Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 862
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Rules (Stargel) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 768.092, Florida Statutes, is created to
    6  read:
    7         768.092 Special mobile equipment; liability of lessors.—
    8         (1) As used in this section, the term:
    9         (a) “Lease agreement” means a written agreement for the
   10  rental or lease of special mobile equipment, regardless of
   11  whether the lease is for a fixed term or with an option to
   12  purchase.
   13         (b) “Lessee” means a person who rents or leases special
   14  mobile equipment from the lessor pursuant to a lease agreement.
   15         (c) “Lessor” means a person who, pursuant to a lease
   16  agreement, offers or arranges for the rental or lease of special
   17  mobile equipment by the lessee.
   18         (d) “Special mobile equipment” has the same meaning as in
   19  s. 316.003.
   20         (2) The lessor of any special mobile equipment that causes
   21  injury, death, or damage while leased under a lease agreement is
   22  not liable for acts of the lessee or the lessee’s agent or
   23  employee in connection with the rental or lease, including any
   24  bodily injury, death, or damage resulting from the operation,
   25  maintenance, or use of the special mobile equipment, if the
   26  lease agreement requires documented proof of insurance coverage
   27  containing limits of at least $250,000 per person and up to
   28  $500,000 per incident for bodily injury liability and up to
   29  $100,000 for property damage liability, or at least $750,000 for
   30  combined property damage liability and bodily injury liability.
   31  The failure of the lessee to have in effect the insurance
   32  coverage required by the lease agreement does not impose
   33  liability on the lessor.
   34         Section 2. This act shall take effect July 1, 2019.
   35  
   36  ================= T I T L E  A M E N D M E N T ================
   37  And the title is amended as follows:
   38         Delete everything before the enacting clause
   39  and insert:
   40                        A bill to be entitled                      
   41         An act relating to lessor liability under special
   42         mobile equipment leases; creating s. 768.092, F.S.;
   43         defining terms; providing that a lessor of special
   44         mobile equipment that causes injury, death, or damage
   45         is not liable for certain acts of the lessee or
   46         lessee’s agent if the lease agreement requires
   47         documented proof of specified insurance coverage;
   48         providing that a lessee’s failure to have in effect
   49         the required coverage does not impose liability on the
   50         lessor; providing an effective date.