Florida Senate - 2022 SB 1620
By Senator Jones
35-01497-22 20221620__
1 A bill to be entitled
2 An act relating to residential tenancies; creating s.
3 83.455, F.S.; providing requirements for rental
4 agreements; defining the term “emergency declaration
5 period”; amending s. 83.46, F.S.; requiring a landlord
6 to provide written notice of a rent increase to a
7 tenant by a specified time; requiring such notice to
8 include an option for mediation under certain
9 circumstances; amending s. 83.47, F.S.; providing that
10 certain provisions in a rental agreement are void and
11 unenforceable; amending s. 83.48, F.S.; providing that
12 a tenant has a cause of action for actual and punitive
13 damages under certain circumstances; providing that
14 certain persons can bring a cause of action on behalf
15 of a tenant; amending s. 83.49, F.S.; deleting the
16 option for a landlord to deposit certain money into a
17 non-interest-bearing account; revising written notice
18 requirements to tenants; providing for damages if a
19 landlord fails to meet certain requirements; making
20 technical changes; amending s. 83.51, F.S.; requiring
21 a landlord to inspect a dwelling unit at a specified
22 time to ensure compliance with applicable codes;
23 amending s. 83.54, F.S.; requiring a court to dismiss
24 eviction complaints in certain actions under specified
25 circumstances; requiring a landlord to assist a tenant
26 in having certain records removed from the tenant’s
27 credit report under certain circumstances; amending s.
28 83.56, F.S.; revising and providing grounds for
29 termination of a rental agreement; adjusting the
30 number of days a tenant has to vacate the premises
31 after a certain notice is delivered; revising when a
32 landlord may terminate a rental agreement if the
33 tenant fails to pay rent; amending s. 83.60, F.S.;
34 removing a provision that waives a tenant’s defenses
35 other than payment and entitles a landlord to an
36 immediate default judgment for removal of a tenant if
37 the tenant fails to take certain actions in an action
38 by the landlord for possession of a dwelling unit;
39 amending s. 83.67, F.S.; prohibiting a landlord from
40 engaging in certain conduct; defining terms;
41 conforming a provision to changes made by the act;
42 creating s. 83.675, F.S.; defining terms; requiring a
43 landlord to give tenants a specified amount of time to
44 purchase a dwelling unit or premises under certain
45 circumstances; providing requirements for an offer of
46 sale; authorizing a tenant to challenge an offer of
47 sale; creating s. 83.676, F.S.; defining terms;
48 prohibiting a landlord from terminating a rental
49 agreement or evicting a tenant because the tenant or
50 the tenant’s minor child is a victim of actual or
51 threatened domestic violence, dating violence, sexual
52 violence, or stalking; specifying that a rental
53 agreement may not contain certain provisions;
54 authorizing a victim of such actual or threatened
55 violence or stalking to terminate a rental agreement
56 under certain circumstances; requiring certain
57 documentation and written notice to the landlord;
58 providing an exception; specifying that a tenant does
59 not forfeit certain money paid to the landlord for
60 terminating the rental agreement under certain
61 circumstances; providing for liability for rent for
62 both the tenant and the perpetrator, if applicable;
63 requiring a landlord to change the locks of the
64 dwelling unit within a specified period under certain
65 circumstances; authorizing the tenant to change the
66 locks of the dwelling unit under certain
67 circumstances; prohibiting certain actions by a
68 landlord under certain circumstances; providing an
69 exception; specifying that certain information a
70 landlord receives is confidential; prohibiting the
71 landlord from using the confidential information in a
72 specified manner; providing exceptions; providing a
73 civil remedy for a tenant and the award of certain
74 damages, costs, and fees under certain circumstances;
75 specifying that certain provisions may not be waived
76 or modified by a rental agreement; amending s. 83.681,
77 F.S.; conforming provisions to changes made by the
78 act; creating s. 83.684, F.S.; tolling specified time
79 periods for certain evictions; requiring a court to
80 stay certain eviction proceedings; defining the term
81 “emergency declaration period”; prohibiting a landlord
82 from evicting a tenant or removing personal property
83 under certain circumstances; providing an effective
84 date.
85
86 Be It Enacted by the Legislature of the State of Florida:
87
88 Section 1. Section 83.455, Florida Statutes, is created to
89 read:
90 83.455 Rental agreements.—
91 (1) Within 3 days after entering into, extending, or
92 renewing a rental agreement, a tenant must be provided a copy of
93 the rental agreement. The rental agreement must be written in
94 plain language and, at the tenant’s request, translated into the
95 preferred language of the tenant.
96 (2) Notwithstanding any other law, all rental agreements
97 entered into, extended, or renewed on or after July 1, 2022,
98 must include the following provisions:
99 (a) Before a private sale or transfer of title of the
100 dwelling unit or the premises on which the dwelling unit is
101 located, a landlord must provide the tenant with the right of
102 first refusal to purchase the dwelling unit or premises as
103 provided under s. 83.675.
104 (b) If a landlord chooses not to extend or renew a rental
105 agreement, he or she must provide the tenant a written
106 explanation for such decision.
107 (c) If a tenant has occupied the dwelling unit or premises
108 for longer than 6 months, the landlord may not terminate the
109 rental agreement without just cause.
110 (d) A state of emergency declared by the President of the
111 United States, the Governor, or a local authority tolls any
112 statutory time periods relating to the eviction of a residential
113 tenant under this part who lives within the geographic
114 boundaries of the state of emergency during the emergency
115 declaration period. For purposes of this paragraph, the term
116 “emergency declaration period” includes the period of time
117 stated in the declaration of the state of emergency, any
118 extensions thereof, and up to 15 days after the expiration of
119 such period of time.
120 (e) During a state of emergency declared by the President
121 of the United States, the Governor, or a local authority, a
122 tenant may install wind resistance improvements under s. 163.08
123 at the dwelling unit.
124 Section 2. Subsection (4) is added to section 83.46,
125 Florida Statutes, to read:
126 83.46 Rent; duration of tenancies.—
127 (4) A landlord must provide to a tenant a written notice,
128 by certified mail or hand delivery, of a planned rent increase
129 at least 30 days before the date a rental agreement is required
130 to be renewed. If the rent increase is more than 5 percent, the
131 landlord must provide notice, by certified mail or hand
132 delivery, at least 3 months before such date. If the rent
133 increase is more than 5 percent, the notice must also contain a
134 statement that the tenant may elect to participate in nonbinding
135 mediation by providing written notice to the landlord, by
136 certified mail or hand delivery, within 14 days after receipt of
137 the notice of the rent increase. For a tenancy without a
138 specific duration, the landlord must provide written notice, by
139 certified mail or hand delivery, of a planned rent increase
140 within the timeframes provided in s. 83.57.
141 Section 3. Paragraph (c) is added to subsection (1) of
142 section 83.47, Florida Statutes, to read:
143 83.47 Prohibited provisions in rental agreements.—
144 (1) A provision in a rental agreement is void and
145 unenforceable to the extent that it:
146 (c) Purports that early termination of a rental agreement
147 because of an incident involving actual or threatened domestic
148 violence, dating violence, sexual violence, or stalking, in
149 which the tenant or the tenant’s minor child is a victim and not
150 the perpetrator, is a breach of the rental agreement.
151 Section 4. Section 83.48, Florida Statutes, is amended to
152 read:
153 83.48 Cause of action; attorney fees.—
154 (1) A tenant specified in this chapter has a cause of
155 action in any court of competent jurisdiction to recover actual
156 and punitive damages for any violation of this part and for any
157 depravation or infringement of the rights of the tenant. A
158 tenant’s guardian or the personal representative of a tenant’s
159 estate may bring a cause of action under this part.
160 (2) In any civil action brought to enforce the provisions
161 of the rental agreement or this part, the party in whose favor a
162 judgment or decree has been rendered may recover reasonable
163 attorney fees and court costs from the nonprevailing party. The
164 right to attorney fees in this section may not be waived in a
165 lease agreement. However, attorney fees may not be awarded under
166 this section in a claim for personal injury damages based on a
167 breach of duty under s. 83.51.
168 Section 5. Subsections (1), (2), (3), and (5) through (9)
169 of section 83.49, Florida Statutes, are amended to read:
170 83.49 Deposit money or advance rent; duty of landlord and
171 tenant.—
172 (1) Whenever money is deposited or advanced by a tenant on
173 a rental agreement as security for performance of the rental
174 agreement or as advance rent for other than the next immediate
175 rental period, the landlord or the landlord’s agent shall
176 either:
177 (a) Hold the total amount of such money in a separate non
178 interest-bearing account in a Florida banking institution for
179 the benefit of the tenant or tenants. The landlord shall not
180 commingle such moneys with any other funds of the landlord or
181 hypothecate, pledge, or in any other way make use of such moneys
182 until such moneys are actually due the landlord;
183 (b) Hold the total amount of such money in a separate
184 interest-bearing account in a Florida banking institution for
185 the benefit of the tenant or tenants, in which case the tenant
186 shall receive and collect interest in an amount of at least 75
187 percent of the annualized average interest rate payable on such
188 account or interest at the rate of 5 percent at the end of the
189 calendar per year, simple interest, whichever the landlord
190 elects. The landlord may shall not commingle such moneys with
191 any other funds of the landlord or hypothecate, pledge, or in
192 any other way make use of such moneys until such moneys are
193 actually due the landlord; or
194 (b)(c) Post a surety bond, executed by the landlord as
195 principal and a surety company authorized and licensed to do
196 business in the state as surety, with the clerk of the circuit
197 court in the county in which the dwelling unit is located in the
198 total amount of the security deposits and advance rent he or she
199 holds on behalf of the tenant tenants or $50,000, whichever is
200 less. The bond is shall be conditioned upon the faithful
201 compliance of the landlord with the provisions of this section
202 and runs shall run to the Governor for the benefit of any tenant
203 injured by the landlord’s violation of the provisions of this
204 section. In addition to posting the surety bond, the landlord
205 shall pay to the tenant interest at the rate of 5 percent per
206 year, simple interest. A landlord, or the landlord’s agent,
207 engaged in the renting of dwelling units in five or more
208 counties, who holds deposit moneys or advance rent and who is
209 otherwise subject to the provisions of this section, may, in
210 lieu of posting a surety bond in each county, elect to post a
211 surety bond in the form and manner provided in this paragraph
212 with the office of the Secretary of State. The bond shall be in
213 the total amount of the security deposit or advance rent held on
214 behalf of the tenant tenants or in the amount of $250,000,
215 whichever is less. The bond is shall be conditioned upon the
216 faithful compliance of the landlord with the provisions of this
217 section and runs shall run to the Governor for the benefit of
218 any tenant injured by the landlord’s violation of this section.
219 In addition to posting a surety bond, the landlord shall pay to
220 the tenant interest on the security deposit or advance rent held
221 on behalf of that tenant at the rate of 5 percent per year,
222 simple interest.
223 (2) The landlord shall, in the rental lease agreement or
224 within 30 days after receipt of advance rent or a security
225 deposit, give written notice to the tenant which includes
226 disclosure of the advance rent or security deposit. Subsequent
227 to providing such written notice, if the landlord changes the
228 manner or location in which he or she is holding the advance
229 rent or security deposit, he or she must notify the tenant
230 within 30 days after the change as provided in paragraphs (a)
231 (d). The landlord is not required to give new or additional
232 notice solely because the depository has merged with another
233 financial institution, changed its name, or transferred
234 ownership to a different financial institution. This subsection
235 does not apply to any landlord who rents fewer than five
236 individual dwelling units. Failure to give this notice is not a
237 defense to the payment of rent when due. The written notice
238 must:
239 (a) Be given in person or by mail to the tenant.
240 (b) State the name and address of the depository where the
241 advance rent or security deposit is being held or state that the
242 landlord has posted a surety bond as provided by law.
243 (c) State that whether the tenant is entitled to interest
244 on the advance rent or security deposit and the amount of the
245 interest.
246 (d) Contain the following disclosure:
247
248 YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF
249 CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE
250 RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND
251 WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE
252 LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN
253 SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD
254 MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE
255 OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM
256 AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE
257 LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15
258 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE
259 LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE
260 REMAINING DEPOSIT AND INTEREST, IF ANY.
261
262 IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE
263 LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A
264 LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY
265 OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE
266 DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A
267 REFUND.
268
269 YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
270 BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
271 FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND
272 ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
273
274 THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF
275 CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL
276 RIGHTS AND OBLIGATIONS.
277
278 (3) The landlord or the landlord’s agent may disburse
279 advance rents from the deposit account to the landlord’s benefit
280 when the advance rental period commences and without notice to
281 the tenant. For all other deposits:
282 (a) Upon the vacating of the premises for termination of
283 the rental agreement lease, if the landlord does not intend to
284 impose a claim on the security deposit, the landlord shall have
285 15 days to return the security deposit together with interest
286 within 15 days after the tenant vacates the premises. if
287 otherwise required, or The landlord has shall have 30 days after
288 the tenant vacates the premises to give the tenant written
289 notice by certified mail to the tenant’s last known mailing
290 address of his or her intention to impose a claim on the deposit
291 and the reason for imposing the claim. The notice shall contain
292 a statement in substantially the following form:
293
294 This is a notice of my intention to impose a claim for
295 damages in the amount of .... upon your security deposit, due to
296 ..... It is sent to you as required by s. 83.49(3), Florida
297 Statutes. You are hereby notified that you must object in
298 writing to this deduction from your security deposit within 15
299 days from the time you receive this notice or I will be
300 authorized to deduct my claim from your security deposit. Your
301 objection must be sent to ...(landlord’s address)....
302
303 If the landlord fails to give the required notice within the 30
304 day period, he or she forfeits the right to impose a claim upon
305 the security deposit and may not seek a setoff against the
306 deposit but may file an action for damages after return of the
307 deposit.
308 (b) Unless the tenant objects to the imposition of the
309 landlord’s claim or the amount thereof within 15 days after
310 receipt of the landlord’s notice of intention to impose a claim,
311 the landlord may then deduct the amount of his or her claim and
312 shall remit the balance of the deposit and any interest to the
313 tenant within 30 days after the date of the notice of intention
314 to impose a claim for damages. The failure of the tenant to make
315 a timely objection does not waive any rights of the tenant to
316 seek damages in a separate action.
317 (c) If either party institutes an action in a court of
318 competent jurisdiction to adjudicate the party’s right to the
319 security deposit, the prevailing party is entitled to receive
320 his or her court costs plus a reasonable fee for his or her
321 attorney. If a court finds that the landlord failed to meet the
322 requirements of this section, the court must award the tenant
323 damages equal to three times the amount of the tenant’s security
324 deposit. The court shall advance the cause on the calendar.
325 (d) Compliance with this section by an individual or
326 business entity authorized to conduct business in this state,
327 including Florida-licensed real estate brokers and sales
328 associates, constitutes compliance with all other relevant
329 Florida Statutes pertaining to security deposits held pursuant
330 to a rental agreement or other landlord-tenant relationship.
331 Enforcement personnel shall look solely to this section to
332 determine compliance. This section prevails over any conflicting
333 provisions in chapter 475 and in other sections of the Florida
334 Statutes, and shall operate to permit licensed real estate
335 brokers to disburse security deposits and deposit money without
336 having to comply with the notice and settlement procedures
337 contained in s. 475.25(1)(d).
338 (5) Except when otherwise provided by the terms of a
339 written rental agreement lease, any tenant who vacates or
340 abandons the premises before prior to the expiration of the term
341 specified in the written rental agreement lease, or any tenant
342 who vacates or abandons premises which are the subject of a
343 tenancy from week to week, month to month, quarter to quarter,
344 or year to year, shall give at least 7 days’ written notice,
345 which notice must include the address at which the tenant may be
346 reached, by certified mail or personal delivery to the landlord
347 before prior to vacating or abandoning the premises which notice
348 shall include the address where the tenant may be reached.
349 Failure to give such notice relieves shall relieve the landlord
350 of the notice requirement of paragraph (3)(a) but does shall not
351 waive any right the tenant may have to the security deposit or
352 interest or any part of it.
353 (6) For the purposes of this part, a renewal of an existing
354 rental agreement is shall be considered a new rental agreement,
355 and any security deposit carried forward is shall be considered
356 a new security deposit.
357 (7) Upon the sale or transfer of title of the rental
358 property from one owner to another, or upon a change in the
359 designated rental agent, any and all security deposits or
360 advance rents being held for the benefit of the tenants shall be
361 transferred to the new owner or agent, together with any earned
362 interest and with an accurate accounting showing the amounts to
363 be credited to each tenant account. Upon the transfer of such
364 funds and records to the new owner or agent, and upon
365 transmittal of a written receipt therefor, the transferor is
366 free from the obligation imposed in subsection (1) to hold such
367 moneys on behalf of the tenant. There is a rebuttable
368 presumption that any new owner or agent received the security
369 deposit or advance rent from the previous owner or agent;
370 however, this presumption is limited to 1 month’s rent. This
371 subsection does not excuse the landlord or agent for a violation
372 of other provisions of this section while in possession of such
373 deposits.
374 (8) Any person licensed under the provisions of s. 509.241,
375 unless excluded by the provisions of this part, who fails to
376 comply with the provisions of this part is shall be subject to a
377 fine or to the suspension or revocation of his or her license by
378 the Division of Hotels and Restaurants of the Department of
379 Business and Professional Regulation in the manner provided in
380 s. 509.261.
381 (9) In those cases in which interest is required to be paid
382 to the tenant, The landlord shall pay directly to the tenant, or
383 credit against the current month’s rent, the interest due to the
384 tenant at least once annually. However, no interest may not be
385 paid to shall be due a tenant who wrongfully terminates his or
386 her tenancy before prior to the end of the rental term.
387 Section 6. Subsection (1) of section 83.51, Florida
388 Statutes, is amended to read:
389 83.51 Landlord’s obligation to maintain premises.—
390 (1) The landlord at all times during the tenancy shall:
391 (a) Comply with the requirements of applicable building,
392 housing, and health codes. The landlord, at commencement of the
393 tenancy, must inspect the dwelling unit to ensure compliance
394 with all applicable codes; or
395 (b) Where there are no applicable building, housing, or
396 health codes, maintain the roofs, windows, doors, floors, steps,
397 porches, exterior walls, foundations, and all other structural
398 components in good repair and capable of resisting normal forces
399 and loads and the plumbing in reasonable working condition. The
400 landlord, at commencement of the tenancy, must ensure that
401 screens are installed in a reasonable condition. Thereafter, the
402 landlord must repair damage to screens once annually, when
403 necessary, until termination of the rental agreement.
404
405 The landlord is not required to maintain a mobile home or other
406 structure owned by the tenant. The landlord’s obligations under
407 this subsection may be altered or modified in writing with
408 respect to a single-family home or duplex.
409 Section 7. Section 83.54, Florida Statutes, is amended to
410 read:
411 83.54 Enforcement of rights and duties; civil action;
412 criminal offenses.—Any right or duty declared in this part is
413 enforceable by civil action. A right or duty enforced by civil
414 action under this section does not preclude prosecution for a
415 criminal offense related to the rental agreement or rented
416 dwelling unit or premises. In an action brought by a tenant for
417 wrongful termination of a rental agreement, if the court finds
418 in favor of the tenant, any eviction complaint filed by the
419 landlord must be dismissed and the court must direct the
420 landlord to assist the tenant in having any record of such
421 filing removed from the tenant’s credit report lease or leased
422 property.
423 Section 8. Subsections (2), (3), and (4) of section 83.56,
424 Florida Statutes, are amended to read:
425 83.56 Termination of rental agreement.—
426 (2)(a) A landlord must have good cause to terminate a
427 rental agreement. The following reasons constitute good cause
428 for termination of a rental agreement:
429 1. The destruction, damage, or misuse of the landlord’s or
430 other tenants’ property by intentional act.
431 2. A tenant’s disorderly conduct, as proscribed in s.
432 877.03, or continued unreasonable disturbance.
433 3. Failure of the tenant to comply with s. 83.52.
434 4. A violation or breach of the landlord’s reasonable rules
435 and regulations, as provided and described to the tenant before
436 the execution of a rental agreement.
437 5. A violation or breach of covenants or agreements
438 contained in the rental agreement.
439 6. Use of the dwelling unit or premises for illegal
440 purposes or acts, including, but not limited to, the
441 manufacture, sale, or use of illegal drugs, theft of property,
442 or assault or threats on the landlord or his or her relatives,
443 as defined in s. 494.001, or employees.
444 7. The removal of the dwelling unit or premises from the
445 rental market because the state, any political subdivision as
446 defined in s. 1.01(8), or any other entity exercises its power
447 of eminent domain, the landlord seeks in good faith to
448 permanently remove the dwelling unit or premises from the rental
449 market, or the landlord is converting the dwelling unit or
450 premises from the rental market to a condominium, cooperative,
451 or fee simple ownership.
452 8. The landlord seeks in good faith to recover possession
453 of the dwelling unit or premises for his or her own use and
454 occupancy as a principal residence, or for the use and occupancy
455 as a principal residence by a relative, as defined in s.
456 494.001, of the landlord.
457 (b) If any situation specified in subparagraphs (a)1.-6.
458 exists the tenant materially fails to comply with s. 83.52 or
459 material provisions of the rental agreement, other than a
460 failure to pay rent, or reasonable rules or regulations, the
461 landlord may:
462 1.(a) If the violation such noncompliance is of a nature
463 that the tenant should not be given an opportunity to cure it or
464 if the violation noncompliance constitutes a subsequent or
465 continuing violation noncompliance within 12 months after of a
466 written warning by the landlord of a similar violation, deliver
467 a written notice to the tenant specifying the violation
468 noncompliance and the landlord’s intent to terminate the rental
469 agreement by reason thereof. Examples of noncompliance which are
470 of a nature that the tenant should not be given an opportunity
471 to cure include, but are not limited to, destruction, damage, or
472 misuse of the landlord’s or other tenants’ property by
473 intentional act or a subsequent or continued unreasonable
474 disturbance. In such event, the landlord may terminate the
475 rental agreement, and the tenant has 14 shall have 7 days after
476 from the date that the notice is delivered to vacate the
477 premises. The notice shall be in substantially the following
478 form:
479
480 You are advised that your rental agreement lease is
481 terminated effective immediately. You shall have 14 7 days after
482 from the delivery of this letter to vacate the premises. This
483 action is taken because ...(cite the violation
484 noncompliance)....
485
486 2.(b) If the violation such noncompliance is of a nature
487 that the tenant should be given an opportunity to cure it,
488 deliver a written notice to the tenant specifying the violation
489 noncompliance, including a notice that, if the violation
490 noncompliance is not corrected within 14 7 days after from the
491 date that the written notice is delivered, the landlord shall
492 terminate the rental agreement by reason thereof. Examples of
493 such noncompliance include, but are not limited to, activities
494 in contravention of the lease or this part such as having or
495 permitting unauthorized pets, guests, or vehicles; parking in an
496 unauthorized manner or permitting such parking; or failing to
497 keep the premises clean and sanitary. If such violation
498 noncompliance recurs within 12 months after notice is given, an
499 eviction action may commence without delivering a subsequent
500 notice under subparagraph 1. pursuant to paragraph (a) or this
501 subparagraph paragraph. The notice shall be in substantially the
502 following form:
503
504 You are hereby notified that ...(cite the violation
505 noncompliance).... Demand is hereby made that you remedy the
506 violation noncompliance within 14 7 days after of receipt of
507 this notice or your rental agreement will be lease shall be
508 deemed terminated and you must shall vacate the premises upon
509 such termination. If this same conduct or conduct of a similar
510 nature is repeated within 12 months, your tenancy is subject to
511 termination without further warning and without your being given
512 an opportunity to cure the violation noncompliance.
513
514 (c) If any situation specified in subparagraphs (a)7. and
515 8. exists, the landlord may deliver a written notice to the
516 tenant of the landlord’s intent to terminate the rental
517 agreement. The written notice must specify the reason for the
518 termination. In such event, the tenant has 14 days after the
519 date that the notice is delivered to vacate the premises.
520 (3) If the tenant fails to pay rent when due and the
521 default continues for 14 3 days, excluding Saturday, Sunday, and
522 legal holidays, after delivery of written demand by the landlord
523 for payment of the rent or possession of the premises, the
524 landlord may terminate the rental agreement. Legal holidays for
525 the purpose of this section are shall be court-observed holidays
526 only. The 14-day 3-day notice shall contain a statement in
527 substantially the following form:
528
529 You are hereby notified that you are indebted to me in the
530 sum of .... dollars for the rent and use of the premises
531 ...(address of rented leased premises, including county)...,
532 Florida, now occupied by you and that I demand payment of the
533 rent or possession of the premises within 3 days (excluding
534 Saturday, Sunday, and legal holidays) after from the date of
535 delivery of this notice, to wit: on or before the .... day of
536 ...., ...(year)....
537 ...(landlord’s name, address and phone number)...
538
539 (4) The delivery of the written notices required by
540 subsections (1), (2), and (3), and (6) shall be by mailing or
541 delivery of a true copy thereof or, if the tenant is absent from
542 the premises, by leaving a copy thereof at the dwelling unit
543 residence. The notice requirements of subsections (1), (2), and
544 (3), and (6) may not be waived in the rental agreement lease.
545 Section 9. Subsection (2) of section 83.60, Florida
546 Statutes, is amended to read:
547 83.60 Defenses to action for rent or possession;
548 procedure.—
549 (2) In an action by the landlord for possession of a
550 dwelling unit, if the tenant interposes any defense other than
551 payment, including, but not limited to, the defense of a
552 defective 3-day notice, the tenant shall pay into the registry
553 of the court the accrued rent as alleged in the complaint or as
554 determined by the court and the rent that accrues during the
555 pendency of the proceeding, when due. The clerk shall notify the
556 tenant of such requirement in the summons. Failure of the tenant
557 to pay the rent into the registry of the court or to file a
558 motion to determine the amount of rent to be paid into the
559 registry within 5 days, excluding Saturdays, Sundays, and legal
560 holidays, after the date of service of process constitutes an
561 absolute waiver of the tenant’s defenses other than payment, and
562 the landlord is entitled to an immediate default judgment for
563 removal of the tenant with a writ of possession to issue without
564 further notice or hearing thereon. If a motion to determine rent
565 is filed, documentation in support of the allegation that the
566 rent as alleged in the complaint is in error is required. Public
567 housing tenants or tenants receiving rent subsidies are required
568 to deposit only that portion of the full rent for which they are
569 responsible pursuant to the federal, state, or local program in
570 which they are participating.
571 Section 10. Section 83.67, Florida Statutes, is amended to
572 read:
573 83.67 Prohibited practices.—
574 (1) A landlord of any dwelling unit governed by this part
575 may shall not cause, directly or indirectly, the termination or
576 interruption of any utility service furnished to the tenant,
577 including, but not limited to, water, heat, light, electricity,
578 gas, elevator, garbage collection, or refrigeration, whether or
579 not the utility service is under the control of, or payment is
580 made by, the landlord.
581 (2) A landlord of any dwelling unit governed by this part
582 may shall not prevent the tenant from gaining reasonable access
583 to the dwelling unit by any means, including, but not limited
584 to, changing the locks or using any bootlock or similar device.
585 (3) A landlord of any dwelling unit governed by this part
586 may shall not discriminate against a servicemember in offering a
587 dwelling unit for rent or in any of the terms of the rental
588 agreement.
589 (4) A landlord of any dwelling unit governed by this part
590 may not discriminate against a person in offering a dwelling
591 unit for rent or in any of the terms of the rental agreement,
592 based on the person’s race; color; religion; sex; pregnancy;
593 national origin; age; physical, mental, or developmental
594 disability; HIV status; familial status; sexual orientation;
595 gender identity; source of income; or credit score. For purposes
596 of this subsection, the term:
597 (a) “Familial status” means the makeup of a person’s
598 family, including whether there is a child under the age of 18
599 living with the person or whether the person is seeking custody
600 of a child under the age of 18.
601 (b) “Gender identity” means the identity, appearance, or
602 behavior of a person, regardless of whether such identity,
603 appearance, or behavior is different from that traditionally
604 associated with the person’s physiology or assigned sex at
605 birth.
606 (c) “Sexual orientation” means a person’s heterosexuality,
607 homosexuality, or bisexuality.
608 (d) “Source of income” means the legal gain or recurrent
609 benefit, often measured in money or currency, paid to a person
610 or a representative of the person, including, but not limited
611 to, any form of federal, state, or local public, food, or
612 housing assistance or subsidy, including assistance from the
613 Supplemental Nutrition Assistance Program under 7 U.S.C. ss.
614 2011 et seq., and the Housing Choice Voucher Program under 24
615 C.F.R. part 982.
616 (5) A landlord of any dwelling unit governed by this part
617 may not harass or intimidate a tenant for the purpose of
618 coercing the tenant into terminating the rental agreement or
619 accepting a rent increase.
620 (6) A landlord of any dwelling unit governed by this part
621 may not require a prospective tenant to sign a rental agreement
622 before showing the dwelling unit, either in person or through
623 photographs, to the prospective tenant.
624 (7) Unless otherwise required by law, a landlord of any
625 dwelling unit governed by this part may not inquire into or
626 consider a prospective tenant’s criminal history on a rental
627 application or rental agreement. A landlord may inquire into or
628 consider a prospective tenant’s criminal history only after the
629 landlord determines that the prospective tenant otherwise
630 qualifies to rent a dwelling unit.
631 (8) If a landlord requires a prospective tenant to complete
632 a rental application before residing in a dwelling unit, the
633 landlord may not charge a rental application fee that exceeds
634 $100 per applicant. For purposes of this subsection, spouses or
635 parents and dependent children are considered one applicant. If,
636 after a prospective tenant submits a rental application and
637 application fee, a dwelling unit is not available, the landlord
638 must refund the application fee to the prospective tenant.
639 (9) A landlord may shall not prohibit a tenant from
640 displaying one portable, removable, cloth or plastic United
641 States flag, not larger than 4 and 1/2 feet by 6 feet, in a
642 respectful manner in or on the dwelling unit regardless of any
643 provision in the rental agreement dealing with flags or
644 decorations. The United States flag shall be displayed in
645 accordance with s. 83.52(6). The landlord is not liable for
646 damages caused by a United States flag displayed by a tenant.
647 Any United States flag may not infringe upon the space rented by
648 any other tenant.
649 (10)(5) A landlord of any dwelling unit governed by this
650 part may shall not remove the outside doors, locks, roof, walls,
651 or windows of the unit except for purposes of maintenance,
652 repair, or replacement; and the landlord may shall not remove
653 the tenant’s personal property from the dwelling unit unless
654 such action is taken after surrender, abandonment, recovery of
655 possession of the dwelling unit due to the death of the last
656 remaining tenant in accordance with s. 83.59(3)(d), or a lawful
657 eviction. If provided in the rental agreement or a written
658 agreement separate from the rental agreement, upon surrender or
659 abandonment by the tenant, the landlord is not required to
660 comply with s. 715.104 and is not liable or responsible for
661 storage or disposition of the tenant’s personal property; if
662 provided in the rental agreement, there must be printed or
663 clearly stamped on such rental agreement a legend in
664 substantially the following form:
665
666 BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON
667 SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE
668 DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS
669 PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT
670 BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE
671 TENANT’S PERSONAL PROPERTY.
672
673 For the purposes of this section, abandonment shall be as set
674 forth in s. 83.59(3)(c).
675 (11)(6) A landlord who violates any provision of this
676 section is shall be liable to the tenant for actual and
677 consequential damages or 3 months’ rent, whichever is greater,
678 and costs, including attorney’s fees. Subsequent or repeated
679 violations that are not contemporaneous with the initial
680 violation are shall be subject to separate awards of damages.
681 (12)(7) A violation of this section constitutes irreparable
682 harm for the purposes of injunctive relief.
683 (13)(8) The remedies provided by this section are not
684 exclusive and do not preclude the tenant from pursuing any other
685 remedy at law or equity that the tenant may have. The remedies
686 provided by this section shall also apply to a servicemember or
687 person who is a prospective tenant who has been discriminated
688 against under subsections (3) and (4) subsection (3).
689 Section 11. Section 83.675, Florida Statutes, is created to
690 read:
691 83.675 Tenant opportunity to purchase.—
692 (1) For purposes of this section, the term:
693 (a) “Bona fide offer of sale” means an offer for a price,
694 including other material terms, which is at least as favorable
695 as what a purchaser would accept in an arm’s length third-party
696 contract, which is comparable to that which a willing seller and
697 a willing buyer would agree upon for purchase of the dwelling
698 unit or premises, or which is the appraised value.
699 (b) “Highest and best use” means the reasonable legal use
700 of a dwelling unit or the premises on which the dwelling unit is
701 located which is physically possible, appropriately supported,
702 and financially feasible and which results in the highest value
703 of the dwelling unit or premises.
704 (c) “Matter of right” means the appropriate land use,
705 development density, or building requirements of the dwelling
706 unit or premises under zoning regulations and law.
707 (2) At least 60 days before a landlord may sell a dwelling
708 unit or the premises on which a dwelling unit is located or
709 issue a notice to vacate the dwelling unit or premises for
710 purposes of demolition or discontinuance of housing use, the
711 landlord must give the tenant an opportunity to purchase the
712 dwelling unit or the premises at a price and with material terms
713 that represent a bona fide offer of sale.
714 (3) A landlord shall provide the tenant a copy of the offer
715 of sale, in the preferred language of the tenant, by hand
716 delivery, e-mail, or certified mail. A landlord may not retain a
717 percentage of ownership in the dwelling unit or premises in the
718 offer of sale.
719 (4) The sales price contained in the offer of sale may not
720 be more than a price comparable to that which a willing seller
721 and a willing buyer would agree upon for purchase of the
722 dwelling unit or premises, or be more than the appraised value
723 of the dwelling unit or premises.
724 (5) The appraised value must be based on rights a landlord
725 has as a matter of right as of the date of the offer of sale,
726 including any existing right a landlord may have to convert the
727 dwelling unit or premises to another use. The appraised value
728 may take into consideration the highest and best use of the
729 dwelling unit or premises.
730 (6) A tenant may challenge an offer of sale as not being a
731 bona fide offer of sale and request a determination of the
732 appraised value by an independent licensed appraiser, as defined
733 in s. 475.611, at the tenant’s expense, by providing written
734 notice to the landlord and the Division of Consumer Services
735 within the Department of Agriculture and Consumer Services by
736 hand delivery, e-mail, or certified mail within 30 days after
737 receipt of the offer of sale.
738 (7) The landlord has the burden of proof to establish that
739 an offer of sale under this section is a bona fide offer of
740 sale.
741 Section 12. Section 83.676, Florida Statutes, is created to
742 read:
743 83.676 Early termination of rental agreement by a victim of
744 domestic violence, dating violence, sexual violence, or
745 stalking; lock changing.—
746 (1) As used in this section, the term:
747 (a) “Dating violence” has the same meaning as in s.
748 784.046(1)(d).
749 (b) “Domestic violence” has the same meaning as in s.
750 741.28.
751 (c) “Sexual violence” has the same meaning as in s.
752 784.046(1)(c).
753 (d) “Stalking” means the behavior described in s. 784.048.
754 (2) A landlord may not terminate a rental agreement or
755 evict a tenant for an incident involving actual or threatened
756 domestic violence, dating violence, sexual violence, or stalking
757 if the tenant or the tenant’s minor child is the victim of such
758 actual or threatened violence or stalking. A rental agreement
759 may not include a provision deeming that early termination of a
760 rental agreement because of an incident involving actual or
761 threatened domestic violence, dating violence, sexual violence,
762 or stalking, in which the tenant or the tenant’s minor child is
763 a victim and not the perpetrator, is a breach of the rental
764 agreement.
765 (3)(a) If a tenant or a tenant’s minor child is a victim of
766 actual or threatened domestic violence, dating violence, sexual
767 violence, or stalking during the term of a rental agreement, the
768 tenant may, without penalty, terminate the rental agreement at
769 any time by providing the landlord with written notice of the
770 tenant’s intent to terminate the rental agreement and to vacate
771 the premises because of such incident. The termination of the
772 rental agreement is effective immediately upon delivery of the
773 written notice and documentation specified in paragraph (b), if
774 applicable, to the landlord.
775 (b) Unless the landlord notifies the tenant that
776 documentation is not needed, a notice of termination from the
777 tenant required under paragraph (a) must be accompanied by
778 documentation verifying the tenant’s or the tenant’s minor
779 child’s status as a victim of actual or threatened domestic
780 violence, dating violence, sexual violence, or stalking and may
781 include:
782 1. A copy of an injunction for protection against domestic
783 violence, dating violence, sexual violence, or stalking issued
784 to the tenant as victim or as the parent of a minor victim;
785 2. A copy of an order of no contact or a criminal
786 conviction entered by a court in a criminal case in which the
787 defendant was charged with a crime relating to domestic
788 violence, dating violence, sexual violence, or stalking against
789 the tenant or the tenant’s minor child;
790 3. A written verification from a domestic violence center
791 certified under chapter 39 or a rape crisis center as defined in
792 s. 794.055 which states that the tenant or the tenant’s minor
793 child is a victim of actual or threatened domestic violence,
794 dating violence, sexual violence, or stalking; or
795 4. A copy of a law enforcement report documenting an
796 incident of actual or threatened domestic violence, dating
797 violence, sexual violence, or stalking against the tenant or the
798 tenant’s minor child.
799 (c) A notice of termination from the tenant required under
800 paragraph (a) must be provided by certified mail or hand
801 delivery to the landlord, a person authorized to receive notices
802 on behalf of the landlord under s. 83.50, a resident manager, or
803 the person or entity that collects the rent on behalf of the
804 landlord.
805 (d) If a rental agreement with a specific duration is
806 terminated by a tenant under this subsection less than 30 days
807 before the end of the rental agreement, the tenant is liable for
808 the rent for the remaining period of the rental agreement. If a
809 rental agreement with a specific duration is terminated by a
810 tenant under this subsection 30 or more days before the end of
811 the rental agreement, the tenant is liable for prorated rent for
812 a period of 30 days immediately after delivery of the notice of
813 termination. After compliance with this paragraph, the tenant is
814 released from any further obligation to pay rent, concessions,
815 damages, fees, or penalties, and the landlord is not entitled to
816 the remedies provided in s. 83.595.
817 (e) If a rental agreement is terminated by a tenant under
818 this subsection, the landlord must comply with s. 83.49(3). A
819 tenant who terminates a rental agreement under this subsection
820 does not forfeit any deposit money or advance rent paid to the
821 landlord.
822 (f) This subsection does not affect a tenant’s liability
823 for unpaid rent or other amounts owed to the landlord before the
824 termination of the rental agreement under this subsection.
825 (g) If the perpetrator of actual or threatened domestic
826 violence, dating violence, sexual violence, or stalking is also
827 a tenant under the same rental agreement as the tenant who is a
828 victim, or whose minor child is a victim, of such actual or
829 threatened violence or stalking, neither the perpetrator’s
830 liability for rent nor his or her other obligations under the
831 rental agreement are terminated under this subsection, and the
832 landlord is entitled to the rights and remedies provided by this
833 part against the perpetrator.
834 (4)(a) A tenant or a tenant’s minor child who is a victim
835 of actual or threatened domestic violence, dating violence,
836 sexual violence, or stalking and who wishes to remain in the
837 dwelling unit may make a written request to the landlord
838 accompanied by any one of the documents listed in paragraph
839 (3)(b), and the landlord shall, within 24 hours after receipt of
840 the request, change the locks of the tenant’s dwelling unit and
841 provide the tenant with a key to the new locks.
842 (b) If the landlord fails to change the locks within 24
843 hours after receipt of the tenant’s request, the tenant may
844 change the locks without the landlord’s permission,
845 notwithstanding any contrary provision in the rental agreement
846 or other applicable rules or regulations imposed by the
847 landlord, if all of the following conditions have been met:
848 1. The locks are changed in like manner as if the landlord
849 had changed the locks, with locks of similar or better quality
850 than the original locks.
851 2. The landlord is notified within 24 hours after the
852 changing of the locks.
853 3. The landlord is provided a key to the new locks within a
854 reasonable time.
855 (c) If the locks are changed under this subsection, the
856 landlord is not liable to any person who does not have access to
857 the dwelling unit.
858 (5) A landlord may not refuse to enter into a rental
859 agreement for a dwelling unit, refuse to negotiate the rental of
860 a dwelling unit, make a dwelling unit unavailable, or retaliate
861 in the rental of a dwelling unit because:
862 (a) The tenant, prospective tenant, or minor child of the
863 tenant or prospective tenant is a victim of actual or threatened
864 domestic violence, dating violence, sexual violence, or
865 stalking; or
866 (b) The tenant or prospective tenant has previously
867 terminated a rental agreement because of an incident involving
868 actual or threatened domestic violence, dating violence, sexual
869 violence, or stalking in which the tenant, prospective tenant,
870 or minor child of the tenant or prospective tenant was a victim.
871
872 However, the landlord may refuse to enter into a rental
873 agreement, negotiate the rental of a dwelling unit, or make a
874 dwelling unit available if the tenant or prospective tenant
875 fails to comply with the landlord’s request for documentation of
876 an incident of actual or threatened domestic violence, dating
877 violence, sexual violence, or stalking which occurred before
878 termination of a prior rental agreement. A landlord’s request
879 for documentation is satisfied upon the tenant’s or prospective
880 tenant’s provision of any one of the documents listed in
881 paragraph (3)(b).
882 (6) All information provided to a landlord under
883 subsections (3), (4), and (5), including the fact that a tenant,
884 prospective tenant, or a tenant’s or prospective tenant’s minor
885 child is a victim of actual or threatened domestic violence,
886 dating violence, sexual violence, or stalking, and including the
887 tenant’s forwarding address, is confidential. The landlord may
888 not enter such information into any shared database or provide
889 the information to any other person or entity, except to the
890 extent such disclosure is:
891 (a) Made to a person specified in paragraph (3)(c) solely
892 for a legitimate business purpose;
893 (b) Requested, or consented to, in writing by the tenant or
894 the tenant’s legal guardian;
895 (c) Required for use in a judicial proceeding; or
896 (d) Otherwise required by law.
897 (7) A tenant or prospective tenant, on his or her own
898 behalf or on behalf of his or her minor child, may file a civil
899 action against a landlord for a violation of this section. A
900 landlord who violates subsection (5) or subsection (6) is
901 civilly liable to the victim for $1,000 for punitive damages,
902 actual and consequential damages, and court costs, including
903 reasonable attorney fees, unless the landlord can show that this
904 was the landlord’s first violation and the violation was not
905 committed in bad faith. Subsequent or repeated violations that
906 are not contemporaneous with the initial violation are subject
907 to separate awards of damages.
908 (8) The provisions of this section may not be waived or
909 modified by a rental agreement.
910 Section 13. Section 83.681, Florida Statutes, is amended to
911 read:
912 83.681 Orders to enjoin violations of this part.—
913 (1) A landlord who gives notice to a tenant of the
914 landlord’s intent to terminate the tenant’s rental agreement
915 under s. 83.56(2)(b) lease pursuant to s. 83.56(2)(a), due to
916 the tenant’s intentional destruction, damage, or misuse of the
917 landlord’s property may petition the county or circuit court for
918 an injunction prohibiting the tenant from continuing to violate
919 any of the provisions of that part.
920 (2) The court shall grant the relief requested under
921 pursuant to subsection (1) in conformity with the principles
922 that govern the granting of injunctive relief from threatened
923 loss or damage in other civil cases.
924 (3) Evidence of a tenant’s intentional violation of s.
925 83.56(2)(a)1.-6. resulting destruction, damage, or misuse of the
926 landlord’s property in an amount greater than twice the value of
927 money deposited with the landlord under pursuant to s. 83.49 or
928 $300, whichever is greater, constitutes shall constitute
929 irreparable harm for the purposes of injunctive relief.
930 Section 14. Section 83.684, Florida Statutes, is created to
931 read:
932 83.684 Actions for rent or possession during a state of
933 emergency.—
934 (1) A declaration of a state of emergency declared by the
935 President of the United States, the Governor, or a local
936 authority tolls any statutory time periods relating to the
937 eviction of a residential tenant under this part during the
938 emergency declaration period. The court shall on its own motion
939 stay any eviction proceeding under this part during the
940 emergency declaration period. For purposes of this section, the
941 term “emergency declaration period” includes the period of time
942 stated in the declaration of the state of emergency, any
943 extensions thereof, and up to 15 days after the expiration of
944 such period of time.
945 (2) A landlord may not bring an action for possession of a
946 dwelling unit under s. 83.59 or remove any personal property of
947 a tenant under s. 83.62 during an emergency declaration period
948 if all of the following conditions are met:
949 (a) The tenant lives within the geographic boundaries of
950 the state of emergency.
951 (b) The tenant or a member of the tenant’s immediate family
952 is deceased, missing, or injured as a result of the natural
953 disaster for which the state of emergency was declared.
954 (c) The tenant’s ability to pay rent is directly or
955 substantially affected by the natural disaster for which the
956 state of emergency was declared.
957 Section 15. This act shall take effect July 1, 2022.