Florida Senate - 2019                       CS for CS for SB 862
       
       
        
       By the Committees on Judiciary; and Banking and Insurance; and
       Senator Stargel
       
       
       
       
       590-04039-19                                           2019862c2
    1                        A bill to be entitled                      
    2         An act relating to lessor liability under special
    3         mobile equipment leases; creating s. 768.092, F.S.;
    4         defining terms; providing that a lessor of special
    5         mobile equipment that causes injury, death, or damage
    6         is not liable for certain acts of the lessee or
    7         lessee’s agent if the lease agreement requires
    8         documented proof of specified insurance coverage;
    9         providing that a lessee’s failure to maintain the
   10         required coverage does not impose liability on the
   11         lessor; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 768.092, Florida Statutes, is created to
   16  read:
   17         768.092 Special mobile equipment; liability of lessors.—
   18         (1) As used in this section, the term:
   19         (a) “Lease agreement” means a written agreement for the
   20  rental or lease of special mobile equipment, regardless of
   21  whether the lease is for a fixed term or with an option to
   22  purchase.
   23         (b) “Lessee” means a person who rents or leases special
   24  mobile equipment from the lessor pursuant to a lease agreement.
   25         (c) “Lessor” means a person who, pursuant to a lease
   26  agreement, offers or arranges for the rental or lease of special
   27  mobile equipment by the lessee.
   28         (d) “Special mobile equipment” has the same meaning as in
   29  s. 316.003.
   30         (2) The lessor of any special mobile equipment that causes
   31  injury, death, or damage while leased under a lease agreement is
   32  not liable for acts of the lessee or the lessee’s agent or
   33  employee in connection with the rental or lease, including any
   34  bodily injury, death, or damage resulting from the operation,
   35  maintenance, or use of the special mobile equipment, if the
   36  lease agreement requires documented proof of insurance coverage
   37  containing limits of at least $100,000 per person and up to
   38  $300,000 per incident for bodily injury liability and up to
   39  $50,000 for property damage liability, or at least $500,000 for
   40  combined property damage liability and bodily injury liability.
   41  The failure of the lessee to maintain insurance coverage
   42  required by the lease agreement does not impose liability on the
   43  lessor.
   44         Section 2. This act shall take effect July 1, 2019.