Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 494
       
       
       
       
       
       
                                Ì265900}Î265900                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/07/2023           .                                
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       The Committee on Judiciary (DiCeglie) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 75 - 156
    4  and insert:
    5  which the tenant would otherwise have against the landlord.
    6         3. A landlord may not accept payment from both a tenant and
    7  an insurer for amounts associated with the same rent, fees, or
    8  damages.
    9         (3) If a landlord offers a tenant the option to pay a fee
   10  in lieu of a security deposit, the landlord must notify the
   11  tenant in writing of all of the following:
   12         (a) That the tenant has the option to pay a security
   13  deposit instead of the fee at any time.
   14         (b) That the tenant may, at any time, terminate the
   15  agreement to pay the fee in lieu of the security deposit and
   16  instead pay a security deposit as listed in a rental agreement
   17  between landlord and tenant or, if a security deposit was not
   18  agreed upon in a rental agreement between the landlord and
   19  tenant, in the amount that is otherwise offered to new tenants
   20  for a substantially similar dwelling unit on the date that the
   21  tenant terminates the agreement.
   22         (c) Whether any additional charges apply for the options
   23  provided in paragraphs (a) and (b).
   24         (d) The amount of the payments required for each option the
   25  landlord offers.
   26         (e) That the fee is nonrefundable, if applicable.
   27         (f) That the fee is only for securing occupancy without
   28  paying a required security deposit.
   29         (g) That the fee payment does not limit or change the
   30  tenant’s obligation to pay rent and fees, if any, under the
   31  rental agreement or limit or change the tenant’s obligation to
   32  pay the costs of repairing damage to the premises beyond normal
   33  wear and tear.
   34         (h) That if the landlord uses any portion of the fee to
   35  purchase insurance, the tenant is not insured and is not a
   36  beneficiary of the landlord’s insurance coverage, and that the
   37  insurance does not limit or change the tenant’s obligations to
   38  pay rent and fees under the rental agreement or change the
   39  tenant’s obligation to pay the costs of repairing damage to the
   40  premises beyond normal wear and tear.
   41         (4)(a) If a tenant decides to pay a fee in lieu of a
   42  security deposit, a written agreement to collect the fee must be
   43  signed by the landlord, or the landlord’s agent, and the tenant.
   44  The written agreement may not contain any clause that
   45  contradicts s. 83.45 or s. 83.47. The written agreement must, at
   46  a minimum, specify all of the following:
   47         1. The amount of the fee, which may not be increased during
   48  the term of the rental agreement.
   49         2. How and when the fee is to be collected.
   50         3. The process and timeframe during which a tenant must pay
   51  the security deposit specified in the rental agreement if the
   52  tenant defaults on paying the fee, and that such default will
   53  not adversely affect the tenant’s credit rating if the security
   54  deposit is timely paid.
   55         4. That the written agreement may be terminated at any time
   56  as long as the tenant pays the amount of the security deposit
   57  specified in the rental agreement.
   58         5. If the tenant pays the amount of the security deposit
   59  specified in the rental agreement, then the tenant’s default on
   60  paying the fee or termination of the written agreement may not
   61  adversely impact the tenant’s credit report.
   62         (b) The written agreement specified under paragraph (a)
   63  must also include a disclosure in substantially the following
   64  form:
   65  
   66                   FEE IN LIEU OF SECURITY DEPOSIT                 
   67  
   68         THIS FEE IS NOT A SECURITY DEPOSIT, AND PAYMENT OF THE
   69         FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIGATIONS
   70         UNDER THE RENTAL AGREEMENT, INCLUDING THE OBLIGATION
   71         TO PAY RENT AS IT BECOMES DUE AND ANY COSTS AND
   72         DAMAGES BEYOND NORMAL WEAR AND TEAR WHICH THE TENANT
   73         OR HIS OR HER GUESTS MAY CAUSE.
   74  
   75         THE TENANT MAY TERMINATE THIS AGREEMENT AT ANY TIME
   76         AND STOP PAYING THE FEE AND INSTEAD PAY THE SECURITY
   77         DEPOSIT AS PROVIDED IN SECTION 83.491, FLORIDA
   78         STATUTES.
   79  
   80         THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY
   81         BOTH PARTIES, AND THE TENANT AGREES TO PAY THE
   82         LANDLORD A FEE IN LIEU OF A SECURITY DEPOSIT AS
   83         AUTHORIZED UNDER SECTION 83.491, FLORIDA STATUTES. IF
   84         THE LANDLORD USES ANY PORTION OF THE TENANT’S FEE TO
   85         PURCHASE INSURANCE, THE TENANT IS NOT INSURED AND IS
   86         NOT A BENEFICIARY OF SUCH COVERAGE, AND THE INSURANCE
   87         DOES NOT CHANGE THE TENANT’S FINANCIAL OBLIGATIONS
   88         UNDER THE RENTAL AGREEMENT.