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Florida Legislature Is About to Repeal All Local Tenant Bill of Rights Ordinances

April 27, 2023 | FlaglerLive | 6 Comments

A share of new homes in Palm Coast is going into the rental market. (© FlaglerLive)
A share of new homes in Palm Coast is going into the rental market. (© FlaglerLive)

As rent costs rise dramatically in Florida, dozens of cities and counties have been passing ordinances — often called tenant “bill of rights” — to give some protections to renters. But the Legislature is now looking to eliminate those ordinances.

In fact, the Florida House is one vote away from repealing all of those ordinances, from Miami, Miami-Dade and Tampa to Orange County and dozens more municipalities and counties. The Senate version is also pursuing the legislation.




The measure (HB 1417 ) would take away local control of the regulation of residential rentals and preempt that power to the state — meaning that the ordinances would go away.

The bill also sets the notice period for terminating month-to-month tenancy from 15 days’ notice to 30 days’ notice. And for tenants with a specific duration, the rental agreement can’t require less than 30 days’ notice or more than 60 days’ notice of termination, instead of more than 60 days’ notice as required in current law.

“This bill protects tenants. This bill protects property owners. And this bill protects capitalism,” said Lee County Republican Tiffany Esposito, the House bill sponsor, who had been discussing the bill on the House floor but had not yet moved to a final vote on the issue.

florida phoenixHowever, Democrats maintain that the measure was another blow to tenant rights in Florida, as GOP lawmakers already passed legislation earlier in the session in the ‘Live Local Act’ that bans any local government from enacting rent-control measures.

In today’s bill, Democrats proposed 23 different amendments to the measure, many purely symbolic. Tampa Bay area Rep. Michelle Rayner-Goolsby proposed an amendment to retitle the legislation to the “End of Local Freedoms Act,” which she said would simply provide some “transparency” to the measure.

Rayner-Goolsby also proposed a measure that would restore the right for local governments to implement a short-termed rent-control stabilization measure during “states of emergency.” Manatee County Republican Tommy Gregory blasted the idea, saying it was backed by the Democratic Socialists of America and that most economists all agree that rent control has “disparate impacts” on the population.




Saying that she had “lost count’ of the number of her constituents who said that their rent had increased between 20%-40%, Jacksonville Democrat Angie Nixon introduced an amendment that would cap rents at 10%.

That allowed Brevard County Tyler Sirois to blast President Joe Biden, as he asked Nixon if she believed it was the “failed federal policies that have led to inflation” that have contributed to why Floridians are struggling with rent increases.

Nixon responded that she believed it was the “failed policies” that the Legislature have passed in the past year regarding property insurance that have contributed to the rising costs of living in Florida.

Miami-Dade County Democrat Ashley Gantt noted how Miami-Dade voters just passed their own tenant bill-of-rights ordinance last year, and asked Esposito what recourse those voters have to pass such laws in their community.

Esposito said that they could contact their state representative to change Chapter 83 regarding tenants and landlords in state statute.

Gantt responded that she hoped she would get bipartisan support if she proposed such a bill in the next session.

The measure is supported by groups such as the Florida Apartment Association and the Florida Realtors.

The proposal will now go before the entire House for a final vote. Its Senate equivalent (SB 1586) has passed through all of its committees in that chamber and also awaits a final vote in the coming days.

–Mitch Perry, Florida Phoenix

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Reader Interactions

Comments

  1. richard says

    April 27, 2023 at 1:27 pm

    Once again, let voters see the Republican legislators for what they are: DeSantis’s puppets, buddies of big business, and enemies of the working class. And then let voters go to the polls and throw ALL these bums out on their keisters.

  2. joe says

    April 27, 2023 at 2:28 pm

    For most of my life, some basic tenets of Republican politics have been “limited government”, “the government closest to the people governs best” etc….apparently now the central government in Tallahassee knows what’s best for localities?

    Authoritarianism spreads…..

  3. Michael Cocchiola says

    April 27, 2023 at 2:34 pm

    Hey, Flagler Republicans… did you ask for this? Is this one of those freedoms DeSantis is protecting?

    Or, Republicans, is this just the big government takeover you supposedly hate?

  4. Dennis C Rathsam says

    April 27, 2023 at 5:18 pm

    As a landlord here in town, I bought my property and inherited a tennet paying $650, a month. They told me that they were going to buy a home,would I let them out of their lease. I told them sure & I was happy for them. They paid July,s rent and moved out around the 10th. Two weeks later I recieved a letter demanding 1/2 months rent back. My property manager sent them a letter explaiuning the law. They didnt believe them, so they sicked a state renters advicate on me. After 2 letters explaining the truth,then I recieved a letter stating ther was no foul on my part. Mind you this was 10 years ago, now that same apt is $1400. Between the taxes, and the insurance if I can find a new company…you cant make money anymore, its not worth it. And now with the proposed tax hike here in town. Folks are gonna be leaving in droves. I lost my insurance on my personal home to, every bodys leaving, no one wants to insure Fl homes.

  5. c says

    April 28, 2023 at 9:55 am

    The BIG problem is, as you may have noticed, is that the elections aren’t for another 18 months or so, and the amount of damage the Legislature is capable of (and proven willing to already perform) will take YEARS to repeal and repair – if ever.

    That’s why DeSantis and his posse are on a fast-track crusade to change/abolish/or create as many favorable laws and regulations as they can before they get reined in – and then they can all die happy (or get voted out – a fate worse than death, apparently), knowing that their damages will NEVER be completely repaired .

    Think of it this way … You live in an apartment building. One day, for no apparent reason, a madman with a fireaxe breaks into the building and start hacking at doors, walls, windows, etc. Doesn’t attack any person, just fixtures:
    Police are called, they come and arrest the man.
    Total time of building rampage – 12 minutes.
    Time and cost to repair – (Random, very expensive dollar amount) – Minimum time 5 months.
    All as a result of a 12-minute rampage.

    Well, think of the Florida Legislature as the madman, and your rights as a citizen as the building …
    you get the picture.

  6. Kat says

    April 28, 2023 at 12:09 pm

    Florida freedoms are only for business owners and white heterosexual Christian men. If you do not fit into one of those two categories then you better think long and hard before casting your next vote.

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