Florida SB 716: Dental Services

Bill Text

716 
Rental Agreements for Residential Tenancies 
2025-12-18T08:21:57Z 
Prohibiting the imposition of certain fees, surcharges, and time periods in rental agreements; revising the time period for payment of rent from 3 days to 5 days; prohibiting landlords from imposing any fee or surcharge during such time period, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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 s