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 21C 2023C
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 duties of the secretary; providing the
9 purpose of the department; requiring a report on the
10 implementation of an empty homes tax be provided to
11 the Governor and Legislature by a specified date;
12 providing government reorganization for certain
13 chapters of law; amending s. 83.43, F.S.; revising
14 definitions; creating s. 83.455, F.S.; providing
15 requirements for rental agreements; requiring
16 landlords to provide certain information with rental
17 agreements; amending s. 83.46, F.S.; requiring that a
18 landlord provide written notice of a rent increase to
19 a tenant by a specified time; requiring such notice to
20 include an option for mediation under certain
21 circumstances; amending s. 83.47, F.S.; providing that
22 certain provisions in a rental agreement are void and
23 unenforceable; amending s. 83.49, F.S.; removing the
24 option for a landlord to deposit certain money into a
25 non-interest-bearing account; revising written notice
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26 requirements to tenants; providing for damages if a
27 landlord fails to meet certain requirements; amending
28 s. 83.51, F.S.; requiring a landlord to inspect a
29 dwelling unit at a specified time to ensure compliance
30 with applicable codes; amending s. 83.54, F.S.;
31 requiring certain records be removed from a tenant's
32 credit report under certain circumstances; amending s.
33 83.56, F.S.; revising and specifying grounds for
34 termination of a rental agreement; requiring landlords
35 to provide certain tenants a specified amount of time
36 to vacate the premises after delivery of a notice to
37 terminate the rental agreement before bringing a
38 specified action; conforming provisions to changes
39 made by the act; conforming a cross-reference;
40 amending s. 83.60, F.S.; removing a requirement that
41 certain money be paid into the registry of the court;
42 creating s. 83.626, F.S.; authorizing tenants, mobile
43 home owners, mobile home tenants, or mobile home
44 occupants who are defendants in certain eviction
45 proceedings to file a motion with the court to have
46 the records of such proceedings sealed and to have
47 their names substituted on the progress docket under
48 certain conditions; providing applicability; requiring
49 the court to grant such motions if certain
50 requirements are met; authorizing that such relief be
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51 granted only once; requiring tenants, mobile home
52 owners, mobile home tenants, or mobile home occupants
53 to submit a specified sworn statement under penalty of
54 perjury with their motion; requiring the court to
55 substitute a defendant's name on the progress docket
56 if a judgment is entered in favor of the defendant;
57 providing exceptions; providing retroactive
58 applicability; amending s. 83.63, F.S.; conforming a
59 cross-reference; amending s. 83.67, F.S.; prohibiting
60 a landlord from engaging in certain conduct; providing
61 definitions; conforming a cross-reference to changes
62 made by the act; creating s. 83.675, F.S.; providing
63 definitions; requiring a landlord to give tenants the
64 opportunity to purchase the dwelling unit or premises
65 under certain circumstances; providing requirements
66 for an offer of sale; authorizing a tenant to
67 challenge an offer of sale; creating s. 83.676, F.S.;
68 providing definitions; prohibiting a landlord from
69 evicting a tenant or terminating a rental agreement
70 because the tenant or the tenant's minor child is a
71 victim of actual or threatened domestic violence,
72 dating violence, sexual violence, or stalking;
73 specifying that a rental agreement may not contain
74 certain provisions; authorizing a victim of such
75 actual or threatened violence or stalking to terminate
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76 a rental agreement under certain circumstances;
77 requiring certain documentation and written notice to
78 landlord; providing for liability for rent for both
79 the tenant and the perpetrator, if applicable;
80 specifying that a tenant does not forfeit certain
81 money paid to the landlord for terminating the rental
82 agreement under certain circumstances; requiring a
83 landlord to change the locks of the dwelling unit
84 within a specified time period under certain
85 circumstances; authorizing the tenant to change the
86 locks of the dwelling unit under certain
87 circumstances; prohibiting certain actions by a
88 landlord under certain circumstances; authorizing
89 filing of a civil action and an award of damages,
90 fees, and costs under certain circumstances;
91 prohibiting the waiver of certain provisions; amending
92 s. 163.31801, F.S.; authorizing local governments and
93 special districts to adopt a specified impact fee;
94 requiring that the revenue generated from such impact
95 fee be used for a specified purpose; creating s.
96 201.025, F.S.; providing the amount of documentary
97 stamp tax imposed on purchases of certain property by
98 certain entities; requiring revenue generated by such
99 tax to be deposited into the Florida Affordable
100 Housing Trust Fund; providing exceptions; providing an
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101 effective date.
102
103 Be It Enacted by the Legislature of the State of Florida:
104
105 Section 1. This act shall be cited as the "Keep Floridians
106 Housed Act."
107 Section 2. Section 20.71, Florida Statutes, is created to
108 read:
109 20.71 Department of Housing and Tenant Rights.—
110 (1) There is created the Department of Housing and Tenant
111 Rights.
112 (2) The head of the department is the secretary, who shall
113 be appointed by the Governor, subject to confirmation by the
114 Senate. The secretary shall serve at the pleasure of and report
115 to the Governor. The secretary may appoint deputy and assistant
116 secretaries as necessary to aid the secretary in fulfilling his
117 or her statutory obligations. The secretary may create offices
118 or divisions within the department to promote efficient and
119 effective operation of the department.
120 (3) The purpose of the department is to assist the
121 Governor in working with the Legislature, state agencies, and
122 other interested entities to formulate and implement coherent
123 and consistent policies and strategies designed to combat
124 affordable housing and homelessness issues in the state; assist
125 with housing and urban development; and perpetuate amicable
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126 landlord-tenant relationships.
127 (4) The department shall, by January 1, 2025, conduct
128 research and submit a report to the Governor, the P resident of
129 the Senate, and the Speaker of the House of Representatives on a
130 cost-benefit analysis of implementing an empty homes tax.
131 (5) The department shall take over the role of state
132 government from other departments that currently administer
133 chapter 83 and chapters 419-423.
134 Section 3. Subsections (11) and (16) of section 83.43,
135 Florida Statutes, are amended to read:
136 83.43 Definitions.—As used in this part, the following
137 words and terms shall have the following meanings unless some
138 other meaning is plainly indicated:
139 (11) "Rent" means the periodic payments due the landlord
140 from the tenant for occupancy under a rental agreement and any
141 other payments due the landlord from the tenant as may be
142 designated as rent in a written rental agreement. The term does
143 not include deposit money, security deposits, late fees, early
144 termination fees, liquidated damages, or any other charge or fee
145 even if the charge or fee is designated as rent in a written
146 rental agreement.
147 (16) "Tenant" means any person entitled to occupy a
148 dwelling unit or property held out for the use of tenants
149 generally under a rental agreement.
150 Section 4. Section 83.455, Florida Statutes, is created to
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151 read:
152 83.455 Rental agreements.—
153 (1) Immediately after entering into, extending, or
154 renewing a rental agreement, the tenant must be provided a copy
155 of the rental agreement. The rental agreement must be written in
156 plain language and, at the tenant's request, translated into the
157 preferred language of the tenant.
158 (2) Notwithstanding any other provision of law, all rental
159 agreements entered into, extended, or renewed on or after July
160 1, 2024, must include the following provisions:
161 (a) Before a private sale or transfer of title of the
162 dwelling unit or the premises on which the dwelling unit is
163 located, the landlord must provide the tenant with the right of
164 first refusal to purchase the dwelling unit or premises as
165 provided under s. 83.675.
166 (b) If a landlord chooses not to extend or renew a rental
167 agreement, he or she must provide the tenant 60 days' notice of
168 his or her decision and provide a written explanation for such
169 decision.
170 (c) If a rental agreement provision authorizes termination
171 of the rental agreement by the landlord without cause, such
172 provision must require the landlord to provide the tenant just
173 compensation and comprehensive relocation assistance.
174 (d) A landlord may not terminate a tenancy for cause
175 during a state of emergency declared by the Governor under
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176 chapter 252.
177 (e) During a state of emergency declared by the Governor
178 under chapter 252, a tenant may install wind resistance
179 improvements, as defined in s. 163.08(2)(b)3., to the dwelling
180 unit at the tenant's expense.
181 (f) A landlord may not terminate a tenancy because a
182 tenant establishes, attempts to establish, or participates in a
183 tenant organization.
184 Section 5. Subsection (4) is added to section 83.46,
185 Florida Statutes, to read:
186 83.46 Rent; duration of tenancies.—
187 (4) A landlord must provide to a tenant a written notice,
188 by certified mail or hand delivery, of a planned rent increase
189 at least 60 days before the rental agreement renewal period. If
190 the rent increase is more than 5 percent, the landlord must
191 provide notice, by certified mail or hand delivery, at least 3
192 months before the rental agreement renewal period. If the rent
193 increase is more than 5 percent, the notice must also contain a
194 statement that the tenant may elect to participate in nonbinding
195 mediation, at the expense of the tenant, by providing written
196 notice to the landlord, by certified mail or hand delivery,
197 within 14 days after receipt of the notice of the rent increase.
198 For a tenancy without a specific duration, the landlord must
199 provide written notice, by certified mail or hand delivery, of a
200 planned rent increase within the timeframes provided in s.
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201 83.57.
202 Section 6. Paragraph (c) is added to subsection (1) of
203 section 83.47, Florida Statutes, to read:
204 83.47 Prohibited provisions in rental agreements. —
205 (1) A provision in a rental agreement is void and
206 unenforceable to the extent that it:
207 (c) Purports that early termination of a rental agreement
208 because of an incident involving actual or threatened domestic
209 violence, dating violence, sexual violence, or stalking, in
210 which the tenant or the tenant's minor child is a victim and not
211 the perpetrator, is a breach of the rental agreement.
212 Section 7. Subsections (1) through (9) of section 83.49,
213 Florida Statutes, a