Florida Preempts Local Landlord-Tenant Rules: What s. 83.425 Covers

Fla. Stat. s. 83.425 says the regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under Part II of Chapter 83 are "preempted to the state." On those matters, the statute "supersedes any local government regulations," so a city or county ordinance on the same topic does not replace Chapter 83.

The full text of s. 83.425

Quoted from the 2026 Florida Statutes:

Preemption. The regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under this part are preempted to the state. This section supersedes any local government regulations on matters covered under this part, including, but not limited to, the screening process used by a landlord in approving tenancies; security deposits; rental agreement applications and fees associated with such applications; terms and conditions of rental agreements; the rights and responsibilities of the landlord and tenant; disclosures concerning the premises, the dwelling unit, the rental agreement, or the rights and responsibilities of the landlord and tenant; fees charged by the landlord; or notice requirements.

History: "s. 1, ch. 2023-314." The History line shows no 2025 or 2026 amendment.

What the statute preempts

The listed topics follow "including, but not limited to," so the list is examples, not a cap. The operative phrase is "matters covered under this part." The listed topics are:

• the screening process a landlord uses in approving tenancies
• security deposits
• rental agreement applications and the fees associated with them
• terms and conditions of rental agreements
• the rights and responsibilities of the landlord and tenant
• disclosures about the premises, the dwelling unit, the rental agreement, or landlord-tenant rights and responsibilities
• fees charged by the landlord
• notice requirements

What the statute leaves open

Section 83.425 does not contain a list of what local governments may still regulate. It speaks only to matters "covered under this part," and Part II applies to "the rental of a dwelling unit" (s. 83.41), minus the exclusions in s. 83.42 (for example, transient occupancy in a hotel or motel). Two things in the text point to what remains outside the preemption sentence:

• Building, housing and health codes. Part II itself tells the landlord to "comply with the requirements of applicable building, housing, and health codes" (s. 83.51(1)(a)) and protects tenants who complain to the agency that enforces such codes (s. 83.64(1)(a)). Those codes still exist alongside Chapter 83.
• Fair housing. Section 83.64(1)(f) refers to "local, state, or federal fair housing laws." Fair-housing law is outside Chapter 83, and s. 83.425 does not mention it.

Chapter 83 has no provision requiring a landlord to be licensed or registered or to pay a tax (the only license reference in Part II, s. 83.49(8), concerns persons already licensed under s. 509.241). Those topics are not in Chapter 83; check with your city or county and a Florida attorney.

Where a particular local rule falls on the line between "matters covered under this part" and everything else, we do not predict the answer. That is a question for an attorney.

State-law-only checklist for your rental

Take each topic in your lease or your daily routine and use the Chapter 83 section as your rulebook. We cover Part II only; other law is outside this guide.

1. Is the topic one "covered under this part"? Read the Part II section. If yes, follow it.
2. Found a city or county rule on the same topic (for example a notice period, a deposit rule, or a required disclosure)? Section 83.425 says it supersedes local regulation on matters covered under Part II. Do not substitute the local figure for the statutory one.
3. Topic not in Part II (licensing, taxes, fair housing, building code)? Section 83.425 does not answer it. Ask the local government or an attorney.
4. Keep a copy of the Chapter 83 section next to the lease so you can show which law you followed.

Common mistakes

• Following a local notice period or fee rule instead of the Chapter 83 rule on the same topic.
• Reading "preempted" as "no local rules of any kind." The text covers matters "covered under this part," and s. 83.51(1)(a) expects local codes to apply.
• Skipping fair-housing law because Chapter 83 does not discuss it.
• Assuming Chapter 83 governs an occupancy that s. 83.42 excludes from Part II.

If a local office, a tenant or an opposing party relies on a local rule, a Florida landlord-tenant attorney can say whether s. 83.425 reaches it.

Sources

• Fla. Stat. s. 83.425 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.41 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.42 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.49 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.50 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.51 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.52 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.53 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.56 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.57 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.575 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.64 — 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
• Did Florida Change the 3-Day Notice to 5 Days? (SB 716, 2026)
• 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)

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.