Florida 2025 2025 Regular Session

Florida Senate Bill S1592 Introduced / Bill

Filed 02/27/2025

 Florida Senate - 2025 SB 1592  By Senator Davis 5-00355A-25 20251592__ 1 A bill to be entitled 2 An act relating to housing; providing a short title; 3 creating s. 20.71, F.S.; creating the Department of 4 Housing and Tenant Rights; requiring the secretary, 5 the head of the department, to be appointed by the 6 Governor and confirmed by the Senate; providing duties 7 of the secretary; providing the purpose of the 8 department; requiring that a report on the 9 implementation of an empty homes tax be provided to 10 the Governor and Legislature by a specified date; 11 providing government reorganization for certain 12 chapters of law; amending s. 83.43, F.S.; revising the 13 definitions of the terms rent and tenant; creating 14 s. 83.455, F.S.; providing requirements for rental 15 agreements; requiring that rental agreements include 16 certain information; amending s. 83.46, F.S.; 17 providing requirements relating to a written notice of 18 a planned rent increase provided to tenants; amending 19 s. 83.47, F.S.; providing that certain provisions in a 20 rental agreement are void and unenforceable; amending 21 s. 83.49, F.S.; providing requirements relating to 22 security deposits; deleting the option for a landlord 23 to deposit certain money into a non-interest-bearing 24 account; revising written notice requirements to 25 tenants; providing for damages if a landlord fails to 26 meet certain requirements; creating s. 83.495, F.S.; 27 providing a short title; prohibiting landlords from 28 requiring prospective tenants to pay certain fees; 29 providing construction; amending s. 83.51, F.S.; 30 requiring a landlord to inspect a dwelling unit at a 31 specified time to ensure compliance with applicable 32 codes; amending s. 83.54, F.S.; requiring that certain 33 records be removed from a tenants credit report under 34 certain circumstances; amending s. 83.56, F.S.; 35 revising and specifying grounds for termination of a 36 rental agreement; requiring landlords to provide 37 certain tenants a specified amount of time to vacate 38 the premises before bringing a specified action; 39 amending s. 83.60, F.S.; deleting a requirement that 40 certain money be paid into the registry of the court; 41 creating s. 83.626, F.S.; authorizing tenants, mobile 42 home owners, mobile home tenants, and mobile home 43 occupants who are defendants in certain eviction 44 proceedings to file a motion with the court to have 45 the records of such proceedings sealed and to have 46 their names substituted on the progress docket under 47 certain conditions; requiring the court to grant such 48 motions without a hearing if certain requirements are 49 met; authorizing that such relief be granted only 50 once; requiring tenants, mobile home owners, mobile 51 home tenants, or mobile home occupants to submit a 52 specified sworn statement; requiring the court to 53 substitute a defendants name on the progress docket 54 under certain circumstances; prohibiting certain 55 defendants from being eligible for such relief; 56 providing for retroactive applicability; amending s. 57 83.63, F.S.; conforming a cross-reference; amending s. 58 83.67, F.S.; prohibiting a landlord from engaging in 59 certain conduct; defining terms; creating s. 83.675, 60 F.S.; defining terms; requiring a landlord to give 61 tenants the opportunity to purchase the dwelling unit 62 or premises under certain circumstances; providing 63 requirements for an offer of sale; authorizing a 64 tenant to challenge an offer of sale; creating s. 65 83.676, F.S.; defining terms; prohibiting a landlord 66 from evicting a tenant or terminating a rental 67 agreement because the tenant or the tenants minor 68 child is a victim of actual or threatened domestic 69 violence, dating violence, sexual violence, or 70 stalking; specifying that a rental agreement may not 71 include certain provisions; authorizing a victim of 72 such actual or threatened violence or stalking to 73 terminate a rental agreement under certain 74 circumstances; requiring that certain documentation 75 and written notice be provided to the landlord; 76 providing for liability for unpaid rent for the tenant 77 and the perpetrator, if applicable; specifying that a 78 tenant does not forfeit certain money paid to the 79 landlord for terminating the rental agreement under 80 certain circumstances; requiring a landlord to change 81 the locks of the dwelling unit within a specified time 82 period under certain circumstances; authorizing the 83 tenant to change the locks under certain 84 circumstances; prohibiting certain actions by a 85 landlord under certain circumstances; authorizing the 86 filing of a civil action and an award of damages, 87 fees, and costs under certain circumstances; 88 prohibiting the waiver or modification of certain 89 provisions; creating s. 83.685, F.S.; prohibiting the 90 purchase of single-family homes for a specified 91 purpose in certain circumstances; authorizing civil 92 investigations and actions; authorizing the award of 93 certain relief; requiring joinder of certain parties 94 in certain circumstances for specified purposes; 95 providing for joint and several liability; providing 96 construction; defining the terms affiliate and 97 person; amending s. 163.31801, F.S.; authorizing 98 local governments and special districts to adopt a 99 specified impact fee; requiring that the revenue 100 generated from such impact fee be used for a specified 101 purpose; creating s. 166.0452, F.S.; defining terms; 102 authorizing municipalities to create community land 103 bank programs for a certain purpose; requiring certain 104 municipalities annually to develop and 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 that the proposed plan 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 that written 115 notice of a sale of such property be provided to 116 certain 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 that such property 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 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 financial 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 that copies of such report 140 be 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 F.S.; defining terms; authorizing a tax credit for 151 certain projects; providing the maximum value of such 152 credit; authorizing the Florida Housing Finance 153 Corporation to allocate the tax credit among certain 154 projects; authorizing that the tax credit be 155 transferred by the recipient; requiring the Department 156 of Revenue to adopt rules; creating s. 420.50931, 157 F.S.; creating the retail-to-residence tax credit 158 Program for a certain purpose; requiring the 159 corporation to determine which projects are eligible 160 for the tax credit; requiring the corporation to 161 establish and adopt certain procedures and to prepare 162 a specified annual plan; requiring that such plan be 163 approved by the Governor; authorizing the corporation 164 to exercise certain powers; requiring the board of 165 directors of the corporation to administer certain 166 procedures and determine allocations on behalf of the 167 corporation; providing requirements for certain 168 procedures; requiring taxpayers to submit an 169 application with certain information to the 170 corporation; authorizing the corporation to request 171 additional information; providing requirements for the 172 approval of an application for a project; creating s. 173 420.5098, F.S.; creating the Affordable Housing 174 Construction Loan Program for a certain purpose; 175 providing the corporation with certain powers and 176 responsibilities relating to the program; providing 177 requirements for the program; providing rulemaking 178 authority; providing 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 Keep Floridians 183 Housed Act. 184 Section 2.Section 20.71, Florida Statutes, is created to 185 read: 186 20.71Department 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 secretary, 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 Governor 198 in working with the Legislature, state agencies, and other 199 interested entities to formulate and implement coherent and 200 consistent policies and strategies designed to combat affordable 201 housing and homelessness issues in the state, assist with 202 housing and urban development, and perpetuate amicable landlord 203 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 83.43Definitions.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 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 83.455Rental agreements. 230 (1)Immediately after entering into, extending, or renewing 231 a rental agreement, the tenant must be provided a copy of the 232 rental agreement. The rental agreement must be written in plain 233 language and, at the tenants 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 compensation and comprehensive relocation assistance. 251 (d)A landlord may not terminate a tenancy for cause during 252 a state of emergency declared by the Governor under chapter 252. 253 (e)During a state of emergency declared by the Governor 254 under chapter 252, a tenant may install wind-resistant 255 improvements, as described in s. 163.08(4)(a), to the dwelling 256 unit at the tenants expense. 257 (f)A landlord may not terminate a tenancy because a tenant 258 establishes, attempts to establish, or participates in a tenant 259 organization. 260 Section 5.Subsection (4) is added to section 83.46, 261 Florida Statutes, to read: 262 83.46Rent; duration of tenancies. 263 (4)A landlord must provide to a tenant a written notice, 264 by certified mail or hand delivery, of a planned rent increase 265 at least 60 days before the rental agreement renewal period. If 266 the rent increase is more than 5 percent, the landlord must 267 provide notice, by certified mail or hand delivery, at least 3 268 months before the rental agreement renewal period. If the rent 269 increase is more than 5 percent, the notice must also contain a 270 statement that the tenant may elect to participate in nonbinding 271 mediation, at the expense of the tenant, by providing written 272 notice to the landlord, by certified mail or hand delivery, 273 within 14 days after receipt of the notice of the rent increase. 274 For a tenancy without a specific duration, the landlord must 275 provide written notice, by certified mail or hand delivery, of a 276 planned rent increase within the timeframes provided in s. 277 83.57. 278 Section 6.Paragraph (c) is added to subsection (1) of 279 section 83.47, Florida Statutes, to read: 280 83.47Prohibited provisions in rental agreements. 281 (1)A provision in a rental agreement is void and 282 unenforceable to the extent that it: 283 (c)Purports that early termination of a rental agreement 284 because of an incident involving actual or threatened domestic 285 violence, dating violence, sexual violence, or stalking, in 286 which the tenant or the tenants minor child is a victim and not 287 the perpetrator, is a breach of the rental agreement. 288 Section 7.Subsections (1) through (9) of section 83.49, 289 Florida Statutes, are redesignated as subsections (2) through 290 (10), respectively, present subsections (1) through (5), (7), 291 and (9) of that section are amended, and a new subsection (1) is 292 added to that section, to read: 293 83.49Deposit money or advance rent; duty of landlord and 294 tenant. 295 (1)(a)A landlord may not charge a tenant a security 296 deposit that is more than 1 months rent. 297 (b)The landlord must allow the tenant, at his or her 298 discretion, to pay the total amount of the security deposit in 299 12 equal payments to be paid at the same time and in the same 300 manner as the tenants rent. If the duration of the rental 301 agreement is less than 1 year, the total amount of the deposit 302 must be paid in equal monthly payments based on the duration of 303 the tenancy and be paid at the same time and in the same manner 304 as the tenants rent. 305 (c)If a tenant pays his or her security deposit according 306 to paragraph (b), when the rental agreement is terminated or the 307 tenant vacates or abandons the premises before the expiration of 308 the term specified in the rental agreement, the tenant is 309 entitled to a refund equivalent to the amount of the security 310 deposit that he or she already paid, minus any deductions 311 properly claimed by the landlord under subsection (4) for 312 damages. 313 (2)(1)Whenever money is deposited or advanced by a tenant 314 on a rental agreement as security for performance of the rental 315 agreement or as advance rent for other than the next immediate 316 rental period, the landlord or the landlords agent shall 317 either: 318 (a)Hold the total amount of such money in a separate non 319 interest-bearing account in a Florida financial institution for 320 the benefit of the tenant or tenants. The landlord shall not 321 commingle such moneys with any other funds of the landlord or 322 hypothecate, pledge, or in any other way make use of such moneys 323 until such moneys are actually due the landlord; 324 (a)(b)Hold the total amount of such money in a separate 325 interest-bearing account in a Florida financial institution for 326 the benefit of the tenant or tenants, in which case the tenant 327 shall receive and collect interest in an amount of at least 75 328 percent of the annualized average interest rate payable on such 329 account or interest at the rate of 5 percent per year, simple 330 interest, whichever the landlord elects. The landlord shall not 331 commingle such moneys with any other funds of the landlord or 332 hypothecate, pledge, or in any other way make use of such moneys 333 until such moneys are actually due the landlord; or 334 (b)(c)Post a surety bond, executed by the landlord as 335 principal and a surety company authorized and licensed to do 336 business in the state as surety, with the clerk of the circuit 337 court in the county in which the dwelling unit is located in the 338 total amount of the security deposits and advance rent he or she 339 holds on behalf of the tenants or $50,000, whichever is less. 340 The bond shall be conditioned upon the faithful compliance of 341 the landlord with the provisions of this section and shall run 342 to the Governor for the benefit of any tenant injured by the 343 landlords violation of the provisions of this section. In 344 addition to posting the surety bond, the landlord shall pay to 345 the tenant interest at the rate of 5 percent per year, simple 346 interest. A landlord, or the landlords agent, engaged in the 347 renting of dwelling units in five or more counties, who holds 348 deposit moneys or advance rent and who is otherwise subject to 349 the provisions of this section, may, in lieu of posting a surety 350 bond in each county, elect to post a surety bond in the form and 351 manner provided in this paragraph with the office of the 352 Secretary of State. The bond shall be in the total amount of the 353 security deposit or advance rent held on behalf of tenants or in 354 the amount of $250,000, whichever is less. The bond shall be 355 conditioned upon the faithful compliance of the landlord with 356 the provisions of this section and shall run to the Governor for 357 the benefit of any tenant injured by the landlords violation of 358 this section. In addition to posting a surety bond, the landlord 359 shall pay to the tenant interest on the security deposit or 360 advance rent held on behalf of that tenant at the rate of 5 361 percent per year simple interest. 362 (3)(2)The landlord shall, in the rental lease agreement or 363 within 30 days after receipt of advance rent or a security 364 deposit, give written notice to the tenant which includes 365 disclosure of the advance rent or security deposit. Subsequent 366 to providing such written notice, if the landlord changes the 367 manner or location in which he or she is holding the advance 368 rent or security deposit, he or she must notify the tenant 369 within 30 days after the change as provided in paragraphs (a) 370 (d). The landlord is not required to give new or additional 371 notice solely because the depository has merged with another 372 financial institution, changed its name, or transferred 373 ownership to a different financial institution. This subsection 374 does not apply to any landlord who rents fewer than five 375 individual dwelling units. Failure to give this notice is not a 376 defense to the payment of rent when due. The written notice 377 must: 378 (a)Be given in person or by mail to the tenant. 379 (b)State the name and address of the depository where the 380 advance rent or security deposit is being held or state that the 381 landlord has posted a surety bond as provided by law. 382 (c)State that whether the tenant is entitled to interest 383 on the deposit and the amount of the interest. 384 (d)Contain the following disclosure: 385 386 YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF 387 CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE 388 RENTS TO THE LANDLORDS ACCOUNT AS THEY ARE DUE AND 389 WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE 390 LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN 391 SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD 392 MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE 393 OUT, OF THE LANDLORDS INTENT TO IMPOSE A CLAIM 394 AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE 395 LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 396 DAYS AFTER RECEIPT OF THE LANDLORDS NOTICE, THE 397 LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE 398 REMAINING DEPOSIT, IF ANY. 399 400 IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE 401 LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A 402 LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY 403 OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE 404 DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A 405 REFUND. 406 407 YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE 408 BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE 409 FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND 410 ATTORNEY FEES PAYABLE BY THE LOSING PARTY. 411 412 THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF 413 CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL 414 RIGHTS AND OBLIGATIONS. 415 416 (4)(3)The landlord or the landlords agent may disburse 417 advance rents from the deposit account to the landlords benefit 418 when the advance rental period commences and without notice to 419 the tenant. For all other deposits: 420 (a)Upon the vacating of the premises for termination of 421 the rental agreement lease, if the landlord does not intend to 422 impose a claim on the security deposit, the landlord must shall 423 have 15 days to return the security deposit together with 424 interest within 30 days after the tenant vacates the premises. 425 if otherwise required, or The landlord has shall have 30 days 426 after the tenant vacates the premises to give the tenant written 427 notice by certified mail to the tenants last known mailing 428 address of his or her intention to impose a claim on the deposit 429 and the reason for imposing the claim. The notice must shall 430 contain a statement in substantially the following form: 431 432 This is a notice of my intention to impose a 433 claim for damages in the amount of .... upon your 434 security deposit, due to ..... It is sent to you as 435 required by s. 83.49(4) s. 83.49(3), Florida Statutes. 436 You are hereby notified that you must object in 437 writing to this deduction from your security deposit 438 within 15 days after from the time you receive this 439 notice or I will be authorized to deduct my claim from 440 your security deposit. Your objection must be sent to 441 ...(landlords address).... 442 If the landlord fails to give the required notice 443 within the 30-day period, he or she forfeits the right 444 to impose a claim upon the security deposit and may 445 not seek a setoff against the deposit but may file an 446 action for damages after return of the deposit. 447 448 (b)Unless the tenant objects to the imposition of the 449 landlords claim or the amount thereof within 15 days after 450 receipt of the landlords notice of intention to impose a claim, 451 the landlord may then deduct the amount of his or her claim and 452 must shall remit the balance of the deposit and any interest to 453 the tenant within 30 days after the date of the notice of 454 intention to impose a claim for damages. The failure of the 455 tenant to make a timely objection does not waive any rights of 456 the tenant to seek damages in a separate action. 457 (c)If either party institutes an action in a court of 458 competent jurisdiction to adjudicate the partys right to the 459 security deposit, the prevailing party is entitled to receive 460 his or her court costs plus a reasonable fee for his or her 461 attorney. If a court finds that the landlord failed to meet the 462 requirements of this section, the court must award the tenant 463 damages equal to three times the amount of the tenants security 464 deposit. The court shall advance the cause on the calendar. 465 (d)Compliance with this section by an individual or 466 business entity authorized to conduct business in this state, 467 including Florida-licensed real estate brokers and sales 468 associates, constitutes compliance with all other relevant 469 Florida Statutes pertaining to security deposits held pursuant 470 to a rental agreement or other landlord-tenant relationship. 471 Enforcement personnel shall look solely to this section to 472 determine compliance. This section prevails over any conflicting 473 provisions in chapter 475 and in other sections of the Florida 474 Statutes, and operates shall operate to permit licensed real 475 estate brokers to disburse security deposits and deposit money 476 without having to comply with the notice and settlement 477 procedures contained in s. 475.25(1)(d). 478 (5)(4)The provisions of This section does do not apply to 479 transient rentals by hotels or motels as defined in chapter 509; 480 or nor do they apply in those instances in which the amount of 481 rent or deposit, or both, is regulated by law or by rules or 482 regulations of a public body, including public housing 483 authorities and federally administered or regulated housing 484 programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 485 of the National Housing Act, as amended, other than for rent 486 stabilization. With the exception of subsections (4), (6), and 487 (7) (3), (5), and (6), this section is not applicable to housing 488 authorities or public housing agencies created pursuant to 489 chapter 421 or other statutes. 490 (6)(5)Except when otherwise provided by the terms of a 491 written rental agreement lease, any tenant who vacates or 492 abandons the premises before prior to the expiration of the term 493 specified in the written rental agreement lease, or any tenant 494 who vacates or abandons premises which are the subject of a 495 tenancy from week to week, month to month, quarter to quarter, 496 or year to year, must shall give at least 7 days written 497 notice, which notice must include the address where the tenant 498 may be reached, by certified mail or personal delivery to the 499 landlord before prior to vacating or abandoning the premises 500 which notice shall include the address where the tenant may be 501 reached. Failure to give such notice relieves shall relieve the 502 landlord of the notice requirement of paragraph (4)(a) (3)(a) 503 but does shall not waive any right the tenant may have to the 504 security deposit or any part of it. 505 (8)(7)Upon the sale or transfer of title of the rental 506 property from one owner to another, or upon a change in the 507 designated rental agent, any and all security deposits or 508 advance rents being held for the benefit of the tenants must 509 shall be transferred to the new owner or agent, together with 510 any earned interest and with an accurate accounting showing the 511 amounts to be credited to each tenant account. Upon the transfer 512 of such funds and records to the new owner or agent, and upon 513 transmittal of a written receipt therefor, the transferor is 514 free from the obligation imposed in subsection (2) (1) to hold 515 such moneys on behalf of the tenant. There is a rebuttable 516 presumption that any new owner or agent received the security 517 deposit from the previous owner or agent; however, this 518 presumption is limited to 1 months rent. This subsection does 519 not excuse the landlord or agent for a violation of other 520 provisions of this section while in possession of such deposits. 521 (10)(9)In those cases in which interest is required to be 522 paid to the tenant, The landlord shall pay directly to the 523 tenant, or credit against the current months rent, the interest 524 due to the tenant at least once annually. However, no interest 525 may not be paid to shall be due a tenant who wrongfully 526 terminates his or her tenancy before prior to the end of the 527 rental term. 528 Section 8.Section 83.495, Florida Statutes, is created to 529 read: 530 83.495Prohibited fees. 531 (1)This section may be cited as the End Junk Fees for 532 Renters Act. 533 (2)A landlord or a landlords agent may not require or 534 demand a prospective tenant to pay any fee in connection with 535 the submission of an application for rental of a dwelling unit. 536 Such fees include, but are not limited to, application fees, 537 tenant screening fees, renewal fees, service fees, amenity fees, 538 benefits fees, and any other fee that cannot be avoided by the 539 prospective tenant. Such fees do not include security deposits 540 or fees in lieu of security deposits, rent, or early termination 541 fees. 542 (3)This section does not prohibit a landlord or landlords 543 agent from requiring a background screening or credit report. 544 However, if a prospective tenant provides a required background 545 screening or credit report issued within 90 days after the 546 application, no fee for such background screening or credit 547 report may be charged by the landlord or landlords agent. If a 548 prospective tenant does not provide a required background 549 screening or credit report issued within 90 days after the 550 application, the landlord or the landlords agent may charge the 551 prospective tenant a fee for the actual cost of obtaining the 552 background screening or credit report. Any prospective tenant 553 who is charged a fee under this subsection for a background 554 screening or credit report must be given a written or electronic 555 copy of the background screening or credit report. 556 Section 9.Paragraph (a) of subsection (1) of section 557 83.51, Florida Statutes, is amended to read: 558 83.51Landlords obligation to maintain premises. 559 (1)The landlord at all times during the tenancy shall: 560 (a)Comply with the requirements of applicable building, 561 housing, and health codes. The landlord must, at commencement of 562 the tenancy, inspect the dwelling unit to ensure compliance with 563 all applicable codes; or 564 565 The landlord is not required to maintain a mobile home or other 566 structure owned by the tenant. The landlords obligations under 567 this subsection may be altered or modified in writing with 568 respect to a single-family home or duplex. 569 Section 10.Section 83.54, Florida Statutes, is amended to 570 read: 571 83.54Enforcement of rights and duties; civil action; 572 criminal offenses.Any right or duty declared in this part is 573 enforceable by civil action. A right or duty enforced by civil 574 action under this section does not preclude prosecution for a 575 criminal offense related to the rental agreement or rented 576 dwelling unit or premises lease or leased property. In an action 577 brought by a tenant for wrongful termination of a rental 578 agreement, if the court finds in favor of the tenant, any 579 eviction complaint filed by the landlord must be dismissed and 580 the record of such filing removed from the tenants credit 581 report. 582 Section 11.Present subsections (5) and (6) of section 583 83.56, Florida Statutes, are redesignated as subsections (6) and 584 (7), respectively, subsections (2), (3), and (4), paragraph (b) 585 of present subsection (5), and present subsection (6) of that 586 section are amended, and a new subsection (5) and subsection (8) 587 are added to that section, to read: 588 83.56Termination of rental agreement. 589 (2)(a)A landlord must have good cause to terminate a 590 rental agreement. The following reasons constitute good cause to 591 terminate a rental agreement: 592 1.The intentional destruction, damage, or misuse of the 593 landlords or other tenants property. 594 2.A tenants disorderly conduct or continued unreasonable 595 disturbance. 596 3.Failure of the tenant to comply with s. 83.52. 597 4.A violation or breach of the landlords reasonable rules 598 and regulations. 599 5.A violation or breach of covenants or agreements 600 contained in the rental agreement. 601 6.Use of the dwelling unit or premises for illegal 602 purposes or acts that the tenant has been criminally charged 603 with, including, but not limited to, the manufacture, sale, or 604 use of illegal drugs, theft of property, or assault or threats 605 on the landlord or his or her relatives, as defined in s. 606 494.001, or employees. 607 7.The dwelling unit or premises are removed from the 608 rental market because this state, any political subdivision as 609 defined in s. 1.01(8), or any other entity exercises its power 610 of eminent domain; the landlord seeks in good faith to 611 permanently remove the property from the rental market; or the 612 landlord is converting the dwelling unit or premises from the 613 rental market to a condominium, cooperative, or fee simple 614 ownership. 615 8.The dwelling unit or premises are being used as an 616 incident of employment and such employment is terminated. 617 9.The landlord seeks in good faith to recover possession 618 of the dwelling unit or premises for his or her own use and 619 occupancy as a principal residence, or for the use and occupancy 620 as a principal residence by a relative, as defined in s. 621 494.001, of the landlord. 622 (b)If any of the violations in subparagraphs (a)1.-6. 623 exist the tenant materially fails to comply with s. 83.52 or 624 material provisions of the rental agreement, other than a 625 failure to pay rent, or reasonable rules or regulations, the 626 landlord may: 627 1.(a)If the violation such noncompliance is of a nature 628 that the tenant should not be given an opportunity to cure it or 629 if the violation noncompliance constitutes a subsequent or 630 continuing violation noncompliance within 12 months after of a 631 written warning by the landlord of a similar violation, deliver 632 a written notice to the tenant specifying the violation 633 noncompliance and the landlords intent to terminate the rental 634 agreement by reason thereof. Examples of noncompliance which are 635 of a nature that the tenant should not be given an opportunity 636 to cure include, but are not limited to, destruction, damage, or 637 misuse of the landlords or other tenants property by 638 intentional act or a subsequent or continued unreasonable 639 disturbance. In such event, the landlord may terminate the 640 rental agreement, and the tenant has shall have 7 days after 641 from the date that the notice is delivered to vacate the 642 premises. The notice must shall be in substantially the 643 following form: 644 645 You are advised that your rental agreement lease 646 is terminated effective immediately. You shall have 7 647 days after from the delivery of this letter to vacate 648 the premises. This action is taken because ...(cite 649 the violation noncompliance).... 650 651 2.(b)If the violation such noncompliance is of a nature 652 that the tenant should be given an opportunity to cure it, 653 deliver a written notice to the tenant specifying the violation 654 noncompliance, including a notice that, if the violation 655 noncompliance is not corrected within 7 days after from the date 656 that the written notice is delivered, the landlord will shall 657 terminate the rental agreement by reason thereof. Examples of 658 such noncompliance include, but are not limited to, activities 659 in contravention of the lease or this part such as having or 660 permitting unauthorized pets, guests, or vehicles; parking in an 661 unauthorized manner or permitting such parking; or failing to 662 keep the premises clean and sanitary. If such violation 663 noncompliance recurs within 12 months after receipt of such 664 notice, an eviction action may commence without delivering a 665 subsequent notice pursuant to subparagraph 1. paragraph (a) or 666 this subparagraph paragraph. The notice must shall be in 667 substantially the following form: 668 669 You are hereby notified that ...(cite the 670 violation noncompliance).... Demand is hereby made 671 that you remedy the violation noncompliance within 7 672 days after of receipt of this notice or your rental 673 agreement will be lease shall be deemed terminated and 674 you must shall vacate the premises upon such 675 termination. If this same conduct or conduct of a 676 similar nature is repeated within 12 months, your 677 tenancy is subject to termination without further 678 warning and without your being given an opportunity to 679 cure the violation noncompliance. 680 681 (c)If any other reason provided in paragraph (a) exists, 682 the landlord may deliver a written notice to the tenant of the 683 landlords intent to terminate the rental agreement. The written 684 notice must specify the reason for the termination. In such 685 event, the tenant has 7 days after the date that the notice is 686 delivered to vacate the premises. 687 (3)If the tenant fails to pay rent when due and the 688 default continues for 3 days, excluding Saturday, Sunday, and 689 legal holidays, after delivery of written demand by the landlord 690 for payment of the rent or possession of the premises, or if the 691 tenant habitually pays late or fails to pay the full amount of 692 rent after being given notice of a rent increase as required in 693 s. 83.46(4), the landlord may terminate the rental agreement. 694 Habitual late payments means more than one late payment 695 following the landlords first written demand for payment. Legal 696 holidays for the purpose of this section shall be court-observed 697 holidays only. The 3-day notice shall contain a statement in 698 substantially the following form: 699 700 You are hereby notified that you are indebted to 701 me in the sum of .... dollars for the rent and use of 702 the premises ...(address of leased premises, including 703 county)..., Florida, now occupied by you and that I 704 demand payment of the rent or possession of the 705 premises within 3 days (excluding Saturday, Sunday, 706 and legal holidays) after from the date of delivery of 707 this notice, to wit: on or before the .... day of 708 ...., ...(year).... 709 ...(landlords name, address and phone number)... 710 711 (4)The delivery of the written notices required by 712 subsections (1), (2), and (3), and (8) must shall be by mailing 713 or delivery of a true copy thereof or, if the tenant is absent 714 from the premises, by leaving a copy thereof at the residence. 715 The notice requirements of subsections (1), (2), and (3), and 716 (8) may not be waived in the rental agreement lease. 717 (5)Notwithstanding any other law to the contrary, if the 718 landlord knows or reasonably should know that the tenant is 719 pregnant or there are children under the age of 18 years living 720 in the dwelling unit, the landlord must provide the tenant at 721 least 3 months after delivery of a written notice under 722 subsection (2) or subsection (3) to vacate the premises before 723 bringing an action for possession of the dwelling unit under s. 724 83.59. 725 (6)(5) 726 (b)Any tenant who wishes to defend against an action by 727 the landlord for possession of the unit for noncompliance of the 728 rental agreement or of relevant statutes must comply with s. 729 83.60(2). The court may not set a date for mediation or trial 730 unless the provisions of s. 83.60(2) have been met, but must 731 enter a default judgment for removal of the tenant with a writ 732 of possession to issue immediately if the tenant fails to comply 733 with s. 83.60(2). 734 (7)(6)If the rental agreement is terminated, the landlord 735 must shall comply with s. 83.49(4) s. 83.49(3). 736 (8)(a)If the landlord seeks in good faith to undertake 737 substantial repairs to the dwelling unit or premises that cannot 738 be completed while the dwelling unit is occupied, and that are 739 necessary to bring the dwelling unit or premises into compliance 740 with applicable codes and laws or under an outstanding notice of 741 code violations, the landlord may deliver a written notice to 742 the tenant of the landlords intent to terminate the rental 743 agreement. In such event, the tenant has 7 days after the date 744 that the notice is delivered to vacate the premises. 745 (b)A notice terminating a rental agreement under this 746 subsection must include the following information: 747 1.A statement in substantially the following form: When 748 the needed repairs are completed on your dwelling unit or the 749 premises, the landlord must offer you the opportunity to return 750 to your dwelling unit with a rental agreement of substantially 751 the same terms and at the same rent, subject to the landlords 752 right to obtain a rent increase for capital improvements. 753 2.If a landlord owns other residential dwelling units and 754 any such unit is available, a statement informing the tenant of 755 the existence of the available unit and an offer to enter into a 756 temporary rental agreement for the available unit or an offer to 757 enter into a new rental agreement for the available unit. The 758 landlord must offer the replacement dwelling unit to the tenant 759 at a rent based on the rent that the tenant is currently paying, 760 allowing for adjustments based on the condition, size, and other 761 amenities of the replacement unit. 762 3.An estimate of the time required to complete the repairs 763 and the date upon which it is expected that the dwelling unit 764 will be ready for habitation. 765 (c)Upon completion of the repairs of the dwelling unit or 766 premises, the landlord must offer the tenant the first right to 767 return to the dwelling unit at the same rent and under a rental 768 agreement of substantially the same terms, subject to the 769 landlords right to obtain a rent increase for capital 770 improvements. 771 Section 12.Subsection (2) of section 83.60, Florida 772 Statutes, is amended to read: 773 83.60Defenses to action for rent or possession; 774 procedure. 775 (2)In an action by the landlord for possession of a 776 dwelling unit, if the tenant interposes any defense other than 777 payment, including, but not limited to, the defense of a 778 defective 3-day notice, the tenant must shall pay into the 779 registry of the court the accrued rent as alleged in the 780 complaint or as determined by the court and the rent that 781 accrues during the pendency of the proceeding, when due. The 782 clerk shall notify the tenant of such requirement in the 783 summons. Failure of the tenant to pay the rent into the registry 784 of the court or to file a motion to determine the amount of rent 785 to be paid into the registry within 5 days, excluding Saturdays, 786 Sundays, and legal holidays, after the date of service of 787 process constitutes an absolute waiver of the tenants defenses 788 other than payment, and the landlord is entitled to an immediate 789 default judgment for removal of the tenant with a writ of 790 possession to issue without further notice or hearing thereon. 791 If a motion to determine rent is filed, documentation in support 792 of the allegation that the rent as alleged in the complaint is 793 in error is required. Public housing tenants or tenants 794 receiving rent subsidies are required to deposit only that 795 portion of the full rent for which they are responsible pursuant 796 to the federal, state, or local program in which they are 797 participating. 798 Section 13.Section 83.626, Florida Statutes, is created to 799 read: 800 83.626Court records of eviction proceedings. 801 (1)A tenant, mobile home owner, mobile home tenant, or 802 mobile home occupant who is a defendant in an eviction 803 proceeding under this part or s. 723.061 may file a motion with 804 the court to have the records of such proceeding sealed and to 805 have his or her name substituted with tenant or occupant on 806 the progress docket if any of the following conditions are 807 satisfied: 808 (a)The parties filed a joint stipulation requesting relief 809 under this section. 810 (b)The case was dismissed. 811 (c)The case was resolved by settlement or stipulation of 812 the parties and the defendant has complied with the terms of the 813 agreement. 814 (d)A default judgment was entered against the defendant 815 and the defendant has satisfied any monetary award included in 816 the judgment. This paragraph does not apply if the action was 817 brought under s. 83.56(2)(a) or s. 723.061(1)(c) for material 818 noncompliance, other than nonpayment of rent, because of the 819 defendants intentional destruction, damage, or misuse of the 820 landlords property. 821 (e)A judgment was entered against the defendant on the 822 merits at least 5 years before the motion was filed under this 823 subsection and the defendant has satisfied any monetary award 824 included in the judgment. This paragraph does not apply if the 825 action was brought under s. 83.56(2)(a) or s. 723.061(1)(c) for 826 material noncompliance, other than nonpayment of rent, because 827 of the defendants intentional destruction, damage, or misuse of 828 the landlords property. 829 (2)(a)The court shall grant such motion without a hearing 830 if the requirements in paragraph (1)(a) or paragraph (1)(b) are 831 satisfied. 832 (b)If the defendant files a motion on the basis of 833 paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) being 834 satisfied, the defendant must also serve a copy of the motion on 835 all parties to the proceeding. If a written objection is filed 836 by a party within 30 days after such service, the court must 837 schedule a hearing. If a written objection is not filed within 838 30 days after such service, or the court determines after a 839 hearing that the defendant is eligible for relief, the court 840 must grant the motion. 841 (3)A tenant, mobile home owner, mobile home tenant, or 842 mobile home occupant is entitled to relief under subsection (2) 843 only once. When a tenant, mobile home owner, mobile home tenant, 844 or mobile home occupant files a motion under subsection (1), he 845 or she must also submit a sworn statement under penalty of 846 perjury affirming that he or she has not previously received 847 such relief from a court in this state. 848 (4)In an eviction proceeding under this part or s. 849 723.061, the court must substitute a defendants name on the 850 progress docket with tenant or occupant if a judgment is 851 entered in favor of the defendant. 852 (5)A defendant is not eligible for relief under this 853 section if: 854 (a)During any 12-month period, the defendant has had a 855 judgment entered against him or her in two or more eviction 856 proceedings; or 857 (b)During any 24-month period, the defendant has had a 858 judgment entered against him or her in three or more eviction 859 proceedings. 860 (6)This section applies to any judgment entered before, 861 on, or after July 1, 2025. 862 Section 14.Section 83.63, Florida Statutes, is amended to 863 read: 864 83.63Casualty damage.If the premises are damaged or 865 destroyed other than by the wrongful or negligent acts of the 866 tenant so that the enjoyment of the premises is substantially 867 impaired, the tenant may terminate the rental agreement and 868 immediately vacate the premises. The tenant may vacate the part 869 of the premises rendered unusable by the casualty, in which case 870 the tenants liability for rent shall be reduced by the fair 871 rental value of that part of the premises damaged or destroyed. 872 If the rental agreement is terminated, the landlord shall comply 873 with s. 83.49(4) s. 83.49(3). 874 Section 15.Section 83.67, Florida Statutes, is amended to 875 read: 876 83.67Prohibited practices. 877 (1)A landlord of any dwelling unit governed by this part 878 may shall not cause, directly or indirectly, the termination or 879 interruption of any utility service furnished to the tenant, 880 including, but not limited to, water, heat, light, electricity, 881 gas, elevator, garbage collection, or refrigeration, whether or 882 not the utility service is under the control of, or payment is 883 made by, the landlord. 884 (2)A landlord of any dwelling unit governed by this part 885 may shall not prevent the tenant from gaining reasonable access 886 to the dwelling unit by any means, including, but not limited 887 to, changing the locks or using any bootlock or similar device. 888 (3)A landlord of any dwelling unit governed by this part 889 may shall not discriminate against a servicemember in offering a 890 dwelling unit for rent or in any of the terms of the rental 891 agreement. 892 (4)A landlord of any dwelling unit governed by this part 893 may not discriminate against a person in offering a dwelling 894 unit for rent or in any of the terms of the rental agreement 895 based on the persons race; color; religion; sex; pregnancy; 896 national origin; age; physical, mental, or developmental 897 disability; HIV status; familial status; sexual orientation; 898 gender identity; source of income; or credit score. For purposes 899 of this subsection, the term: 900 (a)Familial status means the makeup of a persons 901 family, including whether there is a child under the age of 18 902 living with the person or whether the person is seeking custody 903 of a child under the age of 18. 904 (b)Gender identity means the identity, appearance, or 905 behavior of a person, regardless of whether such identity, 906 appearance, or behavior is different from that traditionally 907 associated with the persons physiology or assigned sex at 908 birth. 909 (c)Sexual orientation means a persons heterosexuality, 910 homosexuality, or bisexuality. 911 (5)A landlord of any dwelling unit governed by this part 912 may not harass or intimidate a tenant for the purpose of 913 coercing the tenant into terminating the rental agreement. 914 (6)A landlord of any dwelling unit governed by this part 915 may not refuse to show the dwelling unit, either in person or 916 through photographs, to a prospective tenant until the 917 prospective tenant signs a rental agreement. 918 (7)Unless otherwise required by law, a landlord of any 919 dwelling unit governed by this part may not inquire into or 920 consider a prospective tenants criminal history on a rental 921 application or rental agreement. A landlord may inquire into or 922 consider a prospective tenants criminal history only after the 923 landlord otherwise determines that the prospective tenant 924 otherwise qualifies to rent a dwelling unit. 925 (8)If a landlord requires a prospective tenant to complete 926 a rental application before residing in a dwelling unit, the 927 landlord may not charge an excessive rental application fee. If, 928 after a prospective tenant submits a rental application and 929 rental application fee, a dwelling unit is not available, the 930 landlord must refund the application fee to the prospective 931 tenant. 932 (9)(4)A landlord may shall not prohibit a tenant from 933 displaying one portable, removable, cloth or plastic United 934 States flag, not larger than 4 and 1/2 feet by 6 feet, in a 935 respectful manner in or on the dwelling unit regardless of any 936 provision in the rental agreement dealing with flags or 937 decorations. The United States flag shall be displayed in 938 accordance with s. 83.52(6). The landlord is not liable for 939 damages caused by a United States flag displayed by a tenant. 940 Any United States flag may not infringe upon the space rented by 941 any other tenant. 942 (10)(5)A landlord of any dwelling unit governed by this 943 part may shall not remove the outside doors, locks, roof, walls, 944 or windows of the unit except for purposes of maintenance, 945 repair, or replacement; and the landlord may shall not remove 946 the tenants personal property from the dwelling unit unless 947 such action is taken after surrender, abandonment, recovery of 948 possession of the dwelling unit due to the death of the last 949 remaining tenant in accordance with s. 83.59(3)(d), or a lawful 950 eviction. If provided in the rental agreement or a written 951 agreement separate from the rental agreement, upon surrender or 952 abandonment by the tenant, the landlord is not required to 953 comply with s. 715.104 and is not liable or responsible for 954 storage or disposition of the tenants personal property; if 955 provided in the rental agreement, there must be printed or 956 clearly stamped on such rental agreement a legend in 957 substantially the following form: 958 959 BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES 960 THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF 961 POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF 962 THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, 963 FLORIDA STATUTES, THE LANDLORD IS SHALL NOT BE LIABLE 964 OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 965 TENANTS PERSONAL PROPERTY. 966 967 For the purposes of this section, abandonment is determined 968 shall be as provided set forth in s. 83.59(3)(c). 969 (11)(6)A landlord who violates any provision of this 970 section is shall be liable to the tenant for actual and 971 consequential damages or 3 months rent, whichever is greater, 972 and costs, including attorney attorneys fees. Subsequent or 973 repeated violations that are not contemporaneous with the 974 initial violation are shall be subject to separate awards of 975 damages. 976 (12)(7)A violation of this section constitutes irreparable 977 harm for the purposes of injunctive relief. 978 (13)(8)The remedies provided by this section are not 979 exclusive and do not preclude the tenant from pursuing any other 980 remedy at law or equity that the tenant may have. The remedies 981 provided by this section shall also apply to a servicemember or 982 person who is a prospective tenant who has been discriminated 983 against under subsection (3) or subsection (4). 984 Section 16.Section 83.675, Florida Statutes, is created to 985 read: 986 83.675Tenant opportunity to purchase. 987 (1)For purposes of this section, the term: 988 (a)Bona fide offer of sale means an offer for a price, 989 and, including other material terms, that is at least as 990 favorable as what would be accepted by a purchaser in an arms 991 length third-party contract, that is comparable to that at which 992 a willing seller and a willing buyer would sell and purchase the 993 dwelling unit or the premises on which the dwelling unit is 994 located, or that is the appraised value of the dwelling unit or 995 premises. 996 (b)Highest and best use means the reasonable legal use 997 of a dwelling unit or the premises on which the dwelling unit is 998 located that is physically possible, appropriately supported, 999 and financially feasible and that results in the highest value 1000 of the dwelling unit or the premises on which the dwelling unit 1001 is located. 1002 (c)Matter-of-right means the appropriate land use, 1003 development density, or building requirements of the dwelling 1004 unit or the premises on which the dwelling unit is located under 1005 zoning regulations and law. 1006 (2)Before a landlord may sell a dwelling unit or the 1007 premises on which a dwelling unit is located or issue a notice 1008 to vacate the dwelling unit or premises for purposes of 1009 demolition or discontinuance of housing use, the landlord must 1010 give the tenant an opportunity to purchase the dwelling unit or 1011 the premises on which the dwelling unit is located at a price 1012 and with material terms that represent a bona fide offer of 1013 sale. 1014 (3)A landlord shall provide the tenant a copy of the offer 1015 of sale, in the preferred language of the tenant, by hand 1016 delivery, e-mail, or certified mail. A landlord may not retain a 1017 percentage of ownership in the dwelling unit or the premises on 1018 which the dwelling unit is located in the offer of sale. 1019 (4)The sales price contained in the offer of sale may not 1020 be more than a price that is comparable to that at which a 1021 willing seller and a willing buyer would sell and purchase the 1022 dwelling unit or the premises on which the dwelling unit is 1023 located or that is the appraised value of the dwelling unit or 1024 premises. 1025 (5)The appraised value must be based on rights a landlord 1026 has as a matter-of-right as of the date of the offer of sale, 1027 including any existing right a landlord may have to convert the 1028 dwelling unit or the premises on which the dwelling unit is 1029 located to another use. The appraised value may take into 1030 consideration the highest and best use of the dwelling unit or 1031 premises. 1032 (6)A tenant may challenge an offer of sale as not being a 1033 bona fide offer of sale and request a determination of the 1034 appraised value by an independent licensed appraiser, as defined 1035 in s. 475.611, at his or her expense, by providing written 1036 notice to the landlord and the Division of Consumer Services 1037 within the Department of Agriculture and Consumer Services by 1038 hand delivery, e-mail, or certified mail within 30 days after 1039 receipt of the offer of sale. 1040 (7)The landlord has the burden of proof to establish that 1041 an offer of sale under this section is a bona fide offer of 1042 sale. 1043 Section 17.Section 83.676, Florida Statutes, is created to 1044 read: 1045 83.676Early termination of rental agreement by a victim of 1046 domestic violence, dating violence, sexual violence, or 1047 stalking; lock changing. 1048 (1)As used in this section, the term: 1049 (a)Dating violence has the same meaning as in s. 1050 784.046(1)(d). 1051 (b)Domestic violence has the same meaning as in s. 1052 741.28. 1053 (c)Sexual violence has the same meaning as in s. 1054 784.046(1)(c). 1055 (d)Stalking, as described in s. 784.048(2), means 1056 willfully, maliciously, and repeatedly following, harassing, or 1057 cyberstalking another person. 1058 (2)A landlord may not terminate a rental agreement or 1059 evict a tenant for an incident involving actual or threatened 1060 domestic violence, dating violence, sexual violence, or stalking 1061 if the tenant or the tenants minor child is the victim of such 1062 actual or threatened violence or stalking. A rental agreement 1063 may not include a provision deeming that early termination of a 1064 rental agreement because of an incident involving actual or 1065 threatened domestic violence, dating violence, sexual violence, 1066 or stalking, in which the tenant or the tenants minor child is 1067 a victim and not the perpetrator, is a breach of the rental 1068 agreement. 1069 (3)(a)If a tenant or a tenants minor child is a victim of 1070 actual or threatened domestic violence, dating violence, sexual 1071 violence, or stalking during the term of a rental agreement, the 1072 tenant may, without penalty, terminate the rental agreement at 1073 any time by providing the landlord with written notice of the 1074 tenants intent to terminate the rental agreement and to vacate 1075 the premises because of such incident. The termination of the 1076 rental agreement is effective immediately upon delivery of the 1077 written notice and documentation specified in paragraph (b), if 1078 applicable, to the landlord. 1079 (b)Unless the landlord notifies the tenant that 1080 documentation is not needed, a notice of termination from the 1081 tenant required under paragraph (a) must be accompanied by 1082 documentation verifying the tenants or the tenants minor 1083 childs status as a victim of actual or threatened domestic 1084 violence, dating violence, sexual violence, or stalking, which 1085 may include: 1086 1.A copy of an injunction for protection against domestic 1087 violence, dating violence, sexual violence, or stalking issued 1088 to the tenant as the victim or as parent of a minor victim; 1089 2.A copy of an order of no contact or a criminal 1090 conviction entered by a court in a criminal case in which the 1091 defendant was charged with a crime relating to domestic 1092 violence, dating violence, sexual violence, or stalking against 1093 the tenant or the tenants minor child; 1094 3.A written verification from a domestic violence center 1095 certified under chapter 39 or a rape crisis center as defined in 1096 s. 794.055(2) which states that the tenant or the tenants minor 1097 child is a victim of actual or threatened domestic violence, 1098 dating violence, sexual violence, or stalking; or 1099 4.A copy of a law enforcement report documenting an 1100 incident of actual or threatened domestic violence, dating 1101 violence, sexual violence, or stalking against the tenant or the 1102 tenants minor child. 1103 (c)A notice of termination from the tenant required under 1104 paragraph (a) must be provided by certified mail or hand 1105 delivery to the landlord, a person authorized to receive notices 1106 on behalf of the landlord under s. 83.50, a resident manager, or 1107 the person or entity that collects the rent on behalf of the 1108 landlord. 1109 (d)If a rental agreement with a specific duration is 1110 terminated by a tenant under this subsection less than 30 days 1111 before the end of the rental agreement, the tenant is liable for 1112 the rent for the remaining period of the rental agreement. If a 1113 rental agreement with a specific duration is terminated by a 1114 tenant under this subsection 30 or more days before the end of 1115 the rental agreement, the tenant is liable for prorated rent for 1116 a period of 30 days immediately following delivery of the notice 1117 of termination. After compliance with this paragraph, the tenant 1118 is released from any further obligation to pay rent, 1119 concessions, damages, fees, or penalties, and the landlord is 1120 not entitled to the remedies provided in s. 83.595. 1121 (e)If a rental agreement is terminated by a tenant under 1122 this subsection, the landlord must comply with s. 83.49(3). A 1123 tenant who terminates a rental agreement under this subsection 1124 does not forfeit any deposit money or advance rent paid to the 1125 landlord. 1126 (f)This subsection does not affect a tenants liability 1127 for unpaid rent or other amounts owed to the landlord before the 1128 termination of the rental agreement under this subsection. 1129 (g)If the perpetrator of actual or threatened domestic 1130 violence, dating violence, sexual violence, or stalking is also 1131 a tenant under the same rental agreement as the tenant who is a 1132 victim, or whose minor child is a victim, of such actual or 1133 threatened violence or stalking, neither the perpetrators 1134 liability for rent nor his or her other obligations under the 1135 rental agreement are terminated under this subsection, and the 1136 landlord is entitled to the rights and remedies provided by this 1137 part against the perpetrator. 1138 (4)(a)A tenant or a tenants minor child who is a victim 1139 of actual or threatened domestic violence, dating violence, 1140 sexual violence, or stalking and who wishes to remain in the 1141 dwelling unit may make a written request to the landlord 1142 accompanied by any one of the documents listed in paragraph 1143 (3)(b), and the landlord shall, within 24 hours after receipt of 1144 the request, change the locks of the tenants dwelling unit and 1145 provide the tenant with a key to the new locks. 1146 (b)If the landlord fails to change the locks within 24 1147 hours, the tenant may change the locks without the landlords 1148 permission, notwithstanding any contrary provision in the rental 1149 agreement or other applicable rules or regulations imposed by 1150 the landlord, if all of the following conditions have been met: 1151 1.The locks are changed in like manner as if the landlord 1152 had changed the locks, with locks of similar or better quality 1153 than the original locks. 1154 2.The landlord is notified within 24 hours after the 1155 changing of the locks. 1156 3.The landlord is provided a key to the new locks within a 1157 reasonable time. 1158 (c)If the locks are changed under this subsection, the 1159 landlord is not liable to any person who does not have access to 1160 the dwelling unit. 1161 (5)A landlord may not refuse to enter into a rental 1162 agreement for a dwelling unit, refuse to negotiate for the 1163 rental of a dwelling unit, make a dwelling unit unavailable, or 1164 retaliate in the rental of a dwelling unit because: 1165 (a)The tenant, prospective tenant, or minor child of the 1166 tenant or prospective tenant is a victim of actual or threatened 1167 domestic violence, dating violence, sexual violence, or 1168 stalking; or 1169 (b)The tenant or prospective tenant has previously 1170 terminated a rental agreement because of an incident involving 1171 actual or threatened domestic violence, dating violence, sexual 1172 violence, or stalking in which the tenant, prospective tenant, 1173 or minor child of the tenant or prospective tenant was a victim. 1174 1175 However, the landlord may refuse to enter into a rental 1176 agreement, negotiate for the rental of a dwelling unit, or make 1177 a dwelling unit available if the tenant or prospective tenant 1178 fails to comply with the landlords request for documentation of 1179 an incident of actual or threatened domestic violence, dating 1180 violence, sexual violence, or stalking that occurred before 1181 termination of a prior rental agreement. A landlords request 1182 for documentation is satisfied upon the tenants or prospective 1183 tenants provision of any one of the documents listed in 1184 paragraph (3)(b). 1185 (6)All information provided to a landlord under 1186 subsections (3), (4), and (5), including the fact that a tenant, 1187 prospective tenant, or a tenants or prospective tenants minor 1188 child is or was a victim of actual or threatened domestic 1189 violence, dating violence, sexual violence, or stalking, and 1190 including the tenants forwarding address, is confidential. The 1191 landlord may not enter such information into any shared database 1192 or provide the information to any other person or entity, except 1193 to the extent such disclosure is: 1194 (a)Made to a person specified in paragraph (3)(c) solely 1195 for a legitimate business purpose; 1196 (b)Requested, or consented to, in writing by the tenant or 1197 the tenants legal guardian; 1198 (c)Required for use in a judicial proceeding; or 1199 (d)Otherwise required by law. 1200 (7)A tenant or prospective tenant, on his or her own 1201 behalf or on behalf of his or her minor child, may file a civil 1202 action against a landlord for a violation of this section. A 1203 landlord who violates subsection (5) or subsection (6) is 1204 civilly liable to the victim for $1,000 for punitive damages, 1205 actual and consequential damages, and court costs, including 1206 reasonable attorney fees, unless the landlord can show that this 1207 was the landlords first violation and the violation was not 1208 committed in bad faith. Subsequent or repeated violations that 1209 are not contemporaneous with the initial violation are subject 1210 to separate awards of damages. 1211 (8)The provisions of this section may not be waived or 1212 modified by a rental agreement. 1213 Section 18.Section 83.685, Florida Statutes, is created to 1214 read: 1215 83.685Conversion of single-family homes to rental 1216 property; ownership quotas prohibited. 1217 (1)A person may not purchase a single-family home for a 1218 purpose other than residential use if the person owns 100 or 1219 more single-family homes that are used primarily for rental 1220 purposes. 1221 (2)(a)The Attorney General may conduct civil 1222 investigations and bring civil actions pursuant to this 1223 subsection. In an action brought by the Attorney General 1224 pursuant to this subsection, the court may award or impose any 1225 relief available under this subsection. 1226 (b)A person aggrieved by a violation of this section may 1227 bring an action in the circuit court against a person who 1228 acquires a single-family home in violation of this section. A 1229 court may impose civil penalties on a person that violates this 1230 section not to exceed $100 per day for each single-family home 1231 acquired in violation of this section and may award to a 1232 plaintiff that prevails in an action brought pursuant to this 1233 subsection one or more of the following remedies: 1234 1.Equitable relief. 1235 2.Damages. 1236 3.Costs and fees, including reasonable attorney fees. 1237 4.Exemplary damages in an amount equal to $50,000 or three 1238 times the total of damages, costs, and fees, whichever is 1239 greater. 1240 (c)A court may award to a defendant who prevails in an 1241 action brought pursuant to this subsection costs and fees, 1242 including reasonable attorney fees, if the court finds the 1243 action was not well grounded in fact and warranted by existing 1244 law or was interposed for any improper purpose, such as to 1245 harass or to cause unnecessary delay or needless increase in the 1246 cost of litigation. 1247 (d)In an action arising under paragraph (a) or paragraph 1248 (b), the court shall grant a motion by the Attorney General or a 1249 person aggrieved under this section for joinder of any affiliate 1250 of a defendant named in the litigation for purposes of: 1251 1.Ensuring a proper accounting regarding the total number 1252 of single-family homes owned by the named defendant and any 1253 affiliates. 1254 2.Authorizing proper enforcement, remedies, and damages. 1255 (e)If a party is unable to pay an amount awarded by the 1256 court pursuant to paragraph (b), the court may find any 1257 interested party joined pursuant to paragraph (d) jointly and 1258 severally liable for violation of this section and make the 1259 award recoverable against any or all of the joined interested 1260 parties. 1261 (f)This subsection does not limit rights and remedies 1262 available to this state or to any person under any other law and 1263 does not alter or restrict the Attorney Generals authority 1264 under this section with regard to conduct involving assertions 1265 of violations of this section. 1266 (3)For purposes of this section, the term: 1267 (a)Affiliate means a person, other than an individual, 1268 which wholly or substantially owns, is wholly or substantially 1269 owned by, or is under common ownership with another person. 1270 (b)Person means a fiduciary, a firm, an association, a 1271 partnership, a limited liability company, a corporation, or any 1272 other business entity or group acting as a unit. The term 1273 includes an officer or employee of a corporation; a member, a 1274 manager, or an employee of a limited liability company; and a 1275 member or an employee of a partnership who, as officer, 1276 employee, member, or manager, acts on behalf of the business 1277 entity with whom they are associated or an affiliate of that 1278 business entity. The term does not include a governmental 1279 entity. 1280 Section 19.Subsection (14) is added to section 163.31801, 1281 Florida Statutes, to read: 1282 163.31801Impact fees; short title; intent; minimum 1283 requirements; audits; challenges. 1284 (14)A local government may adopt by ordinance or a special 1285 district may adopt by resolution an impact fee that is charged 1286 to a developer when residents are displaced from their homes due 1287 to gentrification by the developer. The revenue generated from 1288 the impact fee must be used for affordable housing in the 1289 county, municipality, or special district that adopted such 1290 impact fee. 1291 Section 20.Section 166.0452, Florida Statutes, is created 1292 to read: 1293 166.0452Community Land Bank Program. 1294 (1)For purposes of this section, the term: 1295 (a)Affordable has the same meaning as in s. 420.0004. 1296 (b)Community housing development organization has the 1297 same meaning as in s. 420.503. 1298 (c)Community land bank plan or plan means a plan 1299 adopted by the governing body of a municipality to implement a 1300 community land bank program. 1301 (d)Community land bank program or program means the 1302 program created by a governing body of a municipality under this 1303 section. 1304 (e)Land bank means an entity established or approved by 1305 the governing body of a municipality for the purpose of 1306 acquiring, holding, and transferring unimproved real property 1307 under this section. 1308 (f)Low-income household has the same meaning as in s. 1309 420.9071. 1310 (g)Qualified organization means a community housing 1311 development organization that meets all of the following 1312 criteria: 1313 1.Contains within its designated geographical boundaries 1314 of operation, as set forth in its application for certification 1315 filed with and approved by the municipality, a portion of the 1316 property that a land bank is offering for sale. 1317 2.Has built at least three single-family homes or duplexes 1318 or one multifamily residential dwelling of four or more housing 1319 units in compliance with all applicable building codes within 1320 the preceding 2-year period and within its designated 1321 geographical boundaries of operation. 1322 3.Has developed or rehabilitated housing units within the 1323 preceding 3-year period that are within a 2-mile radius of the 1324 property that a land bank is offering for sale. 1325 (h)Qualified participating developer means a developer 1326 that meets all of the following criteria: 1327 1.Has developed three or more housing units within the 3 1328 year period preceding its submission of a proposal to the land 1329 bank seeking to acquire real property from a land bank. 1330 2.Has a development plan approved by the governing body of 1331 the municipality for the property acquired from a land bank. 1332 3.Any other requirements adopted by the governing body of 1333 the municipality in its community land bank plan. 1334 1335 The term includes a qualified organization. 1336 (i)Very-low-income household has the same meaning as in 1337 s. 420.9071. 1338 (2)The governing body of a municipality may create a 1339 community land bank program in which the person charged with 1340 selling real property pursuant to a foreclosure judgment may 1341 sell certain eligible real property by private sale for purposes 1342 of affordable housing developments. The governing body of a 1343 municipality that adopts a community land bank program shall 1344 establish or approve a land bank for the purpose of acquiring, 1345 holding, and transferring unimproved real property under this 1346 section. 1347 (3)(a)The governing body of a municipality that creates a 1348 community land bank program shall operate the program in 1349 conformance with a community land bank plan that the 1350 municipality adopts annually. The plan may be amended as needed. 1351 (b)In developing the plan, the governing body of a 1352 municipality shall consider other housing plans adopted by the 1353 governing body, including the comprehensive plan submitted to 1354 the United States Department of Housing and Urban Development 1355 and all fair housing plans and policies adopted or agreed to by 1356 the governing body. 1357 (c)The plan must include, at a minimum, all of the 1358 following: 1359 1.A list of community housing development organizations 1360 eligible to participate in the right of first refusal under 1361 subsection (6). The plan must also include the time period 1362 during which the right of first refusal may be exercised, which 1363 time period must be at least 9 months but not more than 26 1364 months after the date of the deed of conveyance of the property 1365 to the land bank. 1366 2.A right of first refusal for any other nonprofit 1367 corporation exempted from federal income tax under s. 501(c)(3) 1368 of the United States Internal Revenue Code if the preeminent 1369 right of first refusal is provided to qualified organizations as 1370 provided in subsection (6). 1371 3.A list of the parcels of real property that may be 1372 eligible for sale to the land bank during the next year. 1373 4.The municipalitys plan for the development of 1374 affordable housing on those parcels of real property. 1375 5.The sources and amounts of money the municipality 1376 anticipates to be available for subsidies for the development of 1377 affordable housing in the municipality, including any money 1378 specifically available for housing developed under the program, 1379 as approved by the governing body of the municipality at the 1380 time the plan is adopted. 1381 6.The amount of additional time, if any, that a property 1382 may be held in the land bank once an offer has been received 1383 from a qualified participating developer and accepted by the 1384 land bank. 1385 (4)(a)Before the adoption of a plan, the governing body of 1386 a municipality must hold a public hearing on the proposed plan. 1387 (b)The city manager or his or her designee must provide 1388 notice of the public hearing to all community housing 1389 development organizations and to the neighborhood associations 1390 identified by the governing body of the municipality as serving 1391 the neighborhoods in which properties anticipated to be 1392 available for sale to the land bank under this section are 1393 located. 1394 (c)The city manager or his or her designee must make 1395 copies of the proposed plan available to the public at least 60 1396 days before the date of the public hearing. 1397 (5)(a)Except as provided in paragraph (f), property that 1398 is ordered sold pursuant to a foreclosure judgment may be sold 1399 in a private sale to a land bank by the person charged with the 1400 sale of the property without first offering the property for 1401 sale as otherwise provided in chapter 45 if all of the following 1402 apply: 1403 1.The market value of the property as specified in the 1404 judgment of foreclosure is less than the total amount due under 1405 the judgment, including all taxes, penalties, and interest, plus 1406 the value of nontax liens held by a taxing unit and awarded by 1407 the judgment, court costs, and the cost of the sale. 1408 2.The property is not improved with a building or 1409 buildings. 1410 3.There are delinquent taxes on the property for a total 1411 of at least 5 years. 1412 4.The governing body of the municipality has executed an 1413 interlocal agreement with the other taxing units that are 1414 parties to the foreclosure proceeding which enables those taxing 1415 units to agree to participate in the program while retaining the 1416 right to withhold consent to the sale of the specific properties 1417 to the land bank. 1418 (b)A sale of property for use in connection with the 1419 program is a sale for a public purpose. 1420 (c)If the person being sued in a foreclosure proceeding 1421 does not contest the market value of the property in the 1422 proceeding, the person waives the right to challenge the amount 1423 of the market value determined by the court for purposes of the 1424 sale of the property under s. 45.031. 1425 (d)For any sale of property under this section, the person 1426 charged with the sale of the property must provide each person 1427 who was a defendant to the judgment, or that persons attorney, 1428 written notice at least 90 days before the date of the proposed 1429 sale of the property. Such notice must be given in accordance 1430 with the Florida Rules of Civil Procedure. 1431 (e)After receipt of the notice required under paragraph 1432 (d) and before the date of the proposed sale, the owner of the 1433 property subject to the sale may file with the person charged 1434 with the sale a written request that the property not be sold in 1435 the manner provided under this section. 1436 (f)If the person charged with the sale receives a written 1437 request as provided in paragraph (e), the person must sell the 1438 property as otherwise provided in chapter 45. 1439 (g)The owner of the property subject to the sale may not 1440 receive any proceeds of a sale under this section and does not 1441 have any personal liability for a deficiency of the judgment as 1442 a result of a sale under this section. 1443 (h)If consent is given by the taxing units that are a 1444 party to the judgment, property may be sold to a land bank for 1445 less than the market value of the property as specified in the 1446 judgment or less than the total of all taxes, penalties, and 1447 interest, plus the value of nontax liens held by a taxing unit 1448 and awarded by the judgment, court costs, and the cost of the 1449 sale. 1450 (i)The deed of conveyance of the property sold to a land 1451 bank under this section conveys to the land bank the right, 1452 title, and interest in the property acquired or held by each 1453 taxing unit that was a party to the judgment, subject to the 1454 right of redemption. 1455 (6)After receiving the deed of conveyance of the property, 1456 a land bank must first offer the property for sale to qualified 1457 organizations. 1458 (a)A land bank must provide notice to qualified 1459 organizations by certified mail, return receipt requested, at 1460 least 60 days before the beginning of the time period in which a 1461 right of first refusal may be exercised according to a 1462 municipalitys community land bank plan. 1463 (b)If a land bank conveys the property to a qualified 1464 organization before the expiration of the time period specified 1465 by the community land bank plan, the interlocal agreement 1466 executed under subparagraph (5)(a)4. must provide tax abatement 1467 for the property until the expiration of the time period. 1468 (c)During the right of first refusal time period, a land 1469 bank may not sell the property to a qualified participating 1470 developer other than a qualified organization. If all qualified 1471 organizations notify the land bank that they are declining to 1472 exercise their right of first refusal during the applicable time 1473 period, the land bank may sell the property to any other 1474 qualified participating developer at the same price that the 1475 land bank offered the property to the qualified organizations. 1476 (d)If more than one qualified organization expresses an 1477 interest in exercising its right of first refusal, the 1478 organization that has the most geographically compact area 1479 encompassing a portion of the property as designated in its 1480 application for certification is given priority. 1481 (e)A land bank is not required to provide a right of first 1482 refusal to qualified organizations under this section if the 1483 land bank is selling property that reverted to the land bank as 1484 provided under subsection (7). 1485 (7)Each subsequent resale of property acquired by a land 1486 bank under this section must comply with the conditions of this 1487 subsection. 1488 (a)A land bank must sell a property to a qualified 1489 participating developer within 3 years after receiving the deed 1490 of conveyance of the property for the purpose of construction of 1491 affordable housing for sale or rent to low-income households or 1492 very-low-income households. If the land bank has not sold the 1493 property within those 3 years, the property must be transferred 1494 from the land bank back to the taxing units that were parties to 1495 the foreclosure judgment for disposition as otherwise allowed 1496 under law. 1497 (b)The number of properties acquired by a qualified 1498 participating developer under this section on which development 1499 has not been completed may not at any time exceed three times 1500 the annual average residential production completed by the 1501 qualified participating developer during the preceding 2-year 1502 period, as determined by the governing body of the municipality. 1503 In its community land bank plan, the governing body of the 1504 municipality may increase the number of properties a qualified 1505 participating developer may acquire. 1506 (c)The deed conveying a property sold by a land bank must 1507 include a right of reverter so that, if the qualified 1508 participating developer does not apply for a construction permit 1509 and close on any construction financing within 2 years after the 1510 date of the conveyance of the property from the land bank to the 1511 qualified participating developer, the property reverts to the 1512 land bank for subsequent resale to another qualified 1513 participating developer or conveyance to the taxing units as 1514 required under paragraph (a). 1515 (d)The proceeds from sales under this section must be 1516 reinvested in the community land bank program. 1517 (8)(a)A land bank must impose deed restrictions on 1518 property sold to qualified participating developers requiring 1519 the development and sale or rental of the property to low-income 1520 households and very-low-income households. 1521 (b)At least 25 percent of a land banks properties sold 1522 during any given fiscal year to be developed for sale must be 1523 deed restricted for sale to households whose total annual 1524 household income does not exceed 60 percent of the area median 1525 income, adjusted for household size, for the metropolitan 1526 statistical area in which the municipality is located, as 1527 determined annually by the United States Department of Housing 1528 and Urban Development. 1529 (c)1.If the property sold is to be developed for rental 1530 units, the deed restrictions must last for at least 20 years and 1531 prohibit the exclusion of a person or family from admission to 1532 the development based solely on the participation of the person 1533 or family in the Housing Choice Voucher Program under s. 8 of 1534 the United States Housing Act of 1937, as amended. Additionally, 1535 the deed restrictions must require: 1536 a.That 100 percent of the rental units be occupied by and 1537 affordable to households whose total annual household income 1538 does not exceed 60 percent of the area median income, adjusted 1539 for household size, for the metropolitan statistical area in 1540 which the municipality is located, as determined annually by the 1541 United States Department of Housing and Urban Development; 1542 b.That 40 percent of the rental units be occupied by and 1543 affordable to households whose total annual household income 1544 does not exceed 50 percent of the area median income, adjusted 1545 for household size, for the metropolitan statistical area in 1546 which the municipality is located, as determined annually by the 1547 United States Department of Housing and Urban Development; or 1548 c.That 20 percent of the rental units be occupied by and 1549 affordable to households whose total annual household income 1550 does not exceed 30 percent of the area median income, adjusted 1551 for household size, for the metropolitan statistical area in 1552 which the municipality is located, as determined annually by the 1553 United States Department of Housing and Urban Development. 1554 2.The owner of a development with deed restrictions 1555 required under this paragraph must file an annual occupancy 1556 report with the municipality on a form adopted by the governing 1557 body of the municipality. 1558 (d)Except as otherwise provided in this section, if the 1559 deed restrictions imposed under this subsection are for a number 1560 of years, the deed restrictions must renew automatically. 1561 (e)A land bank or the governing body of a municipality may 1562 modify or add to the deed restrictions imposed under this 1563 subsection. Any modifications or additions made by the governing 1564 body of the municipality must be adopted by the governing body 1565 as part of its community land bank plan and must comply with the 1566 restrictions in this subsection. 1567 (9)(a)A land bank must keep accurate minutes of its 1568 meetings and accurate records and books of account that conform 1569 with generally accepted principles of accounting and that 1570 clearly reflect the income and expenses of the land bank and all 1571 transactions in relation to its property. 1572 (b)A land bank must maintain in its records for inspection 1573 a copy of the sale settlement statement for each property sold 1574 by a qualified participating developer and a copy of the first 1575 page of the mortgage note with the interest rate and indicating 1576 the volume and page number of the instrument as filed with the 1577 county clerk. 1578 (c)Within 90 days after the close of its fiscal year, a 1579 land bank must file with the municipality an annual audited 1580 financial statement prepared by a certified public accountant. 1581 The financial transactions of the land bank are subject to audit 1582 by the municipality. 1583 (d)For purposes of evaluating the effectiveness of the 1584 program, a land bank must submit an annual performance report to 1585 the municipality by November 1 of each year in which the land 1586 bank acquires or sells property under this section. The 1587 performance report must include all of the following: 1588 1.A complete and detailed written accounting of all money 1589 and properties received and disbursed by the land bank during 1590 the preceding fiscal year. 1591 2.For each property acquired by the land bank during the 1592 preceding fiscal year: 1593 a.The street address of the property. 1594 b.The legal description of the property. 1595 c.The date on which the land bank took title to the 1596 property. 1597 d.The full name and street address of the property owner 1598 of record at the time of the foreclosure proceeding. 1599 3.For each property sold by the land bank to a qualified 1600 participating developer during the preceding fiscal year: 1601 a.The street address of the property. 1602 b.The legal description of the property. 1603 c.The full name and mailing address of the developer. 1604 d.The purchase price paid by the developer. 1605 e.The maximum incomes allowed for the households by the 1606 terms of the sale. 1607 f.The source and amount of any public subsidy provided by 1608 the municipality to facilitate the sale or rental of the 1609 property to a household within the targeted income range. 1610 4.For each property sold by a qualified participating 1611 developer during the preceding fiscal year, the buyers 1612 household income and a description of all use and sale 1613 restrictions. 1614 5.For each property developed for rental units with an 1615 active deed restriction, a copy of the most recent annual report 1616 filed by the owner of the land bank. 1617 (e)A land bank must provide copies of the performance 1618 report to the taxing units that were parties to the judgment of 1619 foreclosure and provide notice of the availability of the 1620 performance report for review to the organizations and 1621 neighborhood associations identified by the governing body of 1622 the municipality as serving the neighborhoods in which 1623 properties sold to the land bank under this section are located. 1624 (f)The land bank and municipality must maintain copies of 1625 all performance reports and make such reports available for 1626 public review. 1627 (10)This section does not apply to property acquired 1628 through an eminent domain action. 1629 Section 21.Subsection (1) of section 196.061, Florida 1630 Statutes, is amended to read: 1631 196.061Rental of homestead to constitute abandonment. 1632 (1)(a)Except as provided in paragraph (b), the rental of 1633 all or substantially all of a dwelling previously claimed to be 1634 a homestead for tax purposes shall constitute the abandonment of 1635 such dwelling as a homestead, and the abandonment continues 1636 until the dwelling is physically occupied by the owner. However, 1637 such abandonment of the homestead after January 1 of any year 1638 does not affect the homestead exemption for tax purposes for 1639 that particular year unless the property is rented for more than 1640 30 days per calendar year for 2 consecutive years. 1641 (b)The rental of any portion of a dwelling previously 1642 claimed to be a homestead for tax purposes does not constitute 1643 abandonment if the owner resides on the property. 1644 Section 22.Section 201.025, Florida Statutes, is created 1645 to read: 1646 201.025Tax on deeds relating to residential property 1647 purchased by private equity firms. 1648 (1)When a deed, an instrument, or any other writing for a 1649 residential single-family dwelling, a manufactured home, or an 1650 apartment complex is granted, assigned, transferred, or 1651 otherwise conveyed to a purchaser that is a private equity firm 1652 or corporation that has at least $20 million in assets, the tax 1653 is $100 on each $100 of the consideration. 1654 (2)All documentary stamp tax revenues generated under this 1655 section must be deposited into the Florida Affordable Housing 1656 Trust Fund. 1657 (3)Taxes imposed by this section do not apply to an 1658 assignment, a deed, a transfer, a conveyance, or any other 1659 disposition that arises out of a transfer of real property if 1660 the purchaser is: 1661 (a)A nonprofit organization as defined in s. 201.02(6). 1662 (b)A government entity as defined in s. 768.295(2). 1663 (c)A person purchasing such real property pursuant to a 1664 government program to provide housing to low-income persons as 1665 defined in s. 420.0004(11). 1666 Section 23.Section 220.1851, Florida Statutes, is created 1667 to read: 1668 220.1851Retail-to-residence tax credit. 1669 (1)As used in this section, the term: 1670 (a)Credit period means the period of 5 years beginning 1671 with the year a project is completed. 1672 (b)Designated project means a qualified project 1673 designated pursuant to s. 420.50931 to receive the tax credit 1674 under this section. 1675 (c)Qualified project means a project to redevelop a 1676 structure that was originally developed as a shopping center to 1677 provide appropriate and affordable workforce housing. 1678 (d)Shopping center means an area designed to provide 1679 space for multiple storefronts within a single building or 1680 sharing a common parking lot. 1681 (2)(a)There shall be allowed a tax credit of up to 9 1682 percent, but no more than necessary to make the project 1683 feasible, of the total cost of a designated project for each 1684 year of the credit period against any tax due for a taxable year 1685 under this chapter. 1686 (b)The tax credit shall be allocated among designated 1687 projects by the Florida Housing Finance Corporation as provided 1688 in s. 420.50931. 1689 (c)A tax credit allocated to a designated project may be 1690 subject to transfer by the recipient. Such transferred credits 1691 may not be transferred again. The department shall adopt rules 1692 necessary to administer this paragraph. 1693 Section 24.Section 420.50931, Florida Statutes, is created 1694 to read: 1695 420.50931Retail-to-residence Tax Credit Program. 1696 (1)There is created the Retail-to-residence Tax Credit 1697 Program for the purpose of redeveloping shopping centers into 1698 appropriate and affordable workforce housing. 1699 (2)The corporation shall determine those qualified 1700 projects, as defined in s. 220.1851(1), which shall be 1701 considered designated projects under s. 220.1851 and eligible 1702 for the corporate tax credit under that section. The corporation 1703 shall establish procedures necessary for proper allocation and 1704 distribution of tax credits, including the establishment of 1705 criteria for ensuring that the housing is appropriate and 1706 affordable for the workers of the state, and may exercise all 1707 powers necessary to administer the allocation of such credits. 1708 The board of directors of the corporation shall administer the 1709 allocation procedures and determine allocations on behalf of the 1710 corporation. The corporation shall prepare an annual plan, which 1711 must be approved by the Governor, containing general guidelines 1712 for the allocation of tax credits to designated projects. 1713 (3)The corporation shall adopt allocation procedures to 1714 ensure that tax credits are used in a fair manner, taking into 1715 consideration the timeliness of the application, the location of 1716 the proposed project, the relative need in the area for 1717 appropriate and affordable workforce housing and the 1718 availability of such housing, the economic feasibility of the 1719 proposed project, and the ability of the applicant to complete 1720 the proposed project in the calendar year for which the tax 1721 credit is sought. 1722 (4)(a)A taxpayer who wishes to participate in the Retail 1723 to-residence Tax Credit Program must submit an application for 1724 tax credit to the corporation. The application must identify the 1725 proposed project and the location of the proposed project and 1726 include evidence that the proposed project is a qualified 1727 project as defined in s. 220.1851(1). The corporation may 1728 request any information from an applicant necessary to enable 1729 the corporation to allocate tax credits pursuant to the 1730 procedures adopted under subsection (3). 1731 (b)The corporations approval of an application for a 1732 project must be in writing and include a statement of the 1733 maximum tax credit that may be granted to the applicant. 1734 Section 25.Section 420.5098, Florida Statutes, is created 1735 to read: 1736 420.5098Affordable Housing Construction Loan Program. 1737 (1)The Affordable Housing Construction Loan Program is 1738 created to encourage the new construction of affordable homes 1739 for purchase by low-income to moderate-income homebuyers by 1740 providing a revolving line of construction funding. 1741 (2)The corporation may provide loans under the program to 1742 applicants for construction of affordable housing. Applicants 1743 may draw from the loan up to five times per home. All homes must 1744 meet the requirements of the Florida Building Code or, if more 1745 stringent, local amendments to the Florida Building Code. 1746 (3)Qualified homebuyers of homes built under this program 1747 must be first-time homebuyers who earn no more than 120 percent 1748 of the area median income. 1749 (4)The corporation shall develop a loan application 1750 process for the program. 1751 (5)The corporation may adopt rules pursuant to ss. 1752 120.536(1) and 120.54 to implement this section. 1753 Section 26.This act shall take effect July 1, 2025.