SENATE AMENDMENT

    Bill No. CS for SB 874

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Dyer moved the following amendment:

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13         Senate Amendment 

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

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16  and insert:

17         768.099  Limits on liability for loaned, rented, or

18  leased private passenger motor vehicles.--

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

20  motor vehicle rental business that rents or leases a private

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

22  term of less than 1 year is liable for the actions of the

23  person operating the vehicle only up to $500,000 per incident

24  without a showing of negligence or intentional misconduct on

25  the part of the motor vehicle rental business. If a motor

26  vehicle rental business chooses to purchase liability

27  insurance coverage, this subsection does not in any way limit

28  the duty of an insurer that provides such coverage to act in

29  good faith under existing common and statutory law, and such

30  an insurer is subject to full liability under the law for a

31  breach of such duty to the same extent as if the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 874

    Amendment No.    





 1  responsibility of ownership had not been limited by this

 2  subsection.

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

 4  natural person who owns a private passenger motor vehicle as

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

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

 7  compensation and for personal, noncommercial use, shall be

 8  liable for the actions of any person operating the vehicle

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

10  the maximum limit of such owner's available insurance

11  coverage, whichever is greater, without a showing of

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

13  If any such owner chooses to purchase liability insurance

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

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

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

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

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

19  ownership had not been limited by this subsection.

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

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

22  used for occupational, professional, or business purposes and

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

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

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