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Legislation·Statewide

Florida Landlord Law Update:

Proposed Maintenance Mandates Failed

Chapter 2025-16 now allows email delivery of extermination notices under §83.51, while proposed air-conditioning and water-safety mandates (SB 322, HB 241, CS/HB 79, CS/CS/SB 658) failed to become law during the 2026 session.

By FLN News Desk
October 19, 2026Updated Oct 19, 20262 min read
Florida Landlord Law Update:

Florida landlords reviewing their maintenance responsibilities should distinguish between enacted changes and proposals that failed during the 2026 legislative session.

The latest enacted amendment to Florida Statute §83.51, which governs landlords' obligations to maintain rental premises, came through Chapter 2025-16, effective July 1, 2025. It expanded a notice-delivery option without rewriting the statute's underlying maintenance duties.

What changed: email delivery for extermination notices

When a tenant must temporarily vacate for extermination under §83.51(2)(a)1, the landlord must provide seven days' written notice. The amendment expressly permits that notice by email when delivered in accordance with §83.505, the electronic-notice statute.

Landlords must follow the statutory electronic-delivery agreement requirements; having a tenant's email address alone does not establish authorization. The existing provisions limiting the required absence to four days and requiring rent abatement remain in place.

Screen maintenance remains a landlord responsibility

Under §83.51(1)(b), landlords must ensure that screens are installed in reasonable condition when the tenancy begins. Afterward, the landlord must repair screen damage once annually, when necessary, until the rental agreement ends.

This is an existing requirement, not a new 2025 or 2026 change. The statute also allows subsection (1) obligations to be altered or modified in writing for a single-family home or duplex. Separately, subsection (4) addresses conditions caused by negligent or wrongful acts or omissions of tenants, their family members, or others present with their consent.

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Air-conditioning proposal died in committee

SB 322, titled "Construction," proposed expanding landlord obligations to include functioning cooling facilities, with related requirements and exceptions. It died in the Senate Regulated Industries Committee on March 13, 2026.

A separate proposal, HB 241, would have required specified cooling equipment and repair or replacement within a stated timeframe. Its outcome was different: it was withdrawn before introduction on November 5, 2025, rather than dying in committee. Neither proposal became law.

Water-safety proposals also failed

Two related water-safety measures did not complete the legislative process:

  • CS/HB 79, addressing specified safety features at certain vacation rentals, died in the House Housing, Agriculture & Tourism Subcommittee on March 13, 2026.
  • CS/CS/SB 658, addressing water-safety requirements for certain residential and vacation rentals, passed the Senate 37–0 but died in House Messages on March 13, 2026. It therefore advanced beyond committee but still did not become law.

What landlords should do now

Review notice procedures and electronic-delivery agreements, while continuing to meet existing maintenance responsibilities. The failure of these proposals does not eliminate obligations arising under current law, applicable codes, or the lease.

A bill can attract plenty of attention without ever becoming law. Before changing your lease or operating procedures, check the final outcome—not just the proposed effective date.

Use the email-notice option carefully, keep good records, and stay attentive to maintenance. A failed proposal is no reason to postpone a needed repair.

Disclaimer: Florida Landlord Network is a non-attorney service. This article is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney for guidance specific to your situation.

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Important Notice: Florida Landlord Network is an independent, non-attorney service. We urge you to consult an attorney before relying on any publication, using any document or described procedure found herein. Florida Landlord Network is not licensed by the Florida Bar to practice law and is not authorized to give legal advice or tell you your legal rights.