VARGAS v. ENTERPRISE LEASING CO.

No. 4D07-3929.

993 So.2d 614 (2008)

Rafael VARGAS, Appellant, v. ENTERPRISE LEASING COMPANY, a Florida corporation, Elizabeth Price, and Jimmy Middleton, Appellees.

District Court of Appeal of Florida, Fourth District.

October 31, 2008.


Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, and Mariano Garcia of Gonzalez Porcher Alber & Garcia, Lake Worth, for appellant.

David C. Borucke of Holland & Knight LLP, Tampa, for appellee Enterprise Leasing Company, a Florida corporation.


GROSS, J.

The issue before the court is whether by enacting 49 U.S.C. § 30106, the Graves Amendment, Congress preempted section 324.021(9)(b)2, Florida Statutes (2007), involving short term leases of motor vehicles. We hold that the Florida statute has been preempted and affirm the judgment of the trial court. We conclude that the section is neither a "financial responsibility law" nor a "liability insurance requirement" under the exceptions to preemption in...

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