CS/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 notify the 5
tenant of certain unpaid fees and costs wit hin a 6
specified time after the conclusion of the tenancy; 7
prohibiting the landlord from filing an insurance 8
claim within a specified period of time; providing 9
requirements for the landlord and insurer if an 10
insurance claim to recover certain losses is file d; 11
prohibiting the landlord from accepting certain 12
payments; requiring the landlord to provide certain 13
written notice to the tenant; requiring a written 14
agreement signed by the landlord, or the landlord's 15
agent, and the tenant if the tenant decides to pay a 16
fee in lieu of the security deposit; requiring a 17
specified disclosure in the written agreement; 18
providing options for paying the fee; specifying that 19
the fee is not a security deposit; specifying that 20
landlords have exclusive discretion whether to offer 21
tenants the option to pay a fee in lieu of a security 22
deposit; requiring a landlord to offer the fee option 23
to all new tenants under certain circumstances; 24
providing an exception; providing applicability; 25
CS/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
providing an effective date. 26
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Be It Enacted by the Legislature of the State of Florida: 28
29
Section 1. Section 83.491, Florida Statutes, is created to 30
read: 31
83.491 Fee in lieu of security deposit. — 32
(1) If a rental agreement requires a security deposit, a 33
landlord may offer a tenant the option to p ay a fee in lieu of 34
the security deposit. 35
(2)(a) If a tenant agrees to pay a fee in lieu of a 36
security deposit, the landlord must notify the tenant within 30 37
days after the conclusion of the tenancy of any costs or fees 38
that are due resulting from unpaid rent, fees, or other 39
obligations under the rental agreement, including, but not 40
limited to, costs required for repairing damage to the premises 41
beyond normal wear and tear. 42
(b) A landlord may not submit a claim with an insurer to 43
recover the landlord's losses associated with unpaid rent, fees, 44
or other obligations under the rental agreement, including, but 45
not limited to, costs required for repairing damage to the 46
premises beyond normal wear and tear until at least 15 days 47
after providing the tenant with the required notice under 48
paragraph (a). 49
1. The landlord must include an itemized list of any 50
CS/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
unpaid amounts and the dates such amounts were due, 51
documentation supporting any itemized damages and costs of 52
repairs, and a copy of any written objection or report of any 53
communication of objection by the tenant when he or she submits 54
a claim to an insurer. 55
2. If an insurer pays a claim that was submitted under 56
this subsection to a landlord and the insurer has subrogation 57
rights, the insurer may, within 1 ye ar after the tenancy that 58
was the subject of the claim ends, seek reimbursement from the 59
tenant for the amounts that were paid to the landlord. If the 60
insurer seeks reimbursement from the tenant, the following 61
apply: 62
a. The insurer must provide the tenan t with all 63
documentation for losses that the landlord provided to the 64
insurer in support of the landlord's claim and a copy of the 65
settlement statement documenting the insurer's payment of the 66
landlord's claim. 67
b. The tenant has any defenses against the insurer which 68
the insurer would otherwise have against the landlord. 69
3. A landlord may not accept payment from both a tenant 70
and an insurer for amounts associated with the same rent, fees, 71
or damages. 72
(3) If a landlord offers a tenant the option to pay a fee 73
in lieu of a security deposit, the landlord must notify the 74
tenant in writing of all of the following: 75
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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) That the tenant has the option to pay a security 76
deposit instead of the fee. 77
(b) That the tenant may, at any time, terminate the 78
agreement to pay the fee in lieu of the security deposit and 79
instead pay a security deposit in the amount that is otherwise 80
offered to new tenants for a substantially similar dwelling unit 81
on the date that the tenant terminates the agreement. 82
(c) Whether any addi tional charges apply for the options 83
provided in paragraphs (a) and (b). 84
(d) The amount of the payments required for each option 85
the landlord offers. 86
(e) That the fee is nonrefundable, if applicable. 87
(f) That the fee is only for securing occupancy wi thout 88
paying a required security deposit. 89
(g) That the fee payment does not limit or change the 90
tenant's obligation to pay rent and fees, if any, under the 91
rental agreement or limit or change the tenant's obligation to 92
pay the costs of repairing damage t o the premises beyond normal 93
wear and tear. 94
(h) That if the landlord uses any portion of the fee to 95
purchase insurance, the tenant is not insured and is not a 96
beneficiary of the landlord's insurance coverage, and that the 97
insurance does not limit or chan ge the tenant's obligations to 98
pay rent and fees, if any, under the rental agreement or change 99
the tenant's obligation to pay the costs of repairing damage to 100
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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
the premises beyond normal wear and tear. 101
(4)(a) If a tenant decides to pay a fee in lieu of a 102
security deposit, a written agreement to collect the fee must be 103
signed by the landlord, or the landlord's agent, and the tenant. 104
The written agreement must, at a minimum, specify the amount of 105
the fee and how and when the fee is to be collected. 106
(b) The written agreement specified under paragraph (a) 107
must also include a disclosure in substantially the following 108
form: 109
110
FEE IN LIEU OF SECURITY DEPOSIT 111
THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY BOTH PARTIES 112
AND THE TENANT AGREES TO PAY THE LANDLOR D A FEE IN LIEU OF A 113
SECURITY DEPOSIT AS AUTHORIZED UNDER SECTION 83.491, FLORIDA 114
STATUTES. THIS FEE IS NOT A SECURITY DEPOSIT AND PAYMENT OF THE 115
FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIGATIONS UNDER THE 116
RENTAL AGREEMENT, INCLUDING THE OBLIGATION TO PAY RENT AS IT 117
BECOMES DUE AND ANY COSTS AND DAMAGES BEYOND NORMAL WEAR AND 118
TEAR THAT THE TENANT OR HIS OR HER GUESTS MAY CAUSE. IF THE 119
LANDLORD USES ANY PORTION OF THE TENANT'S FEE TO PURCHASE 120
INSURANCE, THE TENANT IS NOT INSURED AND IS NOT A BENEFICIARY OF 121
SUCH COVERAGE. SUCH INSURANCE DOES NOT LIMIT OR CHANGE THE 122
TENANT'S OBLIGATION TO PAY RENT AND FEES, IF ANY, UNDER THE 123
RENTAL AGREEMENT OR TO PAY THE COSTS AND DAMAGES BEYOND NORMAL 124
WEAR AND TEAR THAT THE TENANT OR HIS OR HER GUESTS MAY CAUSE. 125
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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
THE TENANT MAY TERMINATE THIS AGREEMENT AT ANY TIME AND STOP 126
PAYING THE FEE AND INSTEAD PAY A SECURITY DEPOSIT AS PROVIDED IN 127
SECTION 83.491, FLORIDA STATUTES. 128
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THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 130
FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 131
OBLIGATIONS. 132
133
(5) A fee in lieu of a security deposit may be: 134
(a) A recurring monthly fee, payable on the same date that 135
the rent payment is due under the rental agreement; or 136
(b) Payable upon a schedule that the landlord and tenant 137
choose and as specified in the written agreement. 138
(6) A fee collected under this section is not a security 139
deposit as defined in s. 83.43(12). 140
(7) A landlord has exclusive discretion whether to offer 141
tenants the option to pay a fee in lieu of a security depo sit 142
and is not required to offer the fee option to tenants. However, 143
if a landlord offers a tenant the option to pay a fee in lieu of 144
a security deposit, the landlord must also offer all new tenants 145
renting a dwelling unit on the same premises the option t o pay a 146
fee in lieu of a security deposit, unless the landlord chooses 147
to terminate the fee option for all tenants. 148
(8) This section applies to rental agreements entered into 149
or renewed on or after July 1, 2022. 150
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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
Section 2. This act shall take effect July 1, 2022. 151