FL
Florida House Bill H0537

Florida 2022 Regular Session

Florida House Bill H0537 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to fees in lieu of security deposits; 2
1616 creating s. 83.491, F.S.; authorizing a landlord to 3
1717 offer a tenant the option to pay a fee in lieu of a 4
1818 security deposit; requiring the landlord to notify the 5
1919 tenant of certain unpaid fees and costs wit hin a 6
2020 specified time after the conclusion of the tenancy; 7
2121 prohibiting the landlord from filing an insurance 8
2222 claim within a specified period of time; providing 9
2323 requirements for the landlord and insurer if an 10
2424 insurance claim to recover certain losses is file d; 11
2525 prohibiting the landlord from accepting certain 12
2626 payments; requiring the landlord to provide certain 13
2727 written notice to the tenant; requiring a written 14
2828 agreement signed by the landlord, or the landlord's 15
2929 agent, and the tenant if the tenant decides to pay a 16
30-fee in lieu of the security deposit; prohibiting the 17
31-written agreement from contradicting certain laws; 18
32-requiring that certain information be in the written 19
33-agreement; requiring a specified disclosure in the 20
34-written agreement; providing options for paying the 21
35-fee; specifying that certain fees, insurance products, 22
36-and surety bonds are not security deposits; specifying 23
37-that landlords have exclusive discretion a s to whether 24
38-to offer tenants the option to pay a fee in lieu of a 25
30+fee in lieu of the security deposit; requiring a 17
31+specified disclosure in the written agreement; 18
32+providing options for paying the fee; specifying that 19
33+the fee is not a security deposit; specifying that 20
34+landlords have exclusive discretion whether to offer 21
35+tenants the option to pay a fee in lieu of a security 22
36+deposit; requiring a landlord to offer the fee option 23
37+to all new tenants under certain circumstances; 24
38+providing an exception; providing applicability; 25
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4747 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
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51-security deposit; prohibiting a landlord from 26
52-approving or denying an application for occupancy 27
53-based on a prospective tenant's choice to pay a fee in 28
54-lieu of a security deposit; requiring that landlords 29
55-who offer a tenant the fee option offer such option to 30
56-all new tenants renting a dwelling unit on the same 31
57-premises; providing an exception; providing 32
58-construction; providing applicability; providing an 33
59-effective date. 34
60- 35
61-Be It Enacted by the Legislature of the State of Florida: 36
62- 37
63- Section 1. Section 83.491, Florida Statutes, is created to 38
64-read: 39
65- 83.491 Fee in lieu of security deposit. — 40
66- (1) If a rental agreement requires a security deposit, a 41
67-landlord may offer a tenant the option to p ay a fee in lieu of 42
68-the security deposit. 43
69- (2)(a) If a tenant agrees to pay a fee in lieu of a 44
70-security deposit, the landlord must notify the tenant within 30 45
71-days after the conclusion of the tenancy of any costs or fees 46
72-that are due resulting from unpaid rent, fees, or other 47
73-obligations under the rental agreement, including, but not 48
74-limited to, costs required for repairing damage to the premises 49
75-beyond normal wear and tear. 50
51+providing an effective date. 26
52+ 27
53+Be It Enacted by the Legislature of the State of Florida: 28
54+ 29
55+ Section 1. Section 83.491, Florida Statutes, is created to 30
56+read: 31
57+ 83.491 Fee in lieu of security deposit. — 32
58+ (1) If a rental agreement requires a security deposit, a 33
59+landlord may offer a tenant the option to p ay a fee in lieu of 34
60+the security deposit. 35
61+ (2)(a) If a tenant agrees to pay a fee in lieu of a 36
62+security deposit, the landlord must notify the tenant within 30 37
63+days after the conclusion of the tenancy of any costs or fees 38
64+that are due resulting from unpaid rent, fees, or other 39
65+obligations under the rental agreement, including, but not 40
66+limited to, costs required for repairing damage to the premises 41
67+beyond normal wear and tear. 42
68+ (b) A landlord may not submit a claim with an insurer to 43
69+recover the landlord's losses associated with unpaid rent, fees, 44
70+or other obligations under the rental agreement, including, but 45
71+not limited to, costs required for repairing damage to the 46
72+premises beyond normal wear and tear until at least 15 days 47
73+after providing the tenant with the required notice under 48
74+paragraph (a). 49
75+ 1. The landlord must include an itemized list of any 50
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8484 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
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88- (b) A landlord may not submit a claim with an insurer to 51
89-recover the landlord's losses associated with unpaid rent, fees, 52
90-or other obligations under the rental agreement, including, but 53
91-not limited to, costs required for repairing damage to the 54
92-premises beyond normal wear and tear until at least 15 days 55
93-after providing the tenant with the required notice under 56
94-paragraph (a). 57
95- 1. The landlord must include an itemized list of any 58
96-unpaid amounts and the dates such amounts were due, 59
97-documentation supporting any itemized damages and costs of 60
98-repairs, and a copy of any written objection or report of any 61
99-communication of objection by the tenant when he or she submits 62
100-a claim to an insurer. 63
101- 2. If an insurer pays a claim that was submitted under 64
102-this subsection to a landlord and the insurer has subrogation 65
103-rights, the insurer may, within 1 ye ar after the tenancy that 66
104-was the subject of the claim ends, seek reimbursement from the 67
105-tenant for the amounts that were paid to the landlord. If the 68
106-insurer seeks reimbursement from the tenant, the following 69
107-apply: 70
108- a. The insurer must provide the tenan t with all 71
109-documentation for losses that the landlord provided to the 72
110-insurer in support of the landlord's claim and a copy of the 73
111-settlement statement documenting the insurer's payment of the 74
112-landlord's claim. 75
88+unpaid amounts and the dates such amounts were due, 51
89+documentation supporting any itemized damages and costs of 52
90+repairs, and a copy of any written objection or report of any 53
91+communication of objection by the tenant when he or she submits 54
92+a claim to an insurer. 55
93+ 2. If an insurer pays a claim that was submitted under 56
94+this subsection to a landlord and the insurer has subrogation 57
95+rights, the insurer may, within 1 ye ar after the tenancy that 58
96+was the subject of the claim ends, seek reimbursement from the 59
97+tenant for the amounts that were paid to the landlord. If the 60
98+insurer seeks reimbursement from the tenant, the following 61
99+apply: 62
100+ a. The insurer must provide the tenan t with all 63
101+documentation for losses that the landlord provided to the 64
102+insurer in support of the landlord's claim and a copy of the 65
103+settlement statement documenting the insurer's payment of the 66
104+landlord's claim. 67
105+ b. The tenant has any defenses against the insurer which 68
106+the insurer would otherwise have against the landlord. 69
107+ 3. A landlord may not accept payment from both a tenant 70
108+and an insurer for amounts associated with the same rent, fees, 71
109+or damages. 72
110+ (3) If a landlord offers a tenant the option to pay a fee 73
111+in lieu of a security deposit, the landlord must notify the 74
112+tenant in writing of all of the following: 75
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121121 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
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125- b. The tenant has any defenses against the insurer which 76
126-the insurer would otherwise have against the landlord. 77
127- 3. A landlord may not accept payment from both a tenant 78
128-and an insurer for amounts associated with the same rent, fees, 79
129-or damages. 80
130- (3) If a landlord offers a tenant the option to pay a fee 81
131-in lieu of a security deposit, the landlord must notify the 82
132-tenant in writing of all of the following: 83
133- (a) That the tenant has the option to pay a security 84
134-deposit instead of the fee. 85
135- (b) That the tenant may, at any time, terminate the 86
136-agreement to pay the fee in lieu of the security deposit and 87
137-instead pay a security deposit in the amount that is otherwise 88
138-offered to new tenants for a substantially similar dwelling unit 89
139-on the date that the tenant terminates the agreement. 90
140- (c) Whether any additional charges apply for the options 91
141-provided in paragraphs (a) and (b). 92
142- (d) The amount of the payments required for each option 93
143-the landlord offers. 94
144- (e) That the fee is nonrefundable, if applicable. 95
145- (f) That the fee is only for securing occ upancy without 96
146-paying a required security deposit. 97
147- (g) That the fee payment does not limit or change the 98
148-tenant's obligation to pay rent and fees, if any, under the 99
149-rental agreement or limit or change the tenant's obligation to 100
125+ (a) That the tenant has the option to pay a security 76
126+deposit instead of the fee. 77
127+ (b) That the tenant may, at any time, terminate the 78
128+agreement to pay the fee in lieu of the security deposit and 79
129+instead pay a security deposit in the amount that is otherwise 80
130+offered to new tenants for a substantially similar dwelling unit 81
131+on the date that the tenant terminates the agreement. 82
132+ (c) Whether any addi tional charges apply for the options 83
133+provided in paragraphs (a) and (b). 84
134+ (d) The amount of the payments required for each option 85
135+the landlord offers. 86
136+ (e) That the fee is nonrefundable, if applicable. 87
137+ (f) That the fee is only for securing occupancy wi thout 88
138+paying a required security deposit. 89
139+ (g) That the fee payment does not limit or change the 90
140+tenant's obligation to pay rent and fees, if any, under the 91
141+rental agreement or limit or change the tenant's obligation to 92
142+pay the costs of repairing damage t o the premises beyond normal 93
143+wear and tear. 94
144+ (h) That if the landlord uses any portion of the fee to 95
145+purchase insurance, the tenant is not insured and is not a 96
146+beneficiary of the landlord's insurance coverage, and that the 97
147+insurance does not limit or chan ge the tenant's obligations to 98
148+pay rent and fees, if any, under the rental agreement or change 99
149+the tenant's obligation to pay the costs of repairing damage to 100
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158158 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
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162-pay the costs of repairing damage to the premises beyond normal 101
163-wear and tear. 102
164- (h) That if the landlord uses any portion of the fee to 103
165-purchase insurance, the tenant is not insured and is not a 104
166-beneficiary of the landlord's insurance coverage, and that the 105
167-insurance does not limi t or change the tenant's obligations to 106
168-pay rent and fees, if any, under the rental agreement or change 107
169-the tenant's obligation to pay the costs of repairing damage to 108
170-the premises beyond normal wear and tear. 109
171- (4)(a) If a tenant decides to pay a fee in l ieu of a 110
172-security deposit, a written agreement to collect the fee must be 111
173-signed by the landlord, or the landlord's agent, and the tenant. 112
174-The written agreement may not contain any clause that 113
175-contradicts s. 83.45 or s. 83.47. The written agreement must, a t 114
176-a minimum, specify all of the following: 115
177- 1. The amount of the fee. 116
178- 2. How and when the fee is to be collected. 117
179- 3. The process and timeframe in which a tenant must pay 118
180-the security deposit specified in the rental agreement if the 119
181-tenant defaults on the fee. 120
182- 4. That the written agreement may be terminated at any 121
183-time as long as the tenant pays the amount of the security 122
184-deposit specified in the rental agreement. 123
185- 5. If the tenant pays the amount of the security deposit 124
186-specified in the rental agree ment, then the tenant's default on 125
162+the premises beyond normal wear and tear. 101
163+ (4)(a) If a tenant decides to pay a fee in lieu of a 102
164+security deposit, a written agreement to collect the fee must be 103
165+signed by the landlord, or the landlord's agent, and the tenant. 104
166+The written agreement must, at a minimum, specify the amount of 105
167+the fee and how and when the fee is to be collected. 106
168+ (b) The written agreement specified under paragraph (a) 107
169+must also include a disclosure in substantially the following 108
170+form: 109
171+ 110
172+ FEE IN LIEU OF SECURITY DEPOSIT 111
173+THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY BOTH PARTIES 112
174+AND THE TENANT AGREES TO PAY THE LANDLOR D A FEE IN LIEU OF A 113
175+SECURITY DEPOSIT AS AUTHORIZED UNDER SECTION 83.491, FLORIDA 114
176+STATUTES. THIS FEE IS NOT A SECURITY DEPOSIT AND PAYMENT OF THE 115
177+FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIGATIONS UNDER THE 116
178+RENTAL AGREEMENT, INCLUDING THE OBLIGATION TO PAY RENT AS IT 117
179+BECOMES DUE AND ANY COSTS AND DAMAGES BEYOND NORMAL WEAR AND 118
180+TEAR THAT THE TENANT OR HIS OR HER GUESTS MAY CAUSE. IF THE 119
181+LANDLORD USES ANY PORTION OF THE TENANT'S FEE TO PURCHASE 120
182+INSURANCE, THE TENANT IS NOT INSURED AND IS NOT A BENEFICIARY OF 121
183+SUCH COVERAGE. SUCH INSURANCE DOES NOT LIMIT OR CHANGE THE 122
184+TENANT'S OBLIGATION TO PAY RENT AND FEES, IF ANY, UNDER THE 123
185+RENTAL AGREEMENT OR TO PAY THE COSTS AND DAMAGES BEYOND NORMAL 124
186+WEAR AND TEAR THAT THE TENANT OR HIS OR HER GUESTS MAY CAUSE. 125
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195195 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
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199-paying the fee or termination of the written agreement may not 126
200-adversely impact the tenant's credit report. 127
201- (b) The written agreement specified under paragraph (a) 128
202-must also include a disclosure in substantially the fol lowing 129
203-form: 130
204- 131
205- FEE IN LIEU OF SECURITY DEPOSIT 132
206-THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY BOTH PARTIES 133
207-AND THE TENANT AGREES TO PAY THE LANDLORD A FEE IN LIEU OF A 134
208-SECURITY DEPOSIT AS AUTHORIZED UNDER SECTION 83.491, FLORIDA 135
209-STATUTES. THIS FEE IS NOT A SECURITY DEPOSIT AND PAYMENT OF THE 136
210-FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIGATIONS UNDER THE 137
211-RENTAL AGREEMENT, INCLUDING THE OBLIGATION TO PAY RENT AS IT 138
212-BECOMES DUE AND ANY COSTS AND DAMAGES BEYOND NORMAL WEAR AND 139
213-TEAR THAT THE TENANT OR HIS OR HER GUESTS MAY CAUSE. IF THE 140
214-LANDLORD USES ANY PORTION OF THE TENANT'S FEE TO PURCHASE 141
215-INSURANCE, THE TENANT IS NOT INSURED AND IS NOT A BENEFICIARY OF 142
216-SUCH COVERAGE. SUCH INSURANCE DOES NOT LIMIT OR CHANGE THE 143
217-TENANT'S OBLIGATION TO PAY RENT AND FEES, IF ANY, UNDER THE 144
218-RENTAL AGREEMENT OR TO PAY THE COSTS AND DAMAGES BEYOND NORMAL 145
219-WEAR AND TEAR THAT THE TENANT OR HIS OR HER GUESTS MAY CAUSE. 146
220-THE TENANT MAY TERMINATE THIS AGREEMENT AT ANY TIME AND STOP 147
221-PAYING THE FEE AND INSTEAD PAY A SECURITY DEPOSIT AS PR OVIDED IN 148
222-SECTION 83.491, FLORIDA STATUTES. 149
223- 150
199+THE TENANT MAY TERMINATE THIS AGREEMENT AT ANY TIME AND STOP 126
200+PAYING THE FEE AND INSTEAD PAY A SECURITY DEPOSIT AS PROVIDED IN 127
201+SECTION 83.491, FLORIDA STATUTES. 128
202+ 129
203+THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 130
204+FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 131
205+OBLIGATIONS. 132
206+ 133
207+ (5) A fee in lieu of a security deposit may be: 134
208+ (a) A recurring monthly fee, payable on the same date that 135
209+the rent payment is due under the rental agreement; or 136
210+ (b) Payable upon a schedule that the landlord and tenant 137
211+choose and as specified in the written agreement. 138
212+ (6) A fee collected under this section is not a security 139
213+deposit as defined in s. 83.43(12). 140
214+ (7) A landlord has exclusive discretion whether to offer 141
215+tenants the option to pay a fee in lieu of a security depo sit 142
216+and is not required to offer the fee option to tenants. However, 143
217+if a landlord offers a tenant the option to pay a fee in lieu of 144
218+a security deposit, the landlord must also offer all new tenants 145
219+renting a dwelling unit on the same premises the option t o pay a 146
220+fee in lieu of a security deposit, unless the landlord chooses 147
221+to terminate the fee option for all tenants. 148
222+ (8) This section applies to rental agreements entered into 149
223+or renewed on or after July 1, 2022. 150
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232232 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
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236-THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 151
237-FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 152
238-OBLIGATIONS. 153
239- 154
240- (5) A fee in lieu of a security deposit may be: 155
241- (a) A recurring monthly fee , payable on the same date that 156
242-the rent payment is due under the rental agreement; or 157
243- (b) Payable upon a schedule that the landlord and tenant 158
244-choose and as specified in the written agreement. 159
245- (6) A fee collected under this section, or an insurance 160
246-product or a surety bond accepted, by a landlord in lieu of a 161
247-security deposit is not a security deposit as defined in s. 162
248-83.43(12). 163
249- (7) A landlord has exclusive discretion as to whether to 164
250-offer tenants the option to pay a fee in lieu of a security 165
251-deposit and is not required to offer such fee option to tenants. 166
252-However, if a landlord offers a tenant an option to pay a fee in 167
253-lieu of a security deposit, the landlord may not use a 168
254-prospective tenant's choice to pay, or offer to pay, a fee in 169
255-lieu of a security deposit as criteria in the determination to 170
256-approve or deny an application for occupancy, and the landlord 171
257-must also offer all new tenants renting a dwelling unit on the 172
258-same premises the option to pay a fee in lieu of a security 173
259-deposit, unless the landlord chooses to prospectively terminate 174
260-the fee option for all new rental agreements. 175
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269-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
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271-
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273- (8)(a) This section does not: 176
274- 1. Require a fee collected in lieu of a security deposit 177
275-to be used to purchase an insurance product or surety bond; or 178
276- 2. Prohibit a tenant from being offered or sold an 179
277-insurance product or a surety bond to present to the landlord in 180
278-lieu of a security deposit if the offer or sale of such 181
279-insurance product or surety bond complies with the laws of this 182
280-state. 183
281- (b) Acceptance by a landlord of an insurance product or a 184
282-surety bond that is purchased or procured by a tenant, a 185
283-landlord, or an agent of the landlord may not be considered an 186
284-offer on the part of the landlord to allow a tenant to pay a fee 187
285-in lieu of a security d eposit for the purposes of subsection 188
286-(7). 189
287- (9) This section applies to rental agreements entered into 190
288-or renewed on or after July 1, 2022. 191
289- Section 2. This act shall take effect July 1, 2022. 192
236+ Section 2. This act shall take effect July 1, 2022. 151