Senate Bill 0696
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Florida Senate - 2000 SB 696
By Senator Grant
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1 A bill to be entitled
2 An act relating to landlord and tenant;
3 amending s. 83.49, F.S.; prescribing amount of
4 interest on rental deposits to be paid a
5 tenant; providing for a landlord to retain
6 remaining interest; providing conditions for
7 payment to tenant; providing a condition for
8 posting a surety bond by a landlord; modifying
9 times for returning a security deposit to a
10 tenant; notifying a tenant of his or her rights
11 and objections by a tenant; amending s. 83.67,
12 F.S.; providing that a landlord is not liable
13 for storage or disposition of a tenant's
14 personal property upon eviction if provided in
15 the rental agreement; amending ss. 715.105,
16 715.106, F.S.; increasing the value of
17 abandoned property that may be kept, sold, or
18 destroyed if not reclaimed on the form of
19 notice to a former tenant and the form of
20 notice to an owner other than a former tenant;
21 amending s. 715.109, F.S.; authorizing a
22 landlord to keep for his or her own use
23 abandoned property of less than a specified
24 value; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (1) and paragraphs (a) and (b)
29 of subsection (3) of section 83.49, Florida Statutes, are
30 amended to read:
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1 83.49 Deposit money or advance rent; duty of landlord
2 and tenant.--
3 (1) Whenever money is deposited or advanced by a
4 tenant on a rental agreement as security for performance of
5 the rental agreement or as advance rent for other than the
6 next immediate rental period, the landlord or the landlord's
7 agent shall either:
8 (a) Hold the total amount of such money in a separate
9 non-interest-bearing account in a Florida banking institution
10 for the benefit of the tenant or tenants. The landlord shall
11 not commingle such moneys with any other funds of the landlord
12 or hypothecate, pledge, or in any other way make use of such
13 moneys until such moneys are actually due the landlord;
14 (b) Hold the total amount of such money in a separate
15 interest-bearing account in a Florida banking institution for
16 the benefit of the tenant or tenants, and unless otherwise
17 agreed to in writing, in which case the tenant shall receive
18 and collect interest in an amount of at least 50 75 percent of
19 the accumulated annualized average interest paid rate payable
20 on such account or interest at the rate of 5 percent per year,
21 simple interest, whichever the landlord elects. The landlord
22 may retain the remaining interest. Interest payable to the
23 tenant must be paid upon return of the security deposit. The
24 landlord shall not commingle such moneys with any other funds
25 of the landlord or hypothecate, pledge, or in any other way
26 make use of such moneys until such moneys are actually due the
27 landlord; or
28 (c) Post a surety bond, executed by the landlord as
29 principal and a surety company authorized and licensed to do
30 business in the state as surety, with the clerk of the circuit
31 court in the county in which the dwelling unit is located in
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Florida Senate - 2000 SB 696
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1 the total amount of the security deposits and advance rent he
2 or she holds on behalf of the tenants or $50,000, whichever is
3 less. The bond shall be conditioned upon the faithful
4 compliance of the landlord with the provisions of this section
5 and shall run to the Governor for the benefit of any tenant
6 injured by the landlord's violation of the provisions of this
7 section unless otherwise agreed to in writing. In addition to
8 posting the surety bond, the landlord shall pay to the tenant
9 interest at the rate of 5 percent per year, simple interest.
10 A landlord, or the landlord's agent, engaged in the renting of
11 dwelling units in five or more counties, who holds deposit
12 moneys or advance rent and who is otherwise subject to the
13 provisions of this section, may, in lieu of posting a surety
14 bond in each county, elect to post a surety bond in the form
15 and manner provided in this paragraph with the office of the
16 Secretary of State. The bond shall be in the total amount of
17 the security deposit or advance rent held on behalf of tenants
18 or in the amount of $250,000, whichever is less. The bond
19 shall be conditioned upon the faithful compliance of the
20 landlord with the provisions of this section and shall run to
21 the Governor for the benefit of any tenant injured by the
22 landlord's violation of this section unless otherwise agreed
23 to in writing. In addition to posting a surety bond, the
24 landlord shall pay to the tenant interest on the security
25 deposit or advance rent held on behalf of that tenant at the
26 rate of 5 percent per year simple interest.
27 (3)(a) Upon the vacating of the premises for
28 termination of the lease, the landlord shall have 30 15 days
29 to return the security deposit together with interest if
30 otherwise required, or in which to give the tenant written
31 notice by certified mail to the tenant's last known mailing
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1 address of his or her intention to impose a claim on the
2 deposit and the reason for imposing the claim. The notice
3 shall contain a statement in substantially the following form:
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5 This is a notice of my intention to impose a claim for
6 damages in the amount of .... upon your security deposit, due
7 to ..... It is sent to you as required by s. 83.49(3), Florida
8 Statutes. You are hereby notified that you must object in
9 writing to this deduction from your security deposit within 15
10 days from the time you receive this notice or I will be
11 authorized to deduct my claim from your security deposit.
12 Your objection must be sent to ...(landlord's address)....
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14 If the landlord fails to give the required notice within the
15 30-day 15-day period, he or she forfeits the right to impose a
16 claim upon the security deposit.
17 (b) Unless the tenant objects to the imposition of the
18 landlord's claim or the amount thereof within 30 15 days after
19 receipt of the landlord's notice of intention to impose a
20 claim, the landlord may then deduct the amount of his or her
21 claim and shall remit the balance of the deposit to the tenant
22 within 45 30 days after the date of the notice of intention to
23 impose a claim for damages.
24 Section 2. Subsection (3) of section 83.67, Florida
25 Statutes, is amended to read:
26 83.67 Prohibited practices.--
27 (3) No landlord of any dwelling unit governed by this
28 part shall remove the outside doors, locks, roof, walls, or
29 windows of the unit except for purposes of maintenance,
30 repair, or replacement; nor shall the landlord remove the
31 tenant's personal property from the dwelling unit unless said
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1 action is taken after surrender, abandonment, or a lawful
2 eviction. If provided in the rental agreement or a written
3 agreement separate from the rental agreement, upon surrender,
4 or abandonment by the tenant, or eviction, the landlord is
5 shall not required to comply with s. 715.104 and is not be
6 liable or responsible for storage or disposition of the
7 tenant's personal property; if provided in the rental
8 agreement there must shall be printed or clearly stamped on
9 such rental agreement a legend in substantially the following
10 form:
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12 BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON
13 SURRENDER, OR ABANDONMENT, OR EVICTION, AS DEFINED BY THE
14 FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR
15 RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
16 PERSONAL PROPERTY.
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18 For the purposes of this section, abandonment shall be as set
19 forth in s. 83.59(3)(c).
20 Section 3. Section 715.105, F.S., is amended to read:
21 715.105 Form of notice to former tenant.--
22 (1) A notice to the former tenant which is in
23 substantially the following form satisfies the requirements of
24 s. 715.104:
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26 Notice of Right to Reclaim Abandoned Property
27 To: ...(Name of former tenant)...
28 ...(Address of former tenant)...
29 When you vacated the premises at ...(address of
30 premises, including room or apartment number, if any)..., the
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1 following personal property remained: ...(insert description
2 of personal property)....
3 You may claim this property at ...(address where
4 property may be claimed)....
5 Unless you pay the reasonable costs of storage and
6 advertising, if any, for all the above-described property and
7 take possession of the property which you claim, not later
8 than ...(insert date not fewer than 10 days after notice is
9 personally delivered or, if mailed, not fewer than 15 days
10 after notice is deposited in the mail)..., this property may
11 be disposed of pursuant to s. 715.109.
12 (Insert here the statement required by subsection (2))
13 Dated:.... ...(Signature of landlord)...
14 ...(Type or print name of landlord)...
15 ...(Telephone number)...
16 ...(Address)...
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18 (2) The notice set forth in subsection (1) shall also
19 contain one of the following statements:
20 (a) "If you fail to reclaim the property, it will be
21 sold at a public sale after notice of the sale has been given
22 by publication. You have the right to bid on the property at
23 this sale. After the property is sold and the costs of
24 storage, advertising, and sale are deducted, the remaining
25 money will be paid over to the county. You may claim the
26 remaining money at any time within 1 year after the county
27 receives the money."
28 (b) "Because this property is believed to be worth
29 less than $500 $250, it may be kept, sold, or destroyed
30 without further notice if you fail to reclaim it within the
31 time indicated above."
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1 Section 4. Section 715.106, Florida Statutes, is
2 amended to read:
3 715.106 Form of notice to owner other than former
4 tenant.--
5 (1) A notice which is in substantially the following
6 form given to a person who is not the former tenant and whom
7 the landlord reasonably believes to be the owner of any of the
8 abandoned personal property satisfies the requirements of s.
9 715.104:
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11 Notice of Right to Reclaim Abandoned Property
12 To: ...(Name)...
13 ...(Address)...
14 When ...(name of former tenant)... vacated the premises
15 at ...(address of premises, including room or apartment
16 number, if any)..., the following personal property remained:
17 ...(insert description of personal property)....
18 If you own any of this property, you may claim it at
19 ...(address where property may be claimed).... Unless you pay
20 the reasonable costs of storage and advertising, if any, and
21 take possession of the property to which you are entitled, not
22 later than ...(insert date not fewer than 10 days after notice
23 is personally delivered or, if mailed, not fewer than 15 days
24 after notice is deposited in the mail)..., this property may
25 be disposed of pursuant to s. 715.109.
26 (Insert here the statement required by subsection (2))
27 Dated:.... ...(Signature of landlord)...
28 ...(Type or print name of landlord)...
29 ...(Telephone number)...
30 ...(Address)...
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1 (2) The notice set forth in subsection (1) shall also
2 contain one of the following statements:
3 (a) "If you fail to reclaim the property, it will be
4 sold at a public sale after notice of the sale has been given
5 by publication. You have the right to bid on the property at
6 this sale. After the property is sold and the costs of
7 storage, advertising, and sale are deducted, the remaining
8 money will be paid over to the county. You may claim the
9 remaining money at any time within 1 year after the county
10 receives the money."
11 (b) "Because this property is believed to be worth
12 less than $500 $250, it may be kept, sold, or destroyed
13 without further notice if you fail to reclaim it within the
14 time indicated above."
15 Section 5. Subsection (1) of section 715.109, Florida
16 Statutes, is amended to read:
17 715.109 Sale or disposition of abandoned property.--
18 (1) If the personal property described in the notice
19 is not released pursuant to s. 715.108, it shall be sold at
20 public sale by competitive bidding. However, if the landlord
21 reasonably believes that the total resale value of the
22 property not released is less than $500 $250, she or he may
23 retain such property for her or his own use or dispose of it
24 in any manner she or he chooses. Nothing in this section
25 shall be construed to preclude the landlord or tenant from
26 bidding on the property at the public sale. The successful
27 bidder's title is subject to ownership rights, liens, and
28 security interests which have priority by law.
29 Section 6. This act shall take effect July 1, 2000.
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2 SENATE SUMMARY
3 Modifies various provisions relating to rights of
landlords and tenants. Provides that, unless otherwise
4 agreed to in writing, a tenant shall receive at least 50
percent of accumulated interest paid on security deposits
5 or 5 percent per year simple interest as the landlord
chooses. Provides that a landlord may keep remaining
6 interest. Provides that a landlord's surety bond must be
for the benefit of the tenant unless otherwise agreed to
7 in writing. Increases the number of days a landlord has
to return a tenant's security deposit. Specifies such
8 time in the notice to the tenant. Increases the tenant's
time to object. Provides that a landlord is not
9 responsible for storage or disposition of a tenant's
personal property upon the tenant's eviction if provided
10 in the rental agreement. Increases to $500 the value of
abandoned property that may be kept, sold, or destroyed
11 if not reclaimed by a tenant on the form of notice to a
former tenant and the form of notice to an owner other
12 than a former tenant. Authorizes a landlord to keep
abandoned property valued at less than $500.
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