Florida Statute 627.7263 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.7263

627.7263 Rental and leasing driver’s insurance to be primary; exception.—

(1) The valid and collectible liability insurance or personal injury protection insurance providing coverage for the lessor of a motor vehicle for rent or lease is primary unless otherwise stated in at least 10-point type on the face of the rental or lease agreement. Such insurance is primary for the limits of liability and personal injury protection coverage as required by ss. 324.021(7) and 627.736.

(2) If the lessee’s coverage is to be primary, the rental or lease agreement must contain the following language, in at least 10-point type:

“The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.”

History.—s. 1, ch. 76-56; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; s. 29, ch. 77-468; ss. 2, 3, ch. 81-318; ss. 563, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318; s. 1, ch. 95-157.

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Amendments to 627.7263

Annotations, Discussions, Cases:

Cases Citing Statute 627.7263

Total Results: 57

Allstate Ins. Co. v. RJT Enterprises, Inc.

692 So. 2d 142, 22 Fla. L. Weekly Supp. 49, 1997 Fla. LEXIS 6, 1997 WL 22543

Supreme Court of Florida | Filed: Jan 23, 1997 | Docket: 436130

Cited 24 times | Published

reversed. The applicable statute is found in section 627.7263 of the Florida Statutes (1985). That statute

Allstate Ins. Co. v. Fowler

480 So. 2d 1287, 10 Fla. L. Weekly 610, 1985 Fla. LEXIS 4099

Supreme Court of Florida | Filed: Nov 27, 1985 | Docket: 49464

Cited 20 times | Published

insurance coverage to the lessee pursuant to section 627.7263, Florida Statutes (1981). This result is mandated

Allstate Ins. Co. v. EXECUTIVE CAR AND TRUCK

494 So. 2d 487

Supreme Court of Florida | Filed: Jul 10, 1986 | Docket: 2159455

Cited 15 times | Published

the burden of primary insurance pursuant to section 627.7263, Florida Statutes (1981). Executive does not

Perry v. GMAC Leasing Corp.

549 So. 2d 680, 1989 WL 80706

District Court of Appeal of Florida | Filed: Jul 21, 1989 | Docket: 1373913

Cited 10 times | Published

of whether, notwithstanding the fact that section 627.7263, Florida Statutes (Supp. 1976), obligates

Maryland Cas. Co. v. Reliance Ins. Co.

478 So. 2d 1068, 10 Fla. L. Weekly 612, 1985 Fla. LEXIS 4098

Supreme Court of Florida | Filed: Nov 27, 1985 | Docket: 1741625

Cited 10 times | Published

primary layer of coverage is determined by section 627.7263, Florida Statutes (1981), which reads as follows:

P & H VEHICLE RENTAL, ETC. v. Garner

416 So. 2d 503

District Court of Appeal of Florida | Filed: Jul 7, 1982 | Docket: 1225039

Cited 9 times | Published

properly shift that burden to the lessee under section 627.7263, Florida Statutes (1981). That statute provides

Patton v. Lindo's Rent-A-Car, Inc.

415 So. 2d 43

District Court of Appeal of Florida | Filed: May 7, 1982 | Docket: 459051

Cited 9 times | Published

notwithstanding the lessor's failure to comply with section 627.7263, Florida Statutes (1979). We reverse. On December

Sunshine Dodge, Inc. v. Ketchem

445 So. 2d 395

District Court of Appeal of Florida | Filed: Feb 16, 1984 | Docket: 1287450

Cited 8 times | Published

2d at 414-15. It should also be noted that section 627.7263, Florida Statutes (1981), provides that an

Sunshine Dodge, Inc. v. Ketchem

445 So. 2d 395

District Court of Appeal of Florida | Filed: Feb 16, 1984 | Docket: 1287450

Cited 8 times | Published

2d at 414-15. It should also be noted that section 627.7263, Florida Statutes (1981), provides that an

Allstate Ins. Co. v. Fowler

455 So. 2d 506

District Court of Appeal of Florida | Filed: Aug 15, 1984 | Docket: 1316711

Cited 7 times | Published

000. Because that policy did not comply with section 627.7263, Florida Statutes (1981), the court found

Guemes v. Biscayne Auto Rentals, Inc.

414 So. 2d 216

District Court of Appeal of Florida | Filed: Apr 20, 1982 | Docket: 1707128

Cited 7 times | Published

Biscayne did not sufficiently comply with Section 627.7263, Florida Statutes (1977) so as to shift its

International Bankers Insurance Company v. Snappy Car Rental

553 So. 2d 740, 14 Fla. L. Weekly 2892, 1989 Fla. App. LEXIS 6980, 1989 WL 150080

District Court of Appeal of Florida | Filed: Dec 14, 1989 | Docket: 1675601

Cited 6 times | Published

insurer fails to comply with section 627.7263, Florida Statutes. Section 627.7263, Florida Statutes, provides:

Southeastern Fidelity Ins. Co. v. Cole

493 So. 2d 445, 11 Fla. L. Weekly 456, 1986 Fla. LEXIS 2585

Supreme Court of Florida | Filed: Sep 4, 1986 | Docket: 1671686

Cited 5 times | Published

primary insurance to the lessee pursuant to section 627.7263, Florida Statutes (1981). Fowler; Maryland

Canal Ins. Co. v. Continental Cas. Co.

489 So. 2d 136, 11 Fla. L. Weekly 1197, 1986 Fla. App. LEXIS 7958

District Court of Appeal of Florida | Filed: May 23, 1986 | Docket: 545910

Cited 5 times | Published

primary level of coverage is determined by section 627.7263, Florida Statutes (1977).[1] This section

Reliance Ins. Co. v. Maryland Cas. Co.

453 So. 2d 854

District Court of Appeal of Florida | Filed: Jul 11, 1984 | Docket: 1163087

Cited 5 times | Published

presented concerns the proper interpretation of Section 627.7263, Florida Statutes (1981); (1) The valid and

Racecon, Inc. v. Mead

388 So. 2d 266

District Court of Appeal of Florida | Filed: Aug 27, 1980 | Docket: 420132

Cited 5 times | Published

lease terms, because of the requirements of section 627.7263, Florida Statutes (Supp. 1976),[2]*268 the

MIAMI STAGE LIGHTING v. Budget Rent-A-Car

712 So. 2d 1135, 1998 WL 299790

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 1472153

Cited 4 times | Published

Budget's rental agreement did not comply with the section 627.7263(2), Florida Statute (1993), requirements sufficiently

State Farm Mutual Automobile Insurance Co. v. Lindo's Rent-A-Car, Inc.

588 So. 2d 36, 1991 Fla. App. LEXIS 10480, 1991 WL 213267

District Court of Appeal of Florida | Filed: Oct 24, 1991 | Docket: 2535105

Cited 4 times | Published

A., Orlando, for appellee. COWART, Judge. Section 627.7263, Florida Statutes, provides: Rental and leasing

Auto-Owners Ins. Co. v. Brockman

524 So. 2d 490, 1988 WL 40950

District Court of Appeal of Florida | Filed: May 5, 1988 | Docket: 1341158

Cited 4 times | Published

Thompsons complied with the requirements of section 627.7263, Florida Statutes, and shifted primary coverage

PROGRESSIVE EXP. INS. CO. v. Devitis

924 So. 2d 878, 2006 WL 470840

District Court of Appeal of Florida | Filed: Mar 1, 2006 | Docket: 1736028

Cited 3 times | Published

Allstate Ins. Co., 774 So.2d 679 (Fla.2000). Section 627.7263(1), Florida Statutes (2002), makes the liability

Chrysler v. UNITED SERV. AUTO. ASS'N

625 So. 2d 69

District Court of Appeal of Florida | Filed: Sep 22, 1993 | Docket: 1517533

Cited 3 times | Published

A., as third-party defendant, pursuant to section 627.7263, Florida Statutes; 2. Whether U.S.A.A. should

McCue v. DIVERSIFIED SERVICES INC.

622 So. 2d 1372, 1993 WL 331407

District Court of Appeal of Florida | Filed: Sep 1, 1993 | Docket: 546981

Cited 3 times | Published

otherwise required by section 627.7263(1), Florida Statutes. Section 627.7263(1), provides: (1) The valid

McCue v. DIVERSIFIED SERVICES INC.

622 So. 2d 1372, 1993 WL 331407

District Court of Appeal of Florida | Filed: Sep 1, 1993 | Docket: 546981

Cited 3 times | Published

otherwise required by section 627.7263(1), Florida Statutes. Section 627.7263(1), provides: (1) The valid

Colford v. Braun Cadillac, Inc.

620 So. 2d 780, 1993 Fla. App. LEXIS 4215, 1993 WL 114657

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 415024

Cited 3 times | Published

that, in Nail, this court was considering section 627.7263 a nonjoinder statute, and, in the instant

Interamerican Car Rental, Inc. v. SAFEWAY INSURANCE COMPANY

615 So. 2d 244, 1993 Fla. App. LEXIS 2468, 1993 WL 63490

District Court of Appeal of Florida | Filed: Mar 9, 1993 | Docket: 1184681

Cited 3 times | Published

and the defendant adequately complied with Section 627.7263, Florida Statutes (1989),[1] so as to make

Sentry Indem. Co. v. HARTFORD ACC. & INS. CO.

425 So. 2d 652, 1983 Fla. App. LEXIS 18818

District Court of Appeal of Florida | Filed: Jan 26, 1983 | Docket: 1182542

Cited 3 times | Published

Sentry's policy exclusion was void because of section 627.7263, Florida Statutes (1981), and therefore Sentry

GOVT. EMP. INS. CO. v. Ford Motor Credit Co.

616 So. 2d 1186, 1993 WL 120358

District Court of Appeal of Florida | Filed: Apr 21, 1993 | Docket: 1726483

Cited 2 times | Published

notice in an automobile lease complied with section 627.7263, Florida Statutes (1984), so as to make lessee's

American States Ins. Co. v. Baroletti

566 So. 2d 314, 15 Fla. L. Weekly Fed. D 2055

District Court of Appeal of Florida | Filed: Aug 10, 1990 | Docket: 1529168

Cited 2 times | Published

not applicable to the rental of this golf cart. § 627.7263, Fla. Stat. (1987). Admittedly, the question

Quinlan Rental & Leasing, Inc. v. Linnel

484 So. 2d 630, 11 Fla. L. Weekly 567

District Court of Appeal of Florida | Filed: Mar 5, 1986 | Docket: 1344315

Cited 2 times | Published

situation exists and the lessor, pursuant to section 627.7263, Florida Statutes (1977), has properly shifted

EXECUTIVE CAR & TRUCK LEAS. v. DeSerio

470 So. 2d 21, 10 Fla. L. Weekly 1102

District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 1261247

Cited 2 times | Published

thus to its insurance carrier, Commercial. Section 627.7263(1), Florida Statutes (1983), provides: The

Patterson ex rel. Patterson v. FirstLease, Inc.

109 So. 3d 226, 2012 WL 5076101, 2012 Fla. App. LEXIS 18272

District Court of Appeal of Florida | Filed: Oct 19, 2012 | Docket: 60229514

Cited 1 times | Published

under the policy. Harco, however, argues that section 627.7263 does not apply because it has been preempted

Shivers v. Enterprise Leasing Co.

950 So. 2d 494, 2007 Fla. App. LEXIS 2767, 2007 WL 601489

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 64849607

Cited 1 times | Published

contract signed by the lessee complied with section 627.7263, Florida Statutes, in that it contained the

DIRECT GENERAL INS. CO. v. Vreeman

943 So. 2d 914, 2006 WL 3454109

District Court of Appeal of Florida | Filed: Dec 1, 2006 | Docket: 2560706

Cited 1 times | Published

Company. The trial court held that, pursuant to section 627.7263, Florida Statutes, Appellant had the primary

Rosati v. Vaillancourt

848 So. 2d 467, 2003 Fla. App. LEXIS 10148, 2003 WL 21511326

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 64823803

Cited 1 times | Published

Financial Responsibility Act to Robert. Under section 627.7263, Florida Statutes, the lessor’s liability

State Farm Mutual Automobile Insurance Co. v. InterAmerican Car Rental, Inc.

781 So. 2d 500, 2001 Fla. App. LEXIS 4294, 2001 WL 321213

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 64804530

Cited 1 times | Published

reversed the summary judgment finding that “section 627.7263, Florida Statutes does not encompass a duty

Quick Cash v. STATE, DEPT. OF AGRICULTURE

605 So. 2d 898, 1992 WL 206432

District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 1702236

Cited 1 times | Published

satisfying the statutory insurance requirements in section 627.7263, Florida Statutes (1991). It does not appear

Commerce Ins. Co. v. Atlas Rent a Car, Inc.

585 So. 2d 1084, 1991 WL 174457

District Court of Appeal of Florida | Filed: Sep 10, 1991 | Docket: 1293824

Cited 1 times | Published

American and Henderson: NOTICE TO RENTER FLORIDA STATUTE 627.7263(1) PROVIDES THAT "THE VALID AND COLLECTIBLE

Gray v. Major Rent-A-Car, Inc.

563 So. 2d 176, 1990 Fla. App. LEXIS 4217, 1990 WL 79110

District Court of Appeal of Florida | Filed: Jun 14, 1990 | Docket: 1682969

Cited 1 times | Published

coverage to Gray's insurer failed to comply with section 627.7263 and thus primary financial responsibility

Snider v. Continental Ins. Co.

519 So. 2d 12, 1987 WL 1093

District Court of Appeal of Florida | Filed: Jan 28, 1988 | Docket: 1332539

Cited 1 times | Published

the first $10,000 of damages. § 324.021(7) and § 627.7263, Fla. Stat. (1985). Snider and Allstate appeal

Allstate Ins. Co. v. Value Rent-A-Car

463 So. 2d 320, 10 Fla. L. Weekly 117, 1985 Fla. App. LEXIS 11810

District Court of Appeal of Florida | Filed: Jan 3, 1985 | Docket: 448966

Cited 1 times | Published

responsibility to the lessee as required by section 627.7263, Florida Statutes (1983). The lessor's position

Harris v. Cotton States Mutual Insurance Co.

821 So. 2d 1211, 2002 Fla. App. LEXIS 10440, 2002 WL 1724026

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 64816557

Published

Harris’ car covered by the policy. Pursuant to section 627.7263, Florida Statutes (1999), the vehicle rental

James v. Hertz Corp.

757 So. 2d 1214, 2000 Fla. App. LEXIS 1998, 2000 WL 232626

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 64797284

Published

agreement was in 10-point type in conformity with section 627.7263, Florida Statutes. We reverse and remand summary

Budget Rent-A-Car v. STATE FARM AUTO INS.

727 So. 2d 287, 1999 Fla. App. LEXIS 1365, 1999 WL 68787

District Court of Appeal of Florida | Filed: Feb 12, 1999 | Docket: 1730049

Published

any authorized driver the primary coverage. See § 627.7263(2), Fla. Stat. (1995). During this one-day rental

Pabon v. InterAmerican Car Rental, Inc.

715 So. 2d 1148, 1998 Fla. App. LEXIS 10836, 1998 WL 536954

District Court of Appeal of Florida | Filed: Aug 26, 1998 | Docket: 64782185

Published

insurance primary for all losses pursuant to section 627.7263, Florida Statutes (1996 Supp.). Phillips was

State Farm Mutual Automobile Insurance v. InterAmerican Car Rental, Inc.

707 So. 2d 788, 1998 Fla. App. LEXIS 586, 1998 WL 27298

District Court of Appeal of Florida | Filed: Jan 28, 1998 | Docket: 64779688

Published

provision: In accordance with the exception to Florida Statute 627.7263 you are hereby notified that this rental

Allstate Insurance Co. v. Reliance Insurance Co.

679 So. 2d 822, 1996 Fla. App. LEXIS 8847, 1996 WL 470871

District Court of Appeal of Florida | Filed: Aug 21, 1996 | Docket: 64767450

Published

occurrence from the rental agency to the renter. § 627.7263, Fla.Stat. (1989); Interamerican Car Rental Inc

Glover v. Scamp Auto Rental I, Inc.

682 So. 2d 562, 1996 Fla. App. LEXIS 1347, 1996 WL 65797

District Court of Appeal of Florida | Filed: Feb 16, 1996 | Docket: 64768717

Published

complies with the risk-shifting provisions of section 627.7263, Florida Statutes (1991), we affirm. Glover

RJT Enterprises, Inc. v. Allstate Insurance Co.

650 So. 2d 56, 1994 Fla. App. LEXIS 11108, 1994 WL 637497

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 64754156

Published

hereto stipulated to be in compliance with section 627.7263, Florida Statutes (1985).1 The above statute

Chrysler Credit Corp. v. United Services Automobile Ass'n

625 So. 2d 69, 1993 Fla. App. LEXIS 9485

District Court of Appeal of Florida | Filed: Sep 22, 1993 | Docket: 64743300

Published

A., as third-party defendant, pursuant to section 627.7263, Florida Statutes; 2. Whether U.S.A.A. should

Safeway Insurance v. Enterprise Leasing Co.

592 So. 2d 792, 1992 Fla. App. LEXIS 991, 1992 WL 16594

District Court of Appeal of Florida | Filed: Feb 4, 1992 | Docket: 64664765

Published

Car Rental, 553 So.2d 740 (Fla. 5th DCA 1989); § 627.7263, Fla.Stat. (1987).

Mitchell v. Value Rent-A-Car, Inc.

573 So. 2d 961, 1991 Fla. App. LEXIS 366, 1991 WL 4332

District Court of Appeal of Florida | Filed: Jan 22, 1991 | Docket: 64656038

Published

Rental, 553 So.2d 740 (Fla. *9625th DCA 1989); § 627.7263, Fla.Stat. (1987). Affirmed. . Appellants' remaining

International Insurance Co. v. Ryder Truck Rental, Inc.

555 So. 2d 1250, 14 Fla. L. Weekly 2762, 1989 Fla. App. LEXIS 6669

District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 64647702

Published

primary insurance to the lessee pursuant to section 627.7263, Florida Statutes (1981).” See Allstate Ins

American States Insurance Co. v. Transamerica Insurance Co.

515 So. 2d 260, 12 Fla. L. Weekly 2304, 1987 Fla. App. LEXIS 10390

District Court of Appeal of Florida | Filed: Sep 24, 1987 | Docket: 64630810

Published

satisfy the “boldface” type requirement of section 627.7263, Florida Statutes, it was not effective to

Mondello v. Liberty Mutual Insurance

507 So. 2d 1178, 12 Fla. L. Weekly 1353, 1987 Fla. App. LEXIS 8484

District Court of Appeal of Florida | Filed: May 29, 1987 | Docket: 64627478

Published

rehearing of the summary judgment alleging that section 627.7263(1), Florida Statutes (1979), applied only

Holler Rental Co. v. Marsh

488 So. 2d 553, 11 Fla. L. Weekly 862, 1986 Fla. App. LEXIS 7223

District Court of Appeal of Florida | Filed: Apr 10, 1986 | Docket: 64619333

Published

form or content, satisfy the requirements of section 627.7263, Florida Statutes (1981) so as to shift responsibility

Cole v. Southeastern Fidelity Insurance Co.

469 So. 2d 925, 10 Fla. L. Weekly 1330, 1985 Fla. App. LEXIS 14301

District Court of Appeal of Florida | Filed: May 28, 1985 | Docket: 64612261

Published

with the court but for the clear language of section 627.7263(1), Florida Statutes (1983), which states

State Farm Mutual Automobile Insurance Co. v. Day Car, Inc.

395 So. 2d 179, 1980 Fla. App. LEXIS 18342

District Court of Appeal of Florida | Filed: Jun 17, 1980 | Docket: 64580991

Published

has subsequently' been directly addressed by Section 627.7263, Florida Statutes (Supp.1976). This cause