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