House Bill 0281
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 281
By Representative Bitner
1 A bill to be entitled
2 An act relating to financial responsibility;
3 amending s. 324.021, F.S.; redefining the term
4 "owner/lessor" with respect to statutes
5 governing financial responsibility for the
6 operation of a motor vehicle; providing that a
7 motor vehicle shall not be deemed to be a
8 dangerous instrumentality and the owner or
9 lessor of the vehicle shall not be vicariously
10 liable for certain injuries or damages caused
11 by the operation of the vehicle; providing an
12 effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsection (9) of section 324.021, Florida
17 Statutes, is amended to read:
18 324.021 Definitions; minimum insurance required.--The
19 following words and phrases when used in this chapter shall,
20 for the purpose of this chapter, have the meanings
21 respectively ascribed to them in this section, except in those
22 instances where the context clearly indicates a different
23 meaning:
24 (9) OWNER; LESSOR OWNER/LESSOR.--
25 (a) Owner.--A person who holds the legal title of a
26 motor vehicle; or, in the event a motor vehicle is the subject
27 of an agreement for the conditional sale or lease thereof with
28 the right of purchase upon performance of the conditions
29 stated in the agreement and with an immediate right of
30 possession vested in the conditional vendee or lessee, or in
31 the event a mortgagor of a vehicle is entitled to possession,
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1 then such conditional vendee or lessee or mortgagor shall be
2 deemed the owner for the purpose of this chapter.
3 Notwithstanding any other provision of Florida Statutes or
4 existing case law, a motor vehicle is not a dangerous
5 instrumentality and an owner or lessor shall not be liable for
6 bodily injury, death, or property damage arising from the use
7 of the motor vehicle by an operator.
8 (b) Lessor Owner/Lessor.--A lessor is the person who
9 owns or has legal control of the motor vehicle and under an
10 agreement, permits operators to retain actual physical control
11 of the motor vehicle. Notwithstanding any other provision of
12 the Florida Statutes or existing case law:
13 1. The lessor, under an agreement to lease a motor
14 vehicle for 1 year or longer which requires the lessee to
15 obtain insurance acceptable to the lessor which contains
16 limits not less than $100,000/$300,000 bodily injury liability
17 and $50,000 property damage liability or not less than
18 $500,000 combined property damage liability and bodily injury
19 liability, shall not be deemed the owner of said motor vehicle
20 for the purpose of determining financial responsibility for
21 the operation of said motor vehicle or for the acts of the
22 operator in connection therewith; further, this subparagraph
23 shall be applicable so long as the insurance meeting these
24 requirements is in effect. The insurance meeting such
25 requirements may be obtained by the lessor or lessee,
26 provided, if such insurance is obtained by the lessor, the
27 combined coverage for bodily injury liability and property
28 damage liability shall contain limits of not less than $1
29 million and may be provided by a lessor's blanket policy.
30 2. The lessor, under an agreement to rent or lease a
31 motor vehicle for a period of less than 1 year, shall be
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Florida House of Representatives - 2000 HB 281
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1 deemed the owner of the motor vehicle for the purpose of
2 determining liability for the operation of the vehicle or the
3 acts of the operator in connection therewith only up to
4 $100,000 per person and up to $300,000 per incident for bodily
5 injury and up to $50,000 for property damage. If the lessee or
6 the operator of the motor vehicle is uninsured or has any
7 insurance with limits less than $500,000 combined property
8 damage and bodily injury liability, the lessor shall be liable
9 for up to an additional $500,000 in economic damages only
10 arising out of the use of the motor vehicle. The additional
11 specified liability of the lessor for economic damages shall
12 be reduced by amounts actually recovered from the lessee, from
13 the operator, and from any insurance or self-insurance
14 covering the lessee or operator. Nothing in this subparagraph
15 shall be construed to affect the liability of the lessor for
16 its own negligence.
17 3. The owner who is a natural person and loans a motor
18 vehicle to any permissive user shall be liable for the
19 operation of the vehicle or the acts of the operator in
20 connection therewith only up to $100,000 per person and up to
21 $300,000 per incident for bodily injury and up to $50,000 for
22 property damage. If the permissive user of the motor vehicle
23 is uninsured or has any insurance with limits less than
24 $500,000 combined property damage and bodily injury liability,
25 the owner shall be liable for up to an additional $500,000 in
26 economic damages only arising out of the use of the motor
27 vehicle. The additional specified liability of the owner for
28 economic damages shall be reduced by amounts actually
29 recovered from the permissive user and from any insurance or
30 self-insurance covering the permissive user. Nothing in this
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Florida House of Representatives - 2000 HB 281
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1 subparagraph shall be construed to affect the liability of the
2 owner for his or her own negligence.
3 (c) Application.--
4 1. The limits on liability in subparagraphs (b)2. and
5 3. do not apply to an owner of motor vehicles that are used
6 for commercial activity in the owner's ordinary course of
7 business, other than a rental company that rents or leases
8 motor vehicles. For purposes of this paragraph, the term
9 "rental company" includes only an entity that is engaged in
10 the business of renting or leasing motor vehicles to the
11 general public and that rents or leases a majority of its
12 motor vehicles to persons with no direct or indirect
13 affiliation with the rental company. The term also includes a
14 motor vehicle dealer that provides temporary replacement
15 vehicles to its customers for up to 10 days.
16 1.2. Furthermore, With respect to commercial motor
17 vehicles as defined in s. 627.732, the owner is liable to the
18 limits of $5,000,000 combined property damage and bodily
19 injury liability the limits on liability in subparagraphs
20 (b)2. and 3. do not apply if, at the time of the incident, the
21 commercial motor vehicle is being used in the transportation
22 of materials found to be hazardous for the purposes of the
23 Hazardous Materials Transportation Authorization Act of 1994,
24 as amended, 49 U.S.C. ss. 5101 et seq., and that is required
25 pursuant to such act to carry placards warning others of the
26 hazardous cargo, unless at the time of lease or rental either:
27 a. the lessee indicates in writing that the vehicle
28 will not be used to transport materials found to be hazardous
29 for the purposes of the Hazardous Materials Transportation
30 Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et
31 seq.; or
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1 b. The lessee or other operator of the commercial
2 motor vehicle has in effect insurance with limits of at least
3 $5,000,000 combined property damage and bodily injury
4 liability.
5 Section 2. This act shall take effect July 1, 2000.
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7 *****************************************
8 HOUSE SUMMARY
9
Revises a provision of law governing financial
10 responsibility for the operation of a motor vehicle to
redefine the term "owner/lessor." Provides that,
11 notwithstanding any other provision of Florida Statutes
or existing case law a motor vehicle is not a dangerous
12 instrumentality and an owner or lessor shall not be
liable for bodily injury, death, or property damage
13 arising from the use of the motor vehicle by an operator.
See bill for details.
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