Bill Summary – FastDemocracy

       Florida Senate - 2023                                    SB 1658
       
       
        
       By Senator Torres
       
       
       
       
       
       25-01806A-23                                          20231658__
                      A bill to be entitled                      
       An act relating to housing; providing a short title;
       creating s. 20.71, F.S.; creating the Department of
       Housing and Tenant Rights as a new department of state
       government; providing for the secretary of the
       department to be appointed by the Governor and
       confirmed by the Senate; providing the purpose of the
       department; requiring a report on the implementation
       of an empty homes tax be provided to the Governor and
       Legislature by a specified date; providing government
       reorganization for certain chapters of law; amending
       s. 83.43, F.S.; revising definitions; creating s.
       83.455, F.S.; providing requirements for rental
       agreements; requiring landlords to provide certain
       information with rental agreements; amending s. 83.46,
       F.S.; requiring that a landlord provide written notice
       of a rent increase to a tenant by a specified time;
       requiring such notice to include an option for
       mediation under certain circumstances; amending s.
       83.47, F.S.; providing that certain provisions in a
       rental agreement are void and unenforceable; amending
       s. 83.49, F.S.; removing the option for a landlord to
       deposit certain money into a non-interest-bearing
       account; revising written notice requirements to
       tenants; providing for damages if a landlord fails to
       meet certain requirements; amending s. 83.51, F.S.;
       requiring a landlord to inspect a dwelling unit at a
       specified time to ensure compliance with applicable
       codes; amending s. 83.54, F.S.; requiring certain
       records be removed from a tenant’s credit report under
       certain circumstances; amending s. 83.56, F.S.;
       revising and specifying grounds for termination of a
       rental agreement; requiring landlords to provide
       certain tenants a specified amount of time to vacate
       the premises after delivery of a notice to terminate
       the rental agreement before bringing a specified
       action; conforming provisions to changes made by the
       act; conforming a cross-reference; amending s. 83.60,
       F.S.; removing a requirement that certain money be
       paid into the registry of the court; creating s.
       83.626, F.S.; authorizing tenants and mobile home
       owners who are defendants in certain eviction
       proceedings to file a motion with the court to have
       the records of such proceedings sealed and to have
       their names substituted on the progress docket under
       certain conditions; providing applicability; requiring
       the court to grant such motions if certain
       requirements are met; authorizing that such relief be
       granted only once; requiring tenants and mobile home
       owners to submit a specified sworn statement under
       penalty of perjury with their motion; requiring the
       court to substitute a defendant’s name on the progress
       docket if a judgment is entered in favor of the
       defendant; providing exceptions; providing retroactive
       applicability; amending s. 83.63, F.S.; conforming a
       cross-reference; amending s. 83.67, F.S.; prohibiting
       a landlord from engaging in certain conduct; providing
       definitions; conforming a cross-reference to changes
       made by the act; creating s. 83.675, F.S.; providing
       definitions; requiring a landlord to give tenants the
       opportunity to purchase the dwelling unit or premises
       under certain circumstances; providing requirements
       for an offer of sale; authorizing a tenant to
       challenge an offer of sale; creating s. 83.676, F.S.;
       providing definitions; prohibiting a landlord from
       evicting a tenant or terminating a rental agreement
       because the tenant or the tenant’s minor child is a
       victim of actual or threatened domestic violence,
       dating violence, sexual violence, or stalking;
       specifying that a rental agreement may not contain
       certain provisions; authorizing a victim of such
       actual or threatened violence or stalking to terminate
       a rental agreement under certain circumstances;
       requiring certain documentation and written notice to
       landlord; providing for liability for rent for both
       the tenant and the perpetrator, if applicable;
       specifying that a tenant does not forfeit certain
       money paid to the landlord for terminating the rental
       agreement under certain circumstances; requiring a
       landlord to change the locks of the dwelling unit
       within a specified period under certain circumstances;
       authorizing the tenant to change the locks of the
       dwelling unit under certain circumstances; prohibiting
       certain actions by a landlord under certain
       circumstances; authorizing filing of a civil action
       and an award of damages, fees, and costs under certain
       circumstances; prohibiting the waiver of certain
       provisions; amending ss. 125.0103, and 166.043, F.S.;
       removing provisions that require local government
       measures that impose rent controls to expire within a
       specified time period unless they are extended or
       renewed in accordance with law; conforming cross
       references; amending s. 163.31801, F.S.; authorizing
       local governments and special districts to adopt a
       specified impact fee; requiring that the revenue
       generated from such impact fee be used for a specified
       purpose; creating s. 201.025, F.S.; providing the
       amount of documentary stamp tax imposed on purchases
       of certain property by certain entities; requiring
       revenue generated by such tax to be deposited into the
       Florida Affordable Housing Trust Fund; providing
       exceptions; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. This act shall be cited as the “Keep Floridians
Housed Act.”
       Section 2. Section 20.71, Florida Statutes, is created to
read:
       20.71 Department of Housing and Tenant Rights.—
       (1) There is created the Department of Housing and Tenant
Rights.
       (2) The head of the department is the secretary, who shall
be appointed by the Governor, subject to confirmation by the
Senate. The secretary shall serve at the pleasure of and report
to the Governor. The secretary may appoint deputy and assistant
secretaries as necessary to aid the secretary in fulfilling his
or her statutory obligations. The secretary may create offices
or divisions within the department to promote efficient and
effective operation of the department.
       (3) The purpose of the department is to assist the Governor
in working with the Legislature, state agencies, and other
interested entities to formulate and implement coherent and
consistent policies and strategies designed to combat affordable
housing and homelessness issues in the state; assist with
housing and urban development; and perpetuate amicable landlord
tenant relationships.
       (4) The department shall, by January 1, 2024, conduct
research and submit a report to the Governor, the President of
the Senate, and the Speaker of the House of Representatives on a
cost-benefit analysis of implementing an empty homes tax.
       (5) The department shall take over the role of state
government from other departments that currently administer
chapter 83 and chapters 419-423.
       Section 3. Subsections (4) and (6) of section 83.43,
Florida Statutes, are amended to read:
       83.43 Definitions.—As used in this part, the following
words and terms shall have the following meanings unless some
other meaning is plainly indicated:
       (4) “Tenant” means any person entitled to occupy a dwelling
unit or property held out for the use of tenants generally under
a rental agreement.
       (6) “Rent” means the periodic payments due the landlord
from the tenant for occupancy under a rental agreement and any
other payments due the landlord from the tenant as may be
designated as rent in a written rental agreement. The term does
not include deposit money, security deposits, late fees, early
termination fees, liquidated damages, or any other charge or fee
even if the charge or fee is designated as rent in a written
rental agreement.
       Section 4. Section 83.455, Florida Statutes, is created to
read:
       83.455 Rental agreements.—
       (1) Immediately after entering into, extending, or renewing
a rental agreement, the tenant must be provided a copy of the
rental agreement. The rental agreement must be written in plain
language and, at the tenant’s request, translated into the
preferred language of the tenant.
       (2) Notwithstanding any other provision of law, all rental
agreements entered into, extended, or renewed on or after July
1, 2023, must include the following provisions:
       (a) Before a private sale or transfer of title of the
dwelling unit or the premises on which the dwelling unit is
located, the landlord must provide the tenant with the right of
first refusal to purchase the dwelling unit or premises as
provided under s. 83.675.
       (b) If a landlord chooses not to extend or renew a rental
agreement, he or she must provide the tenant 60 days’ notice of
his or her decision and provide a written explanation for such
decision.
       (c) If a rental agreement provision authorizes termination
of the rental agreement by the landlord without cause, such
provision must require the landlord to provide the tenant just
compensation and comprehensive relocation assistance.
       (d) A landlord may not terminate a tenancy for cause during
a state of emergency declared by the Governor under chapter 252.
       (e) During a state of emergency declared by the Governor
under chapter 252, a tenant may install wind resistance
improvements, as defined in s. 163.08(2)(b)3., to the dwelling
unit at the tenant’s expense.
       (f) A landlord may not terminate a tenancy because a tenant
establishes, attempts to establish, or participates in a tenant
organization.
       Section 5. Subsection (4) is added to section 83.46,
Florida Statutes, to read:
       83.46 Rent; duration of tenancies.—
       (4) A landlord must provide to a tenant a written notice,
by certified mail or hand delivery, of a planned rent increase
at least 60 days before the rental agreement renewal period. If
the rent increase is more than 5 percent, the landlord must
provide notice, by certified mail or hand delivery, at least 3
months before the rental agreement renewal period. If the rent
increase is more than 5 percent, the notice must also contain a
statement that the tenant may elect to participate in nonbinding
mediation, at the expense of the tenant, by providing written
notice to the landlord, by certified mail or hand delivery,
within 14 days after receipt of the notice of the rent increase.
For a tenancy without a specific duration, the landlord must
provide written notice, by certified mail or hand delivery, of a
planned rent increase within the timeframes provided in s.
83.57.
       Section 6. Paragraph (c) is added to subsection (1) of
section 83.47, Florida Statutes, to read:
       83.47 Prohibited provisions in rental agreements.—
       (1) A provision in a rental agreement is void and
unenforceable to the extent that it:
       (c) Purports that early termination of a rental agreement
because of an incident involving actual or threatened domestic
violence, dating violence, sexual violence, or stalking, in
which the tenant or the tenant’s minor child is a victim and not
the perpetrator, is a breach of the rental agreement.
       Section 7. Present subsections (1) through (9) of section
83.49, Florida Statutes, are redesignated as subsections (2)
through (10), respectively, a new subsection (1) is added to
that section, and present subsections (1) through (5), (7), and
(9) are amended, to read:
       83.49 Deposit money or advance rent; duty of landlord and
tenant.—
       (1)(a) A landlord may not charge a tenant a security
deposit that is more than 1 month’s rent.
       (b) The landlord must allow the tenant, in his or her
discretion, to pay the total amount of the security deposit in
12 equal payments to be paid at the same time and in the same
manner as the tenant’s rent. If the duration of the rental
agreement is less than 1 year, the total amount of the deposit
must be paid in equal monthly payments based on the duration of
the tenancy and be paid at the same time and in the same manner
as the tenant’s rent.
       (c) If a tenant pays his or her security deposit according
to paragraph (b), when the rental agreement is terminated or the
tenant vacates or abandons the premises before the expiration of
the term specified in the rental agreement, the tenant is
entitled to a refund equivalent to the amount of the security
deposit that he or she already paid, minus any deductions
properly claimed by the landlord under subsection (4) for
damages.
       (2)(1) Whenever money is deposited or advanced by a tenant
on a rental agreement as security for performance of the rental
agreement or as advance rent for other than the next immediate
rental period, the landlord or the landlord’s agent shall
either:
       (a) Hold the total amount of such money in a separate non
interest-bearing account in a Florida banking institution for
the benefit of the tenant or tenants. The landlord shall not
commingle such moneys with any other funds of the landlord or
hypothecate, pledge, or in any other way make use of such moneys
until such moneys are actually due the landlord;
       (a)(b) Hold the total amount of such money in a separate
interest-bearing account in a Florida banking institution for
the benefit of the tenant or tenants, in which case the tenant
shall receive and collect interest in an amount of at least 75
percent of the annualized average interest rate payable on such
account or interest at the rate of 5 percent per year, simple
interest, whichever the landlord elects. The landlord shall not
commingle such moneys with any other funds of the landlord or
hypothecate, pledge, or in any other way make use of such moneys
until such moneys are actually due the landlord; or
       (b)(c) Post a surety bond, executed by the landlord as
principal and a surety company authorized and licensed to do
business in the state as surety, with the clerk of the circuit
court in the county in which the dwelling unit is located in the
total amount of the security deposits and advance rent he or she
holds on behalf of the tenants or $50,000, whichever is less.
The bond shall be conditioned upon the faithful compliance of
the landlord with the provisions of this section and shall run
to the Governor for the benefit of any tenant injured by the
landlord’s violation of the provisions of this section. In
addition to posting the surety bond, the landlord shall pay to
the tenant interest at the rate of 5 percent per year, simple
interest. A landlord, or the landlord’s agent, engaged in the
renting of dwelling units in five or more counties, who holds
deposit moneys or advance rent and who is otherwise subject to
the provisions of this section, may, in lieu of posting a surety
bond in each county, elect to post a surety bond in the form and
manner provided in this paragraph with the office of the
Secretary of State. The bond shall be in the total amount of the
security deposit or advance rent held on behalf of tenants or in
the amount of $250,000, whichever is less. The bond shall be
conditioned upon the faithful compliance of the landlord with
the provisions of this section and shall run to the Governor for
the benefit of any tenant injured by the landlord’s violation of
this section. In addition to posting a surety bond, the landlord
shall pay to the tenant interest on the