Florida Senate - 2024                                      SB 64
       By Senator Osgood
       32-00314-24                                             202464__
    1                        A bill to be entitled                      
    2         An act relating to landlords and tenants; amending s.
    3         83.46, F.S.; limiting rent increases of certain
    4         residential tenancies to a specified amount and
    5         frequency; providing applicability; amending s. 83.51,
    6         F.S.; requiring certain landlords to provide
    7         functioning facilities for air-conditioning; amending
    8         s. 83.56, F.S.; defining the term “legal holidays”;
    9         revising the required notice to a tenant before a
   10         landlord can terminate a rental agreement; authorizing
   11         a landlord to terminate a rental agreement or bring an
   12         action for noncompliance even if a tenant provides
   13         partial payment of past due rent under certain
   14         circumstances; amending s. 83.60, F.S.; conforming
   15         provisions to changes made by the act; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Subsection (4) is added to section 83.46,
   21  Florida Statutes, to read:
   22         83.46 Rent; duration of tenancies.—
   23         (4)(a)If the same tenant occupies a dwelling unit over any
   24  12-month period, the rent for the dwelling unit may not be
   25  increased more than once over that 12-month period.
   26         (b)Beginning July 1, 2024, and subject to paragraph (c), a
   27  landlord may not, over the course of any 12-month period,
   28  increase the rent for a dwelling unit more than 30 percent of
   29  the current rent.
   30         (c)1.Paragraph (b) does not apply to a new rental
   31  agreement in which no tenant from the prior rental agreement
   32  remains in lawful possession of the dwelling unit when a
   33  landlord is establishing the initial rent for the dwelling unit.
   34  Paragraph (b) only applies to subsequent rent increases after
   35  the initial rent has been established.
   36         2.Paragraph (b) does not apply and a landlord may increase
   37  the rent for a dwelling unit more than 30 percent of the current
   38  rent if the landlord’s actual expenses due to repairs, fees,
   39  insurance adjustments, or property taxes exceed 30 percent of
   40  the current rent.
   41         Section 2. Paragraph (a) of subsection (2) of section
   42  83.51, Florida Statutes, is amended to read:
   43         83.51 Landlord’s obligation to maintain premises.—
   44         (2)(a) Unless otherwise agreed in writing, in addition to
   45  the requirements of subsection (1), the landlord of a dwelling
   46  unit other than a single-family home or duplex shall, at all
   47  times during the tenancy, make reasonable provisions for:
   48         1. The extermination of rats, mice, roaches, ants, wood
   49  destroying organisms, and bedbugs. When vacation of the premises
   50  is required for such extermination, the landlord is not liable
   51  for damages but shall abate the rent. The tenant must
   52  temporarily vacate the premises for a period of time not to
   53  exceed 4 days, on 7 days’ written notice, if necessary, for
   54  extermination pursuant to this subparagraph.
   55         2. Locks and keys.
   56         3. The clean and safe condition of common areas.
   57         4. Garbage removal and outside receptacles therefor.
   58         5. Functioning facilities for air-conditioning, heat during
   59  winter, running water, and hot water.
   60         Section 3. Subsection (3) and paragraph (a) of subsection
   61  (5) of section 83.56, Florida Statutes, are amended to read:
   62         83.56 Termination of rental agreement.—
   63         (3) If the tenant fails to pay rent when due and the
   64  default continues for 3 days, excluding Saturday, Sunday, and
   65  legal holidays, after delivery of written demand by the landlord
   66  for payment of the rent or possession of the premises, the
   67  landlord may terminate the rental agreement. Legal holidays for
   68  the purpose of this section are shall be court-observed holidays
   69  only. The 3-day notice must shall contain a statement in
   70  substantially the following form:
   71         You are hereby notified that you are indebted to me in the
   72  sum of .... dollars for the rent and use of the premises at
   73  ...(address of leased premises, including county)..., Florida,
   74  now occupied by you and that I demand payment of the rent or
   75  possession of the premises within 3 days (excluding Saturday,
   76  Sunday, and legal holidays) after from the date of delivery of
   77  this notice, to wit: on or before the .... day of ....,
   78  ...(year).... If partial payment of the rent is made, I maintain
   79  the right to terminate the rental agreement or bring a cause of
   80  action for possession of the dwelling unit if the remainder of
   81  the rent is not paid within 15 days after the date of delivery
   82  of the partial payment.
   83  ...(landlord’s name, address and phone number)...
   84         (5)(a) If the landlord accepts rent with actual knowledge
   85  of a noncompliance by the tenant or accepts performance by the
   86  tenant of any other provision of the rental agreement that is at
   87  variance with its provisions, or if the tenant pays rent with
   88  actual knowledge of a noncompliance by the landlord or accepts
   89  performance by the landlord of any other provision of the rental
   90  agreement which that is at variance with its provisions, the
   91  landlord or tenant waives his or her right to terminate the
   92  rental agreement or to bring a civil action for that
   93  noncompliance, but not for any subsequent or continuing
   94  noncompliance. However, a landlord does not waive the right to
   95  terminate the rental agreement or to bring a civil action for
   96  that noncompliance by accepting partial rent for the period. If
   97  the tenant pays a portion of the past due rent, the landlord may
   98  still terminate the rental agreement or bring a civil action for
   99  that noncompliance if the tenant fails to pay the remainder of
  100  the past due amount within 15 days after the date of delivery of
  101  the partial payment to the landlord. If partial rent is accepted
  102  after posting the notice for nonpayment, the landlord must:
  103         1. Provide the tenant with a receipt stating the date and
  104  amount received and the agreed upon date and balance of rent due
  105  before filing an action for possession;
  106         2. Place the amount of partial rent accepted from the
  107  tenant in the registry of the court upon filing the action for
  108  possession; or
  109         3. Deliver Post a new 3-day notice as described in
  110  subsection (3) to the tenant which reflects reflecting the new
  111  amount of rent due.
  112         Section 4. Subsection (2) of section 83.60, Florida
  113  Statutes, is amended to read:
  114         83.60 Defenses to action for rent or possession;
  115  procedure.—
  116         (2) In an action by the landlord for possession of a
  117  dwelling unit, if the tenant interposes any defense other than
  118  payment, including, but not limited to, the defense of a
  119  defective 3-day notice as required under s. 83.56, the tenant
  120  must shall pay into the registry of the court the accrued rent
  121  as alleged in the complaint or as determined by the court and
  122  the rent that accrues during the pendency of the proceeding,
  123  when due. The clerk shall notify the tenant of such requirement
  124  in the summons. Failure of the tenant to pay the rent into the
  125  registry of the court or to file a motion to determine the
  126  amount of rent to be paid into the registry within 5 days,
  127  excluding Saturdays, Sundays, and legal holidays, after the date
  128  of service of process constitutes an absolute waiver of the
  129  tenant’s defenses other than payment, and the landlord is
  130  entitled to an immediate default judgment for removal of the
  131  tenant with a writ of possession to issue without further notice
  132  or hearing thereon. If a motion to determine rent is filed,
  133  documentation in support of the allegation that the rent as
  134  alleged in the complaint is in error is required. Public housing
  135  tenants or tenants receiving rent subsidies are required to
  136  deposit only that portion of the full rent for which they are
  137  responsible pursuant to the federal, state, or local program in
  138  which they are participating.
  139         Section 5. This act shall take effect July 1, 2024.