Florida Transaction Compliance · Sales & Leases
A working checklist for agents representing sellers, buyers, landlords and tenants. Every requirement is tied to its statute, rule or source, dated, and reviewed on a published monthly schedule — so a new disclosure like the landlord flood form never catches you mid-deal.
Reference material from a licensed Florida brokerage. Not legal advice.
1 yr+
Lease term that triggers the separate landlord flood disclosure.
§ 83.512,
7 days
Condo resale buyer's cancellation window after receiving documents (was 3).
§ 718.503 · (2025)
0%
Sales tax on commercial rent for occupancy on or after Oct 1, 2025.
HB 7031 (2025)
Feb 1
Date public listing websites must display an estimated property tax.
HB 7031E (2026)
What changed
Most Florida real estate laws take effect July 1 or October 1. Here is what has landed since 2023, newest first, and what each one means for the paperwork in front of you.
Feb 1, 2027
UpcomingPublic listing platforms and websites must either link to the property appraiser's estimator (hiding the seller's current taxes) or show an estimate using Department of Revenue formulas. Licensees are held harmless for the estimate's accuracy.
(2026)
Oct 1, 2026
In effectMoving into a rental with forged documents or a false identity is now a felony, and landlords can remove those occupants faster. Applicant ID verification belongs in every lease file.
HB 1293 (2026)
Oct 1, 2025
In effectResidential leases of one year or longer need a separate statutory flood disclosure. The seller's form now also asks about flood damage during ownership and assistance from any source. Condo developers must disclose too.
SB 948 (2025) · §§ 83.512, 689.302, 718.503
Oct 1, 2025
In effectNo state sales tax or local surtax on commercial rent for occupancy periods on or after October 1, 2025. Earlier periods, transient rentals, parking and docks are still taxable.
HB 7031 (2025) · § 212.031 repealed
Jul 1, 2025
In effectResale buyers receive the , and structural integrity reserve study, and can cancel within seven days of receiving the documents.
HB 913 (2025) · § 718.503
Oct 1, 2024
In effectSellers of residential property must complete a statutory flood disclosure at or before contract. The form was revised a year later by SB 948.
HB 1049 (2024) · § 689.302
Aug 17, 2024
MLS policyAn and association requirement following the — not a Florida statute, but just as real for your file.
NAR settlement practice changes
Jan 17, 2024
In effectEvery buyer of Florida real property signs an affidavit at closing under the 2023 foreign-ownership law. Related litigation is ongoing.
SB 264 (2023) ·
Jul 1, 2023
In effectLandlords may offer a fee in lieu of a security deposit with a statutory notice, and month-to-month tenancies now need 30 days' written notice to end (was 15).
§§ 83.491, 83.57
Jul 1, 2023
In effectFlorida took over regulation of residential tenancies, ending enforcement of local tenant bill-of-rights ordinances such as Miami-Dade's. See the South Florida local rules section for what still applies.
HB 1417 (2023) · § 83.425
Apr 13, 2023
In effectThe fell from 10 to 7 years, starting at the earliest of a , certificate of completion or abandonment. Matters most on new construction.
SB 360 (2023) · § 95.11(3)
Didn't pass in 2026: a bill to abolish the Florida Real Estate Commission (HB 607, second year in a row) and a point-of-sale septic disclosure. Both are on our 2027 watchlist.
The checklist
Each item shows where the obligation comes from, when it applies, when it's due and what happens if it's missed. Law and policy are labeled separately, because they are not the same thing.
Improved property of four units or fewer, residential lots, and agricultural land of 10 acres or less. Listing-side items are the seller's obligations that you help deliver; buyer-side items protect your buyer and your file.
§ 689.302,
§ 718.503(2), F.S. · § 719.503
§ 720.401, F.S.
§ 475.278, F.S.
§ 475.25(1)(r), F.S.
practice changes · rules
§ 404.056(5), F.S.
42 U.S.C. § 4852d · 24 CFR 35 · 40 CFR 745
§ 689.261, F.S.
§ 718.503(1), F.S.
Johnson v. Davis, 480 So. 2d 625 (Fla. 1985)
§ 161.57, F.S.
§ 553.996, F.S.
§ 190.048, F.S.
§§ 692.203(6), 692.204(6) ·
26 U.S.C. § 1445
Standard contract wire-fraud language
governs residential tenancies. Several requirements turn on lease length or building height, so check the scope line on each item.
§ 83.512,
Supports (2026) · § 82.036, F.S.
§ 404.056(5), F.S.
42 U.S.C. § 4852d · 24 CFR 35 · 40 CFR 745
§ 83.49(2)–(3), F.S.
§ 83.491, F.S.
§ 83.50(1), F.S.
§ 83.50(2), F.S.
§ 83.57(3), F.S.
§ 475.25(1)(r), F.S.
Declaration and rules · chs. 718 / 720, F.S.
§ 475.278(5)(b), F.S.
Ch. 509, F.S. · ch. 212 · local ordinances
Fewer statutory disclosures than residential, but commission- and due diligence carry real weight.
Commercial Real Estate Sales Commission Lien Act · §§ 475.701–475.709
§§ 692.203(6), 692.204(6) ·
26 U.S.C. § 1445
§ 404.056(5),
§ 161.57, F.S.
§ 553.996, F.S.
not extended to commercial property
ASTM E1527-21 · CERCLA defenses
§ 475.278(5)(b), F.S.
The 2025 sales-tax repeal changed lease drafting and invoicing; lien rights still depend on a written agreement.
§ 212.031 repealed · (2025)
Commercial Real Estate Leasing Commission Lien Act · §§ 475.800–475.810
§ 404.056(5),
§ 475.278(5)(b), F.S.
Pre-construction condos and new single-family homes run on different rules than resales: developer disclosures, deposit , statutory warranties and construction-defect deadlines. Most of these protect your buyer; several decide whether your buyer can still walk away.
§ 718.503(1) · § 718.504,
§ 718.202, F.S.
§ 501.1375, F.S.
§ 718.203, F.S.
§ 95.11(3) · (2023)
§ 558.005(6), F.S.
§ 489.1425, F.S.
§ 718.503(1) · § 689.302, F.S.
§ 720.401, F.S.
§ 190.048 · § 553.996, F.S.
Builder and developer policies
Ties to § 718.203 and § 95.11(3)
Brokerage-level obligations that apply to every transaction type.
, F.A.C. · § 475.25(1)(k)
§ 475.5015, F.S.
§ 475.42(1)(d), F.S.
Rule 61J2-10.025, F.A.C.
South Florida local rules
County rules sit on top of state law — when the state allows them to. Each item below is marked in force, , or an open question, because some local rules still on the books may no longer be enforceable.
Why the status labels matter: In 2023 Florida took over regulation of residential tenancies statewide (, § 83.425). Tenant bill-of-rights ordinances, including Miami-Dade's, stopped being enforceable. Fair-housing protections in county human-rights codes are a separate question that courts and counsel haven't fully settled — so we flag them instead of guessing.
HB 1417 (2023) · § 83.425,
Miami-Dade Code ch. 11A
Broward County Code § 16½-2
Palm Beach County Office of Equal Opportunity
Miami-Dade building recertification · § 553.899
FBC 110.15 · Broward Board Policy 05-05
§ 553.899, F.S.
Municipal codes · ch. 509 · county
Supports § 689.261 and HB 7031E (Feb 1, 2027)
The next 12 months
Known effective dates, the 2027 legislative calendar and federal deadlines that can stall a closing — plus the review we run each month so this page stays current.
2026
Election & organization
Nov 3
vote. Property tax amendment needs 60% to pass.
Nov 17
Legislature's organization session; new leadership seated.
Nov 30
Hurricane season ends. First interim committee week (Nov 30–Dec 3).
Our review: record the result and update tax-related guidance.
2026
Flood insurance deadline
Dec 1
Check extension status before closings set after Dec 12.
Dec 12
authority expires unless Congress extends it. A lapse halts new and renewed federal flood policies.
Dec
Annual re-verification of every checklist item against statute text.
Our review: flag pending closings that depend on a new policy.
2027
New tax rules
Jan 1
takes effect if approved — including a five-year wait for new residents' enhanced .
Jan 4–14
Two interim committee weeks; 2027 bills start moving.
Jan
Florida Realtors form updates (the 2026 library update landed Jan 5).
Our review: open the 2027 bill watchlist.
2027
Listing-site deadline
Feb 1
Estimated property tax display required on public listing websites ().
Feb 1–18
Final three interim committee weeks.
Feb
Watch for revived septic-disclosure or -restructuring bills.
Our review: publish the pre-session watchlist.
2027
Session opens
Mar 2
2027 regular session convenes for 60 days.
Weekly
Bill-status check every Friday during session.
Our review: add moving bills to the change log as "pending."
2027
Session ends
~Apr 30
Scheduled end of the 60-day session; confirm the final date.
Apr
Track bills passed by both chambers and their effective dates.
Our review: draft checklist changes for every passed bill.
2027
Bills to the governor
May
Signing period; vetoes possible.
May
Chapter laws publish; effective dates confirmed.
Our review: map each new law to the checklist items it changes.
2027
Prep for July 1
Jun 1
Hurricane season begins — revisit flood disclosure and insurance contingency guidance.
Jun 30
Finalize July 1 checklist updates.
Our review: attorney review of drafted changes.
2027
First effective date
Jul 1
Most new laws take effect. Updated checklist items go live.
Jul
Florida Realtors final legislative report (2026 edition updated Jul 30).
Our review: publish July changes and send a rule-change alert.
2027
Mid-year audit
Aug
Audit source links, rule changes and rule updates.
Aug
Form and contract revisions that reflect new law.
Our review: agent briefing on the July changes.
2027
Prep for October 1
Sep 30
Federal fiscal year ends — confirm status; extensions often ride on funding deadlines.
Sep
Finalize October 1 updates.
Our review: attorney review of October changes.
2027
Second effective date
Oct 1
Second common effective date — SB 948 and HB 1293 both took effect on Oct 1.
Oct
One-year full re-verification of every item.
Our review: publish October changes and the annual summary.
Whatever else is on the calendar, these sources are reviewed monthly — weekly during session — and any change lands in the change log with a date and a source.
Rule-change alerts
When a Florida law, rule or policy changes what belongs in a sale or lease file, you get a short plain-English note: what changed, when it takes effect and what to do differently.
Tell us what you work on so alerts stay relevant.
Get a short alert when a Florida rule change affects sales or lease paperwork — or talk with us about what broker-level compliance support looks like day to day.
Property tax ballot measure (HJR 1F)
Amendment 3
The property tax amendment on the November 3, 2026 ballot. It needs 60% approval. If passed, it raises the homestead exemption, cuts the yearly assessment-growth cap on many non-homestead properties from 10% to 5%, and mostly takes effect January 1, 2027.
HJR 1F (2026 Special Session F)
"Let the buyer beware"
Caveat emptor
The rule that buyers are responsible for investigating a property themselves. It still largely governs commercial sales in Florida; residential sellers must disclose known hidden defects.
Coastal Construction Control Line
CCCL
A state-set line along sandy beaches marking areas exposed to severe storm surge and erosion. Building seaward of it needs a state permit, and sellers must disclose when a property lies partly or wholly seaward of the line.
§§ 161.053, 161.57, F.S.
Community Development District
CDD
A special-purpose local government that finances roads, utilities and amenities in a new community, repaid through assessments on the owner's property tax bill — often for decades. It can add materially to the yearly cost of a home.
Chapter 190, F.S.
CO / TCO
Certificate of occupancy
The building department's approval that a building is safe to occupy. A temporary certificate (TCO) allows move-in before final items are finished. Its date starts developer warranty periods and the 7-year defect-claim clock.
Florida Residential Landlord and Tenant Act
Chapter 83
Part II of Chapter 83, Florida Statutes, governs residential leases: deposits, notices, repairs, entry, termination and eviction. Part I covers nonresidential tenancies.
Chapter 83, F.S.
Cooperating broker
Co-broker
The agent who brings the buyer to a property listed by another brokerage or, in new construction, by a builder. Builders often pay co-brokers only when the buyer is registered on the first visit.
Cooperative
Co-op
A building owned by a corporation. Instead of a deed, the buyer receives shares in the corporation and a proprietary lease for a unit. Florida co-ops follow rules similar to condominiums.
Chapter 719, F.S.
Broker's security for an earned commission
Commission lien
Florida laws that let a broker secure an earned but unpaid commission on commercial deals — against the owner's net proceeds on a sale, or the owner's interest on a lease — if the broker has a signed agreement and gives the required notices.
§§ 475.701–475.709, 475.800–475.810, F.S.
Errors and omissions insurance
E&O
Professional liability insurance that covers agents and brokers against claims of negligence or mistakes in a transaction.
Funds held by a neutral party
Escrow
Money held by a third party — a broker, title company, attorney or bank — until the contract's conditions are met. Florida sets strict rules for how brokers and developers hold buyer deposits.
Rule 61J2-14, F.A.C. · § 718.202, F.S.
Florida Administrative Code
F.A.C.
Where state agencies publish their rules. FREC's rules for licensees — escrow handling, advertising, forms — are in Chapter 61J2, so "Rule 61J2-14.008" is a FREC rule.
flrules.org
Florida Statutes
F.S.
The laws passed by the Florida Legislature. "§" means section: "§ 83.512, F.S." is section 83.512, part of Chapter 83 (landlord and tenant).
flsenate.gov/Laws/Statutes
Deposit alternative
Fee in lieu of security deposit
An optional, nonrefundable monthly fee a tenant can pay instead of a security deposit, under a separate written agreement. The tenant can switch to a regular deposit at any time.
§ 83.491, F.S.
Foreign Investment in Real Property Tax Act
FIRPTA
Federal law requiring the buyer to withhold part of the price when the seller is a foreign person — generally 15% of the amount realized, with reduced or zero withholding when the buyer will live in the home and the price is $1 million or less. The closing agent usually handles the filings.
26 U.S.C. § 1445
Parcel ID
Folio number
The parcel number the county property appraiser assigns to each property; used to look up ownership, taxes and building records.
Florida's 2023 foreign-ownership law
Foreign principal
Certain governments, political parties, entities and people tied to China, Cuba, Iran, North Korea, Russia, Syria and Venezuela, with exceptions. Every buyer of Florida real estate signs an affidavit at closing about their status.
§ 692.201, F.S.
Florida Real Estate Commission
FREC
The state board that licenses, regulates and disciplines Florida real estate licensees and adopts the rules agents and brokers must follow. It sits within the Department of Business and Professional Regulation (DBPR).
Chapter 475, F.S.
House Bill / Senate Bill
HB / SB
A bill filed in the Florida Legislature. Numbers restart every session, so they're cited with the year — "SB 948 (2025)". Once passed and signed, a bill becomes a chapter law and its text is written into the Florida Statutes. HJR (House Joint Resolution) proposes a constitutional amendment.
flsenate.gov · flhouse.gov
Homeowners' association
HOA
The mandatory association that governs a community of homes or townhomes under recorded covenants — collecting assessments, enforcing rules and maintaining common areas. Condominium associations fall under a separate chapter.
Chapter 720, F.S.
Homestead exemption
Reduces the taxable value of a Florida primary residence, and the "Save Our Homes" cap limits how fast its assessed value rises. The cap doesn't pass to a buyer, so taxes usually reset higher after a sale.
Art. VII, Fla. Const. · § 196.031, F.S.
Hidden defect
Latent defect
A defect a buyer couldn't spot with ordinary inspection. Under Johnson v. Davis (1985), a residential seller who knows of facts that materially affect value and aren't readily observable must disclose them. Commercial sales generally don't carry this duty.
Johnson v. Davis, 480 So. 2d 625 (Fla. 1985)
Federal rule for pre-1978 housing
Lead-based paint disclosure
For housing built before 1978, sellers and landlords disclose known lead paint and records and give the EPA pamphlet; sale buyers also get 10 days to test. Agents keep copies for three years.
42 U.S.C. § 4852d
Structural safety inspection
Milestone inspection
A structural safety inspection by a licensed engineer or architect for condo and co-op buildings three or more habitable stories tall — generally at 30 years, then every 10 years. Buyers receive the inspector's summary with the resale documents.
§ 553.899, F.S.
Multiple Listing Service
MLS
The shared database brokers use to list properties and cooperate with one another, governed by rules participants must follow. MLS rules are enforceable policy, not state law.
Month-to-month tenancy
A rental with no fixed end date that renews each month. Since July 1, 2023, either side must give at least 30 days' written notice before the end of a monthly period to end it.
§ 83.57(3), F.S.
National Association of Realtors settlement
NAR settlement
The 2024 settlement of nationwide commission lawsuits. Since August 17, 2024, MLS participants must have a written agreement with a buyer before touring a home, and offers of compensation to buyer's brokers can't be made through the MLS.
nar.realtor
National Flood Insurance Program
NFIP
The federal flood insurance program run by FEMA, which writes most residential flood policies. Congress must reauthorize it periodically; if it lapses, new and renewed policies can't be issued, which can stall closings that need flood coverage.
FEMA
Chapter 558 pre-suit process
Notice and cure
Before suing a contractor or design professional over a construction defect, the owner sends written notice at least 60 days ahead (120 for larger associations), and the contractor gets a chance to inspect and offer to repair or pay.
Chapter 558, F.S.
Lease-option
Option to purchase
A lease that gives the tenant the right to buy the property later on set terms. On homes of four units or fewer, it brings the lease under Florida's brokerage-relationship disclosure rules.
§ 475.278(5), F.S.
Environmental site assessment
Phase I ESA
A records review and site inspection, done to the ASTM E1527-21 standard, that flags likely contamination. Completing one before buying commercial property helps preserve a buyer's defenses against federal cleanup liability.
ASTM E1527-21 · 40 CFR Part 312
State law overriding local rules
Preemption
When a higher level of government takes over a subject, lower-level rules on it stop being enforceable. Since 2023 the state preempts local regulation of residential tenancies, which ended local tenant bill-of-rights ordinances.
§ 83.425, F.S.
Offering circular
Prospectus
The developer's disclosure package for a new condo with more than 20 units: a summary of the project, budget, use restrictions, developer control and fees, with the declaration, bylaws, escrow agreement and other exhibits attached.
§ 718.504, F.S.
Radon
A naturally occurring radioactive gas that can build up indoors. Florida requires a standard radon notice in every contract to sell or rent a building.
§ 404.056(5), F.S.
Miami-Dade building safety recertification
Recertification
Miami-Dade's program requiring structural and electrical inspections of older buildings on a set schedule, separate from the state milestone inspection. Required repairs can lead to special assessments for owners.
Miami-Dade County Building Department
Florida Homeowners' Construction Recovery Fund
Recovery Fund
A state fund that can reimburse homeowners, up to set limits, for losses caused by a licensed contractor's violations such as abandonment or fraud. Residential construction contracts over $2,500 must tell the owner it exists.
§§ 489.141, 489.1425, F.S.
Housing Choice Voucher Program
Section 8
Federal rental assistance run by local housing agencies. The voucher pays part of the rent directly to the landlord, and the unit must pass an inspection.
HUD
Full fiduciary representation
Single agent
A broker who represents only one party with full fiduciary duties, including loyalty, confidentiality, obedience and full disclosure. In residential sales it must be disclosed in writing before or at the listing or representation agreement, or before a showing, whichever comes first.
§ 475.278(3), F.S.
Structural Integrity Reserve Study
SIRS
A study that sets how much a condo or co-op association must save to repair or replace the building's key structural parts — roof, load-bearing structure, fire protection, plumbing, electrical, waterproofing and windows. Required for buildings three or more habitable stories tall, redone at least every 10 years, and part of a resale buyer's document package.
§ 718.112(2)(g), F.S.
Local fair-housing protection
Source of income
Protection in the Miami-Dade and Broward codes against refusing or treating applicants differently because of a lawful income source, such as a housing voucher. Whether the 2023 state preemption affects enforcement is unsettled.
Miami-Dade Code ch. 11A · Broward Code § 16½-2
Absolute filing deadline
Statute of repose
A hard cutoff for lawsuits measured from a fixed event, not from when a problem is discovered. For construction defects in Florida it's 7 years (10 before 2023), counted from the earliest of a temporary or final certificate of occupancy, a certificate of completion, or abandonment of construction.
§ 95.11(3), F.S.
Transient rental tax
Tourist tax
A county tax on rentals of six months or less, collected on top of state sales tax. Owners or managers register with the county and remit it.
§ 125.0104, F.S.
Florida's default brokerage relationship
Transaction broker
Limited representation of a buyer, seller or both, with duties of honesty, skill and care, accounting for funds and limited confidentiality — but not full loyalty. Florida presumes every licensee is a transaction broker unless another relationship is set in writing.
§ 475.278, F.S.
Condition report at developer handover
Turnover inspection report
When a developer hands control of a condo association to the owners, it must deliver a report on the condition of the buildings and major systems. Resale buyers receive a copy when one exists.
§ 718.301(4), F.S.
Short-term rental
Vacation rental
Under state law, a unit rented more than three times a year for stays shorter than 30 days or a calendar month, or advertised that way. It needs a state license and tourist-tax registration, and cities can restrict it in some districts.
§ 509.242, F.S.
Voidable
A contract one party may choose to cancel. It stays in force unless that party cancels within the allowed time — for example, a buyer who didn't get the HOA disclosure summary before signing.
