Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS for SB 494 Ì689512+Î689512 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 04/28/2023 10:12 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator DiCeglie moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 40 - 104 4 and insert: 5 (1)(a) If a rental agreement requires a security deposit, a 6 landlord may offer a tenant the option to pay a fee in lieu of a 7 security deposit. 8 (b) A landlord may provide a tenant the option of paying a 9 security deposit in monthly installments in an amount that is 10 agreed upon between the tenant and the landlord while 11 participating in the fee program. 12 (2)(a) If a tenant agrees to pay a fee in lieu of a 13 security deposit, the landlord must notify the tenant within 30 14 days after the conclusion of the tenancy if there are any costs 15 or fees due resulting from unpaid rent, fees, or other 16 obligations under the rental agreement, including, but not 17 limited to, costs required for repairing damage to the premises 18 beyond normal wear and tear. 19 (b) A landlord may not submit a claim to an insurer to 20 recover the landlord’s losses associated with unpaid rent, fees, 21 or other obligations under the rental agreement, including, but 22 not limited to, costs required for repairing damage to the 23 premises beyond normal wear and tear until at least 15 days 24 after providing the tenant with the required notice under 25 paragraph (a). 26 1. The landlord must include an itemized list of any unpaid 27 amounts and the dates such amounts were due, documentation 28 supporting any itemized damages and costs of repairs, and a copy 29 of any written objection or report of any communication of 30 objection by the tenant when the landlord submits a claim to an 31 insurer. 32 2. If an insurer pays a claim that was submitted under this 33 subsection to a landlord and the insurer has subrogation rights, 34 the insurer may, within 1 year after the tenancy that was the 35 subject of the claim ends, seek reimbursement from the tenant 36 for the amounts paid to the landlord. If the insurer seeks 37 reimbursement from the tenant, the following apply: 38 a. The insurer must provide the tenant with all 39 documentation for losses which the landlord provided to the 40 insurer in support of the landlord’s claim and a copy of the 41 settlement statement documenting the insurer’s payment of the 42 landlord’s claim. 43 b. The tenant retains any defenses against the insurer 44 which the tenant would otherwise have against the landlord. 45 3. A landlord may not accept payment from both a tenant and 46 an insurer for amounts associated with the same rent, fees, or 47 damages. 48 (3) If a landlord offers a tenant the option to pay a fee 49 in lieu of a security deposit, the landlord must notify the 50 tenant in writing of all of the following: 51 (a) That the tenant has the option to pay a security 52 deposit instead of the fee at any time. 53 (b) That the tenant may, at any time, terminate the 54 agreement to pay the fee in lieu of the security deposit and 55 instead pay a security deposit as listed in a rental agreement 56 between the landlord and tenant or, if a security deposit was 57 not agreed upon in a rental agreement between the landlord and 58 tenant, in the amount that is otherwise offered to new tenants 59 for a substantially similar dwelling unit on the date that the 60 tenant terminates the agreement. 61 (c) That, if agreed to by the landlord, the tenant may pay 62 the security deposit in monthly installments in an amount that 63 is agreed upon between the landlord and tenant while 64 participating in the fee program. 65 (d) Whether any additional charges apply for the options 66 provided in paragraphs (a) and (b). 67 (e) The amount of the payments required for each option the 68 landlord offers. 69 (f) That the fee is nonrefundable, if applicable. 70 (g) That the fee is only for securing occupancy without 71 paying a required security deposit. 72 (h) That the fee payment does not limit or change the 73 tenant’s obligation to pay rent and fees, if any, under the 74 rental agreement or limit or change the tenant’s obligation to 75 pay the costs of repairing damage to the premises beyond normal 76 wear and tear. 77 (i) That if the landlord uses any portion of the fee to 78 79 ================= T I T L E A M E N D M E N T ================ 80 And the title is amended as follows: 81 Delete line 5 82 and insert: 83 security deposit; authorizing a landlord to offer a 84 tenant the option to pay the security deposit in a 85 specified manner; requiring the landlord to notify the