SENATE AMENDMENT

    Bill No. CS for SB 874

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Ostalkiewicz moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 24, lines 3-26, delete those lines

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16  and insert:

17         Section 13.  Section 768.099, Florida Statutes, is

18  created to read:

19         768.099  Limited liability based on ownership of a

20  motor vehicle.--

21         (1)  Notwithstanding any other provision of law, the

22  owner of a motor vehicle shall not be vicariously liable in a

23  civil action for damages to a third person resulting from the

24  operation of the motor vehicle by a person other than the

25  owner.

26         (2)  Notwithstanding subsection (1) or any other

27  provision of law, if the owner of a motor vehicle is a

28  business that rents or leases motor vehicles for a term of

29  less than one year, the owner shall not be vicariously liable

30  for punitive damages or non-economic damages in a civil action

31  for damages to a third person resulting from the operation of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 874

    Amendment No.    





 1  the motor vehicle by a person other than the owner or other

 2  than an agent or employee of the owner.

 3         (3)  Nothing in this section shall be construed to

 4  alter the provisions of s. 324.021(9)(b) governing the

 5  liability of a lessor under an agreement to lease a motor

 6  vehicle for 1 year or longer.

 7         (4)  The limitations on liability in this section do

 8  not apply to an owner of a motor vehicle that is used for

 9  commercial activity in the owner's ordinary course of

10  business, other than a business that rents or leases motor

11  vehicles.

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14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 3, lines 10-13, delete those lines

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18  and insert:

19         limiting the liability of certain motor vehicle

20         owners; providing exceptions; creating s.

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