Florida Senate - 2022                       CS for CS for SB 884
       
       
        
       By the Committees on Community Affairs; and Judiciary; and
       Senator Boyd
       
       
       
       
       578-02646-22                                           2022884c2
    1                        A bill to be entitled                      
    2         An act relating to fees in lieu of security deposits;
    3         creating s. 83.491, F.S.; authorizing a landlord to
    4         offer a tenant the option to pay a fee in lieu of a
    5         security deposit; requiring the landlord to provide
    6         certain written notice to the tenant; requiring a
    7         written agreement signed by the landlord, or the
    8         landlord’s agent, and the tenant if the tenant decides
    9         to pay a fee in lieu of the security deposit;
   10         requiring a specified disclosure in the written
   11         agreement; providing options for paying the fee;
   12         specifying that certain fees, insurance products, and
   13         surety bonds are not security deposits; specifying
   14         that landlords have exclusive discretion as to whether
   15         to offer tenants the option to pay a fee in lieu of a
   16         security deposit; requiring that landlords who offer a
   17         tenant the fee option offer such option to all new
   18         tenants renting a dwelling unit on the same premises,
   19         except in certain circumstances; providing an
   20         exception; providing construction; providing
   21         applicability; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 83.491, Florida Statutes, is created to
   26  read:
   27         83.491Fee in lieu of security deposit.—
   28         (1)If a rental agreement requires a security deposit, a
   29  landlord may offer a tenant the option to pay a fee in lieu of
   30  the security deposit.
   31         (2)If a landlord offers a tenant the option to pay a fee
   32  in lieu of a security deposit, the landlord must notify the
   33  tenant in writing of all of the following:
   34         (a)That the tenant has the option to pay a security
   35  deposit instead of the fee.
   36         (b)That the tenant may, at any time, terminate the
   37  agreement to pay the fee in lieu of the security deposit and
   38  instead pay a security deposit in the amount that is otherwise
   39  offered to new tenants for a substantially similar dwelling unit
   40  on the date that the tenant terminates the agreement.
   41         (c)Whether any additional charges apply for the options
   42  provided in paragraphs (a) and (b).
   43         (3)(a)If a tenant decides to pay a fee in lieu of a
   44  security deposit, a written agreement to collect the fee must be
   45  signed by the landlord, or the landlord’s agent, and the tenant.
   46  The written agreement must, at a minimum, specify the amount of
   47  the fee and how and when the fee is to be collected.
   48         (b)The written agreement specified under paragraph (a)
   49  must also include a disclosure in substantially the following
   50  form:
   51  
   52                   FEE IN LIEU OF SECURITY DEPOSIT                 
   53  THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY BOTH PARTIES
   54  AND THE TENANT AGREES TO PAY THE LANDLORD A FEE IN LIEU OF A
   55  SECURITY DEPOSIT AS AUTHORIZED UNDER SECTION 83.491, FLORIDA
   56  STATUTES. THIS FEE IS NOT A SECURITY DEPOSIT AND PAYMENT OF THE
   57  FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIGATIONS UNDER THE
   58  RENTAL AGREEMENT, INCLUDING THE OBLIGATION TO PAY RENT AS IT
   59  BECOMES DUE AND ANY COSTS AND DAMAGES BEYOND NORMAL WEAR AND
   60  TEAR THAT THE TENANT OR HIS OR HER GUESTS MAY CAUSE. THE TENANT
   61  MAY TERMINATE THIS AGREEMENT AT ANY TIME AND STOP PAYING THE FEE
   62  AND INSTEAD PAY A SECURITY DEPOSIT AS PROVIDED IN SECTION
   63  83.491, FLORIDA STATUTES.
   64  
   65  THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83,
   66  FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND
   67  OBLIGATIONS.
   68  
   69         (4)A fee in lieu of a security deposit may be:
   70         (a)A recurring monthly fee, payable on the same date that
   71  the rent payment is due under the rental agreement; or
   72         (b)Payable upon a schedule that the landlord and tenant
   73  choose and as specified in the written agreement.
   74         (5)A fee collected under this section, an insurance
   75  product, or a surety bond accepted by a landlord in lieu of a
   76  security deposit is not a security deposit as defined in s.
   77  83.43(12).
   78         (6)A landlord has exclusive discretion as to whether to
   79  offer tenants the option to pay a fee in lieu of a security
   80  deposit and is not required to offer such fee option to tenants.
   81  However, if a landlord offers a tenant an option to pay a fee in
   82  lieu of a security deposit, the landlord must also offer all new
   83  tenants renting a dwelling unit on the same premises the option
   84  to pay a fee in lieu of a security deposit, unless the landlord
   85  chooses to prospectively terminate the fee option for all new
   86  leases.
   87         (7)This section does not prohibit a tenant from being
   88  offered or sold an insurance product or a surety bond to present
   89  to the landlord in lieu of a security deposit if the offer or
   90  sale of such insurance product or surety bond complies with the
   91  laws of this state. Acceptance by a landlord of an insurance
   92  product or a surety bond that is purchased or procured by a
   93  tenant, a landlord, or an agent of the landlord may not be
   94  considered an offer on the part of the landlord to allow a
   95  tenant to pay a fee in lieu of a security deposit for the
   96  purposes of subsection (6).
   97         (8)This section applies to rental agreements entered into
   98  or renewed on or after July 1, 2022.
   99         Section 2. This act shall take effect July 1, 2022.