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 1407 2023
1 A bill to be entitled
2 An act relating to housing; providing a short title;
3 creating s. 20.71, F.S.; creating the Department of
4 Housing and Tenant Rights as a new department of state
5 government; providing for the secretary of the
6 Department of Housing and Tenant Rights to be
7 appointed by the Governor and confirmed by the Senate;
8 providing the purpose of the department; requiring a
9 report on the implementation of an empty homes tax be
10 provided to the Governor and Legislature by a
11 specified date; providing government reorganization
12 for certain chapters of law; amending s. 83.43, F.S.;
13 revising definitions; creating s. 83.455, F.S.;
14 providing requirements for rental agreements;
15 requiring landlords to provide certain information
16 with rental agreements; amending s. 83.46, F.S.;
17 requiring that a landlord provide written notice of a
18 rent increase to a tenant by a specified time;
19 requiring such notice to include an option for
20 mediation under certain circumstances; amending s.
21 83.47, F.S.; providing that certain provisions in a
22 rental agreement are void and unenforceable; amending
23 s. 83.49, F.S.; removing the option for a landlord to
24 deposit certain money into a non-interest-bearing
25 account; revising written notice requirements to
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HB 1407 2023
26 tenants; providing for damages if a landlord fails to
27 meet certain requirements; amending s. 83.51, F.S.;
28 requiring a landlord to inspect a dwelling unit at a
29 specified time to ensure compliance with applicable
30 codes; amending s. 83.54, F.S.; requiring certain
31 records be removed from a tenant's credit report under
32 certain circumstances; amending s. 83.56, F.S.;
33 revising and specifying grounds for termination of a
34 rental agreement; requiring landlords to provide
35 certain tenants a specified amount of time to vacate
36 the premises after delivery of a notice to terminate
37 the rental agreement before bringing a specified
38 action; conforming provisions to changes made by the
39 act; conforming a cross-reference; amending s. 83.60,
40 F.S.; removing a requirement that certain money be
41 paid into the registry of the court; creating s.
42 83.626, F.S.; authorizing tenants and mobile home
43 owners who are defendants in certain eviction
44 proceedings to file a motion with the court to have
45 the records of such proceedings sealed and to have
46 their names substituted on the progress docket under
47 certain conditions; providing applicability; requiring
48 the court to grant such motions if certain
49 requirements are met; authorizing that such relief be
50 granted only once; requiring tenants and mobile home
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51 owners to submit a specified sworn statement under
52 penalty of perjury with their motion; requiring the
53 court to substitute a defendant's name on the progress
54 docket if a judgment is entered in favor of the
55 defendant; providing exceptions; providing retroactive
56 applicability; amending s. 83.63, F.S.; conforming a
57 cross-reference; amending s. 83.67, F.S.; prohibiting
58 a landlord from engaging in certain conduct; providing
59 definitions; conforming a cross-reference to changes
60 made by the act; creating s. 83.675, F.S.; providing
61 definitions; requiring a landlord to give tenants the
62 opportunity to purchase the dwelling unit or premises
63 under certain circumstances; providing requirements
64 for an offer of sale; authorizing a tenant to
65 challenge an offer of sale; creating s. 83.676, F.S.;
66 providing definitions; prohibiting a landlord from
67 evicting a tenant or terminating a rental agreement
68 because the tenant or the tenant's minor child is a
69 victim of actual or threatened domestic violence,
70 dating violence, sexual violence, or stalking;
71 specifying that a rental agreement may not contain
72 certain provisions; authorizing a victim of such
73 actual or threatened violence or stalking to terminate
74 a rental agreement under certain circumstances;
75 requiring certain documentation and written notice to
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76 landlord; providing for liability for rent for both
77 the tenant and the perpetrator, if applicable;
78 specifying that a tenant does not forfeit certain
79 money paid to the landlord for terminating the rental
80 agreement under certain circumstances; requiring a
81 landlord to change the locks of the dwelling unit
82 within a specified period under certain circumstances;
83 authorizing the tenant to change the locks of the
84 dwelling unit under certain circumstances; prohibiting
85 certain actions by a landlord under certain
86 circumstances; authorizing filing of a civil action
87 and an award of damages, fees, and costs under certain
88 circumstances; prohibiting the waiver of certain
89 provisions; amending ss. 125.0103, and 166.043, F.S.;
90 removing provisions that require local government
91 measures that impose rent controls to expire within a
92 specified time period unless they are extended or
93 renewed in accordance with law; conforming cross-
94 references; amending s. 163.31801, F.S.; authorizing
95 local governments and special districts to adopt a
96 specified impact fee; requiring that the revenue
97 generated from such impact fee be used for a specified
98 purpose; creating s. 201.025, F.S.; providing the
99 amount of documentary stamp tax imposed on purchases
100 of certain property by certain entities; requiring
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101 revenue generated by such tax to be deposited into the
102 Florida Affordable Housing Trust Fund; providing
103 exceptions; providing an effective date.
104
105 Be It Enacted by the Legislature of the State of Florida:
106
107 Section 1. This act shall be cited as the "Keep Floridians
108 Housed Act."
109 Section 2. Section 20.71, Florida Statutes, is created to
110 read:
111 20.71 Department of Housing and Tenant Rights.—
112 (1) There is created the Department of Housing and Tenant
113 Rights.
114 (2) The head of the department is the secretary, who shall
115 be appointed by the Governor, subject to confirmation by the
116 Senate. The secretary shall serve at the pleasure of and report
117 to the Governor. The secretary may appoint deputy and assistant
118 secretaries as necessary to aid the secretary in fulfilling his
119 or her statutory obligations. The secretary may create offices
120 or divisions within the department to promote efficient and
121 effective operation of the department.
122 (3) The purpose of the department is to assist the
123 Governor in working with the Legislature, state agencies, and
124 other interested entities to formulate and implement coherent
125 and consistent policies and strategies designed to combat
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126 affordable housing and homelessness issues in the state; assist
127 with housing and urban development; and perpetuate amicable
128 landlord-tenant relationships.
129 (4) The department shall, by January 1, 2024, conduct
130 research and submit a report to the Governor, the President of
131 the Senate, and the Speaker of the House of Representatives on a
132 cost-benefit analysis of implementing an empty homes tax.
133 (5) The department shall take over the role of state
134 government from other departments that currently administer
135 chapter 83 and chapters 419-423.
136 Section 3. Subsections (4) and (6) of section 83.43,
137 Florida Statutes, are amended to read:
138 83.43 Definitions.—As used in this part, the following
139 words and terms shall have the following meanings unless some
140 other meaning is plainly indicated:
141 (4) "Tenant" means any person entitled to occupy a
142 dwelling unit or property held out for the use of tenants
143 generally under a rental agreement.
144 (6) "Rent" means the periodic payments due the landlord
145 from the tenant for occupancy under a rental agreement and any
146 other payments due the landlord from the tenant as may be
147 designated as rent in a written rental agreement. The term does
148 not include deposit money, security deposits, late fees, early
149 termination fees, liquidated damages, or any other charge or fee
150 even if the charge or fee is designated as rent in a written
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151 rental agreement.
152 Section 4. Section 83.455, Florida Statutes, is created to
153 read:
154 83.455 Rental agreements.—
155 (1) Immediately after entering into, extending, or
156 renewing a rental agreement, the tenant must be provided a copy
157 of the rental agreement. The rental agreement must be wr itten in
158 plain language and, at the tenant's request, translated into the
159 preferred language of the tenant.
160 (2) Notwithstanding any other provision of law, all rental
161 agreements entered into, extended, or renewed on or after July
162 1, 2023, must include the following provisions:
163 (a) Before a private sale or transfer of title of the
164 dwelling unit or the premises on which the dwelling unit is
165 located, the landlord must provide the tenant with the right of
166 first refusal to purchase the dwelling unit or premises as
167 provided under s. 83.675.
168 (b) If a landlord chooses not to extend or renew a rental
169 agreement, he or she must provide the tenant 60 days' notice of
170 his or her decision and provide a written explanation for such
171 decision.
172 (c) If a rental agreement provision authorizes termination
173 of the rental agreement by the landlord without cause, such
174 provision must require the landlord to provide the tenant just
175 compensation and comprehensive relocation assistance.
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176 (d) A landlord may not terminate a tenancy for cause
177 during a state of emergency declared by the Governor under
178 chapter 252.
179 (e) During a state of emergency declared by the Governor
180 under chapter 252, a tenant may install wind resistance
181 improvements, as defined in s. 163.08(2)(b)3., to the dwel ling
182 unit at the tenant's expense.
183 (f) A landlord may not terminate a tenancy because a
184 tenant establishes, attempts to establish, or participates in a
185 tenant organization.
186 Section 5. Subsection (4) is added to section 83.46,
187 Florida Statutes, to read:
188 83.46 Rent; duration of tenancies.—
189 (4) A landlord must provide to a tenant a written notice,
190 by certified mail or hand delivery, of a planned rent increase
191 at least 60 days before the rental agreement renewal period. If
192 the rent increase is more than 5 percent, the landlord must
193 provide notice, by certified mail or hand delivery, at least 3
194 months before the rental agreement renewal period. If the rent
195 increase is more than 5 percent, the notice must also contain a
196 statement that the tenant may elect to participate in nonbinding
197 mediation, at the expense of the tenant, by providing written
198 notice to the landlord, by certified mail or hand delivery,
199 within 14 days after receipt of the notice of the rent increase.
200 For a tenancy without a specific duration, the landlord must
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201 provide written notice, by certified mail or hand delivery, of a
202 planned rent increase within the timeframes provided in s.
203 83.57.
204 Section 6. Paragraph (c) is added to subsection (1) of
205 section 83.47, Florida Statutes, to read:
206 83.47 Prohibited provisions in rental agreements. —
207 (1) A provision in a rental agreement is void and
208 unenforceable to the extent that it:
209 (c) Purports that early termination of a rental agreement
210 because of an incident involving actual or threatened d omestic
211 violence, dating violence, sexual violence, or stalking, in
212 which the tenant or the