324.021 Definitions; minimum insurance
required. ---The following words and phrases when used in
this chapter shall, for the purpose of this chapter, have the meanings
respectively ascribed to them in this section, except in those instances where
the context clearly indicates a different meaning:
(1) MOTOR VEHICLE. Every self-propelled vehicle which is
designed and required to be licensed for use upon a highway, including
trailers and semitrailers designed for use with such vehicles, except traction
engines, road rollers, farm tractors, power shovels, and well drillers, and
every vehicle which is propelled by electric power obtained from overhead
wires but not operated upon rails, but not including any bicycle or moped.
However, the term "motor vehicle" shall not include any motor vehicle as
defined in s. 627.732(1) when the owner of such vehicle has complied with the
requirements of ss. 627.730-627.7405, inclusive, unless the provisions of s.
324.051 apply; and, in such case, the applicable proof of insurance provisions
of s. 320.02 apply.
(2) DEPARTMENT. The Department of Highway Safety and Motor
Vehicles.
(3) OPERATOR. Every person who is in actual physical control
of a motor vehicle.
(4) PERSON. Every natural person, firm, copartnership,
association, or corporation.
(5) NONRESIDENT. Every person who is not a resident of this
state.
(6) LICENSE. Any license, temporary instruction permit, or
temporary license issued under the laws of this state pertaining to the
licensing of persons to operate motor vehicles.
(7) PROOF OF FINANCIAL RESPONSIBILITY. That proof of ability
to respond in damages for liability on account of accidents arising out of the
use of a motor vehicle:
(a) In the amount of $10,000 because of bodily injury to, or death
of, one person in any one accident;
(b) Subject to such limits for one person, in the amount of $20,000
because of bodily injury to, or death of, two or more persons in any one
accident;
(c) In the amount of $10,000 because of injury to, or destruction of,
property of others in any one accident; and
(d) With respect to commercial motor vehicles and nonpublic sector
buses, in the amounts specified in ss. 627.7415 and 627.742,
respectively.
(8) MOTOR VEHICLE LIABILITY POLICY. Any owner's or operator's
policy of liability insurance furnished as proof of financial responsibility
pursuant to s. 324.031, insuring such owner or operator against loss from
liability for bodily injury, death, and property damage arising out of the
ownership, maintenance, or use of a motor vehicle in not less than the limits
described in subsection (7) and conforming to the requirements of s. 324.151,
issued by any insurance company authorized to do business in this
state.
(9) OWNER; OWNER/LESSOR.
(a) Owner. A person who holds the legal title of a motor
vehicle; or, in the event a motor vehicle is the subject of an agreement for
the conditional sale or lease thereof with the right of purchase upon
performance of the conditions stated in the agreement and with an immediate
right of possession vested in the conditional vendee or lessee, or in the
event a mortgagor of a vehicle is entitled to possession, then such
conditional vendee or lessee or mortgagor shall be deemed the owner for the
purpose of this chapter.
(b) Owner/lessor. Notwithstanding any other provision of
the Florida Statutes or existing case law, the lessor, under an agreement to
lease a motor vehicle for 1 year or longer which requires the lessee to obtain
insurance acceptable to the lessor which contains limits not less than
$100,000/$300,000 bodily injury liability and $50,000 property damage
liability, shall not be deemed the owner of said motor vehicle for the purpose
of determining financial responsibility for the operation of said motor
vehicle or for the acts of the operator in connection therewith; further, this
paragraph shall be applicable so long as the insurance required under such
lease agreement remains in effect.
(10) JUDGMENT. Any judgment which shall have become final by
expiration without appeal of the time within which an appeal might have been
perfected, or by final affirmation on appeal, rendered by a court of competent
jurisdiction of any state or of the United States upon a cause of action
arising out of the ownership, maintenance, or use of any motor vehicle for
damages, including damages for care and loss of services because of bodily
injury to or death of any person, or for damages because of injury to or
destruction of property, including the loss of use thereof, or upon a cause of
action on an agreement of settlement for such damage.
(11) REGISTRATION. Registration certificate or certificates
and registration plates issued under the laws of this state pertaining to the
registration of motor vehicles.
History: s. 1, ch. 29963, 1955; ss. 13, 35, ch. 69-106; s. 1, ch. 71-59; s. 100,
ch. 71-377; s. 1, ch. 72-297; ss. 1, 2, ch. 73-180; s. 1, ch. 76-266; s. 6,
ch. 76-286; s. 1, ch. 77-118; s. 6, ch. 77-468; s. 135, ch. 79-400; s. 562,
ch. 82-243; s. 2, ch. 83-200; s. 2, ch. 86-18; s. 3, ch. 86-229; s. 21, ch.
87-161; ss. 6, 7, ch. 88-370.