SENATE AMENDMENT

    Bill No. CS for SB 874

    Amendment No.    

                            CHAMBER ACTION
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11  Senators Dyer, Hargrett and Jones moved the following

12  substitute for amendment (160500):

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14         Senate Amendment 

15         On page 24, lines 5-26, delete those lines

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17  and insert:

18         768.099  Limits on liability for loaned, rented, or

19  leased private passenger motor vehicles.--

20         (1)  Notwithstanding any other provision of law, a

21  motor vehicle rental business that rents or leases a private

22  passenger motor vehicle as defined in subsection (3) for a

23  term of less than 1 year shall not be vicariously liable for

24  noneconomic damages and is liable for the actions of the

25  person operating the vehicle in economic damages only up to

26  $500,000 per incident without a showing of negligence or

27  intentional misconduct on the part of the motor vehicle rental

28  business. If a motor vehicle rental business chooses to

29  purchase liability insurance coverage, this subsection does

30  not in any way limit the duty of an insurer that provides such

31  coverage to act in good faith under existing common and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 874

    Amendment No.    





 1  statutory law, and such an insurer is subject to full

 2  liability under the law for a breach of such duty to the same

 3  extent as if the responsibility of ownership had not been

 4  limited by this subsection.

 5         (2)  Notwithstanding any other provision of law, a

 6  natural person who owns a private passenger motor vehicle as

 7  defined in subsection (3) and lends it to another who is not

 8  an employee, agent, or resident relative of the owner, without

 9  compensation and for personal, noncommercial use, shall be

10  liable for the actions of any person operating the vehicle

11  only up to $100,000 per person and $300,000 per incident or

12  the maximum limit of such owner's available insurance

13  coverage, whichever is greater, without a showing of

14  negligence or intentional misconduct on the part of the owner.

15  If any such owner chooses to purchase liability insurance

16  coverage, this subsection does not in any way limit the duty

17  of an insurer that provides such coverage to act in good faith

18  under existing common and statutory law, and such an insurer

19  is subject to full liability under the law for a breach of

20  such duty to the same extent as if the responsibility of

21  ownership had not been limited by this subsection.

22         (3)  As used in this section, the term "private

23  passenger motor vehicle" means a motor vehicle that is not

24  used for occupational, professional, or business purposes and

25  includes a sedan, station wagon, jeep-type vehicle, pickup

26  truck, panel truck, van, camper, or motor home.

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