Bill Summary – FastDemocracy

       Florida Senate - 2024                                    SB 1244
       
       
        
       By Senator Torres
       
       
       
       
       
       25-01482-24                                           20241244__
                      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 duties of the
       secretary; providing the purpose of the department;
       requiring that 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.; prohibiting landlords from charging
       tenants a security deposit that is more than 1 month’s
       rent; requiring landlords to allow tenants to pay
       security deposits in monthly increments; providing
       requirements for security deposits when rental
       agreements are terminated early; 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; providing requirements for certain
       notices of intent to terminate a rental agreement;
       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, mobile home owners, mobile home
       tenants, or mobile home occupants 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; providing
       that such relief be granted only once; requiring
       tenants, mobile home owners, mobile home tenants, or
       mobile home occupants 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; providing a burden of proof for landlords;
       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 the 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 time
       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
       s. 83.681, F.S.; conforming a cross-reference;
       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;
       amending s. 196.061, F.S.; providing that rental of
       certain homestead property does not constitute
       abandonment in specified circumstances; 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, 2025, 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 (11) and (16) 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:
       (11) “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.
       (16) “Tenant” means any person entitled to occupy a
dwelling unit or property held out for the use of tenants
generally under a 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, 2024, 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) of that section 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 p