Text of FL H 985 (2024)

HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 1 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to housing; providing a short title; 2 creating s. 20.71, F.S.; creating the Department of 3 Housing and Tenant Rights as a new department of state 4 government; providing for the secretary of the 5 Department of Housing and Tenant Rights to be 6 appointed by the Governor and confirmed by the Senate; 7 providing duties of the secretary; providing the 8 purpose of the department; requiring a report on the 9 implementation of an empty homes tax be provided to 10 the Governor and Legislature by a specified date; 11 providing government reorganization for certain 12 chapters of law; amending s. 83.43, F.S.; revising 13 definitions; creating s. 83.455, F.S.; providing 14 requirements for rental agreements; requiring 15 landlords to provide certain information with rental 16 agreements; amending s. 83.46, F.S.; requiring that a 17 landlord provide written notice of a rent increase to 18 a tenant by a specified time; requiring such notice to 19 include an option for mediation under certain 20 circumstances; amending s. 83.47, F.S.; providing that 21 certain provisions in a rental agreement are void and 22 unenforceable; amending s. 83.49, F.S.; removing the 23 option for a landlord to deposit certain money into a 24 non-interest-bearing account; revising written notice 25 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 2 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S requirements to tenants; providing for damages if a 26 landlord fails to meet certain requirements; amending 27 s. 83.51, F.S.; requiring a landlord to inspect a 28 dwelling unit at a specified time to ensure compliance 29 with applicable codes; amending s. 83.54, F.S.; 30 requiring certain records be removed from a tenant's 31 credit report under certain circumstances; amending s. 32 83.56, F.S.; revising and specifying grounds for 33 termination of a rental agreement; requiring landlords 34 to provide certain tenants a specified amount of time 35 to vacate the premises after delivery of a notice to 36 terminate the rental agreement before bringing a 37 specified action; conforming provisions to changes 38 made by the act; conforming a cross-reference; 39 amending s. 83.60, F.S.; removing a requirement that 40 certain money be paid into the registry of the court; 41 creating s. 83.626, F.S.; authorizing tenants, mobile 42 home owners, mobile home tenants, or mobile home 43 occupants who are defendants in certain eviction 44 proceedings to file a motion with the court to have 45 the records of such proceedings sealed and to have 46 their names substituted on the progress docket under 47 certain conditions; providing applicability; requiring 48 the court to grant such motions if certain 49 requirements are met; authorizing that such relief be 50 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 3 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S granted only once; requiring tenants, mobile home 51 owners, mobile home tenants, or mobile home occupants 52 to submit a specified sworn statement under penalty of 53 perjury with their motion; requiring the court to 54 substitute a defendant's name on the progress docket 55 if a judgment is entered in favor of the defendant; 56 providing exceptions; providing retroactive 57 applicability; amending s. 83.63, F.S.; conforming a 58 cross-reference; amending s. 83.67, F.S.; prohibiting 59 a landlord from engaging in certain conduct; providing 60 definitions; conforming a cross-reference to changes 61 made by the act; creating s. 83.675, F.S.; providing 62 definitions; requiring a landlord to give tenants the 63 opportunity to purchase the dwelling unit or premises 64 under certain circumstances; providing requirements 65 for an offer of sale; authorizing a tenant to 66 challenge an offer of sale; creating s. 83.676, F.S.; 67 providing definitions; prohibiting a landlord from 68 evicting a tenant or terminating a rental agreement 69 because the tenant or the tenant's minor child is a 70 victim of actual or threatened domestic violence, 71 dating violence, sexual violence, or stalking; 72 specifying that a rental agreement may not contain 73 certain provisions; authorizing a victim of such 74 actual or threatened violence or stalking to terminate 75 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 4 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S a rental agreement under certain circumstances; 76 requiring certain documentation and written notice to 77 landlord; providing for liability for rent for both 78 the tenant and the perpetrator, if applicable; 79 specifying that a tenant does not forfeit certain 80 money paid to the landlord for terminating the rental 81 agreement under certain circumstances; requiring a 82 landlord to change the locks of the dwelling unit 83 within a specified time period under certain 84 circumstances; authorizing the tenant to change the 85 locks of the dwelling unit under certain 86 circumstances; prohibiting certain actions by a 87 landlord under certain circumstances; authorizing 88 filing of a civil action and an award of damages, 89 fees, and costs under certain circumstances; 90 prohibiting the waiver of certain provisions; amending 91 s. 163.31801, F.S.; authorizing local governments and 92 special districts to adopt a specified impact fee; 93 requiring that the revenue generated from such impact 94 fee be used for a specified purpose; amending s. 95 196.061, F.S.; providing that rental of certain 96 homestead property does not constitute abandonment in 97 specified circumstances; creating s. 201.025, F.S.; 98 providing the amount of documentary stamp tax imposed 99 on purchases of certain property by certain entities; 100 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 5 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S requiring revenue generated by such tax to be 101 deposited into the Florida Affordable Housing Trust 102 Fund; providing exceptions; providing an effective 103 date. 104 105 Be It Enacted by the Legislature of the State of Florida: 106 107 Section 1. This act shall be cited as the "Keep Floridians 108 Housed Act." 109 Section 2. Section 20.71, Florida Statutes, is created to 110 read: 111 20.71 Department of Housing and Tenant Rights.— 112 (1) There is created the Department of Housing and Tenant 113 Rights. 114 (2) The head of the department is the secretary, who shall 115 be appointed by the Governor, subject to confirmation by the 116 Senate. The secretary shall serve at the pleasure of and report 117 to the Governor. The secretary may appoint deputy and assistant 118 secretaries as necessary to aid the secretary in fulfilling his 119 or her statutory obligations. The secretary may create offices 120 or divisions within the department to promote efficient and 121 effective operation of the department. 122 (3) The purpose of the department is to assist the 123 Governor in working with the Legislature, state agencies, and 124 other interested entities to formulate and implement coherent 125 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 6 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S and consistent policies and strategies designed to combat 126 affordable housing and homelessness issues in the state; assist 127 with housing and urban development; and perpetuate amicable 128 landlord-tenant relationships. 129 (4) The department shall, by January 1, 2025, conduct 130 research and submit a report to the Governor, the President of 131 the Senate, and the Speaker of the House of Representatives on a 132 cost-benefit analysis of implementing an empty homes tax. 133 (5) The department shall take over the role of state 134 government from other departments that currently administer 135 chapter 83 and chapters 419-423. 136 Section 3. Subsections (11) and (16) of section 83.43, 137 Florida Statutes, are amended to read: 138 83.43 Definitions.—As used in this part, the following 139 words and terms shall have the following meanings unless some 140 other meaning is plainly indicated: 141 (11) "Rent" means the periodic payments due the landlord 142 from the tenant for occupancy under a rental agreement and any 143 other payments due the landlord from the tenant as may be 144 designated as rent in a written rental agreement. The term does 145 not include deposit money, security deposits, late fees, early 146 termination fees, liquidated damages, or any other charge or fee 147 even if the charge or fee is designated as rent in a written 148 rental agreement. 149 (16) "Tenant" means any person entitled to occupy a 150 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 7 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S dwelling unit or property held out for the use of tenants 151 generally under a rental agreement. 152 Section 4. Section 83.455, Florida Statutes, is created to 153 read: 154 83.455 Rental agreements.— 155 (1) Immediately after entering into, extending, or 156 renewing a rental agreement, the tenant must be provided a copy 157 of the rental agreement. The rental agreement must be written in 158 plain language and, at the tenant's request, translated into the 159 preferred language of the tenant. 160 (2) Notwithstanding any other provision of law, all rental 161 agreements entered into, extended, or renewed on or after July 162 1, 2024, must include the following provisions: 163 (a) Before a private sale or transfer of title of the 164 dwelling unit or the premises on which the dwelling unit is 165 located, the landlord must provide the tenant with the right of 166 first refusal to purchase the dwelling unit or premises as 167 provided under s. 83.675. 168 (b) If a landlord chooses not to extend or renew a rental 169 agreement, he or she must provide the tenant 60 days' notice of 170 his or her decision and provide a written explanation for such 171 decision. 172 (c) If a rental agreement provision authorizes termination 173 of the rental agreement by the landlord without cause, such 174 provision must require the landlord to provide the tenant just 175 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 8 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S compensation and comprehensive relocation assistance. 176 (d) A landlord may not terminate a tenancy for cause 177 during a state of emergency declared by the Governor under 178 chapter 252. 179 (e) During a state of emergency declared by the Governor 180 under chapter 252, a tenant may install wind resistance 181 improvements, as defined in s. 163.08(2)(b)3., to the dwelling 182 unit at the tenant's expense. 183 (f) A landlord may not terminate a tenancy because a 184 tenant establishes, attempts to establish, or participates in a 185 tenant organization. 186 Section 5. Subsection (4) is added to section 83.46, 187 Florida Statutes, to read: 188 83.46 Rent; duration of tenancies.— 189 (4) A landlord must provide to a tenant a written notice, 190 by certified mail or hand delivery, of a planned rent increase 191 at least 60 days before the rental agreement renewal period. If 192 the rent increase is more than 5 percent, the landlord must 193 provide notice, by certified mail or hand delivery, at least 3 194 months before the rental agreement renewal period. If the rent 195 increase is more than 5 percent, the notice must also contain a 196 statement that the tenant may elect to participate in nonbinding 197 mediation, at the expense of the tenant, by providing written 198 notice to the landlord, by certified mail or hand delivery, 199 within 14 days after receipt of the notice of the rent increase. 200 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 9 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S For a tenancy without a specific duration, the landlord must 201 provide written notice, by certified mail or hand delivery, of a 202 planned rent increase within the timeframes provided in s. 203 83.57. 204 Section 6. Paragraph (c) is added to subsection (1) of 205 section 83.47, Florida Statutes, to read: 206 83.47 Prohibited provisions in rental agreements.— 207 (1) A provision in a rental agreement is void and 208 unenforceable to the extent that it: 209 (c) Purports that early termination of a rental agreement 210 because of an incident involving actual or threatened domestic 211 violence, dating violence, sexual violence, or stalking, in 212 which the tenant or the tenant's minor child is a victim and not 213 the perpetrator, is a breach of the rental agreement. 214 Section 7. Subsections (1) through (9) of section 83.49, 215 Florida Statutes, are renumbered as subsections (2) through 216 (10), respectively, present subsections (1) through (5), (7), 217 and (9) are amended, and a new subsection (1) is added to that 218 section, to read: 219 83.49 Deposit money or advance rent; duty of landlord and 220 tenant.— 221 (1)(a) A landlord may not charge a tenant a security 222 deposit that is more than 1 month's rent. 223 (b) The landlord must allow the tenant, in his or her 224 discretion, to pay the total amount of the security deposit in 225 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 10 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 12 equal payments to be paid at the same time and in the same 226 manner as the tenant's rent. If the duration of the rental 227 agreement is less than 1 year, the total amount of the deposit 228 must be paid in equal monthly payments based on the duration of 229 the tenancy and be paid at the same time and in the same manner 230 as the tenant's rent. 231 (c) If a tenant pays his or her security deposit according 232 to paragraph (b), when the rental agreement is terminated or the 233 tenant vacates or abandons the premises before the expiration of 234 the term specified in the rental agreement, the tenant is 235 entitled to a refund equivalent to the amount of the security 236 deposit that he or she already paid, minus any deductions 237 properly claimed by the landlord under subsection (4) for 238 damages. 239 (2)(1) Whenever money is deposited or advanced by a tenant 240 on a rental agreement as security for performance of the rental 241 agreement or as advance rent for other than the next immediate 242 rental period, the landlord or the landlord's agent shall 243 either: 244 (a) Hold the total amount of such money in a separate non- 245 interest-bearing account in a Florida banking institution for 246 the benefit of the tenant or tenants. The landlord shall not 247 commingle such moneys with any other funds of the landlord or 248 hypothecate, pledge, or in any other way make use of such moneys 249 until such moneys are actually due the landlord; 250 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 11 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (a)(b) Hold the total amount of such money in a separate 251 interest-bearing account in a Florida banking institution for 252 the benefit of the tenant or tenants, in which case the tenant 253 shall receive and collect interest in an amount of at least 75 254 percent of the annualized average interest rate payable on such 255 account or interest at the rate of 5 percent per year, simple 256 interest, whichever the landlord elects. The landlord shall not 257 commingle such moneys with any other funds of the landlord or 258 hypothecate, pledge, or in any other way make use of such moneys 259 until such moneys are actually due the landlord; or 260 (b)(c) Post a surety bond, executed by the landlord as 261 principal and a surety company authorized and licensed to do 262 business in the state as surety, with the clerk of the circuit 263 court in the county in which the dwelling unit is located in the 264 total amount of the security deposits and advance rent he or she 265 holds on behalf of the tenants or $50,000, whichever is less. 266 The bond shall be conditioned upon the faithful compliance of 267 the landlord with the provisions of this section and shall run 268 to the Governor for the benefit of any tenant injured by the 269 landlord's violation of the provisions of this section. In 270 addition to posting the surety bond, the landlord shall pay to 271 the tenant interest at the rate of 5 percent per year, simple 272 interest. A landlord, or the landlord's agent, engaged in the 273 renting of dwelling units in five or more counties, who holds 274 deposit moneys or advance rent and who is otherwise subject to 275 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 12 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the provisions of this section, may, in lieu of posting a surety 276 bond in each county, elect to post a surety bond in the form and 277 manner provided in this paragraph with the office of the 278 Secretary of State. The bond shall be in the total amount of the 279 security deposit or advance rent held on behalf of tenants or in 280 the amount of $250,000, whichever is less. The bond shall be 281 conditioned upon the faithful compliance of the landlord with 282 the provisions of this section and shall run to the Governor for 283 the benefit of any tenant injured by the landlord's violation of 284 this section. In addition to posting a surety bond, the landlord 285 shall pay to the tenant interest on the security deposit or 286 advance rent held on behalf of that tenant at the rate of 5 287 percent per year simple interest. 288 (3)(2) The landlord shall, in the rental lease agreement 289 or within 30 days after receipt of advance rent or a security 290 deposit, give written notice to the tenant which includes 291 disclosure of the advance rent or security deposit. Subsequent 292 to providing such written notice, if the landlord changes the 293 manner or location in which he or she is holding the advance 294 rent or security deposit, he or she must notify the tenant 295 within 30 days after the change as provided in paragraphs (a)- 296 (d). The landlord is not required to give new or additional 297 notice solely because the depository has merged with another 298 financial institution, changed its name, or transferred 299 ownership to a different financial institution. This subsection 300 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 13 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S does not apply to any landlord who rents fewer than five 301 individual dwelling units. Failure to give this notice is not a 302 defense to the payment of rent when due. The written notice 303 must: 304 (a) Be given in person or by mail to the tenant. 305 (b) State the name and address of the depository where the 306 advance rent or security deposit is being held or state that the 307 landlord has posted a surety bond as provided by law. 308 (c) State that whether the tenant is entitled to interest 309 on the deposit and the amount of the interest. 310 (d) Contain the following disclosure: 311 YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF CERTAIN 312 DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE 313 LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU 314 MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT 315 THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE 316 LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE 317 OUT, OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE 318 DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR 319 OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE 320 LANDLORD'S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND MUST 321 MAIL YOU THE REMAINING DEPOSIT, IF ANY. 322 IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD 323 MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU 324 FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE 325 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 14 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A 326 LAWSUIT CLAIMING A REFUND. 327 YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE 328 FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT 329 IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY 330 THE LOSING PARTY. 331 THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 332 FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 333 OBLIGATIONS. 334 (4)(3) The landlord or the landlord's agent may disburse 335 advance rents from the deposit account to the landlord's benefit 336 when the advance rental period commences and without notice to 337 the tenant. For all other deposits: 338 (a) Upon the vacating of the premises for termination of 339 the rental agreement lease, if the landlord does not intend to 340 impose a claim on the security deposit, the landlord must shall 341 have 15 days to return the security deposit together with 342 interest within 30 days after the tenant vacates the premises. 343 if otherwise required, or The landlord has shall have 30 days 344 after the tenant vacates the premises to give the tenant written 345 notice by certified mail to the tenant's last known mailing 346 address of his or her intention to impose a claim on the deposit 347 and the reason for imposing the claim. The notice must shall 348 contain a statement in substantially the following form: 349 This is a notice of my intention to impose a claim for 350 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 15 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S damages in the amount of .... upon your security deposit, due to 351 ..... It is sent to you as required by s. 83.49(4) s. 83.49(3), 352 Florida Statutes. You are hereby notified that you must object 353 in writing to this deduction from your security deposit within 354 15 days after from the time you receive this notice or I will be 355 authorized to deduct my claim from your security deposit. Your 356 objection must be sent to ...(landlord's address).... 357 If the landlord fails to give the required notice within the 30- 358 day period, he or she forfeits the right to impose a claim upon 359 the security deposit and may not seek a setoff against the 360 deposit but may file an action for damages after return of the 361 deposit. 362 (b) Unless the tenant objects to the imposition of the 363 landlord's claim or the amount thereof within 15 days after 364 receipt of the landlord's notice of intention to impose a claim, 365 the landlord may then deduct the amount of his or her claim and 366 must shall remit the balance of the deposit and any interest to 367 the tenant within 30 days after the date of the notice of 368 intention to impose a claim for damages. The failure of the 369 tenant to make a timely objection does not waive any rights of 370 the tenant to seek damages in a separate action. 371 (c) If either party institutes an action in a court of 372 competent jurisdiction to adjudicate the party's right to the 373 security deposit, the prevailing party is entitled to receive 374 his or her court costs plus a reasonable fee for his or her 375 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 16 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S attorney. If a court finds that the landlord failed to meet the 376 requirements of this section, the court must award the tenant 377 damages equal to three times the amount of the tenant's security 378 deposit. The court shall advance the cause on the calendar. 379 (d) Compliance with this section by an individual or 380 business entity authorized to conduct business in this state, 381 including Florida-licensed real estate brokers and sales 382 associates, constitutes compliance with all other relevant 383 Florida Statutes pertaining to security deposits held pursuant 384 to a rental agreement or other landlord-tenant relationship. 385 Enforcement personnel shall look solely to this section to 386 determine compliance. This section prevails over any conflicting 387 provisions in chapter 475 and in other sections of the Florida 388 Statutes, and operates shall operate to permit licensed real 389 estate brokers to disburse security deposits and deposit money 390 without having to comply with the notice and settlement 391 procedures contained in s. 475.25(1)(d). 392 (5)(4) The provisions of This section does do not apply to 393 transient rentals by hotels or motels as defined in chapter 509; 394 or nor do they apply in those instances in which the amount of 395 rent or deposit, or both, is regulated by law or by rules or 396 regulations of a public body, including public housing 397 authorities and federally administered or regulated housing 398 programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 399 of the National Housing Act, as amended, other than for rent 400 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 17 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S stabilization. With the exception of subsections (4), (6), and 401 (7) (3), (5), and (6), this section is not applicable to housing 402 authorities or public housing agencies created pursuant to 403 chapter 421 or other statutes. 404 (6)(5) Except when otherwise provided by the terms of a 405 written rental agreement lease, any tenant who vacates or 406 abandons the premises before prior to the expiration of the term 407 specified in the written rental agreement lease, or any tenant 408 who vacates or abandons premises which are the subject of a 409 tenancy from week to week, month to month, quarter to quarter, 410 or year to year, must shall give at least 7 days' written 411 notice, which notice must include the address where the tenant 412 may be reached, by certified mail or personal delivery to the 413 landlord before prior to vacating or abandoning the premises 414 which notice shall include the address where the tenant may be 415 reached. Failure to give such notice relieves shall relieve the 416 landlord of the notice requirement of paragraph (4)(a)(3)(a) but 417 does shall not waive any right the tenant may have to the 418 security deposit or any part of it. 419 (8)(7) Upon the sale or transfer of title of the rental 420 property from one owner to another, or upon a change in the 421 designated rental agent, any and all security deposits or 422 advance rents being held for the benefit of the tenants must 423 shall be transferred to the new owner or agent, together with 424 any earned interest and with an accurate accounting showing the 425 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 18 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S amounts to be credited to each tenant account. Upon the transfer 426 of such funds and records to the new owner or agent, and upon 427 transmittal of a written receipt therefor, the transferor is 428 free from the obligation imposed in subsection (2)(1) to hold 429 such moneys on behalf of the tenant. There is a rebuttable 430 presumption that any new owner or agent received the security 431 deposit from the previous owner or agent; however, this 432 presumption is limited to 1 month's rent. This subsection does 433 not excuse the landlord or agent for a violation of other 434 provisions of this section while in possession of such deposits. 435 (10)(9) In those cases in which interest is required to be 436 paid to the tenant, The landlord shall pay directly to the 437 tenant, or credit against the current month's rent, the interest 438 due to the tenant at least once annually. However, no interest 439 may not be paid to shall be due a tenant who wrongfully 440 terminates his or her tenancy before prior to the end of the 441 rental term. 442 Section 8. Paragraph (a) of subsection (1) of section 443 83.51, Florida Statutes, is amended to read: 444 83.51 Landlord's obligation to maintain premises.— 445 (1) The landlord at all times during the tenancy shall: 446 (a) Comply with the requirements of applicable building, 447 housing, and health codes. The landlord, at commencement of the 448 tenancy, must inspect the dwelling unit to ensure compliance 449 with all applicable codes; or 450 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 19 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 451 The landlord is not required to maintain a mobile home or other 452 structure owned by the tenant. The landlord's obligations under 453 this subsection may be altered or modified in writing with 454 respect to a single-family home or duplex. 455 Section 9. Section 83.54, Florida Statutes, is amended to 456 read: 457 83.54 Enforcement of rights and duties; civil action; 458 criminal offenses.—Any right or duty declared in this part is 459 enforceable by civil action. A right or duty enforced by civil 460 action under this section does not preclude prosecution for a 461 criminal offense related to the rental agreement or rented 462 dwelling unit or premises lease or leased property. In an action 463 brought by a tenant for wrongful termination of a rental 464 agreement, if the court finds in favor of the tenant, any 465 eviction complaint filed by the landlord must be dismissed and 466 the record of such filing removed from the tenant's credit 467 report. 468 Section 10. Subsections (5) and (6) of section 83.56, 469 Florida Statutes, are renumbered as subsections (6) and (7), 470 respectively, subsections (2), (3), and (4), and paragraph (b) 471 of present subsection (5), and present subsection (6) are 472 amended, and new subsections (5) and (8) are added to that 473 section, to read: 474 83.56 Termination of rental agreement.— 475 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 20 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (2)(a) A landlord must have good cause to terminate a 476 rental agreement. The following reasons constitute good cause 477 allowing for termination of a rental agreement: 478 1. The destruction, damage, or misuse of the landlord's or 479 other tenants' property by intentional act. 480 2. A tenant's disorderly conduct or continued unreasonable 481 disturbance. 482 3. Failure of the tenant to comply with s. 83.52. 483 4. A violation or breach of the landlord's reasonable 484 rules and regulations. 485 5. A violation or breach of covenants or agreements 486 contained in the rental agreement. 487 6. Use of the dwelling unit or premises for illegal 488 purposes or acts that the tenant has been criminally charged 489 with, including, but not limited to, the manufacture, sale, or 490 use of illegal drugs, theft of property, or assault or threats 491 on the landlord or his or her relatives, as defined in s. 492 494.001, or employees. 493 7. The dwelling unit or premises are removed from the 494 rental market because the state, any political subdivision as 495 defined in s. 1.01(8), or other entity exercises its power of 496 eminent domain, the landlord seeks in good faith to permanently 497 remove the property from the rental market, or the landlord is 498 converting the dwelling unit or premises from the rental market 499 to a condominium, cooperative, or fee simple ownership. 500 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 21 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 8. The dwelling unit or premises are being used as an 501 incident of employment and such employment is terminated. 502 9. The landlord seeks in good faith to recover possession 503 of the dwelling unit or premises for his or her own use and 504 occupancy as a principal residence, or for the use and occupancy 505 as a principal residence by a relative, as defined in s. 506 494.001, of the landlord. 507 (b) If any of the violations in subparagraphs 1.-6. exist 508 the tenant materially fails to comply with s. 83.52 or material 509 provisions of the rental agreement, other than a failure to pay 510 rent, or reasonable rules or regulations, the landlord may: 511 1.(a) If the violation such noncompliance is of a nature 512 that the tenant should not be given an opportunity to cure it or 513 if the violation noncompliance constitutes a subsequent or 514 continuing violation noncompliance within 12 months after of a 515 written warning by the landlord of a similar violation, deliver 516 a written notice to the tenant specifying the violation 517 noncompliance and the landlord's intent to terminate the rental 518 agreement by reason thereof. Examples of noncompliance which are 519 of a nature that the tenant should not be given an opportunity 520 to cure include, but are not limited to, destruction, damage, or 521 misuse of the landlord's or other tenants' property by 522 intentional act or a subsequent or continued unreasonable 523 disturbance. In such event, the landlord may terminate the 524 rental agreement, and the tenant has shall have 7 days after 525 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 22 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S from the date that the notice is delivered to vacate the 526 premises. The notice must shall be in substantially the 527 following form: 528 You are advised that your rental agreement lease is 529 terminated effective immediately. You shall have 7 days after 530 from the delivery of this letter to vacate the premises. This 531 action is taken because ...(cite the violation 532 noncompliance).... 533 2.(b) If the violation such noncompliance is of a nature 534 that the tenant should be given an opportunity to cure it, 535 deliver a written notice to the tenant specifying the violation 536 noncompliance, including a notice that, if the violation 537 noncompliance is not corrected within 7 days after from the date 538 that the written notice is delivered, the landlord will shall 539 terminate the rental agreement by reason thereof. Examples of 540 such noncompliance include, but are not limited to, activities 541 in contravention of the lease or this part such as having or 542 permitting unauthorized pets, guests, or vehicles; parking in an 543 unauthorized manner or permitting such parking; or failing to 544 keep the premises clean and sanitary. If such violation 545 noncompliance recurs within 12 months after receipt of such 546 notice, an eviction action may commence without delivering a 547 subsequent notice pursuant to subparagraph 1. paragraph (a) or 548 this subparagraph paragraph. The notice must shall be in 549 substantially the following form: 550 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 23 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S You are hereby notified that ...(cite the violation 551 noncompliance).... Demand is hereby made that you remedy the 552 violation noncompliance within 7 days after of receipt of this 553 notice or your rental agreement will be lease shall be deemed 554 terminated and you must shall vacate the premises upon such 555 termination. If this same conduct or conduct of a similar nature 556 is repeated within 12 months, your tenancy is subject to 557 termination without further warning and without your being given 558 an opportunity to cure the violation noncompliance. 559 (c) If any other reason provided in paragraph (a) exists, 560 the landlord may deliver a written notice to the tenant of the 561 landlord's intent to terminate the rental agreement. The written 562 notice must specify the reason for the termination. In such 563 event, the tenant has 7 days after the date that the notice is 564 delivered to vacate the premises. 565 (3) If the tenant fails to pay rent when due and the 566 default continues for 3 days, excluding Saturday, Sunday, and 567 legal holidays, after delivery of written demand by the landlord 568 for payment of the rent or possession of the premises, or if the 569 tenant habitually pays late or fails to pay the full amount of 570 rent after being given notice of a rent increase as required in 571 s. 83.46(4), the landlord may terminate the rental agreement. 572 Habitual late payments means more than one late payment 573 following the landlord's first written demand for payment. Legal 574 holidays for the purpose of this section shall be court-observed 575 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 24 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S holidays only. The 3-day notice shall contain a statement in 576 substantially the following form: 577 You are hereby notified that you are indebted to me in the 578 sum of .... dollars for the rent and use of the premises 579 ...(address of leased premises, including county)..., Florida, 580 now occupied by you and that I demand payment of the rent or 581 possession of the premises within 3 days (excluding Saturday, 582 Sunday, and legal holidays) after from the date of delivery of 583 this notice, to wit: on or before the .... day of ...., 584 ...(year).... 585 ...(landlord's name, address and phone number)... 586 587 (4) The delivery of the written notices required by 588 subsections (1), (2), and (3), and (8) must shall be by mailing 589 or delivery of a true copy thereof or, if the tenant is absent 590 from the premises, by leaving a copy thereof at the residence. 591 The notice requirements of subsections (1), (2), and (3), and 592 (8) may not be waived in the rental agreement lease. 593 (5) Notwithstanding any other law to the contrary, if the 594 landlord knows or reasonably should know that the tenant is 595 pregnant or there are children under the age of 18 years living 596 in the dwelling unit, the landlord must provide the tenant at 597 least 3 months after delivery of a written notice under 598 subsection (2) or subsection (3) to vacate the premises before 599 bringing an action for possession of the dwelling unit under s. 600 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 25 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 83.59. 601 (6)(5) 602 (b) Any tenant who wishes to defend against an action by 603 the landlord for possession of the unit for noncompliance of the 604 rental agreement or of relevant statutes must comply with s. 605 83.60(2). The court may not set a date for mediation or trial 606 unless the provisions of s. 83.60(2) have been met, but must 607 enter a default judgment for removal of the tenant with a writ 608 of possession to issue immediately if the tenant fails to comply 609 with s. 83.60(2). 610 (7)(6) If the rental agreement is terminated, the landlord 611 must shall comply with s. 83.49(4) s. 83.49(3). 612 (8)(a) If the landlord seeks in good faith to undertake 613 substantial repairs to the dwelling unit or premises that cannot 614 be completed while the dwelling unit is occupied, and that are 615 necessary to bring the dwelling unit or premises into compliance 616 with applicable codes and laws or under an outstanding notice of 617 code violations, the landlord may deliver a written notice to 618 the tenant of the landlord's intent to terminate the rental 619 agreement. In such event, the tenant has 7 days after the date 620 that the notice is delivered to vacate the premises. 621 (b) A notice terminating a rental agreement under this 622 subsection must include the following information: 623 1. A statement in substantially the following form: "When 624 the needed repairs are completed on your dwelling unit or the 625 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 26 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S premises, the landlord must offer you the opportunity to return 626 to your dwelling unit with a rental agreement of substantially 627 the same terms and at the same rent, subject to the landlord's 628 right to obtain a rent increase for capital improvements." 629 2. If a landlord owns other residential dwelling units and 630 any such unit is available, a statement informing the tenant of 631 the existence of the available unit and an offer to enter into a 632 temporary rental agreement for the available unit or an offer to 633 enter into a new rental agreement for the available unit. The 634 landlord must offer the replacement dwelling unit to the tenant 635 at a rent based on the rent that the tenant is currently paying, 636 allowing for adjustments based on the condition, size, and other 637 amenities of the replacement unit. 638 3. An estimate of the time required to complete the 639 repairs and the date upon which it is expected that the dwelling 640 unit will be ready for habitation. 641 (c) Upon completion of the repairs of the dwelling unit or 642 premises, the landlord must offer the tenant the first right to 643 return to the dwelling unit at the same rent and under a rental 644 agreement of substantially the same terms, subject to the 645 landlord's right to obtain a rent increase for capital 646 improvements. 647 Section 11. Subsection (2) of section 83.60, Florida 648 Statutes, is amended to read: 649 83.60 Defenses to action for rent or possession; 650 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 27 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S procedure.— 651 (2) In an action by the landlord for possession of a 652 dwelling unit, if the tenant interposes any defense other than 653 payment, including, but not limited to, the defense of a 654 defective 3-day notice, the tenant must shall pay into the 655 registry of the court the accrued rent as alleged in the 656 complaint or as determined by the court and the rent that 657 accrues during the pendency of the proceeding, when due. The 658 clerk shall notify the tenant of such requirement in the 659 summons. Failure of the tenant to pay the rent into the registry 660 of the court or to file a motion to determine the amount of rent 661 to be paid into the registry within 5 days, excluding Saturdays, 662 Sundays, and legal holidays, after the date of service of 663 process constitutes an absolute waiver of the tenant's defenses 664 other than payment, and the landlord is entitled to an immediate 665 default judgment for removal of the tenant with a writ of 666 possession to issue without further notice or hearing thereon. 667 If a motion to determine rent is filed, documentation in support 668 of the allegation that the rent as alleged in the complaint is 669 in error is required. Public housing tenants or tenants 670 receiving rent subsidies are required to deposit only that 671 portion of the full rent for which they are responsible pursuant 672 to the federal, state, or local program in which they are 673 participating. 674 Section 12. Section 83.626, Florida Statutes, is created 675 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 28 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S to read: 676 83.626 Court records of eviction proceedings.— 677 (1) A tenant, mobile home owner, mobile home tenant, or 678 mobile home occupant who is a defendant in an eviction 679 proceeding under this part or s. 723.061 may file a motion with 680 the court to have the records of such proceeding sealed and to 681 have his or her name substituted with "tenant" or "occupant" on 682 the progress docket if any of the following conditions are 683 satisfied: 684 (a) The parties file a joint stipulation requesting relief 685 under this section. 686 (b) The case was dismissed. 687 (c) The case was resolved by settlement or stipulation of 688 the parties and the defendant has complied with the terms of the 689 agreement. 690 (d) A default judgment was entered against the defendant 691 and the defendant has satisfied any monetary award included in 692 the judgment. This paragraph does not apply if the action was 693 brought under s. 83.56(2)(a) or s. 723.061(1)(b) or (c) for 694 material noncompliance, other than nonpayment of rent, because 695 of the defendant's intentional destruction, damage, or misuse of 696 the landlord's property. 697 (e) A judgment was entered against the defendant on the 698 merits at least 5 years before the motion was filed under this 699 subsection and the defendant has satisfied any monetary award 700 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 29 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S included in the judgment. This paragraph does not apply if the 701 action was brought under s. 83.56(2)(a) or s. 723.061(1)(b) or 702 (c) for material noncompliance, other than nonpayment of rent, 703 because of the defendant's intentional destruction, damage, or 704 misuse of the landlord's property. 705 (2)(a) The court shall grant such motion without a hearing 706 if the requirements in paragraph (1)(a) or paragraph (1)(b) are 707 satisfied. 708 (b) If the defendant files a motion on the basis of 709 paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) being 710 satisfied, the defendant must also serve a copy of the motion on 711 all parties to the proceeding. If a written objection is filed 712 by a party within 30 days after such service, the court must 713 schedule a hearing. If a written objection is not filed within 714 30 days after service of the motion, or the court determines 715 after a hearing that the defendant is eligible for relief, the 716 court must grant the motion. 717 (3) A tenant, mobile home owner, mobile home tenant, or 718 mobile home occupant is entitled to relief under subsection (2) 719 only once. When a tenant, mobile home owner, mobile home tenant, 720 or mobile home occupant files a motion under subsection (1), he 721 or she must also submit a sworn statement under penalty of 722 perjury affirming that he or she has not previously received 723 such relief from a court in the state. 724 (4) In an eviction proceeding under this part or s. 725 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 30 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 723.061, the court must substitute a defendant's name on the 726 progress docket with "tenant" or "occupant" if a judgment is 727 entered in favor of the defendant. 728 (5) A defendant is not eligible for relief under this 729 section if: 730 (a) During any 12-month period, the defendant has had a 731 judgment entered against him or her in two or more eviction 732 proceedings; or 733 (b) During any 24-month period, the defendant has had a 734 judgment entered against him or her in three or more eviction 735 proceedings. 736 (6) This section applies to any judgment entered before, 737 on, or after July 1, 2024. 738 Section 13. Section 83.63, Florida Statutes, is amended to 739 read: 740 83.63 Casualty damage.—If the premises are damaged or 741 destroyed other than by the wrongful or negligent acts of the 742 tenant so that the enjoyment of the premises is substantially 743 impaired, the tenant may terminate the rental agreement and 744 immediately vacate the premises. The tenant may vacate the part 745 of the premises rendered unusable by the casualty, in which case 746 the tenant's liability for rent shall be reduced by the fair 747 rental value of that part of the premises damaged or destroyed. 748 If the rental agreement is terminated, the landlord shall comply 749 with s. 83.49(4) s. 83.49(3). 750 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 31 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 14. Section 83.67, Florida Statutes, is amended to 751 read: 752 83.67 Prohibited practices.— 753 (1) A landlord of any dwelling unit governed by this part 754 may shall not cause, directly or indirectly, the termination or 755 interruption of any utility service furnished to the tenant, 756 including, but not limited to, water, heat, light, electricity, 757 gas, elevator, garbage collection, or refrigeration, whether or 758 not the utility service is under the control of, or payment is 759 made by, the landlord. 760 (2) A landlord of any dwelling unit governed by this part 761 may shall not prevent the tenant from gaining reasonable access 762 to the dwelling unit by any means, including, but not limited 763 to, changing the locks or using any bootlock or similar device. 764 (3) A landlord of any dwelling unit governed by this part 765 may shall not discriminate against a servicemember in offering a 766 dwelling unit for rent or in any of the terms of the rental 767 agreement. 768 (4) A landlord of any dwelling unit governed by this part 769 may not discriminate against a person in offering a dwelling 770 unit for rent or in any of the terms of the rental agreement 771 based on the person's race; color; religion; sex; pregnancy; 772 national origin; age; physical, mental, or developmental 773 disability; HIV status; familial status; sexual orientation; 774 gender identity; source of income; or credit score. For purposes 775 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 32 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S of this subsection, the term: 776 (a) "Familial status" means the makeup of a person's 777 family, including whether there is a child under the age of 18 778 living with the person or whether the person is seeking custody 779 of a child under the age of 18. 780 (b) "Gender identity" means the identity, appearance, or 781 behavior of a person, regardless of whether such identity, 782 appearance, or behavior is different from that traditionally 783 associated with the person's physiology or assigned sex at 784 birth. 785 (c) "Sexual orientation" means a person's heterosexuality, 786 homosexuality, or bisexuality. 787 (5) A landlord of any dwelling unit governed by this part 788 may not harass or intimidate a tenant for the purpose of 789 coercing the tenant into terminating the rental agreement. 790 (6) A landlord of any dwelling unit governed by this part 791 may not refuse to show the dwelling unit, either in person or 792 through photographs, to a prospective tenant until the 793 prospective tenant signs a rental agreement. 794 (7) Unless otherwise required by law, a landlord of any 795 dwelling unit governed by this part may not inquire into or 796 consider a prospective tenant's criminal history on a rental 797 application or rental agreement. A landlord may inquire into or 798 consider a prospective tenant's criminal history only after the 799 landlord otherwise determines that the prospective tenant 800 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 33 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S otherwise qualifies to rent a dwelling unit. 801 (8) If a landlord requires a prospective tenant to 802 complete a rental application before residing in a dwelling 803 unit, the landlord may not charge an excessive rental 804 application fee. If, after a prospective tenant submits a rental 805 application and application fee, a dwelling unit is not 806 available, the landlord must refund the application fee to the 807 prospective tenant. 808 (9)(4) A landlord may shall not prohibit a tenant from 809 displaying one portable, removable, cloth or plastic United 810 States flag, not larger than 4 and 1/2 feet by 6 feet, in a 811 respectful manner in or on the dwelling unit regardless of any 812 provision in the rental agreement dealing with flags or 813 decorations. The United States flag shall be displayed in 814 accordance with s. 83.52(6). The landlord is not liable for 815 damages caused by a United States flag displayed by a tenant. 816 Any United States flag may not infringe upon the space rented by 817 any other tenant. 818 (10)(5) A landlord of any dwelling unit governed by this 819 part may shall not remove the outside doors, locks, roof, walls, 820 or windows of the unit except for purposes of maintenance, 821 repair, or replacement; and the landlord may shall not remove 822 the tenant's personal property from the dwelling unit unless 823 such action is taken after surrender, abandonment, recovery of 824 possession of the dwelling unit due to the death of the last 825 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 34 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S remaining tenant in accordance with s. 83.59(3)(d), or a lawful 826 eviction. If provided in the rental agreement or a written 827 agreement separate from the rental agreement, upon surrender or 828 abandonment by the tenant, the landlord is not required to 829 comply with s. 715.104 and is not liable or responsible for 830 storage or disposition of the tenant's personal property; if 831 provided in the rental agreement, there must be printed or 832 clearly stamped on such rental agreement a legend in 833 substantially the following form: 834 BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON 835 SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE 836 DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS 837 PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD IS SHALL 838 NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 839 TENANT'S PERSONAL PROPERTY. 840 For the purposes of this section, abandonment is determined 841 shall be as provided set forth in s. 83.59(3)(c). 842 (11)(6) A landlord who violates any provision of this 843 section is shall be liable to the tenant for actual and 844 consequential damages or 3 months' rent, whichever is greater, 845 and costs, including attorney attorney's fees. Subsequent or 846 repeated violations that are not contemporaneous with the 847 initial violation are shall be subject to separate awards of 848 damages. 849 (12)(7) A violation of this section constitutes 850 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 35 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S irreparable harm for the purposes of injunctive relief. 851 (13)(8) The remedies provided by this section are not 852 exclusive and do not preclude the tenant from pursuing any other 853 remedy at law or equity that the tenant may have. The remedies 854 provided by this section shall also apply to a servicemember or 855 person who is a prospective tenant who has been discriminated 856 against under subsection (3) or subsection (4) subsection (3). 857 Section 15. Section 83.675, Florida Statutes, is created 858 to read: 859 83.675 Tenant opportunity to purchase.— 860 (1) For purposes of this section, the term: 861 (a) "Bona fide offer of sale" means an offer for a price, 862 and, including other material terms, that is at least as 863 favorable as what would be accepted by a purchaser in an arm's 864 length third-party contract, that is comparable to that at which 865 a willing seller and a willing buyer would sell and purchase the 866 dwelling unit or the premises on which the dwelling unit is 867 located, or that is the appraised value. 868 (b) "Highest and best use" means the reasonable legal use 869 of a dwelling unit or the premises on which the dwelling unit is 870 located that is physically possible, appropriately supported, 871 and financially feasible and that results in the highest value 872 of the dwelling unit or premises on which the dwelling unit is 873 located. 874 (c) "Matter-of-right" means the appropriate land use, 875 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 36 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S development density, or building requirements of the dwelling 876 unit or the premises on which the dwelling unit is located under 877 zoning regulations and law. 878 (2) Before a landlord may sell a dwelling unit or the 879 premises on which a dwelling unit is located or issue a notice 880 to vacate the dwelling unit or premises for purposes of 881 demolition or discontinuance of housing use, the landlord must 882 give the tenant an opportunity to purchase the dwelling unit or 883 the premises on which the dwelling unit is located at a price 884 and with material terms that represent a bona fide offer of 885 sale. 886 (3) A landlord shall provide the tenant a copy of the 887 offer of sale, in the preferred language of the tenant, by hand 888 delivery, e-mail, and certified mail. A landlord may not retain 889 a percentage of ownership in the dwelling unit or the premises 890 on which the dwelling unit is located in the offer of sale. 891 (4) The sales price contained in the offer of sale may not 892 be more than a price comparable to that at which a willing 893 seller and a willing buyer would sell and purchase the dwelling 894 unit or the premises on which the dwelling unit is located or 895 the appraised value of the dwelling unit or premises. 896 (5) The appraisal value must be based on rights a landlord 897 has as a matter-of-right as of the date of the offer of sale, 898 including any existing right a landlord may have to convert the 899 dwelling unit or the premises on which the dwelling unit is 900 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 37 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S located to another use. The appraisal value may take into 901 consideration the highest and best use of the dwelling unit or 902 premises. 903 (6) A tenant may challenge an offer of sale as not being a 904 bona fide offer of sale and request a determination of the 905 appraised value by an independent licensed appraiser, as defined 906 in s. 475.611, at the expense of the tenant, by providing 907 written notice to the landlord and the Division of Consumer 908 Services within the Department of Agriculture and Consumer 909 Services by hand delivery, electronic transmission, or certified 910 mail within 30 days after receipt of the offer of sale. 911 (7) The landlord has the burden of proof to establish that 912 an offer of sale under this section is a bona fide offer of 913 sale. 914 Section 16. Section 83.676, Florida Statutes, is created 915 to read: 916 83.676 Early termination of rental agreement by a victim 917 of domestic violence, dating violence, sexual violence, or 918 stalking; lock changing.— 919 (1) As used in this section, the term: 920 (a) "Dating violence" has the same meaning as in s. 921 784.046. 922 (b) "Domestic violence" has the same meaning as in s. 923 741.28. 924 (c) "Sexual violence" has the same meaning as in s. 925 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 38 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 784.046. 926 (d) "Stalking," as described in s. 784.048(2), means 927 willfully, maliciously, and repeatedly following, harassing, or 928 cyberstalking another person. 929 (2) A landlord may not terminate a rental agreement or 930 evict a tenant for an incident involving actual or threatened 931 domestic violence, dating violence, sexual violence, or stalking 932 if the tenant or the tenant's minor child is the victim of such 933 actual or threatened violence or stalking. A rental agreement 934 may not include a provision deeming that early termination of a 935 rental agreement because of an incident involving actual or 936 threatened domestic violence, dating violence, sexual violence, 937 or stalking, in which the tenant or the tenant's minor child is 938 a victim and not the perpetrator, is a breach of the rental 939 agreement. 940 (3)(a) If a tenant or a tenant's minor child is a victim 941 of actual or threatened domestic violence, dating violence, 942 sexual violence, or stalking during the term of a rental 943 agreement, the tenant may, without penalty, terminate the rental 944 agreement at any time by providing the landlord with written 945 notice of the tenant's intent to terminate the rental agreement 946 and to vacate the premises because of such incident. The 947 termination of the rental agreement is effective immediately 948 upon delivery of the written notice and documentation specified 949 in paragraph (b), if applicable, to the landlord. 950 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 39 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (b) Unless the landlord notifies the tenant that 951 documentation is not needed, a notice of termination from the 952 tenant required under paragraph (a) must be accompanied by 953 documentation verifying the tenant's or the tenant's minor 954 child's status as a victim of actual or threatened domestic 955 violence, dating violence, sexual violence, or stalking and may 956 include: 957 1. A copy of an injunction for protection against domestic 958 violence, dating violence, sexual violence, or stalking issued 959 to the tenant as the victim or as parent of a minor victim; 960 2. A copy of an order of no contact or a criminal 961 conviction entered by a court in a criminal case in which the 962 defendant was charged with a crime relating to domestic 963 violence, dating violence, sexual violence, or stalking against 964 the tenant or the tenant's minor child; 965 3. A written verification from a domestic violence center 966 certified under chapter 39 or a rape crisis center as defined in 967 s. 794.055(2) which states that the tenant or the tenant's minor 968 child is a victim of actual or threatened domestic violence, 969 dating violence, sexual violence, or stalking; or 970 4. A copy of a law enforcement report documenting an 971 incident of actual or threatened domestic violence, dating 972 violence, sexual violence, or stalking against the tenant or the 973 tenant's minor child. 974 (c) A notice of termination from the tenant required under 975 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 40 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S paragraph (a) must be provided by certified mail or hand 976 delivery to the landlord, a person authorized to receive notices 977 on behalf of the landlord under s. 83.50, a resident manager, or 978 the person or entity that collects the rent on behalf of the 979 landlord. 980 (d) If a rental agreement with a specific duration is 981 terminated by a tenant under this subsection less than 30 days 982 before the end of the rental agreement, the tenant is liable for 983 the rent for the remaining period of the rental agreement. If a 984 rental agreement with a specific duration is terminated by a 985 tenant under this subsection 30 or more days before the end of 986 the rental agreement, the tenant is liable for prorated rent for 987 a period of 30 days immediately following delivery of the notice 988 of termination. After compliance with this paragraph, the tenant 989 is released from any further obligation to pay rent, 990 concessions, damages, fees, or penalties, and the landlord is 991 not entitled to the remedies provided in s. 83.595. 992 (e) If a rental agreement is terminated by a tenant under 993 this subsection, the landlord must comply with s. 83.49(3). A 994 tenant who terminates a rental agreement under this subsection 995 does not forfeit any deposit money or advance rent paid to the 996 landlord. 997 (f) This subsection does not affect a tenant's liability 998 for unpaid rent or other amounts owed to the landlord before the 999 termination of the rental agreement under this subsection. 1000 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 41 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (g) If the perpetrator of actual or threatened domestic 1001 violence, dating violence, sexual violence, or stalking is also 1002 a tenant under the same rental agreement as the tenant who is a 1003 victim, or whose minor child is a victim, of such actual or 1004 threatened violence or stalking, neither the perpetrator's 1005 liability for rent nor his or her other obligations under the 1006 rental agreement are terminated under this subsection, and the 1007 landlord is entitled to the rights and remedies provided by this 1008 part against the perpetrator. 1009 (4)(a) A tenant or a tenant's minor child who is a victim 1010 of actual or threatened domestic violence, dating violence, 1011 sexual violence, or stalking and who wishes to remain in the 1012 dwelling unit may make a written request to the landlord 1013 accompanied by any one of the documents listed in paragraph 1014 (3)(b), and the landlord shall, within 24 hours after receipt of 1015 the request, change the locks of the tenant's dwelling unit and 1016 provide the tenant with a key to the new locks. 1017 (b) If the landlord fails to change the locks within 24 1018 hours, the tenant may change the locks without the landlord's 1019 permission, notwithstanding any contrary provision in the rental 1020 agreement or other applicable rules or regulations imposed by 1021 the landlord, if all of the following conditions have been met: 1022 1. The locks are changed in like manner as if the landlord 1023 had changed the locks, with locks of similar or better quality 1024 than the original locks. 1025 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 42 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 2. The landlord is notified within 24 hours after the 1026 changing of the locks. 1027 3. The landlord is provided a key to the new locks within 1028 a reasonable time. 1029 (c) If the locks are changed under this subsection, the 1030 landlord is not liable to any person who does not have access to 1031 the dwelling unit. 1032 (5) A landlord may not refuse to enter into a rental 1033 agreement for a dwelling unit, refuse to negotiate for the 1034 rental of a dwelling unit, make a dwelling unit unavailable, or 1035 retaliate in the rental of a dwelling unit because: 1036 (a) The tenant, prospective tenant, or minor child of the 1037 tenant or prospective tenant is a victim of actual or threatened 1038 domestic violence, dating violence, sexual violence, or 1039 stalking; or 1040 (b) The tenant or prospective tenant has previously 1041 terminated a rental agreement because of an incident involving 1042 actual or threatened domestic violence, dating violence, sexual 1043 violence, or stalking in which the tenant, prospective tenant, 1044 or minor child of the tenant or prospective tenant was a victim. 1045 1046 However, the landlord may refuse to enter into a rental 1047 agreement, negotiate for the rental of a dwelling unit, or make 1048 a dwelling unit available if the tenant or prospective tenant 1049 fails to comply with the landlord's request for documentation of 1050 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 43 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S an incident of actual or threatened domestic violence, dating 1051 violence, sexual violence, or stalking that occurred before 1052 termination of a prior rental agreement. A landlord's request 1053 for documentation is satisfied upon the tenant's or prospective 1054 tenant's provision of any one of the documents listed in 1055 paragraph (3)(b). 1056 (6) All information provided to a landlord under 1057 subsections (3), (4), and (5), including the fact that a tenant, 1058 prospective tenant, or a tenant's or prospective tenant's minor 1059 child is a victim of actual or threatened domestic violence, 1060 dating violence, sexual violence, or stalking, and including the 1061 tenant's forwarding address, is confidential. The landlord may 1062 not enter such information into any shared database or provide 1063 the information to any other person or entity, except to the 1064 extent such disclosure is: 1065 (a) Made to a person specified in paragraph (3)(c) solely 1066 for a legitimate business purpose; 1067 (b) Requested, or consented to, in writing by the tenant 1068 or the tenant's legal guardian; 1069 (c) Required for use in a judicial proceeding; or 1070 (d) Otherwise required by law. 1071 (7) A tenant or prospective tenant, on his or her own 1072 behalf or on behalf of his or her minor child, may file a civil 1073 action against a landlord for a violation of this section. A 1074 landlord who violates subsection (5) or subsection (6) is 1075 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 44 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S civilly liable to the victim for $1,000 for punitive damages, 1076 actual and consequential damages, and court costs, including 1077 reasonable attorney fees, unless the landlord can show that this 1078 was the landlord's first violation and the violation was not 1079 committed in bad faith. Subsequent or repeated violations that 1080 are not contemporaneous with the initial violation are subject 1081 to separate awards of damages. 1082 (8) The provisions of this section may not be waived or 1083 modified by a rental agreement. 1084 Section 17. Subsection (14) is added to section 163.31801, 1085 Florida Statutes, to read: 1086 163.31801 Impact fees; short title; intent; minimum 1087 requirements; audits; challenges.— 1088 (14) A local government may adopt by ordinance or a 1089 special district may adopt by resolution an impact fee that is 1090 charged to a developer when residents are displaced from their 1091 homes due to gentrification by the developer. The revenue 1092 generated from the impact fee must be used for affordable 1093 housing in the county, municipality, or special district that 1094 adopted such impact fee. 1095 Section 18. Subsection (1) of section 196.061, Florida 1096 Statutes, is amended to read: 1097 196.061 Rental of homestead to constitute abandonment.— 1098 (1)(a) Except as provided in paragraph (b), the rental of 1099 all or substantially all of a dwelling previously claimed to be 1100 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 45 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S a homestead for tax purposes shall constitute the abandonment of 1101 such dwelling as a homestead, and the abandonment continues 1102 until the dwelling is physically occupied by the owner. However, 1103 such abandonment of the homestead after January 1 of any year 1104 does not affect the homestead exemption for tax purposes for 1105 that particular year unless the property is rented for more than 1106 30 days per calendar year for 2 consecutive years. 1107 (b) The rental of any portion of a dwelling previously 1108 claimed to be a homestead for tax purposes shall not constitute 1109 abandonment if the owner resides on the property. 1110 Section 19. Section 201.025, Florida Statutes, is created 1111 to read: 1112 201.025 Tax on deeds relating to residential property 1113 purchased by private equity firms.— 1114 (1) When a deed, an instrument, or other writing for a 1115 residential single-family dwelling, a manufactured home, or an 1116 apartment complex is granted, assigned, transferred, or 1117 otherwise conveyed to a purchaser who is a private equity firm 1118 or corporation that has at least $20 million in assets, the tax 1119 is $100 on each $100 of the consideration. 1120 (2) All documentary stamp tax revenues generated under 1121 this section must be deposited into the Florida Affordable 1122 Housing Trust Fund. 1123 (3) Taxes imposed by this section do not apply to an 1124 assignment, a deed, a transfer, a conveyance, or other 1125 HB 985 2024 CODING: Words stricken are deletions; words underlined are additions. hb0985-00 Page 46 of 46 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S disposition, which arises out of a transfer of real property if 1126 the purchaser is: 1127 (a) A nonprofit organization as defined in s. 201.02(6). 1128 (b) A government entity as defined in s. 768.295(2). 1129 (c) A person purchasing such real property pursuant to a 1130 government program to provide housing to low-income persons as 1131 defined in s. 420.0004(11). 1132 Section 20. This act shall take effect July 1, 2024. 1133