Florida Senate - 2023                                    SB 1658
       
       
        
       By Senator Torres
       
       
       
       
       
       25-01806A-23                                          20231658__
    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 as a new department of state
    5         government; providing for the secretary of the
    6         department to be appointed by the Governor and
    7         confirmed by the Senate; providing the purpose of the
    8         department; requiring a report on the implementation
    9         of an empty homes tax be provided to the Governor and
   10         Legislature by a specified date; providing government
   11         reorganization for certain chapters of law; amending
   12         s. 83.43, F.S.; revising definitions; creating s.
   13         83.455, F.S.; providing requirements for rental
   14         agreements; requiring landlords to provide certain
   15         information with rental agreements; amending s. 83.46,
   16         F.S.; requiring that a landlord provide written notice
   17         of a rent increase to a tenant by a specified time;
   18         requiring such notice to include an option for
   19         mediation under certain circumstances; amending s.
   20         83.47, F.S.; providing that certain provisions in a
   21         rental agreement are void and unenforceable; amending
   22         s. 83.49, F.S.; removing the option for a landlord to
   23         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; amending s. 83.51, F.S.;
   27         requiring a landlord to inspect a dwelling unit at a
   28         specified time to ensure compliance with applicable
   29         codes; amending s. 83.54, F.S.; requiring certain
   30         records be removed from a tenant’s credit report under
   31         certain circumstances; amending s. 83.56, F.S.;
   32         revising and specifying grounds for termination of a
   33         rental agreement; requiring landlords to provide
   34         certain tenants a specified amount of time to vacate
   35         the premises after delivery of a notice to terminate
   36         the rental agreement before bringing a specified
   37         action; conforming provisions to changes made by the
   38         act; conforming a cross-reference; amending s. 83.60,
   39         F.S.; removing a requirement that certain money be
   40         paid into the registry of the court; creating s.
   41         83.626, F.S.; authorizing tenants and mobile home
   42         owners who are defendants in certain eviction
   43         proceedings to file a motion with the court to have
   44         the records of such proceedings sealed and to have
   45         their names substituted on the progress docket under
   46         certain conditions; providing applicability; requiring
   47         the court to grant such motions if certain
   48         requirements are met; authorizing that such relief be
   49         granted only once; requiring tenants and mobile home
   50         owners to submit a specified sworn statement under
   51         penalty of perjury with their motion; requiring the
   52         court to substitute a defendant’s name on the progress
   53         docket if a judgment is entered in favor of the
   54         defendant; providing exceptions; providing retroactive
   55         applicability; amending s. 83.63, F.S.; conforming a
   56         cross-reference; amending s. 83.67, F.S.; prohibiting
   57         a landlord from engaging in certain conduct; providing
   58         definitions; conforming a cross-reference to changes
   59         made by the act; creating s. 83.675, F.S.; providing
   60         definitions; requiring a landlord to give tenants the
   61         opportunity to purchase the dwelling unit or premises
   62         under certain circumstances; providing requirements
   63         for an offer of sale; authorizing a tenant to
   64         challenge an offer of sale; creating s. 83.676, F.S.;
   65         providing definitions; prohibiting a landlord from
   66         evicting a tenant or terminating a rental agreement
   67         because the tenant or the tenant’s minor child is a
   68         victim of actual or threatened domestic violence,
   69         dating violence, sexual violence, or stalking;
   70         specifying that a rental agreement may not contain
   71         certain provisions; authorizing a victim of such
   72         actual or threatened violence or stalking to terminate
   73         a rental agreement under certain circumstances;
   74         requiring certain documentation and written notice to
   75         landlord; providing for liability for rent for both
   76         the tenant and the perpetrator, if applicable;
   77         specifying that a tenant does not forfeit certain
   78         money paid to the landlord for terminating the rental
   79         agreement under certain circumstances; requiring a
   80         landlord to change the locks of the dwelling unit
   81         within a specified period under certain circumstances;
   82         authorizing the tenant to change the locks of the
   83         dwelling unit under certain circumstances; prohibiting
   84         certain actions by a landlord under certain
   85         circumstances; authorizing filing of a civil action
   86         and an award of damages, fees, and costs under certain
   87         circumstances; prohibiting the waiver of certain
   88         provisions; amending ss. 125.0103, and 166.043, F.S.;
   89         removing provisions that require local government
   90         measures that impose rent controls to expire within a
   91         specified time period unless they are extended or
   92         renewed in accordance with law; conforming cross
   93         references; amending s. 163.31801, F.S.; authorizing
   94         local governments and special districts to adopt a
   95         specified impact fee; requiring that the revenue
   96         generated from such impact fee be used for a specified
   97         purpose; creating s. 201.025, F.S.; providing the
   98         amount of documentary stamp tax imposed on purchases
   99         of certain property by certain entities; requiring
  100         revenue generated by such tax to be deposited into the
  101         Florida Affordable Housing Trust Fund; providing
  102         exceptions; providing an effective date.
  103          
  104  Be It Enacted by the Legislature of the State of Florida:
  105  
  106         Section 1. This act shall be cited as the “Keep Floridians
  107  Housed Act.”
  108         Section 2. Section 20.71, Florida Statutes, is created to
  109  read:
  110         20.71Department of Housing and Tenant Rights.—
  111         (1)There is created the Department of Housing and Tenant
  112  Rights.
  113         (2)The head of the department is the secretary, who shall
  114  be appointed by the Governor, subject to confirmation by the
  115  Senate. The secretary shall serve at the pleasure of and report
  116  to the Governor. The secretary may appoint deputy and assistant
  117  secretaries as necessary to aid the secretary in fulfilling his
  118  or her statutory obligations. The secretary may create offices
  119  or divisions within the department to promote efficient and
  120  effective operation of the department.
  121         (3)The purpose of the department is to assist the Governor
  122  in working with the Legislature, state agencies, and other
  123  interested entities to formulate and implement coherent and
  124  consistent policies and strategies designed to combat affordable
  125  housing and homelessness issues in the state; assist with
  126  housing and urban development; and perpetuate amicable landlord
  127  tenant relationships.
  128         (4)The department shall, by January 1, 2024, conduct
  129  research and submit a report to the Governor, the President of
  130  the Senate, and the Speaker of the House of Representatives on a
  131  cost-benefit analysis of implementing an empty homes tax.
  132         (5)The department shall take over the role of state
  133  government from other departments that currently administer
  134  chapter 83 and chapters 419-423.
  135         Section 3. Subsections (4) and (6) of section 83.43,
  136  Florida Statutes, are amended to read:
  137         83.43 Definitions.—As used in this part, the following
  138  words and terms shall have the following meanings unless some
  139  other meaning is plainly indicated:
  140         (4) “Tenant” means any person entitled to occupy a dwelling
  141  unit or property held out for the use of tenants generally under
  142  a rental agreement.
  143         (6) “Rent” means the periodic payments due the landlord
  144  from the tenant for occupancy under a rental agreement and any
  145  other payments due the landlord from the tenant as may be
  146  designated as rent in a written rental agreement. The term does
  147  not include deposit money, security deposits, late fees, early
  148  termination fees, liquidated damages, or any other charge or fee
  149  even if the charge or fee is designated as rent in a written
  150  rental agreement.
  151         Section 4. Section 83.455, Florida Statutes, is created to
  152  read:
  153         83.455Rental agreements.—
  154         (1)Immediately after entering into, extending, or renewing
  155  a rental agreement, the tenant must be provided a copy of the
  156  rental agreement. The rental agreement must be written in plain
  157  language and, at the tenant’s request, translated into the
  158  preferred language of the tenant.
  159         (2)Notwithstanding any other provision of law, all rental
  160  agreements entered into, extended, or renewed on or after July
  161  1, 2023, must include the following provisions:
  162         (a)Before a private sale or transfer of title of the
  163  dwelling unit or the premises on which the dwelling unit is
  164  located, the landlord must provide the tenant with the right of
  165  first refusal to purchase the dwelling unit or premises as
  166  provided under s. 83.675.
  167         (b)If a landlord chooses not to extend or renew a rental
  168  agreement, he or she must provide the tenant 60 days’ notice of
  169  his or her decision and provide a written explanation for such
  170  decision.
  171         (c)If a rental agreement provision authorizes termination
  172  of the rental agreement by the landlord without cause, such
  173  provision must require the landlord to provide the tenant just
  174  compensation and comprehensive relocation assistance.
  175         (d)A landlord may not terminate a tenancy for cause during
  176  a state of emergency declared by the Governor under chapter 252.
  177         (e)During a state of emergency declared by the Governor
  178  under chapter 252, a tenant may install wind resistance
  179  improvements, as defined in s. 163.08(2)(b)3., to the dwelling
  180  unit at the tenant’s expense.
  181         (f)A landlord may not terminate a tenancy because a tenant
  182  establishes, attempts to establish, or participates in a tenant
  183  organization.
  184         Section 5. Subsection (4) is added to section 83.46,
  185  Florida Statutes, to read:
  186         83.46 Rent; duration of tenancies.—
  187         (4)A landlord must provide to a tenant a written notice,
  188  by certified mail or hand delivery, of a planned rent increase
  189  at least 60 days before the rental agreement renewal period. If
  190  the rent increase is more than 5 percent, the landlord must
  191  provide notice, by certified mail or hand delivery, at least 3
  192  months before the rental agreement renewal period. If the rent
  193  increase is more than 5 percent, the notice must also contain a
  194  statement that the tenant may elect to participate in nonbinding
  195  mediation, at the expense of the tenant, by providing written
  196  notice to the landlord, by certified mail or hand delivery,
  197  within 14 days after receipt of the notice of the rent increase.
  198  For a tenancy without a specific duration, the landlord must
  199  provide written notice, by certified mail or hand delivery, of a
  200  planned rent increase within the timeframes provided in s.
  201  83.57.
  202         Section 6. Paragraph (c) is added to subsection (1) of
  203  section 83.47, Florida Statutes, to read:
  204         83.47 Prohibited provisions in rental agreements.—
  205         (1) A provision in a rental agreement is void and
  206  unenforceable to the extent that it:
  207         (c)Purports that early termination of a rental agreement
  208  because of an incident involving actual or threatened domestic
  209  violence, dating violence, sexual violence, or stalking, in
  210  which the tenant or the tenant’s minor child is a victim and not
  211  the perpetrator, is a breach of the rental agreement.
  212         Section 7. Present subsections (1) through (9) of section
  213  83.49, Florida Statutes, are redesignated as subsections (2)
  214  through (10), respectively, a new subsection (1) is added to
  215  that section, and present subsections (1) through (5), (7), and
  216  (9) are amended, to read:
  217         83.49 Deposit money or advance rent; duty of landlord and
  218  tenant.—
  219         (1)(a)A landlord may not charge a tenant a security
  220  deposit that is more than 1 month’s rent.
  221         (b)The landlord must allow the tenant, in his or her
  222  discretion, to pay the total amount of the security deposit in
  223  12 equal payments to be paid at the same time and in the same
  224  manner as the tenant’s rent. If the duration of the rental
  225  agreement is less than 1 year, the total amount of the deposit
  226  must be paid in equal monthly payments based on the duration of
  227  the tenancy and be paid at the same time and in the same manner
  228  as the tenant’s rent.
  229         (c)If a tenant pays his or her security deposit according
  230  to paragraph (b), when the rental agreement is terminated or the
  231  tenant vacates or abandons the premises before the expiration of
  232  the term specified in the rental agreement, the tenant is
  233  entitled to a refund equivalent to the amount of the security
  234  deposit that he or she already paid, minus any deductions
  235  properly claimed by the landlord under subsection (4) for
  236  damages.
  237         (2)(1) Whenever money is deposited or advanced by a tenant
  238  on a rental agreement as security for performance of the rental
  239  agreement or as advance rent for other than the next immediate
  240  rental period, the landlord or the landlord’s agent shall
  241  either:
  242         (a)Hold the total amount of such money in a separate non
  243  interest-bearing account in a Florida banking institution for
  244  the benefit of the tenant or tenants. The landlord shall not
  245  commingle such moneys with any other funds of the landlord or
  246  hypothecate, pledge, or in any other way make use of such moneys
  247  until such moneys are actually due the landlord;
  248         (a)(b) Hold the total amount of such money in a separate
  249  interest-bearing account in a Florida banking institution for
  250  the benefit of the tenant or tenants, in which case the tenant
  251  shall receive and collect interest in an amount of at least 75
  252  percent of the annualized average interest rate payable on such
  253  account or interest at the rate of 5 percent per year, simple
  254  interest, whichever the landlord elects. The landlord shall not
  255  commingle such moneys with any other funds of the landlord or
  256  hypothecate, pledge, or in any other way make use of such moneys
  257  until such moneys are actually due the landlord; or
  258         (b)(c) Post a surety bond, executed by the landlord as
  259  principal and a surety company authorized and licensed to do
  260  business in the state as surety, with the clerk of the circuit
  261  court in the county in which the dwelling unit is located in the
  262  total amount of the security deposits and advance rent he or she
  263  holds on behalf of the tenants or $50,000, whichever is less.
  264  The bond shall be conditioned upon the faithful compliance of
  265  the landlord with the provisions of this section and shall run
  266  to the Governor for the benefit of any tenant injured by the
  267  landlord’s violation of the provisions of this section. In
  268  addition to posting the surety bond, the landlord shall pay to
  269  the tenant interest at the rate of 5 percent per year, simple
  270  interest. A landlord, or the landlord’s agent, engaged in the
  271  renting of dwelling units in five or more counties, who holds
  272  deposit moneys or advance rent and who is otherwise subject to
  273  the provisions of this section, may, in lieu of posting a surety
  274  bond in each county, elect to post a surety bond in the form and
  275  manner provided in this paragraph with the office of the
  276  Secretary of State. The bond shall be in the total amount of the
  277  security deposit or advance rent held on behalf of tenants or in
  278  the amount of $250,000, whichever is less. The bond shall be
  279  conditioned upon the faithful compliance of the landlord with
  280  the provisions of this section and shall run to the Governor for
  281  the benefit of any tenant injured by the landlord’s violation of
  282  this section. In addition to posting a surety bond, the landlord
  283  shall pay to the tenant interest on the security deposit or
  284  advance rent held on behalf of that tenant at the rate of 5
  285  percent per year simple interest.
  286         (3)(2) The landlord shall, in the rental lease agreement or
  287  within 30 days after receipt of advance rent or a security
  288  deposit, give written notice to the tenant which includes
  289  disclosure of the advance rent or security deposit. Subsequent
  290  to providing such written notice, if the landlord changes the
  291  manner or location in which he or she is holding the advance
  292  rent or security deposit, he or she must notify the tenant
  293  within 30 days after the change as provided in paragraphs (a)
  294  (d). The landlord is not required to give new or additional
  295  notice solely because the depository has merged with another
  296  financial institution, changed its name, or transferred
  297  ownership to a different financial institution. This subsection
  298  does not apply to any landlord who rents fewer than five
  299  individual dwelling units. Failure to give this notice is not a
  300  defense to the payment of rent when due. The written notice
  301  must:
  302         (a) Be given in person or by mail to the tenant.
  303         (b) State the name and address of the depository where the
  304  advance rent or security deposit is being held or state that the
  305  landlord has posted a surety bond as provided by law.
  306         (c) State that whether the tenant is entitled to interest
  307  on the deposit and the amount of the interest.
  308         (d) Contain the following disclosure:
  309  YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF CERTAIN
  310  DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE
  311  LANDLORD’S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU
  312  MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT
  313  THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE
  314  LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE
  315  OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE
  316  DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR
  317  OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE
  318  LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST
  319  MAIL YOU THE REMAINING DEPOSIT, IF ANY.
  320  IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD
  321  MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU
  322  FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE
  323  LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A
  324  LAWSUIT CLAIMING A REFUND.
  325  YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE
  326  FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT
  327  IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY
  328  THE LOSING PARTY.
  329  THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83,
  330  FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND
  331  OBLIGATIONS.
  332         (4)(3) The landlord or the landlord’s agent may disburse
  333  advance rents from the deposit account to the landlord’s benefit
  334  when the advance rental period commences and without notice to
  335  the tenant. For all other deposits:
  336         (a) Upon the vacating of the premises for termination of
  337  the rental agreement lease, if the landlord does not intend to
  338  impose a claim on the security deposit, the landlord must shall
  339  have 15 days to return the security deposit together with
  340  interest within 30 days after the tenant vacates the premises.
  341  if otherwise required, or The landlord has shall have 30 days
  342  from when the tenant vacates the premises to give the tenant
  343  written notice by certified mail to the tenant’s last known
  344  mailing address of his or her intention to impose a claim on the
  345  deposit and the reason for imposing the claim. The notice must
  346  shall contain a statement in substantially the following form:
  347         This is a notice of my intention to impose a claim for
  348  damages in the amount of .... upon your security deposit, due to
  349  ..... It is sent to you as required by s. 83.49(4) s. 83.49(3),
  350  Florida Statutes. You are hereby notified that you must object
  351  in writing to this deduction from your security deposit within
  352  15 days from the time you receive this notice or I will be
  353  authorized to deduct my claim from your security deposit. Your
  354  objection must be sent to ...(landlord’s address)....
  355  If the landlord fails to give the required notice within the 30
  356  day period, he or she forfeits the right to impose a claim upon
  357  the security deposit and may not seek a setoff against the
  358  deposit but may file an action for damages after return of the
  359  deposit.
  360         (b) Unless the tenant objects to the imposition of the
  361  landlord’s claim or the amount thereof within 15 days after
  362  receipt of the landlord’s notice of intention to impose a claim,
  363  the landlord may then deduct the amount of his or her claim and
  364  must shall remit the balance of the deposit and any interest to
  365  the tenant within 30 days after the date of the notice of
  366  intention to impose a claim for damages. The failure of the
  367  tenant to make a timely objection does not waive any rights of
  368  the tenant to seek damages in a separate action.
  369         (c) If either party institutes an action in a court of
  370  competent jurisdiction to adjudicate the party’s right to the
  371  security deposit, the prevailing party is entitled to receive
  372  his or her court costs plus a reasonable fee for his or her
  373  attorney. If a court finds that the landlord failed to meet the
  374  requirements of this section, the court must award the tenant
  375  damages equal to three times the amount of the tenant’s security
  376  deposit. The court shall advance the cause on the calendar.
  377         (d) Compliance with this section by an individual or
  378  business entity authorized to conduct business in this state,
  379  including Florida-licensed real estate brokers and sales
  380  associates, constitutes compliance with all other relevant
  381  Florida Statutes pertaining to security deposits held pursuant
  382  to a rental agreement or other landlord-tenant relationship.
  383  Enforcement personnel shall look solely to this section to
  384  determine compliance. This section prevails over any conflicting
  385  provisions in chapter 475 and in other sections of the Florida
  386  Statutes, and operates shall operate to permit licensed real
  387  estate brokers to disburse security deposits and deposit money
  388  without having to comply with the notice and settlement
  389  procedures contained in s. 475.25(1)(d).
  390         (5)(4)The provisions of This section does do not apply to
  391  transient rentals by hotels or motels as defined in chapter 509;
  392  or nor do they apply in those instances in which the amount of
  393  rent or deposit, or both, is regulated by law or by rules or
  394  regulations of a public body, including public housing
  395  authorities and federally administered or regulated housing
  396  programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8
  397  of the National Housing Act, as amended, other than for rent
  398  stabilization. With the exception of subsections (4), (6), and
  399  (7) (3), (5), and (6), this section is not applicable to housing
  400  authorities or public housing agencies created pursuant to
  401  chapter 421 or other statutes.
  402         (6)(5) Except when otherwise provided by the terms of a
  403  written rental agreement lease, any tenant who vacates or
  404  abandons the premises before prior to the expiration of the term
  405  specified in the written rental agreement lease, or any tenant
  406  who vacates or abandons premises which are the subject of a
  407  tenancy from week to week, month to month, quarter to quarter,
  408  or year to year, must shall give at least 7 days’ written
  409  notice, which notice must include the address where the tenant
  410  may be reached, by certified mail or personal delivery to the
  411  landlord before prior to vacating or abandoning the premises
  412  which notice shall include the address where the tenant may be
  413  reached. Failure to give such notice relieves shall relieve the
  414  landlord of the notice requirement of paragraph (3)(a) but does
  415  shall not waive any right the tenant may have to the security
  416  deposit or any part of it.
  417         (8)(7) Upon the sale or transfer of title of the rental
  418  property from one owner to another, or upon a change in the
  419  designated rental agent, any and all security deposits or
  420  advance rents being held for the benefit of the tenants must
  421  shall be transferred to the new owner or agent, together with
  422  any earned interest and with an accurate accounting showing the
  423  amounts to be credited to each tenant account. Upon the transfer
  424  of such funds and records to the new owner or agent, and upon
  425  transmittal of a written receipt therefor, the transferor is
  426  free from the obligation imposed in subsection (2)(1) to hold
  427  such moneys on behalf of the tenant. There is a rebuttable
  428  presumption that any new owner or agent received the security
  429  deposit from the previous owner or agent; however, this
  430  presumption is limited to 1 month’s rent. This subsection does
  431  not excuse the landlord or agent for a violation of other
  432  provisions of this section while in possession of such deposits.
  433         (10)(9)In those cases in which interest is required to be
  434  paid to the tenant, The landlord shall pay directly to the
  435  tenant, or credit against the current month’s rent, the interest
  436  due to the tenant at least once annually. However, no interest
  437  may not be paid to shall be due a tenant who wrongfully
  438  terminates his or her tenancy before prior to the end of the
  439  rental term.
  440         Section 8. Paragraph (a) of subsection (1) of section
  441  83.51, Florida Statutes, is amended to read:
  442         83.51 Landlord’s obligation to maintain premises.—
  443         (1) The landlord at all times during the tenancy shall:
  444         (a) Comply with the requirements of applicable building,
  445  housing, and health codes. The landlord, at commencement of the
  446  tenancy, must inspect the dwelling unit to ensure compliance
  447  with all applicable codes; or
  448  
  449  The landlord is not required to maintain a mobile home or other
  450  structure owned by the tenant. The landlord’s obligations under
  451  this subsection may be altered or modified in writing with
  452  respect to a single-family home or duplex.
  453         Section 9. Section 83.54, Florida Statutes, is amended to
  454  read:
  455         83.54 Enforcement of rights and duties; civil action;
  456  criminal offenses.—Any right or duty declared in this part is
  457  enforceable by civil action. A right or duty enforced by civil
  458  action under this section does not preclude prosecution for a
  459  criminal offense related to the rental agreement or rented
  460  dwelling unit or premises. In an action brought by a tenant for
  461  wrongful termination of a rental agreement, if the court finds
  462  in favor of the tenant, any eviction complaint filed by the
  463  landlord must be dismissed and the record of such filing removed
  464  from the tenant’s credit report lease or leased property.
  465         Section 10. Present subsections (5) and (6) of section
  466  83.56, Florida Statutes, are redesignated as subsections (6) and
  467  (7), respectively, new subsections (5) and (8) are added to that
  468  section, and subsections (2), (3), and (4), and paragraph (b) of
  469  present subsection (5), and present subsection (6) are amended,
  470  to read:
  471         83.56 Termination of rental agreement.—
  472         (2)(a)A landlord must have good cause to terminate a
  473  rental agreement. The following reasons constitute good cause
  474  allowing for termination of a rental agreement:
  475         1.The destruction, damage, or misuse of the landlord’s or
  476  other tenants’ property by intentional act.
  477         2.A tenant’s disorderly conduct or continued unreasonable
  478  disturbance.
  479         3.Failure of the tenant to comply with s. 83.52.
  480         4.A violation or breach of the landlord’s reasonable rules
  481  and regulations.
  482         5.A violation or breach of covenants or agreements
  483  contained in the rental agreement.
  484         6.Use of the dwelling unit or premises for illegal
  485  purposes or acts that the tenant has been criminally charged
  486  with, including, but not limited to, the manufacture, sale, or
  487  use of illegal drugs, theft of property, or assault or threats
  488  on the landlord or his or her relatives, as defined in s.
  489  494.001(33), or employees.
  490         7.The dwelling unit or premises are removed from the
  491  rental market because the state, any political subdivision as
  492  defined in s. 1.01(8), or other entity exercises its power of
  493  eminent domain, the landlord seeks in good faith to permanently
  494  remove the property from the rental market, or the landlord is
  495  converting the dwelling unit or premises from the rental market
  496  to a condominium, cooperative, or fee simple ownership.
  497         8.The dwelling unit or premises are being used as an
  498  incident of employment and such employment is terminated.
  499         9.The landlord seeks in good faith to recover possession
  500  of the dwelling unit or premises for his or her own use and
  501  occupancy as a principal residence, or for the use and occupancy
  502  as a principal residence by a relative, as defined in s.
  503  494.001(33), of the landlord.
  504         (b) If any of the violations in subparagraphs 1.-6. exist
  505  the tenant materially fails to comply with s. 83.52 or material
  506  provisions of the rental agreement, other than a failure to pay
  507  rent, or reasonable rules or regulations, the landlord may:
  508         1.(a) If the violation such noncompliance is of a nature
  509  that the tenant should not be given an opportunity to cure it or
  510  if the violation noncompliance constitutes a subsequent or
  511  continuing violation noncompliance within 12 months after of a
  512  written warning by the landlord of a similar violation, deliver
  513  a written notice to the tenant specifying the violation
  514  noncompliance and the landlord’s intent to terminate the rental
  515  agreement by reason thereof. Examples of noncompliance which are
  516  of a nature that the tenant should not be given an opportunity
  517  to cure include, but are not limited to, destruction, damage, or
  518  misuse of the landlord’s or other tenants’ property by
  519  intentional act or a subsequent or continued unreasonable
  520  disturbance. In such event, the landlord may terminate the
  521  rental agreement, and the tenant has shall have 7 days after
  522  from the date that the notice is delivered to vacate the
  523  premises. The notice must shall be in substantially the
  524  following form:
  525         You are advised that your rental agreement lease is
  526  terminated effective immediately. You shall have 7 days after
  527  from the delivery of this letter to vacate the premises. This
  528  action is taken because ...(cite the violation
  529  noncompliance)....
  530         2.(b) If the violation such noncompliance is of a nature
  531  that the tenant should be given an opportunity to cure it,
  532  deliver a written notice to the tenant specifying the violation
  533  noncompliance, including a notice that, if the violation
  534  noncompliance is not corrected within 7 days after from the date
  535  that the written notice is delivered, the landlord will shall
  536  terminate the rental agreement by reason thereof. Examples of
  537  such noncompliance include, but are not limited to, activities
  538  in contravention of the lease or this part such as having or
  539  permitting unauthorized pets, guests, or vehicles; parking in an
  540  unauthorized manner or permitting such parking; or failing to
  541  keep the premises clean and sanitary. If such violation
  542  noncompliance recurs within 12 months after receipt of such
  543  notice, an eviction action may commence without delivering a
  544  subsequent notice pursuant to subparagraph 1. paragraph (a) or
  545  this subparagraph paragraph. The notice must shall be in
  546  substantially the following form:
  547         You are hereby notified that ...(cite the violation
  548  noncompliance).... Demand is hereby made that you remedy the
  549  violation noncompliance within 7 days after of receipt of this
  550  notice or your rental agreement will be lease shall be deemed
  551  terminated and you must shall vacate the premises upon such
  552  termination. If this same conduct or conduct of a similar nature
  553  is repeated within 12 months, your tenancy is subject to
  554  termination without further warning and without your being given
  555  an opportunity to cure the violation noncompliance.
  556         (c)If any other reason provided in paragraph (a) exists,
  557  the landlord may deliver a written notice to the tenant of the
  558  landlord’s intent to terminate the rental agreement. The written
  559  notice must specify the reason for the termination. In such
  560  event, the tenant has 7 days after the date that the notice is
  561  delivered to vacate the premises.
  562         (3) If the tenant fails to pay rent when due and the
  563  default continues for 3 days, excluding Saturday, Sunday, and
  564  legal holidays, after delivery of written demand by the landlord
  565  for payment of the rent or possession of the premises, or if the
  566  tenant habitually pays late or fails to pay the full amount of
  567  rent after being given notice of a rent increase as required in
  568  s. 83.46(4), the landlord may terminate the rental agreement.
  569  Habitual late payments means more than one late payment
  570  following the landlord’s first written demand for payment. Legal
  571  holidays for the purpose of this section shall be court-observed
  572  holidays only. The 3-day notice shall contain a statement in
  573  substantially the following form:
  574         You are hereby notified that you are indebted to me in the
  575  sum of .... dollars for the rent and use of the premises
  576  ...(address of leased premises, including county)..., Florida,
  577  now occupied by you and that I demand payment of the rent or
  578  possession of the premises within 3 days (excluding Saturday,
  579  Sunday, and legal holidays) after from the date of delivery of
  580  this notice, to wit: on or before the .... day of ....,
  581  ...(year)....
  582  ...(landlord’s name, address and phone number)...
  583  
  584         (4) The delivery of the written notices required by
  585  subsections (1), (2), and (3), and (8) must shall be by mailing
  586  or delivery of a true copy thereof or, if the tenant is absent
  587  from the premises, by leaving a copy thereof at the residence.
  588  The notice requirements of subsections (1), (2), and (3), and
  589  (8) may not be waived in the rental agreement lease.
  590         (5)Notwithstanding any other law to the contrary, if the
  591  landlord knows or reasonably should know that the tenant is
  592  pregnant or there are children under the age of 18 years living
  593  in the dwelling unit, the landlord must provide the tenant at
  594  least 3 months after delivery of a written notice under
  595  subsection (2) or subsection (3) to vacate the premises before
  596  bringing an action for possession of the dwelling unit under s.
  597  83.59.
  598         (6)(5)
  599         (b) Any tenant who wishes to defend against an action by
  600  the landlord for possession of the unit for noncompliance of the
  601  rental agreement or of relevant statutes must comply with s.
  602  83.60(2). The court may not set a date for mediation or trial
  603  unless the provisions of s. 83.60(2) have been met, but must
  604  enter a default judgment for removal of the tenant with a writ
  605  of possession to issue immediately if the tenant fails to comply
  606  with s. 83.60(2).
  607         (7)(6) If the rental agreement is terminated, the landlord
  608  shall comply with s. 83.49(4) s. 83.49(3).
  609         (8)(a)If the landlord seeks in good faith to undertake
  610  substantial repairs to the dwelling unit or premises that cannot
  611  be completed while the dwelling unit is occupied, and that are
  612  necessary to bring the dwelling unit or premises into compliance
  613  with applicable codes and laws or under an outstanding notice of
  614  code violations, the landlord may deliver a written notice to
  615  the tenant of the landlord’s intent to terminate the rental
  616  agreement. In such event, the tenant has 7 days after the date
  617  that the notice is delivered to vacate the premises.
  618         (b)A notice terminating a rental agreement under this
  619  subsection must include the following information:
  620         1.A statement in substantially the following form: “When
  621  the needed repairs are completed on your dwelling unit or the
  622  premises, the landlord must offer you the opportunity to return
  623  to your dwelling unit with a rental agreement of substantially
  624  the same terms and at the same rent, subject to the landlord’s
  625  right to obtain a rent increase for capital improvements.”
  626         2.If a landlord owns other residential dwelling units and
  627  any such unit is available, a statement informing the tenant of
  628  the existence of the available unit and an offer to enter into a
  629  temporary rental agreement for the available unit or an offer to
  630  enter into a new rental agreement for the available unit. The
  631  landlord must offer the replacement dwelling unit to the tenant
  632  at a rent based on the rent that the tenant is currently paying,
  633  allowing for adjustments based on the condition, size, and other
  634  amenities of the replacement unit.
  635         3.An estimate of the time required to complete the repairs
  636  and the date upon which it is expected that the dwelling unit
  637  will be ready for habitation.
  638         (c)Upon completion of the repairs of the dwelling unit or
  639  premises, the landlord must offer the tenant the first right to
  640  return to the dwelling unit at the same rent and under a rental
  641  agreement of substantially the same terms, subject to the
  642  landlord’s right to obtain a rent increase for capital
  643  improvements.
  644         Section 11. Subsection (2) of section 83.60, Florida
  645  Statutes, is amended to read:
  646         83.60 Defenses to action for rent or possession;
  647  procedure.—
  648         (2) In an action by the landlord for possession of a
  649  dwelling unit, if the tenant interposes any defense other than
  650  payment, including, but not limited to, the defense of a
  651  defective 3-day notice, the tenant must shall pay into the
  652  registry of the court the accrued rent as alleged in the
  653  complaint or as determined by the court and the rent that
  654  accrues during the pendency of the proceeding, when due. The
  655  clerk shall notify the tenant of such requirement in the
  656  summons. Failure of the tenant to pay the rent into the registry
  657  of the court or to file a motion to determine the amount of rent
  658  to be paid into the registry within 5 days, excluding Saturdays,
  659  Sundays, and legal holidays, after the date of service of
  660  process constitutes an absolute waiver of the tenant’s defenses
  661  other than payment, and the landlord is entitled to an immediate
  662  default judgment for removal of the tenant with a writ of
  663  possession to issue without further notice or hearing thereon.
  664  If a motion to determine rent is filed, documentation in support
  665  of the allegation that the rent as alleged in the complaint is
  666  in error is required. Public housing tenants or tenants
  667  receiving rent subsidies are required to deposit only that
  668  portion of the full rent for which they are responsible pursuant
  669  to the federal, state, or local program in which they are
  670  participating.
  671         Section 12. Section 83.626, Florida Statutes, is created to
  672  read:
  673         83.626Court records of eviction proceedings.—
  674         (1)A tenant or mobile home owner who is a defendant in an
  675  eviction proceeding under this part or s. 723.061 may file a
  676  motion with the court to have the records of such proceeding
  677  sealed and to have his or her name substituted with “tenant” on
  678  the progress docket if any of the following conditions are
  679  satisfied:
  680         (a)The parties file a joint stipulation requesting relief
  681  under this section.
  682         (b)The case was dismissed.
  683         (c)The case was resolved by settlement or stipulation of
  684  the parties and the defendant has complied with the terms of the
  685  agreement.
  686         (d)A default judgment was entered against the defendant
  687  and the defendant has satisfied any monetary award included in
  688  the judgment. This paragraph does not apply if the action was
  689  brought under s. 83.56(2)(a) or s. 723.061(1)(b) or (c) for
  690  material noncompliance, other than nonpayment of rent, because
  691  of the tenant’s intentional destruction, damage, or misuse of
  692  the landlord’s property.
  693         (e)A judgment was entered against the defendant on the
  694  merits at least 5 years before the motion was filed under this
  695  subsection and the defendant has satisfied any monetary award
  696  included in the judgment. This paragraph does not apply if the
  697  action was brought under s. 83.56(2)(a) or s. 723.061(1)(b) or
  698  (c) for material noncompliance, other than nonpayment of rent,
  699  because of the tenant’s intentional destruction, damage, or
  700  misuse of the landlord’s property.
  701         (2)(a)The court shall grant such motion without a hearing
  702  if the requirements in paragraph (1)(a) or paragraph (1)(b) are
  703  satisfied.
  704         (b)If the defendant files a motion on the basis of
  705  paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) being
  706  satisfied, the defendant must also serve a copy of the motion on
  707  all parties to the proceeding. If a written objection is filed
  708  within 30 days after such service, the court must schedule a
  709  hearing. If no written objection is filed within 30 days after
  710  service of the motion, or the court determines after a hearing
  711  that the defendant is eligible for relief, the court must grant
  712  the motion.
  713         (3)A tenant or mobile home owner is entitled to relief
  714  under subsection (2) only once. When a tenant or mobile home
  715  owner files a motion under subsection (1), he or she must also
  716  submit a sworn statement under penalty of perjury affirming that
  717  he or she has not previously received such relief from a court
  718  in the state.
  719         (4)In an eviction proceeding under this part or s.
  720  723.061, the court must substitute a defendant’s name on the
  721  progress docket with “tenant” if a judgment is entered in favor
  722  of the defendant.
  723         (5)A defendant is not eligible for relief under this
  724  section if:
  725         (a)During any 12-month period, the defendant has had a
  726  judgment entered against him or her in two or more eviction
  727  proceedings; or
  728         (b)During any 24-month period, the defendant has had a
  729  judgment entered against him or her in three or more eviction
  730  proceedings.
  731         (6)This section applies to any judgment entered before,
  732  on, or after July 1, 2023.
  733         Section 13. Section 83.63, Florida Statutes, is amended to
  734  read:
  735         83.63 Casualty damage.—If the premises are damaged or
  736  destroyed other than by the wrongful or negligent acts of the
  737  tenant so that the enjoyment of the premises is substantially
  738  impaired, the tenant may terminate the rental agreement and
  739  immediately vacate the premises. The tenant may vacate the part
  740  of the premises rendered unusable by the casualty, in which case
  741  the tenant’s liability for rent shall be reduced by the fair
  742  rental value of that part of the premises damaged or destroyed.
  743  If the rental agreement is terminated, the landlord shall comply
  744  with s. 83.49(4) s. 83.49(3).
  745         Section 14. Section 83.67, Florida Statutes, is amended to
  746  read:
  747         83.67 Prohibited practices.—
  748         (1) A landlord of any dwelling unit governed by this part
  749  may shall not cause, directly or indirectly, the termination or
  750  interruption of any utility service furnished to the tenant,
  751  including, but not limited to, water, heat, light, electricity,
  752  gas, elevator, garbage collection, or refrigeration, whether or
  753  not the utility service is under the control of, or payment is
  754  made by, the landlord.
  755         (2) A landlord of any dwelling unit governed by this part
  756  may shall not prevent the tenant from gaining reasonable access
  757  to the dwelling unit by any means, including, but not limited
  758  to, changing the locks or using any bootlock or similar device.
  759         (3) A landlord of any dwelling unit governed by this part
  760  may shall not discriminate against a servicemember in offering a
  761  dwelling unit for rent or in any of the terms of the rental
  762  agreement.
  763         (4)A landlord of any dwelling unit governed by this part
  764  may not discriminate against a person in offering a dwelling
  765  unit for rent or in any of the terms of the rental agreement
  766  based on the person’s race; color; religion; sex; pregnancy;
  767  national origin; age; physical, mental, or developmental
  768  disability; HIV status; familial status; sexual orientation;
  769  gender identity; source of income; or credit score. For purposes
  770  of this subsection, the term:
  771         (a)“Familial status” means the makeup of a person’s
  772  family, including whether there is a child under the age of 18
  773  living with the person or whether the person is seeking custody
  774  of a child under the age of 18.
  775         (b)“Gender identity” means the identity, appearance, or
  776  behavior of a person, regardless of whether such identity,
  777  appearance, or behavior is different from that traditionally
  778  associated with the person’s physiology or assigned sex at
  779  birth.
  780         (c)“Sexual orientation” means a person’s heterosexuality,
  781  homosexuality, or bisexuality.
  782         (5)A landlord of any dwelling unit governed by this part
  783  may not harass or intimidate a tenant for the purpose of
  784  coercing the tenant into terminating the rental agreement.
  785         (6)A landlord of any dwelling unit governed by this part
  786  may not refuse to show the dwelling unit, either in person or
  787  through photographs, to a prospective tenant until the
  788  prospective tenant signs a rental agreement.
  789         (7)Unless otherwise required by law, a landlord of any
  790  dwelling unit governed by this part may not inquire into or
  791  consider a prospective tenant’s criminal history on a rental
  792  application or rental agreement. A landlord may inquire into or
  793  consider a prospective tenant’s criminal history only after the
  794  landlord otherwise determines that the prospective tenant
  795  otherwise qualifies to rent a dwelling unit.
  796         (8)If a landlord requires a prospective tenant to complete
  797  a rental application before residing in a dwelling unit, the
  798  landlord may not charge an excessive rental application fee. If,
  799  after a prospective tenant submits a rental application and
  800  application fee, a dwelling unit is not available, the landlord
  801  must refund the application fee to the prospective tenant.
  802         (9)(4) A landlord may shall not prohibit a tenant from
  803  displaying one portable, removable, cloth or plastic United
  804  States flag, not larger than 4 and 1/2 feet by 6 feet, in a
  805  respectful manner in or on the dwelling unit regardless of any
  806  provision in the rental agreement dealing with flags or
  807  decorations. The United States flag shall be displayed in
  808  accordance with s. 83.52(6). The landlord is not liable for
  809  damages caused by a United States flag displayed by a tenant.
  810  Any United States flag may not infringe upon the space rented by
  811  any other tenant.
  812         (10)(5) A landlord of any dwelling unit governed by this
  813  part may shall not remove the outside doors, locks, roof, walls,
  814  or windows of the unit except for purposes of maintenance,
  815  repair, or replacement; and the landlord may shall not remove
  816  the tenant’s personal property from the dwelling unit unless
  817  such action is taken after surrender, abandonment, recovery of
  818  possession of the dwelling unit due to the death of the last
  819  remaining tenant in accordance with s. 83.59(3)(d), or a lawful
  820  eviction. If provided in the rental agreement or a written
  821  agreement separate from the rental agreement, upon surrender or
  822  abandonment by the tenant, the landlord is not required to
  823  comply with s. 715.104 and is not liable or responsible for
  824  storage or disposition of the tenant’s personal property; if
  825  provided in the rental agreement, there must be printed or
  826  clearly stamped on such rental agreement a legend in
  827  substantially the following form:
  828  BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON
  829  SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE
  830  DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS
  831  PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD IS SHALL
  832  NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE
  833  TENANT’S PERSONAL PROPERTY.
  834  For the purposes of this section, abandonment is determined
  835  shall be as provided set forth in s. 83.59(3)(c).
  836         (11)(6) A landlord who violates any provision of this
  837  section is shall be liable to the tenant for actual and
  838  consequential damages or 3 months’ rent, whichever is greater,
  839  and costs, including attorney attorney’s fees. Subsequent or
  840  repeated violations that are not contemporaneous with the
  841  initial violation are shall be subject to separate awards of
  842  damages.
  843         (12)(7) A violation of this section constitutes irreparable
  844  harm for the purposes of injunctive relief.
  845         (13)(8) The remedies provided by this section are not
  846  exclusive and do not preclude the tenant from pursuing any other
  847  remedy at law or equity that the tenant may have. The remedies
  848  provided by this section shall also apply to a servicemember or
  849  person who is a prospective tenant who has been discriminated
  850  against under subsection (3) or subsection (4) subsection (3).
  851         Section 15. Section 83.675, Florida Statutes, is created to
  852  read:
  853         83.675Tenant opportunity to purchase.—
  854         (1)For purposes of this section, the term:
  855         (a)“Bona fide offer of sale” means an offer for a price,
  856  and, including other material terms, that is at least as
  857  favorable as what would be accepted by a purchaser in an arm’s
  858  length third-party contract, that is comparable to that at which
  859  a willing seller and a willing buyer would sell and purchase the
  860  dwelling unit or the premises on which the dwelling unit is
  861  located, or that is the appraised value.
  862         (b)“Highest and best use” means the reasonable legal use
  863  of a dwelling unit or the premises on which the dwelling unit is
  864  located that is physically possible, appropriately supported,
  865  and financially feasible and that results in the highest value
  866  of the dwelling unit or premises.
  867         (c)“Matter-of-right” means the appropriate land use,
  868  development density, or building requirements of the dwelling
  869  unit or the premises on which the dwelling unit is located under
  870  zoning regulations and law.
  871         (2)Before a landlord may sell a dwelling unit or the
  872  premises on which a dwelling unit is located or issue a notice
  873  to vacate the dwelling unit or premises for purposes of
  874  demolition or discontinuance of housing use, the landlord must
  875  give the tenant an opportunity to purchase the dwelling unit or
  876  the premises at a price and with material terms that represent a
  877  bona fide offer of sale.
  878         (3)A landlord shall provide the tenant a copy of the offer
  879  of sale, in the preferred language of the tenant, by hand
  880  delivery, e-mail, and certified mail. A landlord may not retain
  881  a percentage of ownership in the dwelling unit or the premises
  882  on which the dwelling unit is located in the offer of sale.
  883         (4)The sales price contained in the offer of sale may not
  884  be more than a price comparable to that at which a willing
  885  seller and a willing buyer would sell and purchase the dwelling
  886  unit or the premises on which the dwelling unit is located or
  887  the appraised value of the dwelling unit or premises.
  888         (5)The appraisal value must be based on rights a landlord
  889  has as a matter-of-right as of the date of the offer of sale,
  890  including any existing right a landlord may have to convert the
  891  dwelling unit or the premises on which the dwelling unit is
  892  located to another use. The appraisal value may take into
  893  consideration the highest and best use of the dwelling unit or
  894  premises.
  895         (6)A tenant may challenge an offer of sale as not being a
  896  bona fide offer of sale and request a determination of the
  897  appraised value by an independent licensed appraiser, as defined
  898  in s. 475.611, at the expense of the tenant, by providing
  899  written notice to the landlord and the Division of Consumer
  900  Services within the Department of Agriculture and Consumer
  901  Services by hand delivery, electronic transmission, or certified
  902  mail within 30 days after receipt of the offer of sale.
  903         (7)The landlord has the burden of proof to establish that
  904  an offer of sale under this section is a bona fide offer of
  905  sale.
  906         Section 16. Section 83.676, Florida Statutes, is created to
  907  read:
  908         83.676Early termination of rental agreement by a victim of
  909  domestic violence, dating violence, sexual violence, or
  910  stalking; lock changing.—
  911         (1)As used in this section, the term:
  912         (a)“Dating violence” has the same meaning as in s.
  913  784.046.
  914         (b)“Domestic violence” has the same meaning as in s.
  915  741.28.
  916         (c)“Sexual violence” has the same meaning as in s.
  917  784.046.
  918         (d)“Stalking” has the same meaning as in s. 784.048.
  919         (2)A landlord may not terminate a rental agreement or
  920  evict a tenant for an incident involving actual or threatened
  921  domestic violence, dating violence, sexual violence, or stalking
  922  if the tenant or the tenant’s minor child is the victim of such
  923  actual or threatened violence or stalking. A rental agreement
  924  may not include a provision deeming that early termination of a
  925  rental agreement because of an incident involving actual or
  926  threatened domestic violence, dating violence, sexual violence,
  927  or stalking, in which the tenant or the tenant’s minor child is
  928  a victim and not the perpetrator, is a breach of the rental
  929  agreement.
  930         (3)(a)If a tenant or a tenant’s minor child is a victim of
  931  actual or threatened domestic violence, dating violence, sexual
  932  violence, or stalking during the term of a rental agreement, the
  933  tenant may, without penalty, terminate the rental agreement at
  934  any time by providing the landlord with written notice of the
  935  tenant’s intent to terminate the rental agreement and to vacate
  936  the premises because of such incident. The termination of the
  937  rental agreement is effective immediately upon delivery of the
  938  written notice and documentation specified in paragraph (b), if
  939  applicable, to the landlord.
  940         (b)Unless the landlord notifies the tenant that
  941  documentation is not needed, a notice of termination from the
  942  tenant required under paragraph (a) must be accompanied by
  943  documentation verifying the tenant’s or the tenant’s minor
  944  child’s status as a victim of actual or threatened domestic
  945  violence, dating violence, sexual violence, or stalking and may
  946  include:
  947         1.A copy of an injunction for protection against domestic
  948  violence, dating violence, sexual violence, or stalking issued
  949  to the tenant as victim or as parent of a minor victim;
  950         2.A copy of an order of no contact or a criminal
  951  conviction entered by a court in a criminal case in which the
  952  defendant was charged with a crime relating to domestic
  953  violence, dating violence, sexual violence, or stalking against
  954  the tenant or the tenant’s minor child;
  955         3.A written verification from a domestic violence center
  956  certified under chapter 39 or a rape crisis center as defined in
  957  s. 794.055 which states that the tenant or the tenant’s minor
  958  child is a victim of actual or threatened domestic violence,
  959  dating violence, sexual violence, or stalking; or
  960         4.A copy of a law enforcement report documenting an
  961  incident of actual or threatened domestic violence, dating
  962  violence, sexual violence, or stalking against the tenant or the
  963  tenant’s minor child.
  964         (c)A notice of termination from the tenant required under
  965  paragraph (a) must be provided by certified mail or hand
  966  delivery to the landlord, a person authorized to receive notices
  967  on behalf of the landlord under s. 83.50, a resident manager, or
  968  the person or entity that collects the rent on behalf of the
  969  landlord.
  970         (d)If a rental agreement with a specific duration is
  971  terminated by a tenant under this subsection less than 30 days
  972  before the end of the rental agreement, the tenant is liable for
  973  the rent for the remaining period of the rental agreement. If a
  974  rental agreement with a specific duration is terminated by a
  975  tenant under this subsection 30 or more days before the end of
  976  the rental agreement, the tenant is liable for prorated rent for
  977  a period of 30 days immediately following delivery of the notice
  978  of termination. After compliance with this paragraph, the tenant
  979  is released from any further obligation to pay rent,
  980  concessions, damages, fees, or penalties, and the landlord is
  981  not entitled to the remedies provided in s. 83.595.
  982         (e)If a rental agreement is terminated by a tenant under
  983  this subsection, the landlord must comply with s. 83.49(3). A
  984  tenant who terminates a rental agreement under this subsection
  985  does not forfeit any deposit money or advance rent paid to the
  986  landlord.
  987         (f)This subsection does not affect a tenant’s liability
  988  for unpaid rent or other amounts owed to the landlord before the
  989  termination of the rental agreement under this subsection.
  990         (g)If the perpetrator of actual or threatened domestic
  991  violence, dating violence, sexual violence, or stalking is also
  992  a tenant under the same rental agreement as the tenant who is a
  993  victim, or whose minor child is a victim, of such actual or
  994  threatened violence or stalking, neither the perpetrator’s
  995  liability for rent nor his or her other obligations under the
  996  rental agreement are terminated under this subsection, and the
  997  landlord is entitled to the rights and remedies provided by this
  998  part against the perpetrator.
  999         (4)(a)A tenant or a tenant’s minor child who is a victim
 1000  of actual or threatened domestic violence, dating violence,
 1001  sexual violence, or stalking and who wishes to remain in the
 1002  dwelling unit may make a written request to the landlord
 1003  accompanied by any one of the documents listed in paragraph
 1004  (3)(b), and the landlord shall, within 24 hours after receipt of
 1005  the request, change the locks of the tenant’s dwelling unit and
 1006  provide the tenant with a key to the new locks.
 1007         (b)If the landlord fails to change the locks within 24
 1008  hours, the tenant may change the locks without the landlord’s
 1009  permission, notwithstanding any contrary provision in the rental
 1010  agreement or other applicable rules or regulations imposed by
 1011  the landlord, if all of the following conditions have been met:
 1012         1.The locks are changed in like manner as if the landlord
 1013  had changed the locks, with locks of similar or better quality
 1014  than the original locks.
 1015         2.The landlord is notified within 24 hours after the
 1016  changing of the locks.
 1017         3.The landlord is provided a key to the new locks within a
 1018  reasonable time.
 1019         (c)If the locks are changed under this subsection, the
 1020  landlord is not liable to any person who does not have access to
 1021  the dwelling unit.
 1022         (5)A landlord may not refuse to enter into a rental
 1023  agreement for a dwelling unit, refuse to negotiate for the
 1024  rental of a dwelling unit, make a dwelling unit unavailable, or
 1025  retaliate in the rental of a dwelling unit because:
 1026         (a)The tenant, prospective tenant, or minor child of the
 1027  tenant or prospective tenant is a victim of actual or threatened
 1028  domestic violence, dating violence, sexual violence, or
 1029  stalking; or
 1030         (b)The tenant or prospective tenant has previously
 1031  terminated a rental agreement because of an incident involving
 1032  actual or threatened domestic violence, dating violence, sexual
 1033  violence, or stalking in which the tenant, prospective tenant,
 1034  or minor child of the tenant or prospective tenant was a victim.
 1035  
 1036  However, the landlord may refuse to enter into a rental
 1037  agreement, negotiate for the rental of a dwelling unit, or make
 1038  a dwelling unit available if the tenant or prospective tenant
 1039  fails to comply with the landlord’s request for documentation of
 1040  an incident of actual or threatened domestic violence, dating
 1041  violence, sexual violence, or stalking that occurred before
 1042  termination of a prior rental agreement. A landlord’s request
 1043  for documentation is satisfied upon the tenant’s or prospective
 1044  tenant’s provision of any one of the documents listed in
 1045  paragraph (3)(b).
 1046         (6)All information provided to a landlord under
 1047  subsections (3), (4), and (5), including the fact that a tenant,
 1048  prospective tenant, or a tenant’s or prospective tenant’s minor
 1049  child is a victim of actual or threatened domestic violence,
 1050  dating violence, sexual violence, or stalking, and including the
 1051  tenant’s forwarding address, is confidential. The landlord may
 1052  not enter such information into any shared database or provide
 1053  the information to any other person or entity, except to the
 1054  extent such disclosure is:
 1055         (a)Made to a person specified in paragraph (3)(c) solely
 1056  for a legitimate business purpose;
 1057         (b)Requested, or consented to, in writing by the tenant or
 1058  the tenant’s legal guardian;
 1059         (c)Required for use in a judicial proceeding; or
 1060         (d)Otherwise required by law.
 1061         (7)A tenant or prospective tenant, on his or her own
 1062  behalf or on behalf of his or her minor child, may file a civil
 1063  action against a landlord for a violation of this section. A
 1064  landlord who violates subsection (5) or subsection (6) is
 1065  civilly liable to the victim for $1,000 for punitive damages,
 1066  actual and consequential damages, and court costs, including
 1067  reasonable attorney fees, unless the landlord can show that this
 1068  was the landlord’s first violation and the violation was not
 1069  committed in bad faith. Subsequent or repeated violations that
 1070  are not contemporaneous with the initial violation are subject
 1071  to separate awards of damages.
 1072         (8)The provisions of this section may not be waived or
 1073  modified by a rental agreement.
 1074         Section 17. Subsections (3) and (6) of section 125.0103,
 1075  Florida Statutes, are amended to read:
 1076         125.0103 Ordinances and rules imposing price controls;
 1077  findings required; procedures.—
 1078         (3)Any law, ordinance, rule, or other measure which has
 1079  the effect of imposing controls on rents shall terminate and
 1080  expire within 1 year and shall not be extended or renewed except
 1081  by the adoption of a new measure meeting all the requirements of
 1082  this section.
 1083         (5)(6) In any court action brought to challenge the
 1084  validity of rent control imposed pursuant to the provisions of
 1085  this section, the evidentiary effect of any findings or
 1086  recitations required by subsection (4)(5) shall be limited to
 1087  imposing upon any party challenging the validity of such measure
 1088  the burden of going forward with the evidence, and the burden of
 1089  proof (that is, the risk of nonpersuasion) shall rest upon any
 1090  party seeking to have the measure upheld.
 1091         Section 18. Subsection (14) is added to section 163.31801,
 1092  Florida Statutes, to read:
 1093         163.31801 Impact fees; short title; intent; minimum
 1094  requirements; audits; challenges.—
 1095         (14)A local government may adopt by ordinance or a special
 1096  district may adopt by resolution an impact fee that is charged
 1097  to a developer when residents are displaced from their homes due
 1098  to gentrification by the developer. The revenue generated from
 1099  an impact fee must be used for affordable housing in the county,
 1100  municipality, or special district that adopted such impact fee.
 1101         Section 19. Subsections (3) and (6) of section 166.043,
 1102  Florida Statutes, are amended to read:
 1103         166.043 Ordinances and rules imposing price controls;
 1104  findings required; procedures.—
 1105         (3)Any law, ordinance, rule, or other measure which has
 1106  the effect of imposing controls on rents shall terminate and
 1107  expire within 1 year and shall not be extended or renewed except
 1108  by the adoption of a new measure meeting all the requirements of
 1109  this section.
 1110         (5)(6) In any court action brought to challenge the
 1111  validity of rent control imposed pursuant to the provisions of
 1112  this section, the evidentiary effect of any findings or
 1113  recitations required by subsection (4)(5) shall be limited to
 1114  imposing upon any party challenging the validity of such measure
 1115  the burden of going forward with the evidence, and the burden of
 1116  proof (that is, the risk of nonpersuasion) shall rest upon any
 1117  party seeking to have the measure upheld.
 1118         Section 20. Section 201.025, Florida Statutes, is created
 1119  to read:
 1120         201.025Tax on deeds relating to residential property
 1121  purchased by private equity firms.—
 1122         (1)When a deed, an instrument, or other writing for a
 1123  residential single-family dwelling, a manufactured home, or an
 1124  apartment complex is granted, assigned, transferred, or
 1125  otherwise conveyed to a purchaser who is a private equity firm
 1126  or corporation that has at least $20 million in assets, the tax
 1127  is $100 on each $100 of the consideration.
 1128         (2)All documentary stamp tax revenues generated under this
 1129  section must be deposited into the Florida Affordable Housing
 1130  Trust Fund.
 1131         (3)Taxes imposed by this section do not apply to an
 1132  assignment, a deed, a transfer, a conveyance, or other
 1133  disposition, which arises out of a transfer of real property if
 1134  the purchaser is:
 1135         (a)A nonprofit organization as defined in s. 201.02(6).
 1136         (b)A government entity as defined in s. 768.295(2).
 1137         (c)A person purchasing such real property pursuant to a
 1138  government program to provide housing to low-income persons as
 1139  defined in s. 420.0004(11).
 1140         Section 21. This act shall take effect July 1, 2023.