House Bill 0733
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 733
By Representative Bilirakis
1 A bill to be entitled
2 An act relating to landlord and tenant;
3 amending s. 83.49, F.S.; revising the amount of
4 interest to be paid to a tenant when a security
5 deposit or advance rent is held by a landlord
6 in a separate interest-bearing account;
7 authorizing the landlord to retain remaining
8 interest; providing that interest payable to
9 the tenant shall be paid upon return of the
10 security deposit; providing that a landlord's
11 surety bond must be for the benefit of the
12 tenant unless otherwise agreed to in writing;
13 increasing the time limit for the return of a
14 security deposit to a tenant or providing
15 written notice to the tenant of intention to
16 impose a claim on the deposit; increasing the
17 time limit for a tenant to object to a
18 deduction in a security deposit; increasing the
19 time limit for remittance of the balance of a
20 security deposit by a landlord when a claim is
21 deducted; amending s. 83.67, F.S.; providing
22 that a landlord is not required to comply with
23 certain notification requirements and is not
24 liable for storage or disposition of a tenant's
25 personal property upon eviction if provided in
26 the rental agreement; amending ss. 715.105 and
27 715.106, F.S.; increasing the threshold amount
28 for personal property remaining on premises
29 after a tenancy has terminated which may be
30 kept, sold, or destroyed if not reclaimed;
31 amending s. 715.109, F.S.; increasing the
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 733
715-119A-00
1 threshold amount for abandoned property which
2 may be retained or disposed of by a landlord;
3 providing an effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Subsection (1) and paragraphs (a) and (b)
8 of subsection (3) of section 83.49, Florida Statutes, are
9 amended to read:
10 83.49 Deposit money or advance rent; duty of landlord
11 and tenant.--
12 (1) Whenever money is deposited or advanced by a
13 tenant on a rental agreement as security for performance of
14 the rental agreement or as advance rent for other than the
15 next immediate rental period, the landlord or the landlord's
16 agent shall either:
17 (a) Hold the total amount of such money in a separate
18 non-interest-bearing account in a Florida banking institution
19 for the benefit of the tenant or tenants. The landlord shall
20 not commingle such moneys with any other funds of the landlord
21 or hypothecate, pledge, or in any other way make use of such
22 moneys until such moneys are actually due the landlord;
23 (b) Hold the total amount of such money in a separate
24 interest-bearing account in a Florida banking institution for
25 the benefit of the tenant or tenants, and unless otherwise
26 agreed to in writing, in which case the tenant shall receive
27 and collect interest in an amount of at least 50 75 percent of
28 the accumulated annualized average interest paid rate payable
29 on such account or interest at the rate of 5 percent per year,
30 simple interest, whichever the landlord elects. The landlord
31 may retain the remaining interest. Interest payable to the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 733
715-119A-00
1 tenant must be paid upon return of the security deposit. The
2 landlord shall not commingle such moneys with any other funds
3 of the landlord or hypothecate, pledge, or in any other way
4 make use of such moneys until such moneys are actually due the
5 landlord; or
6 (c) Post a surety bond, executed by the landlord as
7 principal and a surety company authorized and licensed to do
8 business in the state as surety, with the clerk of the circuit
9 court in the county in which the dwelling unit is located in
10 the total amount of the security deposits and advance rent he
11 or she holds on behalf of the tenants or $50,000, whichever is
12 less. The bond shall be conditioned upon the faithful
13 compliance of the landlord with the provisions of this section
14 and shall run to the Governor for the benefit of any tenant
15 injured by the landlord's violation of the provisions of this
16 section unless otherwise agreed to in writing. In addition to
17 posting the surety bond, the landlord shall pay to the tenant
18 interest at the rate of 5 percent per year, simple interest.
19 A landlord, or the landlord's agent, engaged in the renting of
20 dwelling units in five or more counties, who holds deposit
21 moneys or advance rent and who is otherwise subject to the
22 provisions of this section, may, in lieu of posting a surety
23 bond in each county, elect to post a surety bond in the form
24 and manner provided in this paragraph with the office of the
25 Secretary of State. The bond shall be in the total amount of
26 the security deposit or advance rent held on behalf of tenants
27 or in the amount of $250,000, whichever is less. The bond
28 shall be conditioned upon the faithful compliance of the
29 landlord with the provisions of this section and shall run to
30 the Governor for the benefit of any tenant injured by the
31 landlord's violation of this section unless otherwise agreed
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 733
715-119A-00
1 to in writing. In addition to posting a surety bond, the
2 landlord shall pay to the tenant interest on the security
3 deposit or advance rent held on behalf of that tenant at the
4 rate of 5 percent per year simple interest.
5 (3)(a) Upon the vacating of the premises for
6 termination of the lease, the landlord shall have 30 15 days
7 to return the security deposit together with interest if
8 otherwise required, or in which to give the tenant written
9 notice by certified mail to the tenant's last known mailing
10 address of his or her intention to impose a claim on the
11 deposit and the reason for imposing the claim. The notice
12 shall contain a statement in substantially the following form:
13
14 This is a notice of my intention to impose a claim for
15 damages in the amount of .... upon your security deposit, due
16 to ..... It is sent to you as required by s. 83.49(3), Florida
17 Statutes. You are hereby notified that you must object in
18 writing to this deduction from your security deposit within 30
19 15 days from the time you receive this notice or I will be
20 authorized to deduct my claim from your security deposit.
21 Your objection must be sent to ...(landlord's address)....
22
23 If the landlord fails to give the required notice within the
24 30-day 15-day period, he or she forfeits the right to impose a
25 claim upon the security deposit.
26 (b) Unless the tenant objects to the imposition of the
27 landlord's claim or the amount thereof within 30 15 days after
28 receipt of the landlord's notice of intention to impose a
29 claim, the landlord may then deduct the amount of his or her
30 claim and shall remit the balance of the deposit to the tenant
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 733
715-119A-00
1 within 45 30 days after the date of the notice of intention to
2 impose a claim for damages.
3 Section 2. Subsection (3) of section 83.67, Florida
4 Statutes, is amended to read:
5 83.67 Prohibited practices.--
6 (3) No landlord of any dwelling unit governed by this
7 part shall remove the outside doors, locks, roof, walls, or
8 windows of the unit except for purposes of maintenance,
9 repair, or replacement; nor shall the landlord remove the
10 tenant's personal property from the dwelling unit unless said
11 action is taken after surrender, abandonment, or a lawful
12 eviction. If provided in the rental agreement or a written
13 agreement separate from the rental agreement, upon surrender,
14 or abandonment by the tenant, or eviction, the landlord is
15 shall not required to comply with s. 715.104 and is not be
16 liable or responsible for storage or disposition of the
17 tenant's personal property; if provided in the rental
18 agreement there must shall be printed or clearly stamped on
19 such rental agreement a legend in substantially the following
20 form:
21
22 BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON
23 SURRENDER, OR ABANDONMENT, OR EVICTION, AS DEFINED BY THE
24 FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR
25 RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
26 PERSONAL PROPERTY.
27
28 For the purposes of this section, abandonment shall be as set
29 forth in s. 83.59(3)(c).
30 Section 3. Section 715.105, F.S., is amended to read:
31 715.105 Form of notice to former tenant.--
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 733
715-119A-00
1 (1) A notice to the former tenant which is in
2 substantially the following form satisfies the requirements of
3 s. 715.104:
4
5 Notice of Right to Reclaim Abandoned Property
6 To: ...(Name of former tenant)...
7 ...(Address of former tenant)...
8 When you vacated the premises at ...(address of
9 premises, including room or apartment number, if any)..., the
10 following personal property remained: ...(insert description
11 of personal property)....
12 You may claim this property at ...(address where
13 property may be claimed)....
14 Unless you pay the reasonable costs of storage and
15 advertising, if any, for all the above-described property and
16 take possession of the property which you claim, not later
17 than ...(insert date not fewer than 10 days after notice is
18 personally delivered or, if mailed, not fewer than 15 days
19 after notice is deposited in the mail)..., this property may
20 be disposed of pursuant to s. 715.109.
21 (Insert here the statement required by subsection (2))
22 Dated:.... ...(Signature of landlord)...
23 ...(Type or print name of landlord)...
24 ...(Telephone number)...
25 ...(Address)...
26
27 (2) The notice set forth in subsection (1) shall also
28 contain one of the following statements:
29 (a) "If you fail to reclaim the property, it will be
30 sold at a public sale after notice of the sale has been given
31 by publication. You have the right to bid on the property at
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 733
715-119A-00
1 this sale. After the property is sold and the costs of
2 storage, advertising, and sale are deducted, the remaining
3 money will be paid over to the county. You may claim the
4 remaining money at any time within 1 year after the county
5 receives the money."
6 (b) "Because this property is believed to be worth
7 less than $500 $250, it may be kept, sold, or destroyed
8 without further notice if you fail to reclaim it within the
9 time indicated above."
10 Section 4. Section 715.106, Florida Statutes, is
11 amended to read:
12 715.106 Form of notice to owner other than former
13 tenant.--
14 (1) A notice which is in substantially the following
15 form given to a person who is not the former tenant and whom
16 the landlord reasonably believes to be the owner of any of the
17 abandoned personal property satisfies the requirements of s.
18 715.104:
19
20 Notice of Right to Reclaim Abandoned Property
21 To: ...(Name)...
22 ...(Address)...
23 When ...(name of former tenant)... vacated the premises
24 at ...(address of premises, including room or apartment
25 number, if any)..., the following personal property remained:
26 ...(insert description of personal property)....
27 If you own any of this property, you may claim it at
28 ...(address where property may be claimed).... Unless you pay
29 the reasonable costs of storage and advertising, if any, and
30 take possession of the property to which you are entitled, not
31 later than ...(insert date not fewer than 10 days after notice
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 733
715-119A-00
1 is personally delivered or, if mailed, not fewer than 15 days
2 after notice is deposited in the mail)..., this property may
3 be disposed of pursuant to s. 715.109.
4 (Insert here the statement required by subsection (2))
5 Dated:.... ...(Signature of landlord)...
6 ...(Type or print name of landlord)...
7 ...(Telephone number)...
8 ...(Address)...
9
10 (2) The notice set forth in subsection (1) shall also
11 contain one of the following statements:
12 (a) "If you fail to reclaim the property, it will be
13 sold at a public sale after notice of the sale has been given
14 by publication. You have the right to bid on the property at
15 this sale. After the property is sold and the costs of
16 storage, advertising, and sale are deducted, the remaining
17 money will be paid over to the county. You may claim the
18 remaining money at any time within 1 year after the county
19 receives the money."
20 (b) "Because this property is believed to be worth
21 less than $500 $250, it may be kept, sold, or destroyed
22 without further notice if you fail to reclaim it within the
23 time indicated above."
24 Section 5. Subsection (1) of section 715.109, Florida
25 Statutes, is amended to read:
26 715.109 Sale or disposition of abandoned property.--
27 (1) If the personal property described in the notice
28 is not released pursuant to s. 715.108, it shall be sold at
29 public sale by competitive bidding. However, if the landlord
30 reasonably believes that the total resale value of the
31 property not released is less than $500 $250, she or he may
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 733
715-119A-00
1 retain such property for her or his own use or dispose of it
2 in any manner she or he chooses. Nothing in this section
3 shall be construed to preclude the landlord or tenant from
4 bidding on the property at the public sale. The successful
5 bidder's title is subject to ownership rights, liens, and
6 security interests which have priority by law.
7 Section 6. This act shall take effect July 1, 2000.
8
9 *****************************************
10 LEGISLATIVE SUMMARY
11 Revises provisions within pt. II of ch. 83, F.S., the
Florida Residential Landlord and Tenant Act, and ch. 715,
12 F.S., relating to property, to:
1. Revise the amount of interest to be paid to a
13 tenant when a security deposit or advance rent is held by
a landlord in a separate interest-bearing account;
14 authorize the landlord to retain remaining interest; and
provide that interest payable to the tenant shall be paid
15 upon return of the security deposit.
2. Increase, from 15 to 30 days, the time limit for
16 the return of a security deposit to a tenant or written
notification to a tenant of intention to impose a claim
17 on the deposit.
3. Increase, from 15 to 30 days, the time limit for
18 a tenant to object to a deduction in a security deposit.
4. Increase, from 30 to 45 days, the time limit for
19 remittance of the balance of security deposit by a
landlord when a claim is deducted.
20 5. Provide that a landlord is not required to
comply with certain notification requirements and is not
21 liable for storage or disposition of a tenant's personal
property upon eviction if provided in the rental
22 agreement.
6. Increase, from $250 to $500, the threshold
23 amount for personal property remaining on premises after
a tenancy has terminated which may be kept, sold or
24 destroyed if not reclaimed.
7. Increase, from $250 to $500, the threshold
25 amount for abandoned property which may be retained or
disposed of by a landlord.
26
27
28
29
30
31
9