Florida Statewide Rule
Florida Preempts Local Rent Control
Key Facts
- Local rent control
- Preempted (effectively banned)
- Statewide rent cap
- None
- Preemption statute
- Fla. Stat. § 166.043 / § 125.0103; Live Local Act (2023)
- Exception
- None since 2023; old emergency referendum repealed
Summary
Florida effectively bans local rent control. State law bars any city or county from imposing controls on rents, and the 2023 Live Local Act removed the old narrow exception that had allowed a one-year emergency referendum riddled with exemptions. There is no statewide rent cap, so landlords set increases freely by lease terms.
F.S. 166.043 1 166.043 Ordinances and rules imposing price controls. — (1)(a) Except as hereinafter provided, a county, municipality, or other entity of local government may not adopt or maintain in effect an ordinance or a rule that has the effect of imposing price controls upon a lawful business activity that is not franchised by, owned by, or under contract with, the governmental agency, unless specifically provided by general law. (b) This section does not prevent the enactment by local governments of public service rates otherwise authorized by law, including water, sewer, solid waste, public transportation, taxicab, or port rates; rates for towing of vehicles or vessels from or immobilization of vehicles or vessels on private property; or rates for removal and storage of wrecked or disabled vehicles or vessels from an accident scene or the removal and storage of vehicles or vessels, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel.
Full Breakdown
Under Fla. Stat. § 166.043 (municipalities) and § 125.0103 (counties), a local government may not adopt or maintain any law that would have the effect of imposing controls on rents. Previously these statutes allowed a city or county to enact rent control for up to one year, but only by referendum after declaring a housing emergency "so grave as to constitute a serious menace to the general public," while exempting most units (new construction, luxury, single-family and similar). That exception was practically unusable, and the 2023 Live Local Act (SB 102) amended the statutes to delete the emergency carve-out entirely, leaving a flat preemption with only a land-use affordable-housing allowance (such as inclusionary zoning). Florida sets no statewide cap on rent increases; landlords raise rent freely subject to lease and notice terms.
Violations & Penalties
Any local rent-control ordinance is preempted and unenforceable. When Orange County voters approved a 2022 rent-control referendum, industry lawsuits blocked it, and the 2023 Live Local Act has since closed the option entirely. A court would strike any new local cap.
Frequently Asked Questions
Is rent control legal in Florida?
Can a city in Florida pass its own rent control?
Is there a limit on how much rent can increase in Florida?
Sources
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