Senate Bill 0696c1
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Florida Senate - 2000 CS for SB 696
By the Committee on Judiciary and 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; notifying
9 a tenant of his or her rights and objections by
10 a tenant; providing time for payment of
11 interest to tenant; amending s. 83.67, F.S.;
12 providing that a landlord is not required to
13 comply with s. 715.104, F.S.; amending ss.
14 715.105, 715.106, F.S.; increasing the value of
15 abandoned property that may be kept, sold, or
16 destroyed if not reclaimed on the form of
17 notice to a former tenant and the form of
18 notice to an owner other than a former tenant;
19 amending s. 715.109, F.S.; authorizing a
20 landlord to keep for his or her own use
21 abandoned property of less than a specified
22 value; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Subsection (1), paragraphs (a) and (b) of
27 subsection (3), and subsection (9) of section 83.49, Florida
28 Statutes, are amended to read:
29 83.49 Deposit money or advance rent; duty of landlord
30 and tenant.--
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Florida Senate - 2000 CS for SB 696
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1 (1) Whenever money is deposited or advanced by a
2 tenant on a rental agreement as security for performance of
3 the rental agreement or as advance rent for other than the
4 next immediate rental period, the landlord or the landlord's
5 agent shall either:
6 (a) Hold the total amount of such money in a separate
7 non-interest-bearing account in a Florida banking institution
8 for the benefit of the tenant or tenants. The landlord shall
9 not commingle such moneys with any other funds of the landlord
10 or hypothecate, pledge, or in any other way make use of such
11 moneys until such moneys are actually due the landlord;
12 (b) Hold the total amount of such money in a separate
13 interest-bearing account in a Florida banking institution for
14 the benefit of the tenant or tenants, and unless otherwise
15 agreed to in a written agreement separate from the rental
16 agreement, in which case the tenant shall receive and collect
17 interest in an amount of at least 50 75 percent of the
18 accumulated annualized average interest paid rate payable on
19 such account or interest at the rate of 5 percent per year,
20 simple interest, whichever the landlord elects. The landlord
21 may retain the remaining interest. Interest payable to the
22 tenant must be paid upon return of the security deposit. The
23 landlord shall not commingle such moneys with any other funds
24 of the landlord or hypothecate, pledge, or in any other way
25 make use of such moneys until such moneys are actually due the
26 landlord; or
27 (c) Post a surety bond, executed by the landlord as
28 principal and a surety company authorized and licensed to do
29 business in the state as surety, with the clerk of the circuit
30 court in the county in which the dwelling unit is located in
31 the total amount of the security deposits and advance rent he
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Florida Senate - 2000 CS for SB 696
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1 or she holds on behalf of the tenants or $50,000, whichever is
2 less. The bond shall be conditioned upon the faithful
3 compliance of the landlord with the provisions of this section
4 and shall run to the Governor for the benefit of any tenant
5 injured by the landlord's violation of the provisions of this
6 section. In addition to posting the surety bond, the landlord
7 shall pay to the tenant interest at the rate of 5 percent per
8 year, simple interest. A landlord, or the landlord's agent,
9 engaged in the renting of dwelling units in five or more
10 counties, who holds deposit moneys or advance rent and who is
11 otherwise subject to the provisions of this section, may, in
12 lieu of posting a surety bond in each county, elect to post a
13 surety bond in the form and manner provided in this paragraph
14 with the office of the Secretary of State. The bond shall be
15 in the total amount of the security deposit or advance rent
16 held on behalf of tenants or in the amount of $250,000,
17 whichever is less. The bond shall be conditioned upon the
18 faithful compliance of the landlord with the provisions of
19 this section and shall run to the Governor for the benefit of
20 any tenant injured by the landlord's violation of this
21 section. In addition to posting a surety bond, the landlord
22 shall pay to the tenant interest on the security deposit or
23 advance rent held on behalf of that tenant at the rate of 5
24 percent per year simple interest.
25 (3)(a) Upon the vacating of the premises for
26 termination of the lease, the landlord shall have 30 15 days
27 to return the security deposit together with interest if
28 otherwise required, or in which to give the tenant written
29 notice by certified mail to the tenant's last known mailing
30 address of his or her intention to impose a claim on the
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Florida Senate - 2000 CS for SB 696
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1 deposit and the reason for imposing the claim. The notice
2 shall contain a statement in substantially the following form:
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4 This is a notice of my intention to impose a claim for
5 damages in the amount of .... upon your security deposit, due
6 to ..... It is sent to you as required by s. 83.49(3), Florida
7 Statutes. You are hereby notified that you must object in
8 writing to this deduction from your security deposit within 15
9 days from the time you receive this notice or I will be
10 authorized to deduct my claim from your security deposit.
11 Your objection must be sent to ...(landlord's address)....
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13 If the landlord fails to give the required notice within the
14 30-day 15-day period, he or she forfeits the right to impose a
15 claim upon the security deposit.
16 (b) Unless the tenant objects to the imposition of the
17 landlord's claim or the amount thereof within 15 days after
18 receipt of the landlord's notice of intention to impose a
19 claim, the landlord may then deduct the amount of his or her
20 claim and shall remit the balance of the deposit to the tenant
21 within 30 days after the date of the notice of intention to
22 impose a claim for damages.
23 (9) In those cases in which interest is required to be
24 paid to the tenant, the landlord shall pay the interest owed
25 directly to the tenant upon return of the security deposit, or
26 credit against the current month's rent, the interest due to
27 the tenant at least once annually. However, no interest shall
28 be due a tenant who wrongfully terminates his or her tenancy
29 prior to the end of the rental term.
30 Section 2. Subsection (3) of section 83.67, Florida
31 Statutes, is amended to read:
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1 83.67 Prohibited practices.--
2 (3) No landlord of any dwelling unit governed by this
3 part shall remove the outside doors, locks, roof, walls, or
4 windows of the unit except for purposes of maintenance,
5 repair, or replacement; nor shall the landlord remove the
6 tenant's personal property from the dwelling unit unless said
7 action is taken after surrender, abandonment, or a lawful
8 eviction. If provided in the rental agreement or a written
9 agreement separate from the rental agreement, upon surrender
10 or abandonment by the tenant, the landlord is shall not
11 required to comply with s. 715.104 and is not be liable or
12 responsible for storage or disposition of the tenant's
13 personal property; if provided in the rental agreement there
14 must shall be printed or clearly stamped on such rental
15 agreement a legend in substantially the following form:
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17 BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON
18 SURRENDER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES,
19 THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR
20 DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
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22 For the purposes of this section, abandonment shall be as set
23 forth in s. 83.59(3)(c).
24 Section 3. Section 715.105, F.S., is amended to read:
25 715.105 Form of notice to former tenant.--
26 (1) A notice to the former tenant which is in
27 substantially the following form satisfies the requirements of
28 s. 715.104:
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30 Notice of Right to Reclaim Abandoned Property
31 To: ...(Name of former tenant)...
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1 ...(Address of former tenant)...
2 When you vacated the premises at ...(address of
3 premises, including room or apartment number, if any)..., the
4 following personal property remained: ...(insert description
5 of personal property)....
6 You may claim this property at ...(address where
7 property may be claimed)....
8 Unless you pay the reasonable costs of storage and
9 advertising, if any, for all the above-described property and
10 take possession of the property which you claim, not later
11 than ...(insert date not fewer than 10 days after notice is
12 personally delivered or, if mailed, not fewer than 15 days
13 after notice is deposited in the mail)..., this property may
14 be disposed of pursuant to s. 715.109.
15 (Insert here the statement required by subsection (2))
16 Dated:.... ...(Signature of landlord)...
17 ...(Type or print name of landlord)...
18 ...(Telephone number)...
19 ...(Address)...
20
21 (2) The notice set forth in subsection (1) shall also
22 contain one of the following statements:
23 (a) "If you fail to reclaim the property, it will be
24 sold at a public sale after notice of the sale has been given
25 by publication. You have the right to bid on the property at
26 this sale. After the property is sold and the costs of
27 storage, advertising, and sale are deducted, the remaining
28 money will be paid over to the county. You may claim the
29 remaining money at any time within 1 year after the county
30 receives the money."
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1 (b) "Because this property is believed to be worth
2 less than $500 $250, it may be kept, sold, or destroyed
3 without further notice if you fail to reclaim it within the
4 time indicated above."
5 Section 4. Section 715.106, Florida Statutes, is
6 amended to read:
7 715.106 Form of notice to owner other than former
8 tenant.--
9 (1) A notice which is in substantially the following
10 form given to a person who is not the former tenant and whom
11 the landlord reasonably believes to be the owner of any of the
12 abandoned personal property satisfies the requirements of s.
13 715.104:
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15 Notice of Right to Reclaim Abandoned Property
16 To: ...(Name)...
17 ...(Address)...
18 When ...(name of former tenant)... vacated the premises
19 at ...(address of premises, including room or apartment
20 number, if any)..., the following personal property remained:
21 ...(insert description of personal property)....
22 If you own any of this property, you may claim it at
23 ...(address where property may be claimed).... Unless you pay
24 the reasonable costs of storage and advertising, if any, and
25 take possession of the property to which you are entitled, not
26 later than ...(insert date not fewer than 10 days after notice
27 is personally delivered or, if mailed, not fewer than 15 days
28 after notice is deposited in the mail)..., this property may
29 be disposed of pursuant to s. 715.109.
30 (Insert here the statement required by subsection (2))
31 Dated:.... ...(Signature of landlord)...
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1 ...(Type or print name of landlord)...
2 ...(Telephone number)...
3 ...(Address)...
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5 (2) The notice set forth in subsection (1) shall also
6 contain one of the following statements:
7 (a) "If you fail to reclaim the property, it will be
8 sold at a public sale after notice of the sale has been given
9 by publication. You have the right to bid on the property at
10 this sale. After the property is sold and the costs of
11 storage, advertising, and sale are deducted, the remaining
12 money will be paid over to the county. You may claim the
13 remaining money at any time within 1 year after the county
14 receives the money."
15 (b) "Because this property is believed to be worth
16 less than $500 $250, it may be kept, sold, or destroyed
17 without further notice if you fail to reclaim it within the
18 time indicated above."
19 Section 5. Subsection (1) of section 715.109, Florida
20 Statutes, is amended to read:
21 715.109 Sale or disposition of abandoned property.--
22 (1) If the personal property described in the notice
23 is not released pursuant to s. 715.108, it shall be sold at
24 public sale by competitive bidding. However, if the landlord
25 reasonably believes that the total resale value of the
26 property not released is less than $500 $250, she or he may
27 retain such property for her or his own use or dispose of it
28 in any manner she or he chooses. Nothing in this section
29 shall be construed to preclude the landlord or tenant from
30 bidding on the property at the public sale. The successful
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1 bidder's title is subject to ownership rights, liens, and
2 security interests which have priority by law.
3 Section 6. This act shall take effect July 1, 2000.
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5 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
6 SB 696
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8 Clarifies the bill's provision that landlords and tenants can
agree to provisions regarding interest on security deposits
9 other than those stated in s. 83.49(1)(b), F.S., when they
agree to do so in a written instrument separate from the
10 rental agreement.
11 Removes the provisions from the bill which would allow
landlords and tenants to agree in writing to conditions, other
12 than those specified in s. 83.49(1)(c), F.S., on bonds for
security deposits.
13
Removes the provisions from the bill which would change the
14 time a tenant has to object to a landlord's claim on the
tenant's security deposit. The committee substitute does not
15 change the existing time of 15 days currently provided for in
s. 83.49(3)(b), F.S. Also, the committee substitute removes
16 the provision from the bill which would require landlords to
return security deposits to tenants within 45 days of the
17 notice to impose a claim on the security deposit and restores
the 30 days currently provided for in s. 83.49(3)(b), F.S.
18
Conforms subsection (9) of s. 83.49, F.S., with the bill's
19 provision in subsection (1)(b) of s. 83.49, F.S., which
requires landlords to pay interest on security deposits to the
20 tenant when the security deposit is returned to the tenant.
21 Removes the bill's provision in s. 83.67(3), F.S., which would
have allowed landlords, after a tenant has been evicted, to
22 avoid liability for the storage or disposition of the tenant's
personal property if written notice of the same is given to
23 the tenant.
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