Bill Text: FL S0802 | 2021 | Regular Session | Introduced

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Bill Title: Security Deposits for Dwelling Units

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-04-30 - Died in Judiciary [S0802 Detail]

Download: Florida-2021-S0802-Introduced.html

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       Florida Senate - 2021                                     SB 802
       
       
        
       By Senator Taddeo
       
       
       
       
       
       40-00542B-21                                           2021802__
    1                        A bill to be entitled                      
    2         An act relating to security deposits for dwelling
    3         units; amending s. 83.49, F.S.; requiring certain
    4         landlords, upon request, to provide prospective
    5         tenants with the option of purchasing specified rental
    6         security insurance in lieu of the tenant paying the
    7         required security deposit; amending ss. 83.56 and
    8         83.63, F.S.; conforming cross-references; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Present subsections (1) through (9) of section
   14  83.49, Florida Statutes, are redesignated as subsections (2)
   15  through (10), respectively, a new subsection (1) is added to
   16  that section, and paragraph (a) of present subsection (3) and
   17  present subsections (4), (5), and (7) of that section are
   18  amended, to read:
   19         83.49 Deposit money or advance rent; duty of landlord and
   20  tenant.—
   21         (1) Upon request, a landlord who requires a security
   22  deposit must offer a prospective tenant the option of purchasing
   23  rental security insurance that meets all of the following
   24  requirements in lieu of paying the required security deposit:
   25         (a) The provider of the insurance must be licensed under
   26  chapter 626.
   27         (b) The policy must provide coverage for the duration of
   28  the tenancy.
   29         (c) The coverage provided per claim must be equal to the
   30  amount of the security deposit required by the landlord.
   31         (4)(3) The landlord or the landlord’s agent may disburse
   32  advance rents from the deposit account to the landlord’s benefit
   33  when the advance rental period commences and without notice to
   34  the tenant. For all other deposits:
   35         (a) Upon the vacating of the premises for termination of
   36  the lease, if the landlord does not intend to impose a claim on
   37  the security deposit, the landlord shall have 15 days to return
   38  the security deposit together with interest if otherwise
   39  required, or the landlord shall have 30 days to give the tenant
   40  written notice by certified mail to the tenant’s last known
   41  mailing address of his or her intention to impose a claim on the
   42  deposit and the reason for imposing the claim. The notice shall
   43  contain a statement in substantially the following form:
   44  
   45         This is a notice of my intention to impose a claim for
   46  damages in the amount of .... upon your security deposit, due to
   47  ..... It is sent to you as required by s. 83.49(4) s. 83.49(3),
   48  Florida Statutes. You are hereby notified that you must object
   49  in writing to this deduction from your security deposit within
   50  15 days from the time you receive this notice or I will be
   51  authorized to deduct my claim from your security deposit. Your
   52  objection must be sent to ...(landlord’s address)....
   53  
   54  If the landlord fails to give the required notice within the 30
   55  day period, he or she forfeits the right to impose a claim upon
   56  the security deposit and may not seek a setoff against the
   57  deposit but may file an action for damages after return of the
   58  deposit.
   59         (5)(4) The provisions of this section do not apply to
   60  transient rentals by hotels or motels as defined in chapter 509;
   61  nor do they apply in those instances in which the amount of rent
   62  or deposit, or both, is regulated by law or by rules or
   63  regulations of a public body, including public housing
   64  authorities and federally administered or regulated housing
   65  programs, including s. 202, s. 221(d)(3) and (4), s. 236, or s.
   66  8 of the National Housing Act, as amended, other than for rent
   67  stabilization. With the exception of subsections (4), (6), and
   68  (7) subsections (3), (5), and (6), this section is not
   69  applicable to housing authorities or public housing agencies
   70  created pursuant to chapter 421 or other statutes.
   71         (6)(5) Except when otherwise provided by the terms of a
   72  written lease, any tenant who vacates or abandons the premises
   73  prior to the expiration of the term specified in the written
   74  lease, or any tenant who vacates or abandons premises which are
   75  the subject of a tenancy from week to week, month to month,
   76  quarter to quarter, or year to year, shall give at least 7 days’
   77  written notice by certified mail or personal delivery to the
   78  landlord prior to vacating or abandoning the premises which
   79  notice shall include the address where the tenant may be
   80  reached. Failure to give such notice shall relieve the landlord
   81  of the notice requirement of paragraph (4)(a) (3)(a) but shall
   82  not waive any right the tenant may have to the security deposit
   83  or any part of it.
   84         (8)(7) Upon the sale or transfer of title of the rental
   85  property from one owner to another, or upon a change in the
   86  designated rental agent, any and all security deposits or
   87  advance rents being held for the benefit of the tenants shall be
   88  transferred to the new owner or agent, together with any earned
   89  interest and with an accurate accounting showing the amounts to
   90  be credited to each tenant account. Upon the transfer of such
   91  funds and records to the new owner or agent, and upon
   92  transmittal of a written receipt therefor, the transferor is
   93  free from the obligation imposed in subsection (2) subsection
   94  (1) to hold such moneys on behalf of the tenant. There is a
   95  rebuttable presumption that any new owner or agent received the
   96  security deposit from the previous owner or agent; however, this
   97  presumption is limited to 1 month’s rent. This subsection does
   98  not excuse the landlord or agent for a violation of other
   99  provisions of this section while in possession of such deposits.
  100         Section 2. Subsection (6) of section 83.56, Florida
  101  Statutes, is amended to read:
  102         83.56 Termination of rental agreement.—
  103         (6) If the rental agreement is terminated, the landlord
  104  shall comply with s. 83.49(4) s. 83.49(3).
  105         Section 3. Section 83.63, Florida Statutes, is amended to
  106  read:
  107         83.63 Casualty damage.—If the premises are damaged or
  108  destroyed other than by the wrongful or negligent acts of the
  109  tenant so that the enjoyment of the premises is substantially
  110  impaired, the tenant may terminate the rental agreement and
  111  immediately vacate the premises. The tenant may vacate the part
  112  of the premises rendered unusable by the casualty, in which case
  113  the tenant’s liability for rent shall be reduced by the fair
  114  rental value of that part of the premises damaged or destroyed.
  115  If the rental agreement is terminated, the landlord shall comply
  116  with s. 83.49(4) s. 83.49(3).
  117         Section 4. This act shall take effect July 1, 2021.