13 Fla. L. Weekly Supp. 1224a
Insurance — Personal injury protection — Reimbursement — Commercial motor vehicle — Vehicle owned by private corporation contracting with municipality to provide transportation services is commercial motor vehicle and is not deemed to be owned by municipality for purposes of exclusion from statutory provisions for reimbursement of benefits paid by PIP insurer of private passenger vehicle for injury to insured while occupant of commercial motor vehicle or when struck by commercial motor vehicle while not occupant of self-propelled vehicle
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. LUCANUS DEVELOPMENTAL CENTER, INC., Defendant. County Court, 17th Judicial Circuit in and for Broward County, Civil Division. Case No. 05-018987-COCE-51. Setptember 1, 2006. Martin R. Dishowitz, Judge. Counsel: David B. Kampf, Ramey & Kampf, P.A., Tampa, for Plaintiff. Lisa C. White and J. Robert Miertschin, Jr., Plantation, for Defendant.
ORDER GRANTING STATE FARM’S MOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE having come before the Court on August 15, 2006 on Plaintiff, STATE FARM’S Motion for Summary Judgment and Defendant, LUCANUS DEVELOPMENT CENTER’S Motion for Summary Judgment, and the Court having heard argument of Counsel, having reviewed the file and being otherwise fully advised of the premises, it is hereby
ORDERED AND ADJUDGED:
1. This Court finds that the vehicle owned by Lucanus Developmental Center, Inc. shall be deemed a commercial motor vehicle pursuant to Florida Statute §627.732(3). The fact that the vehicle is owned by an entity that has contracted with the municipality to provide transportation services does not result in the vehicle being deemed to be owned by a municipality, transit authority, or political subdivision of the state. Therefore, the vehicle was not excluded as a “motor vehicle” pursuant to Florida Statute §627.732(3)(b).
2. Therefore, Defendant’s Motion for Summary Judgment shall hereby be DENIED.
3. Plaintiff, State Farm Mutual Automobile Insurance Company’s Motion for Summary Judgment shall hereby be GRANTED based on the vehicle owned by Defendant being deemed a commercial motor vehicle and, thus, subject to a commercial right of reimbursement pursuant to Florida Statute §627.7405. The determination of a “commercial motor vehicle” is not governed by Florida Statute §207.002 or Florida Statute §320.01.
4. Based on the stipulation of the parties as to the benefits at issue, State Farm shall be entitled to an award of damages in the amount of $7,837.09 plus prejudgment interest at a rate of 7% per annum from February 2, 2005 for a total interest award of $822.89.
5. Based on the above, the Court finds that State Farm Mutual Automobile Insurance Company shall be entitled to recover from the Defendant the sum of $8,659.98, and post judgment interest at a rate of 9% per annum for which sum let execution issue.
6. This Court hereby reserves jurisdiction to hear argument and to determine State Farm’s entitlement and reasonableness of attorneys’ fees and costs.
