Florida Section 8 Rules: No Statewide Voucher Protection

By Steve Levine · Updated November 3, 2026

Short answer: The core of the Florida Section 8 rules is that no state statute stops a landlord from turning down a voucher, because the Florida Fair Housing Act in Fla. Stat. § 760.23 does not list source of income. Miami-Dade County’s human rights ordinance does protect source of income, but a 2023 statute, Fla. Stat. § 83.425, now reserves tenant screening rules to the state, so local protection is less certain than it used to be.

Florida has no single statewide voucher office. Dozens of local housing authorities each run their own Housing Choice Voucher program, set their own waiting-list rules and open applications on their own schedules. This guide covers the big ones, the local-versus-state fight over voucher refusals, and what to have ready when a list finally opens.

Florida Section 8 Rules at a Glance

Rule	Florida	Statute
Statewide ban on refusing vouchers	No. Source of income is not a protected class in state fair housing law	Fla. Stat. § 760.23
Local landlord-tenant rules	Preempted to the state, including screening and lease terms	Fla. Stat. § 83.425
Your rent share	Greater of 30% of monthly adjusted income or 10% of monthly gross income (or minimum rent)	24 CFR 5.628
Cap when you first move in	Your share cannot exceed 40% of adjusted monthly income if rent is above the payment standard	24 CFR 982.508
Ending a voucher tenancy	Only for listed grounds, and only through a court case	24 CFR 982.310

Can a Florida Landlord Refuse Section 8?

In most of the state, yes. Section 760.23 bars housing discrimination based on race, color, national origin, sex, disability, familial status and religion. Income source is not on that list, so a landlord in Orlando, Tallahassee or Fort Myers can generally say “no vouchers” in an ad without breaking state law. The landlord still cannot use a voucher policy as cover for turning away, say, families with children or disabled applicants, which remains illegal.

Miami-Dade is the main exception. The county’s Commission on Human Rights says its human rights ordinance (Chapter 11A) makes it unlawful to discriminate in housing based on source of income, and housing complaints must be filed within 365 days of the incident.

The 2023 preemption question

Section 83.425, added by chapter 2023-314, says the regulation of residential tenancies and the landlord-tenant relationship is “preempted to the state.” The statute specifically lists “the screening process used by a landlord in approving tenancies” among the subjects local governments can no longer regulate. The text does not mention fair housing ordinances by name, and it does not say whether a county anti-discrimination rule counts as screening regulation. If you were turned away in Miami-Dade because of a voucher, file with the county commission within the 365-day window and let it tell you whether it will take the case, rather than assuming the protection is gone.

Florida’s Largest Voucher Programs and Their Waiting Lists

Each housing authority keeps its own list. Getting on one does not put you on another, and a list that is closed today may reopen for only a few days.

Miami-Dade Public Housing and Community Development (PHCD). Its 2024 opening shows how competitive Florida lists are. According to PHCD’s 2024 waiting list FAQ, a computer randomization on March 18, 2024 picked only 5,000 applications for placement. Ranked applicants are then pulled by preference categories that include displacement by a natural disaster, homelessness, veterans and Miami-Dade residency.
Jacksonville Housing. Its Housing Choice Voucher page says all of its waiting lists closed on May 31, 2023. Jacksonville is also one of the authorities using Small Area Fair Market Rents, so its payment standard varies by ZIP code. That can make a voucher go further in higher-rent parts of Duval County and less far in cheaper ones.
Tampa Housing Authority. Its online application page directs applicants to whatever list is currently open and states that all other Tampa Housing waitlists are closed.

Smaller cities and counties run their own programs too. If you can live anywhere in a metro area, apply with every authority that opens a list. Some, like Miami-Dade, give a preference to local residents, so where you live when you apply can matter.

Federal Rules Every Florida Voucher Holder Lives With

Once you have a voucher, a uniform federal rulebook takes over. Your total tenant payment is the highest of 30% of monthly adjusted income, 10% of monthly gross income, or the authority’s minimum rent under 24 CFR 5.628. Adjusted income subtracts $480 for each dependent and $525 for an elderly or disabled family under 24 CFR 5.611.

The unit must pass an inspection before the lease begins and then at least every two years, per 24 CFR 982.405. Income is rechecked at least once a year under 24 CFR 982.516, and you can ask for an interim review if your pay drops. A voucher is generally portable to another housing authority anywhere in the country under 24 CFR 982.353, though someone who did not live in the issuing authority’s area when applying can be held there for the first 12 months.

A Florida landlord who wants a voucher tenant out mid-lease needs a reason the regulation recognizes, such as serious or repeated lease violations, and must go to court. During the first lease term, a landlord generally cannot end the tenancy for “other good cause” unless the reason is something the family did or failed to do. The state court steps are in our Florida eviction process guide.

A Jacksonville Example With Real Numbers

Renee is a single mother of two in Jacksonville earning $30,000 a year. Her two children are dependents, so her adjusted income is $30,000 minus $960, or $29,040. That is $2,420 a month, and 30% of it is $726. Ten percent of her gross monthly income is $250, so her total tenant payment is $726.

Renee finds a house in a ZIP code where the gross rent is above Jacksonville’s payment standard. Because this is her first move-in with the voucher, 24 CFR 982.508 caps her share at 40% of adjusted monthly income, which is $968. If her share for that house would be higher, the authority cannot approve the lease and she has to keep looking. You can rerun these numbers with your own figures in our Section 8 rent calculator.

Applying in Florida: What to Gather Now

Lists open with little warning and sometimes close within two weeks, so collect paperwork before you need it:

A Social Security number for every household member, backed by a card or a government document showing the number, as 24 CFR 5.216 requires.
Photo ID for adults and birth certificates for children.
Recent pay stubs, benefit award letters (Social Security, SSI, child support) and bank statements.
Proof of any preference you claim, such as a disaster displacement notice or veteran status.
A current mailing address and email you check daily. Miami-Dade’s FAQ says selected applicants are notified by mail or email.

While you wait, Florida Housing Finance Corporation’s FloridaHousingSearch.org is a free state listing service for affordable, accessible and market-rate rentals. You can use it to find landlords who advertise that they accept vouchers.

Frequently Asked Questions

Can a Miami landlord post “no Section 8” in an ad?

Miami-Dade’s Chapter 11A lists source of income as a protected basis, so a flat refusal in the county may be a violation. Because Fla. Stat. § 83.425 now preempts local screening rules, the county commission is the place to find out whether your complaint can proceed. File within 365 days.

Does Florida have a state-funded voucher I can use instead?

The rent subsidy most renters mean by “Section 8” is the federal program run by local housing authorities. What the state agency, Florida Housing Finance Corporation, offers renters directly is FloridaHousingSearch.org, a free listing service for affordable, accessible and market-rate units, plus its SHIP program for local governments.

Why does my Jacksonville voucher cover more in one neighborhood than another?

Jacksonville Housing uses Small Area Fair Market Rents, so payment standards change by ZIP code. Under the authority’s rule, increases take effect at your next annual recertification or move.

Can my Florida landlord refuse to renew my voucher lease?

Once the first term ends, a landlord can cite “other good cause,” which under 24 CFR 982.310 includes business reasons such as selling the property or wanting higher rent. Written notice of the grounds is required. If you do not move, the landlord still has to win an eviction case in court.

I applied to Miami-Dade’s 2024 list. How do I know if I got a spot?

PHCD’s FAQ says rankings were posted with your confirmation number on its lottery checker, and that if no ranking appears you were not selected. Keep your contact details current, because unanswered notices can cost you your place.

Your Next Step

Pick the two or three housing authorities that cover where you could live, and sign up for their announcements so you hear the day a list opens. If a landlord refuses your voucher in Miami-Dade, write down the date, the listing and what was said, then contact the county’s human rights commission. For other Florida rental rules, start with our Florida tenant rights overview or the Florida security deposit guide, and compare other states on the Section 8 rules by state hub.

This page is general information, not legal advice. For help with a specific denial or eviction, find your local legal aid office through LSC’s get legal help page.

Sources

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