Supreme Court of Florida

Rafael Vargas, Petitioner v. Enterprise Leasing Company

April 21, 201136 Fla. L. Weekly Supp. 187

Summary

Justice Labarga dissents, arguing that Florida Statutes section 324.021(9)(b)2 imposes a financial responsibility duty on lessors and therefore is not preempted by the Graves Amendment. The dissent interprets the statute’s title, purpose, and related provisions as establishing insurance requirements, preserving state duties despite the amendment’s preemption of vicarious liability.