Florida Senate - 2019 CS for SB 862 By the Committee on Banking and Insurance; and Senator Stargel 597-03201-19 2019862c1 1 A bill to be entitled 2 An act relating to lessor liability under special 3 mobile equipment leases; creating s. 768.092, F.S.; 4 defining terms; providing that a lessor of special 5 mobile equipment that causes injury, death, or damage 6 is not liable for certain acts of the lessee or 7 lessee’s agent if the lease agreement requires 8 documented proof of specified insurance coverage; 9 providing that a lessee’s failure to obtain or 10 maintain the required coverage does not impose 11 liability on the lessor; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 768.092, Florida Statutes, is created to 16 read: 17 768.092 Special mobile equipment; liability of lessors.— 18 (1) As used in this section, the term: 19 (a) “Lease agreement” means a written agreement for the 20 rental or lease of special mobile equipment, regardless of 21 whether the lease is for a fixed term or with an option to 22 purchase. 23 (b) “Lessee” means a person who rents or leases special 24 mobile equipment from the lessor pursuant to a lease agreement. 25 (c) “Lessor” means a person who, pursuant to a lease 26 agreement, offers or arranges for the rental or lease of special 27 mobile equipment by the lessee. 28 (d) “Special mobile equipment” has the same meaning as in 29 s. 316.003. 30 (2) The lessor of any special mobile equipment that causes 31 injury, death, or damage while leased under a lease agreement is 32 not liable for acts of the lessee or the lessee’s agent or 33 employee in connection with the rental or lease, including any 34 bodily injury, death, or damage resulting from the operation, 35 maintenance, or use of the special mobile equipment, if the 36 lease agreement requires documented proof of insurance coverage 37 containing limits of at least $100,000 per person and up to 38 $300,000 per incident for bodily injury liability and up to 39 $50,000 for property damage liability, or at least $500,000 for 40 combined property damage liability and bodily injury liability. 41 The failure of the lessee to obtain or maintain insurance 42 coverage required by the lease agreement does not impose 43 liability on the lessor. 44 Section 2. This act shall take effect July 1, 2019.