Florida Senate - 2011                                    SB 1806
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       36-01861-11                                           20111806__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance; amending
    3         s. 324.021, F.S.; revising provisions relating to
    4         proof of financial responsibility for rented or leased
    5         motor vehicles; providing lessors and lessees of
    6         rented and leased motor vehicles with certain
    7         responsibilities relating to the provision and
    8         obtaining of liability insurance; revising who is
    9         deemed the owner of a motor vehicle for purposes of
   10         determining financial responsibility; revising
   11         applicability of certain provisions relating to
   12         financial responsibility of an owner of commercial
   13         motor vehicles; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (7) and (9) of section 324.021,
   18  Florida Statutes, are amended to read:
   19         324.021 Definitions; minimum insurance required.—The
   20  following words and phrases when used in this chapter shall, for
   21  the purpose of this chapter, have the meanings respectively
   22  ascribed to them in this section, except in those instances
   23  where the context clearly indicates a different meaning:
   24         (7) PROOF OF FINANCIAL RESPONSIBILITY.—That proof of
   25  ability to respond in damages for liability on account of
   26  crashes arising out of the use of a motor vehicle:
   27         (a) In the amount of $10,000 because of bodily injury to,
   28  or death of, one person in any one crash;
   29         (b) Subject to such limits for one person, in the amount of
   30  $20,000 because of bodily injury to, or death of, two or more
   31  persons in any one crash;
   32         (c) In the amount of $10,000 because of injury to, or
   33  destruction of, property of others in any one crash; and
   34         (d) With respect to commercial motor vehicles and nonpublic
   35  sector buses, in the amounts specified in ss. 627.7415 and
   36  627.742, respectively; and
   37         (e) With respect to rented or leased motor vehicles, in the
   38  amounts specified in paragraph (9)(b).
   39         (9) OWNER; OWNER/LESSOR.—
   40         (a) Owner.—A person who holds the legal title of a motor
   41  vehicle; or, in the event a motor vehicle is the subject of an
   42  agreement for the conditional sale or lease thereof with the
   43  right of purchase upon performance of the conditions stated in
   44  the agreement and with an immediate right of possession vested
   45  in the conditional vendee or lessee, or in the event a mortgagor
   46  of a vehicle is entitled to possession, then such conditional
   47  vendee or lessee or mortgagor shall be deemed the owner for the
   48  purpose of this chapter.
   49         (b) Owner/lessor.—Notwithstanding any other provision of
   50  the Florida Statutes or existing case law:
   51         1. The lessor, under an agreement to lease a motor vehicle
   52  for 1 year or longer which requires the lessee to obtain
   53  insurance acceptable to the lessor which contains limits not
   54  less than $100,000/$300,000 bodily injury liability and $50,000
   55  property damage liability or not less than $500,000 combined
   56  property damage liability and bodily injury liability, shall not
   57  be deemed the owner of said motor vehicle for the purpose of
   58  determining financial responsibility for the operation of said
   59  motor vehicle or for the acts of the operator in connection
   60  therewith; further, this subparagraph shall be applicable so
   61  long as the insurance meeting these requirements is in effect.
   62  The insurance meeting such requirements may be obtained by the
   63  lessor or lessee, provided, if such insurance is obtained by the
   64  lessor, the combined coverage for bodily injury liability and
   65  property damage liability shall contain limits of not less than
   66  $1 million and may be provided by a lessor’s blanket policy.
   67         2. The lessor, under an agreement to rent or lease a motor
   68  vehicle for a period of less than 1 year, shall require the
   69  lessee to obtain insurance to respond in damages for liability
   70  arising out of the use of the motor vehicle due to the
   71  negligence of the lessee, or any permissive user of the motor
   72  vehicle, with limits of not less than $500,000 combined property
   73  damage liability and bodily injury liability. The lessor may
   74  provide coverage for bodily injury liability and property damage
   75  liability to the lessee through a policy issued by an insurer
   76  licensed to transact insurance in this state and purchased by
   77  the lessee for a premium separately set forth in the lease or
   78  rental agreement. The lessor has a continuing duty to ensure
   79  that the lessee has obtained insurance consistent with this
   80  subparagraph be deemed the owner of the motor vehicle for the
   81  purpose of determining liability for the operation of the
   82  vehicle or the acts of the operator in connection therewith only
   83  up to $100,000 per person and up to $300,000 per incident for
   84  bodily injury and up to $50,000 for property damage. If, at the
   85  time any liability arises out of the use of the motor vehicle,
   86  the lessee or the operator of the motor vehicle is uninsured or
   87  has any insurance with limits less than $500,000 combined
   88  property damage liability and bodily injury liability, the
   89  lessor shall be liable for up to $100,000 per person and up to
   90  $300,000 per incident for bodily injury, up to $50,000 for
   91  property damage, and up to an additional $500,000 in economic
   92  damages only arising out of the use of the motor vehicle. The
   93  additional specified liability of the lessor for economic
   94  damages shall be reduced by amounts actually recovered from the
   95  lessee, from the operator, and from any insurance or self
   96  insurance covering the lessee or operator. If the lessee does
   97  not obtain coverage consistent with this subparagraph, the
   98  lessor shall be deemed liable for any amounts not recovered from
   99  the lessee arising out of the use of the motor vehicle or the
  100  acts of the operator in connection therewith. Nothing in this
  101  subparagraph shall be construed to affect the liability of the
  102  lessor for its own negligence.
  103         3. The owner who is a natural person and loans a motor
  104  vehicle to any permissive user shall be liable for the operation
  105  of the vehicle or the acts of the operator in connection
  106  therewith only up to $100,000 per person and up to $300,000 per
  107  incident for bodily injury and up to $50,000 for property
  108  damage. If the permissive user of the motor vehicle is uninsured
  109  or has any insurance with limits less than $500,000 combined
  110  property damage and bodily injury liability, the owner shall be
  111  liable for up to an additional $500,000 in economic damages only
  112  arising out of the use of the motor vehicle. The additional
  113  specified liability of the owner for economic damages shall be
  114  reduced by amounts actually recovered from the permissive user
  115  and from any insurance or self-insurance covering the permissive
  116  user. Nothing in this subparagraph shall be construed to affect
  117  the liability of the owner for his or her own negligence.
  118         (c) Application.—
  119         1. The financial responsibility and insurance requirements
  120  of subparagraph limits on liability in subparagraphs (b)2. and
  121  the limits on liability in subparagraph (b)3. do not apply to an
  122  owner of motor vehicles that are used for commercial activity in
  123  the owner’s ordinary course of business, other than a rental
  124  company that rents or leases motor vehicles. For purposes of
  125  this paragraph, the term “rental company” includes only an
  126  entity that is engaged in the business of renting or leasing
  127  motor vehicles to the general public and that rents or leases a
  128  majority of its motor vehicles to persons with no direct or
  129  indirect affiliation with the rental company. The term also
  130  includes a motor vehicle dealer that provides temporary
  131  replacement vehicles to its customers for up to 10 days. The
  132  term “rental company” also includes:
  133         a. A related rental or leasing company that is a subsidiary
  134  of the same parent company as that of the renting or leasing
  135  company that rented or leased the vehicle.
  136         b. The holder of a motor vehicle title or an equity
  137  interest in a motor vehicle title if the title or equity
  138  interest is held pursuant to or to facilitate an asset-backed
  139  securitization of a fleet of motor vehicles used solely in the
  140  business of renting or leasing motor vehicles to the general
  141  public and under the dominion and control of a rental company,
  142  as described in this subparagraph, in the operation of such
  143  rental company’s business.
  144         2. Furthermore, With respect to commercial motor vehicles
  145  as defined in s. 627.732, the financial responsibility and
  146  insurance requirements of subparagraph limits on liability in
  147  subparagraphs (b)2. and the limits on liability in subparagraph
  148  (b)3. do not apply if, at the time of the incident, the
  149  commercial motor vehicle is being used in the transportation of
  150  materials found to be hazardous for the purposes of the
  151  Hazardous Materials Transportation Authorization Act of 1994, as
  152  amended, 49 U.S.C. ss. 5101 et seq., and that is required
  153  pursuant to such act to carry placards warning others of the
  154  hazardous cargo, unless at the time of lease or rental either:
  155         a. The lessee indicates in writing that the vehicle will
  156  not be used to transport materials found to be hazardous for the
  157  purposes of the Hazardous Materials Transportation Authorization
  158  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  159         b. The lessee or other operator of the commercial motor
  160  vehicle has in effect insurance with limits of at least
  161  $5,000,000 combined property damage and bodily injury liability.
  162         Section 2. This act shall take effect July 1, 2011.