FL H0355

Creates Section 768.092, Florida Statutes, establishing criteria for courts to determine whether an item qualifies as a "dangerous instrumentality" for vicarious liability purposes

Courts must consider six factors when making this determination: whether the item is a motor vehicle, whether it is frequently operated on public property, whether the injury occurred on public property, whether it poses extraordinary dangers, the extent of legislative regulation, and whether it poses significant risk of death or destruction when misused

Lessors of special mobile equipment are shielded from liability for acts of lessees when the lease agreement includes documented insurance coverage of at least $100,000/$300,000 for bodily injury and $50,000 for property damage, or $500,000 combined

Lessee's failure to maintain required insurance coverage does not transfer liability back to the lessor

Effective date: July 1, 2019