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Florida Statewide Rule

Florida Preempts Local Rent Control

Few RestrictionsApplies statewide across Florida (2026)

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None since 2023; old emergency referendum repealed
Last verified: August 20, 2026Source: Florida Senate

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?
No. Fla. Stat. § 166.043 and § 125.0103 bar any Florida city or county from imposing controls on rents. The 2023 Live Local Act removed the old narrow emergency-referendum exception, so rent control is effectively banned statewide, and Florida sets no cap on rent increases.
Can a city in Florida pass its own rent control?
No. State law preempts local rent control. Cities and counties once had a narrow path, a one-year referendum after declaring a grave housing emergency, with most units exempt, but that exception was practically unusable and the 2023 Live Local Act deleted it. Orange County's 2022 referendum was blocked by litigation.
Is there a limit on how much rent can increase in Florida?
No. Florida has no statewide cap on rent increases and no local rent control. Landlords may raise rent to any amount when a lease ends or renews, subject only to the lease terms and applicable notice requirements. There is no emergency exception left after the 2023 Live Local Act.

Sources

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