Florida Senate - 2020 SB 1852 By Senator Rodriguez 37-01434A-20 20201852__ Page 1 of 28 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to landlords and tenants; amending s. 2 83.43, F.S.; revising the definition of the term 3 “tenant”; creating s. 83.455, F.S.; providing 4 requirements for rental agreements; requiring 5 landlords to provide certain information with rental 6 agreements; amending s. 83.46, F.S.; requiring that a 7 landlord provide written notice of a rent increase to 8 a tenant by a specified time; requiring such notice to 9 include an option for mediation under certain 10 circumstances; amending s. 83.47, F.S.; providing that 11 certain provisions in a rental agreement are void and 12 unenforceable; amending s. 83.49, F.S.; removing the 13 option for a landlord to deposit certain money into a 14 non-interest-bearing account; revising written notice 15 requirements to tenants; providing for damages if a 16 landlord fails to meet certain requirements; amending 17 s. 83.51, F.S.; requiring a landlord to inspect a 18 dwelling unit at a specified time to ensure compliance 19 with applicable codes; amending s. 83.54, F.S.; 20 requiring certain records be removed from a tenant’s 21 credit report under certain circumstances; amending s. 22 83.56, F.S.; revising and specifying grounds for 23 termination of a rental agreement; amending s. 83.60, 24 F.S.; removing a requirement that certain money be 25 paid into the registry of the court; amending s. 26 83.67, F.S.; prohibiting a landlord from engaging in 27 certain conduct; providing

definitions; conforming a 28 cross-reference to changes made by the act; creating 29

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 2 of 28 CODING: Words stricken are deletions; words underlined are additions. s. 83.675, F.S.; providing

definitions; requiring a 30 landlord to give tenants the opportunity to purchase 31 the dwelling unit or premises under certain 32 circumstances; providing requirements for an offer of 33 sale; authorizing a tenant to challenge an offer of 34 sale; creating s. 83.676, F.S.; providing

definitions; 35 prohibiting a landlord from evicting a tenant or 36 terminating a rental agreement because the tenant or 37 the tenant’s minor child is a victim of actual or 38 threatened domestic violence, dating violence, sexual 39 violence, or stalking; specifying that a rental 40 agreement may not contain certain provisions; 41 authorizing a victim of such actual or threatened 42 violence or stalking to terminate a rental agreement 43 under certain circumstances; requiring certain 44 documentation and written notice to the landlord; 45 providing for liability for rent for both the tenant 46 and the perpetrator, if applicable; specifying that a 47 tenant does not forfeit certain money paid to the 48 landlord for terminating the rental agreement under 49 certain circumstances; requiring a landlord to change 50 the locks of the dwelling unit within a specified 51 period under certain circumstances; authorizing the 52 tenant to change the locks of the dwelling unit under 53 certain circumstances; prohibiting certain actions by 54 a landlord under certain circumstances; providing an 55 effective date. 56 57 Be It Enacted by the Legislature of the State of Florida: 58

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 3 of 28 CODING: Words stricken are deletions; words underlined are additions. 59

Section 1. Subsection (4) of

section 83.43, Florida 60 Statutes, is amended to read: 61 83.43

Definitions.—As used in this part, the following 62 words and terms shall have the following meanings unless some 63 other meaning is plainly indicated: 64 (4) “Tenant” means any person entitled to occupy a dwelling 65 unit or property held out for the use of tenants generally under 66 a rental agreement. 67

Section

Section 83.455, Florida Statutes, is created to 68 read: 69 83.455 Rental agreements.— 70

(1) Immediately after entering into, extending, or renewing 71 a rental agreement, the tenant must be provided a copy of the 72 rental agreement. The rental agreement must be written in plain 73 language and, at the tenant’s request, translated into the 74 preferred language of the tenant. 75

(2) Notwithstanding any other provision of law, all rental 76 agreements entered into, extended, or renewed on or after July 77 1, 2020, must include the following provisions: 78 (

a) Before a private sale or transfer of title of the 79 dwelling unit or the premises on which the dwelling unit is 80 located, the landlord must provide the tenant with the right of 81 first refusal to purchase the dwelling unit or premises as 82 provided under s. 83.675. 83 (

b) If a landlord chooses not to extend or renew a rental 84 agreement, he or she must provide the tenant a written 85 explanation for such decision. 86 (

c) A landlord may not terminate a tenancy for cause during 87

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 4 of 28 CODING: Words stricken are deletions; words underlined are additions. a state of emergency declared by the Governor under

chapter 252. 88 (

d) During a state of emergency declared by the Governor 89 under

chapter 252, a tenant may install wind resistance 90 improvements, as defined in s. 163.08(2), to the dwelling unit 91 at the tenant’s expense. 92

Section 3. Subsection (4) is added to

section 83.46, 93 Florida Statutes, to read: 94 83.46 Rent; duration of tenancies.— 95

(4) A landlord must provide to a tenant a written notice, 96 by certified mail or hand delivery, of a planned rent increase 97 at least 30 days before the rental agreement renewal period. If 98 the rent increase is more than 5 percent, the landlord must 99 provide notice, by certified mail or hand delivery, at least 3 100 months before the rental agreement renewal period.

If the rent 101 increase is more than 5 percent, the notice must also contain a 102 statement that the tenant may elect to participate in nonbinding 103 mediation, at the expense of the tenant, by providing written 104 notice to the landlord, by certified mail or hand delivery, 105 within 14 days after receipt of the notice of the rent increase. 106 For a tenancy without a specific duration, the landlord must 107 provide written notice, by certified mail or hand delivery, of a 108 planned rent increase within the timeframes provided in s. 109 83.57. 110

Section 4. Paragraph (

c) is added to subsection (1) of 111

section 83.47, Florida Statutes, to read: 112 83.47 Prohibited provisions in rental agreements.— 113

(1) A provision in a rental agreement is void and 114 unenforceable to the extent that it: 115 (

c) Purports that a tenant’s early termination of a rental 116

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 5 of 28 CODING: Words stricken are deletions; words underlined are additions. agreement because of an incident involving actual or threatened 117 domestic violence, dating violence, sexual violence, or 118 stalking, in which the tenant or the tenant’s minor child is a 119 victim and not the perpetrator, is a breach of the rental 120 agreement. 121

Section 5. Paragraph (

c) of subsection (2) and subsections 122 (1), (3), (5), and (9) of

section 83.49, Florida Statutes, are 123 amended to read: 124 83.49 Deposit money or advance rent; duty of landlord and 125 tenant.— 126

(1) Whenever money is deposited or advanced by a tenant on 127 a rental agreement as security for performance of the rental 128 agreement or as advance rent for other than the next immediate 129 rental period, the landlord or the landlord’s agent shall 130 either: 131 (

a) Hold the total amount of such money in a separate non-132 interest-bearing account in a Florida banking institution for 133 the benefit of the tenant or tenants. The landlord shall not 134 commingle such moneys with any other funds of the landlord or 135 hypothecate, pledge, or in any other way make use of such moneys 136 until such moneys are actually due the landlord; 137 (a)(

b) Hold the total amount of such money in a separate 138 interest-bearing account in a Florida banking institution for 139 the benefit of the tenant or tenants, in which case the tenant 140 shall receive and collect interest in an amount of at least 75 141 percent of the annualized average interest rate payable on such 142 account or interest at the rate of 5 percent per year, simple 143 interest, whichever the landlord elects. The landlord shall not 144 commingle such moneys with any other funds of the landlord or 145

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 6 of 28 CODING: Words stricken are deletions; words underlined are additions. hypothecate, pledge, or in any other way make use of such moneys 146 until such moneys are actually due the landlord; or 147 (b)(

c) Post a surety bond, executed by the landlord as 148 principal and a surety company authorized and licensed to do 149 business in the state as surety, with the clerk of the circuit 150 court in the county in which the dwelling unit is located in the 151 total amount of the security deposits and advance rent he or she 152 holds on behalf of the tenants or $50,000, whichever is less. 153 The bond shall be conditioned upon the faithful compliance of 154 the landlord with the provisions of this

section and shall run 155 to the Governor for the benefit of any tenant injured by the 156 landlord’s violation of the provisions of this section. In 157 addition to posting the surety bond, the landlord shall pay to 158 the tenant interest at the rate of 5 percent per year, simple 159 interest.

A landlord, or the landlord’s agent, engaged in the 160 renting of dwelling units in five or more counties, who holds 161 deposit moneys or advance rent and who is otherwise subject to 162 the provisions of this section, may, in lieu of posting a surety 163 bond in each county, elect to post a surety bond in the form and 164 manner provided in this paragraph with the office of the 165 Secretary of State. The bond shall be in the total amount of the 166 security deposit or advance rent held on behalf of tenants or in 167 the amount of $250,000, whichever is less.

The bond shall be 168 conditioned upon the faithful compliance of the landlord with 169 the provisions of this

section and shall run to the Governor for 170 the benefit of any tenant injured by the landlord’s violation of 171 this section. In addition to posting a surety bond, the landlord 172 shall pay to the tenant interest on the security deposit or 173 advance rent held on behalf of that tenant at the rate of 5 174

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 7 of 28 CODING: Words stricken are deletions; words underlined are additions. percent per year simple interest. 175

(2) The landlord shall, in the rental lease agreement or 176 within 30 days after receipt of advance rent or a security 177 deposit, give written notice to the tenant which includes 178 disclosure of the advance rent or security deposit. Subsequent 179 to providing such written notice, if the landlord changes the 180 manner or location in which he or she is holding the advance 181 rent or security deposit, he or she must notify the tenant 182 within 30 days after the change as provided in paragraphs (a)-183 (d).

The landlord is not required to give new or additional 184 notice solely because the depository has merged with another 185 financial institution, changed its name, or transferred 186 ownership to a different financial institution. This subsection 187 does not apply to any landlord who rents fewer than five 188 individual dwelling units. Failure to give this notice is not a 189 defense to the payment of rent when due. The written notice 190 must: 191 (

c) State that whether the tenant is entitled to interest 192 on the deposit and the amount of the interest. 193

(3) The landlord or the landlord’s agent may disburse 194 advance rents from the deposit account to the landlord’s benefit 195 when the advance rental period commences and without notice to 196 the tenant. For all other deposits: 197 (

a) Upon the vacating of the premises for termination of 198 the rental agreement lease, if the landlord does not intend to 199 impose a claim on the security deposit, the landlord shall have 200 15 days to return the security deposit together with interest 201 within 15 days after the tenant vacates the premises. if 202 otherwise required, or The landlord has shall have 30 days from 203

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 8 of 28 CODING: Words stricken are deletions; words underlined are additions. when the tenant vacates the premises to give the tenant written 204 notice by certified mail to the tenant’s last known mailing 205 address of his or her intention to impose a claim on the deposit 206 and the reason for imposing the claim. The notice shall contain 207 a statement in substantially the following form: 208 This is a notice of my intention to impose a claim for 209 damages in the amount of .... upon your security deposit, due to 210 .....

It is sent to you as required by s. 83.49(3), Florida 211 Statutes. You are hereby notified that you must object in 212 writing to this deduction from your security deposit within 15 213 days from the time you receive this notice or I will be 214 authorized to deduct my claim from your security deposit.

Your 215 objection must be sent to ...(landlord’s address).... 216 If the landlord fails to give the required notice within the 30-217 day period, he or she forfeits the right to impose a claim upon 218 the security deposit and may not seek a setoff against the 219 deposit but may file an action for damages after return of the 220 deposit. 221 (

b) Unless the tenant objects to the imposition of the 222 landlord’s claim or the amount thereof within 15 days after 223 receipt of the landlord’s notice of intention to impose a claim, 224 the landlord may then deduct the amount of his or her claim and 225 shall remit the balance of the deposit and any interest to the 226 tenant within 30 days after the date of the notice of intention 227 to impose a claim for damages. The failure of the tenant to make 228 a timely objection does not waive any rights of the tenant to 229 seek damages in a separate action. 230 (

c) If either party institutes an action in a court of 231 competent jurisdiction to adjudicate the party’s right to the 232

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 9 of 28 CODING: Words stricken are deletions; words underlined are additions. security deposit, the prevailing party is entitled to receive 233 his or her court costs plus a reasonable fee for his or her 234 attorney. If a court finds that the landlord failed to meet the 235 requirements of this section, the court shall award the tenant 236 damages equal to three times the amount of the tenant’s security 237 deposit. The court shall advance the cause on the calendar. 238 (

d) Compliance with this

section by an individual or 239 business entity authorized to conduct business in this state, 240 including Florida-licensed real estate brokers and sales 241 associates, constitutes compliance with all other relevant 242 Florida Statutes pertaining to security deposits held pursuant 243 to a rental agreement or other landlord-tenant relationship. 244 Enforcement personnel shall look solely to this

section to 245 determine compliance. This

section prevails over any conflicting 246 provisions in

chapter 475 and in other sections of the Florida 247 Statutes, and shall operate to permit licensed real estate 248 brokers to disburse security deposits and deposit money without 249 having to comply with the notice and settlement procedures 250 contained in s. 475.25(1)(d). 251

(5) Except when otherwise provided by the terms of a 252 written rental agreement lease, any tenant who vacates or 253 abandons the premises prior to the expiration of the term 254 specified in the written rental agreement lease, or any tenant 255 who vacates or abandons premises which are the subject of a 256 tenancy from week to week, month to month, quarter to quarter, 257 or year to year, shall give at least 7 days’ written notice, 258 which notice shall include the address where the tenant may be 259 reached, by certified mail or personal delivery to the landlord 260 before prior to vacating or abandoning the premises which notice 261

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 10 of 28 CODING: Words stricken are deletions; words underlined are additions. shall include the address where the tenant may be reached. 262 Failure to give such notice relieves shall relieve the landlord 263 of the notice requirement of paragraph (3)(

a) but does shall not 264 waive any right the tenant may have to the security deposit or 265 any part of it. 266

(9) In those cases in which interest is required to be paid 267 to the tenant, The landlord shall pay directly to the tenant, or 268 credit against the current month’s rent, the interest due to the 269 tenant at least once annually. However, no interest may not be 270 paid to shall be due a tenant who wrongfully terminates his or 271 her tenancy prior to the end of the rental term. 272

Section 6. Paragraph (

a) of subsection (1) of

section 273 83.51, Florida Statutes, is amended to read: 274 83.51 Landlord’s obligation to maintain premises.— 275

(1) The landlord at all times during the tenancy shall: 276 (

a) Comply with the requirements of applicable building, 277 housing, and health codes. The landlord, at commencement of the 278 tenancy, must inspect the dwelling unit to ensure compliance 279 with all applicable codes; or 280 281 The landlord is not required to maintain a mobile home or other 282 structure owned by the tenant. The landlord’s obligations under 283 this subsection may be altered or modified in writing with 284 respect to a single-family home or duplex. 285

Section

Section 83.54, Florida Statutes, is amended to 286 read: 287 83.54 Enforcement of rights and duties; civil action; 288 criminal offenses.—Any right or duty declared in this

part is 289 enforceable by civil action. A right or duty enforced by civil 290

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 11 of 28 CODING: Words stricken are deletions; words underlined are additions. action under this

section does not preclude prosecution for a 291 criminal offense related to the rental agreement or rented 292 dwelling unit or premises lease or leased property. In an action 293 brought by a tenant for wrongful termination of a rental 294 agreement, if the court finds in favor of the tenant, any 295 eviction complaint filed by the landlord shall be dismissed and 296 the record of such filing removed from the tenant’s credit 297 report. 298

Section 8. Subsection (6) of

section 83.56, Florida 299 Statutes, is renumbered as subsection (7), subsections (2) and 300 (4) are amended, and a new subsection (6) is added to that 301 section, to read: 302 83.56 Termination of rental agreement.— 303 (2)(

a) A landlord must have good cause to terminate a 304 rental agreement. The following reasons constitute good cause 305 allowing for termination of a rental agreement: 306 1. The destruction, damage, or misuse of the landlord’s or 307 other tenants’ property by intentional act. 308 2. A tenant’s disorderly conduct or continued unreasonable 309 disturbance. 310 3. Failure of the tenant to comply with s. 83.52. 311 4. A violation or breach of the landlord’s reasonable rules 312 and regulations. 313 5. A violation or breach of covenants or agreements 314 contained in the rental agreement. 315 6.

Use of the dwelling unit or premises for illegal 316 purposes or acts, including, but not limited to, the 317 manufacture, sale, or use of illegal drugs, theft of property, 318 or assault or threats on the landlord or his or her relatives, 319

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 12 of 28 CODING: Words stricken are deletions; words underlined are additions. as defined in s. 494.001(33), or employees. 320 7.

The dwelling unit or premises are removed from the 321 rental market because the state, any political subdivision as 322 defined in s. 1.01(8), or other entity exercises its power of 323 eminent domain, the landlord seeks in good faith to permanently 324 remove the property from the rental market, or the landlord is 325 converting the dwelling unit or premises from the rental market 326 to a condominium, cooperative, or fee simple ownership. 327 8. The dwelling unit or premises are being used as an 328 incident of employment and such employment is terminated. 329 9.

The landlord seeks in good faith to recover possession 330 of the dwelling unit or premises for his or her own use and 331 occupancy as a principal residence, or for the use and occupancy 332 as a principal residence by a relative, as defined in s. 333 494.001(33), of the landlord. 334 (

b) If any of the violations in subparagraphs 1.-6. exist 335 the tenant materially fails to comply with s. 83.52 or material 336 provisions of the rental agreement, other than a failure to pay 337 rent, or reasonable rules or regulations, the landlord may: 338 1.(

a) If the violation such noncompliance is of a nature 339 that the tenant should not be given an opportunity to cure it or 340 if the violation noncompliance constitutes a subsequent or 341 continuing violation noncompliance within 12 months of a written 342 warning by the landlord of a similar violation, deliver a 343 written notice to the tenant specifying the violation 344 noncompliance and the landlord’s intent to terminate the rental 345 agreement by reason thereof. Examples of noncompliance which are 346 of a nature that the tenant should not be given an opportunity 347 to cure include, but are not limited to, destruction, damage, or 348

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 13 of 28 CODING: Words stricken are deletions; words underlined are additions. misuse of the landlord’s or other tenants’ property by 349 intentional act or a subsequent or continued unreasonable 350 disturbance. In such event, the landlord may terminate the 351 rental agreement, and the tenant shall have 7 days from the date 352 that the notice is delivered to vacate the premises. The notice 353 shall be in substantially the following form: 354 You are advised that your rental agreement lease is 355 terminated effective immediately.

You shall have 7 days from the 356 delivery of this letter to vacate the premises. This action is 357 taken because ...(cite the violation noncompliance).... 358 2.(

b) If the violation such noncompliance is of a nature 359 that the tenant should be given an opportunity to cure it, 360 deliver a written notice to the tenant specifying the violation 361 noncompliance, including a notice that, if the violation 362 noncompliance is not corrected within 7 days from the date that 363 the written notice is delivered, the landlord shall terminate 364 the rental agreement by reason thereof.

Examples of such 365 noncompliance include, but are not limited to, activities in 366 contravention of the lease or this part such as having or 367 permitting unauthorized pets, guests, or vehicles; parking in an 368 unauthorized manner or permitting such parking; or failing to 369 keep the premises clean and sanitary. If such violation 370 noncompliance recurs within 12 months after notice, an eviction 371 action may commence without delivering a subsequent notice 372 pursuant to subparagraph 1. paragraph (

a) or this subparagraph 373 paragraph. The notice shall be in substantially the following 374 form: 375 You are hereby notified that ...(cite the violation 376 noncompliance).... Demand is hereby made that you remedy the 377

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 14 of 28 CODING: Words stricken are deletions; words underlined are additions. violation noncompliance within 7 days of receipt of this notice 378 or your rental agreement will be lease shall be deemed 379 terminated and you shall vacate the premises upon such 380 termination. If this same conduct or conduct of a similar nature 381 is repeated within 12 months, your tenancy is subject to 382 termination without further warning and without your being given 383 an opportunity to cure the violation noncompliance. 384 (

c) If any other reason provided in paragraph (

a) exists, 385 the landlord may deliver a written notice to the tenant of the 386 landlord’s intent to terminate the rental agreement. The written 387 notice must specify the reason for the termination. In such 388 event, the tenant shall have 7 days from the date that the 389 notice is delivered to vacate the premises. 390

(3) If the tenant fails to pay rent when due and the 391 default continues for 3 days, excluding Saturday, Sunday, and 392 legal holidays, after delivery of written demand by the landlord 393 for payment of the rent or possession of the premises, or if the 394 tenant habitually pays late or fails to pay the full amount of 395 rent after being given notice of a rent increase as required in 396 s. 83.46(4), the landlord may terminate the rental agreement. 397 Habitual late payments means more than one late payment 398 following the landlord’s first written demand for payment. Legal 399 holidays for the purpose of this

section shall be court-observed 400 holidays only. The 3-day notice shall contain a statement in 401 substantially the following form: 402 You are hereby notified that you are indebted to me in the 403 sum of .... dollars for the rent and use of the premises 404 ...(address of leased premises, including county)..., Florida, 405 now occupied by you and that I demand payment of the rent or 406

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 15 of 28 CODING: Words stricken are deletions; words underlined are additions. possession of the premises within 3 days (excluding Saturday, 407 Sunday, and legal holidays) from the date of delivery of this 408 notice, to wit: on or before the .... day of ...., ...(year).... 409 ...(landlord’s name, address and phone number)... 410 411

(4) The delivery of the written notices required by 412 subsections (1), (2), and (3), and (6) shall be by mailing or 413 delivery of a true copy thereof or, if the tenant is absent from 414 the premises, by leaving a copy thereof at the residence. The 415 notice requirements of subsections (1), (2), and (3), and (6) 416 may not be waived in the rental agreement lease. 417 (6)(

a) If the landlord seeks in good faith to undertake 418 substantial repairs to the dwelling unit or premises that cannot 419 be completed while the dwelling unit is occupied, and that are 420 necessary to bring the dwelling unit or premises into compliance 421 with applicable codes and laws or under an outstanding notice of 422 code violations, the landlord may deliver a written notice to 423 the tenant of the landlord’s intent to terminate the rental 424 agreement. In such event, the tenant shall have 7 days from the 425 date that the notice is delivered to vacate the premises. 426 (

b) A notice terminating a rental agreement under this 427 subsection must include the following information: 428 1. A statement in substantially the following form: “When 429 the needed repairs are completed on your dwelling unit or the 430 premises, the landlord must offer you the opportunity to return 431 to your dwelling unit with a rental agreement of substantially 432 the same terms and at the same rent, subject to the landlord’s 433 right to obtain a rent increase for capital improvements.” 434 2. If a landlord owns other residential dwelling units and 435

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 16 of 28 CODING: Words stricken are deletions; words underlined are additions. any such unit is available, a statement informing the tenant of 436 the existence of the available unit and an offer to enter into a 437 temporary rental agreement for the available unit or an offer to 438 enter into a new rental agreement for the available unit.

The 439 landlord shall offer the replacement dwelling unit to the tenant 440 at a rent based on the rent that the tenant is currently paying, 441 allowing for adjustments based on the condition, size, and other 442 amenities of the replacement unit. 443 3. An estimate of the time required to complete the repairs 444 and the date upon which it is expected that the dwelling unit 445 will be ready for habitation. 446 (

c) Upon completion of the repairs of the dwelling unit or 447 premises, the landlord shall offer the tenant the first right to 448 return to the dwelling unit at the same rent and under a rental 449 agreement of substantially the same terms, subject to the 450 landlord’s right to obtain a rent increase for capital 451 improvements. 452

Section 9. Subsection (2) of

section 83.60, Florida 453 Statutes, is amended to read: 454 83.60 Defenses to action for rent or possession; 455 procedure.— 456

(2) In an action by the landlord for possession of a 457 dwelling unit, if the tenant interposes any defense other than 458 payment, including, but not limited to, the defense of a 459 defective 3-day notice, the tenant shall pay into the registry 460 of the court the accrued rent as alleged in the complaint or as 461 determined by the court and the rent that accrues during the 462 pendency of the proceeding, when due. The clerk shall notify the 463 tenant of such requirement in the summons. Failure of the tenant 464

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 17 of 28 CODING: Words stricken are deletions; words underlined are additions. to pay the rent into the registry of the court or to file a 465 motion to determine the amount of rent to be paid into the 466 registry within 5 days, excluding Saturdays, Sundays, and legal 467 holidays, after the date of service of process constitutes an 468 absolute waiver of the tenant’s defenses other than payment, and 469 the landlord is entitled to an immediate default judgment for 470 removal of the tenant with a writ of possession to issue without 471 further notice or hearing thereon.

If a motion to determine rent 472 is filed, documentation in support of the allegation that the 473 rent as alleged in the complaint is in error is required. Public 474 housing tenants or tenants receiving rent subsidies are required 475 to deposit only that portion of the full rent for which they are 476 responsible pursuant to the federal, state, or local program in 477 which they are participating. 478

Section

Section 83.67, Florida Statutes, is amended to 479 read: 480 83.67 Prohibited practices.— 481

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

part 482 may shall not cause, directly or indirectly, the termination or 483 interruption of any utility service furnished to the tenant, 484 including, but not limited to, water, heat, light, electricity, 485 gas, elevator, garbage collection, or refrigeration, whether or 486 not the utility service is under the control of, or payment is 487 made by, the landlord. 488

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

part 489 may shall not prevent the tenant from gaining reasonable access 490 to the dwelling unit by any means, including, but not limited 491 to, changing the locks or using any bootlock or similar device. 492

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

part 493

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 18 of 28 CODING: Words stricken are deletions; words underlined are additions. may shall not discriminate against a servicemember in offering a 494 dwelling unit for rent or in any of the terms of the rental 495 agreement. 496

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

part 497 may not discriminate against a person in offering a dwelling 498 unit for rent or in any of the terms of the rental agreement 499 based on the person’s race; color; religion; sex; pregnancy; 500 national origin; age; physical, mental, or developmental 501 disability; HIV status; familial status; sexual orientation; 502 gender identity; source of income; or credit score.

For purposes 503 of this subsection, the term: 504 (a) “Familial status” means the makeup of a person’s 505 family, including whether there is a child under the age of 18 506 living with the person or whether the person is seeking custody 507 of a child under the age of 18. 508 (b) “Gender identity” means the identity, appearance, or 509 behavior of a person, regardless of whether such identity, 510 appearance, or behavior is different from that traditionally 511 associated with the person’s physiology or assigned sex at 512 birth. 513 (c) “Sexual orientation” means a person’s heterosexuality, 514 homosexuality, or bisexuality. 515

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

part 516 may not harass or intimidate a tenant for the purpose of 517 coercing the tenant into terminating the rental agreement. 518

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

part 519 may not refuse to show the dwelling unit, either in person or 520 through photographs, to a prospective tenant until the 521 prospective tenant signs a rental agreement. 522

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(7) Unless otherwise required by law, a landlord of any 523 dwelling unit governed by this part may not inquire into or 524 consider a prospective tenant’s criminal history on a rental 525 application or rental agreement. A landlord may inquire into or 526 consider a prospective tenant’s criminal history only after the 527 landlord otherwise determines that the prospective tenant 528 otherwise qualifies to rent a dwelling unit. 529

(8) If a landlord requires a prospective tenant to complete 530 a rental application before residing in a dwelling unit, the 531 landlord may not charge an excessive rental application fee. If, 532 after a prospective tenant submits a rental application and 533 application fee, a dwelling unit is not available, the landlord 534 must refund the application fee to the prospective tenant. 535 (9)

(4) A landlord may shall not prohibit a tenant from 536 displaying one portable, removable, cloth or plastic United 537 States flag, not larger than 4 and 1/2 feet by 6 feet, in a 538 respectful manner in or on the dwelling unit regardless of any 539 provision in the rental agreement dealing with flags or 540 decorations. The United States flag shall be displayed in 541 accordance with s. 83.52(6). The landlord is not liable for 542 damages caused by a United States flag displayed by a tenant. 543 Any United States flag may not infringe upon the space rented by 544 any other tenant. 545 (10)

(5) A landlord of any dwelling unit governed by this 546 part may shall not remove the outside doors, locks, roof, walls, 547 or windows of the unit except for purposes of maintenance, 548 repair, or replacement; and the landlord may shall not remove 549 the tenant’s personal property from the dwelling unit unless 550 such action is taken after surrender, abandonment, recovery of 551

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 20 of 28 CODING: Words stricken are deletions; words underlined are additions. possession of the dwelling unit due to the death of the last 552 remaining tenant in accordance with s. 83.59(3)(d), or a lawful 553 eviction.

If provided in the rental agreement or a written 554 agreement separate from the rental agreement, upon surrender or 555 abandonment by the tenant, the landlord is not required to 556 comply with s. 715.104 and is not liable or responsible for 557 storage or disposition of the tenant’s personal property; if 558 provided in the rental agreement, there must be printed or 559 clearly stamped on such rental agreement a legend in 560 substantially the following form: 561 BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON 562 SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE 563 DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS 564 PROVIDED BY

CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT 565 BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE 566 TENANT’S PERSONAL PROPERTY. 567 For the purposes of this section, abandonment shall be as set 568 forth in s. 83.59(3)(c). 569 (11)

(6) A landlord who violates any provision of this 570

section is shall be liable to the tenant for actual and 571 consequential damages or 3 months’ rent, whichever is greater, 572 and costs, including attorney’s fees. Subsequent or repeated 573 violations that are not contemporaneous with the initial 574 violation are shall be subject to separate awards of damages. 575 (12)

(7) A violation of this

section constitutes irreparable 576 harm for the purposes of injunctive relief. 577 (13)

(8) The remedies provided by this

section are not 578 exclusive and do not preclude the tenant from pursuing any other 579 remedy at law or equity that the tenant may have. The remedies 580

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 21 of 28 CODING: Words stricken are deletions; words underlined are additions. provided by this

section shall also apply to a servicemember or 581 person who is a prospective tenant who has been discriminated 582 against under subsections (3) and (4) subsection (3). 583

Section

Section 83.675, Florida Statutes, is created to 584 read: 585 83.675 Tenant opportunity to purchase.— 586

(1) For purposes of this section, the term: 587 (a) “Bona fide offer of sale” means an offer for a price, 588 and, including other material terms, that is at least as 589 favorable as what would be accepted by a purchaser in an arm’s 590 length third-party contract, that is comparable to that at which 591 a willing seller and a willing buyer would sell and purchase the 592 dwelling unit or premises, or that is the appraised value. 593 (b) “Highest and best use” means the reasonable legal use 594 of a dwelling unit or the premises on which the dwelling unit is 595 located that is physically possible, appropriately supported, 596 and financially feasible and that results in the highest value 597 of the dwelling unit or premises. 598 (c) “Matter-of-right” means the appropriate land use, 599 development density, or building requirements of the dwelling 600 unit or premises under zoning regulations and law. 601

(2) Before a landlord may sell a dwelling unit or the 602 premises on which a dwelling unit is located or issue a notice 603 to vacate the dwelling unit or premises for purposes of 604 demolition or discontinuance of housing use, the landlord must 605 give the tenant an opportunity to purchase the dwelling unit or 606 the premises at a price and with material terms that represent a 607 bona fide offer of sale. 608

(3) A landlord shall provide the tenant a copy of the offer 609

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 22 of 28 CODING: Words stricken are deletions; words underlined are additions. of sale, in the preferred language of the tenant, by hand 610 delivery, e-mail, or certified mail. A landlord may not retain a 611 percentage of ownership in the dwelling unit or premises in the 612 offer of sale. 613

(4) The sales price contained in the offer of sale may not 614 be more than a price comparable to that at which a willing 615 seller and a willing buyer would sell and purchase the dwelling 616 unit or premises or the appraised value of the dwelling unit or 617 premises. 618

(5) The appraisal value shall be based on rights a landlord 619 has as a matter-of-right as of the date of the offer of sale, 620 including any existing right a landlord may have to convert the 621 dwelling unit or premises to another use. The appraisal value 622 may take into consideration the highest and best use of the 623 dwelling unit or premises. 624

(6) A tenant may challenge an offer of sale as not being a 625 bona fide offer of sale and request a determination of the 626 appraised value by an independent licensed appraiser, as defined 627 in s. 475.611, at the expense of the tenant, by providing 628 written notice to the landlord and the Division of Consumer 629 Services within the Department of Agriculture and Consumer 630 Services by hand delivery, electronic transmission, or certified 631 mail within 30 days after receipt of the offer of sale. 632

(7) The landlord has the burden of proof to establish that 633 an offer of sale under this

section is a bona fide offer of 634 sale. 635

Section

Section 83.676, Florida Statutes, is created to 636 read: 637 83.676 Early termination of rental agreement by a victim of 638

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 23 of 28 CODING: Words stricken are deletions; words underlined are additions. domestic violence, dating violence, sexual violence, or 639 stalking; lock changing.— 640

(1) As used in this section, the term: 641 (a) “Dating violence” has the same meaning as in s. 642 784.046. 643 (b) “Domestic violence” has the same meaning as in s. 644 741.28. 645 (c) “Sexual violence” has the same meaning as in s. 646 784.046. 647 (d) “Stalking” has the same meaning as in s. 784.048. 648

(2) A landlord may not terminate a rental agreement or 649 evict a tenant for an incident involving actual or threatened 650 domestic violence, dating violence, sexual violence, or stalking 651 if the tenant or the tenant’s minor child is the victim of such 652 actual or threatened violence or stalking. A rental agreement 653 may not include a provision deeming that early termination of a 654 rental agreement because of an incident involving actual or 655 threatened domestic violence, dating violence, sexual violence, 656 or stalking, in which the tenant or the tenant’s minor child is 657 a victim and not the perpetrator, is a breach of the rental 658 agreement. 659 (3)(

a) If a tenant or a tenant’s minor child is a victim of 660 actual or threatened domestic violence, dating violence, sexual 661 violence, or stalking during the term of a rental agreement, the 662 tenant may, without penalty, terminate the rental agreement at 663 any time by providing the landlord with written notice of the 664 tenant’s intent to terminate the rental agreement and to vacate 665 the premises because of such incident. The termination of the 666 rental agreement is effective immediately upon delivery of the 667

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 24 of 28 CODING: Words stricken are deletions; words underlined are additions. written notice and documentation specified in paragraph (b), if 668 applicable, to the landlord. 669 (

b) Unless the landlord notifies the tenant that 670 documentation is not needed, a notice of termination from the 671 tenant required under paragraph (

a) must be accompanied by 672 documentation verifying the tenant’s or the tenant’s minor 673 child’s status as a victim of actual or threatened domestic 674 violence, dating violence, sexual violence, or stalking and may 675 include: 676 1. A copy of an injunction for protection against domestic 677 violence, dating violence, sexual violence, or stalking issued 678 to the tenant as victim or as parent of a minor victim; 679 2.

A copy of an order of no contact or a criminal 680 conviction entered by a court in a criminal case in which the 681 defendant was charged with a crime relating to domestic 682 violence, dating violence, sexual violence, or stalking against 683 the tenant or the tenant’s minor child; 684 3. A written verification from a domestic violence center 685 certified under

chapter 39 or a rape crisis center as defined in 686 s. 794.055 which states that the tenant or the tenant’s minor 687 child is a victim of actual or threatened domestic violence, 688 dating violence, sexual violence, or stalking; or 689 4. A copy of a law enforcement report documenting an 690 incident of actual or threatened domestic violence, dating 691 violence, sexual violence, or stalking against the tenant or the 692 tenant’s minor child. 693 (

c) A notice of termination from the tenant required under 694 paragraph (

a) must be provided by certified mail or hand 695 delivery to the landlord, a person authorized to receive notices 696

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 25 of 28 CODING: Words stricken are deletions; words underlined are additions. on behalf of the landlord under s. 83.50, a resident manager, or 697 the person or entity that collects the rent on behalf of the 698 landlord. 699 (

d) If a rental agreement with a specific duration is 700 terminated by a tenant under this subsection less than 30 days 701 before the end of the rental agreement, the tenant is liable for 702 the rent for the remaining period of the rental agreement. If a 703 rental agreement with a specific duration is terminated by a 704 tenant under this subsection 30 or more days before the end of 705 the rental agreement, the tenant is liable for prorated rent for 706 a period of 30 days immediately following delivery of the notice 707 of termination.

After compliance with this paragraph, the tenant 708 is released from any further obligation to pay rent, 709 concessions, damages, fees, or penalties, and the landlord is 710 not entitled to the remedies provided in s. 83.595. 711 (

e) If a rental agreement is terminated by a tenant under 712 this subsection, the landlord must comply with s. 83.49(3). A 713 tenant who terminates a rental agreement under this subsection 714 does not forfeit any deposit money or advance rent paid to the 715 landlord. 716 (

f) This subsection does not affect a tenant’s liability 717 for unpaid rent or other amounts owed to the landlord before the 718 termination of the rental agreement under this subsection. 719 (

g) If the perpetrator of actual or threatened domestic 720 violence, dating violence, sexual violence, or stalking is also 721 a tenant under the same rental agreement as the tenant who is a 722 victim, or whose minor child is a victim, of such actual or 723 threatened violence or stalking, neither the perpetrator’s 724 liability for rent nor his or her other obligations under the 725

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 26 of 28 CODING: Words stricken are deletions; words underlined are additions. rental agreement are terminated under this subsection, and the 726 landlord is entitled to the rights and remedies provided by this 727 part against the perpetrator. 728 (4)(

a) A tenant or a tenant’s minor child who is a victim 729 of actual or threatened domestic violence, dating violence, 730 sexual violence, or stalking and who wishes to remain in the 731 dwelling unit may make a written request to the landlord 732 accompanied by any one of the documents listed in paragraph 733 (3)(b), and the landlord shall, within 24 hours after receipt of 734 the request, change the locks of the tenant’s dwelling unit and 735 provide the tenant with a key to the new locks. 736 (

b) If the landlord fails to change the locks within 24 737 hours, the tenant may change the locks without the landlord’s 738 permission, notwithstanding any contrary provision in the rental 739 agreement or other applicable rules or regulations imposed by 740 the landlord, if all of the following conditions have been met: 741 1. The locks are changed in like manner as if the landlord 742 had changed the locks, with locks of similar or better quality 743 than the original locks. 744 2. The landlord is notified within 24 hours after the 745 changing of the locks. 746 3. The landlord is provided a key to the new locks within a 747 reasonable time. 748 (

c) If the locks are changed under this subsection, the 749 landlord is not liable to any person who does not have access to 750 the dwelling unit. 751

(5) A landlord may not refuse to enter into a rental 752 agreement for a dwelling unit, refuse to negotiate for the 753 rental of a dwelling unit, make a dwelling unit unavailable, or 754

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 27 of 28 CODING: Words stricken are deletions; words underlined are additions. retaliate in the rental of a dwelling unit because: 755 (

a) The tenant, prospective tenant, or minor child of the 756 tenant or prospective tenant is a victim of actual or threatened 757 domestic violence, dating violence, sexual violence, or 758 stalking; or 759 (

b) The tenant or prospective tenant has previously 760 terminated a rental agreement because of an incident involving 761 actual or threatened domestic violence, dating violence, sexual 762 violence, or stalking in which the tenant, prospective tenant, 763 or minor child of the tenant or prospective tenant was a victim. 764 765 However, the landlord may refuse to enter into a rental 766 agreement, negotiate for the rental of a dwelling unit, or make 767 a dwelling unit available if the tenant or prospective tenant 768 fails to comply with the landlord’s request for documentation of 769 an incident of actual or threatened domestic violence, dating 770 violence, sexual violence, or stalking that occurred before 771 termination of a prior rental agreement.

A landlord’s request 772 for documentation is satisfied upon the tenant’s or prospective 773 tenant’s provision of any one of the documents listed in 774 paragraph (3)(b). 775

(6) All information provided to a landlord under 776 subsections (3), (4), and (5), including the fact that a tenant, 777 prospective tenant, or a tenant’s or prospective tenant’s minor 778 child is a victim of actual or threatened domestic violence, 779 dating violence, sexual violence, or stalking, and including the 780 tenant’s forwarding address, is confidential. The landlord may 781 not enter such information into any shared database or provide 782 the information to any other person or entity, except to the 783

Florida Senate - 2020 SB 1852 37-01434A-20 20201852__ Page 28 of 28 CODING: Words stricken are deletions; words underlined are additions. extent such disclosure is: 784 (

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

c) solely 785 for a legitimate business purpose; 786 (

b) Requested, or consented to, in writing by the tenant or 787 the tenant’s legal guardian; 788 (

c) Required for use in a judicial proceeding; or 789 (

d) Otherwise required by law. 790

(7) A tenant or prospective tenant, on his or her own 791 behalf or on behalf of his or her minor child, may file a civil 792 action against a landlord for a violation of this section. A 793 landlord who violates subsection (5) or subsection (6) is 794 civilly liable to the victim for $1,000 for punitive damages, 795 actual and consequential damages, and court costs, including 796 reasonable attorney fees, unless the landlord can show that this 797 was the landlord’s first violation and the violation was not 798 committed in bad faith. Subsequent or repeated violations that 799 are not contemporaneous with the initial violation are subject 800 to separate awards of damages. 801

(8) The provisions of this

section may not be waived or 802 modified by a rental agreement. 803

Section 13. This act shall take effect July 1, 2020. 804