Florida Senate - 2009 SB 2622 By Senator Peaden 2-01676A-09 20092622__ 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 9 leasing to a lessee without having such insurance; 10 authorizing certain lessors to offer and sell certain 11 insurance; authorizing such lessors to charge a fee 12 under certain circumstances; specifying absence of 13 lessor liability under certain circumstances; 14 providing application; 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. do 28 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 subsidiary 40 of the same parent company as that of the renting or leasing 41 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 applies to any agreement to rent or lease a motor vehicle for a 95 period of less than 1 year commencing on or after July 1, 2009.