Bill Text: FL S0862 | 2019 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Lessor Liability Under Special Mobile Equipment Leases

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Passed) 2019-06-18 - Chapter No. 2019-104 [S0862 Detail]

Download: Florida-2019-S0862-Introduced.html

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       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.