Florida Senate - 2015 SB 666 By Senator Gibson 9-00390A-15 2015666__ 1 A bill to be entitled 2 An act relating to residential tenant insurance 3 policies; creating s. 83.491, F.S.; requiring a 4 written residential rental agreement to include a 5 statement specifying whether insurance coverage is 6 required; providing a form for such statement; 7 providing notice requirements; limiting the scope to 8 written rental agreements; prohibiting a cause of 9 action relating to a landlord’s failure to enforce an 10 insurance requirement; providing applicability; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 83.491, Florida Statutes, is created to 16 read: 17 83.491 Insurance requirement.— 18 (1) As to a written residential rental agreement under this 19 part which is entered into or renewed on or after January 1, 20 2016: 21 (a) If the rental agreement requires the tenant to obtain a 22 tenant’s insurance policy that covers loss or damage to personal 23 property, the rental agreement must include a statement in 24 substantially the following form: 25 26 TENANT’S INSURANCE REQUIRED 27 28 A landlord is generally not liable for loss or damage to your 29 personal property. This rental agreement requires you to 30 purchase and maintain a tenant’s insurance policy that covers 31 loss or damage to your personal property from a company of your 32 choice. 33 34 (b) If the rental agreement does not require the tenant to 35 obtain a tenant’s insurance policy that covers loss or damage to 36 personal property, the rental agreement must include a statement 37 in substantially the following form: 38 39 LANDLORD LIABILITY; TENANT’S INSURANCE 40 41 A landlord is generally not liable for loss or damage to your 42 personal property. This rental agreement does not require you to 43 purchase or maintain a tenant’s insurance policy. However, you 44 should consider purchasing a tenant’s insurance policy that 45 covers loss or damage to your personal property from a company 46 of your choice. 47 48 (2) The notice required by subsection (1) must be in a type 49 size that is at least as large as the type size in the majority 50 of the agreement and must be separately initialed by the tenant. 51 (3) An unwritten agreement or an agreement that fails to 52 include the required notice creates a presumption that the 53 tenant is not required to have an insurance policy that covers 54 loss or damage to personal property. 55 (4) A tenant does not have a cause of action against a 56 landlord as a result of the landlord’s failure to enforce an 57 insurance requirement. A person is not deemed to be a third 58 party beneficiary of a requirement to purchase tenant’s 59 insurance. 60 Section 2. This act applies to a residential lease under 61 part II of chapter 83, Florida Statutes, which is entered into 62 on or after the effective date of this act. 63 Section 3. This act shall take effect January 1, 2016.