Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 524 Ì552604ÅÎ552604 LEGISLATIVE ACTION Senate . House Comm: WD . 04/07/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Smith) recommended the following: 1 Senate Amendment to Amendment (707930) (with title 2 amendment) 3 4 Delete line 56 5 and insert: 6 Section 2. Effective January 1, 2016, section 83.491, 7 Florida Statutes, is created to read: 8 83.491 Insurance requirement.— 9 (1) As to a written residential rental agreement under this 10 part which is entered into or renewed on or after January 1, 11 2016: 12 (a) If the rental agreement requires the tenant to obtain a 13 tenant’s insurance policy that covers loss or damage to personal 14 property, the rental agreement must include a statement in 15 substantially the following form: 16 17 TENANT’S INSURANCE REQUIRED 18 19 A landlord is generally not liable for loss or damage to your 20 personal property. This rental agreement requires you to 21 purchase and maintain a tenant’s insurance policy that covers 22 loss or damage to your personal property from a company of your 23 choice. 24 25 (b) If the rental agreement does not require the tenant to 26 obtain a tenant’s insurance policy that covers loss or damage to 27 personal property, the rental agreement must include a statement 28 in substantially the following form: 29 30 LANDLORD’S LIABILITY; TENANT’S INSURANCE 31 32 A landlord is generally not liable for loss or damage to your 33 personal property. This rental agreement does not require you to 34 purchase or maintain a tenant’s insurance policy. However, you 35 should consider purchasing a tenant’s insurance policy that 36 covers loss or damage to your personal property from a company 37 of your choice. 38 39 (2) The notice required by subsection (1) must be in a type 40 size that is at least as large as the type size in the majority 41 of the agreement and must be separately initialed by the tenant. 42 (3) An unwritten agreement or an agreement that fails to 43 include the required notice creates a presumption that the 44 tenant is not required to have an insurance policy that covers 45 loss or damage to personal property. 46 (4) A tenant does not have a cause of action against a 47 landlord as a result of the landlord’s failure to enforce an 48 insurance requirement. A person is not deemed to be a third 49 party beneficiary of a requirement to purchase tenant’s 50 insurance. 51 Section 3. Section 83.491, Florida Statutes, as created by 52 this act, applies to a residential lease under part II of 53 chapter 83, Florida Statutes, which is entered into on or after 54 January 1, 2016. 55 Section 4. Except as otherwise expressly provided in this 56 act, this act shall take effect upon becoming a law. 57 58 ================= T I T L E A M E N D M E N T ================ 59 And the title is amended as follows: 60 Delete lines 75 - 76 61 and insert: 62 exceptions; providing for construction; creating s. 63 83.491, F.S.; requiring a written residential rental 64 agreement to include a statement specifying whether 65 insurance coverage is required; providing a form for 66 such statement; providing notice requirements; 67 limiting the scope to written rental agreements; 68 prohibiting a cause of action relating to a landlord’s 69 failure to enforce an insurance requirement; providing 70 applicability; providing effective dates.