House Bill 0733c1

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    Florida House of Representatives - 2000              CS/HB 733

        By the Committee on Real Property & Probate and
    Representatives Bilirakis and Bense





  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; amending s. 83.67, F.S.;

11         providing that a landlord is not required to

12         comply with certain notification requirements

13         under specified circumstances; amending ss.

14         715.105 and 715.106, F.S.; increasing the

15         threshold amount for personal property

16         remaining on premises after a tenancy has

17         terminated which may be kept, sold, or

18         destroyed if not reclaimed; amending s.

19         715.109, F.S.; increasing the threshold amount

20         for abandoned property which may be retained or

21         disposed of by a landlord; providing an

22         effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

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26         Section 1.  Paragraph (b) of subsection (1) and

27  subsection (9) of section 83.49, Florida Statutes, are amended

28  to read:

29         83.49  Deposit money or advance rent; duty of landlord

30  and tenant.--

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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         (b)  Hold the total amount of such money in a separate

  7  interest-bearing account in a Florida banking institution for

  8  the benefit of the tenant or tenants, and unless otherwise

  9  agreed to in a written agreement separate from the rental

10  agreement, in which case the tenant shall receive and collect

11  interest in an amount of at least 50 75 percent of the

12  accumulated annualized average interest paid rate payable on

13  such account or interest at the rate of 5 percent per year,

14  simple interest, whichever the landlord elects. The landlord

15  may retain the remaining interest. Interest payable to the

16  tenant must be paid upon return of the security deposit. The

17  landlord shall not commingle such moneys with any other funds

18  of the landlord or hypothecate, pledge, or in any other way

19  make use of such moneys until such moneys are actually due the

20  landlord; or

21         (9)  In those cases in which interest is required to be

22  paid to the tenant, the landlord shall pay the interest owed

23  directly to the tenant upon return of the security deposit, or

24  credit against the current month's rent, the interest due to

25  the tenant at least once annually.  However, no interest shall

26  be due a tenant who wrongfully terminates his or her tenancy

27  prior to the end of the rental term.

28         Section 2.  Subsection (3) of section 83.67, Florida

29  Statutes, is amended to read:

30         83.67  Prohibited practices.--

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  1         (3)  No landlord of any dwelling unit governed by this

  2  part shall remove the outside doors, locks, roof, walls, or

  3  windows of the unit except for purposes of maintenance,

  4  repair, or replacement; nor shall the landlord remove the

  5  tenant's personal property from the dwelling unit unless the

  6  personal property is removed said action is taken after

  7  surrender, abandonment, or a lawful eviction. A landlord and

  8  tenant may agree, in writing, that If provided in the rental

  9  agreement or a written agreement separate from the rental

10  agreement, upon surrender or abandonment by the tenant, the

11  landlord is shall not required to comply with s. 715.104 and

12  is not be liable or responsible for storage or disposition of

13  the tenant's personal property; if provided, the following

14  language, in the rental agreement there shall be printed or

15  clearly stamped on such rental agreement a legend in

16  substantially the following form, is printed or clearly

17  stamped on the rental agreement:

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19  BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON

20  SURRENDER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES,

21  THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR

22  DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

23

24  For the purposes of this section, abandonment shall be as set

25  forth in s. 83.59(3)(c).

26         Section 3.  Section 715.105, Florida Statutes, is

27  amended to read:

28         715.105  Form of notice to former tenant.--

29         (1)  A notice to the former tenant which is in

30  substantially the following form satisfies the requirements of

31  s. 715.104:

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  1

  2         Notice of Right to Reclaim Abandoned Property

  3         To:  ...(Name of former tenant)...

  4    ...(Address of former tenant)...

  5         When you vacated the premises at ...(address of

  6  premises, including room or apartment number, if any)..., the

  7  following personal property remained:  ...(insert description

  8  of personal property)....

  9         You may claim this property at ...(address where

10  property may be claimed)....

11         Unless you pay the reasonable costs of storage and

12  advertising, if any, for all the above-described property and

13  take possession of the property which you claim, not later

14  than ...(insert date not fewer than 10 days after notice is

15  personally delivered or, if mailed, not fewer than 15 days

16  after notice is deposited in the mail)..., this property may

17  be disposed of pursuant to s. 715.109.

18         (Insert here the statement required by subsection (2))

19         Dated:....                ...(Signature of landlord)...

20         ...(Type or print name of landlord)...

21         ...(Telephone number)...

22         ...(Address)...

23

24         (2)  The notice set forth in subsection (1) shall also

25  contain one of the following statements:

26         (a)  "If you fail to reclaim the property, it will be

27  sold at a public sale after notice of the sale has been given

28  by publication.  You have the right to bid on the property at

29  this sale.  After the property is sold and the costs of

30  storage, advertising, and sale are deducted, the remaining

31  money will be paid over to the county.  You may claim the

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  1  remaining money at any time within 1 year after the county

  2  receives the money."

  3         (b)  "Because this property is believed to be worth

  4  less than $500 $250, it may be kept, sold, or destroyed

  5  without further notice if you fail to reclaim it within the

  6  time indicated above."

  7         Section 4.  Section 715.106, Florida Statutes, is

  8  amended to read:

  9         715.106  Form of notice to owner other than former

10  tenant.--

11         (1)  A notice which is in substantially the following

12  form given to a person who is not the former tenant and whom

13  the landlord reasonably believes to be the owner of any of the

14  abandoned personal property satisfies the requirements of s.

15  715.104:

16

17         Notice of Right to Reclaim Abandoned Property

18         To:  ...(Name)...

19    ...(Address)...

20         When ...(name of former tenant)... vacated the premises

21  at ...(address of premises, including room or apartment

22  number, if any)..., the following personal property remained:

23  ...(insert description of personal property)....

24         If you own any of this property, you may claim it at

25  ...(address where property may be claimed)....  Unless you pay

26  the reasonable costs of storage and advertising, if any, and

27  take possession of the property to which you are entitled, not

28  later than ...(insert date not fewer than 10 days after notice

29  is personally delivered or, if mailed, not fewer than 15 days

30  after notice is deposited in the mail)..., this property may

31  be disposed of pursuant to s. 715.109.

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  1         (Insert here the statement required by subsection (2))

  2         Dated:....                ...(Signature of landlord)...

  3         ...(Type or print name of landlord)...

  4         ...(Telephone number)...

  5         ...(Address)...

  6

  7         (2)  The notice set forth in subsection (1) shall also

  8  contain one of the following statements:

  9         (a)  "If you fail to reclaim the property, it will be

10  sold at a public sale after notice of the sale has been given

11  by publication.  You have the right to bid on the property at

12  this sale.  After the property is sold and the costs of

13  storage, advertising, and sale are deducted, the remaining

14  money will be paid over to the county.  You may claim the

15  remaining money at any time within 1 year after the county

16  receives the money."

17         (b)  "Because this property is believed to be worth

18  less than $500 $250, it may be kept, sold, or destroyed

19  without further notice if you fail to reclaim it within the

20  time indicated above."

21         Section 5.  Subsection (1) of section 715.109, Florida

22  Statutes, is amended to read:

23         715.109  Sale or disposition of abandoned property.--

24         (1)  If the personal property described in the notice

25  is not released pursuant to s. 715.108, it shall be sold at

26  public sale by competitive bidding.  However, if the landlord

27  reasonably believes that the total resale value of the

28  property not released is less than $500 $250, she or he may

29  retain such property for her or his own use or dispose of it

30  in any manner she or he chooses.  Nothing in this section

31  shall be construed to preclude the landlord or tenant from

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  1  bidding on the property at the public sale.  The successful

  2  bidder's title is subject to ownership rights, liens, and

  3  security interests which have priority by law.

  4         Section 6.  This act shall take effect July 1, 2000.

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