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.