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Senate Bill 1030

Senate Bill sb1030c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                           CS for SB 1030

    By the Committee on Judiciary; and Senator Campbell





    590-2349-05

  1                      A bill to be entitled

  2         An act relating to financial responsibility for

  3         operation of motor vehicles; amending s.

  4         324.021, F.S.; expanding the definition of

  5         "rental company" for purposes of an exclusion

  6         from an exemption from application of certain

  7         limits of liability provisions to include

  8         certain holders of a motor vehicle title or an

  9         equity interest in a motor vehicle title under

10         certain circumstances; providing an effective

11         date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Paragraph (c) of subsection (9) of section

16  324.021, Florida Statutes, is amended to read:

17         324.021  Definitions; minimum insurance required.--The

18  following words and phrases when used in this chapter shall,

19  for the purpose of this chapter, have the meanings

20  respectively ascribed to them in this section, except in those

21  instances where the context clearly indicates a different

22  meaning:

23         (9)  OWNER; OWNER/LESSOR.--

24         (c)  Application.--

25         1.  The limits on liability in subparagraphs (b)2. and

26  3. do not apply to an owner of motor vehicles that are used

27  for commercial activity in the owner's ordinary course of

28  business, other than a rental company that rents or leases

29  motor vehicles. For purposes of this paragraph, the term

30  "rental company" includes only an entity that is engaged in

31  the business of renting or leasing motor vehicles to the

                                  1

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    Florida Senate - 2005                           CS for SB 1030
    590-2349-05




 1  general public and that rents or leases a majority of its

 2  motor vehicles to persons with no direct or indirect

 3  affiliation with the rental company. The term also includes a

 4  motor vehicle dealer that provides temporary replacement

 5  vehicles to its customers for up to 10 days. The term also

 6  includes a related rental or leasing company that is a

 7  subsidiary of the same parent company that rented or leased

 8  the vehicle and the holder of a motor vehicle title or an

 9  equity interest in a motor vehicle title if the title or

10  equity interest is held pursuant to an asset-backed

11  securitization of a fleet of motor vehicles under the dominion

12  and control of a rental company, as described in this

13  subparagraph, in the operation of such rental company's

14  business.

15         2.  Furthermore, with respect to commercial motor

16  vehicles as defined in s. 627.732, the limits on liability in

17  subparagraphs (b)2. and 3. do not apply if, at the time of the

18  incident, the commercial motor vehicle is being used in the

19  transportation of materials found to be hazardous for the

20  purposes of the Hazardous Materials Transportation

21  Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et

22  seq., and that is required pursuant to such act to carry

23  placards warning others of the hazardous cargo, unless at the

24  time of lease or rental either:

25         a.  The lessee indicates in writing that the vehicle

26  will not be used to transport materials found to be hazardous

27  for the purposes of the Hazardous Materials Transportation

28  Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et

29  seq.; or

30         b.  The lessee or other operator of the commercial

31  motor vehicle has in effect insurance with limits of at least

                                  2

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    Florida Senate - 2005                           CS for SB 1030
    590-2349-05




 1  $5,000,000 combined property damage and bodily injury

 2  liability.

 3         Section 2.  This act shall take effect July 1, 2005.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 1030

 7                                 

 8  The committee substitute expands the definition of the term
    "rental company" to include a related rental or leasing
 9  company that is a subsidiary of the same parent company that
    rented or leased a rental vehicle.
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