ENROLLED
       2022 Legislature                    CS for SB 266, 1st Engrossed
       
       
       
       
       
       
                                                              2022266er
    1  
    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, the employing agency shall
   26  maintain current and valid motor vehicle insurance, including
   27  bodily injury, death, and property damage liability coverage
   28  that covers the period in which a law enforcement officer
   29  travels to or from work in an official law enforcement vehicle
   30  and covers the time a law enforcement officer travels to and
   31  from any other employing agency assignment in an official law
   32  enforcement vehicle. However, such motor vehicle insurance is
   33  not required to provide for coverage if:
   34         (a) The law enforcement officer makes a distinct deviation
   35  for a nonessential personal errand unless a collective
   36  bargaining agreement permits such deviation; or
   37         (b) The law enforcement officer acts in bad faith or with
   38  malicious purpose or in a manner exhibiting wanton and willful
   39  disregard of human rights, safety, or property.
   40         (3) Any suit or action brought or maintained against an
   41  employing agency for damages arising out of tort pursuant to
   42  this section, including, without limitation, any claim arising
   43  upon account of an act causing loss of property, personal
   44  injury, or death, shall be subject to the limitations provided
   45  in s. 768.28(5).
   46         (4) The requirements of this section may be met by any
   47  method authorized by s. 768.28(16).
   48         Section 2. The Legislature finds and declares that this act
   49  fulfills an important state interest.
   50         Section 3. This act shall take effect July 1, 2022.