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.