Despite Unusual Session, Realtor^® Successes Shine Through

Late in the evening on June 16, the Florida Legislature declared Sine Die, officially ending the 2025 Legislative Session that began on March 4. Legislative leaders had extended session past its expected May 2 end date to work through budget differences that existed between both chambers. Numerous legislative victories were achieved during the extended 105-day lawmaking period that will benefit the profession, property owners and communities throughout Florida.

Significant legislative victories include:

• Total elimination of Florida's Business Rent Tax (BRT)
• $50 million for the Hometown Heroes Housing Program
• $310 million in new and unused funds to help Floridians harden their homes and condominiums
• $385 million for state and local affordable housing programs
• $1.5 billion for water quality and restoration projects
• Bringing additional transparency to transactions involving condominium units.
• Protecting the private property rights of commercial building and short-term rental owners dealing with squatters.
• Preserving and protecting the natural wonders of our state parks.
• Eliminating the negative consequences of lookback periods.
• Increasing the transparency of flood risk for long-term renters, as well as purchasers of condominiums, cooperatives and mobile home park lots.
• Helping landlords and tenants communicate through optional electronic notices.

These wins are in addition to numerous other laws passed by lawmakers that impact Realtors and their businesses. Bills passed head to the governor for final approval.

2025 Realtor Priority Wins

Elimination of Florida's Business Rent Tax (BRT): HB 7031 includes a complete elimination of the BRT which represents an additional $900 million in tax relief for businesses throughout Florida. This elimination includes both the state sales tax rate, as well as the discretionary sales surtax that counties can levy on commercial leases. Effective: October 1, 2025.

More Money for the Hometown Heroes Housing Program: Senate Bill 2500 (the state budget), injects an additional $50 million into the Hometown Heroes Housing Program (HHHP), the state’s popular first-time homebuyer program for hard-working Floridians. Please note that certain occupation restrictions have been added to this funding. More information to come. Effective: July 1, 2025.

My Safe Florida Home Program Gets More Funding: Senate Bill 2500 includes $280 million in new funding for the My Safe Florida Home (MSFH) program. The My Safe Florida Condominium (MSFC) program had last year’s funding of $30 million reappropriated so previously approved grant applicants can receive their money. Both of these programs help Floridians protect their homes against storms and reduce their insurance premiums. More information on the availability of this funding will be available soon.

$385 Million for State and Local Affordable Housing Programs: Senate Bill 2500 allocates $385 million to the State and Local Government Housing Trust Funds. This includes $163.8 million for the State Housing Initiatives Partnership (SHIP) for downpayment and closing cost assistance programs, and $221.2 million for the State Apartment Incentive Loan program (SAIL) which helps build affordable rental housing. Effective: July 1, 2025.

Over $1.5 Billion for the Everglades and Water Quality: The Florida Legislature continues to allocate significant funding for projects that improve Florida’s water quality. Senate Bill 2500 includes money for Everglades restoration ($546 million), Water Quality grants ($400 million) Flood/Sea level rise ($150 million) the C-51 Reservoir ($60 million), Biscayne Bay ($20 million), the Indian River Lagoon ($102 million), total maximum daily loads ($25 million), Resilient Florida Grant Program ($20 million), Land Acquisition and Restoration Trust Fund ($150 million), and Alternative Water Supply ($50 million). Effective: July 1, 2025.

Additional Transparency in Condominium Transactions: HB 913 is intended to ensure a smooth transition to safer buildings and increased financial health. One provision in the bill is a Realtor priority designed to improve street address transparency – condominium associations would be required to include approved BOD meeting minutes for the preceding 12 months on their website. This will help prospective purchasers learn of special assessments that have not yet been formally adopted. The bill also extends a buyer’s right to cancel the contract to seven days after receipt of the governing documents. This increased transparency will help reduce post-closing litigation. Effective: July 1, 2025.  

Limiting Negative Consequences of Lookback Periods: SB 180 requires cities and counties to have a webpage dedicated to a hurricane and storm recovery permitting guide for residential and commercial property owners. This guide must include elevation requirements following substantial damage and substantial improvement in accordance with the National Flood Insurance Program (NFIP). The bill also prohibits local governments participating in the NFIP from adopting or enforcing lookback periods. Effective: July 1, 2025.

Preserve and Protect Florida’s State Parks: HB 209 updates Florida’s management of state lands by prioritizing conservation-based recreational use, restricting environmentally harmful construction in state parks, and permitting camping cabins only if they do not harm natural resources. Also establishes new timelines for public hearings. Effective: July 1, 2025.

Helping Vacation Rental Owners Remove Squatters: SB 606 would make it easier for public lodging establishment operators (hotels and vacation rental owners) to remove problem guests by clarifying when a stay is temporary, setting clear removal rules, and allowing police to arrest guests who refuse to leave. Effective: July 1, 2025.

Speeding Up the Removal of Squatters from Commercial Properties: SB 322 helps commercial property owners remove illegal squatters more easily by letting owners file complaints with the sheriff, allowing immediate evictions, increasing penalties for property damage, and preventing fake property listings. Effective: July 1, 2025.

Making it Easier for Landlords And Tenants to Communicate: HB 615 allows landlords and tenants to send notices electronically via email if both parties agree through an addendum to the rental agreement. This agreement may be revoked at any time by either party with written notice. Notices are considered delivered when sent unless they are returned as undeliverable. The bill requires the sender to maintain a copy of the electronically sent notice and evidence of its transmission. Effective: July 1, 2025.

Increasing Transparency of Flood Risk: SB 948 requires landlords to provide the existing seller flood disclosure to tenants at or before they sign a lease for one year or longer. Condominium developers, cooperative developers, and mobile home park owners will also be required to provide the disclosure to prospective purchasers. This disclosure will help renters and buyers make more informed decisions about a property and reduce the number of legal disputes that occur. Effective October 1, 2025.

Additional 2025 Realtor Win

Authorized Brokerage Relationships and Required Disclosures: HB 805 and SB 1770, also called the “Access to Fair and Transparent Real Estate Listings Act,” would have required real estate brokers to advertise or market listed properties on a publication, platform, or website that is broadly accessible to the general public” within one calendar day of the term of the listing agreement – unless the seller specifically directs the licensee otherwise. FREC would also be required to create an opt-out form for sellers. Neither bill was heard in their respective committees of reference.

Other Bills of Interest

My Safe Florida Condominium Pilot Program: HB 393 revises the My Safe Florida Condominium Pilot Program by allowing condos at least three stories high with at least two residential units to apply with 75% owner approval, and outlines detailed conditions and restrictions for the use of mitigation grants including restricting grant funding to water intrusion or structural mitigation improvements that result in an insurance credit, discount, or rate differential, among other program changes. Effective: Upon becoming law.

Creating Beneficial Attainable Housing Strategies: SB 1730 makes several changes to 2023’s Live Local Act and affordable housing policy. The bill expands the land use mandate for affordable housing to sites owned by certain religious institutions and certain planned unit developments and prohibits local governments from enforcing building moratoria on authorized proposed developments in most situations, among other zoning and land use changes. It also clarifies the definitions of commercial, industrial, and mixed-use as allowable uses and amends regulations for proposed developments related to historic buildings and administrative approvals. The bill creates a new state policy allowing affordable housing developers to reserve preference for employees of health care facilities, hospitals, and government entities within federal low-income tax credit rules. Effective: July 1, 2025.

Bills That Did Not Pass

While numerous real estate-related bills passed this year, some did not cross the finish line.

Easing Accessory Dwelling Unit (ADU) Restrictions: SB 184 would have required local governments to allow ADUs in areas zoned for single-family residential use and clarified that the owner of a property with an ADU may not be denied a homestead exemption for those portions of property on which the owner maintains a permanent residence solely on the basis of the property containing an ADU. The ordinance would have applied prospectively to ADUs approved after the ordinance and provided that local governments may prohibit the rental of an ADU for a term of less than one month and allowed landlords to accept reusable tenant screening reports, among other provisions.

Local Housing Assistance Plans: HB 701 and SB 1714 provided that a local government’s local housing assistance plan (LHAP) under the State Housing Initiatives Partnership (SHIP) Program must include a strategy for providing SHIP funds to mobile home owners, including lot rental assistance. Lot rental assistance is considered homeownership activity for the purposes of allocating program funds, while rehabilitation and emergency repairs for mobile homes is considered construction, rehabilitation, or emergency repair of affordable, eligible housing. Under the bills, local governments could have expended funds from their local housing distribution on lot rental assistance for mobile homeowners not to exceed six months’ rent. The bills eliminated the restriction that limited the allocation of SHIP funds for manufactured housing to no more than 20% of the allocated amount.

Property Tax Benefits for Certain Residential Properties Subject to a Long-term Lease: HB 1257/HB 1259 and SB 1510/SB 1512 proposed an amendment to the Florida Constitution to allow the Legislature to provide exemptions and assessment limitations for residential property owned by a person who has homestead property; leased for six months or more; and would otherwise qualify as the homestead of the owner if the owner made it his or her permanent residence. The bills provided an additional temporary homestead exemption to individuals entitled to a homestead exemption who have not received an exemption in the previous three calendar years.

Rent of Affordable Housing Dwelling Units: HB 365 and SB 382 would have prohibited landlords of affordable housing units who receive federal, state, or local funding or tax incentives from increasing rent during the term of a rental agreement, but allowed for rent increases upon renewals of the agreement OR to meet federal laws, rules or regulations. Defined "affordable" as having the same meaning as in s. 420.0004. Applied only to rental agreements of 13 months or less and entered into on or after July 1, 2026.