Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 494
       
       
       
       
       
       
                                Ì689512+Î689512                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             04/28/2023 10:12 AM       .                                
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       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