Florida Senate - 2022 SB 1620



By Senator Jones





35-01497-22 20221620__
1 A bill to be entitled
2 An act relating to residential tenancies; creating s.
3 83.455, F.S.; providing requirements for rental
4 agreements; defining the term “emergency declaration
5 period”; amending s. 83.46, F.S.; requiring a landlord
6 to provide written notice of a rent increase to a
7 tenant by a specified time; requiring such notice to
8 include an option for mediation under certain
9 circumstances; amending s. 83.47, F.S.; providing that
10 certain provisions in a rental agreement are void and
11 unenforceable; amending s. 83.48, F.S.; providing that
12 a tenant has a cause of action for actual and punitive
13 damages under certain circumstances; providing that
14 certain persons can bring a cause of action on behalf
15 of a tenant; amending s. 83.49, F.S.; deleting the
16 option for a landlord to deposit certain money into a
17 non-interest-bearing account; revising written notice
18 requirements to tenants; providing for damages if a
19 landlord fails to meet certain requirements; making
20 technical changes; amending s. 83.51, F.S.; requiring
21 a landlord to inspect a dwelling unit at a specified
22 time to ensure compliance with applicable codes;
23 amending s. 83.54, F.S.; requiring a court to dismiss
24 eviction complaints in certain actions under specified
25 circumstances; requiring a landlord to assist a tenant
26 in having certain records removed from the tenant’s
27 credit report under certain circumstances; amending s.
28 83.56, F.S.; revising and providing grounds for
29 termination of a rental agreement; adjusting the
30 number of days a tenant has to vacate the premises
31 after a certain notice is delivered; revising when a
32 landlord may terminate a rental agreement if the
33 tenant fails to pay rent; amending s. 83.60, F.S.;
34 removing a provision that waives a tenant’s defenses
35 other than payment and entitles a landlord to an
36 immediate default judgment for removal of a tenant if
37 the tenant fails to take certain actions in an action
38 by the landlord for possession of a dwelling unit;
39 amending s. 83.67, F.S.; prohibiting a landlord from
40 engaging in certain conduct; defining terms;
41 conforming a provision to changes made by the act;
42 creating s. 83.675, F.S.; defining terms; requiring a
43 landlord to give tenants a specified amount of time to
44 purchase a dwelling unit or premises under certain
45 circumstances; providing requirements for an offer of
46 sale; authorizing a tenant to challenge an offer of
47 sale; creating s. 83.676, F.S.; defining terms;
48 prohibiting a landlord from terminating a rental
49 agreement or evicting a tenant because the tenant or
50 the tenant’s minor child is a victim of actual or
51 threatened domestic violence, dating violence, sexual
52 violence, or stalking; specifying that a rental
53 agreement may not contain certain provisions;
54 authorizing a victim of such actual or threatened
55 violence or stalking to terminate a rental agreement
56 under certain circumstances; requiring certain
57 documentation and written notice to the landlord;
58 providing an exception; specifying that a tenant does
59 not forfeit certain money paid to the landlord for
60 terminating the rental agreement under certain
61 circumstances; providing for liability for rent for
62 both the tenant and the perpetrator, if applicable;
63 requiring a landlord to change the locks of the
64 dwelling unit within a specified period under certain
65 circumstances; authorizing the tenant to change the
66 locks of the dwelling unit under certain
67 circumstances; prohibiting certain actions by a
68 landlord under certain circumstances; providing an
69 exception; specifying that certain information a
70 landlord receives is confidential; prohibiting the
71 landlord from using the confidential information in a
72 specified manner; providing exceptions; providing a
73 civil remedy for a tenant and the award of certain
74 damages, costs, and fees under certain circumstances;
75 specifying that certain provisions may not be waived
76 or modified by a rental agreement; amending s. 83.681,
77 F.S.; conforming provisions to changes made by the
78 act; creating s. 83.684, F.S.; tolling specified time
79 periods for certain evictions; requiring a court to
80 stay certain eviction proceedings; defining the term
81 “emergency declaration period”; prohibiting a landlord
82 from evicting a tenant or removing personal property
83 under certain circumstances; providing an effective
84 date.
85
86 Be It Enacted by the Legislature of the State of Florida:
87
88 Section 1. Section 83.455, Florida Statutes, is created to
89 read:
90 83.455 Rental agreements.—
91 (1) Within 3 days after entering into, extending, or
92 renewing a rental agreement, a tenant must be provided a copy of
93 the rental agreement. The rental agreement must be written in
94 plain language and, at the tenant’s request, translated into the
95 preferred language of the tenant.
96 (2) Notwithstanding any other law, all rental agreements
97 entered into, extended, or renewed on or after July 1, 2022,
98 must include the following provisions:
99 (a) Before a private sale or transfer of title of the
100 dwelling unit or the premises on which the dwelling unit is
101 located, a landlord must provide the tenant with the right of
102 first refusal to purchase the dwelling unit or premises as
103 provided under s. 83.675.
104 (b) If a landlord chooses not to extend or renew a rental
105 agreement, he or she must provide the tenant a written
106 explanation for such decision.
107 (c) If a tenant has occupied the dwelling unit or premises
108 for longer than 6 months, the landlord may not terminate the
109 rental agreement without just cause.
110 (d) A state of emergency declared by the President of the
111 United States, the Governor, or a local authority tolls any
112 statutory time periods relating to the eviction of a residential
113 tenant under this part who lives within the geographic
114 boundaries of the state of emergency during the emergency
115 declaration period. For purposes of this paragraph, the term
116 “emergency declaration period” includes the period of time
117 stated in the declaration of the state of emergency, any
118 extensions thereof, and up to 15 days after the expiration of
119 such period of time.
120 (e) During a state of emergency declared by the President
121 of the United States, the Governor, or a local authority, a
122 tenant may install wind resistance improvements under s. 163.08
123 at the dwelling unit.
124 Section 2. Subsection (4) is added to section 83.46,
125 Florida Statutes, to read:
126 83.46 Rent; duration of tenancies.—
127 (4) A landlord must provide to a tenant a written notice,
128 by certified mail or hand delivery, of a planned rent increase
129 at least 30 days before the date a rental agreement is required
130 to be renewed. If the rent increase is more than 5 percent, the
131 landlord must provide notice, by certified mail or hand
132 delivery, at least 3 months before such date. If the rent
133 increase is more than 5 percent, the notice must also contain a
134 statement that the tenant may elect to participate in nonbinding
135 mediation by providing written notice to the landlord, by
136 certified mail or hand delivery, within 14 days after receipt of
137 the notice of the rent increase. For a tenancy without a
138 specific duration, the landlord must provide written notice, by
139 certified mail or hand delivery, of a planned rent increase
140 within the timeframes provided in s. 83.57.
141 Section 3. Paragraph (c) is added to subsection (1) of
142 section 83.47, Florida Statutes, to read:
143 83.47 Prohibited provisions in rental agreements.—
144 (1) A provision in a rental agreement is void and
145 unenforceable to the extent that it:
146 (c) Purports that early termination of a rental agreement
147 because of an incident involving actual or threatened domestic
148 violence, dating violence, sexual violence, or stalking, in
149 which the tenant or the tenant’s minor child is a victim and not
150 the perpetrator, is a breach of the rental agreement.
151 Section 4. Section 83.48, Florida Statutes, is amended to
152 read:
153 83.48 Cause of action; attorney fees.—
154 (1) A tenant specified in this chapter has a cause of
155 action in any court of competent jurisdiction to recover actual
156 and punitive damages for any violation of this part and for any
157 depravation or infringement of the rights of the tenant. A
158 tenant’s guardian or the personal representative of a tenant’s
159 estate may bring a cause of action under this part.
160 (2) In any civil action brought to enforce the provisions
161 of the rental agreement or this part, the party in whose favor a
162 judgment or decree has been rendered may recover reasonable
163 attorney fees and court costs from the nonprevailing party. The
164 right to attorney fees in this section may not be waived in a
165 lease agreement. However, attorney fees may not be awarded under
166 this section in a claim for personal injury damages based on a
167 breach of duty under s. 83.51.
168 Section 5. Subsections (1), (2), (3), and (5) through (9)
169 of section 83.49, Florida Statutes, are amended to read:
170 83.49 Deposit money or advance rent; duty of landlord and
171 tenant.—
172 (1) Whenever money is deposited or advanced by a tenant on
173 a rental agreement as security for performance of the rental
174 agreement or as advance rent for other than the next immediate
175 rental period, the landlord or the landlord’s agent shall
176 either:
177 (a) Hold the total amount of such money in a separate non
178 interest-bearing account in a Florida banking institution for
179 the benefit of the tenant or tenants. The landlord shall not
180 commingle such moneys with any other funds of the landlord or
181 hypothecate, pledge, or in any other way make use of such moneys
182 until such moneys are actually due the landlord;
183 (b) Hold the total amount of such money in a separate
184 interest-bearing account in a Florida banking institution for
185 the benefit of the tenant or tenants, in which case the tenant
186 shall receive and collect interest in an amount of at least 75
187 percent of the annualized average interest rate payable on such
188 account or interest at the rate of 5 percent at the end of the
189 calendar per year, simple interest, whichever the landlord
190 elects. The landlord may shall not commingle such moneys with
191 any other funds of the landlord or hypothecate, pledge, or in
192 any other way make use of such moneys until such moneys are
193 actually due the landlord; or
194 (b)(c) Post a surety bond, executed by the landlord as
195 principal and a surety company authorized and licensed to do
196 business in the state as surety, with the clerk of the circuit
197 court in the county in which the dwelling unit is located in the
198 total amount of the security deposits and advance rent he or she
199 holds on behalf of the tenant tenants or $50,000, whichever is
200 less. The bond is shall be conditioned upon the faithful
201 compliance of the landlord with the provisions of this section
202 and runs shall run to the Governor for the benefit of any tenant
203 injured by the landlord’s violation of the provisions of this
204 section. In addition to posting the surety bond, the landlord
205 shall pay to the tenant interest at the rate of 5 percent per
206 year, simple interest. A landlord, or the landlord’s agent,
207 engaged in the renting of dwelling units in five or more
208 counties, who holds deposit moneys or advance rent and who is
209 otherwise subject to the provisions of this section, may, in
210 lieu of posting a surety bond in each county, elect to post a
211 surety bond in the form and manner provided in this paragraph
212 with the office of the Secretary of State. The bond shall be in
213 the total amount of the security deposit or advance rent held on
214 behalf of the tenant tenants or in the amount of $250,000,
215 whichever is less. The bond is shall be conditioned upon the
216 faithful compliance of the landlord with the provisions of this
217 section and runs shall run to the Governor for the benefit of
218 any tenant injured by the landlord’s violation of this section.
219 In addition to posting a surety bond, the landlord shall pay to
220 the tenant interest on the security deposit or advance rent held
221 on behalf of that tenant at the rate of 5 percent per year,
222 simple interest.
223 (2) The landlord shall, in the rental lease agreement or
224 within 30 days after receipt of advance rent or a security
225 deposit, give written notice to the tenant which includes
226 disclosure of the advance rent or security deposit. Subsequent
227 to providing such written notice, if the landlord changes the
228 manner or location in which he or she is holding the advance
229 rent or security deposit, he or she must notify the tenant
230 within 30 days after the change as provided in paragraphs (a)
231 (d). The landlord is not required to give new or additional
232 notice solely because the depository has merged with another
233 financial institution, changed its name, or transferred
234 ownership to a different financial institution. This subsection
235 does not apply to any landlord who rents fewer than five
236 individual dwelling units. Failure to give this notice is not a
237 defense to the payment of rent when due. The written notice
238 must:
239 (a) Be given in person or by mail to the tenant.
240 (b) State the name and address of the depository where the
241 advance rent or security deposit is being held or state that the
242 landlord has posted a surety bond as provided by law.
243 (c) State that whether the tenant is entitled to interest
244 on the advance rent or security deposit and the amount of the
245 interest.
246 (d) Contain the following disclosure:
247
248 YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF
249 CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE
250 RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND
251 WITHOUT NOTICE. WHEN YOU MOVE OUT, YOU MUST GIVE THE
252 LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN
253 SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD
254 MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE
255 OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM
256 AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE
257 LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15
258 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE
259 LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE
260 REMAINING DEPOSIT AND INTEREST, IF ANY.
261
262 IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE
263 LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A
264 LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY
265 OBJECT TO A CLAIM, THE LANDLORD MAY COLLECT FROM THE
266 DEPOSIT, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A
267 REFUND.
268
269 YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
270 BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
271 FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND
272 ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
273
274 THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF
275 CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL
276 RIGHTS AND OBLIGATIONS.
277
278 (3) The landlord or the landlord’s agent may disburse
279 advance rents from the deposit account to the landlord’s benefit
280 when the advance rental period commences and without notice to
281 the tenant. For all other deposits:
282 (a) Upon the vacating of the premises for termination of
283 the rental agreement lease, if the landlord does not intend to
284 impose a claim on the security deposit, the landlord shall have
285 15 days to return the security deposit together with interest
286