My tenant has remained as a holdover tenant and refuses to leave. Does he still get his security deposit? (eviction in process)

Unless the lease provides to the contrary, rent, holding over, and the security deposit are all separate issues. The security deposit is security for damage to the property and cannot be useed for any other purpose unless the lease so provides. The good news is that the tenant will owe double rent for the hold over period. The bad news is that if you get a judgment against the tenant, you may have trouble collecting the money. If you are unsure of your rights, you should consult an experienced real estate lawyer in your area.

Florida statutes allows a landlord to make a claim against the security deposit for unpaid rent, charges due under the lease and damage to the property provided that you comply with the requirements of the statute including but not limited to the strict notice requirements. Also if your eviction complaint includes a count for money damages and if you are successful in obtaining a judgment for those money damages, the judgment should apply the security deposit towards the amount owed by the tenant. It sounds like you should consult with an experienced landlord tenant attorney to pursue this eviction and help you obtain a money judgment and then try to collect on that judgment. As a landlord and an attorney, I know first hand that there are many tenant's that intentionally stay without paying rent as long as they can and the only way to remove them is to complete the judicial eviction process. I recommend that you obtain legal advice to avoid having to return the security deposit and to help you prevail on your eviction. Good luck!

Without repeating what the others have said, Florida Statute 83.49 governs the requirements of security deposits, and 83.58 governs holdover tenants. If you intend to make a claim against the security deposit, you need to provide written notice within 30 days after the tenant vacates the unit.