Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 862 Ì887958oÎ887958 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.