Florida 2024 Regular Session

Florida House Bill H1305 Compare Versions

Version 1 (Old)

Version 2 (New)

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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to residential tenancies; amending s. 2
16	16		83.43, F.S.; defining the term "Florida financial 3
17	17		institution"; amending ss. 83.49, 83.491, and 553.895, 4
18	18		F.S.; conforming provisions and cross -references to 5
19	19		changes made by the act; providing an effective date. 6
20	20		7
21	21		Be It Enacted by the Legislature of the State of Florida: 8
22	22		9
23	23		Section 1. Subsections (7) through (17) of section 83.43, 10
24	24		Florida Statutes, are re numbered as subsections (8) through 11
25	25		(18), respectively, and a new subsection (7) is added to that 12
26	26		section to read: 13
27	27		83.43 Definitions.—As used in this part, the following 14
28	28		words and terms shall have the following meanings unless some 15
29	29		other meaning is plain ly indicated: 16
30	30		(7) "Florida financial institution" means a bank, credit 17
31	31		union, trust company, savings bank, or savings or thrift 18
32	32		association doing business under the authority of a charter 19
33	33		issued by the United States, this state, or any other state 20
34	34		which is authorized to transact business in this state and whose 21
35	35		deposits or share accounts are insured by the Federal Deposit 22
36	36		Insurance Corporation or the National Credit Union Share 23
37	37		Insurance Fund. 24
38	38		Section 2. Paragraphs (a) and (b) of subsection (1) of 25
39		-	~~ENROLLED~~
40		-	CS/HB 1305 2024 ~~Legislature~~
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	40	+	CS/HB 1305 2024
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51	51		section 83.49, Florida Statutes, are amended to read: 26
52	52		83.49 Deposit money or advance rent; duty of landlord and 27
53	53		tenant.— 28
54	54		(1) Whenever money is deposited or advanced by a tenant on 29
55	55		a rental agreement as security for performance of the rental 30
56	56		agreement or as advance rent for other than the next immediate 31
57	57		rental period, the landlord or the landlord's agent shall 32
58	58		either: 33
59	59		(a) Hold the total amount of such money in a separate non -34
60	60		interest-bearing account in a Florida financial banking 35
61	61		institution for the benef it of the tenant or tenants. The 36
62	62		landlord shall not commingle such moneys with any other funds of 37
63	63		the landlord or hypothecate, pledge, or in any other way make 38
64	64		use of such moneys until such moneys are actually due the 39
65	65		landlord; 40
66	66		(b) Hold the total amount of such money in a separate 41
67	67		interest-bearing account in a Florida financial banking 42
68	68		institution for the benefit of the tenant or tenants, in which 43
69	69		case the tenant shall receive and collect interest in an amount 44
70	70		of at least 75 percent of the annualized aver age interest rate 45
71	71		payable on such account or interest at the rate of 5 percent per 46
72	72		year, simple interest, whichever the landlord elects. The 47
73	73		landlord shall not commingle such moneys with any other funds of 48
74	74		the landlord or hypothecate, pledge, or in any oth er way make 49
75	75		use of such moneys until such moneys are actually due the 50
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88	88		landlord; or 51
89	89		Section 3. Subsection (6) of section 83.491, Florida 52
90	90		Statutes, is amended to read: 53
91	91		83.491 Fee in lieu of security deposit. — 54
92	92		(6) A fee collected under this section, o r an insurance 55
93	93		product or a surety bond accepted, by a landlord in lieu of a 56
94	94		security deposit is not a security deposit as defined in s. 57
95	95		83.43(13) s. 83.43(12). 58
96	96		Section 4. Subsection (1) of section 553.895, Florida 59
97	97		Statutes, is amended to read: 60
98	98		553.895 Firesafety.— 61
99	99		(1) Any transient public lodging establishment, as defined 62
100	100		in chapter 509 and used primarily for transient occupancy as 63
101	101		defined in s. 83.43(18) s. 83.43(17), or any timeshare unit of a 64
102	102		timeshare plan as defined in chapters 718 and 721, which is of 65
103	103		three stories or more and for which the construction contract 66
104	104		has been let after September 30, 1983, with interior corridors 67
105	105		which do not have direct access from th e guest area to exterior 68
106	106		means of egress and on buildings over 75 feet in height that 69
107	107		have direct access from the guest area to exterior means of 70
108	108		egress and for which the construction contract has been let 71
109	109		after September 30, 1983, shall be equipped with a n automatic 72
110	110		sprinkler system installed in compliance with the provisions 73
111	111		prescribed in the National Fire Protection Association 74
112	112		publication NFPA No. 13 (1985), "Standards for the Installation 75
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125	125		of Sprinkler Systems." Each guest room and each timeshare unit 76
126	126		shall be equipped with an approved listed single -station smoke 77
127	127		detector meeting the minimum requirements of NFPA 74 (1984) 78
128	128		"Standards for the Installation, Maintenance and Use of 79
129	129		Household Fire Warning Equipment," powered from the building 80
130	130		electrical service, notwithstanding the number of stories in the 81
131	131		structure, if the contract for construction is let after 82
132	132		September 30, 1983. Single -station smoke detectors shall not be 83
133	133		required when guest rooms or timeshare units contain smoke 84
134	134		detectors connected to a cen tral alarm system which also alarms 85
135	135		locally. 86
136	136		Section 5. This act shall take effect upon becoming a law. 87