Florida Senate - 2022                              CS for SB 266
       
       
        
       By the Committee on Criminal Justice; and Senator Diaz
       
       
       
       
       
       591-01936-22                                           2022266c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance; creating
    3         s. 627.7491, F.S.; defining terms; requiring agencies
    4         that employ law enforcement officers to maintain motor
    5         vehicle insurance under certain circumstances;
    6         providing exceptions; providing liability limitations;
    7         providing methods in which the employing agency may
    8         meet the liability insurance requirements; providing a
    9         declaration of important state interest; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 627.7491, Florida Statutes, is created
   15  to read:
   16         627.7491 Official law enforcement vehicles; motor vehicle
   17  insurance requirements.—
   18         (1) As used in this section, the term:
   19         (a) “Employing agency” means an agency that employs a law
   20  enforcement officer.
   21         (b) “Law enforcement officer” has the same meaning as in s.
   22  943.10(1).
   23         (2) If an employing agency authorizes a law enforcement
   24  officer to travel to his or her place of residence in an
   25  official law enforcement vehicle outside of the course and scope
   26  of the officer’s employment or function, the employing agency
   27  must maintain current and valid motor vehicle insurance,
   28  including bodily injury, death, and property damage liability
   29  coverage, which covers the period in which a law enforcement
   30  officer travels to or from work in an official law enforcement
   31  vehicle and covers the time a law enforcement officer travels to
   32  and from any other employing agency assignment in an official
   33  law enforcement vehicle. However, such motor vehicle insurance
   34  is not required to provide for coverage if:
   35         (a) The law enforcement officer makes a distinct deviation
   36  for a nonessential personal errand unless a collective
   37  bargaining agreement permits such deviation; or
   38         (b) The law enforcement officer acts in bad faith or with
   39  malicious purpose or in a manner exhibiting wanton and willful
   40  disregard of human rights, safety, or property.
   41         (3) Any suit or action brought or maintained against an
   42  employing agency for damages arising out of tort pursuant to
   43  this section, including, without limitation, any claim arising
   44  upon account of an act causing loss of property, personal
   45  injury, or death, shall be subject to the limitations provided
   46  in s. 768.28(5).
   47         (4) The requirements of this section may be met by any
   48  method authorized by s. 768.28(16).
   49         Section 2. The Legislature finds and declares that this act
   50  fulfills an important state interest.
   51         Section 3. This act shall take effect July 1, 2022.