Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 862
       
       
       
       
       
       
                                Ì887958oÎ887958                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2019           .                                
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       The Committee on Banking and Insurance (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 $100,000 per person and up to
   28  $300,000 per incident for bodily injury liability and up to
   29  $50,000 for property damage liability, or at least $500,000 for
   30  combined property damage liability and bodily injury liability.
   31  The failure of the lessee to obtain or maintain insurance
   32  coverage required by the lease agreement does not impose
   33  liability on the lessor. However, the lessor of the special
   34  mobile equipment may be liable for damages that:
   35         (a) Occurred while the lessor’s employee or contractor was
   36  operating, maintaining, or using the equipment; or
   37         (b) Resulted from the lessor’s gross negligence or criminal
   38  wrongdoing.
   39         Section 2. This act shall take effect July 1, 2019.
   40  
   41  ================= T I T L E  A M E N D M E N T ================
   42  And the title is amended as follows:
   43         Delete everything before the enacting clause
   44  and insert:
   45                        A bill to be entitled                      
   46         An act relating to lessor liability under special
   47         mobile equipment leases; creating s. 768.092, F.S.;
   48         defining terms; providing that a lessor of special
   49         mobile equipment that causes injury, death, or damage
   50         is not liable for certain acts of the lessee or
   51         lessee’s agent if the lease agreement requires
   52         documented proof of specified insurance coverage;
   53         providing that a lessee’s failure to obtain or
   54         maintain the required coverage does not impose
   55         liability on the lessor; providing that the lessor may
   56         be liable for damages under certain circumstances;
   57         providing an effective date.