Senate Bill sb0838c1

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    Florida Senate - 2001                            CS for SB 838

    By the Committee on Judiciary and Senator Saunders





    308-1506-01

  1                      A bill to be entitled

  2         An act relating to landlord and tenant;

  3         amending s. 83.49, F.S.; increasing the time

  4         period within which a landlord must return a

  5         security deposit; amending s. 83.67, F.S.;

  6         exempting certain landlords from a requirement

  7         to give notice to former tenants regarding

  8         personal property; amending s. 475.011, F.S.;

  9         providing an exemption from the real estate

10         brokers and salespersons regulatory law;

11         amending ss. 715.105, 715.106, 715.109, F.S.;

12         increasing the value of abandoned personal

13         property that may be kept, sold, or destroyed

14         by a landlord; conforming notice provisions;

15         providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Subsection (3) of section 83.49, Florida

20  Statutes, is amended to read:

21         83.49  Deposit money or advance rent; duty of landlord

22  and tenant.--

23         (3)(a)  Upon the vacating of the premises for

24  termination of the lease, the landlord shall have 30 15 days

25  to return the security deposit together with interest if

26  otherwise required, or in which to give the tenant written

27  notice by certified mail to the tenant's last known mailing

28  address of his or her intention to impose a claim on the

29  deposit and the reason for imposing the claim.  The notice

30  shall contain a statement in substantially the following form:

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    Florida Senate - 2001                            CS for SB 838
    308-1506-01




  1         This is a notice of my intention to impose a claim for

  2  damages in the amount of .... upon your security deposit, due

  3  to ..... It is sent to you as required by s. 83.49(3), Florida

  4  Statutes. You are hereby notified that you must object in

  5  writing to this deduction from your security deposit within 15

  6  days from the time you receive this notice or I will be

  7  authorized to deduct my claim from your security deposit.

  8  Your objection must be sent to ...(landlord's address)....

  9

10  If the landlord fails to give the required notice within the

11  30-day 15-day period, he or she forfeits the right to impose a

12  claim upon the security deposit.

13         (b)  Unless the tenant objects to the imposition of the

14  landlord's claim or the amount thereof within 15 days after

15  receipt of the landlord's notice of intention to impose a

16  claim, the landlord may then deduct the amount of his or her

17  claim and shall remit the balance of the deposit to the tenant

18  within 30 days after the date of the notice of intention to

19  impose a claim for damages.

20         (c)  If either party institutes an action in a court of

21  competent jurisdiction to adjudicate the party's right to the

22  security deposit, the prevailing party is entitled to receive

23  his or her court costs plus a reasonable fee for his or her

24  attorney.  The court shall advance the cause on the calendar.

25         (d)  Compliance with this section by an individual or

26  business entity authorized to conduct business in this state,

27  including Florida-licensed real estate brokers and

28  salespersons, shall constitute compliance with all other

29  relevant Florida Statutes pertaining to security deposits held

30  pursuant to a rental agreement or other landlord-tenant

31  relationship.  Enforcement personnel shall look solely to this

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    Florida Senate - 2001                            CS for SB 838
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  1  section to determine compliance.  This section prevails over

  2  any conflicting provisions in chapter 475 and in other

  3  sections of the Florida Statutes, and shall operate to permit

  4  licensed real estate brokers to disburse security deposits and

  5  deposit money without having to comply with the notice and

  6  settlement procedures contained in s. 475.25(1)(d).

  7         Section 2.  Subsection (3) of section 83.67, Florida

  8  Statutes, is amended to read:

  9         83.67  Prohibited practices.--

10         (3)  No landlord of any dwelling unit governed by this

11  part shall remove the outside doors, locks, roof, walls, or

12  windows of the unit except for purposes of maintenance,

13  repair, or replacement; nor shall the landlord remove the

14  tenant's personal property from the dwelling unit unless said

15  action is taken after surrender, abandonment, or a lawful

16  eviction.  If provided in the rental agreement or a written

17  agreement separate from the rental agreement, upon surrender

18  or abandonment by the tenant, the landlord is not required to

19  comply with s. 715.104 and is shall not be liable or

20  responsible for storage or disposition of the tenant's

21  personal property; if provided in the rental agreement there

22  must shall be printed or clearly stamped on such rental

23  agreement a legend in substantially the following form:

24

25  BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON

26  SURRENDER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES,

27  THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR

28  DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

29

30  For the purposes of this section, abandonment shall be as set

31  forth in s. 83.59(3)(c).

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    Florida Senate - 2001                            CS for SB 838
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  1         Section 3.  Subsection (13) is added to section

  2  475.011, Florida Statutes, to read:

  3         475.011  Exemptions.--This part does not apply to:

  4         (13)  Any property management firm or any property

  5  owner of an apartment community paying a finder's fee or

  6  referral fee to an unlicensed person who is a tenant in or an

  7  employee of that apartment complex or property management firm

  8  as long as the value of the finder's fee or referral fee does

  9  not exceed $50 per transaction. This section does not permit

10  an unlicensed person to advertise or otherwise promote the

11  person's services in procuring or assisting to procure

12  prospective lessors or tenants of apartment units. For the

13  purposes of this subsection, the phrase, "finder's fee or

14  referral fee" means a fee paid, rent credit, or something of

15  value given to a person for introducing or arranging an

16  introduction between the parties to a transaction involving

17  the rental of an apartment unit.

18         Section 4.  Section 715.105, Florida Statutes, is

19  amended to read:

20         715.105  Form of notice to former tenant.--

21         (1)  A notice to the former tenant which is in

22  substantially the following form satisfies the requirements of

23  s. 715.104:

24

25         Notice of Right to Reclaim Abandoned Property

26         To:  ...(Name of former tenant)...

27    ...(Address of former tenant)...

28         When you vacated the premises at ...(address of

29  premises, including room or apartment number, if any)..., the

30  following personal property remained:  ...(insert description

31  of personal property)....

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    Florida Senate - 2001                            CS for SB 838
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  1         You may claim this property at ...(address where

  2  property may be claimed)....

  3         Unless you pay the reasonable costs of storage and

  4  advertising, if any, for all the above-described property and

  5  take possession of the property which you claim, not later

  6  than ...(insert date not fewer than 10 days after notice is

  7  personally delivered or, if mailed, not fewer than 15 days

  8  after notice is deposited in the mail)..., this property may

  9  be disposed of pursuant to s. 715.109.

10         (Insert here the statement required by subsection (2))

11         Dated:....                ...(Signature of landlord)...

12         ...(Type or print name of landlord)...

13         ...(Telephone number)...

14         ...(Address)...

15

16         (2)  The notice set forth in subsection (1) shall also

17  contain one of the following statements:

18         (a)  "If you fail to reclaim the property, it will be

19  sold at a public sale after notice of the sale has been given

20  by publication.  You have the right to bid on the property at

21  this sale.  After the property is sold and the costs of

22  storage, advertising, and sale are deducted, the remaining

23  money will be paid over to the county.  You may claim the

24  remaining money at any time within 1 year after the county

25  receives the money."

26         (b)  "Because this property is believed to be worth

27  less than $500 $250, it may be kept, sold, or destroyed

28  without further notice if you fail to reclaim it within the

29  time indicated above."

30         Section 5.  Section 715.106, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2001                            CS for SB 838
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  1         715.106  Form of notice to owner other than former

  2  tenant.--

  3         (1)  A notice which is in substantially the following

  4  form given to a person who is not the former tenant and whom

  5  the landlord reasonably believes to be the owner of any of the

  6  abandoned personal property satisfies the requirements of s.

  7  715.104:

  8

  9         Notice of Right to Reclaim Abandoned Property

10         To:  ...(Name)...

11    ...(Address)...

12         When ...(name of former tenant)... vacated the premises

13  at ...(address of premises, including room or apartment

14  number, if any)..., the following personal property remained:

15  ...(insert description of personal property)....

16         If you own any of this property, you may claim it at

17  ...(address where property may be claimed)....  Unless you pay

18  the reasonable costs of storage and advertising, if any, and

19  take possession of the property to which you are entitled, not

20  later than ...(insert date not fewer than 10 days after notice

21  is personally delivered or, if mailed, not fewer than 15 days

22  after notice is deposited in the mail)..., this property may

23  be disposed of pursuant to s. 715.109.

24         (Insert here the statement required by subsection (2))

25         Dated:....                ...(Signature of landlord)...

26         ...(Type or print name of landlord)...

27         ...(Telephone number)...

28         ...(Address)...

29

30         (2)  The notice set forth in subsection (1) shall also

31  contain one of the following statements:

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    Florida Senate - 2001                            CS for SB 838
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  1         (a)  "If you fail to reclaim the property, it will be

  2  sold at a public sale after notice of the sale has been given

  3  by publication.  You have the right to bid on the property at

  4  this sale.  After the property is sold and the costs of

  5  storage, advertising, and sale are deducted, the remaining

  6  money will be paid over to the county.  You may claim the

  7  remaining money at any time within 1 year after the county

  8  receives the money."

  9         (b)  "Because this property is believed to be worth

10  less than $500 $250, it may be kept, sold, or destroyed

11  without further notice if you fail to reclaim it within the

12  time indicated above."

13         Section 6.  Subsection (1) of section 715.109, Florida

14  Statutes, is amended to read:

15         715.109  Sale or disposition of abandoned property.--

16         (1)  If the personal property described in the notice

17  is not released pursuant to s. 715.108, it shall be sold at

18  public sale by competitive bidding.  However, if the landlord

19  reasonably believes that the total resale value of the

20  property not released is less than $500 $250, she or he may

21  retain such property for her or his own use or dispose of it

22  in any manner she or he chooses.  Nothing in this section

23  shall be construed to preclude the landlord or tenant from

24  bidding on the property at the public sale.  The successful

25  bidder's title is subject to ownership rights, liens, and

26  security interests which have priority by law.

27         Section 7.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                            CS for SB 838
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 838

  3

  4  Adds an exemption to s. 475.011, F.S., which pertains to
    activities not deemed to be the unlicensed practice of real
  5  estate brokering or selling, to allow apartment complex
    residents, and apartment complex or property management
  6  company employees, to receive referral fees from property
    management firms or apartment owners not to exceed $50 per
  7  transaction for the referral of new residents to an apartment
    complex.
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