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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; authorizing a landlord to offer a 5
tenant the option to pay the security deposit in a 6
specified manner; requiring the landlord to notify the 7
tenant of certain unpaid fees and costs within a 8
specified time after the conclusion of the tenancy; 9
prohibiting the landlord from filing an insurance 10
claim within a specified period of time; prov iding 11
requirements for the landlord and insurer if an 12
insurance claim to recover certain losses is filed; 13
prohibiting the landlord from accepting certain 14
payments; requiring the landlord to provide certain 15
written notice to the tenant; requiring a written 16
agreement signed by the landlord, or the landlord's 17
agent, and the tenant if the tenant decides to pay a 18
fee in lieu of the security deposit; prohibiting the 19
written agreement from contradicting specified laws; 20
requiring that the written agreement contain certain 21
information; requiring a specified disclosure in the 22
written agreement; providing options for paying the 23
fee; specifying that certain fees, insurance products, 24
and surety bonds are not security deposits; specifying 25
CS/HB 133, Engrossed 1 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
that landlords have exclusive dis cretion as to whether 26
to offer tenants the option to pay a fee in lieu of a 27
security deposit; prohibiting a landlord from 28
approving or denying an application for occupancy 29
based on a prospective tenant's choice to pay a fee in 30
lieu of a security deposit; r equiring that landlords 31
who offer a tenant the fee option offer such option to 32
all new tenants renting a dwelling unit on the same 33
premises; providing an exception; providing 34
construction; providing applicability; providing an 35
effective date. 36
37
Be It Enacted by the Legislature of the State of Florida: 38
39
Section 1. Section 83.491, Florida Statutes, is created to 40
read: 41
83.491 Fee in lieu of security deposit. — 42
(1)(a) If a rental agreement requires a security deposit, 43
a landlord may offer a tenant the option to pay a fee in lieu of 44
a security deposit. 45
(b) A landlord may provide a tenant the option of paying a 46
security deposit in monthly installments in an amount that is 47
agreed upon between the tenant and the landlord while 48
participating in the fee pr ogram. 49
(2)(a) If a tenant agrees to pay a fee in lieu of a 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
security deposit, the landlord must notify the tenant within 30 51
days after the conclusion of the tenancy if there are any costs 52
or fees due resulting from unpaid rent, fees, or other 53
obligations under the rental agreement, including, but not 54
limited to, costs required for repairing damage to the premises 55
beyond normal wear and tear. 56
(b) A landlord may not submit a claim to an insurer to 57
recover the landlord's losses associated with unpaid rent, fees, 58
or other obligations under the rental agreement, including, but 59
not limited to, costs required for repairing damage to the 60
premises beyond normal wear and tear until at least 15 days 61
after providing the tenant with the required notice under 62
paragraph (a). 63
1. The landlord must include an itemized list of any 64
unpaid amounts and the dates such amounts were due, 65
documentation supporting any itemized damages and costs of 66
repairs, and a copy of any written objection or report of any 67
communication of objec tion by the tenant when the landlord 68
submits a claim to an insurer. 69
2. If an insurer pays a claim that was submitted under 70
this subsection to a landlord and the insurer has subrogation 71
rights, the insurer may, within 1 year after the tenancy that 72
was the subject of the claim ends, seek reimbursement from the 73
tenant for the amounts paid to the landlord. If the insurer 74
seeks reimbursement from the tenant, the following apply: 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. The insurer must provide the tenant with all 76
documentation for losses which t he landlord provided to the 77
insurer in support of the landlord's claim and a copy of the 78
settlement statement documenting the insurer's payment of the 79
landlord's claim. 80
b. The tenant retains any defenses against the insurer 81
which the tenant would otherwi se have against the landlord. 82
3. A landlord may not accept payment from both a tenant 83
and an insurer for amounts associated with the same rent, fees, 84
or damages. 85
(3) If a landlord offers a tenant the option to pay a fee 86
in lieu of a security deposit, t he landlord must notify the 87
tenant in writing of all of the following: 88
(a) That the tenant has the option to pay a security 89
deposit instead of the fee at any time. 90
(b) That the tenant may, at any time, terminate the 91
agreement to pay the fee in lieu of the security deposit and 92
instead pay a security deposit as listed in a rental agreement 93
between the landlord and tenant or, if a security deposit was 94
not agreed upon in a rental agreement between the landlord and 95
tenant, in the amount that is otherwise offered to new tenants 96
for a substantially similar dwelling unit on the date that the 97
tenant terminates the agreement. 98
(c) That the tenant may choose to pay the securit y deposit 99
in monthly installments in an amount that is agreed upon between 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 landlord and tenant while participating in the fee program. 101
(d) Whether any additional charges apply for the options 102
provided in paragraphs (a) and (b). 103
(e) The amount of th e payments required for each option 104
the landlord offers. 105
(f) That the fee is nonrefundable, if applicable. 106
(g) That the fee is only for securing occupancy without 107
paying a required security deposit. 108
(h) That the fee payment does not limit or change t he 109
tenant's obligation to pay rent and fees, if any, under the 110
rental agreement or limit or change the tenant's obligation to 111
pay the costs of repairing damage to the premises beyond normal 112
wear and tear. 113
(i) That if the landlord uses any portion of the fee to 114
purchase insurance, the tenant is not insured and is not a 115
beneficiary of the landlord's insurance coverage, and that the 116
insurance does not limit or change the tenant's obligations to 117
pay rent and fees under the rental agreement or change the 118
tenant's obligation to pay the costs of repairing damage to the 119
premises beyond normal wear and tear. 120
(4)(a) If a tenant decides to pay a fee in lieu of a 121
security deposit, a written agreement to collect the fee must be 122
signed by the landlord, or the landlord 's agent, and the tenant. 123
The written agreement may not contain any clause that 124
contradicts s. 83.45 or s. 83.47. The written agreement must, at 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
a minimum, specify all of the following: 126
1. The amount of the fee, which may not be increased 127
during the term of the rental agreement. 128
2. How and when the fee is to be collected. 129
3. The process and timeframe during which a tenant must 130
pay the security deposit specified in the rental agreement if 131
the tenant defaults on paying the fee, and that such default 132
will not adversely affect the tenant's credit rating if the 133
security deposit is timely paid. 134
4. That the written agreement may be terminated at any 135
time as long as the tenant pays the amount of the security 136
deposit specified in the rental agreement. 137
5. If the tenant pays the amount of the security deposit 138
specified in the rental agreement, then the tenant's default on 139
paying the fee or termination of the written agreement may not 140
adversely impact the tenant's credit report. 141
(b) The written agreement spec ified under paragraph (a) 142
must also include a disclosure in substantially the following 143
form: 144
145
FEE IN LIEU OF SECURITY DEPOSIT 146
147
THIS FEE IS NOT A SECURITY DEPOSIT AND PAYMENT OF THE 148
FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIGATIONS 149
UNDER THE RENTAL AGREE MENT, INCLUDING THE OBLIGATION 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
TO PAY RENT AS IT BECOMES DUE AND ANY COSTS AND 151
DAMAGES BEYOND NORMAL WEAR AND TEAR WHICH THE TENANT 152
OR HIS OR HER GUESTS MAY CAUSE. 153
154
THE TENANT MAY TERMINATE THIS AGREEMENT AT ANY TIME 155
AND STOP PAYING THE FEE AND INSTEAD PAY THE SECURITY 156
DEPOSIT AS PROVIDED IN SECTION 83.491, FLORIDA 157
STATUTES. 158
159
THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY 160
BOTH PARTIES AND THE TENANT AGREES TO PAY THE LANDLORD 161
A FEE IN LIEU OF A SECURITY DEPOSIT AS AUTHORIZED 162
UNDER SECTION 83.491, FLORI DA STATUTES. IF THE 163
LANDLORD USES ANY PORTION OF THE TENANT'S FEE TO 164
PURCHASE INSURANCE, THE TENANT IS NOT INSURED AND IS 165
NOT A BENEFICIARY OF SUCH COVERAGE, AND THE INSURANCE 166
DOES NOT CHANGE THE TENANT'S FINANCIAL OBLIGATIONS 167
UNDER THE RENTAL AGREEMENT. 168
169
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF 170
CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL 171
RIGHTS AND OBLIGATIONS. 172
173
(5) A fee in lieu of a security deposit may be: 174
(a) A recurring monthly fee, payable on the same date that 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
the rent payment is due under the rental agreement; or 176
(b) Payable upon a schedule that the landlord and tenant 177
choose and as specified in the written agreement. 178
(6) A fee collected under this section, or an insurance 179
product or a surety bond accepted, by a landlor d in lieu of a 180
security deposit is not a security deposit as defined in s. 181
83.43(12). 182
(7) A landlord has exclusive discretion as to whether to 183
offer tenants the option to pay a fee in lieu of a security 184
deposit and is not required to offer such fee optio n to tenants. 185
However, if a landlord offers a tenant an option to pay a fee in 186
lieu of a security deposit, the landlord may not use a 187
prospective tenant's choice to pay, or offer to pay, a fee in 188
lieu of a security deposit as criteria in the determination to 189
approve or deny an application for occupancy, and the landlord 190
must also offer all new tenants renting a dwelling unit on the 191
same premises the option to pay a fee in lieu of a security 192
deposit, unless the landlord chooses to prospectively terminate 193
the fee option for all new rental agreements. 194
(8)(a) This section does not: 195
1. Require a fee collected in lieu of a security deposit 196
to be used to purchase an insurance product or a surety bond; or 197
2. Prohibit a tenant from being offered or sold an 198
insurance product or a surety bond to present to the landlord in 199
lieu of a security deposit if the offer or sale of such 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
insurance product or surety bond complies with the laws of this 201
state. 202
(b) Acceptance by a landlord of an insurance product or a 203
surety bond that is purchased or procured by a tenant, a 204
landlord, or an agent of the landlord may not be considered an 205
offer on the part of the landlord to allow a tenant to pay a fee 206
in lieu of a security deposit for the purposes of subsection 207
(7). 208
(9) This section applies to rental agreements entered into 209
or renewed on or after July 1, 2023. 210
Section 2. This act shall take effect July 1, 2023. 211