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Florida Rent Control Ballot Measure for 2028: What State Law Says Today
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Florida Rent Control Ballot Measure for 2028: What State Law Says Today

MIAMI, Nov. 13, 2026: Florida groups are filing a 2028 rent control amendment. State law has barred local rent control since July 1, 2023; here is how the ballot route works.

Key facts

Key facts: Who is affected: Florida landlords and tenants, mainly large corporate landlords as the campaign describes it. Where: statewide. Effective date: none; it is a proposal that must qualify by February 1, 2028 and win at least 60% of the vote in November 2028 (Fla. Const. Art. XI, s.5). Read Fla. Stat. 125.0103

MIAMI, Nov. 13, 2026: Florida rent control is not allowed under state law: since July 1, 2023, sections 125.0103(2) and 166.043(2) of the Florida Statutes forbid any county or city from adopting or keeping a measure that controls rents. A coalition of progressive groups, Floridians for Fair Rent, is filing petition language this week for a constitutional amendment on the November 2028 ballot instead, WLRN reported on November 12. The campaign says it would cap yearly rent increases at 3% or the inflation rate, whichever is lower, for tenants of large corporate landlords.

What happened in Florida this week?

The Florida campaign, backed by Florida Rising, the Miami Workers Center and the Community Justice Project, told WLRN it expects state approval of its petition form in January 2027. The scope above is the campaign's description; the binding text is the petition filed with the Division of Elections.

What does Florida law say about rent control today?

Florida law bans local rent control outright: Fla. Stat. 125.0103(2) (counties) and 166.043(2) (cities) say a local government "may not adopt or maintain in effect any law, ordinance, rule, or other measure that would have the effect of imposing controls on rents."

That ban came from the Live Local Act, CS/SB 102, chapter 2023-17, Laws of Florida, signed March 29, 2023 and in effect July 1, 2023. Before it, the same sections allowed rent control only where a local government found a housing emergency "so grave as to constitute a serious menace to the general public," the voters approved the measure, and the controls expired within one year unless readopted. The Live Local Act deleted that route. WLRN reports the ban effectively ended a voter-approved Orange County rent cap adopted under the old rules.

Separately, Fla. Stat. 83.425, created by chapter 2023-314 (HB 1417), says the state preempts the regulation of residential tenancies and the landlord-tenant relationship, superseding local rules on deposits, applications, lease terms, fees and notices.

How does a citizen initiative reach the Florida ballot?

A Florida citizen initiative needs signatures from voters equal to 8% of the votes cast in the last presidential election, both statewide and in at least one half of the state's congressional districts (Fla. Const. Art. XI, s.3); with 27 districts, that means at least 14. The petition must be filed with the custodian of state records by February 1 of the election year (Art. XI, s.5(b)); the Attorney General asks the Florida Supreme Court to review the measure, which must rule by April 1 of that year (Art. IV, s.10). An amendment passes only with at least 60% of the votes cast on it (Art. XI, s.5(e)).

HB 1205 (chapter 2025-21) tightened the process in 2025. Per the Florida Senate's bill summary, anyone who collects more than 25 signed petition forms, not counting their own or immediate family members', must register as a petition circulator; sponsors and circulators must turn in completed forms within 10 days; and forms collected by ineligible or unregistered circulators are invalidated.

Landlords

What it means for landlords

Nothing changes for Florida landlords today: no city or county may cap rent, and increases follow the lease and Chapter 83, Part II notice rules. If the measure qualifies, the key question is how the filed text defines a covered "corporate landlord." See also what Amendment 3 changes for rental property owners.

Tenants

What it means for tenants

Florida tenants have no rent cap now, and none could arrive before November 2028. During a fixed-term lease, rent changes only as the lease allows.

What to do now

For Florida landlords and tenants, while the petition is pending:

  • Read the petition text when the Division of Elections posts it.
  • Track the February 1, 2028 qualification deadline and the Florida Supreme Court's review.
  • Keep rent-increase notices in line with your lease and Chapter 83, Part II.
  • Large operators: see the RealPage settlements and the FTC's Progress Residential settlement.

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Written by

Founder & CEO, Tenon10

Syed is the founder and CEO of Tenon10, an AI-native property management platform built for Canadian landlords and property managers. Before Tenon10 he was a Senior Software Engineer at Morningstar and a developer at Canadian Tire Financial Services, and he has been building rental-management software since 2020. He writes about Ontario tenancy rules, rent increases and running a small rental portfolio well.

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