House Bill 1691c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 1691
By the Committee on Transportation and Representatives
Flanagan, Thrasher, Bainter, Melvin, Burroughs, Dockery, Lynn,
Turnbull and Bitner
1 A bill to be entitled
2 An act relating to limits on liability for
3 motor vehicles; creating s. 768.092, F.S.;
4 limiting liability for certain damages arising
5 from motor vehicle accidents; requiring renters
6 with foreign driver licenses to purchase
7 certain liability insurance from the motor
8 vehicle rental business; amending s. 627.7263,
9 F.S.; modifying language required in rental and
10 lease agreements regarding insurance coverage;
11 providing for a required notice; providing for
12 severability; providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Section 768.092, Florida Statutes, is
17 created to read:
18 768.092 Limits on liability for motor vehicles.--
19 (1) As used in this section, the term:
20 (a) "Motor vehicle" means all vehicles defined in s.
21 320.01.
22 (b) "Motor vehicle owner" means any person,
23 corporation, or other entity which owns or leases a motor
24 vehicle and lends, leases, or rents such motor vehicle to
25 another.
26 (c) "Collateral sources" shall have the same meaning
27 as that term is defined in s. 768.76(2)(a)2., 3., and 4.
28 (d) "Secondary" means coming after and not in addition
29 to any valid and collectible liability insurance, personal
30 injury protection insurance, or other insurance coverages
31 otherwise available.
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Florida House of Representatives - 1998 CS/HB 1691
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1 (2) Notwithstanding any other provision of law, a
2 motor vehicle owner:
3 (a) Shall not be liable for noneconomic damages
4 arising from an accident involving said motor vehicle to any
5 person for the actions of a person renting or operating the
6 motor vehicle without a showing of negligence or intentional
7 misconduct on the part of the motor vehicle owner or, if such
8 owner is a business, its employees.
9 (b) Shall be liable for economic damages arising from
10 an accident involving said motor vehicle to any person for the
11 actions of a person renting or operating the motor vehicle
12 only up to $100,000 per person and up to $300,000 per accident
13 for bodily injury and up to $50,000 for property damage
14 without a showing of negligence or intentional misconduct on
15 the part of the motor vehicle owner or, if such owner is a
16 business, its employees.
17
18 All damages payable under this section by a motor vehicle
19 owner shall be secondary, and shall be reduced by the total of
20 all amounts which have been paid for the benefit of the
21 claimant, or which are otherwise available to the claimant,
22 from all collateral sources. Nothing in this subsection shall
23 affect the rights and responsibilities of a motor vehicle
24 lessee under s. 627.7263.
25 (3) Nothing in this section shall affect the liability
26 of long term lessors under s. 324.021(9)(b).
27 (4) Notwithstanding any provision to the contrary in
28 s. 626.321, a motor vehicle rental business shall require that
29 renters with drivers' licenses issued by foreign countries
30 shall purchase motor vehicle liability insurance coverage from
31 the motor vehicle rental business in the amount of $200,000
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Florida House of Representatives - 1998 CS/HB 1691
198-291A-98
1 per person, up to $500,000 per accident for bodily injury, and
2 $50,000 for property damage. Any such coverage shall be
3 deducted from the limits of liability established for motor
4 vehicle owners for any claims under this section.
5 Section 2. Subsection (2) of section 627.7263, Florida
6 Statutes, is amended to read:
7 627.7263 Rental and leasing driver's insurance to be
8 primary; exception.--
9 (Substantial rewording of subsection (2). See
10 s. 627.7263(2), F.S., for present text.)
11 (2) If the lessee's coverage is to be primary, the
12 rental or lease agreement must contain the following language,
13 in at least 10-point type:
14 "The valid and collectible liability
15 insurance and personal injury protection
16 insurance of any authorized rental driver or
17 leasing driver is primary for the limits of
18 liability and personal injury protection
19 coverage required by ss. 324.021(7) and
20 627.736, Florida Statutes.
21 In no event will the (name) motor vehicle
22 rental business be obligated to defend or
23 indemnify you if you cause an accident.
24 Further, if you or any driver of the
25 rental vehicle cause an accident which damages
26 property or injures others resulting in damages
27 in an amount in excess of your own insurance
28 coverage limits, you may be held liable to the
29 (name) motor vehicle rental business for any
30 sums it is caused to expend for damages, costs,
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Florida House of Representatives - 1998 CS/HB 1691
198-291A-98
1 and attorney's fees as a result of your having
2 caused an accident."
3 Section 3. If any provision of this act or the
4 application thereof to any person or circumstance is held
5 invalid, the invalidity shall not affect other provisions or
6 applications of the act which can be given effect without the
7 invalid provision of this act are declared severable.
8 Section 4. This act shall take effect upon becoming a
9 law.
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