HB 133 2023
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hb0133-00
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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 notify the 5
tenant of certain unpaid fees and costs within 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 filed; 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; prohibiting the 17
written agreement from violating certain laws; 18
requiring that certain information be in the written 19
agreement; requiring a specified disclosure in the 20
written agreement; providing options for paying the 21
fee; specifying that certain fees, insurance products, 22
and surety bonds are not security deposits; specifying 23
that landlords have exclusive discretion as to whether 24
to offer tenants the option to pay a fee in lieu of a 25
HB 133 2023
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hb0133-00
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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
security deposit; prohibiting a landlord from 26
approving or denying an application for occupancy 27
based on a prospective tenant's choice to pay a fee in 28
lieu of a security deposit; requiring that landlords 29
who offer a tenant the fee option offer such option to 30
all new tenants renting a dwelling unit on the same 31
premises; providing an exception; providing 32
construction; providing applicability; providing an 33
effective date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. Section 83.491, Florida Statutes, is created to 38
read: 39
83.491 Fee in lieu of security deposit. — 40
(1) If a rental agreement requires a security deposit, a 41
landlord may offer a tenant the option to pay a fee in lieu of 42
the security deposit. 43
(2)(a) If a tenant agrees to pay a fee in lieu of a 44
security deposit, the landlord must notify the tenant within 30 45
days after the conclusion of the tenancy of any costs or fees 46
that are due resulting from unpaid ren t, fees, or other 47
obligations under the rental agreement, including, but not 48
limited to, costs required for repairing damage to the premises 49
beyond normal wear and tear. 50
HB 133 2023
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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
(b) A landlord may not submit a claim with an insurer to 51
recover the landlord's loss es associated with unpaid rent, fees, 52
or other obligations under the rental agreement, including, but 53
not limited to, costs required for repairing damage to the 54
premises beyond normal wear and tear until at least 15 days 55
after providing the tenant with the required notice under 56
paragraph (a). 57
1. The landlord must include an itemized list of any 58
unpaid amounts and the dates such amounts were due, 59
documentation supporting any itemized damages and costs of 60
repairs, and a copy of any written objection or repo rt of any 61
communication of objection by the tenant when he or she submits 62
a claim to an insurer. 63
2. If an insurer pays a claim that was submitted under 64
this subsection to a landlord and the insurer has subrogation 65
rights, the insurer may, within 1 year a fter the tenancy that 66
was the subject of the claim ends, seek reimbursement from the 67
tenant for the amounts that were paid to the landlord. If the 68
insurer seeks reimbursement from the tenant, the following 69
apply: 70
a. The insurer must provide the tenant wi th all 71
documentation for losses that the landlord provided to the 72
insurer in support of the landlord's claim and a copy of the 73
settlement statement documenting the insurer's payment of the 74
landlord's claim. 75
HB 133 2023
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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
b. The tenant has any defenses against the insu rer which 76
the insurer would otherwise have against the landlord. 77
3. A landlord may not accept payment from both a tenant 78
and an insurer for amounts associated with the same rent, fees, 79
or damages. 80
(3) If a landlord offers a tenant the option to pay a f ee 81
in lieu of a security deposit, the landlord must notify the 82
tenant in writing of all of the following: 83
(a) That the tenant has the option to pay a security 84
deposit instead of the fee. 85
(b) That the tenant may, at any time, terminate the 86
written agreement to pay the fee in lieu of the security deposit 87
and instead pay a security deposit in the amount that is 88
specified in the rental agreement. 89
(c) Whether any additional charges apply for the options 90
provided in paragraphs (a) and (b). 91
(d) The amount of the payments required for each option 92
the landlord offers. 93
(e) That the fee is nonrefundable, if applicable. 94
(f) That the fee is only for securing occupancy without 95
paying a required security deposit. 96
(g) That the fee payment does not limit or change the 97
tenant's obligation to pay rent and fees, if any, under the 98
rental agreement or limit or change the tenant's obligation to 99
pay the costs of repairing damage to the premises beyond normal 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
wear and tear. 101
(h) That if the landlord use s any portion of the fee to 102
purchase insurance, the tenant is not insured and is not a 103
beneficiary of the landlord's insurance coverage, and that the 104
insurance does not limit or change the tenant's obligations to 105
pay rent and fees, if any, under the rental agreement or change 106
the tenant's obligation to pay the costs of repairing damage to 107
the premises beyond normal wear and tear. 108
(4)(a) If a tenant decides to pay a fee in lieu of a 109
security deposit, a written agreement to collect the fee must be 110
signed by the landlord, or the landlord's agent, and the tenant. 111
The written agreement may not contain any clause that violates 112
s. 83.45 or s. 83.47. The written agreement must, at a minimum, 113
specify all of the following: 114
1. The amount of the fee. 115
2. How and when the fee is to be collected. 116
3. The process and timeframe in which a tenant must pay 117
the security deposit specified in the rental agreement if the 118
tenant defaults on the fee. 119
4. That the written agreement may be terminated at any 120
time as long as the tenant pays the amount of the security 121
deposit specified in the rental agreement. 122
5. If the tenant pays the amount of the security deposit 123
specified in the rental agreement, then the tenant's default on 124
paying the fee or termination of the written agreem ent may not 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
adversely impact the tenant's credit report. 126
(b) The written agreement specified under paragraph (a) 127
must also include a disclosure in substantially the following 128
form: 129
130
FEE IN LIEU OF SECURITY DEPOSIT 131
THIS AGREEMENT HAS BEEN ENTERED INTO VO LUNTARILY BY BOTH PARTIES 132
AND THE TENANT AGREES TO PAY THE LANDLORD A FEE IN LIEU OF A 133
SECURITY DEPOSIT AS AUTHORIZED UNDER SECTION 83.491, FLORIDA 134
STATUTES. THIS FEE IS NOT A SECURITY DEPOSIT AND PAYMENT OF THE 135
FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIG ATIONS UNDER THE 136
RENTAL AGREEMENT, INCLUDING THE OBLIGATION TO PAY RENT AS IT 137
BECOMES DUE AND ANY COSTS AND DAMAGES BEYOND NORMAL WEAR AND 138
TEAR THAT THE TENANT OR HIS OR HER GUESTS MAY CAUSE. IF THE 139
LANDLORD USES ANY PORTION OF THE TENANT'S FEE TO PURCHASE 140
INSURANCE, THE TENANT IS NOT INSURED AND IS NOT A BENEFICIARY OF 141
SUCH COVERAGE. SUCH INSURANCE DOES NOT LIMIT OR CHANGE THE 142
TENANT'S OBLIGATION TO PAY RENT AND FEES, IF ANY, UNDER THE 143
RENTAL AGREEMENT OR TO PAY THE COSTS AND DAMAGES BEYOND NORMAL 144
WEAR AND TEAR THAT THE TENANT OR HIS OR HER GUESTS MAY CAUSE. 145
THE TENANT MAY TERMINATE THIS AGREEMENT AT ANY TIME AND STOP 146
PAYING THE FEE AND INSTEAD PAY A SECURITY DEPOSIT AS PROVIDED IN 147
SECTION 83.491, FLORIDA STATUTES. 148
149
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 150
HB 133 2023
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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
FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 151
OBLIGATIONS. 152
153
(5) A fee in lieu of a security deposit may be: 154
(a) A recurring monthly fee, payable on the same date that 155
the rent payment is due under the rental agreement; or 156
(b) Payable upon a schedule that the landlord and tenant 157
choose and as specified in the written agreement. 158
(6) A fee collected under this section, or an insurance 159
product or a surety bond accepted, by a landlord in lieu of a 160
security deposit is not a security deposit as defined in s. 161
83.43(12). 162
(7) A landlord has exclusive discretion as to whether to 163
offer tenants the option to pay a fee in lieu of a security 164
deposit and is not required to offer such fee option to tenants. 165
However, if a landlord offe rs a tenant an option to pay a fee in 166
lieu of a security deposit, the landlord may not use a 167
prospective tenant's choice to pay, or offer to pay, a fee in 168
lieu of a security deposit as criteria in the determination to 169
approve or deny an application for occ upancy, and the landlord 170
must also offer all new tenants renting a dwelling unit on the 171
same premises the option to pay a fee in lieu of a security 172
deposit, unless the landlord chooses to prospectively terminate 173
the fee option for all new rental agreements . 174
(8)(a) This section does not: 175
HB 133 2023
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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
1. Require a fee collected in lieu of a security deposit 176
to be used to purchase an insurance product or surety bond; or 177
2. Prohibit a tenant from being offered or sold an 178
insurance product or a surety bond to present t o the landlord in 179
lieu of a security deposit if the offer or sale of such 180
insurance product or surety bond complies with the laws of this 181
state. 182
(b) Acceptance by a landlord of an insurance product or a 183
surety bond that is purchased or procured by a tenant, a 184
landlord, or an agent of the landlord may not be considered an 185
offer on the part of the landlord to allow a tenant to pay a fee 186
in lieu of a security deposit for the purposes of subsection 187
(7). 188
(9) This section applies to rental agreements entered into 189
or renewed on or after July 1, 2023. 190
Section 2. This act shall take effect July 1, 2023. 191