Bill Text: FL S1852 | 2020 | Regular Session | Introduced
Bill Title: Landlords and Tenants
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Innovation, Industry, and Technology [S1852 Detail]
Download: Florida-2020-S1852-Introduced.html
Florida Senate - 2020 SB 1852 By Senator Rodriguez 37-01434A-20 20201852__ 1 A bill to be entitled 2 An act relating to landlords and tenants; amending s. 3 83.43, F.S.; revising the definition of the term 4 “tenant”; creating s. 83.455, F.S.; providing 5 requirements for rental agreements; requiring 6 landlords to provide certain information with rental 7 agreements; amending s. 83.46, F.S.; requiring that a 8 landlord provide written notice of a rent increase to 9 a tenant by a specified time; requiring such notice to 10 include an option for mediation under certain 11 circumstances; amending s. 83.47, F.S.; providing that 12 certain provisions in a rental agreement are void and 13 unenforceable; amending s. 83.49, F.S.; removing the 14 option for a landlord to deposit certain money into a 15 non-interest-bearing account; revising written notice 16 requirements to tenants; providing for damages if a 17 landlord fails to meet certain requirements; amending 18 s. 83.51, F.S.; requiring a landlord to inspect a 19 dwelling unit at a specified time to ensure compliance 20 with applicable codes; amending s. 83.54, F.S.; 21 requiring certain records be removed from a tenant’s 22 credit report under certain circumstances; amending s. 23 83.56, F.S.; revising and specifying grounds for 24 termination of a rental agreement; amending s. 83.60, 25 F.S.; removing a requirement that certain money be 26 paid into the registry of the court; amending s. 27 83.67, F.S.; prohibiting a landlord from engaging in 28 certain conduct; providing definitions; conforming a 29 cross-reference to changes made by the act; creating 30 s. 83.675, F.S.; providing definitions; requiring a 31 landlord to give tenants the opportunity to purchase 32 the dwelling unit or premises under certain 33 circumstances; providing requirements for an offer of 34 sale; authorizing a tenant to challenge an offer of 35 sale; creating s. 83.676, F.S.; providing definitions; 36 prohibiting a landlord from evicting a tenant or 37 terminating a rental agreement because the tenant or 38 the tenant’s minor child is a victim of actual or 39 threatened domestic violence, dating violence, sexual 40 violence, or stalking; specifying that a rental 41 agreement may not contain certain provisions; 42 authorizing a victim of such actual or threatened 43 violence or stalking to terminate a rental agreement 44 under certain circumstances; requiring certain 45 documentation and written notice to the landlord; 46 providing for liability for rent for both the tenant 47 and the perpetrator, if applicable; specifying that a 48 tenant does not forfeit certain money paid to the 49 landlord for terminating the rental agreement under 50 certain circumstances; requiring a landlord to change 51 the locks of the dwelling unit within a specified 52 period under certain circumstances; authorizing the 53 tenant to change the locks of the dwelling unit under 54 certain circumstances; prohibiting certain actions by 55 a landlord under certain circumstances; providing an 56 effective date. 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1. Subsection (4) of section 83.43, Florida 61 Statutes, is amended to read: 62 83.43 Definitions.—As used in this part, the following 63 words and terms shall have the following meanings unless some 64 other meaning is plainly indicated: 65 (4) “Tenant” means any person entitled to occupy a dwelling 66 unit or property held out for the use of tenants generally under 67 a rental agreement. 68 Section 2. Section 83.455, Florida Statutes, is created to 69 read: 70 83.455 Rental agreements.— 71 (1) Immediately after entering into, extending, or renewing 72 a rental agreement, the tenant must be provided a copy of the 73 rental agreement. The rental agreement must be written in plain 74 language and, at the tenant’s request, translated into the 75 preferred language of the tenant. 76 (2) Notwithstanding any other provision of law, all rental 77 agreements entered into, extended, or renewed on or after July 78 1, 2020, must include the following provisions: 79 (a) Before a private sale or transfer of title of the 80 dwelling unit or the premises on which the dwelling unit is 81 located, the landlord must provide the tenant with the right of 82 first refusal to purchase the dwelling unit or premises as 83 provided under s. 83.675. 84 (b) If a landlord chooses not to extend or renew a rental 85 agreement, he or she must provide the tenant a written 86 explanation for such decision. 87 (c) A landlord may not terminate a tenancy for cause during 88 a state of emergency declared by the Governor under chapter 252. 89 (d) During a state of emergency declared by the Governor 90 under chapter 252, a tenant may install wind resistance 91 improvements, as defined in s. 163.08(2), to the dwelling unit 92 at the tenant’s expense. 93 Section 3. Subsection (4) is added to section 83.46, 94 Florida Statutes, to read: 95 83.46 Rent; duration of tenancies.— 96 (4) A landlord must provide to a tenant a written notice, 97 by certified mail or hand delivery, of a planned rent increase 98 at least 30 days before the rental agreement renewal period. If 99 the rent increase is more than 5 percent, the landlord must 100 provide notice, by certified mail or hand delivery, at least 3 101 months before the rental agreement renewal period. If the rent 102 increase is more than 5 percent, the notice must also contain a 103 statement that the tenant may elect to participate in nonbinding 104 mediation, at the expense of the tenant, by providing written 105 notice to the landlord, by certified mail or hand delivery, 106 within 14 days after receipt of the notice of the rent increase. 107 For a tenancy without a specific duration, the landlord must 108 provide written notice, by certified mail or hand delivery, of a 109 planned rent increase within the timeframes provided in s. 110 83.57. 111 Section 4. Paragraph (c) is added to subsection (1) of 112 section 83.47, Florida Statutes, to read: 113 83.47 Prohibited provisions in rental agreements.— 114 (1) A provision in a rental agreement is void and 115 unenforceable to the extent that it: 116 (c) Purports that a tenant’s early termination of a rental 117 agreement because of an incident involving actual or threatened 118 domestic violence, dating violence, sexual violence, or 119 stalking, in which the tenant or the tenant’s minor child is a 120 victim and not the perpetrator, is a breach of the rental 121 agreement. 122 Section 5. Paragraph (c) of subsection (2) and subsections 123 (1), (3), (5), and (9) of section 83.49, Florida Statutes, are 124 amended to read: 125 83.49 Deposit money or advance rent; duty of landlord and 126 tenant.— 127 (1) Whenever money is deposited or advanced by a tenant on 128 a rental agreement as security for performance of the rental 129 agreement or as advance rent for other than the next immediate 130 rental period, the landlord or the landlord’s agent shall 131 either: 132(a)Hold the total amount of such money in a separate non133interest-bearing account in a Florida banking institution for134the benefit of the tenant or tenants. The landlord shall not135commingle such moneys with any other funds of the landlord or136hypothecate, pledge, or in any other way make use of such moneys137until such moneys are actually due the landlord;138 (a)(b)Hold the total amount of such money in a separate 139 interest-bearing account in a Florida banking institution for 140 the benefit of the tenant or tenants, in which case the tenant 141 shall receive and collect interest in an amount of at least 75 142 percent of the annualized average interest rate payable on such 143 account or interest at the rate of 5 percent per year, simple 144 interest, whichever the landlord elects. The landlord shall not 145 commingle such moneys with any other funds of the landlord or 146 hypothecate, pledge, or in any other way make use of such moneys 147 until such moneys are actually due the landlord; or 148 (b)(c)Post a surety bond, executed by the landlord as 149 principal and a surety company authorized and licensed to do 150 business in the state as surety, with the clerk of the circuit 151 court in the county in which the dwelling unit is located in the 152 total amount of the security deposits and advance rent he or she 153 holds on behalf of the tenants or $50,000, whichever is less. 154 The bond shall be conditioned upon the faithful compliance of 155 the landlord with the provisions of this section and shall run 156 to the Governor for the benefit of any tenant injured by the 157 landlord’s violation of the provisions of this section. In 158 addition to posting the surety bond, the landlord shall pay to 159 the tenant interest at the rate of 5 percent per year, simple 160 interest. A landlord, or the landlord’s agent, engaged in the 161 renting of dwelling units in five or more counties, who holds 162 deposit moneys or advance rent and who is otherwise subject to 163 the provisions of this section, may, in lieu of posting a surety 164 bond in each county, elect to post a surety bond in the form and 165 manner provided in this paragraph with the office of the 166 Secretary of State. The bond shall be in the total amount of the 167 security deposit or advance rent held on behalf of tenants or in 168 the amount of $250,000, whichever is less. The bond shall be 169 conditioned upon the faithful compliance of the landlord with 170 the provisions of this section and shall run to the Governor for 171 the benefit of any tenant injured by the landlord’s violation of 172 this section. In addition to posting a surety bond, the landlord 173 shall pay to the tenant interest on the security deposit or 174 advance rent held on behalf of that tenant at the rate of 5 175 percent per year simple interest. 176 (2) The landlord shall, in the rentalleaseagreement or 177 within 30 days after receipt of advance rent or a security 178 deposit, give written notice to the tenant which includes 179 disclosure of the advance rent or security deposit. Subsequent 180 to providing such written notice, if the landlord changes the 181 manner or location in which he or she is holding the advance 182 rent or security deposit, he or she must notify the tenant 183 within 30 days after the change as provided in paragraphs (a) 184 (d). The landlord is not required to give new or additional 185 notice solely because the depository has merged with another 186 financial institution, changed its name, or transferred 187 ownership to a different financial institution. This subsection 188 does not apply to any landlord who rents fewer than five 189 individual dwelling units. Failure to give this notice is not a 190 defense to the payment of rent when due. The written notice 191 must: 192 (c) State thatwhetherthe tenant is entitled to interest 193 on the deposit and the amount of the interest. 194 (3) The landlord or the landlord’s agent may disburse 195 advance rents from the deposit account to the landlord’s benefit 196 when the advance rental period commences and without notice to 197 the tenant. For all other deposits: 198 (a) Uponthe vacating of the premises fortermination of 199 the rental agreementlease,if the landlord does not intend to200impose a claim on the security deposit,the landlord shallhave20115 days toreturn the security deposit together with interest 202 within 15 days after the tenant vacates the premises.if203otherwise required, orThe landlord hasshall have30 days from 204 when the tenant vacates the premises to give the tenant written 205 notice by certified mail to the tenant’s last known mailing 206 address of his or her intention to impose a claim on the deposit 207 and the reason for imposing the claim. The notice shall contain 208 a statement in substantially the following form: 209 This is a notice of my intention to impose a claim for 210 damages in the amount of .... upon your security deposit, due to 211 ..... It is sent to you as required by s. 83.49(3), Florida 212 Statutes. You are hereby notified that you must object in 213 writing to this deduction from your security deposit within 15 214 days from the time you receive this notice or I will be 215 authorized to deduct my claim from your security deposit. Your 216 objection must be sent to ...(landlord’s address).... 217 If the landlord fails to give the required notice within the 30 218 day period, he or she forfeits the right to impose a claim upon 219 the security deposit and may not seek a setoff against the 220 deposit but may file an action for damages after return of the 221 deposit. 222 (b) Unless the tenant objects to the imposition of the 223 landlord’s claim or the amount thereof within 15 days after 224 receipt of the landlord’s notice of intention to impose a claim, 225 the landlord maythendeduct the amount of his or her claim and 226 shall remit the balance of the deposit and any interest to the 227 tenant within 30 days after the date of the notice of intention 228 to impose a claim for damages. The failure of the tenant to make 229 a timely objection does not waive any rights of the tenant to 230 seek damages in a separate action. 231 (c) If either party institutes an action in a court of 232 competent jurisdiction to adjudicate the party’s right to the 233 security deposit, the prevailing party is entitled to receive 234 his or her court costs plus a reasonable fee for his or her 235 attorney. If a court finds that the landlord failed to meet the 236 requirements of this section, the court shall award the tenant 237 damages equal to three times the amount of the tenant’s security 238 deposit. The court shall advance the cause on the calendar. 239 (d) Compliance with this section by an individual or 240 business entity authorized to conduct business in this state, 241 including Florida-licensed real estate brokers and sales 242 associates, constitutes compliance with all other relevant 243 Florida Statutes pertaining to security deposits held pursuant 244 to a rental agreement or other landlord-tenant relationship. 245 Enforcement personnel shall look solely to this section to 246 determine compliance. This section prevails over any conflicting 247 provisions in chapter 475 and in other sections of the Florida 248 Statutes, and shall operate to permit licensed real estate 249 brokers to disburse security deposits and deposit money without 250 having to comply with the notice and settlement procedures 251 contained in s. 475.25(1)(d). 252 (5) Except when otherwise provided by the terms of a 253 written rental agreementlease, any tenant who vacates or 254 abandons the premises prior to the expiration of the term 255 specified in the written rental agreementlease, or any tenant 256 who vacates or abandons premises which are the subject of a 257 tenancy from week to week, month to month, quarter to quarter, 258 or year to year, shall give at least 7 days’ written notice, 259 which notice shall include the address where the tenant may be 260 reached, by certified mail or personal delivery to the landlord 261 beforeprior tovacating or abandoning the premiseswhich notice262shall include the address where the tenant may be reached. 263 Failure to give such notice relievesshall relievethe landlord 264 of the notice requirement of paragraph (3)(a) but doesshallnot 265 waive any right the tenant may have to the security deposit or 266 any part of it. 267 (9)In those cases in which interest is required to be paid268to the tenant,The landlord shall pay directly to the tenant, or 269 credit against the current month’s rent, the interest due to the 270 tenant at least once annually. However,nointerest may not be 271 paid toshall be duea tenant who wrongfully terminates his or 272 her tenancy prior to the end of the rental term. 273 Section 6. Paragraph (a) of subsection (1) of section 274 83.51, Florida Statutes, is amended to read: 275 83.51 Landlord’s obligation to maintain premises.— 276 (1) The landlord at all times during the tenancy shall: 277 (a) Comply with the requirements of applicable building, 278 housing, and health codes. The landlord, at commencement of the 279 tenancy, must inspect the dwelling unit to ensure compliance 280 with all applicable codes; or 281 282 The landlord is not required to maintain a mobile home or other 283 structure owned by the tenant. The landlord’s obligations under 284 this subsection may be altered or modified in writing with 285 respect to a single-family home or duplex. 286 Section 7. Section 83.54, Florida Statutes, is amended to 287 read: 288 83.54 Enforcement of rights and duties; civil action; 289 criminal offenses.—Any right or duty declared in this part is 290 enforceable by civil action. A right or duty enforced by civil 291 action under this section does not preclude prosecution for a 292 criminal offense related to the rental agreement or rented 293 dwelling unit or premiseslease or leased property. In an action 294 brought by a tenant for wrongful termination of a rental 295 agreement, if the court finds in favor of the tenant, any 296 eviction complaint filed by the landlord shall be dismissed and 297 the record of such filing removed from the tenant’s credit 298 report. 299 Section 8. Subsection (6) of section 83.56, Florida 300 Statutes, is renumbered as subsection (7), subsections (2) and 301 (4) are amended, and a new subsection (6) is added to that 302 section, to read: 303 83.56 Termination of rental agreement.— 304 (2)(a) A landlord must have good cause to terminate a 305 rental agreement. The following reasons constitute good cause 306 allowing for termination of a rental agreement: 307 1. The destruction, damage, or misuse of the landlord’s or 308 other tenants’ property by intentional act. 309 2. A tenant’s disorderly conduct or continued unreasonable 310 disturbance. 311 3. Failure of the tenant to comply with s. 83.52. 312 4. A violation or breach of the landlord’s reasonable rules 313 and regulations. 314 5. A violation or breach of covenants or agreements 315 contained in the rental agreement. 316 6. Use of the dwelling unit or premises for illegal 317 purposes or acts, including, but not limited to, the 318 manufacture, sale, or use of illegal drugs, theft of property, 319 or assault or threats on the landlord or his or her relatives, 320 as defined in s. 494.001(33), or employees. 321 7. The dwelling unit or premises are removed from the 322 rental market because the state, any political subdivision as 323 defined in s. 1.01(8), or other entity exercises its power of 324 eminent domain, the landlord seeks in good faith to permanently 325 remove the property from the rental market, or the landlord is 326 converting the dwelling unit or premises from the rental market 327 to a condominium, cooperative, or fee simple ownership. 328 8. The dwelling unit or premises are being used as an 329 incident of employment and such employment is terminated. 330 9. The landlord seeks in good faith to recover possession 331 of the dwelling unit or premises for his or her own use and 332 occupancy as a principal residence, or for the use and occupancy 333 as a principal residence by a relative, as defined in s. 334 494.001(33), of the landlord. 335 (b) If any of the violations in subparagraphs 1.-6. exist 336the tenant materially fails to comply with s. 83.52 or material337provisions of the rental agreement, other than a failure to pay338rent, or reasonable rules or regulations, the landlord may: 339 1.(a)If the violationsuch noncomplianceis of a nature 340 that the tenant should not be given an opportunity to cure it or 341 if the violationnoncomplianceconstitutes a subsequent or 342 continuing violationnoncompliancewithin 12 months of a written 343 warning by the landlord of a similar violation, deliver a 344 written notice to the tenant specifying the violation 345noncomplianceand the landlord’s intent to terminate the rental 346 agreement by reason thereof.Examples of noncompliance which are347of a nature that the tenant should not be given an opportunity348to cure include, but are not limited to, destruction, damage, or349misuse of the landlord’s or other tenants’ property by350intentional act or a subsequent or continued unreasonable351disturbance.In such event, the landlord may terminate the 352 rental agreement, and the tenant shall have 7 days from the date 353 that the notice is delivered to vacate the premises. The notice 354 shall be in substantially the following form: 355 You are advised that your rental agreementleaseis 356 terminated effective immediately. You shall have 7 days from the 357 delivery of this letter to vacate the premises. This action is 358 taken because ...(cite the violationnoncompliance).... 359 2.(b)If the violationsuch noncomplianceis of a nature 360 that the tenant should be given an opportunity to cure it, 361 deliver a written notice to the tenant specifying the violation 362noncompliance, including a notice that, if the violation 363noncomplianceis not corrected within 7 days from the date that 364 the written notice is delivered, the landlord shall terminate 365 the rental agreement by reason thereof.Examples of such366noncompliance include, but are not limited to, activities in367contravention of the lease or this part such as having or368permitting unauthorized pets, guests, or vehicles; parking in an369unauthorized manner or permitting such parking; or failing to370keep the premises clean and sanitary.If such violation 371noncompliancerecurs within 12 months after notice, an eviction 372 action may commence without delivering a subsequent notice 373 pursuant to subparagraph 1.paragraph (a)or this subparagraph 374paragraph. The notice shall be in substantially the following 375 form: 376 You are hereby notified that ...(cite the violation 377noncompliance).... Demand is hereby made that you remedy the 378 violationnoncompliancewithin 7 days of receipt of this notice 379 or your rental agreement will belease shall be deemed380 terminated and you shall vacate the premises upon such 381 termination. If this same conduct or conduct of a similar nature 382 is repeated within 12 months, your tenancy is subject to 383 termination without further warning and without your being given 384 an opportunity to cure the violationnoncompliance. 385 (c) If any other reason provided in paragraph (a) exists, 386 the landlord may deliver a written notice to the tenant of the 387 landlord’s intent to terminate the rental agreement. The written 388 notice must specify the reason for the termination. In such 389 event, the tenant shall have 7 days from the date that the 390 notice is delivered to vacate the premises. 391 (3) If the tenant fails to pay rent when due and the 392 default continues for 3 days, excluding Saturday, Sunday, and 393 legal holidays, after delivery of written demand by the landlord 394 for payment of the rent or possession of the premises, or if the 395 tenant habitually pays late or fails to pay the full amount of 396 rent after being given notice of a rent increase as required in 397 s. 83.46(4), the landlord may terminate the rental agreement. 398 Habitual late payments means more than one late payment 399 following the landlord’s first written demand for payment. Legal 400 holidays for the purpose of this section shall be court-observed 401 holidays only. The 3-day notice shall contain a statement in 402 substantially the following form: 403 You are hereby notified that you are indebted to me in the 404 sum of .... dollars for the rent and use of the premises 405 ...(address of leased premises, including county)..., Florida, 406 now occupied by you and that I demand payment of the rent or 407 possession of the premises within 3 days (excluding Saturday, 408 Sunday, and legal holidays) from the date of delivery of this 409 notice, to wit: on or before the .... day of ...., ...(year).... 410 ...(landlord’s name, address and phone number)... 411 412 (4) The delivery of the written notices required by 413 subsections (1), (2),and(3), and (6) shall be by mailing or 414 delivery of a true copy thereof or, if the tenant is absent from 415 the premises, by leaving a copy thereof at the residence. The 416 notice requirements of subsections (1), (2),and(3), and (6) 417 may not be waived in the rental agreementlease. 418 (6)(a) If the landlord seeks in good faith to undertake 419 substantial repairs to the dwelling unit or premises that cannot 420 be completed while the dwelling unit is occupied, and that are 421 necessary to bring the dwelling unit or premises into compliance 422 with applicable codes and laws or under an outstanding notice of 423 code violations, the landlord may deliver a written notice to 424 the tenant of the landlord’s intent to terminate the rental 425 agreement. In such event, the tenant shall have 7 days from the 426 date that the notice is delivered to vacate the premises. 427 (b) A notice terminating a rental agreement under this 428 subsection must include the following information: 429 1. A statement in substantially the following form: “When 430 the needed repairs are completed on your dwelling unit or the 431 premises, the landlord must offer you the opportunity to return 432 to your dwelling unit with a rental agreement of substantially 433 the same terms and at the same rent, subject to the landlord’s 434 right to obtain a rent increase for capital improvements.” 435 2. If a landlord owns other residential dwelling units and 436 any such unit is available, a statement informing the tenant of 437 the existence of the available unit and an offer to enter into a 438 temporary rental agreement for the available unit or an offer to 439 enter into a new rental agreement for the available unit. The 440 landlord shall offer the replacement dwelling unit to the tenant 441 at a rent based on the rent that the tenant is currently paying, 442 allowing for adjustments based on the condition, size, and other 443 amenities of the replacement unit. 444 3. An estimate of the time required to complete the repairs 445 and the date upon which it is expected that the dwelling unit 446 will be ready for habitation. 447 (c) Upon completion of the repairs of the dwelling unit or 448 premises, the landlord shall offer the tenant the first right to 449 return to the dwelling unit at the same rent and under a rental 450 agreement of substantially the same terms, subject to the 451 landlord’s right to obtain a rent increase for capital 452 improvements. 453 Section 9. Subsection (2) of section 83.60, Florida 454 Statutes, is amended to read: 455 83.60 Defenses to action for rent or possession; 456 procedure.— 457 (2) In an action by the landlord for possession of a 458 dwelling unit, if the tenant interposes any defense other than 459 payment, including, but not limited to, the defense of a 460 defective 3-day notice, the tenant shall pay into the registry 461 of the court the accrued rent as alleged in the complaint or as 462 determined by the court and the rent that accrues during the 463 pendency of the proceeding, when due. The clerk shall notify the 464 tenant of such requirement in the summons.Failure of the tenant465to pay the rent into the registry of the court or to file a466motion to determine the amount of rent to be paid into the467registry within 5 days, excluding Saturdays, Sundays, and legal468holidays, after the date of service of process constitutes an469absolute waiver of the tenant’s defenses other than payment, and470the landlord is entitled to an immediate default judgment for471removal of the tenant with a writ of possession to issue without472further notice or hearing thereon.If a motion to determine rent 473 is filed, documentation in support of the allegation that the 474 rent as alleged in the complaint is in error is required. Public 475 housing tenants or tenants receiving rent subsidies are required 476 to deposit only that portion of the full rent for which they are 477 responsible pursuant to the federal, state, or local program in 478 which they are participating. 479 Section 10. Section 83.67, Florida Statutes, is amended to 480 read: 481 83.67 Prohibited practices.— 482 (1) A landlord of any dwelling unit governed by this part 483 mayshallnot cause, directly or indirectly, the termination or 484 interruption of any utility service furnished to the tenant, 485 including, but not limited to, water, heat, light, electricity, 486 gas, elevator, garbage collection, or refrigeration, whether or 487 not the utility service is under the control of, or payment is 488 made by, the landlord. 489 (2) A landlord of any dwelling unit governed by this part 490 mayshallnot prevent the tenant from gaining reasonable access 491 to the dwelling unit by any means, including, but not limited 492 to, changing the locks or using any bootlock or similar device. 493 (3) A landlord of any dwelling unit governed by this part 494 mayshallnot discriminate against a servicemember in offering a 495 dwelling unit for rent or in any of the terms of the rental 496 agreement. 497 (4) A landlord of any dwelling unit governed by this part 498 may not discriminate against a person in offering a dwelling 499 unit for rent or in any of the terms of the rental agreement 500 based on the person’s race; color; religion; sex; pregnancy; 501 national origin; age; physical, mental, or developmental 502 disability; HIV status; familial status; sexual orientation; 503 gender identity; source of income; or credit score. For purposes 504 of this subsection, the term: 505 (a) “Familial status” means the makeup of a person’s 506 family, including whether there is a child under the age of 18 507 living with the person or whether the person is seeking custody 508 of a child under the age of 18. 509 (b) “Gender identity” means the identity, appearance, or 510 behavior of a person, regardless of whether such identity, 511 appearance, or behavior is different from that traditionally 512 associated with the person’s physiology or assigned sex at 513 birth. 514 (c) “Sexual orientation” means a person’s heterosexuality, 515 homosexuality, or bisexuality. 516 (5) A landlord of any dwelling unit governed by this part 517 may not harass or intimidate a tenant for the purpose of 518 coercing the tenant into terminating the rental agreement. 519 (6) A landlord of any dwelling unit governed by this part 520 may not refuse to show the dwelling unit, either in person or 521 through photographs, to a prospective tenant until the 522 prospective tenant signs a rental agreement. 523 (7) Unless otherwise required by law, a landlord of any 524 dwelling unit governed by this part may not inquire into or 525 consider a prospective tenant’s criminal history on a rental 526 application or rental agreement. A landlord may inquire into or 527 consider a prospective tenant’s criminal history only after the 528 landlord otherwise determines that the prospective tenant 529 otherwise qualifies to rent a dwelling unit. 530 (8) If a landlord requires a prospective tenant to complete 531 a rental application before residing in a dwelling unit, the 532 landlord may not charge an excessive rental application fee. If, 533 after a prospective tenant submits a rental application and 534 application fee, a dwelling unit is not available, the landlord 535 must refund the application fee to the prospective tenant. 536 (9)(4)A landlord mayshallnot prohibit a tenant from 537 displaying one portable, removable, cloth or plastic United 538 States flag, not larger than 4 and 1/2 feet by 6 feet, in a 539 respectful manner in or on the dwelling unit regardless of any 540 provision in the rental agreement dealing with flags or 541 decorations. The United States flag shall be displayed in 542 accordance with s. 83.52(6). The landlord is not liable for 543 damages caused by a United States flag displayed by a tenant. 544 Any United States flag may not infringe upon the space rented by 545 any other tenant. 546 (10)(5)A landlord of any dwelling unit governed by this 547 part mayshallnot remove the outside doors, locks, roof, walls, 548 or windows of the unit except for purposes of maintenance, 549 repair, or replacement; and the landlord mayshallnot remove 550 the tenant’s personal property from the dwelling unit unless 551 such action is taken after surrender, abandonment, recovery of 552 possession of the dwelling unit due to the death of the last 553 remaining tenant in accordance with s. 83.59(3)(d), or a lawful 554 eviction. If provided in the rental agreement or a written 555 agreement separate from the rental agreement, upon surrender or 556 abandonment by the tenant, the landlord is not required to 557 comply with s. 715.104 and is not liable or responsible for 558 storage or disposition of the tenant’s personal property; if 559 provided in the rental agreement, there must be printed or 560 clearly stamped on such rental agreement a legend in 561 substantially the following form: 562 BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON 563 SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE 564 DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS 565 PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT 566 BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 567 TENANT’S PERSONAL PROPERTY. 568 For the purposes of this section, abandonment shall be as set 569 forth in s. 83.59(3)(c). 570 (11)(6)A landlord who violates any provision of this 571 section isshall beliable to the tenant for actual and 572 consequential damages or 3 months’ rent, whichever is greater, 573 and costs, including attorney’s fees. Subsequent or repeated 574 violations that are not contemporaneous with the initial 575 violation areshall besubject to separate awards of damages. 576 (12)(7)A violation of this section constitutes irreparable 577 harm for the purposes of injunctive relief. 578 (13)(8)The remedies provided by this section are not 579 exclusive and do not preclude the tenant from pursuing any other 580 remedy at law or equity that the tenant may have. The remedies 581 provided by this section shall also apply to a servicemember or 582 person who is a prospective tenant who has been discriminated 583 against under subsections (3) and (4)subsection (3). 584 Section 11. Section 83.675, Florida Statutes, is created to 585 read: 586 83.675 Tenant opportunity to purchase.— 587 (1) For purposes of this section, the term: 588 (a) “Bona fide offer of sale” means an offer for a price, 589 and, including other material terms, that is at least as 590 favorable as what would be accepted by a purchaser in an arm’s 591 length third-party contract, that is comparable to that at which 592 a willing seller and a willing buyer would sell and purchase the 593 dwelling unit or premises, or that is the appraised value. 594 (b) “Highest and best use” means the reasonable legal use 595 of a dwelling unit or the premises on which the dwelling unit is 596 located that is physically possible, appropriately supported, 597 and financially feasible and that results in the highest value 598 of the dwelling unit or premises. 599 (c) “Matter-of-right” means the appropriate land use, 600 development density, or building requirements of the dwelling 601 unit or premises under zoning regulations and law. 602 (2) Before a landlord may sell a dwelling unit or the 603 premises on which a dwelling unit is located or issue a notice 604 to vacate the dwelling unit or premises for purposes of 605 demolition or discontinuance of housing use, the landlord must 606 give the tenant an opportunity to purchase the dwelling unit or 607 the premises at a price and with material terms that represent a 608 bona fide offer of sale. 609 (3) A landlord shall provide the tenant a copy of the offer 610 of sale, in the preferred language of the tenant, by hand 611 delivery, e-mail, or certified mail. A landlord may not retain a 612 percentage of ownership in the dwelling unit or premises in the 613 offer of sale. 614 (4) The sales price contained in the offer of sale may not 615 be more than a price comparable to that at which a willing 616 seller and a willing buyer would sell and purchase the dwelling 617 unit or premises or the appraised value of the dwelling unit or 618 premises. 619 (5) The appraisal value shall be based on rights a landlord 620 has as a matter-of-right as of the date of the offer of sale, 621 including any existing right a landlord may have to convert the 622 dwelling unit or premises to another use. The appraisal value 623 may take into consideration the highest and best use of the 624 dwelling unit or premises. 625 (6) A tenant may challenge an offer of sale as not being a 626 bona fide offer of sale and request a determination of the 627 appraised value by an independent licensed appraiser, as defined 628 in s. 475.611, at the expense of the tenant, by providing 629 written notice to the landlord and the Division of Consumer 630 Services within the Department of Agriculture and Consumer 631 Services by hand delivery, electronic transmission, or certified 632 mail within 30 days after receipt of the offer of sale. 633 (7) The landlord has the burden of proof to establish that 634 an offer of sale under this section is a bona fide offer of 635 sale. 636 Section 12. Section 83.676, Florida Statutes, is created to 637 read: 638 83.676 Early termination of rental agreement by a victim of 639 domestic violence, dating violence, sexual violence, or 640 stalking; lock changing.— 641 (1) As used in this section, the term: 642 (a) “Dating violence” has the same meaning as in s. 643 784.046. 644 (b) “Domestic violence” has the same meaning as in s. 645 741.28. 646 (c) “Sexual violence” has the same meaning as in s. 647 784.046. 648 (d) “Stalking” has the same meaning as in s. 784.048. 649 (2) A landlord may not terminate a rental agreement or 650 evict a tenant for an incident involving actual or threatened 651 domestic violence, dating violence, sexual violence, or stalking 652 if the tenant or the tenant’s minor child is the victim of such 653 actual or threatened violence or stalking. A rental agreement 654 may not include a provision deeming that early termination of a 655 rental agreement because of an incident involving actual or 656 threatened domestic violence, dating violence, sexual violence, 657 or stalking, in which the tenant or the tenant’s minor child is 658 a victim and not the perpetrator, is a breach of the rental 659 agreement. 660 (3)(a) If a tenant or a tenant’s minor child is a victim of 661 actual or threatened domestic violence, dating violence, sexual 662 violence, or stalking during the term of a rental agreement, the 663 tenant may, without penalty, terminate the rental agreement at 664 any time by providing the landlord with written notice of the 665 tenant’s intent to terminate the rental agreement and to vacate 666 the premises because of such incident. The termination of the 667 rental agreement is effective immediately upon delivery of the 668 written notice and documentation specified in paragraph (b), if 669 applicable, to the landlord. 670 (b) Unless the landlord notifies the tenant that 671 documentation is not needed, a notice of termination from the 672 tenant required under paragraph (a) must be accompanied by 673 documentation verifying the tenant’s or the tenant’s minor 674 child’s status as a victim of actual or threatened domestic 675 violence, dating violence, sexual violence, or stalking and may 676 include: 677 1. A copy of an injunction for protection against domestic 678 violence, dating violence, sexual violence, or stalking issued 679 to the tenant as victim or as parent of a minor victim; 680 2. A copy of an order of no contact or a criminal 681 conviction entered by a court in a criminal case in which the 682 defendant was charged with a crime relating to domestic 683 violence, dating violence, sexual violence, or stalking against 684 the tenant or the tenant’s minor child; 685 3. A written verification from a domestic violence center 686 certified under chapter 39 or a rape crisis center as defined in 687 s. 794.055 which states that the tenant or the tenant’s minor 688 child is a victim of actual or threatened domestic violence, 689 dating violence, sexual violence, or stalking; or 690 4. A copy of a law enforcement report documenting an 691 incident of actual or threatened domestic violence, dating 692 violence, sexual violence, or stalking against the tenant or the 693 tenant’s minor child. 694 (c) A notice of termination from the tenant required under 695 paragraph (a) must be provided by certified mail or hand 696 delivery to the landlord, a person authorized to receive notices 697 on behalf of the landlord under s. 83.50, a resident manager, or 698 the person or entity that collects the rent on behalf of the 699 landlord. 700 (d) If a rental agreement with a specific duration is 701 terminated by a tenant under this subsection less than 30 days 702 before the end of the rental agreement, the tenant is liable for 703 the rent for the remaining period of the rental agreement. If a 704 rental agreement with a specific duration is terminated by a 705 tenant under this subsection 30 or more days before the end of 706 the rental agreement, the tenant is liable for prorated rent for 707 a period of 30 days immediately following delivery of the notice 708 of termination. After compliance with this paragraph, the tenant 709 is released from any further obligation to pay rent, 710 concessions, damages, fees, or penalties, and the landlord is 711 not entitled to the remedies provided in s. 83.595. 712 (e) If a rental agreement is terminated by a tenant under 713 this subsection, the landlord must comply with s. 83.49(3). A 714 tenant who terminates a rental agreement under this subsection 715 does not forfeit any deposit money or advance rent paid to the 716 landlord. 717 (f) This subsection does not affect a tenant’s liability 718 for unpaid rent or other amounts owed to the landlord before the 719 termination of the rental agreement under this subsection. 720 (g) If the perpetrator of actual or threatened domestic 721 violence, dating violence, sexual violence, or stalking is also 722 a tenant under the same rental agreement as the tenant who is a 723 victim, or whose minor child is a victim, of such actual or 724 threatened violence or stalking, neither the perpetrator’s 725 liability for rent nor his or her other obligations under the 726 rental agreement are terminated under this subsection, and the 727 landlord is entitled to the rights and remedies provided by this 728 part against the perpetrator. 729 (4)(a) A tenant or a tenant’s minor child who is a victim 730 of actual or threatened domestic violence, dating violence, 731 sexual violence, or stalking and who wishes to remain in the 732 dwelling unit may make a written request to the landlord 733 accompanied by any one of the documents listed in paragraph 734 (3)(b), and the landlord shall, within 24 hours after receipt of 735 the request, change the locks of the tenant’s dwelling unit and 736 provide the tenant with a key to the new locks. 737 (b) If the landlord fails to change the locks within 24 738 hours, the tenant may change the locks without the landlord’s 739 permission, notwithstanding any contrary provision in the rental 740 agreement or other applicable rules or regulations imposed by 741 the landlord, if all of the following conditions have been met: 742 1. The locks are changed in like manner as if the landlord 743 had changed the locks, with locks of similar or better quality 744 than the original locks. 745 2. The landlord is notified within 24 hours after the 746 changing of the locks. 747 3. The landlord is provided a key to the new locks within a 748 reasonable time. 749 (c) If the locks are changed under this subsection, the 750 landlord is not liable to any person who does not have access to 751 the dwelling unit. 752 (5) A landlord may not refuse to enter into a rental 753 agreement for a dwelling unit, refuse to negotiate for the 754 rental of a dwelling unit, make a dwelling unit unavailable, or 755 retaliate in the rental of a dwelling unit because: 756 (a) The tenant, prospective tenant, or minor child of the 757 tenant or prospective tenant is a victim of actual or threatened 758 domestic violence, dating violence, sexual violence, or 759 stalking; or 760 (b) The tenant or prospective tenant has previously 761 terminated a rental agreement because of an incident involving 762 actual or threatened domestic violence, dating violence, sexual 763 violence, or stalking in which the tenant, prospective tenant, 764 or minor child of the tenant or prospective tenant was a victim. 765 766 However, the landlord may refuse to enter into a rental 767 agreement, negotiate for the rental of a dwelling unit, or make 768 a dwelling unit available if the tenant or prospective tenant 769 fails to comply with the landlord’s request for documentation of 770 an incident of actual or threatened domestic violence, dating 771 violence, sexual violence, or stalking that occurred before 772 termination of a prior rental agreement. A landlord’s request 773 for documentation is satisfied upon the tenant’s or prospective 774 tenant’s provision of any one of the documents listed in 775 paragraph (3)(b). 776 (6) All information provided to a landlord under 777 subsections (3), (4), and (5), including the fact that a tenant, 778 prospective tenant, or a tenant’s or prospective tenant’s minor 779 child is a victim of actual or threatened domestic violence, 780 dating violence, sexual violence, or stalking, and including the 781 tenant’s forwarding address, is confidential. The landlord may 782 not enter such information into any shared database or provide 783 the information to any other person or entity, except to the 784 extent such disclosure is: 785 (a) Made to a person specified in paragraph (3)(c) solely 786 for a legitimate business purpose; 787 (b) Requested, or consented to, in writing by the tenant or 788 the tenant’s legal guardian; 789 (c) Required for use in a judicial proceeding; or 790 (d) Otherwise required by law. 791 (7) A tenant or prospective tenant, on his or her own 792 behalf or on behalf of his or her minor child, may file a civil 793 action against a landlord for a violation of this section. A 794 landlord who violates subsection (5) or subsection (6) is 795 civilly liable to the victim for $1,000 for punitive damages, 796 actual and consequential damages, and court costs, including 797 reasonable attorney fees, unless the landlord can show that this 798 was the landlord’s first violation and the violation was not 799 committed in bad faith. Subsequent or repeated violations that 800 are not contemporaneous with the initial violation are subject 801 to separate awards of damages. 802 (8) The provisions of this section may not be waived or 803 modified by a rental agreement. 804 Section 13. This act shall take effect July 1, 2020.