1 | A bill to be entitled |
2 | An act relating to motor vehicle short-term rental or |
3 | lease insurance; amending s. 324.021, F.S.; requiring |
4 | lessees under certain motor vehicle rental or lease |
5 | agreements to obtain certain liability insurance; |
6 | specifying minimum insurance requirements for motor |
7 | vehicles rented or leased for less than a single year; |
8 | providing requirements; prohibiting a lessor from leasing |
9 | to a lessee without having such insurance; authorizing |
10 | certain lessors to offer and sell certain insurance; |
11 | authorizing such lessors to charge a fee under certain |
12 | circumstances; specifying absence of lessor liability |
13 | under certain circumstances; providing application; |
14 | providing an effective date. |
15 |
|
16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
|
18 | Section 1. Paragraph (c) of subsection (9) of section |
19 | 324.021, Florida Statutes, is amended to read: |
20 | 324.021 Definitions; minimum insurance required.--The |
21 | following words and phrases when used in this chapter shall, for |
22 | the purpose of this chapter, have the meanings respectively |
23 | ascribed to them in this section, except in those instances |
24 | where the context clearly indicates a different meaning: |
25 | (9) OWNER; OWNER/LESSOR.-- |
26 | (c) Application.-- |
27 | 1. The limits on liability in subparagraphs (b)2. and 3. |
28 | do not apply to an owner of motor vehicles that are used for |
29 | commercial activity in the owner's ordinary course of business, |
30 | other than a rental company that rents or leases motor vehicles. |
31 | For purposes of this paragraph, the term "rental company" |
32 | includes only an entity that is engaged in the business of |
33 | renting or leasing motor vehicles to the general public and that |
34 | rents or leases a majority of its motor vehicles to persons with |
35 | no direct or indirect affiliation with the rental company. The |
36 | term also includes a motor vehicle dealer that provides |
37 | temporary replacement vehicles to its customers for up to 10 |
38 | days. The term "rental company" also includes: |
39 | a. A related rental or leasing company that is a |
40 | subsidiary of the same parent company as that of the renting or |
41 | leasing company that rented or leased the vehicle. |
42 | b. The holder of a motor vehicle title or an equity |
43 | interest in a motor vehicle title if the title or equity |
44 | interest is held pursuant to or to facilitate an asset-backed |
45 | securitization of a fleet of motor vehicles used solely in the |
46 | business of renting or leasing motor vehicles to the general |
47 | public and under the dominion and control of a rental company, |
48 | as described in this subparagraph, in the operation of such |
49 | rental company's business. |
50 | 2. Furthermore, with respect to commercial motor vehicles |
51 | as defined in s. 627.732, the limits on liability in |
52 | subparagraphs (b)2. and 3. do not apply if, at the time of the |
53 | incident, the commercial motor vehicle is being used in the |
54 | transportation of materials found to be hazardous for the |
55 | purposes of the Hazardous Materials Transportation Authorization |
56 | Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is |
57 | required pursuant to such act to carry placards warning others |
58 | of the hazardous cargo, unless at the time of lease or rental |
59 | either: |
60 | a. The lessee indicates in writing that the vehicle will |
61 | not be used to transport materials found to be hazardous for the |
62 | purposes of the Hazardous Materials Transportation Authorization |
63 | Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or |
64 | b. The lessee or other operator of the commercial motor |
65 | vehicle has in effect insurance with limits of at least |
66 | $5,000,000 combined property damage and bodily injury liability. |
67 | 3. The lessee under any agreement to rent or lease a motor |
68 | vehicle for a period of less than 1 year shall obtain motor |
69 | vehicle liability insurance covering the lessee and all |
70 | permissive users of the motor vehicle with limits of $100,000 |
71 | per person and $300,000 per incident for bodily injury liability |
72 | and $50,000 for property damage liability arising out of the use |
73 | of the motor vehicle and motor vehicle liability insurance |
74 | covering economic damages in excess of those limits with a limit |
75 | of $500,000 for combined bodily injury liability and property |
76 | damage liability arising out of the use of the motor vehicle. A |
77 | lessor may not enter into such an agreement with a lessee if the |
78 | lessee has not obtained such insurance. A lessor under such an |
79 | agreement shall ensure that the lessee has obtained such |
80 | coverage and, if appropriately licensed under s. 626.321(1)(d), |
81 | may offer and sell primary motor vehicle liability insurance |
82 | meeting the requirements of this subparagraph together with and |
83 | incidental to the agreement to rent or lease the motor vehicle |
84 | and may charge a fee not to exceed 35 percent of the premium for |
85 | each policy sold if the lessor is authorized by the insurer to |
86 | bind the insurance and to act as the insurer's agent for the |
87 | purposes of receiving payment of the premium and adjusting |
88 | claims made under such insurance. A lessor that complies with |
89 | this subparagraph by selling insurance as provided under this |
90 | subparagraph is immune from claims based solely upon the |
91 | dangerous instrumentality doctrine for the use, operation, or |
92 | ownership of the insured motor vehicle. |
93 | Section 2. This act shall take effect July 1, 2009, and |
94 | shall apply to any agreement to rent or lease a motor vehicle |
95 | for a period of less than 1 year commencing on or after July 1, |
96 | 2009. |