 814 
merits at least 5 years before the motion was filed under this 815 
subsection and the defendant has satisfied any monetary award 816 
included in the judgment. This paragraph does not apply if the 817 
action was brought under s. 83.56(2)(a) or s. 723.061(1)(c) for 818 
material noncompliance, other than nonpayment of rent, because 819 
of the defendant's intentional destruction, damage, or misuse of 820 
the landlord's property. 821 
 (2)(a)  The court shall grant such motion without a hearing 822 
if the requirements in paragraph (1)(a) or paragraph (1)(b) are 823 
satisfied. 824 
 (b)  If the defendant files a motion on the basis of 825     
 
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paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) bein g 826 
satisfied, the defendant must also serve a copy of the motion on 827 
all parties to the proceeding. If a written objection is filed 828 
by a party within 30 days after such service, the court must 829 
schedule a hearing. If a written objection is not filed within 830 
30 days after such service, or the court determines after a 831 
hearing that the defendant is eligible for relief, the court 832 
must grant the motion. 833 
 (3)  A tenant, mobile home owner, mobile home tenant, or 834 
mobile home occupant is entitled to relief under subsect ion (2) 835 
only once. When a tenant, mobile home owner, mobile home tenant, 836 
or mobile home occupant files a motion under subsection (1), he 837 
or she must also submit a sworn statement under penalty of 838 
perjury affirming that he or she has not previously received 839 
such relief from a court in this state. 840 
 (4)  In an eviction proceeding under this part or s. 841 
723.061, the court must substitute a defendant's name on the 842 
progress docket with "tenant" or "occupant" if a judgment is 843 
entered in favor of the defendant. 844 
 (5) A defendant is not eligible for relief under this 845 
section if: 846 
 (a)  During any 12-month period, the defendant has had a 847 
judgment entered against him or her in two or more eviction 848 
proceedings; or 849 
 (b)  During any 24-month period, the defendant has had a 850     
 
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judgment entered against him or her in three or more eviction 851 
proceedings. 852 
 (6)  This section applies to any judgment entered before, 853 
on, or after July 1, 2025. 854 
 Section 14.  Section 83.63, Florida Statutes, is amended to 855 
read: 856 
 83.63  Casualty damage. —If the premises are damaged or 857 
destroyed other than by the wrongful or negligent acts of the 858 
tenant so that the enjoyment of the premises is substantially 859 
impaired, the tenant may terminate the rental agreement and 860 
immediately vacate the premises. The tenant may vacate the part 861 
of the premises rendered unusable by the casualty, in which case 862 
the tenant's liability for rent shall be reduced by the fair 863 
rental value of that part of the premises damaged or destroyed. 864 
If the rental agreement is terminated, the landlord shall comply 865 
with s. 83.49(4) s. 83.49(3). 866 
 Section 15.  Section 83.67, Florida Statutes, is amended to 867 
read: 868 
 83.67  Prohibited practices. — 869 
 (1)  A landlord of any dwelling unit governed by this part 870 
may shall not cause, directly or indirectly, the termination or 871 
interruption of any utility service furnished to the tenant, 872 
including, but not limited to, water, heat, light, electricity, 873 
gas, elevator, garbage collection, or refrigeration, whether or 874 
not the utility service is under the control of, or payment is 875     
 
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made by, the landlord. 876 
 (2)  A landlord of any dwelling unit governed by this part 877 
may shall not prevent the tenant from gaining reasonable access 878 
to the dwelling unit by any means, including, but not limited 879 
to, changing the locks or using any bootlock or similar device. 880 
 (3)  A landlord of any dwelling unit governed by this part 881 
may shall not discriminate against a servicemember in offering a 882 
dwelling unit for rent or in any of the terms of the rental 883 
agreement. 884 
 (4)  A landlord of any dwelling unit governed by this part 885 
may not discriminate against a person in offering a dwelling 886 
unit for rent or in any of the terms of the rental agreement 887 
based on the person's race; color; religion; sex; pregnancy; 888 
national origin; age; physical, mental, or developmental 889 
disability; HIV status; familial status; sexual orientation; 890 
gender identity; source of income; or credit score. For purposes 891 
of this subsection, the term: 892 
 (a)  "Familial status" means the makeup of a person's 893 
family, including whether there is a child under the age of 18 894 
living with the person or whether the person is seeking custody 895 
of a child under the age of 18. 896 
 (b)  "Gender identity" means the identity, appearance, or 897 
behavior of a person, regardless of whethe r such identity, 898 
appearance, or behavior is different from that traditionally 899 
associated with the person's physiology or assigned sex at 900     
 
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birth. 901 
 (c)  "Sexual orientation" means a person's heterosexuality, 902 
homosexuality, or bisexuality. 903 
 (5)  A landlord of any dwelling unit governed by this part 904 
may not harass or intimidate a tenant for the purpose of 905 
coercing the tenant into terminating the rental agreement. 906 
 (6)  A landlord of any dwelling unit governed by this part 907 
may not refuse to show the dwelling unit , either in person or 908 
through photographs, to a prospective tenant until the 909 
prospective tenant signs a rental agreement. 910 
 (7)  Unless otherwise required by law, a landlord of any 911 
dwelling unit governed by this part may not inquire into or 912 
consider a prospective tenant's criminal history on a rental 913 
application or rental agreement. A landlord may inquire into or 914 
consider a prospective tenant's criminal history only after the 915 
landlord otherwise determines that the prospective tenant 916 
otherwise qualifies to re nt a dwelling unit. 917 
 (8)  If a landlord requires a prospective tenant to 918 
complete a rental application before residing in a dwelling 919 
unit, the landlord may not charge an excessive rental 920 
application fee. If, after a prospective tenant submits a rental 921 
application and rental application fee, a dwelling unit is not 922 
available, the landlord must refund the application fee to the 923 
prospective tenant. 924 
 (9)(4) A landlord may shall not prohibit a tenant from 925     
 
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displaying one portable, removable, cloth or plastic Unit ed 926 
States flag, not larger than 4 and 1/2 feet by 6 feet, in a 927 
respectful manner in or on the dwelling unit regardless of any 928 
provision in the rental agreement dealing with flags or 929 
decorations. The United States flag shall be displayed in 930 
accordance with s. 83.52(6). The landlord is not liable for 931 
damages caused by a United States flag displayed by a tenant. 932 
Any United States flag may not infringe upon the space rented by 933 
any other tenant. 934 
 (10)(5) A landlord of any dwelling unit governed by this 935 
part may shall not remove the outside doors, locks, roof, walls, 936 
or windows of the unit except for purposes of maintenance, 937 
repair, or replacement; and the landlord may shall not remove 938 
the tenant's personal property from the dwelling unit unless 939 
such action is taken after surrender, abandonment, recovery of 940 
possession of the dwelling unit due to the death of the last 941 
remaining tenant in accordance with s. 83.59(3)(d), or a lawful 942 
eviction. If provided in the rental agreement or a written 943 
agreement separate from th e rental agreement, upon surrender or 944 
abandonment by the tenant, the landlord is not required to 945 
comply with s. 715.104 and is not liable or responsible for 946 
storage or disposition of the tenant's personal property; if 947 
provided in the rental agreement, ther e must be printed or 948 
clearly stamped on such rental agreement a legend in 949 
substantially the following form: 950     
 
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 951 
BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON 952 
SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE 953 
DWELLING UNIT DUE TO THE DEA TH OF THE LAST REMAINING TENANT, AS 954 
PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD IS SHALL 955 
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 956 
TENANT'S PERSONAL PROPERTY. 957 
 958 
For the purposes of this section, abandonment is determined 959 
shall be as provided set forth in s. 83.59(3)(c). 960 
 (11)(6) A landlord who violates any provision of this 961 
section is shall be liable to the tenant for actual and 962 
consequential damages or 3 months' rent, whichever is greater, 963 
and costs, including attorney attorney's fees. Subsequent or 964 
repeated violations that are not contemporaneous with the 965 
initial violation are shall be subject to separate awards of 966 
damages. 967 
 (12)(7) A violation of this section constitutes 968 
irreparable harm for the purposes of injunctive relief. 969 
 (13)(8) The remedies provided by this section are not 970 
exclusive and do not preclude the tenant from pursuing any other 971 
remedy at law or equity that the tenant may have. The remedies 972 
provided by this section shall also apply to a servicemember or  973 
person who is a prospective tenant who has been discriminated 974 
against under subsection (3) or subsection (4). 975     
 
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 Section 16.  Section 83.675, Florida Statutes, is created 976 
to read: 977 
 83.675  Tenant opportunity to purchase. — 978 
 (1)  For purposes of this section, the term: 979 
 (a)  "Bona fide offer of sale" means an offer for a price, 980 
and, including other material terms, that is at least as 981 
favorable as what would be accepted by a purchaser in an arm's 982 
length third-party contract, that is comparable to that at which 983 
a willing seller and a willing buyer would sell and purchase the 984 
dwelling unit or the premises on which the dwelling unit is 985 
located, or that is the appraised value of the dwelling unit or 986 
premises. 987 
 (b)  "Highest and best use" means the reasonable legal use 988 
of a dwelling unit or the premises on which the dwelling unit is 989 
located that is physically possible, appropriately supported, 990 
and financially feasible and that results in the highest value 991 
of the dwelling unit or the premises on which the dwelling unit 992 
is located. 993 
 (c)  "Matter-of-right" means the appropriate land use, 994 
development density, or building requirements of the dwelling 995 
unit or the premises on which the dwelling unit is located under 996 
zoning regulations and law. 997 
 (2)  Before a landlord may sell a dwelling un it or the 998 
premises on which a dwelling unit is located or issue a notice 999 
to vacate the dwelling unit or premises for purposes of 1000     
 
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demolition or discontinuance of housing use, the landlord must 1001 
give the tenant an opportunity to purchase the dwelling unit or 1002 
the premises on which the dwelling unit is located at a price 1003 
and with material terms that represent a bona fide offer of 1004 
sale. 1005 
 (3)  A landlord shall provide the tenant a copy of the 1006 
offer of sale, in the preferred language of the tenant, by hand 1007 
delivery, e-mail, or certified mail. A landlord may not retain a 1008 
percentage of ownership in the dwelling unit or the premises on 1009 
which the dwelling unit is located in the offer of sale. 1010 
 (4)  The sales price contained in the offer of sale may not 1011 
be more than a price that is comparable to that at which a 1012 
willing seller and a willing buyer would sell and purchase the 1013 
dwelling unit or the premises on which the dwelling unit is 1014 
located or that is the appraised value of the dwelling unit or 1015 
premises. 1016 
 (5)  The appraised value must be based on rights a landlord 1017 
has as a matter-of-right as of the date of the offer of sale, 1018 
including any existing right a landlord may have to convert the 1019 
dwelling unit or the premises on which the dwelling unit is 1020 
located to another use. The appraised value may take into 1021 
consideration the highest and best use of the dwelling unit or 1022 
premises. 1023 
 (6)  A tenant may challenge an offer of sale as not being a 1024 
bona fide offer of sale and request a determination of the 1025     
 
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appraised value by an independen t licensed appraiser, as defined 1026 
in s. 475.611, at his or her expense, by providing written 1027 
notice to the landlord and the Division of Consumer Services 1028 
within the Department of Agriculture and Consumer Services by 1029 
hand delivery, e-mail, or certified mail within 30 days after 1030 
receipt of the offer of sale. 1031 
 (7)  The landlord has the burden of proof to establish that 1032 
an offer of sale under this section is a bona fide offer of 1033 
sale. 1034 
 Section 17.  Section 83.676, Florida Statutes, is created 1035 
to read: 1036 
 83.676  Early termination of rental agreement by a victim 1037 
of domestic violence, dating violence, sexual violence, or 1038 
stalking; lock changing. — 1039 
 (1)  As used in this section, the term: 1040 
 (a)  "Dating violence" has the same meaning as in s. 1041 
784.046(1)(d). 1042 
 (b)  "Domestic violence" has the same meaning as in s. 1043 
741.28. 1044 
 (c)  "Sexual violence" has the same meaning as in s. 1045 
784.046(1)(c). 1046 
 (d)  "Stalking," as described in s. 784.048(2), means 1047 
willfully, maliciously, and repeatedly following, harassing, or 1048 
cyberstalking another person. 1049 
 (2)  A landlord may not terminate a rental agreement or 1050     
 
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evict a tenant for an incident involving actual or threatened 1051 
domestic violence, dating violence, sexual violence, or stalking 1052 
if the tenant or the tenant's minor child is the victim of such 1053 
actual or threatened violence or stalking. A rental agreement 1054 
may not include a provision deeming that early termination of a 1055 
rental agreement because of an incident involving actual or 1056 
threatened domestic violence, dating violence, sexual violence , 1057 
or stalking, in which the tenant or the tenant's minor child is 1058 
a victim and not the perpetrator, is a breach of the rental 1059 
agreement. 1060 
 (3)(a)  If a tenant or a tenant's minor child is a victim 1061 
of actual or threatened domestic violence, dating violence, 1062 
sexual violence, or stalking during the term of a rental 1063 
agreement, the tenant may, without penalty, terminate the rental 1064 
agreement at any time by providing the landlord with written 1065 
notice of the tenant's intent to terminate the rental agreement 1066 
and to vacate the premises because of such incident. The 1067 
termination of the rental agreement is effective immediately 1068 
upon delivery of the written notice and documentation specified 1069 
in paragraph (b), if applicable, to the landlord. 1070 
 (b)  Unless the landlord notifie s the tenant that 1071 
documentation is not needed, a notice of termination from the 1072 
tenant required under paragraph (a) must be accompanied by 1073 
documentation verifying the tenant's or the tenant's minor 1074 
child's status as a victim of actual or threatened domesti c 1075     
 
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violence, dating violence, sexual violence, or stalking, which 1076 
may include: 1077 
 1.  A copy of an injunction for protection against domestic 1078 
violence, dating violence, sexual violence, or stalking issued 1079 
to the tenant as the victim or as parent of a minor vi ctim; 1080 
 2.  A copy of an order of no contact or a criminal 1081 
conviction entered by a court in a criminal case in which the 1082 
defendant was charged with a crime relating to domestic 1083 
violence, dating violence, sexual violence, or stalking against 1084 
the tenant or the tenant's minor child; 1085 
 3.  A written verification from a domestic violence center 1086 
certified under chapter 39 or a rape crisis center as defined in 1087 
s. 794.055(2) which states that the tenant or the tenant's minor 1088 
child is a victim of actual or threatened domestic violence, 1089 
dating violence, sexual violence, or stalking; or 1090 
 4.  A copy of a law enforcement report documenting an 1091 
incident of actual or threatened domestic violence, dating 1092 
violence, sexual violence, or stalking against the tenant or the 1093 
tenant's minor child. 1094 
 (c)  A notice of termination from the tenant required under 1095 
paragraph (a) must be provided by certified mail or hand 1096 
delivery to the landlord, a person authorized to receive notices 1097 
on behalf of the landlord under s. 83.50, a resident manage r, or 1098 
the person or entity that collects the rent on behalf of the 1099 
landlord. 1100     
 
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 (d)  If a rental agreement with a specific duration is 1101 
terminated by a tenant under this subsection less than 30 days 1102 
before the end of the rental agreement, the tenant is liable for 1103 
the rent for the remaining period of the rental agreement. If a 1104 
rental agreement with a specific duration is terminated by a 1105 
tenant under this subsection 30 or more days before the end of 1106 
the rental agreement, the tenant is liable for prorated rent fo r 1107 
a period of 30 days immediately following delivery of the notice 1108 
of termination. After compliance with this paragraph, the tenant 1109 
is released from any further obligation to pay rent, 1110 
concessions, damages, fees, or penalties, and the landlord is 1111 
not entitled to the remedies provided in s. 83.595. 1112 
 (e)  If a rental agreement is terminated by a tenant under 1113 
this subsection, the landlord must comply with s. 83.49(3). A 1114 
tenant who terminates a rental agreement under this subsection 1115 
does not forfeit any deposit money or advance rent paid to the 1116 
landlord. 1117 
 (f)  This subsection does not affect a tenant's liability 1118 
for unpaid rent or other amounts owed to the landlord before the 1119 
termination of the rental agreement under this subsection. 1120 
 (g)  If the perpetrator of actual or threatened domestic 1121 
violence, dating violence, sexual violence, or stalking is also 1122 
a tenant under the same rental agreement as the tenant who is a 1123 
victim, or whose minor child is a victim, of such actual or 1124 
threatened violence or stalking, neith er the perpetrator's 1125     
 
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liability for rent nor his or her other obligations under the 1126 
rental agreement are terminated under this subsection, and the 1127 
landlord is entitled to the rights and remedies provided by this 1128 
part against the perpetrator. 1129 
 (4)(a)  A tenant or a tenant's minor child who is a victim 1130 
of actual or threatened domestic violence, dating violence, 1131 
sexual violence, or stalking and who wishes to remain in the 1132 
dwelling unit may make a written request to the landlord 1133 
accompanied by any one of the doc uments listed in paragraph 1134 
(3)(b), and the landlord shall, within 24 hours after receipt of 1135 
the request, change the locks of the tenant's dwelling unit and 1136 
provide the tenant with a key to the new locks. 1137 
 (b)  If the landlord fails to change the locks with in 24 1138 
hours, the tenant may change the locks without the landlord's 1139 
permission, notwithstanding any contrary provision in the rental 1140 
agreement or other applicable rules or regulations imposed by 1141 
the landlord, if all of the following conditions have been me t: 1142 
 1.  The locks are changed in like manner as if the landlord 1143 
had changed the locks, with locks of similar or better quality 1144 
than the original locks. 1145 
 2.  The landlord is notified within 24 hours after the 1146 
changing of the locks. 1147 
 3.  The landlord is provided a key to the new locks within 1148 
a reasonable time. 1149 
 (c)  If the locks are changed under this subsection, the 1150     
 
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landlord is not liable to any person who does not have access to 1151 
the dwelling unit. 1152 
 (5)  A landlord may not refuse to enter into a rental 1153 
agreement for a dwelling unit, refuse to negotiate for the 1154 
rental of a dwelling unit, make a dwelling unit unavailable, or 1155 
retaliate in the rental of a dwelling unit because: 1156 
 (a)  The tenant, prospective tenant, or minor child of the 1157 
tenant or prospective tenant is a victim of actual or threatened 1158 
domestic violence, dating violence, sexual violence, or 1159 
stalking; or 1160 
 (b)  The tenant or prospective tenant has previously 1161 
terminated a rental agreement because of an incident involving 1162 
actual or threatened domest ic violence, dating violence, sexual 1163 
violence, or stalking in which the tenant, prospective tenant, 1164 
or minor child of the tenant or prospective tenant was a victim. 1165 
 1166 
However, the landlord may refuse to enter into a rental 1167 
agreement, negotiate for the renta l of a dwelling unit, or make 1168 
a dwelling unit available if the tenant or prospective tenant 1169 
fails to comply with the landlord's request for documentation of 1170 
an incident of actual or threatened domestic violence, dating 1171 
violence, sexual violence, or stalkin g that occurred before 1172 
termination of a prior rental agreement. A landlord's request 1173 
for documentation is satisfied upon the tenant's or prospective 1174 
tenant's provision of any one of the documents listed in 1175     
 
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paragraph (3)(b). 1176 
 (6)  All information provided t o a landlord under 1177 
subsections (3), (4), and (5), including the fact that a tenant, 1178 
prospective tenant, or a tenant's or prospective tenant's minor 1179 
child is or was a victim of actual or threatened domestic 1180 
violence, dating violence, sexual violence, or sta lking, and 1181 
including the tenant's forwarding address, is confidential. The 1182 
landlord may not enter such information into any shared database 1183 
or provide the information to any other person or entity, except 1184 
to the extent such disclosure is: 1185 
 (a)  Made to a person specified in paragraph (3)(c) solely 1186 
for a legitimate business purpose; 1187 
 (b)  Requested, or consented to, in writing by the tenant 1188 
or the tenant's legal guardian; 1189 
 (c)  Required for use in a judicial proceeding; or 1190 
 (d)  Otherwise required by law. 1191 
 (7)  A tenant or prospective tenant, on his or her own 1192 
behalf or on behalf of his or her minor child, may file a civil 1193 
action against a landlord for a violation of this section. A 1194 
landlord who violates subsection (5) or subsection (6) is 1195 
civilly liable to the victim for $1,000 for punitive damages, 1196 
actual and consequential damages, and court costs, including 1197 
reasonable attorney fees, unless the landlord can show that this 1198 
was the landlord's first violation and the violation was not 1199 
committed in bad faith. Su bsequent or repeated violations that 1200     
 
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are not contemporaneous with the initial violation are subject 1201 
to separate awards of damages. 1202 
 (8)  The provisions of this section may not be waived or 1203 
modified by a rental agreement. 1204 
 Section 18.  Section 83.685, Flo rida Statutes, is created 1205 
to read: 1206 
 83.685  Conversion of single -family homes to rental 1207 
property; ownership quotas prohibited. — 1208 
 (1)  A person may not purchase a single -family home for a 1209 
purpose other than residential use if the person owns 100 or 1210 
more single-family homes that are used primarily for rental 1211 
purposes. 1212 
 (2)(a)  The Attorney General may conduct civil 1213 
investigations and bring civil actions pursuant to this 1214 
subsection. In an action brought by the Attorney General 1215 
pursuant to this subsection, the court may award or impose any 1216 
relief available under this subsection. 1217 
 (b)  A person aggrieved by a violation of this section may 1218 
bring an action in the circuit court against a person who 1219 
acquires a single-family home in violation of this section. A 1220 
court may impose civil penalties on a person that violates this 1221 
section not to exceed $100 per day for each single -family home 1222 
acquired in violation of this section and may award to a 1223 
plaintiff that prevails in an action brought pursuant to this 1224 
subsection one or more of the following remedies: 1225     
 
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 1.  Equitable relief. 1226 
 2.  Damages. 1227 
 3.  Costs and fees, including reasonable attorney fees. 1228 
 4.  Exemplary damages in an amount equal to $50,000 or 1229 
three times the total of damages, costs, and fees, whichever is 1230 
greater. 1231 
 (c)  A court may award to a defendant who prevails in an 1232 
action brought pursuant to this subsection costs and fees, 1233 
including reasonable attorney fees, if the court finds the 1234 
action was not well grounded in fact and warranted by existing 1235 
law or was interposed for any improper purpose, such as to 1236 
harass or to cause unnecessary delay or needless increase in the 1237 
cost of litigation. 1238 
 (d)  In an action arising under paragraph (a) or paragraph 1239 
(b), the court shall grant a motion by the Attorney General or a 1240 
person aggrieved under this section for joinder of any affiliate 1241 
of a defendant named in the litigation for purposes of: 1242 
 1.  Ensuring a proper accounting regarding the total number 1243 
of single-family homes owned by the named defendant and any 1244 
affiliates. 1245 
 2.  Authorizing proper enforcement, remedies, and damages. 1246 
 (e)  If a party is unable to pay an amount awarded by the 1247 
court pursuant to paragraph (b), the court may find any 1248 
interested party joined pursuant to paragraph (d) jointly and 1249 
severally liable for vio lation of this section and make the 1250     
 
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award recoverable against any or all of the joined interested 1251 
parties. 1252 
 (f)  This subsection does not limit rights and remedies 1253 
available to this state or to any person under any other law and 1254 
does not alter or restrict the Attorney General's authority 1255 
under this section with regard to conduct involving assertions 1256 
of violations of this section. 1257 
 (3)  For purposes of this section, the term: 1258 
 (a)  "Affiliate" means a person, other than an individual, 1259 
which wholly or substan tially owns, is wholly or substantially 1260 
owned by, or is under common ownership with another person. 1261 
 (b)  "Person" means a fiduciary, a firm, an association, a 1262 
partnership, a limited liability company, a corporation, or any 1263 
other business entity or group a cting as a unit. The term 1264 
includes an officer or employee of a corporation; a member, a 1265 
manager, or an employee of a limited liability company; and a 1266 
member or an employee of a partnership who, as officer, 1267 
employee, member, or manager, acts on behalf of th e business 1268 
entity with whom they are associated or an affiliate of that 1269 
business entity. The term does not include a governmental 1270 
entity. 1271 
 Section 19.  Subsection (14) is added to section 163.31801, 1272 
Florida Statutes, to read: 1273 
 163.31801  Impact fees; sho rt title; intent; minimum 1274 
requirements; audits; challenges. — 1275     
 
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 (14)  A local government may adopt by ordinance or a 1276 
special district may adopt by resolution an impact fee that is 1277 
charged to a developer when residents are displaced from their 1278 
homes due to gentrification by the developer. The revenue 1279 
generated from the impact fee must be used for affordable 1280 
housing in the county, municipality, or special district that 1281 
adopted such impact fee. 1282 
 Section 20.  Section 166.0452, Florida Statutes, is created 1283 
to read: 1284 
 166.0452  Community Land Bank Program. — 1285 
 (1)  For purposes of this section, the term: 1286 
 (a)  "Affordable" has the same meaning as in s. 420.0004. 1287 
 (b)  "Community housing development organization" has the 1288 
same meaning as in s. 420.503. 1289 
 (c)  "Community land bank plan" or "plan" means a plan 1290 
adopted by the governing body of a municipality to implement a 1291 
community land bank program. 1292 
 (d)  "Community land bank program" or "program" means the 1293 
program created by a governing body of a municipality under this 1294 
section. 1295 
 (e)  "Land bank" means an entity established or approved by 1296 
the governing body of a municipality for the purpose of 1297 
acquiring, holding, and transferring unimproved real property 1298 
under this section. 1299 
 (f)  "Low-income household" has the same meanin g as in s. 1300     
 
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420.9071. 1301 
 (g)  "Qualified organization" means a community housing 1302 
development organization that meets all of the following 1303 
criteria: 1304 
 1.  Contains within its designated geographical boundaries 1305 
of operation, as set forth in its application for certification 1306 
filed with and approved by the municipality, a portion of the 1307 
property that a land bank is offering for sale. 1308 
 2.  Has built at least three single -family homes or 1309 
duplexes or one multifamily residential dwelling of four or more 1310 
housing units in compliance with all applicable building codes 1311 
within the preceding 2 -year period and within its designated 1312 
geographical boundaries of operation. 1313 
 3.  Has developed or rehabilitated housing units within the 1314 
preceding 3-year period that are within a 2 -mile radius of the 1315 
property that a land bank is offering for sale. 1316 
 (h)  "Qualified participating developer" means a developer 1317 
that meets all of the following criteria: 1318 
 1.  Has developed three or more housing units within the 3 -1319 
year period preceding its subm ission of a proposal to the land 1320 
bank seeking to acquire real property from a land bank. 1321 
 2.  Has a development plan approved by the governing body 1322 
of the municipality for the property acquired from a land bank. 1323 
 3.  Any other requirements adopted by the governing body of 1324 
the municipality in its community land bank plan. 1325     
 
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 1326 
The term includes a qualified organization. 1327 
 (i)  "Very-low-income household" has the same meaning as in 1328 
s. 420.9071. 1329 
 (2)  The governing body of a municipality may create a 1330 
community land bank program in which the person charged with 1331 
selling real property pursuant to a foreclosure judgment may 1332 
sell certain eligible real property by private sale for purposes 1333 
of affordable housing developments. The governing body of a 1334 
municipality that adop ts a community land bank program shall 1335 
establish or approve a land bank for the purpose of acquiring, 1336 
holding, and transferring unimproved real property under this 1337 
section. 1338 
 (3)(a)  The governing body of a municipality that creates a 1339 
community land bank pr ogram shall operate the program in 1340 
conformance with a community land bank plan that the 1341 
municipality adopts annually. The plan may be amended as needed. 1342 
 (b)  In developing the plan, the governing body of a 1343 
municipality shall consider other housing plans a dopted by the 1344 
governing body, including the comprehensive plan submitted to 1345 
the United States Department of Housing and Urban Development 1346 
and all fair housing plans and policies adopted or agreed to by 1347 
the governing body. 1348 
 (c)  The plan must include, at a minimum, all of the 1349 
following: 1350     
 
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 1.  A list of community housing development organizations 1351 
eligible to participate in the right of first refusal under 1352 
subsection (6). The plan must also include the time period 1353 
during which the right of first refusal may be exercised, which 1354 
time period must be at least 9 months but not more than 26 1355 
months after the date of the deed of conveyance of the property 1356 
to the land bank. 1357 
 2.  A right of first refusal for any other nonprofit 1358 
corporation exempted from federal income tax under s. 501(c)(3) 1359 
of the United States Internal Revenue Code if the preeminent 1360 
right of first refusal is provided to qualified organizations as 1361 
provided in subsection (6). 1362 
 3.  A list of the parcels of real property that may be 1363 
eligible for sale to the l and bank during the next year. 1364 
 4.  The municipality's plan for the development of 1365 
affordable housing on those parcels of real property. 1366 
 5.  The sources and amounts of money the municipality 1367 
anticipates to be available for subsidies for the development of 1368 
affordable housing in the municipality, including any money 1369 
specifically available for housing developed under the program, 1370 
as approved by the governing body of the municipality at the 1371 
time the plan is adopted. 1372 
 6.  The amount of additional time, if any, that a property 1373 
may be held in the land bank once an offer has been received 1374 
from a qualified participating developer and accepted by the 1375     
 
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land bank. 1376 
 (4)(a)  Before the adoption of a plan, the governing body 1377 
of a municipality must hold a public hearing on the proposed 1378 
plan. 1379 
 (b)  The city manager or his or her designee must provide 1380 
notice of the public hearing to all community housing 1381 
development organizations and to the neighborhood associations 1382 
identified by the governing body of the municipality as servi ng 1383 
the neighborhoods in which properties anticipated to be 1384 
available for sale to the land bank under this section are 1385 
located. 1386 
 (c)  The city manager or his or her designee must make 1387 
copies of the proposed plan available to the public at least 60 1388 
days before the date of the public hearing. 1389 
 (5)(a)  Except as provided in paragraph (f), property that 1390 
is ordered sold pursuant to a foreclosure judgment may be sold 1391 
in a private sale to a land bank by the person charged with the 1392 
sale of the property without first offering the property for 1393 
sale as otherwise provided in chapter 45 if all of the following 1394 
apply: 1395 
 1.  The market value of the property as specified in the 1396 
judgment of foreclosure is less than the total amount due under 1397 
the judgment, including all taxes, penalties, and interest, plus 1398 
the value of nontax liens held by a taxing unit and awarded by 1399 
the judgment, court costs, and the cost of the sale. 1400     
 
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 2.  The property is not improved with a building or 1401 
buildings. 1402 
 3.  There are delinquent taxes on the propert y for a total 1403 
of at least 5 years. 1404 
 4.  The governing body of the municipality has executed an 1405 
interlocal agreement with the other taxing units that are 1406 
parties to the foreclosure proceeding which enables those taxing 1407 
units to agree to participate in the p rogram while retaining the 1408 
right to withhold consent to the sale of the specific properties 1409 
to the land bank. 1410 
 (b)  A sale of property for use in connection with the 1411 
program is a sale for a public purpose. 1412 
 (c)  If the person being sued in a foreclosure pr oceeding 1413 
does not contest the market value of the property in the 1414 
proceeding, the person waives the right to challenge the amount 1415 
of the market value determined by the court for purposes of the 1416 
sale of the property under s. 45.031. 1417 
 (d)  For any sale of pr operty under this section, the 1418 
person charged with the sale of the property must provide each 1419 
person who was a defendant to the judgment, or that person's 1420 
attorney, written notice at least 90 days before the date of the 1421 
proposed sale of the property. Such notice must be given in 1422 
accordance with the Florida Rules of Civil Procedure. 1423 
 (e)  After receipt of the notice required under paragraph 1424 
(d) and before the date of the proposed sale, the owner of the 1425     
 
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property subject to the sale may file with the person ch arged 1426 
with the sale a written request that the property not be sold in 1427 
the manner provided under this section. 1428 
 (f)  If the person charged with the sale receives a written 1429 
request as provided in paragraph (e), the person must sell the 1430 
property as otherwise provided in chapter 45. 1431 
 (g)  The owner of the property subject to the sale may not 1432 
receive any proceeds of a sale under this section and does not 1433 
have any personal liability for a deficiency of the judgment as 1434 
a result of a sale under this section. 1435 
 (h)  If consent is given by the taxing units that are a 1436 
party to the judgment, property may be sold to a land bank for 1437 
less than the market value of the property as specified in the 1438 
judgment or less than the total of all taxes, penalties, and 1439 
interest, plus the value of nontax liens held by a taxing unit 1440 
and awarded by the judgment, court costs, and the cost of the 1441 
sale. 1442 
 (i)  The deed of conveyance of the property sold to a land 1443 
bank under this section conveys to the land bank the right, 1444 
title, and interest in the property acquired or held by each 1445 
taxing unit that was a party to the judgment, subject to the 1446 
right of redemption. 1447 
 (6)  After receiving the deed of conveyance of the 1448 
property, a land bank must first offer the property for sale to 1449 
qualified organizations. 1450     
 
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 (a)  A land bank must provide notice to qualified 1451 
organizations by certified mail, return receipt requested, at 1452 
least 60 days before the beginning of the time period in which a 1453 
right of first refusal may be exercised according to a 1454 
municipality's community land bank plan. 1455 
 (b)  If a land bank conveys the property to a qualified 1456 
organization before the expiration of the time period specified 1457 
by the community land bank plan, the interlocal agreement 1458 
executed under subparagraph (5)(a)4. must provide tax abatement 1459 
for the property until the expiration of the time period. 1460 
 (c)  During the right of first refusal time period, a land 1461 
bank may not sell the property to a qualified participating 1462 
developer other than a qualified organization. If all qualified 1463 
organizations notify the land bank that they are declining to 1464 
exercise their right of first refusal during the applicable time 1465 
period, the land bank may sell the property to any other 1466 
qualified participating developer at the same price that the 1467 
land bank offered the property to the qualified organizations. 1468 
 (d)  If more than one qualified organization expresses an 1469 
interest in exercising its right of first refusal, the 1470 
organization that has the most geographically compact area 1471 
encompassing a portion of the prop erty as designated it its 1472 
application for certification is given priority. 1473 
 (e)  A land bank is not required to provide a right of 1474 
first refusal to qualified organizations under this section if 1475     
 
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the land bank is selling property that reverted to the land ba nk 1476 
as provided under subsection (7). 1477 
 (7)  Each subsequent resale of property acquired by a land 1478 
bank under this section must comply with the conditions of this 1479 
subsection. 1480 
 (a)  A land bank must sell a property to a qualified 1481 
participating developer withi n 3 years after receiving the deed 1482 
of conveyance of the property for the purpose of construction of 1483 
affordable housing for sale or rent to low -income households or 1484 
very-low-income households. If the land bank has not sold the 1485 
property within those 3 years, the property must be transferred 1486 
from the land bank back to the taxing units that were parties to 1487 
the foreclosure judgment for disposition as otherwise allowed 1488 
under law. 1489 
 (b)  The number of properties acquired by a qualified 1490 
participating developer under this section on which development 1491 
has not been completed may not at any time exceed three times 1492 
the annual average residential production completed by the 1493 
qualified participating developer during the preceding 2 -year 1494 
period, as determined by the governing body of the municipality. 1495 
In its community land bank plan, the governing body of the 1496 
municipality may increase the number of properties a qualified 1497 
participating developer may acquire. 1498 
 (c)  The deed conveying a property sold by a land bank must 1499 
include a right of reverter so that, if the qualified 1500     
 
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participating developer does not apply for a construction permit 1501 
and close on any construction financing within 2 years after the 1502 
date of the conveyance of the property from the land bank to the 1503 
qualified participating developer, the property reverts to the 1504 
land bank for subsequent resale to another qualified 1505 
participating developer or conveyance to the taxing units as 1506 
required under paragraph (a). 1507 
 (d)  The proceeds from sales under this section must be 1508 
reinvested back into the community land bank program. 1509 
 (8)(a)  A land bank must impose deed restrictions on 1510 
property sold to qualified participating developers requiring 1511 
the development and sale or rental of the property to low -income 1512 
households and very-low-income households. 1513 
 (b)  At least 25 percent of a land bank's properties sold 1514 
during any given fiscal year to be developed for sale must be 1515 
deed restricted for sale to households whose total annual 1516 
household income does not exceed 60 percent of the area median 1517 
income, adjusted for household size, for the metropolitan 1518 
statistical area in which the municipality is located, as 1519 
determined annually by the United States Department of Housing 1520 
and Urban Development. 1521 
 (c)1.  If the property sold is to be developed for re ntal 1522 
units, the deed restrictions must last for at least 20 years and 1523 
prohibit the exclusion of a person or family from admission to 1524 
the development based solely on the participation of the person 1525     
 
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or family in the Housing Choice Voucher Program under s. 8 of 1526 
the United States Housing Act of 1937, as amended. Additionally, 1527 
the deed restrictions must require: 1528 
 a.  That 100 percent of the rental units be occupied by and 1529 
affordable to households whose total annual household income 1530 
does not exceed 60 percent of the area median income, adjusted 1531 
for household size, for the metropolitan statistical area in 1532 
which the municipality is located, as determined annually by the 1533 
United States Department of Housing and Urban Development; 1534 
 b.  That 40 percent of the rental uni ts be occupied by and 1535 
affordable to households whose total annual household income 1536 
does not exceed 50 percent of the area median income, adjusted 1537 
for household size, for the metropolitan statistical area in 1538 
which the municipality is located, as determined annually by the 1539 
United States Department of Housing and Urban Development; or 1540 
 c.  That 20 percent of the rental units be occupied by and 1541 
affordable to households whose total annual household income 1542 
does not exceed 30 percent of the area median income, adj usted 1543 
for household size, for the metropolitan statistical area in 1544 
which the municipality is located, as determined annually by the 1545 
United States Department of Housing and Urban Development. 1546 
 2.  The owner of a development with deed restrictions 1547 
required under this paragraph must file an annual occupancy 1548 
report with the municipality on a form adopted by the governing 1549 
body of the municipality. 1550     
 
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 (d)  Except as otherwise provided in this section, if the 1551 
deed restrictions imposed under this subsection are for a number 1552 
of years, the deed restrictions must renew automatically. 1553 
 (e)  A land bank or the governing body of a municipality 1554 
may modify or add to the deed restrictions imposed under this 1555 
subsection. Any modifications or additions made by the governing 1556 
body of the municipality must be adopted by the governing body 1557 
as part of its community land bank plan and must comply with the 1558 
restrictions in this subsection. 1559 
 (9)(a)  A land bank must keep accurate minutes of its 1560 
meetings and accurate records and books of ac count that conform 1561 
with generally accepted principles of accounting and that 1562 
clearly reflect the income and expenses of the land bank and all 1563 
transactions in relation to its property. 1564 
 (b)  A land bank must maintain in its records for 1565 
inspection a copy of the sale settlement statement for each 1566 
property sold by a qualified participating developer and a copy 1567 
of the first page of the mortgage note with the interest rate 1568 
and indicating the volume and page number of the instrument as 1569 
filed with the county clerk. 1570 
 (c)  Within 90 days after the close of its fiscal year, a 1571 
land bank must file with the municipality an annual audited 1572 
financial statement prepared by a certified public accountant. 1573 
The financial transactions of the land bank are subject to audit 1574 
by the municipality. 1575     
 
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 (d)  For purposes of evaluating the effectiveness of the 1576 
program, a land bank must submit an annual performance report to 1577 
the municipality by November 1 of each year in which the land 1578 
bank acquires or sells property under this section. The 1579 
performance report must include all of the following: 1580 
 1.  A complete and detailed written accounting of all money 1581 
and properties received and disbursed by the land bank during 1582 
the preceding fiscal year. 1583 
 2.  For each property acquired by the land bank durin g the 1584 
preceding fiscal year: 1585 
 a.  The street address of the property. 1586 
 b.  The legal description of the property. 1587 
 c.  The date on which the land bank took title to the 1588 
property. 1589 
 d.  The full name and street address of the property owner 1590 
of record at the time of the foreclosure proceeding. 1591 
 3.  For each property sold by the land bank to a qualified 1592 
participating developer during the preceding fiscal year: 1593 
 a.  The street address of the property. 1594 
 b.  The legal description of the property. 1595 
 c.  The full name and mailing address of the developer. 1596 
 d.  The purchase price paid by the developer. 1597 
 e.  The maximum incomes allowed for the households by the 1598 
terms of the sale. 1599 
 f.  The source and amount of any public subsidy provided by 1600     
 
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the municipality to facilitate the sale or rental of the 1601 
property to a household within the targeted income range. 1602 
 4.  For each property sold by a qualified participating 1603 
developer during the preceding fiscal year, the buyer's 1604 
household income and a description of all use and sale 1605 
restrictions. 1606 
 5.  For each property developed for rental units with an 1607 
active deed restriction, a copy of the most recent annual report 1608 
filed by the owner of the land bank. 1609 
 (e)  A land bank must provide copies of the performance 1610 
report to the taxing units t hat were parties to the judgment of 1611 
foreclosure and provide notice of the availability of the 1612 
performance report for review to the organizations and 1613 
neighborhood associations identified by the governing body of 1614 
the municipality as serving the neighborhoods in which 1615 
properties sold to the land bank under this section are located. 1616 
 (f)  The land bank and municipality must maintain copies of 1617 
all performance reports and make such reports available for 1618 
public review. 1619 
 (10)  This section does not apply to propert y acquired 1620 
through an eminent domain action. 1621 
 Section 21.  Subsection (1) of section 196.061, Florida 1622 
Statutes, is amended to read: 1623 
 196.061  Rental of homestead to constitute abandonment. — 1624 
 (1)(a)  Except as provided in paragraph (b), the rental of 1625     
 
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all or substantially all of a dwelling previously claimed to be 1626 
a homestead for tax purposes shall constitute the abandonment of 1627 
such dwelling as a homestead, and the abandonment continues 1628 
until the dwelling is physically occupied by the owner. However, 1629 
such abandonment of the homestead after January 1 of any year 1630 
does not affect the homestead exemption for tax purposes for 1631 
that particular year unless the property is rented for more than 1632 
30 days per calendar year for 2 consecutive years. 1633 
 (b)  The rental of any portion of a dwelling previously 1634 
claimed to be a homestead for tax purposes does not constitute 1635 
abandonment if the owner resides on the property. 1636 
 Section 22.  Section 201.025, Florida Statutes, is created 1637 
to read: 1638 
 201.025  Tax on deeds relating to res idential property 1639 
purchased by private equity firms. — 1640 
 (1)  When a deed, an instrument, or any other writing for a 1641 
residential single-family dwelling, a manufactured home, or an 1642 
apartment complex is granted, assigned, transferred, or 1643 
otherwise conveyed to a purchaser that is a private equity firm 1644 
or corporation that has at least $20 million in assets, the tax 1645 
is $100 on each $100 of the consideration. 1646 
 (2)  All documentary stamp tax revenues generated under 1647 
this section must be deposited into the Florida Af fordable 1648 
Housing Trust Fund. 1649 
 (3)  Taxes imposed by this section do not apply to an 1650     
 
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assignment, a deed, a transfer, a conveyance, or any other 1651 
disposition that arises out of a transfer of real property if 1652 
the purchaser is: 1653 
 (a)  A nonprofit organization as defined in s. 201.02(6). 1654 
 (b)  A government entity as defined in s. 768.295(2). 1655 
 (c)  A person purchasing such real property pursuant to a 1656 
government program to provide housing to low -income persons as 1657 
defined in s. 420.0004(11). 1658 
 Section 23.  Section 2 20.1851, Florida Statutes, is created 1659 
to read: 1660 
 220.1851  Retail-to-residence tax credit. — 1661 
 (1)  As used in this section, the term: 1662 
 (a)  "Credit period" means the period of 5 years beginning 1663 
with the year a project is completed. 1664 
 (b)  "Designated project" means a qualified project 1665 
designated pursuant to s. 420.50931 to receive the tax credit 1666 
under this section. 1667 
 (c)  "Qualified project" means a project to redevelop a 1668 
structure that was originally developed as a shopping center to 1669 
provide appropriate and af fordable workforce housing. 1670 
 (d)  "Shopping center" means an area designed to provide 1671 
space for multiple storefronts within a single building or 1672 
sharing a common parking lot. 1673 
 (2)(a)  There shall be allowed a tax credit of up to 9 1674 
percent, but no more than necessary to make the project 1675     
 
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feasible, of the total cost of a designated project for each 1676 
year of the credit period against any tax due for a taxable year 1677 
under this chapter. 1678 
 (b)  The tax credit shall be allocated among designated 1679 
projects by the Florid a Housing Finance Corporation as provided 1680 
in s. 420.50931. 1681 
 (c)  A tax credit allocated to a designated project may be 1682 
subject to transfer by the recipient. Such transferred credits 1683 
may not be transferred again. The department shall adopt rules 1684 
necessary to administer this paragraph. 1685 
 Section 24.  Section 420.50931, Florida Statutes, is 1686 
created to read: 1687 
 420.50931  Retail-to-residence Tax Credit Program. — 1688 
 (1)  There is created the Retail -to-residence Tax Credit 1689 
Program for the purpose of redeveloping sho pping centers into 1690 
appropriate and affordable workforce housing. 1691 
 (2)  The corporation shall determine those qualified 1692 
projects, as defined in s. 220.1851(1), which shall be 1693 
considered designated projects under s. 220.1851 and eligible 1694 
for the corporate ta x credit under that section. The corporation 1695 
shall establish procedures necessary for proper allocation and 1696 
distribution of tax credits, including the establishment of 1697 
criteria for ensuring that the housing is appropriate and 1698 
affordable for the workers of the state, and may exercise all 1699 
powers necessary to administer the allocation of such credits. 1700     
 
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The board of directors of the corporation shall administer the 1701 
allocation procedures and determine allocations on behalf of the 1702 
corporation. The corporation shal l prepare an annual plan, which 1703 
must be approved by the Governor, containing general guidelines 1704 
for the allocation of tax credits to designated projects. 1705 
 (3)  The corporation shall adopt allocation procedures to 1706 
ensure that tax credits are used in a fair manner, taking into 1707 
consideration the timeliness of the application, the location of 1708 
the proposed project, the relative need in the area for 1709 
appropriate and affordable workforce housing and the 1710 
availability of such housing, the economic feasibility of the 1711 
proposed project, and the ability of the applicant to complete 1712 
the proposed project in the calendar year for which the tax 1713 
credit is sought. 1714 
 (4)(a)  A taxpayer who wishes to participate in the Retail -1715 
to-residence Tax Credit Program must submit an applicat ion for 1716 
tax credit to the corporation. The application must identify the 1717 
proposed project and the location of the proposed project and 1718 
include evidence that the proposed project is a qualified 1719 
project as defined in s. 220.1851(1). The corporation may 1720 
request any information from an applicant necessary to enable 1721 
the corporation to allocate tax credits pursuant to the 1722 
procedures adopted under subsection (3). 1723 
 (b)  The corporation's approval of an application for a 1724 
project must be in writing and include a stat ement of the 1725     
 
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maximum tax credit that may be granted to the applicant. 1726 
 Section 25.  Section 420.5098, Florida Statutes, is created 1727 
to read: 1728 
 420.5098  Affordable Housing Construction Loan Program. — 1729 
 (1)  The Affordable Housing Construction Loan Program i s 1730 
created to encourage the new construction of affordable homes 1731 
for purchase by low-income to moderate-income homebuyers by 1732 
providing a revolving line of construction funding. 1733 
 (2)  The corporation may provide loans under the program to 1734 
applicants for construction of affordable housing. Applicants 1735 
may draw from the loan up to five times per home. All homes must 1736 
meet the requirements of the Florida Building Code or, if more 1737 
stringent, local amendments to the Florida Building Code. 1738 
 (3)  Qualified homebuyers of homes built under this program 1739 
must be first-time homebuyers who earn no more than 120 percent 1740 
of the area median income. 1741 
 (4)  The corporation shall develop a loan application 1742 
process for the program. 1743 
 (5)  The corporation may adopt rules pursuant to s s. 1744 
120.536(1) and 120.54 to implement this section. 1745 
 Section 26. This act shall take effect July 1, 2025. 1746