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Florida Senate
-
2026
SB 716
By
Senator Jones
34-01639-26 2026716__
1 A bill to be entitled
2 An act relating to rental agreements for residential
3 tenancies; amending s. 83.47, F.S.; prohibiting the
4 imposition of certain fees, surcharges, and time
5 periods in rental agreements; amending s. 83.56, F.S.;
6 revising the time period for payment of rent from 3
7 days to 5 days; prohibiting landlords from imposing
8 any fee or surcharge during such time period; amending
9 s. 83.60, F.S.; conforming a provision to changes made
10 by the act; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraphs (c) and (d) are added to subsection
15 (1) of section 83.47, Florida Statutes, to read:
16 83.47 Prohibited provisions in rental agreements.—
17 (1) A provision in a rental agreement is void and
18 unenforceable to the extent that it:
19
(c)
Imposes any fee or surcharge during the 5-day period
20
for paying rent as required under s. 83.56(3).
21
(d)
Imposes a period of time, regardless of the phrase
22
used, in which a tenant must pay an additional fee each rental
23
period for a specified duration because the tenant missed a rent
24
payment or was late in paying rent.
25 Section 2. Subsection (3) and paragraph (a) of subsection
26 (5) of section 83.56, Florida Statutes, are amended to read:
27 83.56 Termination of rental agreement.—
28 (3) If the tenant fails to pay rent when due and the
29 default continues for
5
3
days, excluding Saturday, Sunday, and
30 legal holidays, after delivery of written demand by the landlord
31 for payment of the rent or possession of the premises, the
32 landlord may terminate the rental agreement. Legal holidays for
33 the purpose of this section
are
shall be
court-observed holidays
34 only. The
landlord may not impose any fee or surcharge during
35
the 5-day period. The 5-day
3-day
notice
must
shall
contain a
36 statement in substantially the following form:
37
38 You are hereby notified that you are indebted to me in
39 the sum of .... dollars for the rent and use of the
40 premises ...(address of leased premises, including
41 county)..., Florida, now occupied by you and that I
42 demand payment of the rent or possession of the
43 premises within
5
3
days (excluding Saturday, Sunday,
44 and legal holidays)
after
from
the date of delivery of
45 this notice, to wit: on or before the .... day of
46 ...., ...(year)....
47 ...(landlord’s name, address and phone number)...
48
49 (5)(a) If the landlord accepts rent with actual knowledge
50 of a noncompliance by the tenant or accepts performance by the
51 tenant of any other provision of the rental agreement that is at
52 variance with its provisions, or if the tenant pays rent with
53 actual knowledge of a noncompliance by the landlord or accepts
54 performance by the landlord of any other provision of the rental
55 agreement that is at variance with its provisions, the landlord
56 or tenant waives his or her right to terminate the rental
57 agreement or to bring a civil action for that noncompliance, but
58 not for any subsequent or continuing noncompliance. However, a
59 landlord does not waive the right to terminate the rental
60 agreement or to bring a civil action for that noncompliance by
61 accepting partial rent for the period. If partial rent is
62 accepted after posting the notice for nonpayment, the landlord
63 must:
64 1. Provide the tenant with a receipt stating the date and
65 amount received and the agreed upon date and balance of rent due
66 before filing an action for possession;
67 2. Place the amount of partial rent accepted from the
68 tenant in the registry of the court upon filing the action for
69 possession; or
70 3. Post a new
5-day
3-day
notice reflecting the new amount
71 due.
72 Section 3. Subsection (2) of section 83.60, Florida
73 Statutes, is amended to read:
74 83.60 Defenses to action for rent or possession;
75 procedure.—
76 (2) In an action by the landlord for possession of a
77 dwelling unit, if the tenant interposes any defense other than
78 payment, including, but not limited to, the defense of a
79 defective
5-day
3-day
notice, the tenant shall pay into the
80 registry of the court the accrued rent as alleged in the
81 complaint or as determined by the court and the rent that
82 accrues during the pendency of the proceeding, when due. The
83 clerk shall notify the tenant of such requirement in the
84 summons. Failure of the tenant to pay the rent into the registry
85 of the court or to file a motion to determine the amount of rent
86 to be paid into the registry within 5 days, excluding Saturdays,
87 Sundays, and legal holidays, after the date of service of
88 process constitutes an absolute waiver of the tenant’s defenses
89 other than payment, and the landlord is entitled to an immediate
90 default judgment for removal of the tenant with a writ of
91 possession to issue without further notice or hearing thereon.
92 If a motion to determine rent is filed, documentation in support
93 of the allegation that the rent as alleged in the complaint is
94 in error is required. Public housing tenants or tenants
95 receiving rent subsidies are required to deposit only that
96 portion of the full rent for which they are responsible pursuant
97 to the federal, state, or local program in which they are
98 participating.
99 Section 4. This act shall take effect July 1, 2026.