Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1252
       
       
       
       
       
       
                                Ì4780289Î478028                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             05/03/2023 04:25 PM       .                                
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       Senator Wright moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1552 and 1553
    4  insert:
    5         Section 26. Paragraph (c) of subsection (9) of section
    6  324.021, Florida Statutes, is amended to read:
    7         324.021 Definitions; minimum insurance required.—The
    8  following words and phrases when used in this chapter shall, for
    9  the purpose of this chapter, have the meanings respectively
   10  ascribed to them in this section, except in those instances
   11  where the context clearly indicates a different meaning:
   12         (9) OWNER; OWNER/LESSOR.—
   13         (c) Application.—
   14         1. The limits on liability in subparagraphs (b)2. and 3. do
   15  not apply to an owner of motor vehicles that are used for
   16  commercial activity in the owner’s ordinary course of business,
   17  other than a rental company that rents or leases motor vehicles.
   18  For purposes of this paragraph, the term “rental company”
   19  includes only an entity that is engaged in the business of
   20  renting or leasing motor vehicles to the general public and that
   21  rents or leases a majority of its motor vehicles to persons with
   22  no direct or indirect affiliation with the rental company. The
   23  term “rental company” also includes:
   24         a. A related rental or leasing company that is a subsidiary
   25  of the same parent company as that of the renting or leasing
   26  company that rented or leased the vehicle.
   27         b. The holder of a motor vehicle title or an equity
   28  interest in a motor vehicle title if the title or equity
   29  interest is held pursuant to or to facilitate an asset-backed
   30  securitization of a fleet of motor vehicles used solely in the
   31  business of renting or leasing motor vehicles to the general
   32  public and under the dominion and control of a rental company,
   33  as described in this subparagraph, in the operation of such
   34  rental company’s business.
   35         2. Furthermore, with respect to commercial motor vehicles
   36  as defined in s. 627.732, the limits on liability in
   37  subparagraphs (b)2. and 3. do not apply if, at the time of the
   38  incident, the commercial motor vehicle is being used in the
   39  transportation of materials found to be hazardous for the
   40  purposes of the Hazardous Materials Transportation Authorization
   41  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
   42  required pursuant to such act to carry placards warning others
   43  of the hazardous cargo, unless at the time of lease or rental
   44  either:
   45         a. The lessee indicates in writing that the vehicle will
   46  not be used to transport materials found to be hazardous for the
   47  purposes of the Hazardous Materials Transportation Authorization
   48  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
   49         b. The lessee or other operator of the commercial motor
   50  vehicle has in effect insurance with limits of at least
   51  $5,000,000 combined property damage and bodily injury liability.
   52         3.a. A motor vehicle dealer, or a motor vehicle dealer’s
   53  leasing or rental affiliate, that provides a temporary
   54  replacement vehicle at no charge or at a reasonable daily charge
   55  to a service customer whose vehicle is being held for repair,
   56  service, or adjustment by the motor vehicle dealer is immune
   57  from any cause of action and is not liable, vicariously or
   58  directly, under general law solely by reason of being the owner
   59  of the temporary replacement vehicle for harm to persons or
   60  property that arises out of the use, or operation, of the
   61  temporary replacement vehicle by any person during the period
   62  the temporary replacement vehicle has been entrusted to the
   63  motor vehicle dealer’s service customer if there is no
   64  negligence or criminal wrongdoing on the part of the motor
   65  vehicle owner, or its leasing or rental affiliate.
   66         b. For purposes of this section, and notwithstanding any
   67  other provision of general law, a motor vehicle dealer, or a
   68  motor vehicle dealer’s leasing or rental affiliate, that gives
   69  possession, control, or use of a temporary replacement vehicle
   70  to a motor vehicle dealer’s service customer may not be adjudged
   71  liable in a civil proceeding absent negligence or criminal
   72  wrongdoing on the part of the motor vehicle dealer, or the motor
   73  vehicle dealer’s leasing or rental affiliate, if the motor
   74  vehicle dealer or the motor vehicle dealer’s leasing or rental
   75  affiliate executes a written rental or use agreement and obtains
   76  from the person receiving the temporary replacement vehicle a
   77  copy of the person’s driver license and insurance information
   78  reflecting at least the minimum motor vehicle insurance coverage
   79  required in the state. Any subsequent determination that the
   80  driver license or insurance information provided to the motor
   81  vehicle dealer, or the motor vehicle dealer’s leasing or rental
   82  affiliate, was in any way false, fraudulent, misleading,
   83  nonexistent, canceled, not in effect, or invalid does not alter
   84  or diminish the protections provided by this section, unless the
   85  motor vehicle dealer, or the motor vehicle dealer’s leasing or
   86  rental affiliate, had actual knowledge thereof at the time
   87  possession of the temporary replacement vehicle was provided.
   88         c.For purposes of this subparagraph, the term:
   89         (I)“Control” means the power to direct the management and
   90  policies of a person regardless of whether through ownership of
   91  voting securities or otherwise.
   92         (II)“Motor vehicle dealer’s leasing or rental affiliate”
   93  means a person that directly or indirectly controls, is
   94  controlled by, or is under common control with the motor vehicle
   95  dealer.
   96         d.c. For purposes of this subparagraph, the term “service
   97  customer” does not include an agent or a principal of a motor
   98  vehicle dealer or a motor vehicle dealer’s leasing or rental
   99  affiliate, and does not include an employee of a motor vehicle
  100  dealer or a motor vehicle dealer’s leasing or rental affiliate
  101  unless the employee was provided a temporary replacement
  102  vehicle:
  103         (I) While the employee’s personal vehicle was being held
  104  for repair, service, or adjustment by the motor vehicle dealer;
  105         (II) In the same manner as other customers who are provided
  106  a temporary replacement vehicle while the customer’s vehicle is
  107  being held for repair, service, or adjustment; and
  108         (III) The employee was not acting within the course and
  109  scope of his or her employment.
  110  
  111  ================= T I T L E  A M E N D M E N T ================
  112  And the title is amended as follows:
  113         Between lines 144 and 145
  114  insert:
  115         amending s. 324.021, F.S.; defining the term
  116         “control”; defining the term “motor vehicle dealer’s
  117         leasing or rental affiliate” to specify which entities
  118         are immune from causes of action and are not liable
  119         for harm to persons and property under certain
  120         circumstances;