Florida HB 1417 Preemption: What Happened to Local Tenant Protections
On June 29, 2023, Florida Governor Ron DeSantis signed HB 1417 into law. Effective July 1, 2023, the bill created Fla. Stat. § 83.425 — preempting all city- and county-level tenant protection ordinances statewide. Approximately 40 local ordinances were nullified overnight. This is a guide to what changed and what it means for landlords and tenants in 2026.
Florida HB 1417 (eff. 7/1/2023) preempted all local tenant ordinances. Miami-Dade's Tenant Bill of Rights, Miami Beach's 60-day rent-increase notice, Orange County's Fair Notice Ordinance, and ~40 others are no longer enforceable. Florida state law (Chapter 83) alone governs residential tenancies. The eviction process itself is unchanged.
What HB 1417 actually did
HB 1417 amended Florida Statutes Chapter 83 to add § 83.425, which states:
"The regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under this part are preempted to the state."
The legal effect is sweeping: any local government ordinance regulating residential leases, notice requirements, source-of-income discrimination, late fees, security deposits, or related matters became void on July 1, 2023.
Major Florida ordinances preempted
A non-exhaustive list of significant local ordinances that were nullified:
| Jurisdiction | Ordinance | Passed | Key provision |
|---|---|---|---|
| Miami-Dade County | Tenant's Bill of Rights (Ord. 22-47) | May 2022 | 60-day notice for rent increases over 5% |
| City of Miami | Tenant Bill of Rights | 2022 | Notice requirements, anti-retaliation provisions |
| Miami Beach | Substantial Rent Hike Notice | February 2021 | 60-day written notice before rent increase over 5% |
| Orange County | Fair Notice Ordinance | 2021 | 60-day notice for rent hikes exceeding 5% |
| Hillsborough County | Tenant Notice Ordinance | 2022 | Source-of-income protections, notice requirements |
~40 local ordinances total were preempted. Above are the largest by population covered.
What still stands
- · Florida state law (Chapter 83) — the Florida Residential Landlord and Tenant Act
- · Local Offices of Housing Advocacy — counseling/referral functions (no enforcement teeth)
- · Federal protections — Fair Housing Act, Section 8 voucher protections under HUD
- · Local zoning and building codes — habitability and code compliance, separate from lease relationship
- · Common law landlord obligations — duty to maintain habitable premises, etc.
What this means for landlords in 2026
- No 60-day rent-increase notice required. The state's standard rules apply (typically 15-day notice before next rental period for month-to-month).
- No local cure-period add-ons. The 3-day, 7-day, and 15-day notice periods under § 83.56–§ 83.57 are the entire statutory framework.
- Source-of-income discrimination rules vary. State law does not prohibit source-of-income discrimination (e.g., refusing Section 8). Federal rules still apply to HUD-financed properties.
- Eviction filing fee, courthouse, and process are unchanged. $185 in Miami-Dade as of 2026; same procedural rules statewide.
FAQ
Is the Miami-Dade Tenant Bill of Rights still in effect?
No. The Miami-Dade Tenant's Bill of Rights (Ordinance 22-47, passed May 2022) was preempted by Florida HB 1417 effective July 1, 2023. The Office of Housing Advocacy still operates as a counseling and resource center, but its enforcement provisions are no longer in force.
Does Miami Beach's 60-day rent-increase notice ordinance still apply?
No. Miami Beach passed a 60-day notice-of-rent-increase ordinance in February 2021, but it was preempted by HB 1417 in 2023. Florida state law alone governs landlord-tenant relationships in Miami Beach today.
What does Florida Statute § 83.425 actually say?
It declares that "the regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under this part are preempted to the state." This means cities and counties cannot enact their own landlord-tenant rules — only Florida state law (Chapter 83) applies.
Did HB 1417 change the eviction process itself?
No. The eviction process — 3-Day, 7-Day, 15-Day notices, county clerk filing, sheriff lockout — was already governed by state law (Chapter 83) and remains unchanged. HB 1417 only nullified the local ADD-ON ordinances that some cities and counties had layered on top.
Can a city or county still pass new tenant protections in Florida?
Not in areas covered by Chapter 83, Part II. The preemption is broad. Cities can still regulate matters outside the landlord-tenant relationship (zoning, building codes, occupational licensing) but not the lease relationship itself.
What was the rationale for HB 1417?
Sponsors argued for a uniform statewide framework so that landlords operating in multiple Florida jurisdictions wouldn't face a patchwork of different notice and protection rules. Critics — including affordable housing advocates — argued the bill stripped meaningful tenant protections that local governments had passed in response to Florida's housing affordability crisis.
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