House Bill 3877

    Florida House of Representatives - 1998                HB 3877

        By the Committee on Civil Justice & Claims and
    Representatives Flanagan, Cosgrove, Warner and Thrasher





  1                      A bill to be entitled

  2         An act relating to rental car liability;

  3         amending s. 324.021, F.S.; providing that the

  4         lessor of a motor vehicle under certain rental

  5         agreements shall be deemed the owner of the

  6         vehicle for the purpose of determining

  7         liability for the operation of the vehicle

  8         within certain limits; providing for

  9         application; providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Paragraph (b) of subsection (9) of section

14  324.021, Florida Statutes, is amended to read:

15         324.021  Definitions; minimum insurance required.--The

16  following words and phrases when used in this chapter shall,

17  for the purpose of this chapter, have the meanings

18  respectively ascribed to them in this section, except in those

19  instances where the context clearly indicates a different

20  meaning:

21         (9)  OWNER; OWNER/LESSOR.--

22         (b)  Owner/lessor.--Notwithstanding any other provision

23  of the Florida Statutes or existing case law:,

24         1.  The lessor, under an agreement to lease a motor

25  vehicle for 1 year or longer which requires the lessee to

26  obtain insurance acceptable to the lessor which contains

27  limits not less than $100,000/$300,000 bodily injury liability

28  and $50,000 property damage liability or not less than

29  $500,000 combined property damage liability and bodily injury

30  liability, shall not be deemed the owner of said motor vehicle

31  for the purpose of determining financial responsibility for

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 3877

    686-119C-98






  1  the operation of said motor vehicle or for the acts of the

  2  operator in connection therewith; further, this subparagraph

  3  paragraph shall be applicable so long as the insurance meeting

  4  these requirements is in effect.  The insurance meeting such

  5  requirements may be obtained by the lessor or lessee,

  6  provided, if such insurance is obtained by the lessor, the

  7  combined coverage for bodily injury liability and property

  8  damage liability shall contain limits of not less than $1

  9  million and may be provided by a lessor's blanket policy.

10         2.  The lessor, under an agreement to rent or lease a

11  motor vehicle for a period of less than 1 year, shall be

12  deemed the owner of the motor vehicle for the purpose of

13  determining liability for the operation of said vehicle or the

14  acts of the operator in connection therewith only up to

15  $100,000 per person and up to $300,000 per incident for bodily

16  injury and up to $50,000 for property damage.  In the event

17  the lessee or the operator of the motor vehicle is uninsured

18  or has any insurance with limits less than $500,000 combined

19  property damage and bodily injury liability, the lessor shall

20  be liable for up to an additional $500,000 in economic damages

21  only arising out of the use of the motor vehicle.  The

22  additional specified liability of the lessor for economic

23  damages shall be reduced by amounts actually recovered from

24  the lessee, the operator, and from any insurance or self

25  insurance covering the lessee or operator.  Nothing in this

26  paragraph shall be construed to affect the liability of the

27  lessor for its own negligence.

28         Section 2.  This act shall take effect October 1 of the

29  year in which enacted.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 3877

    686-119C-98






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  2                          HOUSE SUMMARY

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      Provides that the lessor of a motor vehicle, under an
  4    agreement to rent or lease a motor vehicle for a period
      of less than 1 year which requires the lessee to obtain
  5    certain insurance, shall be deemed the owner of the motor
      vehicle for the purpose of determining liability for the
  6    operation of the vehicle within described financial
      limits.  See bill for details.
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