Senate Bill sb0838c1
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    Florida Senate - 2001                            CS for SB 838
    By the Committee on Judiciary and Senator Saunders
    308-1506-01
  1                      A bill to be entitled
  2         An act relating to landlord and tenant;
  3         amending s. 83.49, F.S.; increasing the time
  4         period within which a landlord must return a
  5         security deposit; amending s. 83.67, F.S.;
  6         exempting certain landlords from a requirement
  7         to give notice to former tenants regarding
  8         personal property; amending s. 475.011, F.S.;
  9         providing an exemption from the real estate
10         brokers and salespersons regulatory law;
11         amending ss. 715.105, 715.106, 715.109, F.S.;
12         increasing the value of abandoned personal
13         property that may be kept, sold, or destroyed
14         by a landlord; conforming notice provisions;
15         providing an effective date.
16
17  Be It Enacted by the Legislature of the State of Florida:
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19         Section 1.  Subsection (3) of section 83.49, Florida
20  Statutes, is amended to read:
21         83.49  Deposit money or advance rent; duty of landlord
22  and tenant.--
23         (3)(a)  Upon the vacating of the premises for
24  termination of the lease, the landlord shall have 30 15 days
25  to return the security deposit together with interest if
26  otherwise required, or in which to give the tenant written
27  notice by certified mail to the tenant's last known mailing
28  address of his or her intention to impose a claim on the
29  deposit and the reason for imposing the claim.  The notice
30  shall contain a statement in substantially the following form:
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    Florida Senate - 2001                            CS for SB 838
    308-1506-01
  1         This is a notice of my intention to impose a claim for
  2  damages in the amount of .... upon your security deposit, due
  3  to ..... It is sent to you as required by s. 83.49(3), Florida
  4  Statutes. You are hereby notified that you must object in
  5  writing to this deduction from your security deposit within 15
  6  days from the time you receive this notice or I will be
  7  authorized to deduct my claim from your security deposit.
  8  Your objection must be sent to ...(landlord's address)....
  9
10  If the landlord fails to give the required notice within the
11  30-day 15-day period, he or she forfeits the right to impose a
12  claim upon the security deposit.
13         (b)  Unless the tenant objects to the imposition of the
14  landlord's claim or the amount thereof within 15 days after
15  receipt of the landlord's notice of intention to impose a
16  claim, the landlord may then deduct the amount of his or her
17  claim and shall remit the balance of the deposit to the tenant
18  within 30 days after the date of the notice of intention to
19  impose a claim for damages.
20         (c)  If either party institutes an action in a court of
21  competent jurisdiction to adjudicate the party's right to the
22  security deposit, the prevailing party is entitled to receive
23  his or her court costs plus a reasonable fee for his or her
24  attorney.  The court shall advance the cause on the calendar.
25         (d)  Compliance with this section by an individual or
26  business entity authorized to conduct business in this state,
27  including Florida-licensed real estate brokers and
28  salespersons, shall constitute compliance with all other
29  relevant Florida Statutes pertaining to security deposits held
30  pursuant to a rental agreement or other landlord-tenant
31  relationship.  Enforcement personnel shall look solely to this
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    Florida Senate - 2001                            CS for SB 838
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  1  section to determine compliance.  This section prevails over
  2  any conflicting provisions in chapter 475 and in other
  3  sections of the Florida Statutes, and shall operate to permit
  4  licensed real estate brokers to disburse security deposits and
  5  deposit money without having to comply with the notice and
  6  settlement procedures contained in s. 475.25(1)(d).
  7         Section 2.  Subsection (3) of section 83.67, Florida
  8  Statutes, is amended to read:
  9         83.67  Prohibited practices.--
10         (3)  No landlord of any dwelling unit governed by this
11  part shall remove the outside doors, locks, roof, walls, or
12  windows of the unit except for purposes of maintenance,
13  repair, or replacement; nor shall the landlord remove the
14  tenant's personal property from the dwelling unit unless said
15  action is taken after surrender, abandonment, or a lawful
16  eviction.  If provided in the rental agreement or a written
17  agreement separate from the rental agreement, upon surrender
18  or abandonment by the tenant, the landlord is not required to
19  comply with s. 715.104 and is shall not be liable or
20  responsible for storage or disposition of the tenant's
21  personal property; if provided in the rental agreement there
22  must shall be printed or clearly stamped on such rental
23  agreement a legend in substantially the following form:
24
25  BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON
26  SURRENDER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES,
27  THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR
28  DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
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30  For the purposes of this section, abandonment shall be as set
31  forth in s. 83.59(3)(c).
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    Florida Senate - 2001                            CS for SB 838
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  1         Section 3.  Subsection (13) is added to section
  2  475.011, Florida Statutes, to read:
  3         475.011  Exemptions.--This part does not apply to:
  4         (13)  Any property management firm or any property
  5  owner of an apartment community paying a finder's fee or
  6  referral fee to an unlicensed person who is a tenant in or an
  7  employee of that apartment complex or property management firm
  8  as long as the value of the finder's fee or referral fee does
  9  not exceed $50 per transaction. This section does not permit
10  an unlicensed person to advertise or otherwise promote the
11  person's services in procuring or assisting to procure
12  prospective lessors or tenants of apartment units. For the
13  purposes of this subsection, the phrase, "finder's fee or
14  referral fee" means a fee paid, rent credit, or something of
15  value given to a person for introducing or arranging an
16  introduction between the parties to a transaction involving
17  the rental of an apartment unit.
18         Section 4.  Section 715.105, Florida Statutes, is
19  amended to read:
20         715.105  Form of notice to former tenant.--
21         (1)  A notice to the former tenant which is in
22  substantially the following form satisfies the requirements of
23  s. 715.104:
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25         Notice of Right to Reclaim Abandoned Property
26         To:  ...(Name of former tenant)...
27    ...(Address of former tenant)...
28         When you vacated the premises at ...(address of
29  premises, including room or apartment number, if any)..., the
30  following personal property remained:  ...(insert description
31  of personal property)....
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    Florida Senate - 2001                            CS for SB 838
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  1         You may claim this property at ...(address where
  2  property may be claimed)....
  3         Unless you pay the reasonable costs of storage and
  4  advertising, if any, for all the above-described property and
  5  take possession of the property which you claim, not later
  6  than ...(insert date not fewer than 10 days after notice is
  7  personally delivered or, if mailed, not fewer than 15 days
  8  after notice is deposited in the mail)..., this property may
  9  be disposed of pursuant to s. 715.109.
10         (Insert here the statement required by subsection (2))
11         Dated:....                ...(Signature of landlord)...
12         ...(Type or print name of landlord)...
13         ...(Telephone number)...
14         ...(Address)...
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16         (2)  The notice set forth in subsection (1) shall also
17  contain one of the following statements:
18         (a)  "If you fail to reclaim the property, it will be
19  sold at a public sale after notice of the sale has been given
20  by publication.  You have the right to bid on the property at
21  this sale.  After the property is sold and the costs of
22  storage, advertising, and sale are deducted, the remaining
23  money will be paid over to the county.  You may claim the
24  remaining money at any time within 1 year after the county
25  receives the money."
26         (b)  "Because this property is believed to be worth
27  less than $500 $250, it may be kept, sold, or destroyed
28  without further notice if you fail to reclaim it within the
29  time indicated above."
30         Section 5.  Section 715.106, Florida Statutes, is
31  amended to read:
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    Florida Senate - 2001                            CS for SB 838
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  1         715.106  Form of notice to owner other than former
  2  tenant.--
  3         (1)  A notice which is in substantially the following
  4  form given to a person who is not the former tenant and whom
  5  the landlord reasonably believes to be the owner of any of the
  6  abandoned personal property satisfies the requirements of s.
  7  715.104:
  8
  9         Notice of Right to Reclaim Abandoned Property
10         To:  ...(Name)...
11    ...(Address)...
12         When ...(name of former tenant)... vacated the premises
13  at ...(address of premises, including room or apartment
14  number, if any)..., the following personal property remained:
15  ...(insert description of personal property)....
16         If you own any of this property, you may claim it at
17  ...(address where property may be claimed)....  Unless you pay
18  the reasonable costs of storage and advertising, if any, and
19  take possession of the property to which you are entitled, not
20  later than ...(insert date not fewer than 10 days after notice
21  is personally delivered or, if mailed, not fewer than 15 days
22  after notice is deposited in the mail)..., this property may
23  be disposed of pursuant to s. 715.109.
24         (Insert here the statement required by subsection (2))
25         Dated:....                ...(Signature of landlord)...
26         ...(Type or print name of landlord)...
27         ...(Telephone number)...
28         ...(Address)...
29
30         (2)  The notice set forth in subsection (1) shall also
31  contain one of the following statements:
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    Florida Senate - 2001                            CS for SB 838
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  1         (a)  "If you fail to reclaim the property, it will be
  2  sold at a public sale after notice of the sale has been given
  3  by publication.  You have the right to bid on the property at
  4  this sale.  After the property is sold and the costs of
  5  storage, advertising, and sale are deducted, the remaining
  6  money will be paid over to the county.  You may claim the
  7  remaining money at any time within 1 year after the county
  8  receives the money."
  9         (b)  "Because this property is believed to be worth
10  less than $500 $250, it may be kept, sold, or destroyed
11  without further notice if you fail to reclaim it within the
12  time indicated above."
13         Section 6.  Subsection (1) of section 715.109, Florida
14  Statutes, is amended to read:
15         715.109  Sale or disposition of abandoned property.--
16         (1)  If the personal property described in the notice
17  is not released pursuant to s. 715.108, it shall be sold at
18  public sale by competitive bidding.  However, if the landlord
19  reasonably believes that the total resale value of the
20  property not released is less than $500 $250, she or he may
21  retain such property for her or his own use or dispose of it
22  in any manner she or he chooses.  Nothing in this section
23  shall be construed to preclude the landlord or tenant from
24  bidding on the property at the public sale.  The successful
25  bidder's title is subject to ownership rights, liens, and
26  security interests which have priority by law.
27         Section 7.  This act shall take effect July 1, 2001.
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    Florida Senate - 2001                            CS for SB 838
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 838
  3
  4  Adds an exemption to s. 475.011, F.S., which pertains to
    activities not deemed to be the unlicensed practice of real
  5  estate brokering or selling, to allow apartment complex
    residents, and apartment complex or property management
  6  company employees, to receive referral fees from property
    management firms or apartment owners not to exceed $50 per
  7  transaction for the referral of new residents to an apartment
    complex.
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