Effective July 1, 2010
Section 8. Subsection (86) is added to section 316.003, Florida Statutes, to read:
316.003 Definitions.—The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:
(86) MOTOR CARRIER TRANSPORTATION CONTRACT.–
(a) A contract, agreement, or understanding covering:
1. The transportation of property for compensation or hire by the motor carrier;
2. Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
3. A service incidental to activity described in subparagraph 1. or subparagraph 2., including, but not limited to, storage of property.
(b) “Motor carrier transportation contract” does not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.
Section 10. Paragraph (b) of subsection (1) of section 316.302, Florida Statutes, is amended, and subsection (12) is added to that section, to read:
316.302 Commercial motor vehicles; safety regulations; transporters and shippers of hazardous materials; enforcement.—
(12)(a) Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.
(b) As used in this subsection, the term “promisee” means the contract’s promisee and any agents, employees, servants, or independent contractors who are directly responsible to the contract’s promisee, except that the term does not include motor carriers which are party to a motor carrier transportation contract with the contract’s promisee, including such motor carrier’s agents, employees, servants, or independent contractors directly responsible to such motor carrier.
(c) This subsection only applies to motor carrier transportation contracts entered into or renewed on or after July 1, 2010.
