Each year Florida’s Legislature revises, updates, and enacts new laws which typically have an effective date of July 1. This article gives a general overview, and short summaries of 40 of the 251 New Florida 2025 Laws pertaining to Real Estate and other areas of interest.
Fla. Stat. §83.63 LANDLORD TENANT – Casualty damage. If premises are substantially damaged/destroyed (other than by tenant), Tenant may: (1) terminate and vacate entirely; or (2) Vacate the unusable part and not pay rental value for damaged/destroyed part. ADDS: Tenant must be allowed to collect belongings or be given notice when they may do so within a reasonable time.
Fla. Stat. §83.51 LANDLORD TENANT – Landlord’s obligation to maintain premises. If Landlord needs to exterminate for rats, mice roaches, ants, termites, bedbugs then provide 7 days notice; Tenant only required vacate for 4 days max. Landlord not liable for damages but must abate rent.
Fla. Stat. §83.505 LANDLORD TENANT – Emailing Notices (Residential tenancies). Landlord or Tenant may e-mail any statutorily required notices (e.g. 83.49 Notice of intent of intent to impose claim on deposit; 83.56 + 83.575 Terminating rental agreements; ) to the other party if sign “addendum.” Form provided by statute below:
Landlord Election:
Notices from a tenant may contain time-sensitive information about the tenant’s housing. The election to receive notices from the tenant by e-mail is voluntary.
☐ I, …(name)…, the landlord or the landlord’s agent, agree to receive notices required by the rental agreement or under part II of chapter 83, Florida Statutes, from the tenant by e-mail. I designate the following e-mail address for receipt of notices from the tenant: … (landlord’s or landlord’s agent’s e-mail address)….
☐ I do not agree to receive notices by e-mail.
I may revoke my agreement to receive notices by e-mail by providing written notice to the tenant which is effective upon delivery of such written notice and does not affect the validity of any notice that was previously sent by e-mail.
I may update my e-mail address designated for electronic delivery at any time by providing written notice to the tenant specifying the new e-mail address, which takes effect upon delivery of such notice.
Tenant Election:
Notices from a landlord may contain time-sensitive information about a tenant’s housing. The election to receive notices from the landlord by e-mail is voluntary.
☐ I, …(name)…, the tenant, agree to receive notices required by the rental agreement or under part II of chapter 83, Florida Statutes, from the landlord by e-mail. I designate the following e-mail address for receipt of notices from the landlord: … (tenant’s e-mail address)….
☐ I do not agree to receive notices by e-mail.
I may revoke my agreement to receive notices by e-mail by providing written notice to the landlord which is effective upon delivery of such written notice and does not affect the validity of any notice that was previously sent by e-mail.
I may update my e-mail address designated for electronic delivery at any time by providing written notice to the landlord specifying the new e-mail address, which takes effect upon delivery of such notice
Fla. Stat. §82.036 SQUATTERS – Remove unauthorized persons from RESIDENTIAL real property. Provides Complaint form that must be verified to submit to sheriff’s office. Applies when unauthorized occupants: (1) are not current or former tenants pursuant to any valid lease authorized by the property owner; (2) any lease that may be produced by an occupant is fraudulent; (3) are not an owner or a co-owner; (4) have not been listed on the title [unless they engaged in title fraud]; (5) Have no litigation related to the real property with the property owner; and (6) are not immediate family members of the property owner.
Fla. Stat. §82.037 SQUATTERS – Remove unauthorized persons from COMMERCIAL real property. Basically, same as above for removing people from residential property but now can remove unauthorized persons from Commercial property too if (1) – (5) above applies. Sheriff must serve (or post) a notice to vacate immediately on the occupant(s) and put the owner in possession of their property. Sheriff may arrest for trespass, vandalism, theft, or other crimes. Sheriff may be paid to keep the peace while owner changes locks and moves occupants belongings to curb.
Fla. Stat. §806.13(4) TRESPASS + VANDALISM. Unlawfully detaining, occupying, or trespassing on residential or commercial property, and intentionally causing $1,000 damages = 2º felony.
Fla. Stat. §817.0311 FRAUDULENT SALE OR LEASE – of real property. “A person who lists or advertises real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the property to another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property, commits” 1º felony. [This statute used to only apply to residential property, now it’s any]
Fla. Stat. §193.155(4) CONSTRUCTION – Effect on Homestead Assessment. Once changes, additions, or improvements are substantially completed to a homestead they are re-assed on Jan 1. HOWEVER, if the changes, additions, or improvements are to replace all or part of a homestead (or ancillary structures) damaged or destroyed by misfortune or calamity, then no reassessment so long as: (1) the square footage is not increased more than 130%; and (2) the new square footage is 2000 or less. If the improvements exceeds 130% or 2000 sq ft. then only re-assess the overage.
Fla. Stat. §218.755 CONSTRUCTION – Prompt processing of Change Orders. When local governments requests a Change Order from contractor, then it must approve or deny w/in 35 days or deemed approved.
Fla. Stat. §125.572 CONSTRUCTION – Regulation of synthetic turf (i.e. manufactured grass used for surfaces). Minimum installation standards to be created by Dept. Environmental Protection for residential properties 1 acre or less. Local governments cannot adopt or enforce any ordinance, resolution, order, rule, or policy that regulates synthetic turf.
Fla. Stat. §553.79(1)(f) CONSTRUCTION – Permits; applications; issuance; inspections. Building department cannot require the following as a precondition to issuing a permit: a contract between a builder and an owner, any copies of such contract, or any associated document, including, but not limited to, letters of intent, material costs lists, labor costs, or overhead or profit statements.
Fla. Stat. §489.147(6),(7) CONSTRUCTION (ROOFING) – Roofing Contracts Cancelling Contract. If residential roofing contract was entered into w/in 180 days of Declared State of Emergency, Residential owner may cancel roof contract w/in the earlier of: 10 days after execution or the official start date. Roofing Contract must contain 14 Point Font written notice signed by Owner below it.
“You, the residential property owner, may cancel this contract without penalty or obligation within 10 days after the execution of the contract or by the official start date, whichever comes first, because this contract was entered into within 180 days of events resulting in the declaration of a state of emergency by the Governor. The official start date is the date on which work that includes the installation of materials that will be included in the final work on the roof commences, a permit has been issued, or a temporary repair to the roof covering or roof system has been made in compliance with the Florida Building Code.”
/s/ Owner Signature
“If the proposed work is related to an insurance claim, you, the residential property owner, should contact your insurance company to verify coverage for the proposed roofing work, including any claims, deductibles, and policy terms, before signing this contract. By signing this contract, you acknowledge that you have been advised to contact your insurance provider regarding coverage and reimbursement of the proposed work.”
/s/ Owner Signature
Fla. Stat. §215.55871 GRANT FOR CONDOS ($175,000.00) – My Safe Florida Condominium Pilot Program. Provides a $175,000.00 matching grant (for every $1 spent by the Condo $2 will be paid by the State) for condominiums (3 stories or more w/ at least 2 single family dwellings) for the actual cost of Hurricane Resistance (if recommended in hurricane mitigation inspection report). To participate need: (1) majority vote + 75% of residents; (2) comply with 553.899 inspection requirements and 718.112(2)(h) (e.g. Structural / Milestone Inspections); (3) comply with 718.112(2)(g) (e.g. Structural Integrity Reserve Study); (4) Windows are common elements; and (5) Will result in a mitigation credit, discount, or other rate differential. Grants can be used for Exterior and Garage doors, Windows, Skylights, Roof-to-wall connections, Roof-deck, Roof water resistance, Replacing roof covering.
Fla. Stat. §468.4335 COMMUNITY ASSOCIATION MANAGER – Conflicts of interest. Association may terminate CAM’s contract if CAM fails to disclose to Association’s Board any activity that may reasonably be construed to be a conflict of interest – rebuttable presumption created if CAM proposes or enters contract for services other than community association management services; the CAM or relatives thereto receives compensation; fails to solicit multiple bids after receiving a bid for more than $2500 for certain goods and services; CAM must disclose possible conflicts in meeting notices.
Fla. Stat. §718.111(3)(g) CONDO – CAM licensure. All board members must ensure CAM is licensed before contracting to hire the CAM.
Fla. Stat. §718.112(2)(g)3. CONDO – Structural Integrity Report, Fla. Stat. §553.899 CONDO – Mandatory Structural Inspections. Design professionals and Contractors performing milestone inspection and Structural Integrity reports must disclose their (and their relatives) intent to bid on any services they recommend in the inspection. Authorizing termination of service contract for failure to disclose.
Fla. Stat. §718.111(11) CONDO – Insurance. Regardless of what the Condo docs say, Condo needs insurance coverage for full insurable value, replacement cost, or similar coverage based on the replacement cost of the property, as determined by an independent insurance appraisal. Replacement cost must be determined at least every 3 years.
Fla. Stat. §718.111(12)(a)6. CONDO – Electronic and Video Records. Condo to maintain electronic records of minutes of the association, board of administration, committees and unit owners; and video conferences of such meetings if so conducted.
Fla. Stat. §718.101(33) CONDO – Video Conferences. Notice for meetings conducted by video conference must have: (1) hyperlink; (2) call-in conference telephone number; (3) have a physical location where unit owners can attend in person; (4) be recorded; and (5) be maintained as an official record of the association.
Fla. Stat. §718.112(2)(b)5. CONDO – Board meetings. May be conducted in person or by video conference; but for annual meetings quorum of the Board must be physically present.
Fla. Stat. §718.112(2)(f)2c. CONDO – Structural Integrity Reserve Study. May be funded by regular or special assessments. If funded by lines of credit or loans then need majority voting interests of entire Association, and those funds need to be immediately available for access if and when needed.
Fla. Stat. §718.128 CONDO – Electronic Voting. Provides method for association to conduct elections and for unit owner to vote through an Internet-based online voting system.
Fla. Stat. §718.503(2) CONDO – Disclosures to Residential Buyers (Resales/i.e. Non-Developer sales). Changes date to provide Condo documents from Seller to Buyer from 3 business days to 7 business days.
Fla. Stat. §162.09 DEMOLITION – Unlawful Demolition of Historical Buildings and Structures. Knowing and willful demolition historical building or structure, magistrate may fine up to 20% of fair or just market valuation of the property.
Fla. Stat. §177.071 PLATTING. Requires county or city to designate specific authority to receive and process Plating requests. W/in 7 business days must acknowledge receipt and notify if anything is missing.
Fla. Stat. §125.01055 AFFORDABLE HOUSING. Regardless of zoning, County commissioners may approve affordable housing at a religious institution or its contiguous property if contains a house of public worship.
Fla. Stat. §§605.2101-2802. SERIES LIMITED LIABILITY COMPANY. Brand new area of law. Becomes effective July 1, 2026. This is going to be HUGE, as a new business formation to place multiple properties! The general concept as defined by google AI is that a Series LLC is “a unique business structure that allows for the formation of multiple independent ‘series’ or ‘cells’ under the umbrella of a single LLC. Each series operates as a separate entity with its own assets, members, and liabilities, while still being part of the larger parent LLC. This structure offers asset protection benefits similar to forming separate LLCs but with potentially lower administrative costs.”
OTHER STATUTES OF INTEREST
Fla. Stat. §44.103 NON-BINDING ARBITRATION – Court-ordered, nonbinding arbitration. Arbitrator’s fees used to be capped at $1,500/day. Now there is NO cap.
Fla. Stat. §48.091 SERVICE OF PROCESS – Partnerships, Corps., and LLC’s. Registered agent (“RA”) must be open to serve process from 10AM-12PM and 2PM-4PM each day (excluding weekends and legal holidays); if RA is a natural person, can serve per 48.031 (regarding Service of process generally; service of witness subpoenas.); if RA is not there when required, then Process Server can serve any employee of the RA who is present.
Fla. Stat. §48.161 SERVICE OF PROCESS – Substituted Service. If the individual or business is a nonresident or conceals themselves, then after exercising due diligence to locate and effectuate personal service upon them, you can use substitute service by: (1) serving Florida’s Secretary of State, (2) Sending a notice and copy of the Process to the party’s last known physical address via registered mail, certified mail RRR, or commercial package delivery company; (3) Sending a notice and copy of the Process via email or other electronic means (text?) the parties have recently and regularly used to communicate and to the last known electronic address; (4) Filing an affidavit of compliance.
Fla. Stat. §68.093 Vexatious Litigants. Pro se litigants who’ve: (1) lost 5 cases in the last 7 years; (2) keeps relitigating the same issues against the same party; (3) repeatedly files documents that have already been ruled on; (4) repeatedly files unmeritorious documents; (5) repeatedly conducts unnecessary discovery; (6) engages in frivolous tactics or solely intended to cause delay; (7) has previously been found to be vexatious; May be deemed vexatious litigants and required to put up security (e.g. a reasonable amount to cover the other party’s anticipated expenses, attorney fees and costs) upon Motion by the other party alleging the vexatious litigant is not reasonably likely to prevail. Court may also issue a “prefiling order” stopping the vexatious litigant from filing any new pro se lawsuits without first obtaining permission from the Court.
Fla. Stat. §119.0714(1)(m) PUBLIC DISCLOSURE EXEMPTION – Certain Court Docs. Court documents in noncriminal cases which have been stricken by the court as Immaterial, impertinent, a sham, or would defame or cause unwarranted damage to the good name or reputation of an individual or jeopardize an individual’s safety, are not to be publicly disclosed.
Fla. Stat. §§117.05, 117.051, 501.1391 NOTARIES – Prohibitions relating to immigration. Cannot advertise “his or her notary public services, use the terms notario público, notario, immigration assistant, immigration consultant, or immigration specialist, or any other designation or title, in any language, which conveys or implies that he or she possesses professional legal skills in immigration law.” If notary offers immigration service then must conspicuously post on website and place of business in English and every other language for which immigration services are provided the following statement: I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. I AM NOT ACCREDITED TO REPRESENT YOU IN IMMIGRATION MATTERS. Statutes provide civil cause of action for injunction, damages, and attorney fees.
Fla. Stat. §316.2021 IMPERSONATING DRIVERS – Uber/Lyft/Cab (or the like). 2º Misdemeanor for making false statement; displaying counterfeit sign, emblems, brand, or logo.
Fla. Stat. §509.214 AUTOMATIC TIPS – Gratuity, and Charges at Restaurants. Must provide: (1) written notice on the menu, written contract, website, mobile app; (2) the amount or percentage; (3) the purpose of the “operation charge” [the term includes, but is not limited to, service charges, automatic gratuities, credit card surcharges, and delivery fees] ; (4) in a font equal to or greater than used for menu item descriptions or general provisions of the written contract; (5) if no menus then notice must appear in obvious and clearly readable manner on menu board or register. RECOMMENDATION: Statute says it does not create a private cause of action – so if there is non-compliance notify the Division of Hotels and Restaurants of the Department of Business and Professional Regulation at https://www2.myfloridalicense.com/hotels-restaurants/general-complaint/
Fla. Stat. §559.72 DEBT COLLECTION – Prohibited Practice. Debt collector may not communicate with debtor b/w 9PM-8AM BUT e-mails are allowed.
Fla. Stat. §§215.4725, 265.286 BOYCOTTING ISRAEL = Lose Public Funds. Schools; Universities; Non-profits; Educational institutions; and Businesses, and organizations w/ 10 or more full-time employees: may be divested of public funds and barred from future contracts or grants awarded by the state for Boycotting Israel (e.g. refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner; taking adverse action to inflict economic harm on Israel; academic boycotting of Israel; An educational institution is deemed to have engaged in an academic boycott of Israel if any of its departments, centers, or other organs engages in a boycott.) Those receiving Art & Cultural grants will be disqualified for 10 years from grant eligibility for boycotting Israel, or antisemitic discrimination or speech; Grant recipient could be penalized for up to 3x the grant.
Fla. Stat. §836.13 ALTERED SEXUAL DEPICTIONS. Willfully altering sexual depictions of an identifiable person (e.g. modifying an image or computer generates) without consent = 3º Felony. Victim entitled to injunction + greater of $10,000 or actual damages + attorney fees. 836.13 Websites must provide process for victims to remove the content.
Fla. Stat. §§§542.43, 542.44, 542.45 EMPLOYMENT – Non-Compete Agreements. Referred to as the CHOICE law (Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth). Makes non-competes stronger to enforce, but more difficult to set up correctly by adding additional requirements to make them enforceable (e.g. advise of right to seek counsel at least 7 days before signing, acknowledge will receive confidential info or customer relationships, be limited to similar services, etc… ). Court may modify or dissolve injunctions if employee establishes by clear and convincing evidence that: (1) employee will not perform similar work to the services provided, or use confidential information or customer relationships of the former employer; or (2) if the former employer failed to pay salary and benefits and has not cured the failure despite being given a reasonable opportunity. Adds additional requirements for creating a non-compete agreement. Creates different non-compete statutes for Regular employees and “Garden Leave” arrangements (advance notice is given of termination or resignation, employer continues to pay employee, during that time employee does not resign and is not terminated). Allows for injunction against business that hires former employee. For a good summary read Employers Can Relax: Florida Gets Friendlier on Noncompete Agreements, published in the Daily Business Review, 07/07/25.
CS/HB 549: Gulf of America. State agencies, library media centers, and district and charter school to update geographic and instruction materials to reflect federal designation of the “Gulf of Mexico” to “Gulf of America.”
DISCLAIMER: Topics discussed are general concepts, not intended to constitute legal advice, accuracy, nor completeness, and may not be relied upon as such; consult an attorney or accountant. The author Randy Gilbert, J.D. is neither an attorney nor an accountant. FTIC is a national award winning title insurance company known for its white glove customer service and “No Junk Fee Guarantee.” ®
