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PCS for HB 1305 — Residential Tenancies (Commerce Committee, 2024)

Summary

Proposed committee substitute PCS for HB 1305, marked ORIGINAL (2024), a bill to be entitled An act relating to residential tenancies. It adds a definition of Florida financial institution to section 83.43, Florida Statutes: a bank, credit union, trust company, savings bank, or savings or thrift association insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. Section 83.49 is amended so that a landlord who holds a tenant's deposit or advance rent in a separate account, whether non-interest-bearing or interest-bearing, holds it in a Florida financial institution instead of a Florida banking institution. Cross-references in sections 83.491 and 553.895 are conformed, and the act takes effect upon becoming a law.

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Cite this document

“PCS for HB 1305 — Residential Tenancies (Commerce Committee, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3220-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-59056be501/, SHA-256 26f567cf044a34d37bafbd124083613dcd30803e2925c76efb48c34142133530.

Full text

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           PCS for HB 1305                            ORIGINAL                                                  2024




    1                                         A bill to be entitled
    2              An act relating to residential tenancies; amending s.
    3              83.43, F.S.; defining the term “Florida financial
    4              institution” for purposes of Part II of ch. 83, F.S.;
    5              amending s. 83.49, F.S.; conforming references to the
    6              term to changes made by the act; specifying that
    7              required deposits may be held in a Florida financial
    8              institution; amending ss. 83.491 and 553.895, F.S.;
    9              conforming cross-references to changes made by the
10                 act; providing an effective date.
11
12         Be It Enacted by the Legislature of the State of Florida:
13
14                 Section 1.         Subsections (7) through (17) of section 83.43,
15         Florida Statutes, are renumbered as subsections (8) through
16         (18), respectively, and a new subsection (7) is added to that
17         section to read:
18                 83.43       Definitions.—As used in this part, the following
19         words and terms shall have the following meanings unless some
20         other meaning is plainly indicated:
21                 (7)       “Florida financial institution” means a bank, cred it
22         union, trust company, savings bank, or savings or thrift
23         association doing business under the authority of a charter
24         issued by the United States, this state, or any other state
25         which is authorized to transact business in this state and whose

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        PCS for HB 1305                            ORIGINAL                                                  2024




26      deposits or share accounts are insured by the Federal Deposit
27      Insurance Corporation or the National Credit Union Share
28      Insurance Fund.
29              Section 2.         Paragraphs (a) and (b) of subsection (1) of
30      section 83.49, Florida Statutes, are amended to read:
31              83.49         Deposit money or advance rent; duty of landlord and
32      tenant.—
33              (1)         Whenever money is deposited or advanced by a tenant on
34      a rental agreement as security for performance of the rental
35      agreement or as advance rent for other than the next immediate
36      rental period, the landlord or the landlord's agent shall
37      either:
38              (a)         Hold the total amount of such money in a separate non -
39      interest-bearing account in a Florida financial banking
40      institution for the benefit of the tenant or tenants. The
41      landlord shall not commingle such moneys with any other funds of
42      the landlord or hypothecate, pledge, or in any other way make
43      use of such moneys until such moneys are actually due the
44      landlord;
45              (b)         Hold the total amount of such money in a separate
46      interest-bearing account in a Florida financial banking
47      institution for the benefit of the tenant or tenants, in which
48      case the tenant shall receive and collect interest in an amount
49      of at least 75 percent of the annualized average interest rate
50      payable on such account or interest at the rate of 5 percent per

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        PCS for HB 1305                            ORIGINAL                                                  2024




51      year, simple interest, whichever the landlord elects. The
52      landlord shall not commingle such moneys with any other funds of
53      the landlord or hypothecate, pledge, or in any other way make
54      use of such moneys until such moneys are actually due the
55      landlord; or
56              Section 3.         Subsection (6) of section 83.491, Florida
57      Statutes, is amended to read:
58              83.491        Fee in lieu of security deposit.—
59              (6)         A fee collected under this section, or an insurance
60      product or a surety bond accepted, by a landlord in lie u of a
61      security deposit is not a security deposit as defined in s.
62      83.43(13) s. 83.43(12).
63              Section 4.         Subsection (1) of section 553.895, Florida
64      Statutes, is amended to read:
65              553.895        Firesafety.—
66              (1)         Any transient public lodging establishment, as defined
67      in chapter 509 and used primarily for transient occupancy as
68      defined in s. 83.43(18) s. 83.43(17), or any timeshare unit of a
69      timeshare plan as defined in chapters 718 and 721, which is of
70      three stories or more and for which the construction contract
71      has been let after September 30, 1983, with interior corridors
72      which do not have direct access from the guest area to exterior
73      means of egress and on buildings over 75 feet in height that
74      have direct access from the guest area to exterior means of
75      egress and for which the construction contract has been let

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        PCS for HB 1305                            ORIGINAL                                                  2024




76      after September 30, 1983, shall be equipped with an automatic
77      sprinkler system installed in compliance with the provisions
78      prescribed in the National Fire Protection Association
79      publication NFPA No. 13 (1985), "Standards for the Installation
80      of Sprinkler Systems." Each guest room and each timeshare unit
81      shall be equipped with an approved listed single-station smoke
82      detector meeting the minimum requirements of NFPA 74 (1984)
83      "Standards for the Installation, Maintenance and Use of
84      Household Fire Warning Equipment," powered from the building
85      electrical service, notwithstanding the number of stories in the
86      structure, if the contract for construction is let after
87      September 30, 1983. Single-station smoke detectors shall not be
88      required when guest rooms or timeshare units contain smoke
89      detectors connected to a central alarm system which also alarms
90      locally.
91              Section 5.         This act shall take effect upon becoming a law.




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