Florida Senate - 2024 SB 1244 By Senator Torres 25-01482-24 20241244__ Page 1 of 41 CODING: Words stricken are deletions; words underlined are additions. 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 to be appointed by the Governor and 6 confirmed by the Senate; providing duties of the 7 secretary; providing the purpose of the department; 8 requiring that a report on the implementation of an 9 empty homes tax be provided to the Governor and 10 Legislature by a specified date; providing government 11 reorganization for certain chapters of law; amending 12 s. 83.43, F.S.; revising

definitions; creating s. 13 83.455, F.S.; providing requirements for rental 14 agreements; requiring landlords to provide certain 15 information with rental agreements; amending s. 83.46, 16 F.S.; requiring that a landlord provide written notice 17 of a rent increase to a tenant by a specified time; 18 requiring such notice to include an option for 19 mediation under certain circumstances; amending s. 20 83.47, F.S.; providing that certain provisions in a 21 rental agreement are void and unenforceable; amending 22 s. 83.49, F.S.; prohibiting landlords from charging 23 tenants a security deposit that is more than 1 month’s 24 rent; requiring landlords to allow tenants to pay 25 security deposits in monthly increments; providing 26 requirements for security deposits when rental 27 agreements are terminated early; removing the option 28 for a landlord to deposit certain money into a non-29

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 2 of 41 CODING: Words stricken are deletions; words underlined are additions. interest-bearing account; revising written notice 30 requirements to tenants; providing for damages if a 31 landlord fails to meet certain requirements; amending 32 s. 83.51, F.S.; requiring a landlord to inspect a 33 dwelling unit at a specified time to ensure compliance 34 with applicable codes; amending s. 83.54, F.S.; 35 requiring certain records be removed from a tenant’s 36 credit report under certain circumstances; amending s. 37 83.56, F.S.; revising and specifying grounds for 38 termination of a rental agreement; requiring landlords 39 to provide certain tenants a specified amount of time 40 to vacate the premises after delivery of a notice to 41 terminate the rental agreement before bringing a 42 specified action; providing requirements for certain 43 notices of intent to terminate a rental agreement; 44 conforming provisions to changes made by the act; 45 conforming a cross-reference; amending s. 83.60, F.S.; 46 removing a requirement that certain money be paid into 47 the registry of the court; creating s. 83.626, F.S.; 48 authorizing tenants, mobile home owners, mobile home 49 tenants, or mobile home occupants who are defendants 50 in certain eviction proceedings to file a motion with 51 the court to have the records of such proceedings 52 sealed and to have their names substituted on the 53 progress docket under certain conditions; providing 54 applicability; requiring the court to grant such 55 motions if certain requirements are met; providing 56 that such relief be granted only once; requiring 57 tenants, mobile home owners, mobile home tenants, or 58

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 3 of 41 CODING: Words stricken are deletions; words underlined are additions. mobile home occupants to submit a specified sworn 59 statement under penalty of perjury with their motion; 60 requiring the court to substitute a defendant’s name 61 on the progress docket if a judgment is entered in 62 favor of the defendant; providing exceptions; 63 providing retroactive applicability; amending s. 64 83.63, F.S.; conforming a cross-reference; amending s. 65 83.67, F.S.; prohibiting a landlord from engaging in 66 certain conduct; providing

definitions; conforming a 67 cross-reference to changes made by the act; creating 68 s. 83.675, F.S.; providing

definitions; requiring a 69 landlord to give tenants the opportunity to purchase 70 the dwelling unit or premises under certain 71 circumstances; providing requirements for an offer of 72 sale; authorizing a tenant to challenge an offer of 73 sale; providing a burden of proof for landlords; 74 creating s. 83.676, F.S.; providing

definitions; 75 prohibiting a landlord from evicting a tenant or 76 terminating a rental agreement because the tenant or 77 the tenant’s minor child is a victim of actual or 78 threatened domestic violence, dating violence, sexual 79 violence, or stalking; specifying that a rental 80 agreement may not contain certain provisions; 81 authorizing a victim of such actual or threatened 82 violence or stalking to terminate a rental agreement 83 under certain circumstances; requiring certain 84 documentation and written notice to the landlord; 85 providing for liability for rent for both the tenant 86 and the perpetrator, if applicable; specifying that a 87

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 4 of 41 CODING: Words stricken are deletions; words underlined are additions. tenant does not forfeit certain money paid to the 88 landlord for terminating the rental agreement under 89 certain circumstances; requiring a landlord to change 90 the locks of the dwelling unit within a specified time 91 period under certain circumstances; authorizing the 92 tenant to change the locks of the dwelling unit under 93 certain circumstances; prohibiting certain actions by 94 a landlord under certain circumstances; authorizing 95 filing of a civil action and an award of damages, 96 fees, and costs under certain circumstances; 97 prohibiting the waiver of certain provisions; amending 98 s. 83.681, F.S.; conforming a cross-reference; 99 amending s. 163.31801, F.S.; authorizing local 100 governments and special districts to adopt a specified 101 impact fee; requiring that the revenue generated from 102 such impact fee be used for a specified purpose; 103 amending s. 196.061, F.S.; providing that rental of 104 certain homestead property does not constitute 105 abandonment in specified circumstances; creating s. 106 201.025, F.S.; providing the amount of documentary 107 stamp tax imposed on purchases of certain property by 108 certain entities; requiring revenue generated by such 109 tax to be deposited into the Florida Affordable 110 Housing Trust Fund; providing exceptions; providing an 111 effective date. 112 113 Be It Enacted by the Legislature of the State of Florida: 114 115

Section 1. This act shall be cited as the “Keep Floridians 116

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 5 of 41 CODING: Words stricken are deletions; words underlined are additions. Housed Act.” 117

Section

Section 20.71, Florida Statutes, is created to 118 read: 119 20.71 Department of Housing and Tenant Rights.— 120

(1) There is created the Department of Housing and Tenant 121 Rights. 122

(2) The head of the department is the secretary, who shall 123 be appointed by the Governor, subject to confirmation by the 124 Senate. The secretary shall serve at the pleasure of and report 125 to the Governor. The secretary may appoint deputy and assistant 126 secretaries as necessary to aid the secretary in fulfilling his 127 or her statutory obligations. The secretary may create offices 128 or divisions within the department to promote efficient and 129 effective operation of the department. 130

(3) The purpose of the department is to assist the Governor 131 in working with the Legislature, state agencies, and other 132 interested entities to formulate and implement coherent and 133 consistent policies and strategies designed to combat affordable 134 housing and homelessness issues in the state; assist with 135 housing and urban development; and perpetuate amicable landlord-136 tenant relationships. 137

(4) The department shall, by January 1, 2025, conduct 138 research and submit a report to the Governor, the President of 139 the Senate, and the Speaker of the House of Representatives on a 140 cost-benefit analysis of implementing an empty homes tax. 141

(5) The department shall take over the role of state 142 government from other departments that currently administer 143

chapter 83 and chapters 419-423. 144

Section 3. Subsections (11) and (16) of

section 83.43, 145

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 6 of 41 CODING: Words stricken are deletions; words underlined are additions. Florida Statutes, are amended to read: 146 83.43

Definitions.—As used in this part, the following 147 words and terms shall have the following meanings unless some 148 other meaning is plainly indicated: 149 (11) “Rent” means the periodic payments due the landlord 150 from the tenant for occupancy under a rental agreement and any 151 other payments due the landlord from the tenant as may be 152 designated as rent in a written rental agreement.

The term does 153 not include deposit money, security deposits, late fees, early 154 termination fees, liquidated damages, or any other charge or fee 155 even if the charge or fee is designated as rent in a written 156 rental agreement. 157 (16) “Tenant” means any person entitled to occupy a 158 dwelling unit or property held out for the use of tenants 159 generally under a rental agreement. 160

Section

Section 83.455, Florida Statutes, is created to 161 read: 162 83.455 Rental agreements.— 163

(1) Immediately after entering into, extending, or renewing 164 a rental agreement, the tenant must be provided a copy of the 165 rental agreement. The rental agreement must be written in plain 166 language and, at the tenant’s request, translated into the 167 preferred language of the tenant. 168

(2) Notwithstanding any other provision of law, all rental 169 agreements entered into, extended, or renewed on or after July 170 1, 2024, must include the following provisions: 171 (

a) Before a private sale or transfer of title of the 172 dwelling unit or the premises on which the dwelling unit is 173 located, the landlord must provide the tenant with the right of 174

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 7 of 41 CODING: Words stricken are deletions; words underlined are additions. first refusal to purchase the dwelling unit or premises as 175 provided under s. 83.675. 176 (

b) If a landlord chooses not to extend or renew a rental 177 agreement, he or she must provide the tenant 60 days’ notice of 178 his or her decision and provide a written explanation for such 179 decision. 180 (

c) If a rental agreement provision authorizes termination 181 of the rental agreement by the landlord without cause, such 182 provision must require the landlord to provide the tenant just 183 compensation and comprehensive relocation assistance. 184 (

d) A landlord may not terminate a tenancy for cause during 185 a state of emergency declared by the Governor under

chapter 252. 186 (

e) During a state of emergency declared by the Governor 187 under

chapter 252, a tenant may install wind resistance 188 improvements, as defined in s. 163.08(2)(b)3., to the dwelling 189 unit at the tenant’s expense. 190 (

f) A landlord may not terminate a tenancy because a tenant 191 establishes, attempts to establish, or participates in a tenant 192 organization. 193

Section 5. Subsection (4) is added to

section 83.46, 194 Florida Statutes, to read: 195 83.46 Rent; duration of tenancies.— 196

(4) A landlord must provide to a tenant a written notice, 197 by certified mail or hand delivery, of a planned rent increase 198 at least 60 days before the rental agreement renewal period. If 199 the rent increase is more than 5 percent, the landlord must 200 provide notice, by certified mail or hand delivery, at least 3 201 months before the rental agreement renewal period. If the rent 202 increase is more than 5 percent, the notice must also contain a 203

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 8 of 41 CODING: Words stricken are deletions; words underlined are additions. statement that the tenant may elect to participate in nonbinding 204 mediation, at the expense of the tenant, by providing written 205 notice to the landlord, by certified mail or hand delivery, 206 within 14 days after receipt of the notice of the rent increase. 207 For a tenancy without a specific duration, the landlord must 208 provide written notice, by certified mail or hand delivery, of a 209 planned rent increase within the timeframes provided in s. 210 83.57. 211

Section 6. Paragraph (

c) is added to subsection (1) of 212

section 83.47, Florida Statutes, to read: 213 83.47 Prohibited provisions in rental agreements.— 214

(1) A provision in a rental agreement is void and 215 unenforceable to the extent that it: 216 (

c) Purports that early termination of a rental agreement 217 because of an incident involving actual or threatened domestic 218 violence, dating violence, sexual violence, or stalking, in 219 which the tenant or the tenant’s minor child is a victim and not 220 the perpetrator, is a breach of the rental agreement. 221

Section 7. Present subsections (1) through (9) of

section 222 83.49, Florida Statutes, are redesignated as subsections (2) 223 through (10), respectively, a new subsection (1) is added to 224 that section, and present subsections (1) through (5), (7), and 225 (9) of that

section are amended, to read: 226 83.49 Deposit money or advance rent; duty of landlord and 227 tenant.— 228 (1)(

a) A landlord may not charge a tenant a security 229 deposit that is more than 1 month’s rent. 230 (

b) The landlord must allow the tenant, in his or her 231 discretion, to pay the total amount of the security deposit in 232

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 9 of 41 CODING: Words stricken are deletions; words underlined are additions. 12 equal payments to be paid at the same time and in the same 233 manner as the tenant’s rent. If the duration of the rental 234 agreement is less than 1 year, the total amount of the deposit 235 must be paid in equal monthly payments based on the duration of 236 the tenancy and be paid at the same time and in the same manner 237 as the tenant’s rent. 238 (

c) If a tenant pays his or her security deposit according 239 to paragraph (b), when the rental agreement is terminated or the 240 tenant vacates or abandons the premises before the expiration of 241 the term specified in the rental agreement, the tenant is 242 entitled to a refund equivalent to the amount of the security 243 deposit that he or she already paid, minus any deductions 244 properly claimed by the landlord under subsection (4) for 245 damages. 246 (2)

(1) Whenever money is deposited or advanced by a tenant 247 on a rental agreement as security for performance of the rental 248 agreement or as advance rent for other than the next immediate 249 rental period, the landlord or the landlord’s agent shall 250 either: 251 (

a) Hold the total amount of such money in a separate non-252 interest-bearing account in a Florida banking institution for 253 the benefit of the tenant or tenants. The landlord shall not 254 commingle such moneys with any other funds of the landlord or 255 hypothecate, pledge, or in any other way make use of such moneys 256 until such moneys are actually due the landlord; 257 (a)(

b) Hold the total amount of such money in a separate 258 interest-bearing account in a Florida banking institution for 259 the benefit of the tenant or tenants, in which case the tenant 260 shall receive and collect interest in an amount of at least 75 261

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 10 of 41 CODING: Words stricken are deletions; words underlined are additions. percent of the annualized average interest rate payable on such 262 account or interest at the rate of 5 percent per year, simple 263 interest, whichever the landlord elects. The landlord shall not 264 commingle such moneys with any other funds of the landlord or 265 hypothecate, pledge, or in any other way make use of such moneys 266 until such moneys are actually due the landlord; or 267 (b)(

c) Post a surety bond, executed by the landlord as 268 principal and a surety company authorized and licensed to do 269 business in the state as surety, with the clerk of the circuit 270 court in the county in which the dwelling unit is located in the 271 total amount of the security deposits and advance rent he or she 272 holds on behalf of the tenants or $50,000, whichever is less. 273 The bond shall be conditioned upon the faithful compliance of 274 the landlord with the provisions of this

section and shall run 275 to the Governor for the benefit of any tenant injured by the 276 landlord’s violation of the provisions of this section. In 277 addition to posting the surety bond, the landlord shall pay to 278 the tenant interest at the rate of 5 percent per year, simple 279 interest.

A landlord, or the landlord’s agent, engaged in the 280 renting of dwelling units in five or more counties, who holds 281 deposit moneys or advance rent and who is otherwise subject to 282 the provisions of this section, may, in lieu of posting a surety 283 bond in each county, elect to post a surety bond in the form and 284 manner provided in this paragraph with the office of the 285 Secretary of State. The bond shall be in the total amount of the 286 security deposit or advance rent held on behalf of tenants or in 287 the amount of $250,000, whichever is less.

The bond shall be 288 conditioned upon the faithful compliance of the landlord with 289 the provisions of this

section and shall run to the Governor for 290

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 11 of 41 CODING: Words stricken are deletions; words underlined are additions. the benefit of any tenant injured by the landlord’s violation of 291 this section. In addition to posting a surety bond, the landlord 292 shall pay to the tenant interest on the security deposit or 293 advance rent held on behalf of that tenant at the rate of 5 294 percent per year simple interest. 295 (3)

(2) The landlord shall, in the rental lease agreement or 296 within 30 days after receipt of advance rent or a security 297 deposit, give written notice to the tenant which includes 298 disclosure of the advance rent or security deposit. Subsequent 299 to providing such written notice, if the landlord changes the 300 manner or location in which he or she is holding the advance 301 rent or security deposit, he or she must notify the tenant 302 within 30 days after the change as provided in paragraphs (a)-303 (d).

The landlord is not required to give new or additional 304 notice solely because the depository has merged with another 305 financial institution, changed its name, or transferred 306 ownership to a different financial institution. This subsection 307 does not apply to any landlord who rents fewer than five 308 individual dwelling units. Failure to give this notice is not a 309 defense to the payment of rent when due. The written notice 310 must: 311 (

a) Be given in person or by mail to the tenant. 312 (

b) State the name and address of the depository where the 313 advance rent or security deposit is being held or state that the 314 landlord has posted a surety bond as provided by law. 315 (

c) State that whether the tenant is entitled to interest 316 on the deposit and the amount of the interest. 317 (

d) Contain the following disclosure: 318 319

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 12 of 41 CODING: Words stricken are deletions; words underlined are additions. YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF 320 CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE 321 RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND 322 WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE 323 LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN 324 SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD 325 MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE 326 OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM 327 AGAINST THE DEPOSIT.

IF YOU DO NOT REPLY TO THE 328 LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 329 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE 330 LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE 331 REMAINING DEPOSIT, IF ANY. 332 333 IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE 334 LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A 335 LAWSUIT AGAINST YOU FOR DAMAGES.

IF YOU FAIL TO TIMELY 336 OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE 337 DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A 338 REFUND. 339 340 YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE 341 BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE 342 FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND 343 ATTORNEY FEES PAYABLE BY THE LOSING PARTY. 344 345 THIS DISCLOSURE IS BASIC. PLEASE REFER TO

PART II OF 346

CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL 347 RIGHTS AND OBLIGATIONS. 348

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 13 of 41 CODING: Words stricken are deletions; words underlined are additions. 349 (4)

(3) The landlord or the landlord’s agent may disburse 350 advance rents from the deposit account to the landlord’s benefit 351 when the advance rental period commences and without notice to 352 the tenant. For all other deposits: 353 (

a) Upon the vacating of the premises for termination of 354 the rental agreement lease, if the landlord does not intend to 355 impose a claim on the security deposit, the landlord must shall 356 have 15 days to return the security deposit together with 357 interest within 30 days after the tenant vacates the premises. 358 if otherwise required, or The landlord has shall have 30 days 359 after the tenant vacates the premises to give the tenant written 360 notice by certified mail to the tenant’s last known mailing 361 address of his or her intention to impose a claim on the deposit 362 and the reason for imposing the claim.

The notice must shall 363 contain a statement in substantially the following form: 364 365 This is a notice of my intention to impose a claim for 366 damages in the amount of .... upon your security deposit, due to 367 ..... It is sent to you as required by s. 83.49(4) s. 83.49(3), 368 Florida Statutes. You are hereby notified that you must object 369 in writing to this deduction from your security deposit within 370 15 days after from the time you receive this notice or I will be 371 authorized to deduct my claim from your security deposit.

Your 372 objection must be sent to ...(landlord’s address).... 373 374 If the landlord fails to give the required notice within the 30-375 day period, he or she forfeits the right to impose a claim upon 376 the security deposit and may not seek a setoff against the 377

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 14 of 41 CODING: Words stricken are deletions; words underlined are additions. deposit but may file an action for damages after return of the 378 deposit. 379 (

b) Unless the tenant objects to the imposition of the 380 landlord’s claim or the amount thereof within 15 days after 381 receipt of the landlord’s notice of intention to impose a claim, 382 the landlord may then deduct the amount of his or her claim and 383 must shall remit the balance of the deposit and any interest to 384 the tenant within 30 days after the date of the notice of 385 intention to impose a claim for damages. The failure of the 386 tenant to make a timely objection does not waive any rights of 387 the tenant to seek damages in a separate action. 388 (

c) If either party institutes an action in a court of 389 competent jurisdiction to adjudicate the party’s right to the 390 security deposit, the prevailing party is entitled to receive 391 his or her court costs plus a reasonable fee for his or her 392 attorney. If a court finds that the landlord failed to meet the 393 requirements of this section, the court must award the tenant 394 damages equal to three times the amount of the tenant’s security 395 deposit. The court shall advance the cause on the calendar. 396 (

d) Compliance with this

section by an individual or 397 business entity authorized to conduct business in this state, 398 including Florida-licensed real estate brokers and sales 399 associates, constitutes compliance with all other relevant 400 Florida Statutes pertaining to security deposits held pursuant 401 to a rental agreement or other landlord-tenant relationship. 402 Enforcement personnel shall look solely to this

section to 403 determine compliance. This

section prevails over any conflicting 404 provisions in

chapter 475 and in other sections of the Florida 405 Statutes, and operates shall operate to permit licensed real 406

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 15 of 41 CODING: Words stricken are deletions; words underlined are additions. estate brokers to disburse security deposits and deposit money 407 without having to comply with the notice and settlement 408 procedures contained in s. 475.25(1)(d). 409 (5)

(4) The provisions of This

section does do not apply to 410 transient rentals by hotels or motels as defined in

chapter 509 411 or; nor do they apply in those instances in which the amount of 412 rent or deposit, or both, is regulated by law or by rules or 413 regulations of a public body, including public housing 414 authorities and federally administered or regulated housing 415 programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 416 of the National Housing Act, as amended, other than for rent 417 stabilization. With the exception of subsections (4), (6), and 418 (7) (3), (5), and (6), this

section is not applicable to housing 419 authorities or public housing agencies created pursuant to 420

chapter 421 or other statutes. 421 (6)

(5) Except when otherwise provided by the terms of a 422 written rental agreement lease, any tenant who vacates or 423 abandons the premises before prior to the expiration of the term 424 specified in the written rental agreement lease, or any tenant 425 who vacates or abandons premises which are the subject of a 426 tenancy from week to week, month to month, quarter to quarter, 427 or year to year, must shall give at least 7 days’ written 428 notice, which notice must include the address where the tenant 429 may be reached, by certified mail or personal delivery to the 430 landlord before prior to vacating or abandoning the premises 431 which notice shall include the address where the tenant may be 432 reached.

Failure to give such notice relieves shall relieve the 433 landlord of the notice requirement of paragraph (4)(a) (3)(a) 434 but does shall not waive any right the tenant may have to the 435

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 16 of 41 CODING: Words stricken are deletions; words underlined are additions. security deposit or any part of it. 436 (8)

(7) Upon the sale or transfer of title of the rental 437 property from one owner to another, or upon a change in the 438 designated rental agent, any and all security deposits or 439 advance rents being held for the benefit of the tenants must 440 shall be transferred to the new owner or agent, together with 441 any earned interest and with an accurate accounting showing the 442 amounts to be credited to each tenant account.

Upon the transfer 443 of such funds and records to the new owner or agent, and upon 444 transmittal of a written receipt therefor, the transferor is 445 free from the obligation imposed in subsection (2) (1) to hold 446 such moneys on behalf of the tenant. There is a rebuttable 447 presumption that any new owner or agent received the security 448 deposit from the previous owner or agent; however, this 449 presumption is limited to 1 month’s rent. This subsection does 450 not excuse the landlord or agent for a violation of other 451 provisions of this

section while in possession of such deposits. 452 (10)

(9) In those cases in which interest is required to be 453 paid to the tenant, The landlord shall pay directly to the 454 tenant, or credit against the current month’s rent, the interest 455 due to the tenant at least once annually. However, no interest 456 may not be paid to shall be due a tenant who wrongfully 457 terminates his or her tenancy before prior to the end of the 458 rental term. 459

Section 8. Paragraph (

a) of subsection (1) of

section 460 83.51, Florida Statutes, is amended to read: 461 83.51 Landlord’s obligation to maintain premises.— 462

(1) The landlord at all times during the tenancy shall: 463 (

a) Comply with the requirements of applicable building, 464

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 17 of 41 CODING: Words stricken are deletions; words underlined are additions. housing, and health codes. The landlord, at commencement of the 465 tenancy, must inspect the dwelling unit to ensure compliance 466 with all applicable codes; or 467 (

b) Where there are no applicable building, housing, or 468 health codes, maintain the roofs, windows, doors, floors, steps, 469 porches, exterior walls, foundations, and all other structural 470 components in good repair and capable of resisting normal forces 471 and loads and the plumbing in reasonable working condition. The 472 landlord, at commencement of the tenancy, must ensure that 473 screens are installed in a reasonable condition.

Thereafter, the 474 landlord must repair damage to screens once annually, when 475 necessary, until termination of the rental agreement. 476 477 The landlord is not required to maintain a mobile home or other 478 structure owned by the tenant. The landlord’s obligations under 479 this subsection may be altered or modified in writing with 480 respect to a single-family home or duplex. 481

Section

Section 83.54, Florida Statutes, is amended to 482 read: 483 83.54 Enforcement of rights and duties; civil action; 484 criminal offenses.—Any right or duty declared in this

part is 485 enforceable by civil action. A right or duty enforced by civil 486 action under this

section does not preclude prosecution for a 487 criminal offense related to the rental agreement or rented 488 dwelling unit or premises lease or leased property. In an action 489 brought by a tenant for wrongful termination of a rental 490 agreement, if the court finds in favor of the tenant, any 491 eviction complaint filed by the landlord must be dismissed and 492 the record of such filing removed from the tenant’s credit 493

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 18 of 41 CODING: Words stricken are deletions; words underlined are additions. report. 494

Section 10. Present subsections (5) and (6) of

section 495 83.56, Florida Statutes, are redesignated as subsections (6) and 496 (7), respectively, a new subsection (5) and subsection (8) are 497 added to that section, and subsections (2), (3), and (4), 498 paragraph (

b) of present subsection (5), and present subsection 499 (6) of that

section are amended, to read: 500 83.56 Termination of rental agreement.— 501 (2)(

a) A landlord must have good cause to terminate a 502 rental agreement. The following reasons constitute good cause 503 allowing for termination of a rental agreement: 504 1. The destruction, damage, or misuse of the landlord’s or 505 other tenants’ property by intentional act. 506 2. A tenant’s disorderly conduct or continued unreasonable 507 disturbance. 508 3. Failure of the tenant to comply with s. 83.52. 509 4. A violation or breach of the landlord’s reasonable rules 510 and regulations. 511 5. A violation or breach of covenants or agreements 512 contained in the rental agreement. 513 6.

Use of the dwelling unit or premises for illegal 514 purposes or acts that the tenant has been criminally charged 515 with, including, but not limited to, the manufacture, sale, or 516 use of illegal drugs, theft of property, or assault or threats 517 on the landlord or his or her relatives, as defined in s. 518 494.001, or employees. 519 7. The dwelling unit or premises are removed from the 520 rental market because the state, any political subdivision as 521 defined in s. 1.01(8), or other entity exercises its power of 522

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 19 of 41 CODING: Words stricken are deletions; words underlined are additions. eminent domain, the landlord seeks in good faith to permanently 523 remove the property from the rental market, or the landlord is 524 converting the dwelling unit or premises from the rental market 525 to a condominium, cooperative, or fee simple ownership. 526 8. The dwelling unit or premises are being used as an 527 incident of employment and such employment is terminated. 528 9.

The landlord seeks in good faith to recover possession 529 of the dwelling unit or premises for his or her own use and 530 occupancy as a principal residence, or for the use and occupancy 531 as a principal residence by a relative, as defined in s. 532 494.001, of the landlord. 533 (

b) If any of the violations in subparagraphs (a)1.-6. 534 exist the tenant materially fails to comply with s. 83.52 or 535 material provisions of the rental agreement, other than a 536 failure to pay rent, or reasonable rules or regulations, the 537 landlord may: 538 1.(

a) If the violation such noncompliance is of a nature 539 that the tenant should not be given an opportunity to cure it or 540 if the violation noncompliance constitutes a subsequent or 541 continuing violation noncompliance within 12 months after of a 542 written warning by the landlord of a similar violation, deliver 543 a written notice to the tenant specifying the violation 544 noncompliance and the landlord’s intent to terminate the rental 545 agreement by reason thereof.

Examples of noncompliance which are 546 of a nature that the tenant should not be given an opportunity 547 to cure include, but are not limited to, destruction, damage, or 548 misuse of the landlord’s or other tenants’ property by 549 intentional act or a subsequent or continued unreasonable 550 disturbance. In such event, the landlord may terminate the 551

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 20 of 41 CODING: Words stricken are deletions; words underlined are additions. rental agreement, and the tenant has shall have 7 days after 552 from the date that the notice is delivered to vacate the 553 premises. The notice must shall be in substantially the 554 following form: 555 556 You are advised that your rental agreement lease is 557 terminated effective immediately. You shall have 7 days after 558 from the delivery of this letter to vacate the premises. This 559 action is taken because ...(cite the violation 560 noncompliance).... 561 562 2.(

b) If the violation such noncompliance is of a nature 563 that the tenant should be given an opportunity to cure it, 564 deliver a written notice to the tenant specifying the violation 565 noncompliance, including a notice that, if the violation 566 noncompliance is not corrected within 7 days after from the date 567 that the written notice is delivered, the landlord will shall 568 terminate the rental agreement by reason thereof.

Examples of 569 such noncompliance include, but are not limited to, activities 570 in contravention of the lease or this part such as having or 571 permitting unauthorized pets, guests, or vehicles; parking in an 572 unauthorized manner or permitting such parking; or failing to 573 keep the premises clean and sanitary. If such violation 574 noncompliance recurs within 12 months after receipt of such 575 notice, an eviction action may commence without delivering a 576 subsequent notice pursuant to subparagraph 1. paragraph (

a) or 577 this subparagraph paragraph. The notice must shall be in 578 substantially the following form: 579 580

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 21 of 41 CODING: Words stricken are deletions; words underlined are additions. You are hereby notified that ...(cite the violation 581 noncompliance).... Demand is hereby made that you remedy the 582 violation noncompliance within 7 days after of receipt of this 583 notice or your rental agreement will be lease shall be deemed 584 terminated and you must shall vacate the premises upon such 585 termination.

If this same conduct or conduct of a similar nature 586 is repeated within 12 months, your tenancy is subject to 587 termination without further warning and without your being given 588 an opportunity to cure the violation noncompliance. 589 590 (

c) If any other reason provided in paragraph (

a) exists, 591 the landlord may deliver a written notice to the tenant of the 592 landlord’s intent to terminate the rental agreement. The written 593 notice must specify the reason for the termination. In such 594 event, the tenant has 7 days after the date that the notice is 595 delivered to vacate the premises. 596

(3) If the tenant fails to pay rent when due and the 597 default continues for 3 days, excluding Saturday, Sunday, and 598 legal holidays, after delivery of written demand by the landlord 599 for payment of the rent or possession of the premises, or if the 600 tenant habitually pays late or fails to pay the full amount of 601 rent after being given notice of a rent increase as required in 602 s. 83.46(4), the landlord may terminate the rental agreement. 603 Habitual late payments means more than one late payment 604 following the landlord’s first written demand for payment. Legal 605 holidays for the purpose of this

section shall be court-observed 606 holidays only. The 3-day notice shall contain a statement in 607 substantially the following form: 608 609

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 22 of 41 CODING: Words stricken are deletions; words underlined are additions. You are hereby notified that you are indebted to me in the 610 sum of .... dollars for the rent and use of the premises 611 ...(address of leased premises, including county)..., Florida, 612 now occupied by you and that I demand payment of the rent or 613 possession of the premises within 3 days (excluding Saturday, 614 Sunday, and legal holidays) after from the date of delivery of 615 this notice, to wit: on or before the .... day of ...., 616 ...(year).... 617 ...(landlord’s name, address and phone number)... 618 619

(4) The delivery of the written notices required by 620 subsections (1), (2), and (3), and (8) must shall be by mailing 621 or delivery of a true copy thereof or, if the tenant is absent 622 from the premises, by leaving a copy thereof at the residence. 623 The notice requirements of subsections (1), (2), and (3), and 624 (8) may not be waived in the rental agreement lease. 625

(5) Notwithstanding any other law to the contrary, if the 626 landlord knows or reasonably should know that the tenant is 627 pregnant or there are children under the age of 18 living in the 628 dwelling unit, the landlord must provide the tenant at least 3 629 months after delivery of a written notice under subsection (2) 630 or subsection (3) to vacate the premises before bringing an 631 action for possession of the dwelling unit under s. 83.59. 632 (6)(5) 633 (

b) Any tenant who wishes to defend against an action by 634 the landlord for possession of the unit for noncompliance of the 635 rental agreement or of relevant statutes must comply with s. 636 83.60(2). The court may not set a date for mediation or trial 637 unless the provisions of s. 83.60(2) have been met, but must 638

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 23 of 41 CODING: Words stricken are deletions; words underlined are additions. enter a default judgment for removal of the tenant with a writ 639 of possession to issue immediately if the tenant fails to comply 640 with s. 83.60(2). 641 (7)

(6) If the rental agreement is terminated, the landlord 642 must shall comply with s. 83.49(4) s. 83.49(3). 643 (8)(

a) If the landlord seeks in good faith to undertake 644 substantial repairs to the dwelling unit or premises that cannot 645 be completed while the dwelling unit is occupied, and that are 646 necessary to bring the dwelling unit or premises into compliance 647 with applicable codes and laws or under an outstanding notice of 648 code violations, the landlord may deliver a written notice to 649 the tenant of the landlord’s intent to terminate the rental 650 agreement. In such event, the tenant has 7 days after the date 651 that the notice is delivered to vacate the premises. 652 (

b) A notice terminating a rental agreement under this 653 subsection must include the following information: 654 1. A statement in substantially the following form: “When 655 the needed repairs are completed on your dwelling unit or the 656 premises, the landlord must offer you the opportunity to return 657 to your dwelling unit with a rental agreement of substantially 658 the same terms and at the same rent, subject to the landlord’s 659 right to obtain a rent increase for capital improvements.” 660 2.

If a landlord owns other residential dwelling units and 661 any such unit is available, a statement informing the tenant of 662 the existence of the available unit and an offer to enter into a 663 temporary rental agreement for the available unit or an offer to 664 enter into a new rental agreement for the available unit. The 665 landlord must offer the replacement dwelling unit to the tenant 666 at a rent based on the rent that the tenant is currently paying, 667

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 24 of 41 CODING: Words stricken are deletions; words underlined are additions. allowing for adjustments based on the condition, size, and other 668 amenities of the replacement unit. 669 3. An estimate of the time required to complete the repairs 670 and the date upon which it is expected that the dwelling unit 671 will be ready for habitation. 672 (

c) Upon completion of the repairs of the dwelling unit or 673 premises, the landlord must offer the tenant the first right to 674 return to the dwelling unit at the same rent and under a rental 675 agreement of substantially the same terms, subject to the 676 landlord’s right to obtain a rent increase for capital 677 improvements. 678

Section 11. Subsection (2) of

section 83.60, Florida 679 Statutes, is amended to read: 680 83.60 Defenses to action for rent or possession; 681 procedure.— 682

(2) In an action by the landlord for possession of a 683 dwelling unit, if the tenant interposes any defense other than 684 payment, including, but not limited to, the defense of a 685 defective 3-day notice, the tenant must shall pay into the 686 registry of the court the accrued rent as alleged in the 687 complaint or as determined by the court and the rent that 688 accrues during the pendency of the proceeding, when due. The 689 clerk shall notify the tenant of such requirement in the 690 summons.

Failure of the tenant to pay the rent into the registry 691 of the court or to file a motion to determine the amount of rent 692 to be paid into the registry within 5 days, excluding Saturdays, 693 Sundays, and legal holidays, after the date of service of 694 process constitutes an absolute waiver of the tenant’s defenses 695 other than payment, and the landlord is entitled to an immediate 696

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 25 of 41 CODING: Words stricken are deletions; words underlined are additions. default judgment for removal of the tenant with a writ of 697 possession to issue without further notice or hearing thereon. 698 If a motion to determine rent is filed, documentation in support 699 of the allegation that the rent as alleged in the complaint is 700 in error is required. Public housing tenants or tenants 701 receiving rent subsidies are required to deposit only that 702 portion of the full rent for which they are responsible pursuant 703 to the federal, state, or local program in which they are 704 participating. 705

Section

Section 83.626, Florida Statutes, is created to 706 read: 707 83.626 Court records of eviction proceedings.— 708

(1) A tenant, mobile home owner, mobile home tenant, or 709 mobile home occupant who is a defendant in an eviction 710 proceeding under this part or s. 723.061 may file a motion with 711 the court to have the records of such proceeding sealed and to 712 have his or her name substituted with “tenant” or “occupant” on 713 the progress docket if any of the following conditions are 714 satisfied: 715 (

a) The parties file a joint stipulation requesting relief 716 under this section. 717 (

b) The case was dismissed. 718 (

c) The case was resolved by settlement or stipulation of 719 the parties and the defendant has complied with the terms of the 720 agreement. 721 (

d) A default judgment was entered against the defendant 722 and the defendant has satisfied any monetary award included in 723 the judgment. This paragraph does not apply if the action was 724 brought under s. 83.56(2)(

a) or s. 723.061(1)(

b) or (

c) for 725

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 26 of 41 CODING: Words stricken are deletions; words underlined are additions. material noncompliance, other than nonpayment of rent, because 726 of the defendant’s intentional destruction, damage, or misuse of 727 the landlord’s property. 728 (

e) A judgment was entered against the defendant on the 729 merits at least 5 years before the motion was filed under this 730 subsection and the defendant has satisfied any monetary award 731 included in the judgment. This paragraph does not apply if the 732 action was brought under s. 83.56(2)(

a) or s. 723.061(1)(

b) or 733 (

c) for material noncompliance, other than nonpayment of rent, 734 because of the defendant’s intentional destruction, damage, or 735 misuse of the landlord’s property. 736 (2)(

a) The court shall grant such motion without a hearing 737 if the requirements in paragraph (1)(

a) or paragraph (1)(

b) are 738 satisfied. 739 (

b) If the defendant files a motion on the basis of 740 paragraph (1)(c), paragraph (1)(d), or paragraph (1)(

e) being 741 satisfied, the defendant must also serve a copy of the motion on 742 all parties to the proceeding. If a written objection is filed 743 by a party within 30 days after such service, the court must 744

schedule a hearing. If a written objection is not filed within 745 30 days after service of the motion, or the court determines 746 after a hearing that the defendant is eligible for relief, the 747 court must grant the motion. 748

(3) A tenant, mobile home owner, mobile home tenant, or 749 mobile home occupant is entitled to relief under subsection (2) 750 only once. When a tenant, mobile home owner, mobile home tenant, 751 or mobile home occupant files a motion under subsection (1), he 752 or she must also submit a sworn statement under penalty of 753 perjury affirming that he or she has not previously received 754

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 27 of 41 CODING: Words stricken are deletions; words underlined are additions. such relief from a court in the state. 755

(4) In an eviction proceeding under this part or s. 756 723.061, the court must substitute a defendant’s name on the 757 progress docket with “tenant” or “occupant” if a judgment is 758 entered in favor of the defendant. 759

(5) A defendant is not eligible for relief under this 760

section if: 761 (

a) During any 12-month period, the defendant has had a 762 judgment entered against him or her in two or more eviction 763 proceedings; or 764 (

b) During any 24-month period, the defendant has had a 765 judgment entered against him or her in three or more eviction 766 proceedings. 767

(6) This

section applies to any judgment entered before, 768 on, or after July 1, 2024. 769

Section

Section 83.63, Florida Statutes, is amended to 770 read: 771 83.63 Casualty damage.—If the premises are damaged or 772 destroyed other than by the wrongful or negligent acts of the 773 tenant so that the enjoyment of the premises is substantially 774 impaired, the tenant may terminate the rental agreement and 775 immediately vacate the premises. The tenant may vacate the

part 776 of the premises rendered unusable by the casualty, in which case 777 the tenant’s liability for rent shall be reduced by the fair 778 rental value of that part of the premises damaged or destroyed. 779 If the rental agreement is terminated, the landlord shall comply 780 with s. 83.49(4) s. 83.49(3). 781

Section

Section 83.67, Florida Statutes, is amended to 782 read: 783

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 28 of 41 CODING: Words stricken are deletions; words underlined are additions. 83.67 Prohibited practices.— 784

(1) A landlord of any dwelling unit governed by this

part 785 may shall not cause, directly or indirectly, the termination or 786 interruption of any utility service furnished to the tenant, 787 including, but not limited to, water, heat, light, electricity, 788 gas, elevator, garbage collection, or refrigeration, whether or 789 not the utility service is under the control of, or payment is 790 made by, the landlord. 791

(2) A landlord of any dwelling unit governed by this

part 792 may shall not prevent the tenant from gaining reasonable access 793 to the dwelling unit by any means, including, but not limited 794 to, changing the locks or using any bootlock or similar device. 795

(3) A landlord of any dwelling unit governed by this

part 796 may shall not discriminate against a servicemember in offering a 797 dwelling unit for rent or in any of the terms of the rental 798 agreement. 799

(4) A landlord of any dwelling unit governed by this

part 800 may not discriminate against a person in offering a dwelling 801 unit for rent or in any of the terms of the rental agreement 802 based on the person’s race; color; religion; sex; pregnancy; 803 national origin; age; physical, mental, or developmental 804 disability; HIV status; familial status; sexual orientation; 805 gender identity; source of income; or credit score.

For purposes 806 of this subsection, the term: 807 (a) “Familial status” means the makeup of a person’s 808 family, including whether there is a child under the age of 18 809 living with the person or whether the person is seeking custody 810 of a child under the age of 18. 811 (b) “Gender identity” means the identity, appearance, or 812

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 29 of 41 CODING: Words stricken are deletions; words underlined are additions. behavior of a person, regardless of whether such identity, 813 appearance, or behavior is different from that traditionally 814 associated with the person’s physiology or assigned sex at 815 birth. 816 (c) “Sexual orientation” means a person’s heterosexuality, 817 homosexuality, or bisexuality. 818

(5) A landlord of any dwelling unit governed by this

part 819 may not harass or intimidate a tenant for the purpose of 820 coercing the tenant into terminating the rental agreement. 821

(6) A landlord of any dwelling unit governed by this

part 822 may not refuse to show the dwelling unit, either in person or 823 through photographs, to a prospective tenant until the 824 prospective tenant signs a rental agreement. 825

(7) Unless otherwise required by law, a landlord of any 826 dwelling unit governed by this part may not inquire into or 827 consider a prospective tenant’s criminal history on a rental 828 application or rental agreement. A landlord may inquire into or 829 consider a prospective tenant’s criminal history only after the 830 landlord determines that the prospective tenant otherwise 831 qualifies to rent a dwelling unit. 832

(8) If a landlord requires a prospective tenant to complete 833 a rental application before residing in a dwelling unit, the 834 landlord may not charge an excessive rental application fee. If, 835 after a prospective tenant submits a rental application and 836 application fee, a dwelling unit is not available, the landlord 837 must refund the application fee to the prospective tenant. 838 (9)

(4) A landlord may shall not prohibit a tenant from 839 displaying one portable, removable, cloth or plastic United 840 States flag, not larger than 4 and 1/2 feet by 6 feet, in a 841

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 30 of 41 CODING: Words stricken are deletions; words underlined are additions. respectful manner in or on the dwelling unit regardless of any 842 provision in the rental agreement dealing with flags or 843 decorations. The United States flag shall be displayed in 844 accordance with s. 83.52(6). The landlord is not liable for 845 damages caused by a United States flag displayed by a tenant. 846 Any United States flag may not infringe upon the space rented by 847 any other tenant. 848 (10)

(5) A landlord of any dwelling unit governed by this 849 part may shall not remove the outside doors, locks, roof, walls, 850 or windows of the unit except for purposes of maintenance, 851 repair, or replacement; and the landlord may shall not remove 852 the tenant’s personal property from the dwelling unit unless 853 such action is taken after surrender, abandonment, recovery of 854 possession of the dwelling unit due to the death of the last 855 remaining tenant in accordance with s. 83.59(3)(d), or a lawful 856 eviction.

If provided in the rental agreement or a written 857 agreement separate from the rental agreement, upon surrender or 858 abandonment by the tenant, the landlord is not required to 859 comply with s. 715.104 and is not liable or responsible for 860 storage or disposition of the tenant’s personal property; if 861 provided in the rental agreement, there must be printed or 862 clearly stamped on such rental agreement a legend in 863 substantially the following form: 864 865 BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON 866 SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE 867 DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS 868 PROVIDED BY

CHAPTER 83, FLORIDA STATUTES, THE LANDLORD IS SHALL 869 NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 870

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 31 of 41 CODING: Words stricken are deletions; words underlined are additions. TENANT’S PERSONAL PROPERTY. 871 872 For the purposes of this section, abandonment is determined 873 shall be as provided set forth in s. 83.59(3)(c). 874 (11)

(6) A landlord who violates any provision of this 875

section is shall be liable to the tenant for actual and 876 consequential damages or 3 months’ rent, whichever is greater, 877 and costs, including attorney attorney’s fees. Subsequent or 878 repeated violations that are not contemporaneous with the 879 initial violation are shall be subject to separate awards of 880 damages. 881 (12)

(7) A violation of this

section constitutes irreparable 882 harm for the purposes of injunctive relief. 883 (13)

(8) The remedies provided by this

section are not 884 exclusive and do not preclude the tenant from pursuing any other 885 remedy at law or equity that the tenant may have. The remedies 886 provided by this

section shall also apply to a servicemember or 887 person who is a prospective tenant who has been discriminated 888 against under subsection (3) or subsection (4). 889

Section

Section 83.675, Florida Statutes, is created to 890 read: 891 83.675 Tenant opportunity to purchase.— 892

(1) For purposes of this section, the term: 893 (a) “Bona fide offer of sale” means an offer for a price, 894 including other material terms, that is at least as favorable as 895 what would be accepted by a purchaser in an arm’s length third-896 party contract, that is comparable to that at which a willing 897 seller and a willing buyer would sell and purchase the dwelling 898 unit or the premises on which the dwelling unit is located, or 899

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 32 of 41 CODING: Words stricken are deletions; words underlined are additions. that is the appraised value. 900 (b) “Highest and best use” means the reasonable legal use 901 of a dwelling unit or the premises on which the dwelling unit is 902 located that is physically possible, appropriately supported, 903 and financially feasible and that results in the highest value 904 of the dwelling unit or premises on which the dwelling unit is 905 located. 906 (c) “Matter-of-right” means the appropriate land use, 907 development density, or building requirements of the dwelling 908 unit or the premises on which the dwelling unit is located under 909 zoning regulations and law. 910

(2) Before a landlord may sell a dwelling unit or the 911 premises on which a dwelling unit is located or issue a notice 912 to vacate the dwelling unit or premises for purposes of 913 demolition or discontinuance of housing use, the landlord must 914 give the tenant an opportunity to purchase the dwelling unit or 915 the premises on which the dwelling unit is located at a price 916 and with material terms that represent a bona fide offer of 917 sale. 918

(3) A landlord shall provide the tenant a copy of the offer 919 of sale, in the preferred language of the tenant, by hand 920 delivery, e-mail, and certified mail. A landlord may not retain 921 a percentage of ownership in the dwelling unit or the premises 922 on which the dwelling unit is located in the offer of sale. 923

(4) The sales price contained in the offer of sale may not 924 be more than a price comparable to that at which a willing 925 seller and a willing buyer would sell and purchase the dwelling 926 unit or the premises on which the dwelling unit is located or 927 the appraised value of the dwelling unit or premises. 928

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 33 of 41 CODING: Words stricken are deletions; words underlined are additions.

(5) The appraised value must be based on rights a landlord 929 has as a matter-of-right as of the date of the offer of sale, 930 including any existing right a landlord may have to convert the 931 dwelling unit or the premises on which the dwelling unit is 932 located to another use. The appraisal value may take into 933 consideration the highest and best use of the dwelling unit or 934 premises. 935

(6) A tenant may challenge an offer of sale as not being a 936 bona fide offer of sale and request a determination of the 937 appraised value by an independent licensed appraiser, as defined 938 in s. 475.611, at the expense of the tenant, by providing 939 written notice to the landlord and the Division of Consumer 940 Services within the Department of Agriculture and Consumer 941 Services by hand delivery, electronic transmission, or certified 942 mail within 30 days after receipt of the offer of sale. 943

(7) The landlord has the burden of proof to establish that 944 an offer of sale under this

section is a bona fide offer of 945 sale. 946

Section

Section 83.676, Florida Statutes, is created to 947 read: 948 83.676 Early termination of rental agreement by a victim of 949 domestic violence, dating violence, sexual violence, or 950 stalking; lock changing.— 951

(1) As used in this section, the term: 952 (a) “Dating violence” has the same meaning as in s. 953 784.046(1)(d). 954 (b) “Domestic violence” has the same meaning as in s. 955 741.28. 956 (c) “Sexual violence” has the same meaning as in s. 957

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 34 of 41 CODING: Words stricken are deletions; words underlined are additions. 784.046(1)(c). 958 (d) “Stalking,” as described in s. 784.048(2), means 959 willfully, maliciously, and repeatedly following, harassing, or 960 cyberstalking another person. 961

(2) A landlord may not terminate a rental agreement or 962 evict a tenant for an incident involving actual or threatened 963 domestic violence, dating violence, sexual violence, or stalking 964 if the tenant or the tenant’s minor child is the victim of such 965 actual or threatened violence or stalking. A rental agreement 966 may not include a provision deeming that early termination of a 967 rental agreement because of an incident involving actual or 968 threatened domestic violence, dating violence, sexual violence, 969 or stalking, in which the tenant or the tenant’s minor child is 970 a victim and not the perpetrator, is a breach of the rental 971 agreement. 972 (3)(

a) If a tenant or a tenant’s minor child is a victim of 973 actual or threatened domestic violence, dating violence, sexual 974 violence, or stalking during the term of a rental agreement, the 975 tenant may, without penalty, terminate the rental agreement at 976 any time by providing the landlord with written notice of the 977 tenant’s intent to terminate the rental agreement and to vacate 978 the premises because of such incident. The termination of the 979 rental agreement is effective immediately upon delivery of the 980 written notice and documentation specified in paragraph (b), if 981 applicable, to the landlord. 982 (

b) Unless the landlord notifies the tenant that 983 documentation is not needed, a notice of termination from the 984 tenant required under paragraph (

a) must be accompanied by 985 documentation verifying the tenant’s or the tenant’s minor 986

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 35 of 41 CODING: Words stricken are deletions; words underlined are additions. child’s status as a victim of actual or threatened domestic 987 violence, dating violence, sexual violence, or stalking and may 988 include: 989 1. A copy of an injunction for protection against domestic 990 violence, dating violence, sexual violence, or stalking issued 991 to the tenant as the victim or as parent of a minor victim; 992 2.

A copy of an order of no contact or a criminal 993 conviction entered by a court in a criminal case in which the 994 defendant was charged with a crime relating to domestic 995 violence, dating violence, sexual violence, or stalking against 996 the tenant or the tenant’s minor child; 997 3. A written verification from a domestic violence center 998 certified under

chapter 39 or a rape crisis center as defined in 999 s. 794.055(2) which states that the tenant or the tenant’s minor 1000 child is a victim of actual or threatened domestic violence, 1001 dating violence, sexual violence, or stalking; or 1002 4. A copy of a law enforcement report documenting an 1003 incident of actual or threatened domestic violence, dating 1004 violence, sexual violence, or stalking against the tenant or the 1005 tenant’s minor child. 1006 (

c) A notice of termination from the tenant required under 1007 paragraph (

a) must be provided by certified mail or hand 1008 delivery to the landlord, a person authorized to receive notices 1009 on behalf of the landlord under s. 83.50, a resident manager, or 1010 the person or entity that collects the rent on behalf of the 1011 landlord. 1012 (

d) If a rental agreement with a specific duration is 1013 terminated by a tenant under this subsection less than 30 days 1014 before the end of the rental agreement, the tenant is liable for 1015

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 36 of 41 CODING: Words stricken are deletions; words underlined are additions. the rent for the remaining period of the rental agreement. If a 1016 rental agreement with a specific duration is terminated by a 1017 tenant under this subsection 30 or more days before the end of 1018 the rental agreement, the tenant is liable for prorated rent for 1019 a period of 30 days immediately following delivery of the notice 1020 of termination.

After compliance with this paragraph, the tenant 1021 is released from any further obligation to pay rent, 1022 concessions, damages, fees, or penalties, and the landlord is 1023 not entitled to the remedies provided in s. 83.595. 1024 (

e) If a rental agreement is terminated by a tenant under 1025 this subsection, the landlord must comply with s. 83.49(3). A 1026 tenant who terminates a rental agreement under this subsection 1027 does not forfeit any deposit money or advance rent paid to the 1028 landlord. 1029 (

f) This subsection does not affect a tenant’s liability 1030 for unpaid rent or other amounts owed to the landlord before the 1031 termination of the rental agreement under this subsection. 1032 (

g) If the perpetrator of actual or threatened domestic 1033 violence, dating violence, sexual violence, or stalking is also 1034 a tenant under the same rental agreement as the tenant who is a 1035 victim, or whose minor child is a victim, of such actual or 1036 threatened violence or stalking, neither the perpetrator’s 1037 liability for rent nor his or her other obligations under the 1038 rental agreement are terminated under this subsection, and the 1039 landlord is entitled to the rights and remedies provided by this 1040 part against the perpetrator. 1041 (4)(

a) A tenant or a tenant’s minor child who is a victim 1042 of actual or threatened domestic violence, dating violence, 1043 sexual violence, or stalking and who wishes to remain in the 1044

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 37 of 41 CODING: Words stricken are deletions; words underlined are additions. dwelling unit may make a written request to the landlord 1045 accompanied by any one of the documents listed in paragraph 1046 (3)(b), and the landlord shall, within 24 hours after receipt of 1047 the request, change the locks of the tenant’s dwelling unit and 1048 provide the tenant with a key to the new locks. 1049 (

b) If the landlord fails to change the locks within 24 1050 hours, the tenant may change the locks without the landlord’s 1051 permission, notwithstanding any contrary provision in the rental 1052 agreement or other applicable rules or regulations imposed by 1053 the landlord, if all of the following conditions have been met: 1054 1. The locks are changed in like manner as if the landlord 1055 had changed the locks, with locks of similar or better quality 1056 than the original locks. 1057 2. The landlord is notified within 24 hours after the 1058 changing of the locks. 1059 3. The landlord is provided a key to the new locks within a 1060 reasonable time. 1061 (

c) If the locks are changed under this subsection, the 1062 landlord is not liable to any person who does not have access to 1063 the dwelling unit. 1064

(5) A landlord may not refuse to enter into a rental 1065 agreement for a dwelling unit, refuse to negotiate for the 1066 rental of a dwelling unit, make a dwelling unit unavailable, or 1067 retaliate in the rental of a dwelling unit because: 1068 (

a) The tenant, prospective tenant, or minor child of the 1069 tenant or prospective tenant is a victim of actual or threatened 1070 domestic violence, dating violence, sexual violence, or 1071 stalking; or 1072 (

b) The tenant or prospective tenant has previously 1073

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 38 of 41 CODING: Words stricken are deletions; words underlined are additions. terminated a rental agreement because of an incident involving 1074 actual or threatened domestic violence, dating violence, sexual 1075 violence, or stalking in which the tenant, prospective tenant, 1076 or minor child of the tenant or prospective tenant was a victim. 1077 1078 However, the landlord may refuse to enter into a rental 1079 agreement, negotiate for the rental of a dwelling unit, or make 1080 a dwelling unit available if the tenant or prospective tenant 1081 fails to comply with the landlord’s request for documentation of 1082 an incident of actual or threatened domestic violence, dating 1083 violence, sexual violence, or stalking that occurred before 1084 termination of a prior rental agreement.

A landlord’s request 1085 for documentation is satisfied upon the tenant’s or prospective 1086 tenant’s provision of any one of the documents listed in 1087 paragraph (3)(b). 1088

(6) All information provided to a landlord under 1089 subsections (3), (4), and (5), including the fact that a tenant, 1090 prospective tenant, or a tenant’s or prospective tenant’s minor 1091 child is a victim of actual or threatened domestic violence, 1092 dating violence, sexual violence, or stalking, and including the 1093 tenant’s forwarding address, is confidential. The landlord may 1094 not enter such information into any shared database or provide 1095 the information to any other person or entity, except to the 1096 extent such disclosure is: 1097 (

a) Made to a person specified in paragraph (3)(

c) solely 1098 for a legitimate business purpose; 1099 (

b) Requested, or consented to, in writing by the tenant or 1100 the tenant’s legal guardian; 1101 (

c) Required for use in a judicial proceeding; or 1102

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 39 of 41 CODING: Words stricken are deletions; words underlined are additions. (

d) Otherwise required by law. 1103

(7) A tenant or prospective tenant, on his or her own 1104 behalf or on behalf of his or her minor child, may file a civil 1105 action against a landlord for a violation of this section. A 1106 landlord who violates subsection (5) or subsection (6) is 1107 civilly liable to the victim for $1,000 for punitive damages, 1108 actual and consequential damages, and court costs, including 1109 reasonable attorney fees, unless the landlord can show that this 1110 was the landlord’s first violation and the violation was not 1111 committed in bad faith. Subsequent or repeated violations that 1112 are not contemporaneous with the initial violation are subject 1113 to separate awards of damages. 1114

(8) The provisions of this

section may not be waived or 1115 modified by a rental agreement. 1116

Section 17. Subsection (1) of

section 83.681, Florida 1117 Statutes, is amended to read: 1118 83.681 Orders to enjoin violations of this part.— 1119

(1) A landlord who gives notice to a tenant of the 1120 landlord’s intent to terminate the tenant’s lease pursuant to s. 1121 83.56(2)(a)1. s. 83.56(2)(a), due to the tenant’s intentional 1122 destruction, damage, or misuse of the landlord’s property may 1123 petition the county or circuit court for an injunction 1124 prohibiting the tenant from continuing to violate any of the 1125 provisions of that part. 1126

Section 18. Subsection (14) is added to

section 163.31801, 1127 Florida Statutes, to read: 1128 163.31801 Impact fees;

short title; intent; minimum 1129 requirements; audits; challenges.— 1130

(14) A local government may adopt by ordinance or a special 1131

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 40 of 41 CODING: Words stricken are deletions; words underlined are additions. district may adopt by resolution an impact fee that is charged 1132 to a developer when residents are displaced from their homes due 1133 to gentrification by the developer. The revenue generated from 1134 the impact fee must be used for affordable housing in the 1135 county, municipality, or special district that adopted such 1136 impact fee. 1137

Section 19. Subsection (1) of

section 196.061, Florida 1138 Statutes, is amended to read: 1139 196.061 Rental of homestead to constitute abandonment.— 1140 (1)(

a) Except as provided in paragraph (b), the rental of 1141 all or substantially all of a dwelling previously claimed to be 1142 a homestead for tax purposes shall constitute the abandonment of 1143 such dwelling as a homestead, and the abandonment continues 1144 until the dwelling is physically occupied by the owner. However, 1145 such abandonment of the homestead after January 1 of any year 1146 does not affect the homestead exemption for tax purposes for 1147 that particular year unless the property is rented for more than 1148 30 days per calendar year for 2 consecutive years. 1149 (

b) The rental of any portion of a dwelling previously 1150 claimed to be a homestead for tax purposes shall not constitute 1151 abandonment if the owner resides on the property. 1152

Section

Section 201.025, Florida Statutes, is created 1153 to read: 1154 201.025 Tax on deeds relating to residential property 1155 purchased by private equity firms.— 1156

(1) When a deed, an instrument, or other writing for a 1157 residential single-family dwelling, a manufactured home, or an 1158 apartment complex is granted, assigned, transferred, or 1159 otherwise conveyed to a purchaser who is a private equity firm 1160

Florida Senate - 2024 SB 1244 25-01482-24 20241244__ Page 41 of 41 CODING: Words stricken are deletions; words underlined are additions. or corporation that has at least $20 million in assets, the tax 1161 is $100 on each $100 of the consideration. 1162

(2) All documentary stamp tax revenues generated under this 1163

section must be deposited into the Florida Affordable Housing 1164 Trust Fund. 1165

(3) Taxes imposed by this

section do not apply to an 1166 assignment, a deed, a transfer, a conveyance, or other 1167 disposition, which arises out of a transfer of real property, if 1168 the purchaser is: 1169 (

a) A nonprofit organization as defined in s. 201.02(6). 1170 (

b) A governmental entity as defined in s. 768.295(2). 1171 (

c) A person purchasing such real property pursuant to a 1172 government program to provide housing to low-income persons as 1173 defined in s. 420.0004. 1174

Section 21. This act shall take effect July 1, 2024. 1175