Florida Senate - 2025                              CS for SB 948
       
       
        
       By the Committee on Judiciary; and Senator Bradley
       
       
       
       
       
       590-02311-25                                           2025948c1
    1                        A bill to be entitled                      
    2         An act relating to flood disclosures; creating s.
    3         83.512, F.S.; requiring a landlord of residential real
    4         property to provide specified information to a
    5         prospective tenant at or before the time the rental
    6         agreement is executed; specifying how such information
    7         must be disclosed; defining the term “flooding”;
    8         providing that if a landlord fails to disclose flood
    9         information truthfully and a tenant suffers
   10         substantial loss or damage, the tenant may terminate
   11         the rental agreement by giving a written notice of
   12         termination to the landlord within a specified
   13         timeframe; defining the term “substantial loss”;
   14         requiring a landlord to refund the tenant all amounts
   15         paid in advance for any period after the effective
   16         date of the termination of the rental agreement;
   17         providing that a tenant is still liable for any sum
   18         owed to the landlord before the termination of the
   19         rental agreement; amending s. 689.302, F.S.; revising
   20         the flood information that must be disclosed to
   21         prospective purchasers of residential real property;
   22         amending s. 718.503, F.S.; requiring a developer of a
   23         residential condominium unit to provide specified
   24         information to a prospective purchaser at or before
   25         the time the sales contract is executed; specifying
   26         how such information must be disclosed; defining the
   27         term “flooding”; amending s. 719.503, F.S.; requiring
   28         a developer of a residential condominium unit to
   29         provide specified information to a prospective
   30         purchaser at or before the time the sales contract is
   31         executed; specifying how such information must be
   32         disclosed; defining the term “flooding”; amending s.
   33         723.011, F.S.; requiring a park owner of a mobile home
   34         park to provide specified information to a prospective
   35         lessee at or before the time the rental agreement is
   36         executed; specifying how such information must be
   37         disclosed; defining the term “flooding”; providing
   38         that if a park owner fails to disclose flood
   39         information truthfully and a lessee suffers
   40         substantial loss or damage, the lessee may terminate
   41         the rental agreement by giving a written notice of
   42         termination to the park owner within a specified
   43         timeframe; defining the term “substantial loss”;
   44         requiring a park owner to refund the lessee all
   45         amounts paid in advance for any period after the
   46         effective date of the termination of the rental
   47         agreement; providing that a lessee is still liable for
   48         any sum owed to the park owner before the termination
   49         of the rental agreement; providing an effective date.
   50          
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Section 83.512, Florida Statutes, is created to
   54  read:
   55         83.512Disclosure of flood risks to prospective tenant of
   56  residential real property.—
   57         (1)A landlord must complete and provide a flood disclosure
   58  to a prospective tenant of residential real property at or
   59  before the execution of a rental agreement for a term of 1 year
   60  or longer. The flood disclosure must be in a separate document.
   61  The flood disclosure must be made in substantially the following
   62  form:
   63  
   64                          FLOOD DISCLOSURE                         
   65         Flood Insurance: Renters’ insurance policies do not
   66         include coverage for damage resulting from floods.
   67         Tenant is encouraged to discuss the need to purchase
   68         separate flood insurance coverage with Tenant’s
   69         insurance agent.
   70         1.Landlord has .... has no .... knowledge of any
   71         flooding that has damaged any portion of the property
   72         or any structure on the property during Landlord’s
   73         ownership of the property.
   74         2.Landlord has .... has not .... filed a claim
   75         with an insurance provider relating to flood damage on
   76         the property, including, but not limited to, a claim
   77         with the National Flood Insurance Program.
   78         3.Landlord has .... has not .... received
   79         assistance for flood damage to the property,
   80         including, but not limited to, assistance from the
   81         Federal Emergency Management Agency.
   82         4.For the purposes of this disclosure, the term
   83         “flooding” means a general or temporary condition of
   84         partial or complete inundation of the property caused
   85         by any of the following:
   86         a.The overflow of inland or tidal waters.
   87         b.The unusual and rapid accumulation of runoff
   88         or surface waters from any established water source,
   89         such as a river, stream, or drainage ditch.
   90         c.Sustained periods of standing water resulting
   91         from rainfall.
   92  
   93         (2)If a landlord violates this section and a tenant
   94  suffers a substantial loss or damage to the tenant’s personal
   95  property as a result of flooding, the tenant may terminate the
   96  rental agreement by giving a written notice of termination to
   97  the landlord no later than 30 days after the date of the damage
   98  or loss. Termination of a rental agreement under this section is
   99  effective upon the tenant surrendering possession of the
  100  property. For the purpose of this section, the term “substantial
  101  loss or damage” means the total cost of repairs to or
  102  replacement of the personal property is 50 percent or more of
  103  the personal property’s market value on the date the flooding
  104  occurred.
  105         (3)A landlord shall refund the tenant all rent or other
  106  amounts paid in advance under the rental agreement for any
  107  period after the effective date of the termination of the rental
  108  agreement.
  109         (4)This section does not affect a tenant’s liability for
  110  delinquent, unpaid rent or other sums owed to the landlord
  111  before the date the rental agreement was terminated by the
  112  tenant under this section.
  113         Section 2. Section 689.302, Florida Statutes, is amended to
  114  read:
  115         689.302 Disclosure of flood risks to prospective
  116  purchaser.—A seller must complete and provide a flood disclosure
  117  to a purchaser of residential real property at or before the
  118  time the sales contract is executed. The flood disclosure must
  119  be made in the following form:
  120  
  121                          FLOOD DISCLOSURE                         
  122         Flood Insurance: Homeowners’ insurance policies do not
  123         include coverage for damage resulting from floods.
  124         Buyer is encouraged to discuss the need to purchase
  125         separate flood insurance coverage with Buyer’s
  126         insurance agent.
  127         (1) Seller has  has no  knowledge of any
  128         flooding that has damaged any portion of the property
  129         or any structure on the property during Seller’s
  130         ownership of the property.
  131         (2) Seller has ☐ has not ☐ filed a claim with an
  132         insurance provider relating to flood damage on the
  133         property, including, but not limited to, a claim with
  134         the National Flood Insurance Program.
  135         (3)(2) Seller has ☐ has not ☐ received federal
  136         assistance for flood damage to the property,
  137         including, but not limited to, assistance from the
  138         Federal Emergency Management Agency.
  139         (4)(3) For the purposes of this disclosure, the
  140         term “flooding” means a general or temporary condition
  141         of partial or complete inundation of the property
  142         caused by any of the following:
  143         (a) The overflow of inland or tidal waters.
  144         (b) The unusual and rapid accumulation of runoff
  145         or surface waters from any established water source,
  146         such as a river, stream, or drainage ditch.
  147         (c) Sustained periods of standing water resulting
  148         from rainfall.
  149  
  150         Section 3. Paragraph (a) of subsection (1) of section
  151  718.503, Florida Statutes, is amended to read:
  152         718.503 Developer disclosure prior to sale; nondeveloper
  153  unit owner disclosure prior to sale; voidability.—
  154         (1) DEVELOPER DISCLOSURE.—
  155         (a) Contents of contracts.—Any contract for the sale of a
  156  residential unit or a lease thereof for an unexpired term of
  157  more than 5 years shall:
  158         1. Contain the following legend in conspicuous type:
  159  
  160         THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING
  161         WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
  162         WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS
  163         AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF
  164         THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY
  165         THE DEVELOPER UNDER SECTION 718.503, FLORIDA STATUTES.
  166         THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING
  167         WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
  168         WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE
  169         DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR
  170         MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO
  171         THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY
  172         RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
  173         TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS
  174         AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS
  175         REQUIRED. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
  176         TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET
  177         DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE
  178         CONDOMINIUM ACT ARE ESTIMATES ONLY AND REPRESENT AN
  179         APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND
  180         CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION
  181         OF THE BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH
  182         ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN
  183         COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE
  184         OFFERING.
  185  
  186         2. Contain the following caveat in conspicuous type on the
  187  first page of the contract:
  188  
  189         ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
  190         CORRECTLY STATING THE REPRESENTATIONS OF THE
  191         DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE
  192         SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS
  193         REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE
  194         FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
  195  
  196         3. If the unit has been occupied by someone other than the
  197  buyer, contain a statement that the unit has been occupied.
  198         4. If the contract is for the sale or transfer of a unit
  199  subject to a lease, include as an exhibit a copy of the executed
  200  lease and shall contain within the text in conspicuous type:
  201  THE UNIT IS SUBJECT TO A LEASE (OR SUBLEASE).
  202         5. If the contract is for the lease of a unit for a term of
  203  5 years or more, include as an exhibit a copy of the proposed
  204  lease.
  205         6. If the contract is for the sale or lease of a unit that
  206  is subject to a lien for rent payable under a lease of a
  207  recreational facility or other commonly used facility, contain
  208  within the text the following statement in conspicuous type:
  209  
  210         THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS
  211         SUBJECT TO A LIEN FOR RENT PAYABLE UNDER A LEASE OF
  212         COMMONLY USED FACILITIES. FAILURE TO PAY RENT MAY
  213         RESULT IN FORECLOSURE OF THE LIEN.
  214  
  215         7. State the name and address of the escrow agent required
  216  by s. 718.202 and state that the purchaser may obtain a receipt
  217  for his or her deposit from the escrow agent upon request.
  218         8. If the contract is for the sale or transfer of a unit in
  219  a condominium in which timeshare estates have been or may be
  220  created, contain within the text in conspicuous type: UNITS IN
  221  THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES. The contract
  222  for the sale of a fee interest in a timeshare estate shall also
  223  contain, in conspicuous type, the following:
  224  
  225         FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL
  226         ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A FEE
  227         INTEREST IN A TIMESHARE ESTATE, THE MANAGING ENTITY IS
  228         GENERALLY CONSIDERED THE TAXPAYER UNDER FLORIDA LAW.
  229         YOU HAVE THE RIGHT TO CHALLENGE AN ASSESSMENT BY A
  230         TAXING AUTHORITY RELATING TO YOUR TIMESHARE ESTATE
  231         PURSUANT TO THE PROVISIONS OF CHAPTER 194, FLORIDA
  232         STATUTES.
  233  
  234         9.Contain within the text the following statement in
  235  conspicuous type:
  236  
  237         HOMEOWNERS’ INSURANCE POLICIES DO NOT INCLUDE COVERAGE
  238         FOR DAMAGE RESULTING FROM FLOODING. BUYER IS
  239         ENCOURAGED TO DISCUSS THE NEED TO PURCHASE SEPARATE
  240         FLOOD INSURANCE COVERAGE WITH BUYER’S INSURANCE AGENT.
  241  
  242         DEVELOPER HAS .... HAS NO .... KNOWLEDGE OF ANY
  243         FLOODING THAT HAS DAMAGED ANY PORTION OF THE PROPERTY
  244         OR ANY STRUCTURE ON THE PROPERTY DURING DEVELOPER’S
  245         OWNERSHIP OF THE PROPERTY.
  246  
  247         DEVELOPER HAS .... HAS NOT .... FILED A CLAIM WITH AN
  248         INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE
  249         PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT
  250         LIMITED TO, A CLAIM WITH THE NATIONAL FLOOD INSURANCE
  251         PROGRAM.
  252  
  253         DEVELOPER HAS .... HAS NOT .... RECEIVED ASSISTANCE
  254         FOR FLOOD DAMAGE TO THE PROPERTY OR COMMON ELEMENTS,
  255         INCLUDING, BUT NOT LIMITED TO, ASSISTANCE FROM THE
  256         FEDERAL EMERGENCY MANAGEMENT AGENCY.
  257  
  258         FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM
  259         “FLOODING” MEANS A GENERAL OR TEMPORARY CONDITION OF
  260         PARTIAL OR COMPLETE INUNDATION OF THE PROPERTY OR
  261         COMMON ELEMENTS CAUSED BY THE OVERFLOW OF INLAND OR
  262         TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF
  263         RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER
  264         SOURCE, SUCH AS A RIVER, STREAM, OR DRAINAGE DITCH; OR
  265         SUSTAINED PERIODS OF STANDING WATER RESULTING FROM
  266         RAINFALL.
  267  
  268         Section 4. Paragraph (a) of subsection (1) of section
  269  719.503, Florida Statutes, is amended to read:
  270         719.503 Disclosure prior to sale.—
  271         (1) DEVELOPER DISCLOSURE.—
  272         (a) Contents of contracts.—Any contracts for the sale of a
  273  unit or a lease thereof for an unexpired term of more than 5
  274  years shall contain:
  275         1. The following legend in conspicuous type:
  276  
  277         THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING
  278         WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
  279         WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS
  280         AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF
  281         THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY
  282         THE DEVELOPER UNDER SECTION 719.503, FLORIDA STATUTES.
  283         THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING
  284         WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL
  285         WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE
  286         DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR
  287         MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO
  288         THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY
  289         RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
  290         TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS
  291         AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS
  292         REQUIRED. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
  293         TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET
  294         DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE
  295         COOPERATIVE ACT ARE ESTIMATES ONLY AND REPRESENT AN
  296         APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND
  297         CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION
  298         OF THE BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH
  299         ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN
  300         COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE
  301         OFFERING.
  302  
  303         2. The following caveat in conspicuous type shall be placed
  304  upon the first page of the contract:
  305  
  306         ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
  307         CORRECTLY STATING THE REPRESENTATIONS OF THE
  308         DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE
  309         SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS
  310         REQUIRED BY SECTION 719.503, FLORIDA STATUTES, TO BE
  311         FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.
  312  
  313         3. If the unit has been occupied by someone other than the
  314  buyer, a statement that the unit has been occupied.
  315         4. If the contract is for the sale or transfer of a unit
  316  subject to a lease, the contract shall include as an exhibit a
  317  copy of the executed lease and shall contain within the text in
  318  conspicuous type: THE UNIT IS SUBJECT TO A LEASE (OR
  319  SUBLEASE).
  320         5. If the contract is for the lease of a unit for a term of
  321  5 years or more, the contract shall include as an exhibit a copy
  322  of the proposed lease.
  323         6. If the contract is for the sale or lease of a unit that
  324  is subject to a lien for rent payable under a lease of a
  325  recreational facility or other common areas, the contract shall
  326  contain within the text the following statement in conspicuous
  327  type: THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS
  328  SUBJECT TO A LIEN FOR RENT PAYABLE UNDER A LEASE OF COMMON
  329  AREAS. FAILURE TO PAY RENT MAY RESULT IN FORECLOSURE OF THE
  330  LIEN.
  331         7. The contract shall state the name and address of the
  332  escrow agent required by s. 719.202 and shall state that the
  333  purchaser may obtain a receipt for his or her deposit from the
  334  escrow agent, upon request.
  335         8. If the contract is for the sale or transfer of a unit in
  336  a cooperative in which timeshare estates have been or may be
  337  created, the following text in conspicuous type: UNITS IN THIS
  338  COOPERATIVE ARE SUBJECT TO TIMESHARE ESTATES. The contract for
  339  the sale of a timeshare estate must also contain, in conspicuous
  340  type, the following:
  341  
  342         FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL
  343         ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A
  344         TIMESHARE ESTATE, THE MANAGING ENTITY IS GENERALLY
  345         CONSIDERED THE TAXPAYER UNDER FLORIDA LAW. YOU HAVE
  346         THE RIGHT TO CHALLENGE AN ASSESSMENT BY A TAXING
  347         AUTHORITY RELATING TO YOUR TIMESHARE ESTATE PURSUANT
  348         TO THE PROVISIONS OF CHAPTER 194, FLORIDA STATUTES.
  349  
  350         9.Contain within the text the following statement in
  351  conspicuous type:
  352  
  353         HOMEOWNERS’ INSURANCE POLICIES DO NOT INCLUDE COVERAGE
  354         FOR DAMAGE RESULTING FROM FLOODING. BUYER IS
  355         ENCOURAGED TO DISCUSS THE NEED TO PURCHASE SEPARATE
  356         FLOOD INSURANCE COVERAGE WITH BUYER’S INSURANCE AGENT.
  357  
  358         DEVELOPER HAS .... HAS NO .... KNOWLEDGE OF ANY
  359         FLOODING THAT HAS DAMAGED ANY PORTION OF THE PROPERTY
  360         OR ANY STRUCTURE ON THE PROPERTY DURING DEVELOPER’S
  361         OWNERSHIP OF THE PROPERTY.
  362  
  363         DEVELOPER HAS .... HAS NOT .... FILED A CLAIM WITH AN
  364         INSURANCE PROVIDER RELATING TO FLOOD DAMAGE ON THE
  365         PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT
  366         LIMITED TO, A CLAIM WITH THE NATIONAL FLOOD INSURANCE
  367         PROGRAM.
  368  
  369         DEVELOPER HAS .... HAS NOT .... RECEIVED ASSISTANCE
  370         FOR FLOOD DAMAGE TO THE PROPERTY OR COMMON ELEMENTS,
  371         INCLUDING, BUT NOT LIMITED TO, ASSISTANCE FROM THE
  372         FEDERAL EMERGENCY MANAGEMENT AGENCY.
  373  
  374         FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM
  375         “FLOODING” MEANS A GENERAL OR TEMPORARY CONDITION OF
  376         PARTIAL OR COMPLETE INUNDATION OF THE PROPERTY OR
  377         COMMON ELEMENTS CAUSED BY THE OVERFLOW OF INLAND OR
  378         TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF
  379         RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER
  380         SOURCE, SUCH AS A RIVER, STREAM, OR DRAINAGE DITCH; OR
  381         SUSTAINED PERIODS OF STANDING WATER RESULTING FROM
  382         RAINFALL.
  383  
  384         Section 5. Subsection (6) is added to section 723.011,
  385  Florida Statutes, to read:
  386         723.011 Disclosure prior to rental of a mobile home lot;
  387  prospectus, filing, approval.—
  388         (6)(a)A mobile home park owner must complete and provide a
  389  flood disclosure to a prospective lessee of residential real
  390  property. Delivery must be made prior to execution of the lot
  391  rental agreement or at the time of occupancy, whichever occurs
  392  first. The flood disclosure must be in a separate document. The
  393  flood disclosure must be made in substantially the following
  394  form:
  395  
  396                          FLOOD DISCLOSURE                         
  397         Flood Insurance: Homeowners’ and renters’ insurance
  398         policies do not include coverage for damage resulting
  399         from floods. You are encouraged to discuss the need to
  400         purchase separate flood insurance coverage your
  401         insurance agent.
  402         1.The park owner has .... has no .... knowledge
  403         of any flooding that has damaged any portion of the
  404         property or any structure on the property during park
  405         owner’s ownership of the property.
  406         2.The park owner has .... has not .... filed a
  407         claim with an insurance provider relating to flood
  408         damage on the property, including, but not limited to,
  409         a claim with the National Flood Insurance Program.
  410         3.The park owner has .... has not .... received
  411         assistance for flood damage to the property,
  412         including, but not limited to, assistance from the
  413         Federal Emergency Management Agency.
  414         4.For the purposes of this disclosure, the term
  415         “flooding” means a general or temporary condition of
  416         partial or complete inundation of the property caused
  417         by any of the following:
  418         a.The overflow of inland or tidal waters.
  419         b.The unusual and rapid accumulation of runoff
  420         or surface waters from any established water source,
  421         such as a river, stream, or drainage ditch.
  422         c.Sustained periods of standing water resulting
  423         from rainfall.
  424  
  425         (b)If a park owner violates this section and a lessee
  426  suffers a substantial loss or damage to the lessee’s mobile home
  427  or personal property as a result of flooding, the lessee may
  428  terminate the rental agreement by giving a written notice of
  429  termination to the park owner no later than 30 days after the
  430  date of the damage or loss. Termination of a rental agreement
  431  under this section is effective upon the lessee surrendering
  432  possession of the property. For the purpose of this paragraph,
  433  the term “substantial loss or damage” means the total cost of
  434  repairs to or replacement of the mobile home and personal
  435  property is 50 percent or more of the mobile home and personal
  436  property’s market value on the date the flooding occurred.
  437         (c)A park owner shall refund the lessee all rent or other
  438  amounts paid in advance under the rental agreement for any
  439  period after the effective date of the termination of the rental
  440  agreement.
  441         (d)This subsection does not affect a lessee’s liability
  442  for delinquent, unpaid rent or other sums owed to the park owner
  443  before the date the rental agreement was terminated by the
  444  lessee under this subsection.
  445         Section 6. This act shall take effect October 1, 2025.