Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
title
MOTION TO ENACT Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO REPEALING ARTICLE IV OF CHAPTER 20 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); IMPLEMENTING HB 1417 PREEMPTING THE REGULATION OF RESIDENTIAL TENANCIES AND LANDLORD-TENANT RELATIONSHIP TO THE STATE OF FLORIDA; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
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Why Action is Necessary
Implements HB 1417 (2023 legislative session) preempting the regulation of residential tenancies and landlord-tenant relationship to the State of Florida.
What Action Accomplishes
Allows for the Board's consideration of the proposed Ordinance.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
In 2022, the Board enacted Article IV of Chapter 20 of the Code, which provided enhanced protections to residential tenants by requiring landlords to give at least 60 days' notice of rent increases of more than 5%, and further requiring landlords to provide tenants with a disclosure regarding their rights and information regarding available community resources.
In its 2023 session, the Florida legislature passed HB 1417 which, among other things, preempts to the state "[the regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under Part II of Chapter 83, Florida Statutes]." The preemption in HB 1417 "supersedes any local government regulations on matters covered under [Part II of Chapter 83, Florida Statutes], including, but not limited to, the screening process used by a landlord in approving tenants; security deposits; rental agreement applications and fees associated with such applications; terms and conditions ...
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