Did Florida Change the 3-Day Notice to 5 Days? (SB 716, 2026)

No. Florida Senate Bill 716 (2026) would have changed the 3-day notice for unpaid rent to 5 days, but the Florida Senate's official bill page shows it "Died in Judiciary" on 3/13/2026. The law printed in the 2026 Florida Statutes, s. 83.56(3), is still 3 days, "excluding Saturday, Sunday, and legal holidays."

What the official bill page shows

We read the Florida Senate pages for SB 716 on October 4, 2026. This section reports only what they show.

• Title: "Rental Agreements for Residential Tenancies."
• Filed: 12/18/2025. Referred to Judiciary; Community Affairs; Rules on 1/7/2026. Introduced 1/13/2026.
• Last action: 3/13/2026, "Died in Judiciary."
• Companion: H 811, listed as identical, "Died in Civil Justice & Claims Subcommittee" on 3/13/2026.
• Proposed effective date: 7/1/2026.

What the bill proposed

The filed bill text had three parts:

1. In s. 83.56(3), change 3 days to 5 days (still "excluding Saturday, Sunday, and legal holidays"), add that the landlord "may not impose any fee or surcharge during the 5-day period," and change the form's "3 days" to "5 days." It also conformed s. 83.56(5)(a).
2. Add two paragraphs to s. 83.47(1) making void any lease provision that "Imposes any fee or surcharge during the 5-day period for paying rent as required under s. 83.56(3)," or that imposes a period in which the tenant pays an additional fee each rental period because a rent payment was missed or late.
3. Conform s. 83.60(2) to refer to a "defective 5-day" notice.

None of that is law. A bill that dies in committee can be filed again in a later session, so check the bill page and the current statutes before relying on a form or article that says otherwise.

The law as printed in the 2026 statutes

Quoted from s. 83.56(3):

If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only.

The statutory form still reads "within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice." The history line of s. 83.56 does show a 2026 amendment, "s. 2, ch. 2026-143." That is a different act from SB 716, which died, and the 3-day text above is what the 2026 statutes print.

Worked example: 3 days vs. the proposed 5

Made-up dates, counting from the day after delivery and skipping Saturdays, Sundays, and court-observed holidays (none fall in this window):

For the current law, the day-by-day count is Mon Nov 16 (day 1), Tue Nov 17 (day 2), Wed Nov 18 (day 3). Which days your court observes as holidays is not listed in Chapter 83; ask the county clerk.

Checklist for a notice you serve now

1. Use the 3-day wording quoted from the statute, not a 5-day version.
2. Count 3 days after delivery, skipping weekends and court-observed holidays.
3. Serve by a method in s. 83.56(4): mailing, delivering a true copy, e-mail under s. 83.505, or, if the tenant is absent, leaving a copy at the residence.
4. Keep a dated copy and proof of delivery.

Common mistakes

• Assuming the bill passed because a lease form, blog, or software template mentions 5 days.
• Putting "5 days" in a notice instead of the statutory 3.
• Counting Saturdays, Sundays, or court holidays toward the 3 days.
• Reading a 2026 amendment in the history line as proof of a 5-day change. The history line only cites the act; read the text above it.

Sources

• Fla. Stat. s. 83.56 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. SB 716 (2026) official bill page, status read October 4, 2026 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. SB 716 (2026) filed bill text — Florida Senate, 2026 Florida Statutes

Related guides

• Florida Security Deposit Law: The 15-Day / 30-Day Timeline (2026)
• Florida Notice of Intent to Claim a Security Deposit (Template)
• What Happens if a Florida Landlord Misses the 30-Day Deposit Deadline
• Florida 3-Day Notice to Pay Rent or Vacate: Form, Counting, Service
• Florida 7-Day Notice: Cure vs. Unconditional Quit
• Can Florida Landlords Send Legal Notices by E-mail? (s. 83.505)
• Florida Landlord Entry Rules: Notice Before Entering (s. 83.53)
• Florida Month-to-Month Lease: Notice to End the Tenancy (s. 83.57)
• Florida Lockouts, Utility Shutoffs and Prohibited Landlord Practices
• Florida Landlord Repair Duty and the Tenant's Rent Defense (s. 83.60)
• Florida Preempts Local Landlord-Tenant Rules: What s. 83.425 Covers

Informational only, not legal advice. Statute text checked against the 2026 Florida Statutes (Chapter 83, Part II) on October 4, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Florida landlord-tenant attorney.