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 985 2024
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; amending s.
96 196.061, F.S.; providing that rental of certain
97 homestead property does not constitute abandonment in
98 specified circumstances; creating s. 201.025, F.S.;
99 providing the amount of documentary stamp tax imposed
100 on purchases of certain property by certain entities;
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101 requiring revenue generated by such tax to be
102 deposited into the Florida Affordable Housing Trust
103 Fund; providing exceptions; providing an effective
104 date.
105
106 Be It Enacted by the Legislature of the State of Florida:
107
108 Section 1. This act shall be cited as the "Keep Floridians
109 Housed Act."
110 Section 2. Section 20.71, Florida Statutes, is created to
111 read:
112 20.71 Department of Housing and Tenant Rights.—
113 (1) There is created the Department of Housing and Tenant
114 Rights.
115 (2) The head of the department is the secretary, who shall
116 be appointed by the Governor, subject to confirmation by the
117 Senate. The secretary shall serve at the pleasure of and report
118 to the Governor. The secretary may appoint deputy and assistant
119 secretaries as necessary to aid the secretary in fulfilling his
120 or her statutory obligations. The secretary may create offices
121 or divisions within the department to promote efficient and
122 effective operation of the department.
123 (3) The purpose of the department is to assist the
124 Governor in working with the Legislature, state agencies, and
125 other interested entities to formulate and implement coherent
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126 and consistent policies and strategies designed to combat
127 affordable housing and homelessness issues in the state; assist
128 with housing and urban development; and perpetuate amicable
129 landlord-tenant relationships.
130 (4) The department shall, by January 1, 2025, conduct
131 research and submit a report to the Governor, the President of
132 the Senate, and the Speaker of the House of Representatives on a
133 cost-benefit analysis of implementing an empty homes tax.
134 (5) The department shall take over the role of state
135 government from other departments that currently administer
136 chapter 83 and chapters 419-423.
137 Section 3. Subsections (11) and (16) of section 83.43,
138 Florida Statutes, are amended to read:
139 83.43 Definitions.—As used in this part, the following
140 words and terms shall have the following meanings unless some
141 other meaning is plainly indicated:
142 (11) "Rent" means the periodic payments due the landlord
143 from the tenant for occupancy under a rental agreement and any
144 other payments due the landlord from the tenant as may be
145 designated as rent in a written rental agreement. The term does
146 not include deposit money, security deposits, late fees, early
147 termination fees, liquidated damages, or any other charge or fee
148 even if the charge or fee is designated as rent in a written
149 rental agreement.
150 (16) "Tenant" means any person entitled to occupy a
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151 dwelling unit or property held out for the use of tenants
152 generally under a rental agreement.
153 Section 4. Section 83.455, Florida Statutes, is created to
154 read:
155 83.455 Rental agreements.—
156 (1) Immediately after entering into, extending, or
157 renewing a rental agreement, the tenant must be provided a copy
158 of the rental agreement. The rental agreement must be written in
159 plain language and, at the tenant's request, translated into the
160 preferred language of the tenant.
161 (2) Notwithstanding any other provision of law, all rental
162 agreements entered into, extended, or renewed on or after July
163 1, 2024, must include the following provisions:
164 (a) Before a private sale or transfer of title of the
165 dwelling unit or the premises on which the dwelling unit is
166 located, the landlord must provide the tenant with the right of
167 first refusal to purchase the dwelling unit or premises as
168 provided under s. 83.675.
169 (b) If a landlord chooses not to extend or renew a rental
170 agreement, he or she must provide the tenant 60 days' notice of
171 his or her decision and provide a written explanation for such
172 decision.
173 (c) If a rental agreement provision authorizes termination
174 of the rental agreement by the landlord without cause, such
175 provision must require the landlord to provide the tenant just
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176 compensation and comprehensive relocation assistance.
177 (d) A landlord may not terminate a tenancy for cause
178 during a state of emergency declared by the Governor under
179 chapter 252.
180 (e) During a state of emergency declared by the Governor
181 under chapter 252, a tenant may install wind resistance
182 improvements, as defined in s. 163.08(2)(b)3., to the dwelling
183 unit at the tenant's expense.
184 (f) A landlord may not terminate a tenancy because a
185 tenant establishes, attempts to establish, or participates in a
186 tenant organization.
187 Section 5. Subsection (4) is added to section 83.46,
188 Florida Statutes, to read:
189 83.46 Rent; duration of tenancies.—
190 (4) A landlord must provide to a tenant a written notice,
191 by certified mail or hand delivery, of a planned rent increase
192 at least 60 days before the rental agreement renewal period. If
193 the rent increase is more than 5 percent, the landlord must
194 provide notice, by certified mail or hand delivery, at least 3
195 months before the rental agreement renewal period. If the rent
196 increase is more than 5 percent, the notice must also contain a
197 statement that the tenant may elect to participate in nonbinding
198 mediation, at the expense of the tenant, by providing written
199 notice to the landlord, by certified mail or hand delivery,
200 within 14 days after receipt of the notice of the rent increase.
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201 For a tenancy without a specific duration, the landlord must
202 provide written notice, by certified mail or hand delivery, of a
203 planned rent increase within the timeframes provided in s.
204 83.57.
205 Section 6. Paragraph (c) is added to subsection (1) of
206 section 83.47, Florida Statutes, to read:
207 83.47 Prohibited provisions in rental agreements. —
208 (1) A provision in a rental agreement is void and
209 unenforceable to the extent that it:
210 (c) Purports that early termination of a rental agreement
211 because of an incident involving actual or threatened domestic
212 violence, dating violence, sexual violence, or stalking, in
213 which the tenant or the tenant's minor child is a victim and not