Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 1122
Barcode 181638
LEGISLATIVE ACTION
Senate . House
Comm: WD .
01/19/2012 .
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The Committee on Transportation (Latvala) recommended the
following:
1 Senate Substitute for Amendment (310678) (with title
2 amendment)
3
4 Between lines 2260 and 2261
5 insert:
6 Section 57. Paragraph (b) of subsection (9) of section
7 324.021, Florida Statutes, is amended to read:
8 324.021 Definitions; minimum insurance required.—The
9 following words and phrases when used in this chapter shall, for
10 the purpose of this chapter, have the meanings respectively
11 ascribed to them in this section, except in those instances
12 where the context clearly indicates a different meaning:
13 (9) OWNER; OWNER/LESSOR.—
14 (b) Owner/lessor.—Notwithstanding any other provision of
15 the Florida Statutes or existing case law:
16 1. An owner of a motor vehicle who rents or leases the
17 motor vehicle to a person is not liable for harm to persons or
18 property which results or arises out of the use, operation, or
19 possession of the motor vehicle during the period of the rental
20 or lease, or any extension thereof, if the owner/lessor is
21 engaged in the trade or business of renting or leasing motor
22 vehicles and there is no negligence or criminal wrongdoing on
23 the part of the owner/lessor, so long as the rental or lease
24 agreement is in writing.
25 2. Notwithstanding subparagraph 1., an owner/lessor is
26 subject to the following financial responsibilities:
27 a.1. The lessor, under an agreement to lease a motor
28 vehicle for 1 year or longer, must maintain or ensure that the
29 lessee maintains which requires the lessee to obtain insurance
30 as required by ss. 324.022 and 627.733. If the lessor obtains
31 such insurance, it may be provided through a lessor’s blanket
32 policy. acceptable to the lessor which contains limits not less
33 than $100,000/$300,000 bodily injury liability and $50,000
34 property damage liability or not less than $500,000 combined
35 property damage liability and bodily injury liability, shall not
36 be deemed the owner of said motor vehicle for the purpose of
37 determining financial responsibility for the operation of said
38 motor vehicle or for the acts of the operator in connection
39 therewith; further, this subparagraph shall be applicable so
40 long as the insurance meeting these requirements is in effect.
41 The insurance meeting such requirements may be obtained by the
42 lessor or lessee, provided, if such insurance is obtained by the
43 lessor, the combined coverage for bodily injury liability and
44 property damage liability shall contain limits of not less than
45 $1 million and may be provided by a lessor’s blanket policy.
46 b.2. The lessor, under an agreement to rent or lease a
47 motor vehicle for a period of less than 1 year, must obtain
48 insurance as required by ss. 324.022 and 627.733. If the lessor
49 obtains such insurance, it may be provided through a lessor’s
50 blanket policy. shall be deemed the owner of the motor vehicle
51 for the purpose of determining liability for the operation of
52 the vehicle or the acts of the operator in connection therewith
53 only up to $100,000 per person and up to $300,000 per incident
54 for bodily injury and up to $50,000 for property damage. If the
55 lessee or the operator of the motor vehicle is uninsured or has
56 any insurance with limits less than $500,000 combined property
57 damage and bodily injury liability, the lessor shall be liable
58 for up to an additional $500,000 in economic damages only
59 arising out of the use of the motor vehicle. The additional
60 specified liability of the lessor for economic damages shall be
61 reduced by amounts actually recovered from the lessee, from the
62 operator, and from any insurance or self-insurance covering the
63 lessee or operator. Nothing in this subparagraph shall be
64 construed to affect the liability of the lessor for its own
65 negligence.
66 3. The owner who is a natural person and loans a motor
67 vehicle to any permissive user shall be liable for the operation
68 of the vehicle or the acts of the operator in connection
69 therewith only up to $100,000 per person and up to $300,000 per
70 incident for bodily injury and up to $50,000 for property
71 damage. If the permissive user of the motor vehicle is uninsured
72 or has any insurance with limits less than $500,000 combined
73 property damage and bodily injury liability, the owner shall be
74 liable for up to an additional $500,000 in economic damages only
75 arising out of the use of the motor vehicle. The additional
76 specified liability of the owner for economic damages shall be
77 reduced by amounts actually recovered from the permissive user
78 and from any insurance or self-insurance covering the permissive
79 user. Nothing in this subparagraph shall be construed to affect
80 the liability of the owner for his or her own negligence.
81
82 ================= T I T L E A M E N D M E N T ================
83 And the title is amended as follows:
84 Delete line 311
85 and insert:
86 motor vehicle; amending s. 324.021, F.S.; revising the
87 definition of the term “owner/lessor” for purposes of
88 liability; providing that an owner of a motor vehicle
89 who rents or leases the vehicle is not liable for harm
90 to persons or property under certain circumstances;
91 revising the financial responsibilities of an
92 owner/lessor of a motor vehicle; amending s. 324.072,
93 F.S.; prohibiting