HB 537 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0537-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to fees in lieu of security deposits; 2
creating s. 83.491, F.S.; authorizing a landlord to 3
offer a tenant the option to pay a fee in lieu of a 4
security deposit; requiring the landlord to provide 5
certain written notice to the tenant; requiring a 6
written agreement signed by the landlord, or the 7
landlord's agent, and the tenant if the tenant decides 8
to pay a fee in lieu of the security deposit; 9
requiring a specified disclosure in the written 10
agreement; providing options for paying the fee; 11
specifying that the fee is not a security deposit; 12
requiring a landlord to offer the option to pay a fee 13
in lieu of a security deposit to all new tenants under 14
certain circumstances; providing an exception; 15
providing applicability; providing an effective date. 16
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Be It Enacted by the Legislature of the State of Florida: 18
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Section 1. Section 83.491, Florida Statutes, is created to 20
read: 21
83.491 Fee in lieu of s ecurity deposit.— 22
(1) If a rental agreement requires a security deposit, a 23
landlord may offer a tenant the option to pay a fee in lieu of 24
the security deposit. 25
HB 537 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0537-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) If a landlord offers a tenant the option to pay a fee 26
in lieu of the security deposit, t he landlord must notify the 27
tenant in writing of all of the following: 28
(a) That the tenant has the option to pay a security 29
deposit instead of the fee. 30
(b) That the tenant may, at any time, terminate the 31
agreement to pay the fee in lieu of the security deposit and 32
instead pay a security deposit in the amount that is otherwise 33
offered to new tenants for a substantially similar dwelling unit 34
on the date that the tenant terminates the agreement. 35
(c) Whether any additional charges apply for the options 36
provided in paragraphs (a) and (b). 37
(3)(a) If a tenant decides to pay a fee in lieu of the 38
security deposit, a written agreement to collect the fee must be 39
signed by the landlord, or the landlord's agent, and the tenant. 40
The written agreement must, at a mi nimum, specify the amount of 41
the fee and how and when the fee is to be collected. 42
(b) The written agreement specified under paragraph (a) 43
must also include a disclosure in substantially the following 44
form: 45
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FEE IN LIEU OF SECURITY DEPOSIT 47
THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY BOTH PARTIES 48
AND THE TENANT AGREES TO PAY THE LANDLORD A FEE IN LIEU OF A 49
SECURITY DEPOSIT AS AUTHORIZED UNDER SECTION 83.491, FLORIDA 50
HB 537 2022
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hb0537-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
STATUTES. THIS FEE IS NOT A SECURITY DEPOSIT AND PAYMENT OF THE 51
FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIGATIONS UNDER THE 52
RENTAL AGREEMENT, INCLUDING THE OBLIGATION TO PAY RENT AS IT 53
BECOMES DUE AND ANY COSTS AND DAMAGES BEYOND NORMAL WEAR AND 54
TEAR THAT THE TENANT OR HIS OR HER GUESTS MAY CAUSE. THE TENANT 55
MAY TERMINATE THIS AGREEMENT AT ANY TIME AND STOP PAYING THE FEE 56
AND INSTEAD PAY A SECURITY DEPOSIT AS PROVIDED IN SECTION 57
83.491, FLORIDA STATUTES. 58
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THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 60
FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 61
OBLIGATIONS. 62
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(4) A fee in lieu of a security deposit may be: 64
(a) A recurring monthly fee, payable on the same date that 65
the rent payment is due under the rental agreement; or 66
(b) Payable upon a schedule that the landlord and tenant 67
choose and as specified in the w ritten agreement. 68
(5) A fee collected under this section is not a security 69
deposit as defined in s. 83.43(12). 70
(6) If a landlord offers a tenant the option to pay a fee 71
in lieu of a security deposit, the landlord must also offer all 72
new tenants renting a dwelling unit on the same premises the 73
option to pay a fee in lieu of a security deposit, unless the 74
landlord chooses to terminate the fee option for all tenants. 75
HB 537 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0537-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(7) This section applies to rental agreements entered into 76
or renewed on or after July 1 , 2022. 77
Section 2. This act shall take effect July 1, 2022. 78