Florida Senate - 2019 SB 862 By Senator Stargel 22-00843-19 2019862__ 1 A bill to be entitled 2 An act relating to insurance coverage for vehicle 3 leases; creating s. 627.749, F.S.; defining terms; 4 providing that a lessor of special mobile equipment is 5 not liable for acts of the lessee or the lessee’s 6 agent or employee in connection with the rental or 7 lease if the lease agreement requires specified 8 insurance coverages; providing construction; providing 9 an exception; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 627.749, Florida Statutes, is created to 14 read: 15 627.749 Limitation of liability for rental or lease of 16 special mobile equipment.— 17 (1) As used in this section, the term: 18 (a) “Lease agreement” means a written agreement for the 19 rental or lease of special mobile equipment, regardless of 20 whether the lease is for a fixed term or with an option to 21 purchase. 22 (b) “Lessee” means a person who rents or leases special 23 mobile equipment from a lessor pursuant to a lease agreement. 24 (c) “Lessor” means a person who offers or arranges for the 25 rental or lease of special mobile equipment by a lessee pursuant 26 to a lease agreement. 27 (d) “Special mobile equipment” has the same meaning as 28 provided in s. 316.003. 29 (2) Notwithstanding any other law, a lessor, under a lease 30 agreement for the rental or lease of special mobile equipment 31 which requires the lessee to maintain insurance coverage with 32 limits of at least $100,000/$300,000 for bodily injury liability 33 and $50,000 for property damage liability, or at least $500,000 34 for combined property damage liability and bodily injury 35 liability, is not liable for acts of the lessee or the lessee’s 36 agent or employee in connection with the rental or lease, 37 including any bodily injury, death, or property damage resulting 38 from operation, maintenance, or use of the special mobile 39 equipment. The failure of the lessee to obtain or maintain 40 insurance coverage required by the lease agreement does not 41 impose liability on the lessor. However, the lessor may be 42 liable if the bodily injury, death, or property damage: 43 (a) Occurred while the lessor’s employee or contractor was 44 operating, maintaining, or using the special mobile equipment. 45 (b) Resulted from the lessor’s gross negligence or criminal 46 wrongdoing. 47 Section 2. This act shall take effect July 1, 2019.