Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 884
       
       
       
       
       
       
                                Ì564668XÎ564668                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/02/2022           .                                
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       The Committee on Community Affairs (Boyd) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 72 - 82
    4  and insert:
    5         (5) A fee collected under this section, an insurance
    6  product, or a surety bond accepted by a landlord in lieu of a
    7  security deposit is not a security deposit as defined in s.
    8  83.43(12).
    9         (6) A landlord has exclusive discretion as to whether to
   10  offer tenants the option to pay a fee in lieu of a security
   11  deposit and is not required to offer such fee option to tenants.
   12  However, if a landlord offers a tenant an option to pay a fee in
   13  lieu of a security deposit, the landlord must also offer all new
   14  tenants renting a dwelling unit on the same premises the option
   15  to pay a fee in lieu of a security deposit, unless the landlord
   16  chooses to prospectively terminate the fee option for all new
   17  leases.
   18         (7) This section does not prohibit a tenant from being
   19  offered or sold an insurance product or a surety bond to present
   20  to the landlord in lieu of a security deposit if the offer or
   21  sale of such insurance product or surety bond complies with the
   22  laws of this state. Acceptance by a landlord of an insurance
   23  product or a surety bond that is purchased or procured by a
   24  tenant, a landlord, or an agent of the landlord may not be
   25  considered an offer on the part of the landlord to allow a
   26  tenant to pay a fee in lieu of a security deposit for the
   27  purposes of subsection (6).
   28         (8) This section applies to rental agreements entered into
   29  
   30  ================= T I T L E  A M E N D M E N T ================
   31  And the title is amended as follows:
   32         Delete lines 12 - 18
   33  and insert:
   34         specifying that certain fees, insurance products, and
   35         surety bonds are not security deposits; specifying
   36         that landlords have exclusive discretion as to whether
   37         to offer tenants the option to pay a fee in lieu of a
   38         security deposit; requiring that landlords who offer a
   39         tenant the fee option offer such option to all new
   40         tenants renting a dwelling unit on the same premises,
   41         except in certain circumstances; providing an
   42         exception; providing construction; providing