Bill Text: FL S1244 | 2024 | Regular Session | Introduced


Bill Title: Housing

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Judiciary [S1244 Detail]

Download: Florida-2024-S1244-Introduced.html
       Florida Senate - 2024                                    SB 1244
       
       
        
       By Senator Torres
       
       
       
       
       
       25-01482-24                                           20241244__
    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 duties of the
    8         secretary; providing the purpose of the department;
    9         requiring that a report on the implementation of an
   10         empty homes tax be provided to the Governor and
   11         Legislature by a specified date; providing government
   12         reorganization for certain chapters of law; amending
   13         s. 83.43, F.S.; revising definitions; creating s.
   14         83.455, F.S.; providing requirements for rental
   15         agreements; requiring landlords to provide certain
   16         information with rental agreements; amending s. 83.46,
   17         F.S.; requiring that a landlord provide written notice
   18         of a rent increase to a tenant by a specified time;
   19         requiring such notice to include an option for
   20         mediation under certain circumstances; amending s.
   21         83.47, F.S.; providing that certain provisions in a
   22         rental agreement are void and unenforceable; amending
   23         s. 83.49, F.S.; prohibiting landlords from charging
   24         tenants a security deposit that is more than 1 month’s
   25         rent; requiring landlords to allow tenants to pay
   26         security deposits in monthly increments; providing
   27         requirements for security deposits when rental
   28         agreements are terminated early; removing the option
   29         for a landlord to deposit certain money into a non
   30         interest-bearing account; revising written notice
   31         requirements to tenants; providing for damages if a
   32         landlord fails to meet certain requirements; amending
   33         s. 83.51, F.S.; requiring a landlord to inspect a
   34         dwelling unit at a specified time to ensure compliance
   35         with applicable codes; amending s. 83.54, F.S.;
   36         requiring certain records be removed from a tenant’s
   37         credit report under certain circumstances; amending s.
   38         83.56, F.S.; revising and specifying grounds for
   39         termination of a rental agreement; requiring landlords
   40         to provide certain tenants a specified amount of time
   41         to vacate the premises after delivery of a notice to
   42         terminate the rental agreement before bringing a
   43         specified action; providing requirements for certain
   44         notices of intent to terminate a rental agreement;
   45         conforming provisions to changes made by the act;
   46         conforming a cross-reference; amending s. 83.60, F.S.;
   47         removing a requirement that certain money be paid into
   48         the registry of the court; creating s. 83.626, F.S.;
   49         authorizing tenants, mobile home owners, mobile home
   50         tenants, or mobile home occupants who are defendants
   51         in certain eviction proceedings to file a motion with
   52         the court to have the records of such proceedings
   53         sealed and to have their names substituted on the
   54         progress docket under certain conditions; providing
   55         applicability; requiring the court to grant such
   56         motions if certain requirements are met; providing
   57         that such relief be granted only once; requiring
   58         tenants, mobile home owners, mobile home tenants, or
   59         mobile home occupants to submit a specified sworn
   60         statement under penalty of perjury with their motion;
   61         requiring the court to substitute a defendant’s name
   62         on the progress docket if a judgment is entered in
   63         favor of the defendant; providing exceptions;
   64         providing retroactive applicability; amending s.
   65         83.63, F.S.; conforming a cross-reference; amending s.
   66         83.67, F.S.; prohibiting a landlord from engaging in
   67         certain conduct; providing definitions; conforming a
   68         cross-reference to changes made by the act; creating
   69         s. 83.675, F.S.; providing definitions; requiring a
   70         landlord to give tenants the opportunity to purchase
   71         the dwelling unit or premises under certain
   72         circumstances; providing requirements for an offer of
   73         sale; authorizing a tenant to challenge an offer of
   74         sale; providing a burden of proof for landlords;
   75         creating s. 83.676, F.S.; providing definitions;
   76         prohibiting a landlord from evicting a tenant or
   77         terminating a rental agreement because the tenant or
   78         the tenant’s minor child is a victim of actual or
   79         threatened domestic violence, dating violence, sexual
   80         violence, or stalking; specifying that a rental
   81         agreement may not contain certain provisions;
   82         authorizing a victim of such actual or threatened
   83         violence or stalking to terminate a rental agreement
   84         under certain circumstances; requiring certain
   85         documentation and written notice to the landlord;
   86         providing for liability for rent for both the tenant
   87         and the perpetrator, if applicable; specifying that a
   88         tenant does not forfeit certain money paid to the
   89         landlord for terminating the rental agreement under
   90         certain circumstances; requiring a landlord to change
   91         the locks of the dwelling unit within a specified time
   92         period under certain circumstances; authorizing the
   93         tenant to change the locks of the dwelling unit under
   94         certain circumstances; prohibiting certain actions by
   95         a landlord under certain circumstances; authorizing
   96         filing of a civil action and an award of damages,
   97         fees, and costs under certain circumstances;
   98         prohibiting the waiver of certain provisions; amending
   99         s. 83.681, F.S.; conforming a cross-reference;
  100         amending s. 163.31801, F.S.; authorizing local
  101         governments and special districts to adopt a specified
  102         impact fee; requiring that the revenue generated from
  103         such impact fee be used for a specified purpose;
  104         amending s. 196.061, F.S.; providing that rental of
  105         certain homestead property does not constitute
  106         abandonment in specified circumstances; creating s.
  107         201.025, F.S.; providing the amount of documentary
  108         stamp tax imposed on purchases of certain property by
  109         certain entities; requiring revenue generated by such
  110         tax to be deposited into the Florida Affordable
  111         Housing Trust Fund; providing exceptions; providing an
  112         effective date.
  113          
  114  Be It Enacted by the Legislature of the State of Florida:
  115  
  116         Section 1. This act shall be cited as the “Keep Floridians
  117  Housed Act.”
  118         Section 2. Section 20.71, Florida Statutes, is created to
  119  read:
  120         20.71Department of Housing and Tenant Rights.—
  121         (1)There is created the Department of Housing and Tenant
  122  Rights.
  123         (2)The head of the department is the secretary, who shall
  124  be appointed by the Governor, subject to confirmation by the
  125  Senate. The secretary shall serve at the pleasure of and report
  126  to the Governor. The secretary may appoint deputy and assistant
  127  secretaries as necessary to aid the secretary in fulfilling his
  128  or her statutory obligations. The secretary may create offices
  129  or divisions within the department to promote efficient and
  130  effective operation of the department.
  131         (3)The purpose of the department is to assist the Governor
  132  in working with the Legislature, state agencies, and other
  133  interested entities to formulate and implement coherent and
  134  consistent policies and strategies designed to combat affordable
  135  housing and homelessness issues in the state; assist with
  136  housing and urban development; and perpetuate amicable landlord
  137  tenant relationships.
  138         (4)The department shall, by January 1, 2025, conduct
  139  research and submit a report to the Governor, the President of
  140  the Senate, and the Speaker of the House of Representatives on a
  141  cost-benefit analysis of implementing an empty homes tax.
  142         (5)The department shall take over the role of state
  143  government from other departments that currently administer
  144  chapter 83 and chapters 419-423.
  145         Section 3. Subsections (11) and (16) of section 83.43,
  146  Florida Statutes, are amended to read:
  147         83.43 Definitions.—As used in this part, the following
  148  words and terms shall have the following meanings unless some
  149  other meaning is plainly indicated:
  150         (11) “Rent” means the periodic payments due the landlord
  151  from the tenant for occupancy under a rental agreement and any
  152  other payments due the landlord from the tenant as may be
  153  designated as rent in a written rental agreement. The term does
  154  not include deposit money, security deposits, late fees, early
  155  termination fees, liquidated damages, or any other charge or fee
  156  even if the charge or fee is designated as rent in a written
  157  rental agreement.
  158         (16) “Tenant” means any person entitled to occupy a
  159  dwelling unit or property held out for the use of tenants
  160  generally under a rental agreement.
  161         Section 4. Section 83.455, Florida Statutes, is created to
  162  read:
  163         83.455Rental agreements.—
  164         (1)Immediately after entering into, extending, or renewing
  165  a rental agreement, the tenant must be provided a copy of the
  166  rental agreement. The rental agreement must be written in plain
  167  language and, at the tenant’s request, translated into the
  168  preferred language of the tenant.
  169         (2)Notwithstanding any other provision of law, all rental
  170  agreements entered into, extended, or renewed on or after July
  171  1, 2024, must include the following provisions:
  172         (a)Before a private sale or transfer of title of the
  173  dwelling unit or the premises on which the dwelling unit is
  174  located, the landlord must provide the tenant with the right of
  175  first refusal to purchase the dwelling unit or premises as
  176  provided under s. 83.675.
  177         (b)If a landlord chooses not to extend or renew a rental
  178  agreement, he or she must provide the tenant 60 days’ notice of
  179  his or her decision and provide a written explanation for such
  180  decision.
  181         (c)If a rental agreement provision authorizes termination
  182  of the rental agreement by the landlord without cause, such
  183  provision must require the landlord to provide the tenant just
  184  compensation and comprehensive relocation assistance.
  185         (d)A landlord may not terminate a tenancy for cause during
  186  a state of emergency declared by the Governor under chapter 252.
  187         (e)During a state of emergency declared by the Governor
  188  under chapter 252, a tenant may install wind resistance
  189  improvements, as defined in s. 163.08(2)(b)3., to the dwelling
  190  unit at the tenant’s expense.
  191         (f)A landlord may not terminate a tenancy because a tenant
  192  establishes, attempts to establish, or participates in a tenant
  193  organization.
  194         Section 5. Subsection (4) is added to section 83.46,
  195  Florida Statutes, to read:
  196         83.46 Rent; duration of tenancies.—
  197         (4)A landlord must provide to a tenant a written notice,
  198  by certified mail or hand delivery, of a planned rent increase
  199  at least 60 days before the rental agreement renewal period. If
  200  the rent increase is more than 5 percent, the landlord must
  201  provide notice, by certified mail or hand delivery, at least 3
  202  months before the rental agreement renewal period. If the rent
  203  increase is more than 5 percent, the notice must also contain a
  204  statement that the tenant may elect to participate in nonbinding
  205  mediation, at the expense of the tenant, by providing written
  206  notice to the landlord, by certified mail or hand delivery,
  207  within 14 days after receipt of the notice of the rent increase.
  208  For a tenancy without a specific duration, the landlord must
  209  provide written notice, by certified mail or hand delivery, of a
  210  planned rent increase within the timeframes provided in s.
  211  83.57.
  212         Section 6. Paragraph (c) is added to subsection (1) of
  213  section 83.47, Florida Statutes, to read:
  214         83.47 Prohibited provisions in rental agreements.—
  215         (1) A provision in a rental agreement is void and
  216  unenforceable to the extent that it:
  217         (c)Purports that early termination of a rental agreement
  218  because of an incident involving actual or threatened domestic
  219  violence, dating violence, sexual violence, or stalking, in
  220  which the tenant or the tenant’s minor child is a victim and not
  221  the perpetrator, is a breach of the rental agreement.
  222         Section 7.  Present subsections (1) through (9) of section
  223  83.49, Florida Statutes, are redesignated as subsections (2)
  224  through (10), respectively, a new subsection (1) is added to
  225  that section, and present subsections (1) through (5), (7), and
  226  (9) of that section are amended, to read:
  227         83.49 Deposit money or advance rent; duty of landlord and
  228  tenant.—
  229         (1)(a)A landlord may not charge a tenant a security
  230  deposit that is more than 1 month’s rent.
  231         (b)The landlord must allow the tenant, in his or her
  232  discretion, to pay the total amount of the security deposit in
  233  12 equal payments to be paid at the same time and in the same
  234  manner as the tenant’s rent. If the duration of the rental
  235  agreement is less than 1 year, the total amount of the deposit
  236  must be paid in equal monthly payments based on the duration of
  237  the tenancy and be paid at the same time and in the same manner
  238  as the tenant’s rent.
  239         (c)If a tenant pays his or her security deposit according
  240  to paragraph (b), when the rental agreement is terminated or the
  241  tenant vacates or abandons the premises before the expiration of
  242  the term specified in the rental agreement, the tenant is
  243  entitled to a refund equivalent to the amount of the security
  244  deposit that he or she already paid, minus any deductions
  245  properly claimed by the landlord under subsection (4) for
  246  damages.
  247         (2)(1) Whenever money is deposited or advanced by a tenant
  248  on a rental agreement as security for performance of the rental
  249  agreement or as advance rent for other than the next immediate
  250  rental period, the landlord or the landlord’s agent shall
  251  either:
  252         (a)Hold the total amount of such money in a separate non
  253  interest-bearing account in a Florida banking institution for
  254  the benefit of the tenant or tenants. 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;
  258         (a)(b) Hold the total amount of such money in a separate
  259  interest-bearing account in a Florida banking institution for
  260  the benefit of the tenant or tenants, in which case the tenant
  261  shall receive and collect interest in an amount of at least 75
  262  percent of the annualized average interest rate payable on such
  263  account or interest at the rate of 5 percent per year, simple
  264  interest, whichever the landlord elects. The landlord shall not
  265  commingle such moneys with any other funds of the landlord or
  266  hypothecate, pledge, or in any other way make use of such moneys
  267  until such moneys are actually due the landlord; or
  268         (b)(c) Post a surety bond, executed by the landlord as
  269  principal and a surety company authorized and licensed to do
  270  business in the state as surety, with the clerk of the circuit
  271  court in the county in which the dwelling unit is located in the
  272  total amount of the security deposits and advance rent he or she
  273  holds on behalf of the tenants or $50,000, whichever is less.
  274  The bond shall be conditioned upon the faithful compliance of
  275  the landlord with the provisions of this section and shall run
  276  to the Governor for the benefit of any tenant injured by the
  277  landlord’s violation of the provisions of this section. In
  278  addition to posting the surety bond, the landlord shall pay to
  279  the tenant interest at the rate of 5 percent per year, simple
  280  interest. A landlord, or the landlord’s agent, engaged in the
  281  renting of dwelling units in five or more counties, who holds
  282  deposit moneys or advance rent and who is otherwise subject to
  283  the provisions of this section, may, in lieu of posting a surety
  284  bond in each county, elect to post a surety bond in the form and
  285  manner provided in this paragraph with the office of the
  286  Secretary of State. The bond shall be in the total amount of the
  287  security deposit or advance rent held on behalf of tenants or in
  288  the amount of $250,000, whichever is less. The bond shall be
  289  conditioned upon the faithful compliance of the landlord with
  290  the provisions of this section and shall run to the Governor for
  291  the benefit of any tenant injured by the landlord’s violation of
  292  this section. In addition to posting a surety bond, the landlord
  293  shall pay to the tenant interest on the security deposit or
  294  advance rent held on behalf of that tenant at the rate of 5
  295  percent per year simple interest.
  296         (3)(2) The landlord shall, in the rental lease agreement or
  297  within 30 days after receipt of advance rent or a security
  298  deposit, give written notice to the tenant which includes
  299  disclosure of the advance rent or security deposit. Subsequent
  300  to providing such written notice, if the landlord changes the
  301  manner or location in which he or she is holding the advance
  302  rent or security deposit, he or she must notify the tenant
  303  within 30 days after the change as provided in paragraphs (a)
  304  (d). The landlord is not required to give new or additional
  305  notice solely because the depository has merged with another
  306  financial institution, changed its name, or transferred
  307  ownership to a different financial institution. This subsection
  308  does not apply to any landlord who rents fewer than five
  309  individual dwelling units. Failure to give this notice is not a
  310  defense to the payment of rent when due. The written notice
  311  must:
  312         (a) Be given in person or by mail to the tenant.
  313         (b) State the name and address of the depository where the
  314  advance rent or security deposit is being held or state that the
  315  landlord has posted a surety bond as provided by law.
  316         (c) State that whether the tenant is entitled to interest
  317  on the deposit and the amount of the interest.
  318         (d) Contain the following disclosure:
  319  
  320         YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF
  321         CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE
  322         RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND
  323         WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE
  324         LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN
  325         SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD
  326         MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE
  327         OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM
  328         AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE
  329         LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15
  330         DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE
  331         LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE
  332         REMAINING DEPOSIT, IF ANY.
  333  
  334         IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE
  335         LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A
  336         LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY
  337         OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE
  338         DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A
  339         REFUND.
  340  
  341         YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
  342         BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
  343         FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND
  344         ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
  345  
  346         THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF
  347         CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL
  348         RIGHTS AND OBLIGATIONS.
  349  
  350         (4)(3) The landlord or the landlord’s agent may disburse
  351  advance rents from the deposit account to the landlord’s benefit
  352  when the advance rental period commences and without notice to
  353  the tenant. For all other deposits:
  354         (a) Upon the vacating of the premises for termination of
  355  the rental agreement lease, if the landlord does not intend to
  356  impose a claim on the security deposit, the landlord must shall
  357  have 15 days to return the security deposit together with
  358  interest within 30 days after the tenant vacates the premises.
  359  if otherwise required, or The landlord has shall have 30 days
  360  after the tenant vacates the premises to give the tenant written
  361  notice by certified mail to the tenant’s last known mailing
  362  address of his or her intention to impose a claim on the deposit
  363  and the reason for imposing the claim. The notice must shall
  364  contain a statement in substantially the following form:
  365  
  366         This is a notice of my intention to impose a claim for
  367  damages in the amount of .... upon your security deposit, due to
  368  ..... It is sent to you as required by s. 83.49(4) s. 83.49(3),
  369  Florida Statutes. You are hereby notified that you must object
  370  in writing to this deduction from your security deposit within
  371  15 days after from the time you receive this notice or I will be
  372  authorized to deduct my claim from your security deposit. Your
  373  objection must be sent to ...(landlord’s address)....
  374  
  375  If the landlord fails to give the required notice within the 30
  376  day period, he or she forfeits the right to impose a claim upon
  377  the security deposit and may not seek a setoff against the
  378  deposit but may file an action for damages after return of the
  379  deposit.
  380         (b) Unless the tenant objects to the imposition of the
  381  landlord’s claim or the amount thereof within 15 days after
  382  receipt of the landlord’s notice of intention to impose a claim,
  383  the landlord may then deduct the amount of his or her claim and
  384  must shall remit the balance of the deposit and any interest to
  385  the tenant within 30 days after the date of the notice of
  386  intention to impose a claim for damages. The failure of the
  387  tenant to make a timely objection does not waive any rights of
  388  the tenant to seek damages in a separate action.
  389         (c) If either party institutes an action in a court of
  390  competent jurisdiction to adjudicate the party’s right to the
  391  security deposit, the prevailing party is entitled to receive
  392  his or her court costs plus a reasonable fee for his or her
  393  attorney. If a court finds that the landlord failed to meet the
  394  requirements of this section, the court must award the tenant
  395  damages equal to three times the amount of the tenant’s security
  396  deposit. The court shall advance the cause on the calendar.
  397         (d) Compliance with this section by an individual or
  398  business entity authorized to conduct business in this state,
  399  including Florida-licensed real estate brokers and sales
  400  associates, constitutes compliance with all other relevant
  401  Florida Statutes pertaining to security deposits held pursuant
  402  to a rental agreement or other landlord-tenant relationship.
  403  Enforcement personnel shall look solely to this section to
  404  determine compliance. This section prevails over any conflicting
  405  provisions in chapter 475 and in other sections of the Florida
  406  Statutes, and operates shall operate to permit licensed real
  407  estate brokers to disburse security deposits and deposit money
  408  without having to comply with the notice and settlement
  409  procedures contained in s. 475.25(1)(d).
  410         (5)(4)The provisions of This section does do not apply to
  411  transient rentals by hotels or motels as defined in chapter 509
  412  or; nor do they apply in those instances in which the amount of
  413  rent or deposit, or both, is regulated by law or by rules or
  414  regulations of a public body, including public housing
  415  authorities and federally administered or regulated housing
  416  programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8
  417  of the National Housing Act, as amended, other than for rent
  418  stabilization. With the exception of subsections (4), (6), and
  419  (7) (3), (5), and (6), this section is not applicable to housing
  420  authorities or public housing agencies created pursuant to
  421  chapter 421 or other statutes.
  422         (6)(5) Except when otherwise provided by the terms of a
  423  written rental agreement lease, any tenant who vacates or
  424  abandons the premises before prior to the expiration of the term
  425  specified in the written rental agreement lease, or any tenant
  426  who vacates or abandons premises which are the subject of a
  427  tenancy from week to week, month to month, quarter to quarter,
  428  or year to year, must shall give at least 7 days’ written
  429  notice, which notice must include the address where the tenant
  430  may be reached, by certified mail or personal delivery to the
  431  landlord before prior to vacating or abandoning the premises
  432  which notice shall include the address where the tenant may be
  433  reached. Failure to give such notice relieves shall relieve the
  434  landlord of the notice requirement of paragraph (4)(a) (3)(a)
  435  but does shall not waive any right the tenant may have to the
  436  security deposit or any part of it.
  437         (8)(7) Upon the sale or transfer of title of the rental
  438  property from one owner to another, or upon a change in the
  439  designated rental agent, any and all security deposits or
  440  advance rents being held for the benefit of the tenants must
  441  shall be transferred to the new owner or agent, together with
  442  any earned interest and with an accurate accounting showing the
  443  amounts to be credited to each tenant account. Upon the transfer
  444  of such funds and records to the new owner or agent, and upon
  445  transmittal of a written receipt therefor, the transferor is
  446  free from the obligation imposed in subsection (2) (1) to hold
  447  such moneys on behalf of the tenant. There is a rebuttable
  448  presumption that any new owner or agent received the security
  449  deposit from the previous owner or agent; however, this
  450  presumption is limited to 1 month’s rent. This subsection does
  451  not excuse the landlord or agent for a violation of other
  452  provisions of this section while in possession of such deposits.
  453         (10)(9)In those cases in which interest is required to be
  454  paid to the tenant, The landlord shall pay directly to the
  455  tenant, or credit against the current month’s rent, the interest
  456  due to the tenant at least once annually. However, no interest
  457  may not be paid to shall be due a tenant who wrongfully
  458  terminates his or her tenancy before prior to the end of the
  459  rental term.
  460         Section 8. Paragraph (a) of subsection (1) of section
  461  83.51, Florida Statutes, is amended to read:
  462         83.51 Landlord’s obligation to maintain premises.—
  463         (1) The landlord at all times during the tenancy shall:
  464         (a) Comply with the requirements of applicable building,
  465  housing, and health codes. The landlord, at commencement of the
  466  tenancy, must inspect the dwelling unit to ensure compliance
  467  with all applicable codes; or
  468         (b) Where there are no applicable building, housing, or
  469  health codes, maintain the roofs, windows, doors, floors, steps,
  470  porches, exterior walls, foundations, and all other structural
  471  components in good repair and capable of resisting normal forces
  472  and loads and the plumbing in reasonable working condition. The
  473  landlord, at commencement of the tenancy, must ensure that
  474  screens are installed in a reasonable condition. Thereafter, the
  475  landlord must repair damage to screens once annually, when
  476  necessary, until termination of the rental agreement.
  477  
  478  The landlord is not required to maintain a mobile home or other
  479  structure owned by the tenant. The landlord’s obligations under
  480  this subsection may be altered or modified in writing with
  481  respect to a single-family home or duplex.
  482         Section 9. Section 83.54, Florida Statutes, is amended to
  483  read:
  484         83.54 Enforcement of rights and duties; civil action;
  485  criminal offenses.—Any right or duty declared in this part is
  486  enforceable by civil action. A right or duty enforced by civil
  487  action under this section does not preclude prosecution for a
  488  criminal offense related to the rental agreement or rented
  489  dwelling unit or premises lease or leased property. In an action
  490  brought by a tenant for wrongful termination of a rental
  491  agreement, if the court finds in favor of the tenant, any
  492  eviction complaint filed by the landlord must be dismissed and
  493  the record of such filing removed from the tenant’s credit
  494  report.
  495         Section 10.  Present subsections (5) and (6) of section
  496  83.56, Florida Statutes, are redesignated as subsections (6) and
  497  (7), respectively, a new subsection (5) and subsection (8) are
  498  added to that section, and subsections (2), (3), and (4),
  499  paragraph (b) of present subsection (5), and present subsection
  500  (6) of that section are amended, to read:
  501         83.56 Termination of rental agreement.—
  502         (2)(a)A landlord must have good cause to terminate a
  503  rental agreement. The following reasons constitute good cause
  504  allowing for termination of a rental agreement:
  505         1.The destruction, damage, or misuse of the landlord’s or
  506  other tenants’ property by intentional act.
  507         2.A tenant’s disorderly conduct or continued unreasonable
  508  disturbance.
  509         3.Failure of the tenant to comply with s. 83.52.
  510         4.A violation or breach of the landlord’s reasonable rules
  511  and regulations.
  512         5.A violation or breach of covenants or agreements
  513  contained in the rental agreement.
  514         6.Use of the dwelling unit or premises for illegal
  515  purposes or acts that the tenant has been criminally charged
  516  with, including, but not limited to, the manufacture, sale, or
  517  use of illegal drugs, theft of property, or assault or threats
  518  on the landlord or his or her relatives, as defined in s.
  519  494.001, or employees.
  520         7.The dwelling unit or premises are removed from the
  521  rental market because the state, any political subdivision as
  522  defined in s. 1.01(8), or other entity exercises its power of
  523  eminent domain, the landlord seeks in good faith to permanently
  524  remove the property from the rental market, or the landlord is
  525  converting the dwelling unit or premises from the rental market
  526  to a condominium, cooperative, or fee simple ownership.
  527         8.The dwelling unit or premises are being used as an
  528  incident of employment and such employment is terminated.
  529         9.The landlord seeks in good faith to recover possession
  530  of the dwelling unit or premises for his or her own use and
  531  occupancy as a principal residence, or for the use and occupancy
  532  as a principal residence by a relative, as defined in s.
  533  494.001, of the landlord.
  534         (b) If any of the violations in subparagraphs (a)1.-6.
  535  exist the tenant materially fails to comply with s. 83.52 or
  536  material provisions of the rental agreement, other than a
  537  failure to pay rent, or reasonable rules or regulations, the
  538  landlord may:
  539         1.(a) If the violation such noncompliance is of a nature
  540  that the tenant should not be given an opportunity to cure it or
  541  if the violation noncompliance constitutes a subsequent or
  542  continuing violation noncompliance within 12 months after of a
  543  written warning by the landlord of a similar violation, deliver
  544  a written notice to the tenant specifying the violation
  545  noncompliance and the landlord’s intent to terminate the rental
  546  agreement by reason thereof. Examples of noncompliance which are
  547  of a nature that the tenant should not be given an opportunity
  548  to cure include, but are not limited to, destruction, damage, or
  549  misuse of the landlord’s or other tenants’ property by
  550  intentional act or a subsequent or continued unreasonable
  551  disturbance. In such event, the landlord may terminate the
  552  rental agreement, and the tenant has shall have 7 days after
  553  from the date that the notice is delivered to vacate the
  554  premises. The notice must shall be in substantially the
  555  following form:
  556  
  557         You are advised that your rental agreement lease is
  558  terminated effective immediately. You shall have 7 days after
  559  from the delivery of this letter to vacate the premises. This
  560  action is taken because ...(cite the violation
  561  noncompliance)....
  562  
  563         2.(b) If the violation such noncompliance is of a nature
  564  that the tenant should be given an opportunity to cure it,
  565  deliver a written notice to the tenant specifying the violation
  566  noncompliance, including a notice that, if the violation
  567  noncompliance is not corrected within 7 days after from the date
  568  that the written notice is delivered, the landlord will shall
  569  terminate the rental agreement by reason thereof. Examples of
  570  such noncompliance include, but are not limited to, activities
  571  in contravention of the lease or this part such as having or
  572  permitting unauthorized pets, guests, or vehicles; parking in an
  573  unauthorized manner or permitting such parking; or failing to
  574  keep the premises clean and sanitary. If such violation
  575  noncompliance recurs within 12 months after receipt of such
  576  notice, an eviction action may commence without delivering a
  577  subsequent notice pursuant to subparagraph 1. paragraph (a) or
  578  this subparagraph paragraph. The notice must shall be in
  579  substantially the following form:
  580  
  581         You are hereby notified that ...(cite the violation
  582  noncompliance).... Demand is hereby made that you remedy the
  583  violation noncompliance within 7 days after of receipt of this
  584  notice or your rental agreement will be lease shall be deemed
  585  terminated and you must shall vacate the premises upon such
  586  termination. If this same conduct or conduct of a similar nature
  587  is repeated within 12 months, your tenancy is subject to
  588  termination without further warning and without your being given
  589  an opportunity to cure the violation noncompliance.
  590  
  591         (c)If any other reason provided in paragraph (a) exists,
  592  the landlord may deliver a written notice to the tenant of the
  593  landlord’s intent to terminate the rental agreement. The written
  594  notice must specify the reason for the termination. In such
  595  event, the tenant has 7 days after the date that the notice is
  596  delivered to vacate the premises.
  597         (3) If the tenant fails to pay rent when due and the
  598  default continues for 3 days, excluding Saturday, Sunday, and
  599  legal holidays, after delivery of written demand by the landlord
  600  for payment of the rent or possession of the premises, or if the
  601  tenant habitually pays late or fails to pay the full amount of
  602  rent after being given notice of a rent increase as required in
  603  s. 83.46(4), the landlord may terminate the rental agreement.
  604  Habitual late payments means more than one late payment
  605  following the landlord’s first written demand for payment. Legal
  606  holidays for the purpose of this section shall be court-observed
  607  holidays only. The 3-day notice shall contain a statement in
  608  substantially the following form:
  609  
  610         You are hereby notified that you are indebted to me in the
  611  sum of .... dollars for the rent and use of the premises
  612  ...(address of leased premises, including county)..., Florida,
  613  now occupied by you and that I demand payment of the rent or
  614  possession of the premises within 3 days (excluding Saturday,
  615  Sunday, and legal holidays) after from the date of delivery of
  616  this notice, to wit: on or before the .... day of ....,
  617  ...(year)....
  618  ...(landlord’s name, address and phone number)...
  619  
  620         (4) The delivery of the written notices required by
  621  subsections (1), (2), and (3), and (8) must shall be by mailing
  622  or delivery of a true copy thereof or, if the tenant is absent
  623  from the premises, by leaving a copy thereof at the residence.
  624  The notice requirements of subsections (1), (2), and (3), and
  625  (8) may not be waived in the rental agreement lease.
  626         (5)Notwithstanding any other law to the contrary, if the
  627  landlord knows or reasonably should know that the tenant is
  628  pregnant or there are children under the age of 18 living in the
  629  dwelling unit, the landlord must provide the tenant at least 3
  630  months after delivery of a written notice under subsection (2)
  631  or subsection (3) to vacate the premises before bringing an
  632  action for possession of the dwelling unit under s. 83.59.
  633         (6)(5)
  634         (b) Any tenant who wishes to defend against an action by
  635  the landlord for possession of the unit for noncompliance of the
  636  rental agreement or of relevant statutes must comply with s.
  637  83.60(2). The court may not set a date for mediation or trial
  638  unless the provisions of s. 83.60(2) have been met, but must
  639  enter a default judgment for removal of the tenant with a writ
  640  of possession to issue immediately if the tenant fails to comply
  641  with s. 83.60(2).
  642         (7)(6) If the rental agreement is terminated, the landlord
  643  must shall comply with s. 83.49(4) s. 83.49(3).
  644         (8)(a)If the landlord seeks in good faith to undertake
  645  substantial repairs to the dwelling unit or premises that cannot
  646  be completed while the dwelling unit is occupied, and that are
  647  necessary to bring the dwelling unit or premises into compliance
  648  with applicable codes and laws or under an outstanding notice of
  649  code violations, the landlord may deliver a written notice to
  650  the tenant of the landlord’s intent to terminate the rental
  651  agreement. In such event, the tenant has 7 days after the date
  652  that the notice is delivered to vacate the premises.
  653         (b)A notice terminating a rental agreement under this
  654  subsection must include the following information:
  655         1.A statement in substantially the following form: “When
  656  the needed repairs are completed on your dwelling unit or the
  657  premises, the landlord must offer you the opportunity to return
  658  to your dwelling unit with a rental agreement of substantially
  659  the same terms and at the same rent, subject to the landlord’s
  660  right to obtain a rent increase for capital improvements.”
  661         2.If a landlord owns other residential dwelling units and
  662  any such unit is available, a statement informing the tenant of
  663  the existence of the available unit and an offer to enter into a
  664  temporary rental agreement for the available unit or an offer to
  665  enter into a new rental agreement for the available unit. The
  666  landlord must offer the replacement dwelling unit to the tenant
  667  at a rent based on the rent that the tenant is currently paying,
  668  allowing for adjustments based on the condition, size, and other
  669  amenities of the replacement unit.
  670         3.An estimate of the time required to complete the repairs
  671  and the date upon which it is expected that the dwelling unit
  672  will be ready for habitation.
  673         (c)Upon completion of the repairs of the dwelling unit or
  674  premises, the landlord must offer the tenant the first right to
  675  return to the dwelling unit at the same rent and under a rental
  676  agreement of substantially the same terms, subject to the
  677  landlord’s right to obtain a rent increase for capital
  678  improvements.
  679         Section 11. Subsection (2) of section 83.60, Florida
  680  Statutes, is amended to read:
  681         83.60 Defenses to action for rent or possession;
  682  procedure.—
  683         (2) In an action by the landlord for possession of a
  684  dwelling unit, if the tenant interposes any defense other than
  685  payment, including, but not limited to, the defense of a
  686  defective 3-day notice, the tenant must shall pay into the
  687  registry of the court the accrued rent as alleged in the
  688  complaint or as determined by the court and the rent that
  689  accrues during the pendency of the proceeding, when due. The
  690  clerk shall notify the tenant of such requirement in the
  691  summons. Failure of the tenant to pay the rent into the registry
  692  of the court or to file a motion to determine the amount of rent
  693  to be paid into the registry within 5 days, excluding Saturdays,
  694  Sundays, and legal holidays, after the date of service of
  695  process constitutes an absolute waiver of the tenant’s defenses
  696  other than payment, and the landlord is entitled to an immediate
  697  default judgment for removal of the tenant with a writ of
  698  possession to issue without further notice or hearing thereon.
  699  If a motion to determine rent is filed, documentation in support
  700  of the allegation that the rent as alleged in the complaint is
  701  in error is required. Public housing tenants or tenants
  702  receiving rent subsidies are required to deposit only that
  703  portion of the full rent for which they are responsible pursuant
  704  to the federal, state, or local program in which they are
  705  participating.
  706         Section 12. Section 83.626, Florida Statutes, is created to
  707  read:
  708         83.626Court records of eviction proceedings.—
  709         (1)A tenant, mobile home owner, mobile home tenant, or
  710  mobile home occupant who is a defendant in an eviction
  711  proceeding under this part or s. 723.061 may file a motion with
  712  the court to have the records of such proceeding sealed and to
  713  have his or her name substituted with “tenant” or “occupant” on
  714  the progress docket if any of the following conditions are
  715  satisfied:
  716         (a)The parties file a joint stipulation requesting relief
  717  under this section.
  718         (b)The case was dismissed.
  719         (c)The case was resolved by settlement or stipulation of
  720  the parties and the defendant has complied with the terms of the
  721  agreement.
  722         (d)A default judgment was entered against the defendant
  723  and the defendant has satisfied any monetary award included in
  724  the judgment. This paragraph does not apply if the action was
  725  brought under s. 83.56(2)(a) or s. 723.061(1)(b) or (c) for
  726  material noncompliance, other than nonpayment of rent, because
  727  of the defendant’s intentional destruction, damage, or misuse of
  728  the landlord’s property.
  729         (e)A judgment was entered against the defendant on the
  730  merits at least 5 years before the motion was filed under this
  731  subsection and the defendant has satisfied any monetary award
  732  included in the judgment. This paragraph does not apply if the
  733  action was brought under s. 83.56(2)(a) or s. 723.061(1)(b) or
  734  (c) for material noncompliance, other than nonpayment of rent,
  735  because of the defendant’s intentional destruction, damage, or
  736  misuse of the landlord’s property.
  737         (2)(a)The court shall grant such motion without a hearing
  738  if the requirements in paragraph (1)(a) or paragraph (1)(b) are
  739  satisfied.
  740         (b)If the defendant files a motion on the basis of
  741  paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) being
  742  satisfied, the defendant must also serve a copy of the motion on
  743  all parties to the proceeding. If a written objection is filed
  744  by a party within 30 days after such service, the court must
  745  schedule a hearing. If a written objection is not filed within
  746  30 days after service of the motion, or the court determines
  747  after a hearing that the defendant is eligible for relief, the
  748  court must grant the motion.
  749         (3)A tenant, mobile home owner, mobile home tenant, or
  750  mobile home occupant is entitled to relief under subsection (2)
  751  only once. When a tenant, mobile home owner, mobile home tenant,
  752  or mobile home occupant files a motion under subsection (1), he
  753  or she must also submit a sworn statement under penalty of
  754  perjury affirming that he or she has not previously received
  755  such relief from a court in the state.
  756         (4)In an eviction proceeding under this part or s.
  757  723.061, the court must substitute a defendant’s name on the
  758  progress docket with “tenant” or “occupant” if a judgment is
  759  entered in favor of the defendant.
  760         (5)A defendant is not eligible for relief under this
  761  section if:
  762         (a)During any 12-month period, the defendant has had a
  763  judgment entered against him or her in two or more eviction
  764  proceedings; or
  765         (b)During any 24-month period, the defendant has had a
  766  judgment entered against him or her in three or more eviction
  767  proceedings.
  768         (6)This section applies to any judgment entered before,
  769  on, or after July 1, 2024.
  770         Section 13. Section 83.63, Florida Statutes, is amended to
  771  read:
  772         83.63 Casualty damage.—If the premises are damaged or
  773  destroyed other than by the wrongful or negligent acts of the
  774  tenant so that the enjoyment of the premises is substantially
  775  impaired, the tenant may terminate the rental agreement and
  776  immediately vacate the premises. The tenant may vacate the part
  777  of the premises rendered unusable by the casualty, in which case
  778  the tenant’s liability for rent shall be reduced by the fair
  779  rental value of that part of the premises damaged or destroyed.
  780  If the rental agreement is terminated, the landlord shall comply
  781  with s. 83.49(4) s. 83.49(3).
  782         Section 14. Section 83.67, Florida Statutes, is amended to
  783  read:
  784         83.67 Prohibited practices.—
  785         (1) A landlord of any dwelling unit governed by this part
  786  may shall not cause, directly or indirectly, the termination or
  787  interruption of any utility service furnished to the tenant,
  788  including, but not limited to, water, heat, light, electricity,
  789  gas, elevator, garbage collection, or refrigeration, whether or
  790  not the utility service is under the control of, or payment is
  791  made by, the landlord.
  792         (2) A landlord of any dwelling unit governed by this part
  793  may shall not prevent the tenant from gaining reasonable access
  794  to the dwelling unit by any means, including, but not limited
  795  to, changing the locks or using any bootlock or similar device.
  796         (3) A landlord of any dwelling unit governed by this part
  797  may shall not discriminate against a servicemember in offering a
  798  dwelling unit for rent or in any of the terms of the rental
  799  agreement.
  800         (4)A landlord of any dwelling unit governed by this part
  801  may not discriminate against a person in offering a dwelling
  802  unit for rent or in any of the terms of the rental agreement
  803  based on the person’s race; color; religion; sex; pregnancy;
  804  national origin; age; physical, mental, or developmental
  805  disability; HIV status; familial status; sexual orientation;
  806  gender identity; source of income; or credit score. For purposes
  807  of this subsection, the term:
  808         (a)“Familial status” means the makeup of a person’s
  809  family, including whether there is a child under the age of 18
  810  living with the person or whether the person is seeking custody
  811  of a child under the age of 18.
  812         (b)“Gender identity” means the identity, appearance, or
  813  behavior of a person, regardless of whether such identity,
  814  appearance, or behavior is different from that traditionally
  815  associated with the person’s physiology or assigned sex at
  816  birth.
  817         (c)“Sexual orientation” means a person’s heterosexuality,
  818  homosexuality, or bisexuality.
  819         (5)A landlord of any dwelling unit governed by this part
  820  may not harass or intimidate a tenant for the purpose of
  821  coercing the tenant into terminating the rental agreement.
  822         (6)A landlord of any dwelling unit governed by this part
  823  may not refuse to show the dwelling unit, either in person or
  824  through photographs, to a prospective tenant until the
  825  prospective tenant signs a rental agreement.
  826         (7)Unless otherwise required by law, a landlord of any
  827  dwelling unit governed by this part may not inquire into or
  828  consider a prospective tenant’s criminal history on a rental
  829  application or rental agreement. A landlord may inquire into or
  830  consider a prospective tenant’s criminal history only after the
  831  landlord determines that the prospective tenant otherwise
  832  qualifies to rent a dwelling unit.
  833         (8)If a landlord requires a prospective tenant to complete
  834  a rental application before residing in a dwelling unit, the
  835  landlord may not charge an excessive rental application fee. If,
  836  after a prospective tenant submits a rental application and
  837  application fee, a dwelling unit is not available, the landlord
  838  must refund the application fee to the prospective tenant.
  839         (9)(4) A landlord may shall not prohibit a tenant from
  840  displaying one portable, removable, cloth or plastic United
  841  States flag, not larger than 4 and 1/2 feet by 6 feet, in a
  842  respectful manner in or on the dwelling unit regardless of any
  843  provision in the rental agreement dealing with flags or
  844  decorations. The United States flag shall be displayed in
  845  accordance with s. 83.52(6). The landlord is not liable for
  846  damages caused by a United States flag displayed by a tenant.
  847  Any United States flag may not infringe upon the space rented by
  848  any other tenant.
  849         (10)(5) A landlord of any dwelling unit governed by this
  850  part may shall not remove the outside doors, locks, roof, walls,
  851  or windows of the unit except for purposes of maintenance,
  852  repair, or replacement; and the landlord may shall not remove
  853  the tenant’s personal property from the dwelling unit unless
  854  such action is taken after surrender, abandonment, recovery of
  855  possession of the dwelling unit due to the death of the last
  856  remaining tenant in accordance with s. 83.59(3)(d), or a lawful
  857  eviction. If provided in the rental agreement or a written
  858  agreement separate from the rental agreement, upon surrender or
  859  abandonment by the tenant, the landlord is not required to
  860  comply with s. 715.104 and is not liable or responsible for
  861  storage or disposition of the tenant’s personal property; if
  862  provided in the rental agreement, there must be printed or
  863  clearly stamped on such rental agreement a legend in
  864  substantially the following form:
  865  
  866  BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON
  867  SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE
  868  DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS
  869  PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD IS SHALL
  870  NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE
  871  TENANT’S PERSONAL PROPERTY.
  872  
  873  For the purposes of this section, abandonment is determined
  874  shall be as provided set forth in s. 83.59(3)(c).
  875         (11)(6) A landlord who violates any provision of this
  876  section is shall be liable to the tenant for actual and
  877  consequential damages or 3 months’ rent, whichever is greater,
  878  and costs, including attorney attorney’s fees. Subsequent or
  879  repeated violations that are not contemporaneous with the
  880  initial violation are shall be subject to separate awards of
  881  damages.
  882         (12)(7) A violation of this section constitutes irreparable
  883  harm for the purposes of injunctive relief.
  884         (13)(8) The remedies provided by this section are not
  885  exclusive and do not preclude the tenant from pursuing any other
  886  remedy at law or equity that the tenant may have. The remedies
  887  provided by this section shall also apply to a servicemember or
  888  person who is a prospective tenant who has been discriminated
  889  against under subsection (3) or subsection (4).
  890         Section 15. Section 83.675, Florida Statutes, is created to
  891  read:
  892         83.675Tenant opportunity to purchase.—
  893         (1)For purposes of this section, the term:
  894         (a)“Bona fide offer of sale” means an offer for a price,
  895  including other material terms, that is at least as favorable as
  896  what would be accepted by a purchaser in an arm’s length third
  897  party contract, that is comparable to that at which a willing
  898  seller and a willing buyer would sell and purchase the dwelling
  899  unit or the premises on which the dwelling unit is located, or
  900  that is the appraised value.
  901         (b)“Highest and best use” means the reasonable legal use
  902  of a dwelling unit or the premises on which the dwelling unit is
  903  located that is physically possible, appropriately supported,
  904  and financially feasible and that results in the highest value
  905  of the dwelling unit or premises on which the dwelling unit is
  906  located.
  907         (c)“Matter-of-right” means the appropriate land use,
  908  development density, or building requirements of the dwelling
  909  unit or the premises on which the dwelling unit is located under
  910  zoning regulations and law.
  911         (2)Before a landlord may sell a dwelling unit or the
  912  premises on which a dwelling unit is located or issue a notice
  913  to vacate the dwelling unit or premises for purposes of
  914  demolition or discontinuance of housing use, the landlord must
  915  give the tenant an opportunity to purchase the dwelling unit or
  916  the premises on which the dwelling unit is located at a price
  917  and with material terms that represent a bona fide offer of
  918  sale.
  919         (3)A landlord shall provide the tenant a copy of the offer
  920  of sale, in the preferred language of the tenant, by hand
  921  delivery, e-mail, and certified mail. A landlord may not retain
  922  a percentage of ownership in the dwelling unit or the premises
  923  on which the dwelling unit is located in the offer of sale.
  924         (4)The sales price contained in the offer of sale may not
  925  be more than a price comparable to that at which a willing
  926  seller and a willing buyer would sell and purchase the dwelling
  927  unit or the premises on which the dwelling unit is located or
  928  the appraised value of the dwelling unit or premises.
  929         (5)The appraised value must be based on rights a landlord
  930  has as a matter-of-right as of the date of the offer of sale,
  931  including any existing right a landlord may have to convert the
  932  dwelling unit or the premises on which the dwelling unit is
  933  located to another use. The appraisal value may take into
  934  consideration the highest and best use of the dwelling unit or
  935  premises.
  936         (6)A tenant may challenge an offer of sale as not being a
  937  bona fide offer of sale and request a determination of the
  938  appraised value by an independent licensed appraiser, as defined
  939  in s. 475.611, at the expense of the tenant, by providing
  940  written notice to the landlord and the Division of Consumer
  941  Services within the Department of Agriculture and Consumer
  942  Services by hand delivery, electronic transmission, or certified
  943  mail within 30 days after receipt of the offer of sale.
  944         (7)The landlord has the burden of proof to establish that
  945  an offer of sale under this section is a bona fide offer of
  946  sale.
  947         Section 16. Section 83.676, Florida Statutes, is created to
  948  read:
  949         83.676Early termination of rental agreement by a victim of
  950  domestic violence, dating violence, sexual violence, or
  951  stalking; lock changing.—
  952         (1)As used in this section, the term:
  953         (a)“Dating violence” has the same meaning as in s.
  954  784.046(1)(d).
  955         (b)“Domestic violence” has the same meaning as in s.
  956  741.28.
  957         (c)“Sexual violence” has the same meaning as in s.
  958  784.046(1)(c).
  959         (d)“Stalking,” as described in s. 784.048(2), means
  960  willfully, maliciously, and repeatedly following, harassing, or
  961  cyberstalking another person.
  962         (2)A landlord may not terminate a rental agreement or
  963  evict a tenant for an incident involving actual or threatened
  964  domestic violence, dating violence, sexual violence, or stalking
  965  if the tenant or the tenant’s minor child is the victim of such
  966  actual or threatened violence or stalking. A rental agreement
  967  may not include a provision deeming that early termination of a
  968  rental agreement because of an incident involving actual or
  969  threatened domestic violence, dating violence, sexual violence,
  970  or stalking, in which the tenant or the tenant’s minor child is
  971  a victim and not the perpetrator, is a breach of the rental
  972  agreement.
  973         (3)(a)If a tenant or a tenant’s minor child is a victim of
  974  actual or threatened domestic violence, dating violence, sexual
  975  violence, or stalking during the term of a rental agreement, the
  976  tenant may, without penalty, terminate the rental agreement at
  977  any time by providing the landlord with written notice of the
  978  tenant’s intent to terminate the rental agreement and to vacate
  979  the premises because of such incident. The termination of the
  980  rental agreement is effective immediately upon delivery of the
  981  written notice and documentation specified in paragraph (b), if
  982  applicable, to the landlord.
  983         (b)Unless the landlord notifies the tenant that
  984  documentation is not needed, a notice of termination from the
  985  tenant required under paragraph (a) must be accompanied by
  986  documentation verifying the tenant’s or the tenant’s minor
  987  child’s status as a victim of actual or threatened domestic
  988  violence, dating violence, sexual violence, or stalking and may
  989  include:
  990         1.A copy of an injunction for protection against domestic
  991  violence, dating violence, sexual violence, or stalking issued
  992  to the tenant as the victim or as parent of a minor victim;
  993         2.A copy of an order of no contact or a criminal
  994  conviction entered by a court in a criminal case in which the
  995  defendant was charged with a crime relating to domestic
  996  violence, dating violence, sexual violence, or stalking against
  997  the tenant or the tenant’s minor child;
  998         3.A written verification from a domestic violence center
  999  certified under chapter 39 or a rape crisis center as defined in
 1000  s. 794.055(2) which states that the tenant or the tenant’s minor
 1001  child is a victim of actual or threatened domestic violence,
 1002  dating violence, sexual violence, or stalking; or
 1003         4.A copy of a law enforcement report documenting an
 1004  incident of actual or threatened domestic violence, dating
 1005  violence, sexual violence, or stalking against the tenant or the
 1006  tenant’s minor child.
 1007         (c)A notice of termination from the tenant required under
 1008  paragraph (a) must be provided by certified mail or hand
 1009  delivery to the landlord, a person authorized to receive notices
 1010  on behalf of the landlord under s. 83.50, a resident manager, or
 1011  the person or entity that collects the rent on behalf of the
 1012  landlord.
 1013         (d)If a rental agreement with a specific duration is
 1014  terminated by a tenant under this subsection less than 30 days
 1015  before the end of the rental agreement, the tenant is liable for
 1016  the rent for the remaining period of the rental agreement. If a
 1017  rental agreement with a specific duration is terminated by a
 1018  tenant under this subsection 30 or more days before the end of
 1019  the rental agreement, the tenant is liable for prorated rent for
 1020  a period of 30 days immediately following delivery of the notice
 1021  of termination. After compliance with this paragraph, the tenant
 1022  is released from any further obligation to pay rent,
 1023  concessions, damages, fees, or penalties, and the landlord is
 1024  not entitled to the remedies provided in s. 83.595.
 1025         (e)If a rental agreement is terminated by a tenant under
 1026  this subsection, the landlord must comply with s. 83.49(3). A
 1027  tenant who terminates a rental agreement under this subsection
 1028  does not forfeit any deposit money or advance rent paid to the
 1029  landlord.
 1030         (f)This subsection does not affect a tenant’s liability
 1031  for unpaid rent or other amounts owed to the landlord before the
 1032  termination of the rental agreement under this subsection.
 1033         (g)If the perpetrator of actual or threatened domestic
 1034  violence, dating violence, sexual violence, or stalking is also
 1035  a tenant under the same rental agreement as the tenant who is a
 1036  victim, or whose minor child is a victim, of such actual or
 1037  threatened violence or stalking, neither the perpetrator’s
 1038  liability for rent nor his or her other obligations under the
 1039  rental agreement are terminated under this subsection, and the
 1040  landlord is entitled to the rights and remedies provided by this
 1041  part against the perpetrator.
 1042         (4)(a)A tenant or a tenant’s minor child who is a victim
 1043  of actual or threatened domestic violence, dating violence,
 1044  sexual violence, or stalking and who wishes to remain in the
 1045  dwelling unit may make a written request to the landlord
 1046  accompanied by any one of the documents listed in paragraph
 1047  (3)(b), and the landlord shall, within 24 hours after receipt of
 1048  the request, change the locks of the tenant’s dwelling unit and
 1049  provide the tenant with a key to the new locks.
 1050         (b)If the landlord fails to change the locks within 24
 1051  hours, the tenant may change the locks without the landlord’s
 1052  permission, notwithstanding any contrary provision in the rental
 1053  agreement or other applicable rules or regulations imposed by
 1054  the landlord, if all of the following conditions have been met:
 1055         1.The locks are changed in like manner as if the landlord
 1056  had changed the locks, with locks of similar or better quality
 1057  than the original locks.
 1058         2.The landlord is notified within 24 hours after the
 1059  changing of the locks.
 1060         3.The landlord is provided a key to the new locks within a
 1061  reasonable time.
 1062         (c)If the locks are changed under this subsection, the
 1063  landlord is not liable to any person who does not have access to
 1064  the dwelling unit.
 1065         (5)A landlord may not refuse to enter into a rental
 1066  agreement for a dwelling unit, refuse to negotiate for the
 1067  rental of a dwelling unit, make a dwelling unit unavailable, or
 1068  retaliate in the rental of a dwelling unit because:
 1069         (a)The tenant, prospective tenant, or minor child of the
 1070  tenant or prospective tenant is a victim of actual or threatened
 1071  domestic violence, dating violence, sexual violence, or
 1072  stalking; or
 1073         (b)The tenant or prospective tenant has previously
 1074  terminated a rental agreement because of an incident involving
 1075  actual or threatened domestic violence, dating violence, sexual
 1076  violence, or stalking in which the tenant, prospective tenant,
 1077  or minor child of the tenant or prospective tenant was a victim.
 1078  
 1079  However, the landlord may refuse to enter into a rental
 1080  agreement, negotiate for the rental of a dwelling unit, or make
 1081  a dwelling unit available if the tenant or prospective tenant
 1082  fails to comply with the landlord’s request for documentation of
 1083  an incident of actual or threatened domestic violence, dating
 1084  violence, sexual violence, or stalking that occurred before
 1085  termination of a prior rental agreement. A landlord’s request
 1086  for documentation is satisfied upon the tenant’s or prospective
 1087  tenant’s provision of any one of the documents listed in
 1088  paragraph (3)(b).
 1089         (6)All information provided to a landlord under
 1090  subsections (3), (4), and (5), including the fact that a tenant,
 1091  prospective tenant, or a tenant’s or prospective tenant’s minor
 1092  child is a victim of actual or threatened domestic violence,
 1093  dating violence, sexual violence, or stalking, and including the
 1094  tenant’s forwarding address, is confidential. The landlord may
 1095  not enter such information into any shared database or provide
 1096  the information to any other person or entity, except to the
 1097  extent such disclosure is:
 1098         (a)Made to a person specified in paragraph (3)(c) solely
 1099  for a legitimate business purpose;
 1100         (b)Requested, or consented to, in writing by the tenant or
 1101  the tenant’s legal guardian;
 1102         (c)Required for use in a judicial proceeding; or
 1103         (d)Otherwise required by law.
 1104         (7)A tenant or prospective tenant, on his or her own
 1105  behalf or on behalf of his or her minor child, may file a civil
 1106  action against a landlord for a violation of this section. A
 1107  landlord who violates subsection (5) or subsection (6) is
 1108  civilly liable to the victim for $1,000 for punitive damages,
 1109  actual and consequential damages, and court costs, including
 1110  reasonable attorney fees, unless the landlord can show that this
 1111  was the landlord’s first violation and the violation was not
 1112  committed in bad faith. Subsequent or repeated violations that
 1113  are not contemporaneous with the initial violation are subject
 1114  to separate awards of damages.
 1115         (8)The provisions of this section may not be waived or
 1116  modified by a rental agreement.
 1117         Section 17. Subsection (1) of section 83.681, Florida
 1118  Statutes, is amended to read:
 1119         83.681 Orders to enjoin violations of this part.—
 1120         (1) A landlord who gives notice to a tenant of the
 1121  landlord’s intent to terminate the tenant’s lease pursuant to s.
 1122  83.56(2)(a)1. s. 83.56(2)(a), due to the tenant’s intentional
 1123  destruction, damage, or misuse of the landlord’s property may
 1124  petition the county or circuit court for an injunction
 1125  prohibiting the tenant from continuing to violate any of the
 1126  provisions of that part.
 1127         Section 18. Subsection (14) is added to section 163.31801,
 1128  Florida Statutes, to read:
 1129         163.31801 Impact fees; short title; intent; minimum
 1130  requirements; audits; challenges.—
 1131         (14)A local government may adopt by ordinance or a special
 1132  district may adopt by resolution an impact fee that is charged
 1133  to a developer when residents are displaced from their homes due
 1134  to gentrification by the developer. The revenue generated from
 1135  the impact fee must be used for affordable housing in the
 1136  county, municipality, or special district that adopted such
 1137  impact fee.
 1138         Section 19. Subsection (1) of section 196.061, Florida
 1139  Statutes, is amended to read:
 1140         196.061 Rental of homestead to constitute abandonment.—
 1141         (1)(a)Except as provided in paragraph (b), the rental of
 1142  all or substantially all of a dwelling previously claimed to be
 1143  a homestead for tax purposes shall constitute the abandonment of
 1144  such dwelling as a homestead, and the abandonment continues
 1145  until the dwelling is physically occupied by the owner. However,
 1146  such abandonment of the homestead after January 1 of any year
 1147  does not affect the homestead exemption for tax purposes for
 1148  that particular year unless the property is rented for more than
 1149  30 days per calendar year for 2 consecutive years.
 1150         (b)The rental of any portion of a dwelling previously
 1151  claimed to be a homestead for tax purposes shall not constitute
 1152  abandonment if the owner resides on the property.
 1153         Section 20. Section 201.025, Florida Statutes, is created
 1154  to read:
 1155         201.025Tax on deeds relating to residential property
 1156  purchased by private equity firms.—
 1157         (1)When a deed, an instrument, or other writing for a
 1158  residential single-family dwelling, a manufactured home, or an
 1159  apartment complex is granted, assigned, transferred, or
 1160  otherwise conveyed to a purchaser who is a private equity firm
 1161  or corporation that has at least $20 million in assets, the tax
 1162  is $100 on each $100 of the consideration.
 1163         (2)All documentary stamp tax revenues generated under this
 1164  section must be deposited into the Florida Affordable Housing
 1165  Trust Fund.
 1166         (3)Taxes imposed by this section do not apply to an
 1167  assignment, a deed, a transfer, a conveyance, or other
 1168  disposition, which arises out of a transfer of real property, if
 1169  the purchaser is:
 1170         (a)A nonprofit organization as defined in s. 201.02(6).
 1171         (b)A governmental entity as defined in s. 768.295(2).
 1172         (c)A person purchasing such real property pursuant to a
 1173  government program to provide housing to low-income persons as
 1174  defined in s. 420.0004.
 1175         Section 21. This act shall take effect July 1, 2024.

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