Fair Housing Protected Classes in Florida 2026
Federal Fair Housing Act baseline plus Florida-specific additions under Fla. Stat. § 760.20 et seq. (Florida Fair Housing Act).
Source of Income, Section 8 / HCV Status in Florida
Florida has no statewide source-of-income law, but several cities/counties have local ordinances. Landlords must check the local ordinance where the rental unit is located before refusing a voucher.
All 7 Protected Classes in Florida
Federal classes apply uniformly. The classes shaded green below are Florida-specific additions under Fla. Stat. § 760.20 et seq. (Florida Fair Housing Act).
Recent Florida Statutory Activity
Florida mirrors federal FHA. Several counties (Broward, Miami-Dade, Pinellas) and cities have local SOI ordinances.
If you own or manage rental property in Florida, the first question to settle is whether you can turn away a Section 8 housing voucher. The bottom line: there is no statewide source-of-income law in Florida, so a landlord may generally refuse a Section 8 voucher, unless a local city or county ordinance protects it. Several jurisdictions, including Broward, Miami-Dade, and Pinellas counties and some cities within them, have passed their own source-of-income protections. The practical rule is simple: check the local ordinance for the property's address before declining a voucher.
Beyond income, fair housing in Florida is governed by the Fla. Stat. § 760.20 et seq. (Florida Fair Housing Act), enforced by the Florida Commission on Human Relations. The state act tracks federal law closely, which means most of what applies to a Florida landlord comes from the federal baseline rather than extra state-only categories.
The Florida Fair Housing Act and who enforces it
Florida's fair housing rules live in the Fla. Stat. § 760.20 et seq. (Florida Fair Housing Act), administered by the Florida Commission on Human Relations. The Commission takes and investigates housing discrimination complaints, attempts conciliation, and can refer matters for enforcement. Because Florida's act is substantially equivalent to the federal Fair Housing Act, complaints filed with HUD are commonly routed to the Commission for handling.
For a landlord, this dual structure means a tenant who feels wronged has more than one door: a state complaint to the Commission, or a federal complaint to HUD under 42 U.S.C. § 3604. Both reach the same conduct, and both can result in investigation, conciliation, and federal civil penalties on top of damages. Treating the state act as merely advisory is a mistake, it carries the same protected categories and the same teeth as the federal law it mirrors.
Florida adds no protected classes beyond the federal seven
Some states layer extra categories onto the federal list. Florida does not. The Florida Fair Housing Act mirrors the federal FHA and adds no state-specific protected classes, the categories are the same seven recognized nationwide: race, color, national origin, religion, sex, familial status (households with children under 18, including pregnant tenants), and disability.
That said, the federal floor itself has shifted. Following the Supreme Court's Bostock decision, HUD's 2021 reading interprets "sex" under the FHA to include sexual orientation and gender identity. So while Florida law lists no separate LGBTQ category, those tenants are reached through "sex" at the federal level, and individual Florida cities and counties may extend further through their own human-rights ordinances. A landlord should never assume "only seven classes" means LGBTQ applicants can be screened out.
Screening and advertising traps that catch small Florida landlords
Most fair housing trouble in Florida comes from ordinary leasing habits, not open hostility. The familial-status rule trips up owners who advertise "adults only" or "perfect for a single professional" or who steer families with children away from upper floors, all risky unless the property qualifies as senior housing. With Florida's average rent around $1,572, blanket income multiples ("income must be 3x rent") can also disproportionately exclude voucher holders and protected groups; apply criteria evenly and document them.
The pivotal warning: never reject a Section 8 voucher by reflex without first checking the local ordinance. A refusal that is lawful in one Florida county may be illegal a few miles away. Keep written, consistent screening standards, avoid coded language in listings, and grant reasonable accommodations for disability, the inconsistencies are what investigators look for.
The Cost of a Fair-Housing Violation
City-Level Eviction Risk in Florida
Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604; 24 C.F.R. Part 100; 24 C.F.R. § 180.671 (civil penalties); HUD Memo Feb 11, 2021 (sex incl. SO/GI under Bostock).
- Florida fair-housing statute: Fla. Stat. § 760.20 et seq. (Florida Fair Housing Act).
- Source-of-income classification: Verified against state statute and major local ordinances. Marked "local" for Florida.
- Recent statutory activity: Florida mirrors federal FHA. Several counties (Broward, Miami-Dade, Pinellas) and cities have local SOI ordinances.
Related Guides for Florida Landlords
This page summarizes the Fla. Stat. § 760.20 et seq. (Florida Fair Housing Act), enforced by the Florida Commission on Human Relations, alongside the federal Fair Housing Act (42 U.S.C. § 3604). Last reviewed June 2026. It is informational only and is not legal advice; consult a qualified Florida attorney or the relevant local agency about your specific situation, including any city or county source-of-income ordinance.
Frequently Asked Questions
Can a Florida landlord refuse a Section 8 voucher?
Usually yes. Florida has no statewide source-of-income law, so a landlord may generally decline a Section 8 voucher. The major exception is local ordinances: counties such as Broward, Miami-Dade, and Pinellas, and some cities, protect source of income. Always check the ordinance for the property's specific address before refusing a voucher, because a refusal that is legal in one part of Florida can be unlawful in another.
How many protected classes does Florida have?
Seven. The Florida Fair Housing Act (Fla. Stat. § 760.20 et seq.) mirrors the federal Fair Housing Act and adds no state-specific classes. The seven are race, color, national origin, religion, sex, familial status, and disability. Some Florida cities and counties protect additional characteristics through their own local human-rights ordinances.
Are sexual orientation and gender identity protected in Florida housing?
There is no separate Florida state category for them, but they are reached through "sex." Under HUD's 2021 post-Bostock interpretation, "sex" in the federal Fair Housing Act includes sexual orientation and gender identity, and Florida's act mirrors that federal baseline. Many Florida localities also protect these characteristics explicitly. A landlord should not screen out LGBTQ applicants.
How is fair housing enforced in Florida, and what are the penalties?
Complaints go to the Florida Commission on Human Relations, which investigates and attempts conciliation; tenants can also file federally with HUD under 42 U.S.C. § 3604. Enforcement can lead to damages and federal civil penalties. Florida's state act is substantially equivalent to the federal FHA, so the same conduct is actionable through either channel.
Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: Fla. Stat. § 760.20 et seq. (Florida Fair Housing Act). Last updated August 28, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed Florida attorney before making a screening, denial, or eviction decision.