F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1587 2022
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; requiring landlords to provide certain
5 information with rental agreements; amending s. 83.46,
6 F.S.; requiring a landlord to provide written notice
7 of a rent increase to a tenant by a specified time;
8 requiring such notice to include an option for
9 mediation under certain circumstances; amending s.
10 83.47, F.S.; providing that certain provisions in a
11 rental agreement are void and unenforceable; amending
12 s. 83.48, F.S.; providing that a tenant has a cause of
13 action for actual and punitive damages; 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; amending
20 s. 83.51, F.S.; requiring a landlord to inspect a
21 dwelling unit at a specified time to ensure compliance
22 with applicable codes; amending s. 83.54, F.S.;
23 requiring certain records be removed from a tenant's
24 credit report under certain circumstances; amending s.
25 83.56, F.S.; revising and providing grounds for
Page 1 of 37
CODING: Words stricken are deletions; words underlined are additions.
hb1587-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1587 2022
26 termination of a rental agreement; adjusting the
27 number of days a tenant has to vacate the premises
28 after a certain notice is delivered; providing that a
29 landlord may terminate a rental agreement if the
30 tenant fails to pay rent for a specified number of
31 days; amending s. 83.60, F.S.; deleting a requirement
32 that certain money be paid into the registry of the
33 court; amending s. 83.67, F.S.; prohibiting a landlord
34 from engaging in certain conduct; providing
35 definitions; conforming a cross-reference to changes
36 made by the act; creating s. 83.675, F.S.; providing
37 definitions; requiring a landlord to give tenants a
38 specified amount of time to purchase a dwelling unit
39 or premises under certain circumstances; providing
40 requirements for an offer of sale; authorizing a
41 tenant to challenge an offer of sale; creating s.
42 83.676, F.S.; providing definitions; prohibiting a
43 landlord from evicting a tenant or terminating a
44 rental agreement because the tenant or the tenant's
45 minor child is a victim of actual or threatened
46 domestic violence, dating violence, sexual violence,
47 or stalking; specifying that a rental agreement may
48 not contain certain provisions; authorizing a victim
49 of such actual or threatened violence or stalking to
50 terminate a rental agreement under certain
Page 2 of 37
CODING: Words stricken are deletions; words underlined are additions.
hb1587-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1587 2022
51 circumstances; requiring certain documentation and
52 written notice to landlord; providing for liability
53 for rent for both the tenant and the perpetrator, if
54 applicable; specifying that a tenant does not forfeit
55 certain money paid to the landlord for terminating the
56 rental agreement under certain circumstances;
57 requiring a landlord to change the locks of the
58 dwelling unit within a specified period under certain
59 circumstances; authorizing the tenant to change the
60 locks of the dwelling unit under certain
61 circumstances; prohibiting certain actions by a
62 landlord under certain circumstances; amending s.
63 83.681, F.S.; conforming provisions to changes made by
64 the act; creating s. 83.684, F.S.; tolling specified
65 time periods for certain evictions; requiring a court
66 to stay certain eviction proceedings; providing a
67 definition; prohibiting a landlord from evicting a
68 tenant or removing personal property under certain
69 circumstances; providing an effective date.
70
71 Be It Enacted by the Legislature of the State of Florida:
72
73 Section 1. Section 83.455, Florida Statutes, is created to
74 read:
75 83.455 Rental agreements.—
Page 3 of 37
CODING: Words stricken are deletions; words underlined are additions.
hb1587-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1587 2022
76 (1) Within 3 days after entering into, extending, or
77 renewing a rental agreement, a tenant must be provided a copy of
78 the rental agreement. The rental agreement must be written in
79 plain language and, at the tenant's request, translated into the
80 preferred language of the tenant.
81 (2) Notwithstanding any other provision of law, all rental
82 agreements entered into, extended, or renewed on or after July
83 1, 2022, must include the following provisions:
84 (a) Before a private sale or transfer of title of the
85 dwelling unit or the premises on which the dwelling unit is
86 located, a landlord must provide the tenant with the right of
87 first refusal to purchase the dwelling unit or premises as
88 provided under s. 83.675.
89 (b) If a landlord chooses not to extend or renew a rental
90 agreement, he or she must provide the tenant a written
91 explanation for such decision.
92 (c) If a tenant has occupied the dwelling unit or premises
93 for longer than 6 months, the landlord may not terminate the
94 rental agreement without just cause.
95 (d) A state of emergency declared by the President of the
96 United States, the Governor, or a local authority tolls any
97 statutory time periods relating to the eviction of a residential
98 tenant under part II of chapter 83, who lives within the
99 geographic boundaries of the state of emergency, during the
100 emergency declaration period. For purposes of this paragraph,
Page 4 of 37
CODING: Words stricken are deletions; words underlined are additions.
hb1587-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1587 2022
101 the term "emergency declaration period" includes the period of
102 time stated in the declaration of the state of emergency, and
103 any extensions thereof, and up to 15 days after the expiration
104 of such period of time.
105 (e) During a state of emergency declared by the President
106 of the United States, the Governor, or a local authority, a
107 tenant may install wind resistance improvements under s. 163.08,
108 to the dwelling unit.
109 Section 2. Subsection (4) is added to section 83.46,
110 Florida Statutes, to read:
111 83.46 Rent; duration of tenancies.—
112 (4) A landlord must provide to a tenant a written notice,
113 by certified mail or hand delivery, of a planned rent increase
114 at least 30 days before the rental agreement renewal period. If
115 the rent increase is more than 5 percent, the landlord must
116 provide notice, by certified mail or hand delivery, at least 3
117 months before the rental agreement renewal period. If the rent
118 increase is more than 5 percent, the notice must also contain a
119 statement that the tenant may elect to participate in nonbinding
120 mediation by providing written notice to the landlord, by
121 certified mail or hand delivery, within 14 days after receipt of
122 the notice of the rent increase. For a tenancy without a
123 specific duration, the landlord must provide written notice, by
124 certified mail or hand delivery, of a planned rent increase
125 within the timeframes provided in s. 83.57.
Page 5 of 37
CODING: Words stricken are deletions; words underlined are additions.
hb1587-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1587 2022
126 Section 3. Paragraph (c) is added to subsection (1) of
127 section 83.47, Florida Statutes, to read:
128 83.47 Prohibited provisions in rental agreements. —
129 (1) A provision in a rental agreement is void and
130 unenforceable to the extent that it:
131 (c) Purports that early termination of a rental agreement
132 because of an incident involving actual or threatened domestic
133 violence, dating violence, sexual violence, or stalking, in
134 which the tenant or the tenant's minor child is a victim and not
135 the perpetrator, is a breach of the rental agreement.
136 Section 4. Section 83.48, Florida Statutes, is amended to
137 read:
138 83.48 Cause of action; attorney fees.—
139 (1) A tenant specified in this chapter has a cause of
140 action in any court of competent jurisdiction to recover actual
141 and punitive damages for any violation of this part and for any
142 depravation or infringement of the rights of the tenant. A
143 tenant's guardian or the personal representative of a tenant's
144 estate may bring a cause of action under this part.
145 (2) In any civil action brought to enforce the provisions
146 of the rental agreement or this part, the party in whose favor a
147 judgment or decree has been rendered may recover reasonable
148 attorney fees and court costs from the nonprevailing party. The
149 right to attorney fees in this section may not be waived in a
150 lease agreement. However, attorney fees may not be awarded under
Page 6 of 37
CODING: Words stricken are deletions; words underlined are additions.
hb1587-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1587 2022
151 this section in a claim for personal injury damages based on a
152 breach of duty under s. 83.51.
153 Section 5. Subsections (1) through (3) and (5) through (9)
154 of section 83.49, Florida Statutes, are amended to read:
155 83.49 Deposit money or advance rent; duty of landlord and
156 tenant.—
157 (1) Whenever money is deposited or advanced by a tenant on
158 a rental agreement as security for performance of the rental
159 agreement or as advance rent for other than the next immediate
160 rental period, the landlord or the landlord's agent shall
161 either:
162 (a) Hold the total amount of such money in a separate non -
163 interest-bearing account in a Florida banking institution for
164 the benefit of the tenant or tenants. The landlord shall not
165 commingle such moneys with any other funds of the landlord or
166 hypothecate, pledge, or in any other way make use of such moneys
167 until such moneys are actually due the landlord;
168 (a)(b) Hold the total amount of such money in a separate
169 interest-bearing account in a Florida banking institution for
170 the benefit of the tenant or tenants, in which case the tenant
171 shall receive and collect interest in an amount of at least 75
172 percent of the annualized average interest rate payable on such
173 account or interest at the rate of 5 percent at the end of the
174 calendar per year, simple interest, whichever the landlord
175 elects. The landlord may shall not commingle such moneys with
Page 7 of 37
CODING: Words stricken are deletions; words underlined are additions.
hb1587-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1587 2022
176 any other funds of the landlord or hypothecate, pledge, or in
177 any other way make use of such moneys until such moneys are
178 actually due the landlord; or
179 (b)(c) Post a surety bond, executed by the landlord as
180 principal and a surety company authorized and licensed to do
181 business in the state as surety, with the clerk of the circuit
182 court in the county in which the dwelling unit is located in the
183 total amount of the security deposits and advance rent he or she
184 holds on behalf of the tenant tenants or $50,000, whichever is
185 less. The bond is shall be conditioned upon the faithful
186 compliance of the landlord with the provisions of this section
187 and runs shall run to the Governor for the benefit of any tenant
188 injured by the landlord's violation of the provisions of this
189 section. In addition to posting the surety bond, the landlord
190 shall pay to the tenant interest at the rate of 5 percent per
191 year, simple interest. A landlord, or the landlord's agent,
192 engaged in the renting of dwelling units in five or more
193 counties, who holds deposit moneys or advance rent and who is
194 otherwise subject to the provisions of this section, may, in
195 lieu of posting a surety bond in each county, elect to post a
196 surety bond in the form and manner provided in this paragraph
197 with the office of the Secretary of State. The bond shall be in
198 the total amount of the security deposit or advance rent held on
199 behalf of the tenant tenants or in the amount of $250,000,
200 whichever is less. The bond is shall be conditioned upon the
Page 8 of 37
CODING: Words stricken are deletions; words underlined are additions.
hb1587-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1587 2022
201 faithful compliance of the landlord with the provisions of this
202 section and runs shall run to the Governor for the benefit of
203 any tenant injured by the landlord's violation of this section.
204 In addition to posting a surety bond, the landlord shall pay to
205 the tenant interest on the security deposit or advance rent held
206 on behalf of that tenant at the rate of 5 percent per year ,
207 simple interest.
208 (2) The landlord shall, in the rental lease agreement or
209 within 30 days after receipt of advance rent or a security
210