CS/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
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; prohibiting the 17
written agreement from contradicting specified laws; 18
requiring that the written agreement contain certain 19
information; requiring a specified disclosure in the 20
written agreement; providing options for p aying 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
CS/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
security deposit; prohibiti ng 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 a 42
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 if there are any costs 46
or fees due resulting from unpaid rent, 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
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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 to an insurer to 51
recover the landlord's losses associated with unpaid rent, fees, 52
or other obligations under the rental agreement, includ ing, 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 report of any 61
communication of objection by the tenant when the landlord 62
submits a claim to an in surer. 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 after the tenancy that 66
was the subject of the claim ends, seek reimbursement from the 67
tenant for the amounts paid to the landlord. If the insurer 68
seeks reimbursement from the tenant, the following apply: 69
a. The insurer must provide the tenant with all 70
documentation for losses which the landlord provided to the 71
insurer in support of the landlor d's claim and a copy of the 72
settlement statement documenting the insurer's payment of the 73
landlord's claim. 74
b. The tenant retains any defenses against the insurer 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
which the tenant would otherwise have against the landlord. 76
3. A landlord may not accept payment from both a tenant 77
and an insurer for amounts associated with the same rent, fees, 78
or damages. 79
(3) If a landlord offers a tenant the option to pay a fee 80
in lieu of a security deposit, the landlord must notify the 81
tenant in writing of all of the f ollowing: 82
(a) That the tenant has the option to pay a security 83
deposit instead of the fee at any time. 84
(b) That the tenant may, at any time, terminate the 85
agreement to pay the fee in lieu of the security deposit and 86
instead pay a security deposit as li sted in a rental agreement 87
between the landlord and tenant or, if a security deposit was 88
not agreed upon in a rental agreement between the landlord and 89
tenant, in the amount that is otherwise offered to new tenants 90
for a substantially similar dwelling unit on the date that the 91
tenant terminates the agreement. 92
(c) Whether any additional charges apply for the options 93
provided in paragraphs (a) and (b). 94
(d) The amount of the payments required for each option 95
the landlord offers. 96
(e) That the fee is nonrefundable, if applicable. 97
(f) That the fee is only for securing occupancy without 98
paying a required security deposit. 99
(g) That the fee payment does not limit or change the 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
tenant's obligation to pay rent and fees, if any, under the 101
rental agreement or limit or change the tenant's obligation to 102
pay the costs of repairing damage to the premises beyond normal 103
wear and tear. 104
(h) That if the landlord uses any portion of the fee to 105
purchase insurance, the tenant is not insured and is not a 106
beneficiary of the landlord's insurance coverage, and that the 107
insurance does not limit or change the tenant's obligations to 108
pay rent and fees under the rental agreement or change the 109
tenant's obligation to pay the costs of repairing damage to the 110
premises beyond norm al wear and tear. 111
(4)(a) If a tenant decides to pay a fee in lieu of a 112
security deposit, a written agreement to collect the fee must be 113
signed by the landlord, or the landlord's agent, and the tenant. 114
The written agreement may not contain any clause that 115
contradicts s. 83.45 or s. 83.47. The written agreement must, at 116
a minimum, specify all of the following: 117
1. The amount of the fee, which may not be increased 118
during the term of the rental agreement. 119
2. How and when the fee is to be collected. 120
3. The process and timeframe during which a tenant must 121
pay the security deposit specified in the rental agreement if 122
the tenant defaults on paying the fee, and that such default 123
will not adversely affect the tenant's credit rating if the 124
security deposit is ti mely paid. 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
4. That the written agreement may be terminated at any 126
time as long as the tenant pays the amount of the security 127
deposit specified in the rental agreement. 128
5. If the tenant pays the amount of the security deposit 129
specified in the rental agr eement, then the tenant's default on 130
paying the fee or termination of the written agreement may not 131
adversely impact the tenant's credit report. 132
(b) The written agreement specified under paragraph (a) 133
must also include a disclosure in substantially the f ollowing 134
form: 135
136
FEE IN LIEU OF SECURITY DEPOSIT 137
138
THIS FEE IS NOT A SECURITY DEPOSIT AND PAYMENT OF THE 139
FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIGATIONS 140
UNDER THE RENTAL AGREEMENT, INCLUDING THE OBLIGATION 141
TO PAY RENT AS IT BECOMES DUE AND ANY COSTS AND 142
DAMAGES BEYOND NORMAL WEAR AND TEAR WHICH THE TENANT 143
OR HIS OR HER GUESTS MAY CAUSE. 144
145
THE TENANT MAY TERMINATE THIS AGREEMENT AT ANY TIME 146
AND STOP PAYING THE FEE AND INSTEAD PAY THE SECURITY 147
DEPOSIT AS PROVIDED IN SECTION 83.491, FLORIDA 148
STATUTES. 149
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
THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY 151
BOTH PARTIES AND THE TENANT AGREES TO PAY THE LANDLORD 152
A FEE IN LIEU OF A SECURITY DEPOSIT AS AUTHORIZED 153
UNDER SECTION 83.491, FLORIDA STATUTES. IF THE 154
LANDLORD USES ANY PORTION OF THE TENANT'S FEE TO 155
PURCHASE INSURANCE, THE TENANT IS NOT INSURED AND IS 156
NOT A BENEFICIARY OF SUCH COVERAGE, AND THE INSURANCE 157
DOES NOT CHANGE THE TENANT'S FINANCIAL OBLIGATIONS 158
UNDER THE RENTAL AGREEMENT. 159
160
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF 161
CHAPTER 83, FLORIDA STATUT ES, TO DETERMINE YOUR LEGAL 162
RIGHTS AND OBLIGATIONS. 163
164
(5) A fee in lieu of a security deposit may be: 165
(a) A recurring monthly fee, payable on the same date that 166
the rent payment is due under the rental agreement; or 167
(b) Payable upon a schedule that the landlord and tenant 168
choose and as specified in the written agreement. 169
(6) A fee collected under this section, or an insurance 170
product or a surety bond accepted, by a landlord in lieu of a 171
security deposit is not a security deposit as defined in s. 172
83.43(12). 173
(7) A landlord has exclusive discretion as to whether to 174
offer tenants the option to pay a fee in lieu of a security 175
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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
deposit and is not required to offer such fee option to tenants. 176
However, if a landlord offers a tenant an option to pay a fee i n 177
lieu of a security deposit, the landlord may not use a 178
prospective tenant's choice to pay, or offer to pay, a fee in 179
lieu of a security deposit as criteria in the determination to 180
approve or deny an application for occupancy, and the landlord 181
must also offer all new tenants renting a dwelling unit on the 182
same premises the option to pay a fee in lieu of a security 183
deposit, unless the landlord chooses to prospectively terminate 184
the fee option for all new rental agreements. 185
(8)(a) This section does not: 186
1. Require a fee collected in lieu of a security deposit 187
to be used to purchase an insurance product or a surety bond; or 188
2. Prohibit a tenant from being offered or sold an 189
insurance product or a surety bond to present to the landlord in 190
lieu of a security deposit if the offer or sale of such 191
insurance product or surety bond complies with the laws of this 192
state. 193
(b) Acceptance by a landlord of an insurance product or a 194
surety bond that is purchased or procured by a tenant, a 195
landlord, or an agent of the landlord may not be considered an 196
offer on the part of the landlord to allow a tenant to pay a fee 197
in lieu of a security deposit for the purposes of subsection 198
(7). 199
(9) This section applies to rental agreements entered into 200
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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
or renewed on or after July 1 , 2023. 201
Section 2. This act shall take effect July 1, 2023. 202