Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. CS for CS for SB 862 Ì661740ÅÎ661740 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Stargel) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 768.092, Florida Statutes, is created to 6 read: 7 768.092 Special mobile equipment; liability of lessors.— 8 (1) As used in this section, the term: 9 (a) “Lease agreement” means a written agreement for the 10 rental or lease of special mobile equipment, regardless of 11 whether the lease is for a fixed term or with an option to 12 purchase. 13 (b) “Lessee” means a person who rents or leases special 14 mobile equipment from the lessor pursuant to a lease agreement. 15 (c) “Lessor” means a person who, pursuant to a lease 16 agreement, offers or arranges for the rental or lease of special 17 mobile equipment by the lessee. 18 (d) “Special mobile equipment” has the same meaning as in 19 s. 316.003. 20 (2) The lessor of any special mobile equipment that causes 21 injury, death, or damage while leased under a lease agreement is 22 not liable for acts of the lessee or the lessee’s agent or 23 employee in connection with the rental or lease, including any 24 bodily injury, death, or damage resulting from the operation, 25 maintenance, or use of the special mobile equipment, if the 26 lease agreement requires documented proof of insurance coverage 27 containing limits of at least $250,000 per person and up to 28 $500,000 per incident for bodily injury liability and up to 29 $100,000 for property damage liability, or at least $750,000 for 30 combined property damage liability and bodily injury liability. 31 The failure of the lessee to have in effect the insurance 32 coverage required by the lease agreement does not impose 33 liability on the lessor. 34 Section 2. This act shall take effect July 1, 2019. 35 36 ================= T I T L E A M E N D M E N T ================ 37 And the title is amended as follows: 38 Delete everything before the enacting clause 39 and insert: 40 A bill to be entitled 41 An act relating to lessor liability under special 42 mobile equipment leases; creating s. 768.092, F.S.; 43 defining terms; providing that a lessor of special 44 mobile equipment that causes injury, death, or damage 45 is not liable for certain acts of the lessee or 46 lessee’s agent if the lease agreement requires 47 documented proof of specified insurance coverage; 48 providing that a lessee’s failure to have in effect 49 the required coverage does not impose liability on the 50 lessor; providing an effective date.