Florida Senate - 2019                                    SB 1794
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-01810B-19                                          20191794__
    1                        A bill to be entitled                      
    2         An act relating to landlords and tenants; amending s.
    3         83.43, F.S.; revising the definition of the term
    4         “tenant”; creating s. 83.455, F.S.; providing
    5         requirements for rental agreements; requiring
    6         landlords to provide certain information with rental
    7         agreements; amending s. 83.46, F.S.; requiring that a
    8         landlord provide written notice of a rent increase to
    9         a tenant by a specified time; requiring such notice to
   10         include an option for mediation under certain
   11         circumstances; amending s. 83.47, F.S.; providing that
   12         certain provisions in a rental agreement are void and
   13         unenforceable; amending s. 83.49, F.S.; removing the
   14         option for a landlord to deposit certain money into a
   15         non-interest-bearing account; revising written notice
   16         requirements to tenants; providing for damages if a
   17         landlord fails to meet certain requirements; amending
   18         s. 83.51, F.S.; requiring a landlord to inspect a
   19         dwelling unit at a specified time to ensure compliance
   20         with applicable codes; amending s. 83.54, F.S.;
   21         requiring certain records be removed from a tenant’s
   22         credit report under certain circumstances; amending s.
   23         83.56, F.S.; revising and specifying grounds for
   24         termination of a rental agreement; amending s. 83.60,
   25         F.S.; removing a requirement that certain money be
   26         paid into the registry of the court; amending s.
   27         83.67, F.S.; prohibiting a landlord from engaging in
   28         certain conduct; providing definitions; conforming a
   29         cross-reference to changes made by the act; creating
   30         s. 83.675, F.S.; providing definitions; requiring a
   31         landlord to give tenants the opportunity to purchase
   32         the dwelling unit or premises under certain
   33         circumstances; providing requirements for an offer of
   34         sale; authorizing a tenant to challenge an offer of
   35         sale; creating s. 83.676, F.S.; providing definitions;
   36         prohibiting a landlord from evicting a tenant or
   37         terminating a rental agreement because the tenant or
   38         the tenant’s minor child is a victim of actual or
   39         threatened domestic violence, dating violence, sexual
   40         violence, or stalking; specifying that a rental
   41         agreement may not contain certain provisions;
   42         authorizing a victim of such actual or threatened
   43         violence or stalking to terminate a rental agreement
   44         under certain circumstances; requiring certain
   45         documentation and written notice to the landlord;
   46         providing for liability for rent for both the tenant
   47         and the perpetrator, if applicable; specifying that a
   48         tenant does not forfeit certain money paid to the
   49         landlord for terminating the rental agreement under
   50         certain circumstances; requiring a landlord to change
   51         the locks of the dwelling unit within a specified
   52         period under certain circumstances; authorizing the
   53         tenant to change the locks of the dwelling unit under
   54         certain circumstances; prohibiting certain actions by
   55         a landlord under certain circumstances; providing an
   56         effective date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Subsection (4) of section 83.43, Florida
   61  Statutes, is amended to read:
   62         83.43 Definitions.—As used in this part, the following
   63  words and terms shall have the following meanings unless some
   64  other meaning is plainly indicated:
   65         (4) “Tenant” means any person entitled to occupy a dwelling
   66  unit or property held out for the use of tenants generally under
   67  a rental agreement.
   68         Section 2. Section 83.455, Florida Statutes, is created to
   69  read:
   70         83.455Rental agreements.—
   71         (1)Immediately after entering into, extending, or renewing
   72  a rental agreement, the tenant must be provided a copy of the
   73  rental agreement. The rental agreement must be written in plain
   74  language and, at the tenant’s request, translated into the
   75  preferred language of the tenant.
   76         (2)Notwithstanding any other provision of law, all rental
   77  agreements entered into, extended, or renewed on or after July
   78  1, 2019, must include the following provisions:
   79         (a)Before a private sale or transfer of title of the
   80  dwelling unit or the premises on which the dwelling unit is
   81  located, the landlord must provide the tenant with the right of
   82  first refusal to purchase the dwelling unit or premises as
   83  provided under s. 83.675.
   84         (b)If a landlord chooses not to extend or renew a rental
   85  agreement, he or she must provide the tenant a written
   86  explanation for such decision.
   87         (c)A landlord may not terminate a tenancy for cause during
   88  a state of emergency declared by the Governor under chapter 252.
   89         (d)During a state of emergency declared by the Governor
   90  under chapter 252, a tenant may install wind resistance
   91  improvements, as defined in s. 163.08(2), to the dwelling unit
   92  at the tenant’s expense.
   93         Section 3. Subsection (4) is added to section 83.46,
   94  Florida Statutes, to read:
   95         83.46 Rent; duration of tenancies.—
   96         (4)A landlord must provide to a tenant a written notice,
   97  by certified mail or hand delivery, of a planned rent increase
   98  at least 30 days before the rental agreement renewal period. If
   99  the rent increase is more than 5 percent, the landlord must
  100  provide notice, by certified mail or hand delivery, at least 3
  101  months before the rental agreement renewal period. If the rent
  102  increase is more than 5 percent, the notice must also contain a
  103  statement that the tenant may elect to participate in nonbinding
  104  mediation, at the expense of the tenant, by providing written
  105  notice to the landlord, by certified mail or hand delivery,
  106  within 14 days after receipt of the notice of the rent increase.
  107  For a tenancy without a specific duration, the landlord must
  108  provide written notice, by certified mail or hand delivery, of a
  109  planned rent increase within the timeframes provided in s.
  110  83.57.
  111         Section 4. Paragraph (c) is added to subsection (1) of
  112  section 83.47, Florida Statutes, to read:
  113         83.47 Prohibited provisions in rental agreements.—
  114         (1) A provision in a rental agreement is void and
  115  unenforceable to the extent that it:
  116         (c)Purports that a tenant’s early termination of a rental
  117  agreement because of an incident involving actual or threatened
  118  domestic violence, dating violence, sexual violence, or
  119  stalking, in which the tenant or the tenant’s minor child is a
  120  victim and not the perpetrator, is a breach of the rental
  121  agreement.
  122         Section 5. Paragraph (c) of subsection (2) and subsections
  123  (1), (3), (5), and (9) of section 83.49, Florida Statutes, are
  124  amended to read:
  125         83.49 Deposit money or advance rent; duty of landlord and
  126  tenant.—
  127         (1) Whenever money is deposited or advanced by a tenant on
  128  a rental agreement as security for performance of the rental
  129  agreement or as advance rent for other than the next immediate
  130  rental period, the landlord or the landlord’s agent shall
  131  either:
  132         (a)Hold the total amount of such money in a separate non
  133  interest-bearing account in a Florida banking institution for
  134  the benefit of the tenant or tenants. The landlord shall not
  135  commingle such moneys with any other funds of the landlord or
  136  hypothecate, pledge, or in any other way make use of such moneys
  137  until such moneys are actually due the landlord;
  138         (a)(b) Hold the total amount of such money in a separate
  139  interest-bearing account in a Florida banking institution for
  140  the benefit of the tenant or tenants, in which case the tenant
  141  shall receive and collect interest in an amount of at least 75
  142  percent of the annualized average interest rate payable on such
  143  account or interest at the rate of 5 percent per year, simple
  144  interest, whichever the landlord elects. The landlord shall not
  145  commingle such moneys with any other funds of the landlord or
  146  hypothecate, pledge, or in any other way make use of such moneys
  147  until such moneys are actually due the landlord; or
  148         (b)(c) Post a surety bond, executed by the landlord as
  149  principal and a surety company authorized and licensed to do
  150  business in the state as surety, with the clerk of the circuit
  151  court in the county in which the dwelling unit is located in the
  152  total amount of the security deposits and advance rent he or she
  153  holds on behalf of the tenants or $50,000, whichever is less.
  154  The bond shall be conditioned upon the faithful compliance of
  155  the landlord with the provisions of this section and shall run
  156  to the Governor for the benefit of any tenant injured by the
  157  landlord’s violation of the provisions of this section. In
  158  addition to posting the surety bond, the landlord shall pay to
  159  the tenant interest at the rate of 5 percent per year, simple
  160  interest. A landlord, or the landlord’s agent, engaged in the
  161  renting of dwelling units in five or more counties, who holds
  162  deposit moneys or advance rent and who is otherwise subject to
  163  the provisions of this section, may, in lieu of posting a surety
  164  bond in each county, elect to post a surety bond in the form and
  165  manner provided in this paragraph with the office of the
  166  Secretary of State. The bond shall be in the total amount of the
  167  security deposit or advance rent held on behalf of tenants or in
  168  the amount of $250,000, whichever is less. The bond shall be
  169  conditioned upon the faithful compliance of the landlord with
  170  the provisions of this section and shall run to the Governor for
  171  the benefit of any tenant injured by the landlord’s violation of
  172  this section. In addition to posting a surety bond, the landlord
  173  shall pay to the tenant interest on the security deposit or
  174  advance rent held on behalf of that tenant at the rate of 5
  175  percent per year simple interest.
  176         (2) The landlord shall, in the rental lease agreement or
  177  within 30 days after receipt of advance rent or a security
  178  deposit, give written notice to the tenant which includes
  179  disclosure of the advance rent or security deposit. Subsequent
  180  to providing such written notice, if the landlord changes the
  181  manner or location in which he or she is holding the advance
  182  rent or security deposit, he or she must notify the tenant
  183  within 30 days after the change as provided in paragraphs (a)
  184  (d). The landlord is not required to give new or additional
  185  notice solely because the depository has merged with another
  186  financial institution, changed its name, or transferred
  187  ownership to a different financial institution. This subsection
  188  does not apply to any landlord who rents fewer than five
  189  individual dwelling units. Failure to give this notice is not a
  190  defense to the payment of rent when due. The written notice
  191  must:
  192         (c) State that whether the tenant is entitled to interest
  193  on the deposit and the amount of the interest.
  194         (3) The landlord or the landlord’s agent may disburse
  195  advance rents from the deposit account to the landlord’s benefit
  196  when the advance rental period commences and without notice to
  197  the tenant. For all other deposits:
  198         (a) Upon the vacating of the premises for termination of
  199  the rental agreement lease, if the landlord does not intend to
  200  impose a claim on the security deposit, the landlord shall have
  201  15 days to return the security deposit together with interest
  202  within 15 days after the tenant vacates the premises. if
  203  otherwise required, or The landlord has shall have 30 days from
  204  when the tenant vacates the premises to give the tenant written
  205  notice by certified mail to the tenant’s last known mailing
  206  address of his or her intention to impose a claim on the deposit
  207  and the reason for imposing the claim. The notice shall contain
  208  a statement in substantially the following form:
  209         This is a notice of my intention to impose a claim for
  210  damages in the amount of .... upon your security deposit, due to
  211  ..... It is sent to you as required by s. 83.49(3), Florida
  212  Statutes. You are hereby notified that you must object in
  213  writing to this deduction from your security deposit within 15
  214  days from the time you receive this notice or I will be
  215  authorized to deduct my claim from your security deposit. Your
  216  objection must be sent to ...(landlord’s address)....
  217  If the landlord fails to give the required notice within the 30
  218  day period, he or she forfeits the right to impose a claim upon
  219  the security deposit and may not seek a setoff against the
  220  deposit but may file an action for damages after return of the
  221  deposit.
  222         (b) Unless the tenant objects to the imposition of the
  223  landlord’s claim or the amount thereof within 15 days after
  224  receipt of the landlord’s notice of intention to impose a claim,
  225  the landlord may then deduct the amount of his or her claim and
  226  shall remit the balance of the deposit and any interest to the
  227  tenant within 30 days after the date of the notice of intention
  228  to impose a claim for damages. The failure of the tenant to make
  229  a timely objection does not waive any rights of the tenant to
  230  seek damages in a separate action.
  231         (c) If either party institutes an action in a court of
  232  competent jurisdiction to adjudicate the party’s right to the
  233  security deposit, the prevailing party is entitled to receive
  234  his or her court costs plus a reasonable fee for his or her
  235  attorney. If a court finds that the landlord failed to meet the
  236  requirements of this section, the court shall award the tenant
  237  damages equal to three times the amount of the tenant’s security
  238  deposit. The court shall advance the cause on the calendar.
  239         (d) Compliance with this section by an individual or
  240  business entity authorized to conduct business in this state,
  241  including Florida-licensed real estate brokers and sales
  242  associates, constitutes compliance with all other relevant
  243  Florida Statutes pertaining to security deposits held pursuant
  244  to a rental agreement or other landlord-tenant relationship.
  245  Enforcement personnel shall look solely to this section to
  246  determine compliance. This section prevails over any conflicting
  247  provisions in chapter 475 and in other sections of the Florida
  248  Statutes, and shall operate to permit licensed real estate
  249  brokers to disburse security deposits and deposit money without
  250  having to comply with the notice and settlement procedures
  251  contained in s. 475.25(1)(d).
  252         (5) Except when otherwise provided by the terms of a
  253  written rental agreement lease, any tenant who vacates or
  254  abandons the premises prior to the expiration of the term
  255  specified in the written rental agreement lease, or any tenant
  256  who vacates or abandons premises which are the subject of a
  257  tenancy from week to week, month to month, quarter to quarter,
  258  or year to year, shall give at least 7 days’ written notice,
  259  which notice shall include the address where the tenant may be
  260  reached, by certified mail or personal delivery to the landlord
  261  before prior to vacating or abandoning the premises which notice
  262  shall include the address where the tenant may be reached.
  263  Failure to give such notice relieves shall relieve the landlord
  264  of the notice requirement of paragraph (3)(a) but does shall not
  265  waive any right the tenant may have to the security deposit or
  266  any part of it.
  267         (9) In those cases in which interest is required to be paid
  268  to the tenant, The landlord shall pay directly to the tenant, or
  269  credit against the current month’s rent, the interest due to the
  270  tenant at least once annually. However, no interest may not be
  271  paid to shall be due a tenant who wrongfully terminates his or
  272  her tenancy prior to the end of the rental term.
  273         Section 6. Paragraph (a) of subsection (1) of section
  274  83.51, Florida Statutes, is amended to read:
  275         83.51 Landlord’s obligation to maintain premises.—
  276         (1) The landlord at all times during the tenancy shall:
  277         (a) Comply with the requirements of applicable building,
  278  housing, and health codes. The landlord, at commencement of the
  279  tenancy, must inspect the dwelling unit to ensure compliance
  280  with all applicable codes; or
  281  
  282  The landlord is not required to maintain a mobile home or other
  283  structure owned by the tenant. The landlord’s obligations under
  284  this subsection may be altered or modified in writing with
  285  respect to a single-family home or duplex.
  286         Section 7. Section 83.54, Florida Statutes, is amended to
  287  read:
  288         83.54 Enforcement of rights and duties; civil action;
  289  criminal offenses.—Any right or duty declared in this part is
  290  enforceable by civil action. A right or duty enforced by civil
  291  action under this section does not preclude prosecution for a
  292  criminal offense related to the rental agreement or rented
  293  dwelling unit or premises lease or leased property. In an action
  294  brought by a tenant for wrongful termination of a rental
  295  agreement, if the court finds in favor of the tenant, any
  296  eviction complaint filed by the landlord shall be dismissed and
  297  the record of such filing removed from the tenant’s credit
  298  report.
  299         Section 8. Subsection (6) of section 83.56, Florida
  300  Statutes, is renumbered as subsection (7), subsections (2) and
  301  (4) are amended, and a new subsection (6) is added to that
  302  section, to read:
  303         83.56 Termination of rental agreement.—
  304         (2)(a)A landlord must have good cause to terminate a
  305  rental agreement. The following reasons constitute good cause
  306  allowing for termination of a rental agreement:
  307         1.The destruction, damage, or misuse of the landlord’s or
  308  other tenants’ property by intentional act.
  309         2.A tenant’s disorderly conduct or continued unreasonable
  310  disturbance.
  311         3.Failure of the tenant to comply with s. 83.52.
  312         4.A violation or breach of the landlord’s reasonable rules
  313  and regulations.
  314         5.A violation or breach of covenants or agreements
  315  contained in the rental agreement.
  316         6.Use of the dwelling unit or premises for illegal
  317  purposes or acts, including, but not limited to, the
  318  manufacture, sale, or use of illegal drugs, theft of property,
  319  or assault or threats on the landlord or his or her relatives,
  320  as defined in s. 494.001(33), or employees.
  321         7.The dwelling unit or premises are removed from the
  322  rental market because the state, any political subdivision as
  323  defined in s. 1.01(8), or other entity exercises its power of
  324  eminent domain, the landlord seeks in good faith to permanently
  325  remove the property from the rental market, or the landlord is
  326  converting the dwelling unit or premises from the rental market
  327  to a condominium, cooperative, or fee simple ownership.
  328         8.The dwelling unit or premises are being used as an
  329  incident of employment and such employment is terminated.
  330         9.The landlord seeks in good faith to recover possession
  331  of the dwelling unit or premises for his or her own use and
  332  occupancy as a principal residence, or for the use and occupancy
  333  as a principal residence by a relative, as defined in s.
  334  494.001(33), of the landlord.
  335         (b) If any of the violations in subparagraphs 1.-6. exist
  336  the tenant materially fails to comply with s. 83.52 or material
  337  provisions of the rental agreement, other than a failure to pay
  338  rent, or reasonable rules or regulations, the landlord may:
  339         1.(a) If the violation such noncompliance is of a nature
  340  that the tenant should not be given an opportunity to cure it or
  341  if the violation noncompliance constitutes a subsequent or
  342  continuing violation noncompliance within 12 months of a written
  343  warning by the landlord of a similar violation, deliver a
  344  written notice to the tenant specifying the violation
  345  noncompliance and the landlord’s intent to terminate the rental
  346  agreement by reason thereof. Examples of noncompliance which are
  347  of a nature that the tenant should not be given an opportunity
  348  to cure include, but are not limited to, destruction, damage, or
  349  misuse of the landlord’s or other tenants’ property by
  350  intentional act or a subsequent or continued unreasonable
  351  disturbance. In such event, the landlord may terminate the
  352  rental agreement, and the tenant shall have 7 days from the date
  353  that the notice is delivered to vacate the premises. The notice
  354  shall be in substantially the following form:
  355         You are advised that your rental agreement lease is
  356  terminated effective immediately. You shall have 7 days from the
  357  delivery of this letter to vacate the premises. This action is
  358  taken because ...(cite the violation noncompliance)....
  359         2.(b) If the violation such noncompliance is of a nature
  360  that the tenant should be given an opportunity to cure it,
  361  deliver a written notice to the tenant specifying the violation
  362  noncompliance, including a notice that, if the violation
  363  noncompliance is not corrected within 7 days from the date that
  364  the written notice is delivered, the landlord shall terminate
  365  the rental agreement by reason thereof. Examples of such
  366  noncompliance include, but are not limited to, activities in
  367  contravention of the lease or this part such as having or
  368  permitting unauthorized pets, guests, or vehicles; parking in an
  369  unauthorized manner or permitting such parking; or failing to
  370  keep the premises clean and sanitary. If such violation
  371  noncompliance recurs within 12 months after notice, an eviction
  372  action may commence without delivering a subsequent notice
  373  pursuant to subparagraph 1. paragraph (a) or this subparagraph
  374  paragraph. The notice shall be in substantially the following
  375  form:
  376         You are hereby notified that ...(cite the violation
  377  noncompliance).... Demand is hereby made that you remedy the
  378  violation noncompliance within 7 days of receipt of this notice
  379  or your rental agreement will be lease shall be deemed
  380  terminated and you shall vacate the premises upon such
  381  termination. If this same conduct or conduct of a similar nature
  382  is repeated within 12 months, your tenancy is subject to
  383  termination without further warning and without your being given
  384  an opportunity to cure the violation noncompliance.
  385         (c)If any other reason provided in paragraph (a) exists,
  386  the landlord may deliver a written notice to the tenant of the
  387  landlord’s intent to terminate the rental agreement. The written
  388  notice must specify the reason for the termination. In such
  389  event, the tenant shall have 7 days from the date that the
  390  notice is delivered to vacate the premises.
  391         (3) If the tenant fails to pay rent when due and the
  392  default continues for 3 days, excluding Saturday, Sunday, and
  393  legal holidays, after delivery of written demand by the landlord
  394  for payment of the rent or possession of the premises, or if the
  395  tenant habitually pays late or fails to pay the full amount of
  396  rent after being given notice of a rent increase as required in
  397  s. 83.46(4), the landlord may terminate the rental agreement.
  398  Habitual late payments means more than one late payment
  399  following the landlord’s first written demand for payment. Legal
  400  holidays for the purpose of this section shall be court-observed
  401  holidays only. The 3-day notice shall contain a statement in
  402  substantially the following form:
  403         You are hereby notified that you are indebted to me in the
  404  sum of .... dollars for the rent and use of the premises
  405  ...(address of leased premises, including county)..., Florida,
  406  now occupied by you and that I demand payment of the rent or
  407  possession of the premises within 3 days (excluding Saturday,
  408  Sunday, and legal holidays) from the date of delivery of this
  409  notice, to wit: on or before the .... day of ...., ...(year)....
  410  ...(landlord’s name, address and phone number)...
  411  
  412         (4) The delivery of the written notices required by
  413  subsections (1), (2), and (3), and (6) shall be by mailing or
  414  delivery of a true copy thereof or, if the tenant is absent from
  415  the premises, by leaving a copy thereof at the residence. The
  416  notice requirements of subsections (1), (2), and (3), and (6)
  417  may not be waived in the rental agreement lease.
  418         (6)(a)If the landlord seeks in good faith to undertake
  419  substantial repairs to the dwelling unit or premises that cannot
  420  be completed while the dwelling unit is occupied, and that are
  421  necessary to bring the dwelling unit or premises into compliance
  422  with applicable codes and laws or under an outstanding notice of
  423  code violations, the landlord may deliver a written notice to
  424  the tenant of the landlord’s intent to terminate the rental
  425  agreement. In such event, the tenant shall have 7 days from the
  426  date that the notice is delivered to vacate the premises.
  427         (b)A notice terminating a rental agreement under this
  428  subsection must include the following information:
  429         1.A statement in substantially the following form: “When
  430  the needed repairs are completed on your dwelling unit or the
  431  premises, the landlord must offer you the opportunity to return
  432  to your dwelling unit with a rental agreement of substantially
  433  the same terms and at the same rent, subject to the landlord’s
  434  right to obtain a rent increase for capital improvements.”
  435         2.If a landlord owns other residential dwelling units and
  436  any such unit is available, a statement informing the tenant of
  437  the existence of the available unit and an offer to enter into a
  438  temporary rental agreement for the available unit or an offer to
  439  enter into a new rental agreement for the available unit. The
  440  landlord shall offer the replacement dwelling unit to the tenant
  441  at a rent based on the rent that the tenant is currently paying,
  442  allowing for adjustments based on the condition, size, and other
  443  amenities of the replacement unit.
  444         3.An estimate of the time required to complete the repairs
  445  and the date upon which it is expected that the dwelling unit
  446  will be ready for habitation.
  447         (c)Upon completion of the repairs of the dwelling unit or
  448  premises, the landlord shall offer the tenant the first right to
  449  return to the dwelling unit at the same rent and under a rental
  450  agreement of substantially the same terms, subject to the
  451  landlord’s right to obtain a rent increase for capital
  452  improvements.
  453         Section 9. Subsection (2) of section 83.60, Florida
  454  Statutes, is amended to read:
  455         83.60 Defenses to action for rent or possession;
  456  procedure.—
  457         (2) In an action by the landlord for possession of a
  458  dwelling unit, if the tenant interposes any defense other than
  459  payment, including, but not limited to, the defense of a
  460  defective 3-day notice, the tenant shall pay into the registry
  461  of the court the accrued rent as alleged in the complaint or as
  462  determined by the court and the rent that accrues during the
  463  pendency of the proceeding, when due. The clerk shall notify the
  464  tenant of such requirement in the summons. Failure of the tenant
  465  to pay the rent into the registry of the court or to file a
  466  motion to determine the amount of rent to be paid into the
  467  registry within 5 days, excluding Saturdays, Sundays, and legal
  468  holidays, after the date of service of process constitutes an
  469  absolute waiver of the tenant’s defenses other than payment, and
  470  the landlord is entitled to an immediate default judgment for
  471  removal of the tenant with a writ of possession to issue without
  472  further notice or hearing thereon. If a motion to determine rent
  473  is filed, documentation in support of the allegation that the
  474  rent as alleged in the complaint is in error is required. Public
  475  housing tenants or tenants receiving rent subsidies are required
  476  to deposit only that portion of the full rent for which they are
  477  responsible pursuant to the federal, state, or local program in
  478  which they are participating.
  479         Section 10. Section 83.67, Florida Statutes, is amended to
  480  read:
  481         83.67 Prohibited practices.—
  482         (1) A landlord of any dwelling unit governed by this part
  483  may shall not cause, directly or indirectly, the termination or
  484  interruption of any utility service furnished to the tenant,
  485  including, but not limited to, water, heat, light, electricity,
  486  gas, elevator, garbage collection, or refrigeration, whether or
  487  not the utility service is under the control of, or payment is
  488  made by, the landlord.
  489         (2) A landlord of any dwelling unit governed by this part
  490  may shall not prevent the tenant from gaining reasonable access
  491  to the dwelling unit by any means, including, but not limited
  492  to, changing the locks or using any bootlock or similar device.
  493         (3) A landlord of any dwelling unit governed by this part
  494  may shall not discriminate against a servicemember in offering a
  495  dwelling unit for rent or in any of the terms of the rental
  496  agreement.
  497         (4)A landlord of any dwelling unit governed by this part
  498  may not discriminate against a person in offering a dwelling
  499  unit for rent or in any of the terms of the rental agreement
  500  based on the person’s race; color; religion; sex; pregnancy;
  501  national origin; age; physical, mental, or developmental
  502  disability; HIV status; familial status; sexual orientation;
  503  gender identity; source of income; or credit score. For purposes
  504  of this subsection, the term:
  505         (a)“Familial status” means the makeup of a person’s
  506  family, including whether there is a child under the age of 18
  507  living with the person or whether the person is seeking custody
  508  of a child under the age of 18.
  509         (b)“Gender identity” means the identity, appearance, or
  510  behavior of a person, regardless of whether such identity,
  511  appearance, or behavior is different from that traditionally
  512  associated with the person’s physiology or assigned sex at
  513  birth.
  514         (c)“Sexual orientation” means a person’s heterosexuality,
  515  homosexuality, or bisexuality.
  516         (5)A landlord of any dwelling unit governed by this part
  517  may not harass or intimidate a tenant for the purpose of
  518  coercing the tenant into terminating the rental agreement.
  519         (6)A landlord of any dwelling unit governed by this part
  520  may not refuse to show the dwelling unit, either in person or
  521  through photographs, to a prospective tenant until the
  522  prospective tenant signs a rental agreement.
  523         (7)Unless otherwise required by law, a landlord of any
  524  dwelling unit governed by this part may not inquire into or
  525  consider a prospective tenant’s criminal history on a rental
  526  application or rental agreement. A landlord may inquire into or
  527  consider a prospective tenant’s criminal history only after the
  528  landlord otherwise determines that the prospective tenant
  529  otherwise qualifies to rent a dwelling unit.
  530         (8)If a landlord requires a prospective tenant to complete
  531  a rental application before residing in a dwelling unit, the
  532  landlord may not charge an excessive rental application fee. If,
  533  after a prospective tenant submits a rental application and
  534  application fee, a dwelling unit is not available, the landlord
  535  must refund the application fee to the prospective tenant.
  536         (9)(4) A landlord may shall not prohibit a tenant from
  537  displaying one portable, removable, cloth or plastic United
  538  States flag, not larger than 4 and 1/2 feet by 6 feet, in a
  539  respectful manner in or on the dwelling unit regardless of any
  540  provision in the rental agreement dealing with flags or
  541  decorations. The United States flag shall be displayed in
  542  accordance with s. 83.52(6). The landlord is not liable for
  543  damages caused by a United States flag displayed by a tenant.
  544  Any United States flag may not infringe upon the space rented by
  545  any other tenant.
  546         (10)(5) A landlord of any dwelling unit governed by this
  547  part may shall not remove the outside doors, locks, roof, walls,
  548  or windows of the unit except for purposes of maintenance,
  549  repair, or replacement; and the landlord may shall not remove
  550  the tenant’s personal property from the dwelling unit unless
  551  such action is taken after surrender, abandonment, recovery of
  552  possession of the dwelling unit due to the death of the last
  553  remaining tenant in accordance with s. 83.59(3)(d), or a lawful
  554  eviction. If provided in the rental agreement or a written
  555  agreement separate from the rental agreement, upon surrender or
  556  abandonment by the tenant, the landlord is not required to
  557  comply with s. 715.104 and is not liable or responsible for
  558  storage or disposition of the tenant’s personal property; if
  559  provided in the rental agreement, there must be printed or
  560  clearly stamped on such rental agreement a legend in
  561  substantially the following form:
  562  BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON
  563  SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE
  564  DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS
  565  PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT
  566  BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE
  567  TENANT’S PERSONAL PROPERTY.
  568  For the purposes of this section, abandonment shall be as set
  569  forth in s. 83.59(3)(c).
  570         (11)(6) A landlord who violates any provision of this
  571  section is shall be liable to the tenant for actual and
  572  consequential damages or 3 months’ rent, whichever is greater,
  573  and costs, including attorney’s fees. Subsequent or repeated
  574  violations that are not contemporaneous with the initial
  575  violation are shall be subject to separate awards of damages.
  576         (12)(7) A violation of this section constitutes irreparable
  577  harm for the purposes of injunctive relief.
  578         (13)(8) The remedies provided by this section are not
  579  exclusive and do not preclude the tenant from pursuing any other
  580  remedy at law or equity that the tenant may have. The remedies
  581  provided by this section shall also apply to a servicemember or
  582  person who is a prospective tenant who has been discriminated
  583  against under subsections (3) and (4) subsection (3).
  584         Section 11. Section 83.675, Florida Statutes, is created to
  585  read:
  586         83.675Tenant opportunity to purchase.—
  587         (1)For purposes of this section, the term:
  588         (a)“Bona fide offer of sale” means an offer for a price,
  589  and, including other material terms, that is at least as
  590  favorable as what would be accepted by a purchaser in an arm’s
  591  length third-party contract, that is comparable to that at which
  592  a willing seller and a willing buyer would sell and purchase the
  593  dwelling unit or premises, or that is the appraised value.
  594         (b)“Highest and best use” means the reasonable legal use
  595  of a dwelling unit or the premises on which the dwelling unit is
  596  located that is physically possible, appropriately supported,
  597  and financially feasible and that results in the highest value
  598  of the dwelling unit or premises.
  599         (c)“Matter-of-right” means the appropriate land use,
  600  development density, or building requirements of the dwelling
  601  unit or premises under zoning regulations and law.
  602         (2)Before a landlord may sell a dwelling unit or the
  603  premises on which a dwelling unit is located or issue a notice
  604  to vacate the dwelling unit or premises for purposes of
  605  demolition or discontinuance of housing use, the landlord must
  606  give the tenant an opportunity to purchase the dwelling unit or
  607  the premises at a price and with material terms that represent a
  608  bona fide offer of sale.
  609         (3)A landlord shall provide the tenant a copy of the offer
  610  of sale, in the preferred language of the tenant, by hand
  611  delivery, e-mail, and certified mail. A landlord may not retain
  612  a percentage of ownership in the dwelling unit or premises in
  613  the offer of sale.
  614         (4)The sales price contained in the offer of sale may not
  615  be more than a price comparable to that at which a willing
  616  seller and a willing buyer would sell and purchase the dwelling
  617  unit or premises or the appraised value of the dwelling unit or
  618  premises.
  619         (5)The appraisal value shall be based on rights a landlord
  620  has as a matter-of-right as of the date of the offer of sale,
  621  including any existing right a landlord may have to convert the
  622  dwelling unit or premises to another use. The appraisal value
  623  may take into consideration the highest and best use of the
  624  dwelling unit or premises.
  625         (6)A tenant may challenge an offer of sale as not being a
  626  bona fide offer of sale and request a determination of the
  627  appraised value by an independent licensed appraiser, as defined
  628  in s. 475.611, at the expense of the tenant, by providing
  629  written notice to the landlord and the Division of Consumer
  630  Services within the Department of Agriculture and Consumer
  631  Services by hand delivery, electronic transmission, or certified
  632  mail within 30 days after receipt of the offer of sale.
  633         (7)The landlord has the burden of proof to establish that
  634  an offer of sale under this section is a bona fide offer of
  635  sale.
  636         Section 12. Section 83.676, Florida Statutes, is created to
  637  read:
  638         83.676Early termination of rental agreement by a victim of
  639  domestic violence, dating violence, sexual violence, or
  640  stalking; lock changing.—
  641         (1)As used in this section, the term:
  642         (a)“Dating violence” has the same meaning as in s.
  643  784.046.
  644         (b)“Domestic violence” has the same meaning as in s.
  645  741.28.
  646         (c)“Sexual violence” has the same meaning as in s.
  647  784.046.
  648         (d)“Stalking” has the same meaning as in s. 784.048.
  649         (2)A landlord may not terminate a rental agreement or
  650  evict a tenant for an incident involving actual or threatened
  651  domestic violence, dating violence, sexual violence, or stalking
  652  if the tenant or the tenant’s minor child is the victim of such
  653  actual or threatened violence or stalking. A rental agreement
  654  may not include a provision deeming that early termination of a
  655  rental agreement because of an incident involving actual or
  656  threatened domestic violence, dating violence, sexual violence,
  657  or stalking, in which the tenant or the tenant’s minor child is
  658  a victim and not the perpetrator, is a breach of the rental
  659  agreement.
  660         (3)(a)If a tenant or a tenant’s minor child is a victim of
  661  actual or threatened domestic violence, dating violence, sexual
  662  violence, or stalking during the term of a rental agreement, the
  663  tenant may, without penalty, terminate the rental agreement at
  664  any time by providing the landlord with written notice of the
  665  tenant’s intent to terminate the rental agreement and to vacate
  666  the premises because of such incident. The termination of the
  667  rental agreement is effective immediately upon delivery of the
  668  written notice and documentation specified in paragraph (b), if
  669  applicable, to the landlord.
  670         (b)Unless the landlord notifies the tenant that
  671  documentation is not needed, a notice of termination from the
  672  tenant required under paragraph (a) must be accompanied by
  673  documentation verifying the tenant’s or the tenant’s minor
  674  child’s status as a victim of actual or threatened domestic
  675  violence, dating violence, sexual violence, or stalking and may
  676  include:
  677         1.A copy of an injunction for protection against domestic
  678  violence, dating violence, sexual violence, or stalking issued
  679  to the tenant as victim or as parent of a minor victim;
  680         2.A copy of an order of no contact or a criminal
  681  conviction entered by a court in a criminal case in which the
  682  defendant was charged with a crime relating to domestic
  683  violence, dating violence, sexual violence, or stalking against
  684  the tenant or the tenant’s minor child;
  685         3.A written verification from a domestic violence center
  686  certified under chapter 39 or a rape crisis center as defined in
  687  s. 794.055 which states that the tenant or the tenant’s minor
  688  child is a victim of actual or threatened domestic violence,
  689  dating violence, sexual violence, or stalking; or
  690         4.A copy of a law enforcement report documenting an
  691  incident of actual or threatened domestic violence, dating
  692  violence, sexual violence, or stalking against the tenant or the
  693  tenant’s minor child.
  694         (c)A notice of termination from the tenant required under
  695  paragraph (a) must be provided by certified mail or hand
  696  delivery to the landlord, a person authorized to receive notices
  697  on behalf of the landlord under s. 83.50, a resident manager, or
  698  the person or entity that collects the rent on behalf of the
  699  landlord.
  700         (d)If a rental agreement with a specific duration is
  701  terminated by a tenant under this subsection less than 30 days
  702  before the end of the rental agreement, the tenant is liable for
  703  the rent for the remaining period of the rental agreement. If a
  704  rental agreement with a specific duration is terminated by a
  705  tenant under this subsection 30 or more days before the end of
  706  the rental agreement, the tenant is liable for prorated rent for
  707  a period of 30 days immediately following delivery of the notice
  708  of termination. After compliance with this paragraph, the tenant
  709  is released from any further obligation to pay rent,
  710  concessions, damages, fees, or penalties, and the landlord is
  711  not entitled to the remedies provided in s. 83.595.
  712         (e)If a rental agreement is terminated by a tenant under
  713  this subsection, the landlord must comply with s. 83.49(3). A
  714  tenant who terminates a rental agreement under this subsection
  715  does not forfeit any deposit money or advance rent paid to the
  716  landlord.
  717         (f)This subsection does not affect a tenant’s liability
  718  for unpaid rent or other amounts owed to the landlord before the
  719  termination of the rental agreement under this subsection.
  720         (g)If the perpetrator of actual or threatened domestic
  721  violence, dating violence, sexual violence, or stalking is also
  722  a tenant under the same rental agreement as the tenant who is a
  723  victim, or whose minor child is a victim, of such actual or
  724  threatened violence or stalking, neither the perpetrator’s
  725  liability for rent nor his or her other obligations under the
  726  rental agreement are terminated under this subsection, and the
  727  landlord is entitled to the rights and remedies provided by this
  728  part against the perpetrator.
  729         (4)(a)A tenant or a tenant’s minor child who is a victim
  730  of actual or threatened domestic violence, dating violence,
  731  sexual violence, or stalking and who wishes to remain in the
  732  dwelling unit may make a written request to the landlord
  733  accompanied by any one of the documents listed in paragraph
  734  (3)(b), and the landlord shall, within 24 hours after receipt of
  735  the request, change the locks of the tenant’s dwelling unit and
  736  provide the tenant with a key to the new locks.
  737         (b)If the landlord fails to change the locks within 24
  738  hours, the tenant may change the locks without the landlord’s
  739  permission, notwithstanding any contrary provision in the rental
  740  agreement or other applicable rules or regulations imposed by
  741  the landlord, if all of the following conditions have been met:
  742         1.The locks are changed in like manner as if the landlord
  743  had changed the locks, with locks of similar or better quality
  744  than the original locks.
  745         2.The landlord is notified within 24 hours after the
  746  changing of the locks.
  747         3.The landlord is provided a key to the new locks within a
  748  reasonable time.
  749         (c)If the locks are changed under this subsection, the
  750  landlord is not liable to any person who does not have access to
  751  the dwelling unit.
  752         (5)A landlord may not refuse to enter into a rental
  753  agreement for a dwelling unit, refuse to negotiate for the
  754  rental of a dwelling unit, make a dwelling unit unavailable, or
  755  retaliate in the rental of a dwelling unit because:
  756         (a)The tenant, prospective tenant, or minor child of the
  757  tenant or prospective tenant is a victim of actual or threatened
  758  domestic violence, dating violence, sexual violence, or
  759  stalking; or
  760         (b)The tenant or prospective tenant has previously
  761  terminated a rental agreement because of an incident involving
  762  actual or threatened domestic violence, dating violence, sexual
  763  violence, or stalking in which the tenant, prospective tenant,
  764  or minor child of the tenant or prospective tenant was a victim.
  765  
  766  However, the landlord may refuse to enter into a rental
  767  agreement, negotiate for the rental of a dwelling unit, or make
  768  a dwelling unit available if the tenant or prospective tenant
  769  fails to comply with the landlord’s request for documentation of
  770  an incident of actual or threatened domestic violence, dating
  771  violence, sexual violence, or stalking that occurred before
  772  termination of a prior rental agreement. A landlord’s request
  773  for documentation is satisfied upon the tenant’s or prospective
  774  tenant’s provision of any one of the documents listed in
  775  paragraph (3)(b).
  776         (6)All information provided to a landlord under
  777  subsections (3), (4), and (5), including the fact that a tenant,
  778  prospective tenant, or a tenant’s or prospective tenant’s minor
  779  child is a victim of actual or threatened domestic violence,
  780  dating violence, sexual violence, or stalking, and including the
  781  tenant’s forwarding address, is confidential. The landlord may
  782  not enter such information into any shared database or provide
  783  the information to any other person or entity, except to the
  784  extent such disclosure is:
  785         (a)Made to a person specified in paragraph (3)(c) solely
  786  for a legitimate business purpose;
  787         (b)Requested, or consented to, in writing by the tenant or
  788  the tenant’s legal guardian;
  789         (c)Required for use in a judicial proceeding; or
  790         (d)Otherwise required by law.
  791         (7)A tenant or prospective tenant, on his or her own
  792  behalf or on behalf of his or her minor child, may file a civil
  793  action against a landlord for a violation of this section. A
  794  landlord who violates subsection (5) or subsection (6) is
  795  civilly liable to the victim for $1,000 for punitive damages,
  796  actual and consequential damages, and court costs, including
  797  reasonable attorney fees, unless the landlord can show that this
  798  was the landlord’s first violation and the violation was not
  799  committed in bad faith. Subsequent or repeated violations that
  800  are not contemporaneous with the initial violation are subject
  801  to separate awards of damages.
  802         (8)The provisions of this section may not be waived or
  803  modified by a rental agreement.
  804         Section 13. This act shall take effect July 1, 2019.
  805