HB 985 — Housing

Summary

Housing; Creates Department of Housing & Tenant Rights; provides for secretary be appointed by Governor & confirmed by Senate; provides purpose of department; requires department submit a report; revises provisions relating to residential tenancies, landlords, & tenants, including requirements for rental agreements, security deposits, notices, evictions, rights to purchase, rent control, impact fees, abandonment of property, & documentary stamp taxes.

Bill Text

• Introduced H 985 Filed Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill creates the Department of Housing and Tenant Rights and significantly modifies various aspects of landlord-tenant relationships in Florida law.

• Section 20.71

  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.

  Establishes a new state department focused on housing and tenant rights.

• 83.43

  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. → 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.

  Clarifies that various fees are not considered rent.

• 83.455

  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.

  Implements requirements for rental agreements to enhance tenant rights.

• 83.46

  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.

  Mandates advance written notice to tenants for planned rent increases.

• 83.67

  prohibiting a landlord from engaging in certain conduct; providing definitions;

  Adds conduct prohibitions for landlords regarding tenant relations.

• 83.676

  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 landlord;

  Strengthens protections for tenants who are victims of violence.

• 163.31801

  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;

  Empowers local governments to implement impact fees for housing developments.

Action History

1. March 08, 2024

   Died in State Affairs Committee

2. January 09, 2024

   1st Reading (Original Filed Version)

3. January 08, 2024

   Now in State Affairs Committee

4. January 08, 2024

   Referred to Judiciary Committee

5. January 08, 2024

   Referred to Appropriations Committee

6. January 08, 2024

   Referred to State Affairs Committee

7. December 21, 2023

   Filed

Sponsors

• Dr. Anna V. Eskamani · Primary
• Dotie Joseph · Primary
• Jennifer "Rita" Harris · Cosponsor
• Felicia Simone Robinson · Cosponsor

Subjects