2023 Session Update: Week 7

Florida Landlord Tenant Act Protections Advance in Senate and House

On Tuesday, April 11, the House Judiciary Committee voted 14-7 to advance HB 1417 (Esposito), which now awaits consideration on the House floor. Similarly, the Senate companion bill, SB 1586 (Trumbull) is in its final committee stop, Rules. The bill will be up for consideration at the Monday, April 24 committee meeting.

Another key priority for the apartment industry, this legislation would amend Chapter 83, Florida's Landlord Tenant Act, to preempt the regulation of the landlord/tenant relationship to the state to ensure a consistent framework of landlord/tenant law across Florida. This includes but is not limited to the resident screening process, security deposits, and lease agreements.

Fire Radio System Requirements Pass Final Committee Stops

On April 17, the House Commerce Committee voted 16-0 to advance HB 1575 (Brackett), FAA's priority legislation related to fire radio communication requirements. During the commerce committee meeting, an amendment to HB 1575 was adopted, further clarifying the requirements of two-way radio communication system enhancements. Similarly, on April 19, the Senate Rules Committee voted 19-0 to advance the companion bill, SB 1614 (Rodriguez).

This legislation includes key provisions that would:

• Require local governments' fire radio systems to meet the minimum standard in the National Fire Protection Association (NFPA) guidelines before they can require buildings to install signal amplification equipment.
• Require inspections of this equipment to occur not more than once every three years for high-rise buildings.
• Prevent local jurisdictions from withholding certificates of occupancy.
• Provide buildings with 180 days to cure any signal strength issues after a temporary certificate of occupancy has been issued.
• Provide buildings required to retrofit two-way radio communications enhancement systems with at least one (1) year to complete the retrofit.

Fees in Lieu of Security Deposits Passed by House, Advances in Senate

On April 19, the Senate Rules Committee voted 14-5 to advance SB 494 (DiCeglie). The bill now awaits consideration on the Senate floor. On April 20, by an 89-22 vote, the House passed the House companion bill, HB 133 (Mooney). On the House floor, an amendment to HB 133 was adopted allowing landlords to provide tenants with the option of paying a security deposit in monthly installments while participating in the fee program. It is important to note that SB 494 has not been amended to match its House companion bill at this time.

This legislation would:

• Establish statutory requirements related to security deposit alternatives. 
• Authorize, but not require, the use of security deposit alternatives.
• Require landlords who offer this option to provide the tenant with written notice that includes specific information; for example, if insurance is purchased using the fee, the tenant is not relieved of any obligation to pay fees or costs associated with damage to the unit. 
• Require landlords to allow tenants to terminate the fee option at any time if they are able to pay the security deposit in full.

Questions, comments, or concerns? 

Please e-mail Amanda White, Vice President of Government Relations & Research.