Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 524
       
       
       
       
       
       
                                Ì552604ÅÎ552604                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/07/2015           .                                
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       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.