Florida Senate - 2023                      CS for CS for SB 1586
       By the Committees on Rules; and Judiciary; and Senators Trumbull
       and Rodriguez
       595-04203-23                                          20231586c2
    1                        A bill to be entitled                      
    2         An act relating to residential tenancies; creating s.
    3         83.425, F.S.; preempting the regulation of residential
    4         tenancies and the landlord-tenant relationship to the
    5         state; specifying that the act supersedes certain
    6         local regulations; amending ss. 83.57 and 83.575,
    7         F.S.; revising how much notice is required to
    8         terminate certain tenancies; creating s. 83.576, F.S.;
    9         requiring a landlord to provide advance written notice
   10         of rent increases under certain circumstances;
   11         providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 83.425, Florida Statutes, is created to
   16  read:
   17         83.425Preemption.—The regulation of residential tenancies,
   18  the landlord-tenant relationship, and all other matters covered
   19  under this part are preempted to the state. This part supersedes
   20  any local government regulations on matters covered herein,
   21  including, but not limited to, the screening process used by a
   22  landlord in approving tenancies; security deposits; rental
   23  agreement applications and fees associated with such
   24  applications; terms and conditions of rental agreements; the
   25  rights and responsibilities of the landlord and tenant;
   26  disclosures concerning the premises, the dwelling unit, the
   27  rental agreement, or the rights and responsibilities of the
   28  landlord and tenant; fees charged by the landlord; or notice
   29  requirements.
   30         Section 2. Subsection (3) of section 83.57, Florida
   31  Statutes, is amended to read:
   32         83.57 Termination of tenancy without specific term.—A
   33  tenancy without a specific duration, as defined in s. 83.46(2)
   34  or (3), may be terminated by either party giving written notice
   35  in the manner provided in s. 83.56(4), as follows:
   36         (3) When the tenancy is from month to month, by giving not
   37  less than 30 15 days’ notice prior to the end of any monthly
   38  period; and
   39         Section 3. Subsection (1) of section 83.575, Florida
   40  Statutes, is amended to read:
   41         83.575 Termination of tenancy with specific duration.—
   42         (1) A rental agreement with a specific duration may contain
   43  a provision requiring the tenant to notify the landlord within a
   44  specified period before vacating the premises at the end of the
   45  rental agreement, if such provision requires the landlord to
   46  notify the tenant within such notice period if the rental
   47  agreement will not be renewed; however, a rental agreement may
   48  not require less more than 60 days’ notice from either the
   49  tenant or the landlord.
   50         Section 4. Section 83.576, Florida Statutes, is created to
   51  read:
   52         83.576Advance notice of rent increases.—
   53         (1) A landlord who proposes to increase the current rental
   54  rate by more than 5 percent at the end of a rental agreement for
   55  a specific term or during a tenancy without a specific duration
   56  in which the rent is payable on a month to month basis must
   57  provide 60 days’ written notice to the tenant. Notwithstanding
   58  any notice period in a rental agreement requiring a tenant to
   59  notify the landlord that the tenant will vacate the premises at
   60  the end of the rental agreement or the minimum notice period in
   61  s. 83.575(1), the notice period may not start until 15 days
   62  after the landlord provides the tenant with the written notice
   63  of a proposed increase in the rental rate.
   64         (2) If the required 60 days’ written notice has been
   65  provided and the tenant has not agreed to the rent increase or
   66  an acceptable compromise, the landlord may increase the rent as
   67  provided in the notice or require the tenant to vacate the
   68  dwelling unit.
   69         Section 5. This act shall take effect July 1, 2023.