Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1738
       
       
       
       
       
       
                                Ì318568TÎ318568                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/03/2020           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Farmer) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 85 - 97
    4  and insert:
    5  customer if the motor vehicle dealer has liability insurance
    6  coverage that complies with sub-subparagraph b. and there is no
    7  negligence or criminal wrongdoing on the part of the motor
    8  vehicle owner or its leasing or rental affiliate.
    9         b. A motor vehicle dealer or a motor vehicle dealer’s
   10  leasing or rental affiliate must procure and maintain liability
   11  insurance in limits of not less than $100,000 per person and
   12  $300,000 per incident for bodily injury and $50,000 for property
   13  damage, or not less than $500,000 for combined property damage
   14  and bodily injury, to cover any liability of any driver of a
   15  temporary replacement vehicle provided to any person by the
   16  motor vehicle dealer or the motor vehicle dealer’s leasing or
   17  rental affiliate. Maintaining the liability coverage pursuant to
   18  this sub-subparagraph is the financial responsibility of the
   19  motor vehicle dealer or the motor vehicle dealer’s leasing or
   20  rental affiliate, and providing a temporary replacement vehicle
   21  to any person without such coverage in place constitutes
   22  negligent entrustment.
   23         c. For purposes of this subparagraph, the term “service
   24  customer” does not include an employee, an agent, or a principal
   25  of a motor vehicle dealer or a motor vehicle dealer’s leasing or
   26  rental affiliate.
   27         d. The limits on liability in this subparagraph do not
   28  apply if there is a replacement vehicle mechanical failure or
   29  defect that is a proximate cause of harm to persons or property
   30  which arises out of the use or operation of the temporary
   31  replacement vehicle.
   32         e. The limits on liability in this subparagraph do not
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35  And the title is amended as follows:
   36         Delete line 7
   37  and insert:
   38         property under certain circumstances; requiring motor
   39         vehicle dealers and their leasing or rental affiliates
   40         to procure and maintain liability insurance that meets
   41         certain requirements; providing that maintaining
   42         liability converge is the financial responsibility of
   43         motor vehicle dealers and their leasing or rental
   44         affiliates; providing that providing a temporary
   45         replacement vehicle to a person without such coverage
   46         constitutes negligent entrustment; defining the