Senate Bill 0236

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    Florida Senate - 1999                                   SB 236

    By Senator Latvala





    19-376-99

  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         324.021, F.S.; providing a limitation on the

  4         liability for bodily injury, property, and

  5         economic damages for certain lessors and owners

  6         of motor vehicles; providing for applicability;

  7         providing an effective date.

  8

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

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

12  324.021, Florida Statutes, is amended, and paragraph (c) is

13  added to that subsection, to read:

14         324.021  Definitions; minimum insurance required.--The

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

16  for the purpose of this chapter, have the meanings

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

18  instances where the context clearly indicates a different

19  meaning:

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

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

22  of the Florida Statutes or existing case law:,

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

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

25  obtain insurance acceptable to the lessor which contains

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

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

28  $500,000 combined property damage liability and bodily injury

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

30  for the purpose of determining financial responsibility for

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

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    Florida Senate - 1999                                   SB 236
    19-376-99




  1  operator in connection therewith; further, this subparagraph

  2  paragraph shall be applicable so long as the insurance meeting

  3  these requirements is in effect.  The insurance meeting such

  4  requirements may be obtained by the lessor or lessee,

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

  6  combined coverage for bodily injury liability and property

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

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

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

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

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

12  determining liability for the operation of the vehicle or the

13  acts of the operator in connection therewith only up to

14  $100,000 per person and up to $300,000 per incident for bodily

15  injury and up to $50,000 for property damage. If the lessee or

16  the operator of the motor vehicle is uninsured or has any

17  insurance with limits less than $500,000 combined property

18  damage and bodily injury liability, the lessor shall be liable

19  for up to an additional $500,000 in economic damages only

20  arising out of the use of the motor vehicle.  The additional

21  specified liability of the lessor for economic damages shall

22  be reduced by amounts actually recovered from the lessee, from

23  the operator, and from any insurance or self insurance

24  covering the lessee or operator.  Nothing in this subparagraph

25  shall be construed to affect the liability of the lessor for

26  its own negligence.

27         3.  The owner who is a natural person and loans a motor

28  vehicle to any permissive user other than a relative residing

29  in the same household as defined in s. 627.732(4) shall be

30  liable for the operation of the vehicle or the acts of the

31  operator in connection therewith only up to $100,000 per

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    Florida Senate - 1999                                   SB 236
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  1  person and up to $300,000 per incident for bodily injury and

  2  up to $50,000 for property damage. If the permissive user of

  3  the motor vehicle is uninsured or has any insurance with

  4  limits less than $500,000 combined property damage and bodily

  5  injury liability, the owner shall be liable for up to an

  6  additional $500,000 in economic damages only arising out of

  7  the use of the motor vehicle. The additional specified

  8  liability of the owner for economic damages shall be reduced

  9  by amounts actually recovered from the permissive user and

10  from any insurance or self-insurance covering the permissive

11  user. Nothing in this subparagraph shall be construed to

12  affect the liability of the owner for his or her own

13  negligence.

14         (c)  Application.--The limits on liability in

15  subparagraphs (b)2. and (b)3. do not apply to an owner of

16  motor vehicles that are used for commercial activity in the

17  owner's ordinary course of business, other than a rental

18  company that rents or leases motor vehicles. For purposes of

19  this paragraph, the term "rental company" includes only an

20  entity that is engaged in the business of renting or leasing

21  motor vehicles to the general public and that rents or leases

22  a majority of its motor vehicles to persons with no direct or

23  indirect affiliation with the rental company. The term also

24  includes a motor vehicle dealer that provides temporary

25  replacement vehicles to its customers for up to 10 days.

26         Section 2.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999                                   SB 236
    19-376-99




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  2                          SENATE SUMMARY

  3    Provides that a lessor, under an agreement to rent or
      lease a motor vehicle for a period of less than 1 year,
  4    and an owner who is a natural person and loans a motor
      vehicle to any permissive user other than a relative
  5    residing in the same household are liable for the
      operation of the vehicle or the acts of the operator in
  6    connection therewith only up to the limits prescribed in
      the bill for bodily injury, property damage, and economic
  7    damage. Provides that the limits on liability do not
      apply to an owner of motor vehicles that are used for
  8    commercial activity in the owner's ordinary course of
      business, other than a rental company that rents or
  9    leases motor vehicles. Defines the term "rental company."

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