CS/HB 537 2022
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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
specifying that landlords have exclusive discretion 13
whether to offer tenants the option to pay a fee in 14
lieu of a security deposit; requiring a landlord to 15
offer the fee option to all new tenants under certain 16
circumstances; providing an exception; providing 17
applicability; providing an effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Section 83.491, Florida Statutes, is created to 22
read: 23
83.491 Fee in lieu of security deposit. — 24
(1) If a rental agreement requires a security deposit, a 25
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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
landlord may offer a tenant the option to pay a fee in lieu of 26
the security deposit. 27
(2) If a landlord offers a tenant the option to pay a fee 28
in lieu of the security deposit, the landlord must notify the 29
tenant in writing of all of the following: 30
(a) That the tenant has the option to pay a security 31
deposit instead of the fee. 32
(b) That the tenant may, at any time, terminate the 33
agreement to pay the fee in lieu of the security deposit and 34
instead pay a security deposit in the amount that is otherwise 35
offered to new tenants for a substantially similar dwelling unit 36
on the date that the t enant terminates the agreement. 37
(c) Whether any additional charges apply for the options 38
provided in paragraphs (a) and (b). 39
(3)(a) If a tenant decides to pay a fee in lieu of the 40
security deposit, a written agreement to collect the fee must be 41
signed by the landlord, or the landlord's agent, and the tenant. 42
The written agreement must, at a minimum, specify the amount of 43
the fee and how and when the fee is to be collected. 44
(b) The written agreement specified under paragraph (a) 45
must also include a dis closure in substantially the following 46
form: 47
48
FEE IN LIEU OF SECURITY DEPOSIT 49
THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY BOTH PARTIES 50
CS/HB 537 2022
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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
AND THE TENANT AGREES TO PAY THE LANDLORD A FEE IN LIEU OF A 51
SECURITY DEPOSIT AS AUTHORIZED UNDER SECTION 83.491, FLORIDA 52
STATUTES. THIS FEE IS NOT A SECURITY DEPOSIT AND PAYMENT OF THE 53
FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIGATIONS UNDER THE 54
RENTAL AGREEMENT, INCLUDING THE OBLIGATION TO PAY RENT AS IT 55
BECOMES DUE AND ANY COSTS AND DAMAGES BEYOND NORMAL WEAR AND 56
TEAR THAT THE TENANT OR HIS OR HER GUESTS MAY CAUSE. THE TENANT 57
MAY TERMINATE THIS AGREEMENT AT ANY TIME AND STOP PAYING THE FEE 58
AND INSTEAD PAY A SECURITY DEPOSIT AS PROVIDED IN SECTION 59
83.491, FLORIDA STATUTES. 60
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THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 62
FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 63
OBLIGATIONS. 64
65
(4) A fee in lieu of a security deposit may be: 66
(a) A recurring monthly fee, payable on the same date that 67
the rent payment is due under the rental agreement; or 68
(b) Payable upon a schedule that the landlord and tenant 69
choose and as specified in the written agreement. 70
(5) A fee collected under this section is not a security 71
deposit as defined in s. 83.43(12). 72
(6) A landlord has exclusive discretion whether to offer 73
tenants the option to pay a fee in lieu of a security deposit 74
and is not required to offer the fee option to tenants. However, 75
CS/HB 537 2022
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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
if a landlord offers a tenant the option to pay a fee in lieu of 76
a security deposit, the landlord must also offer all new tenants 77
renting a dwelling unit on the same premises the option to pay a 78
fee in lieu of a security deposit, unless the landlord chooses 79
to terminate the fee option for all tenants. 80
(7) This section applies to rental agreements entered into 81
or renewed on or after July 1, 2022. 82
Section 2. This act shall take effect July 1, 2022. 83