Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS for CS for SB 1118 Ì647274;Î647274 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/10/2016 03:45 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Simmons moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 627.748, Florida Statutes, is created to 6 read: 7 627.748 Transportation network company insurance.— 8 (1) It is the intent of the Legislature to provide for 9 statewide uniformity of laws governing the insurance 10 requirements imposed on transportation network companies and 11 transportation network company drivers. 12 (2) For purposes of this section, the term: 13 (a) “Digital network” means an online application, 14 software, a website, or a system offered or used by a 15 transportation network company which enables the prearrangement 16 of rides with transportation network company drivers. 17 (b) “Personal vehicle” means a vehicle, however titled, 18 which is used by a transportation network company driver in 19 connection with providing transportation network company service 20 and which is: 21 1. Owned, leased, or otherwise authorized for use by the 22 transportation network company driver; and 23 2. Not licensed, registered, or authorized to operate as a 24 taxicab, limousine, jitney, or other for-hire vehicle by any 25 regulatory body. 26 27 Notwithstanding any other law, a vehicle that is let or rented 28 to another for consideration may be used as a personal vehicle. 29 (c) “Prearranged ride” means the provision of 30 transportation by a driver to or on behalf of a rider, beginning 31 when a driver accepts a request for a ride by a rider through a 32 digital network controlled by a transportation network company, 33 continuing while the driver transports the rider, and ending 34 when the last rider departs from the personal vehicle. A 35 prearranged ride does not include transportation provided using 36 a taxi, jitney, limousine, for-hire vehicle as defined in s. 37 320.01(15), or street hail service. 38 (d) “Transportation network company” or “company” means a 39 corporation, partnership, sole proprietorship, or other entity 40 operating in this state which uses a digital network to connect 41 transportation network company riders to transportation network 42 company drivers who provide prearranged rides. A transportation 43 network company does not include an individual, a corporation, a 44 partnership, a sole proprietorship, or any other entity 45 arranging nonemergency medical transportation for individuals 46 qualifying for Medicaid or Medicare pursuant to a contract with 47 the state or a managed care organization. 48 (e) “Transportation network company driver” or “driver” 49 means an individual who: 50 1. Receives connections to potential riders and related 51 services from a transportation network company in exchange for 52 any form of compensation, including payment of a fee to the 53 transportation network company; and 54 2. Uses a personal vehicle to offer or provide a 55 prearranged ride to riders upon connection through a digital 56 network controlled by a transportation network company in return 57 for compensation, including payment of a fee. 58 (f) “Transportation network company rider” or “rider” means 59 an individual who directly or indirectly uses a transportation 60 network company’s digital network to connect with a 61 transportation network company driver who provides 62 transportation services to the individual in the driver’s 63 personal vehicle. 64 (3)(a) A transportation network company driver, or a 65 transportation network company on the driver’s behalf, shall 66 maintain primary motor vehicle insurance that recognizes that 67 the driver is a transportation network company driver or that 68 the driver otherwise uses a personal vehicle to transport riders 69 for compensation. Such primary motor vehicle insurance must 70 cover the driver as required under this section, including while 71 the driver is logged on to the transportation network company’s 72 digital network but is not engaged in a prearranged ride, and 73 while the driver is engaged in a prearranged ride. 74 (b) The following motor vehicle insurance coverage 75 requirements apply while a transportation network company driver 76 is logged on to the transportation network company’s digital 77 network but is not engaged in a prearranged ride: 78 1. Primary motor vehicle bodily injury liability and 79 uninsured and underinsured motorists insurance coverage of at 80 least $100,000 per person, $300,000 per incident, and $50,000 81 for property damage; and 82 2. Primary motor vehicle insurance coverage that meets the 83 minimum requirements under ss. 627.730-627.7405. 84 (c) The following motor vehicle insurance coverage 85 requirements apply while a transportation network company driver 86 is engaged in a prearranged ride: 87 1. Primary motor vehicle bodily injury liability and 88 uninsured and underinsured motorists insurance coverage of at 89 least $125,000 per person, $300,000 per incident, and $50,000 90 for property damage, and primary motor vehicle insurance 91 coverage that meets the minimum requirements under ss. 627.730 92 627.7405; or 93 2. Primary motor vehicle liability insurance coverage that 94 provides at least $1 million combined single limits coverage for 95 bodily injury liability and uninsured and underinsured 96 motorists, and property damage. 97 (d) Effective January 1, 2017, at all times other than the 98 periods specified in paragraphs (b) and (c), the following motor 99 vehicle insurance requirements apply if a driver has an 100 agreement with a transportation network company to provide any 101 form of transportation service to riders: 102 1. Primary motor vehicle liability insurance coverage of at 103 least $25,000 for death and bodily injury per person, $50,000 104 for death and bodily injury per incident, and $10,000 for 105 property damage; and 106 2. Primary motor vehicle insurance that provides the 107 minimum requirements under ss. 627.730-627.7405. 108 (e) The coverage requirements of paragraphs (b), (c), and 109 (d) may be satisfied by insurance maintained by the 110 transportation network company driver, by the transportation 111 network company, or by a combination of both. 112 (f) If the insurance maintained by a driver under paragraph 113 (b) or paragraph (c) lapses or does not provide the required 114 coverage, the transportation network company must maintain 115 insurance that provides the coverage required by this section 116 beginning with the first dollar of a claim and must obligate the 117 insurer to defend such a claim in this state. 118 (g) The transportation network company driver is solely 119 responsible for obtaining and maintaining the insurance required 120 under paragraph (d). Upon application by any person to become a 121 driver, the transportation network company shall notify the 122 applicant that the driver must obtain and maintain the insurance 123 required under paragraph (d). The driver must provide the 124 transportation network company with proof of the required 125 insurance at the time of application and at least every 6 months 126 thereafter. Proof of the required insurance may be: 127 1. A copy of an insurance card or other document from the 128 insurance company which indicates the driver has coverage that 129 satisfied the requirements of paragraph (d); or 130 2. A copy of an insurance card or other document from the 131 insurance company which indicates the driver has coverage for 132 bodily injury and a certification from the driver that the 133 coverage satisfies the requirements of paragraph (d). 134 135 All documents and certifications provided pursuant to this 136 paragraph may be in an electronic format. If the driver does not 137 maintain insurance as required by paragraph (d), the 138 transportation network company shall suspend the driver’s access 139 to the company’s digital network until the driver complies with 140 the requirements of paragraph (d). 141 (h) Coverage under a motor vehicle insurance policy 142 maintained by the transportation network company shall not be 143 contingent on a denial of a claim under the driver’s personal 144 motor vehicle liability insurance policy, nor shall a personal 145 motor vehicle insurer be required to first deny a claim. 146 (i) Motor vehicle insurance required by this section must 147 be provided by an insurer authorized to do business in this 148 state which is a member of the Florida Insurance Guaranty 149 Association or an eligible surplus lines insurer that has a 150 superior, an excellent, an exceptional, or an equivalent 151 financial strength rating by a rating agency acceptable to the 152 office. 153 (j) Motor vehicle insurance that satisfies the requirements 154 of this section is deemed to satisfy the financial 155 responsibility requirements imposed under chapter 324 and the 156 security requirements imposed under s. 627.733. However, the 157 provision of transportation to persons for compensation which is 158 not covered under this section subjects a vehicle and driver to 159 the requirements of chapters 320 and 324. 160 (k) A transportation network company driver shall carry 161 proof of insurance coverage that meets the requirements of 162 paragraphs (b), (c), and (d) at all times during his or her use 163 of a personal vehicle. In the event of an accident: 164 1. The driver shall provide the insurance coverage 165 information to the directly involved parties, insurers, and 166 investigating law enforcement officers. Proof of financial 167 responsibility may be provided through a digital telephone 168 application under s. 316.646 which is controlled by a 169 transportation network company. 170 2. Upon request, the driver shall disclose to the directly 171 involved parties, insurers, and investigating law enforcement 172 officers whether the driver, at the time of the accident, was 173 logged on to the transportation network company’s digital 174 network or engaged in a prearranged ride. 175 (l) Before a driver may accept a request for a prearranged 176 ride on the transportation network company’s digital network, 177 the transportation network company shall disclose in writing to 178 each transportation network company driver: 179 1. The type and limits of insurance coverage provided by 180 the transportation network company; 181 2. The type of insurance coverage that the driver must 182 maintain while the driver uses a personal vehicle in connection 183 with providing transportation network company services; and 184 3. That the provision of rides for compensation, whether 185 prearranged or otherwise, which is not covered by this section 186 subjects the driver to the coverage requirements imposed by s. 187 324.032(1) and that failure to meet such limits subjects the 188 driver to penalties provided in s. 324.221, up to and including 189 a misdemeanor of the second degree. 190 (m) An insurer that provides personal motor vehicle 191 insurance policies under this part may exclude from coverage 192 under a policy issued to an owner or operator of a personal 193 vehicle any loss or injury that occurs while a driver is logged 194 on to a transportation network company’s digital network or 195 while a driver is engaged in a prearranged ride. Such right to 196 exclude coverage applies to any coverage under a personal motor 197 vehicle insurance policy, including, but not limited to: 198 1. Liability coverage for bodily injury and property 199 damage. 200 2. Personal injury protection coverage. 201 3. Uninsured and underinsured motorist coverage. 202 4. Medical payments coverage. 203 5. Comprehensive physical damage coverage. 204 6. Collision physical damage coverage. 205 206 However, these exclusions shall not affect or diminish coverage 207 otherwise available for resident relatives of the owner or 208 driver who are not occupying the personal vehicle at the time of 209 the loss. 210 (n) The exclusions authorized under paragraph (m) apply 211 notwithstanding any financial responsibility requirements under 212 chapter 324. This section does not require that a personal motor 213 vehicle insurance policy provide coverage while the driver is 214 logged on to the transportation network company’s digital 215 network, while the driver is engaged in a prearranged ride, or 216 while the driver otherwise uses a personal vehicle to transport 217 riders for compensation. However, an insurer may elect to 218 provide coverage by contract or endorsement for such driver’s 219 personal vehicle used for such purposes. 220 (o) An insurer that excludes coverage as authorized under 221 paragraph (m): 222 1. Does not have a duty to defend or indemnify an excluded 223 claim. This section does not invalidate or limit an exclusion 224 contained in a policy, including any policy in use or approved 225 for use in this state before July 1, 2016. 226 2. Has a right of contribution against other insurers that 227 provide motor vehicle insurance to the same driver in 228 satisfaction of the coverage requirements of this section at the 229 time of loss, if the insurer defends or indemnifies a claim 230 against a driver which is excluded under the terms of its 231 policy. 232 (p) In a claims investigation, a transportation network 233 company and any insurer providing coverage for a claim under 234 this section shall cooperate to facilitate the exchange of 235 relevant information with directly involved parties and insurers 236 of the transportation network company driver, if applicable. 237 Such information must provide: 238 1. The precise times that a driver logged on and off the 239 transportation network company’s digital network during the 12 240 hour period immediately before and immediately after the 241 accident. 242 2. A clear description of the coverage, any exclusions, and 243 the limits provided under insurance maintained under this 244 section. 245 (q) If a transportation network company’s insurer makes a 246 payment for a claim covered under comprehensive coverage or 247 collision coverage, the transportation network company shall 248 cause its insurer to issue the payment directly to the entity 249 repairing the vehicle or jointly to the owner of the vehicle and 250 the primary lienholder on the covered vehicle. 251 (4) Unless agreed to in a written contract, a 252 transportation network company is not deemed to control, direct, 253 or manage the personal vehicles that, or the transportation 254 network company drivers who, connect to its digital network, 255 solely as a result of the transportation network company being a 256 transportation network company pursuant to this section. 257 (5) A transportation network company shall provide an 258 electronic notice to transportation network company drivers at 259 least once every 10 times the driver logs into that company’s 260 digital network which states that unless the driver has other 261 additional motor vehicle insurance as required by this section, 262 it is illegal for a transportation network company driver to 263 solicit or accept a ride if the ride is not arranged through 264 that transportation network company’s digital network, and that 265 such rides shall not be covered by a transportation network 266 company driver’s or a transportation network company’s insurance 267 policy. 268 (6) Notwithstanding any other law, transportation network 269 company insurance requirements are governed exclusively by this 270 section and any rules adopted under this section. A political 271 subdivision of this state shall not adopt any ordinance imposing 272 insurance requirements on a transportation network company or 273 driver inconsistent with or more burdensome than the provisions 274 of this section. All such ordinances, whether existing or 275 proposed, are preempted and superseded by general law. 276 (7) Unless otherwise provided herein, the requirements of 277 this section are in addition to the other requirements for 278 obtaining and maintenance of motor vehicle insurance in this 279 state. This section does not affect other motor vehicle 280 insurance requirements in this state, including those for a 281 motor vehicle used as a common carrier. 282 (8) The Financial Services Commission may adopt rules to 283 administer this section. 284 Section 2. Paragraphs (b) and (c) of subsection (1) of 285 section 316.066, Florida Statutes, are amended, and paragraph 286 (e) is added to subsection (3) of that section, to read: 287 316.066 Written reports of crashes.— 288 (1) 289 (b) The Florida Traffic Crash Report, Long Form must 290 include: 291 1. The date, time, and location of the crash. 292 2. A description of the vehicles involved. 293 3. The names and addresses of the parties involved, 294 including all drivers and passengers, and the identification of 295 the vehicle in which each was a driver or a passenger. 296 4. The names and addresses of witnesses. 297 5. The name, badge number, and law enforcement agency of 298 the officer investigating the crash. 299 6. The names of the insurance companies for the respective 300 parties involved in the crash. 301 7. A statement as to whether, at the time of the accident, 302 any driver was providing a prearranged ride or logged into a 303 digital network of a transportation network company, as those 304 terms are defined in s. 627.748. 305 (c) In any crash for which a Florida Traffic Crash Report, 306 Long Form is not required by this section and which occurs on 307 the public roadways of this state, the law enforcement officer 308 shall complete a short-form crash report or provide a driver 309 exchange-of-information form, to be completed by all drivers and 310 passengers involved in the crash, which requires the 311 identification of each vehicle that the drivers and passengers 312 were in. The short-form report must include: 313 1. The date, time, and location of the crash. 314 2. A description of the vehicles involved. 315 3. The names and addresses of the parties involved, 316 including all drivers and passengers, and the identification of 317 the vehicle in which each was a driver or a passenger. 318 4. The names and addresses of witnesses. 319 5. The name, badge number, and law enforcement agency of 320 the officer investigating the crash. 321 6. The names of the insurance companies for the respective 322 parties involved in the crash. 323 7. A statement as to whether, at the time of the accident, 324 any driver was providing a prearranged ride or logged into a 325 digital network of a transportation network company, as those 326 terms are defined in s. 627.748. 327 (3) 328 (e) Any driver who provides a false statement to a law 329 enforcement officer in connection with the information that is 330 required to be reported under subparagraph (1)(b)7. or 331 subparagraph (1)(c)7. commits a misdemeanor of the second 332 degree, punishable as provided in s. 775.082 or s. 775.083. 333 Section 3. Section 316.680, Florida Statutes, is created to 334 read: 335 316.680 Transportation network companies.— 336 (1) DEFINITIONS.—As used in this section, the term: 337 (a) “Digital network” means any online-enabled application, 338 software, website, or system offered or used by a transportation 339 network company that enables the prearrangement of rides with 340 transportation network company drivers. 341 (b) “Personal vehicle” means a vehicle that is used by a 342 transportation network company driver in connection with 343 providing transportation network company service and is: 344 1. Owned, leased, or otherwise authorized for use by a 345 transportation network company driver; and 346 2. Not registered as a taxi, jitney, limousine, or for-hire 347 vehicle as defined in s. 320.01(15). 348 349 Notwithstanding any other provision of law, a vehicle that is 350 let or rented to another for consideration may be used as a 351 personal vehicle. 352 (c) “Transportation network company” or “company” means an 353 entity granted a permit under this section to operate in this 354 state using a digital network or software application to connect 355 riders to transportation network company services provided by 356 drivers. A transportation network company does not include an 357 individual, a corporation, a partnership, a sole proprietorship, 358 or any other entity arranging nonemergency medical 359 transportation for individuals qualifying for Medicaid or 360 Medicare pursuant to a contract with the state or a managed care 361 organization. 362 (d) “Transportation network company driver” or “driver” 363 means an individual who: 364 1. Receives connections to potential riders and related 365 services from a transportation network company in exchange for 366 payment of a fee to the transportation network company; and 367 2. Uses a personal vehicle to provide transportation 368 network company service to riders upon connection through a 369 digital network controlled by a transportation network company 370 in return for compensation or payment of a fee. 371 (e) “Transportation network company rider” or “rider” means 372 an individual or a person who uses a transportation network 373 company’s digital network to connect with a transportation 374 network company driver who provides transportation network 375 company service to the person in the driver’s personal vehicle 376 between points chosen by the person. 377 (f) “Transportation network company service” means the 378 provision of transportation by a driver to a rider, beginning 379 when a driver accepts a ride requested by a rider through a 380 digital network controlled by a transportation network company, 381 continuing while the driver transports the rider, and ending 382 when the last rider departs from the personal vehicle. The term 383 does not include a taxi, for-hire vehicle, or street hail 384 service and does not include ridesharing as defined in s. 385 341.031, a carpool service as defined s. 450.28, or any other 386 type of service in which the driver receives a fee that does not 387 exceed the driver’s cost to provide the ride. 388 (g) “Trip” means the duration of transportation network 389 company service beginning at a point of origin where the rider 390 enters the driver’s vehicle and ending at a point of destination 391 where the rider exits the vehicle. 392 (2) CONSTRUCTION.—Unless a transportation network company 393 or driver engages in conduct causing it to satisfy the 394 applicable requirements, such company or driver is not a common 395 carrier or a provider of taxi or for-hire vehicle services, nor 396 is a vehicle used by a driver for transportation network company 397 service subject to registration as a commercial motor vehicle or 398 a for-hire vehicle. 399 (3) FOR-HIRE VEHICLES.— 400 (a) A vehicle used as a taxicab, a limousine, or a for-hire 401 vehicle as defined in s. 320.01(15) may also be used to provide 402 transportation network company services upon connection through 403 a digital network controlled by a transportation network company 404 if the vehicle and its driver offering such services are 405 authorized to operate as a taxicab, a limousine, or other for 406 hire driver under the laws of a county, a municipality, a 407 special district, or other local governmental entity and the 408 vehicle used to offer such service is insured in accordance with 409 s. 324.032. 410 (b) This section exclusively governs the provision of 411 transportation network company services by drivers and the use 412 of vehicles for that purpose. 413 (c) This section does not prohibit a taxicab company, a 414 limousine company, or other for-hire transportation company from 415 operating or affiliating with a transportation network company 416 that complies with all requirements in this section. 417 (4) PERMIT REQUIRED.— 418 (a) A company must obtain a permit from the department to 419 operate a transportation network company in this state. 420 (b) The department shall issue a permit to each company 421 that affirms it will maintain compliance with the requirements 422 of this section and that pays an annual permit fee of $5,000 to 423 the department to be deposited into the Highway Safety Operating 424 Trust Fund. 425 (c) The department may assess an administrative fine not to 426 exceed $5,000 per occurrence for each violation of this section, 427 or rule of the department, by a transportation network company. 428 The department may suspend, revoke, deny, or refuse to renew the 429 permit of a transportation network company that fails to meet 430 the requirements of this section. The revocation, denial, or 431 refusal to renew a permit or the length of a suspension shall be 432 based on the type of conduct and the probability that the 433 propensity to commit further illegal conduct has been overcome 434 at the time of eligibility for the permit to be issued, 435 reinstated, or renewed. The length of suspension may be adjusted 436 based on aggravating or mitigating factors, established by rule 437 and consistent with this purpose. 438 (5) AGENT FOR SERVICE OF PROCESS REQUIRED.—A transportation 439 network company must designate and maintain a registered agent 440 for service of process in this state. If the registered agent of 441 the company cannot be found after reasonable diligence or if the 442 company fails to designate or maintain a registered agent in 443 this state, the executive director of the department must be an 444 agent of the transportation network company upon whom any 445 process, notice, or demand may be served. 446 (6) FARE COLLECTED FOR SERVICES.—A company may collect a 447 fare on behalf of a driver for the services provided to riders. 448 However, if a fare is collected from a rider, the company must 449 disclose to the rider the fare calculation method on its website 450 or within its software application. The company shall also 451 provide the rider with the applicable rates being charged and 452 the option to receive an estimated fare before the rider enters 453 the driver’s vehicle. 454 (7) IDENTIFICATION OF VEHICLES AND DRIVERS.— 455 (a) The company’s software application or website shall 456 display a picture of the driver and the license plate number of 457 the motor vehicle used to provide transportation network company 458 service before the rider enters the driver’s vehicle. 459 (b)1. A transportation network company shall provide to 460 each of its affiliated drivers a credential, which may be 461 displayed as part of the digital network, that includes the 462 following information: 463 a. The name or logo of the transportation network company; 464 b. The name of the affiliated driver; and 465 c. The make, model, license plate number, and state issuing 466 the license plate of each personal vehicle used by the 467 affiliated driver. 468 2. The driver shall carry the credential at all times 469 during the operation of a personal vehicle. 470 (8) ELECTRONIC RECEIPT.—Within a reasonable time, the 471 company shall provide an electronic receipt to the rider which 472 lists: 473 (a) The origin and destination of the trip. 474 (b) The total time and distance of the trip. 475 (c) An itemization of the total fare paid. 476 (9) TRANSPORTATION NETWORK COMPANY AND DRIVER INSURANCE 477 REQUIREMENTS.—Beginning July 1, 2016, a transportation network 478 company driver or transportation network company on the driver’s 479 behalf shall maintain primary motor vehicle insurance that meets 480 the requirements of s. 627.748. 481 (10) DRUG OR ALCOHOL USE.— 482 (a) A driver shall not use or be under the influence of 483 illegal drugs or alcohol while providing transportation network 484 company services or while logged into the company’s digital 485 network but not providing service. 486 (b) A company shall provide notice on its website of a zero 487 tolerance policy under paragraph (a) and shall provide 488 procedures for a rider to file a complaint about a driver who 489 the rider reasonably suspects was under the influence of drugs 490 or alcohol during the course of a trip. 491 (c) Upon receipt of a rider complaint alleging a violation 492 of the zero tolerance policy, the company shall immediately 493 suspend the accused driver’s access to the company’s digital 494 network and shall conduct an investigation into the reported 495 incident. The suspension shall last for the duration of the 496 investigation. 497 (11) TRANSPORTATION NETWORK COMPANY DRIVER REQUIREMENTS.— 498 (a) Before allowing a person to act as a driver on its 499 digital network, and at least once annually thereafter, the 500 company shall: 501 1. Require the applicant to submit an application to the 502 company, including his or her address, date of birth, social 503 security number, driver license number, driving history, motor 504 vehicle registration, motor vehicle liability insurance, and 505 other information required by the company. 506 2. Conduct, or have a third party conduct, a criminal 507 background check for each applicant to include: 508 a. A multistate/multijurisdictional criminal records 509 locator or other similar commercial national database with 510 validation. 511 b. The Dru Sjodin National Sex Offender Public Website. 512 3. Conduct a social security trace or similar 513 identification check that is designed to identify relevant 514 information about the applicant, including first name, middle 515 name or initial, last name, aliases, maiden name, alternative 516 spellings, nicknames, date of birth, and any known addresses. 517 4. Obtain and review a driving history research report for 518 the applicant. 519 (b) An applicant shall not act as a driver on a digital 520 network if any of the following apply: 521 1. The applicant has had more than three moving violations 522 in the 3-year period before the application or one major 523 violation in the 3-year period. A major violation is: 524 a. Fleeing or attempting to elude a law enforcement 525 officer; 526 b. Reckless driving; or 527 c. Driving with a suspended or revoked license. 528 2. The applicant has been convicted, within the 7-year 529 period before the application, of driving under the influence of 530 drugs or alcohol, fraud, sexual offenses, use of a motor vehicle 531 to commit a felony, a crime involving property damage or theft, 532 acts of violence, or acts of terror. 533 3. The applicant has been convicted, within the 7-year 534 period before the application, of any offense listed in the 535 level 2 screening standards in s. 435.04(2) or (3), or a 536 substantially similar law of another state or a federal law. 537 4. The applicant is a match in the Dru Sjodin National Sex 538 Offender Public Website. 539 5. The applicant does not possess a valid driver license. 540 6. The applicant does not possess proof of registration for 541 the motor vehicle used to provide transportation network company 542 service. 543 7. The applicant does not possess proof of motor vehicle 544 liability insurance for the motor vehicle used to provide 545 transportation network company service. 546 8. The applicant has not attained the age of 19 years. 547 (12) PROHIBITED CONDUCT.—Unless providing a transportation 548 network company service pursuant to subsection (3), a 549 transportation network company driver shall not: 550 (a) Accept a rider other than a rider arranged through a 551 digital network or a software application. 552 (b) Solicit or accept street hails. 553 (c) Solicit or accept cash payments from riders. A company 554 shall adopt a policy prohibiting solicitation or acceptance of 555 cash payments from riders and shall notify drivers of the 556 policy. The policy must require a payment for transportation 557 network company services to be made electronically using the 558 company’s digital network or software application. 559 (13) NONDISCRIMINATION; ACCESSIBILITY.— 560 (a) A company shall not discriminate against a driver as 561 required by applicable federal or state law. 562 (b) A company and its drivers shall not discriminate, as 563 required by applicable state or federal law, with respect to 564 riders and potential riders, and shall notify drivers of such 565 requirement. 566 (c) A company and its drivers shall comply with all 567 applicable laws relating to accommodation of service animals. 568 (d) A company and its drivers shall not impose additional 569 charges for providing transportation network company services to 570 persons with physical disabilities because of those 571 disabilities. 572 (e) A company and its drivers shall provide riders an 573 opportunity to indicate whether they require accommodations due 574 to a rider’s disabilities, including a wheelchair-accessible 575 vehicle. If a company cannot arrange such services, including 576 wheelchair-accessible service, it must take such action as 577 required by applicable state and federal law and at least direct 578 the rider to an alternate provider of such services, including 579 wheelchair-accessible service. 580 (14) RECORDS.—A company shall maintain: 581 (a) Individual trip records for at least 5 years after the 582 date each trip was provided. 583 (b) Driver records for at least 5 years after the date on 584 which a driver’s activation on the company’s digital network has 585 ended. 586 (c) Records of written rider complaints received through 587 the company’s software application for at least 5 years after 588 the date such complaint is received by the company. 589 (15) PREEMPTION.— 590 (a) It is the intent of the Legislature to provide for 591 general uniformity of laws and parameters for local governments 592 governing transportation network companies, transportation 593 network company drivers, and personal vehicles used by 594 transportation network company drivers throughout the state to 595 the extent provided in this section and s. 627.748 relating to 596 insurance requirements. Transportation network companies, 597 transportation network company drivers, and personal vehicles 598 used by transportation network company drivers are governed by 599 state law and any rules adopted by the department in regard to 600 these provisions, to the extent as provided in this subsection. 601 Local governments shall retain the right to regulate 602 transportation network companies, transportation network company 603 drivers, and personal vehicles used by transportation network 604 company drivers, except as expressly preempted herein. 605 (b) A county, a municipality, a special district, an 606 airport authority, a port authority, or any other local 607 governmental entity or subdivision may impose additional 608 standards, regulations, obligations, procedures, requirements, 609 rate regulations, taxes, or fees applicable to transportation 610 network company services that are provided to any transportation 611 network company rider who requests service to, from, or on the 612 property of an airport, a designated deep water port, or a 613 similar facility. Such standards, regulations, or procedures may 614 include authorizing, limiting, or prohibiting such services. 615 (c) Except as provided in paragraph (b), a county, a 616 municipality, a special district, an airport authority, a port 617 authority, or any other local governmental entity or subdivision 618 shall not regulate the rates charged by a transportation network 619 company. 620 (d) In the event of urgent or emergency circumstances, a 621 county, a municipality, a special district, an airport 622 authority, a port authority, or any other local governmental 623 entity or subdivision may adopt temporary measures applicable to 624 transportation network companies and transportation network 625 company services necessary to protect the health, safety, and 626 welfare of the public. 627 (16) RULEMAKING.—The department may adopt rules to 628 administer this section, including rules establishing specific 629 penalties for violations of this section. The purpose of the 630 penalties is to deter violations of this section by 631 transportation network companies and transportation network 632 company drivers. Penalties for violations that could endanger 633 the public must be more severe than penalties that do not cause 634 such danger. The department shall adopt rules to provide for 635 consumer protection against price gouging during urgent or 636 emergency circumstances. As used in this subsection, “price 637 gouging” means pricing that grossly exceeds the average price 638 charged during the 30 days before urgent or emergency 639 circumstances occurred, unless the increase is attributable to 640 increased costs incurred to provide service. 641 Section 4. Section 324.031, Florida Statutes, is amended to 642 read: 643 324.031 Manner of proving financial responsibility.—The 644 owner or operator of a taxicab, a limousine, a jitney, any 645 vehicle used in connection with a transportation network 646 company, or any other for-hire passenger transportation vehicle 647 may prove financial responsibility by providing satisfactory 648 evidence of holding a motor vehicle liability policy as defined 649 in s. 324.021(8) or s. 324.151, which policy is issued by an 650 insurance carrier which is a member of the Florida Insurance 651 Guaranty Association or an eligible surplus lines insurer. The 652 operator or owner of any other vehicle may prove his or her 653 financial responsibility by: 654 (1) Furnishing satisfactory evidence of holding a motor 655 vehicle liability policy as defined in ss. 324.021(8) and 656 324.151; 657 (2) Furnishing a certificate of self-insurance showing a 658 deposit of cash in accordance with s. 324.161; or 659 (3) Furnishing a certificate of self-insurance issued by 660 the department in accordance with s. 324.171. 661 662 Any person, including any firm, partnership, association, 663 corporation, or other person, other than a natural person, 664 electing to use the method of proof specified in subsection (2) 665 shall furnish a certificate of deposit equal to the number of 666 vehicles owned times $30,000, to a maximum of $120,000; in 667 addition, any such person, other than a natural person, shall 668 maintain insurance providing coverage in excess of limits of 669 $10,000/20,000/10,000 or $30,000 combined single limits, and 670 such excess insurance shall provide minimum limits of 671 $125,000/250,000/50,000 or $300,000 combined single limits. 672 These increased limits shall not affect the requirements for 673 proving financial responsibility under s. 324.032(1). 674 Section 5. This act shall take effect July 1, 2016. 675 676 ================= T I T L E A M E N D M E N T ================ 677 And the title is amended as follows: 678 Delete everything before the enacting clause 679 and insert: 680 A bill to be entitled 681 An act relating to transportation network companies; 682 creating s. 627.748, F.S.; providing legislative 683 intent; defining terms; requiring a transportation 684 network company driver, or the transportation network 685 company on the driver’s behalf, or a combination of 686 both, to maintain certain primary motor vehicle 687 insurance under specified circumstances; providing 688 coverage requirements under specified circumstances; 689 requiring a transportation network company to maintain 690 certain insurance and obligate the insurer to defend a 691 certain claim if specified insurance of the driver 692 lapses or does not provide the required coverage; 693 providing that a driver is solely responsible for 694 maintaining required insurance; requiring a 695 transportation network company to provide a specified 696 notice to a driver applicant; requiring a driver to 697 provide a transportation network company with 698 specified proof of insurance at the time of 699 application and at specified intervals; requiring a 700 transportation network company to suspend a driver’s 701 access to its digital network if the driver does not 702 maintain required insurance; providing that certain 703 coverage shall not be contingent on a claim denial; 704 specifying requirements for insurers that provide the 705 required insurance; providing for construction; 706 requiring a transportation network company driver to 707 carry proof of certain insurance coverage at all times 708 during his or her use of a personal vehicle and to 709 disclose specified information in the event of an 710 accident; requiring a transportation network company 711 to make certain disclosures and provide a specified 712 notice to transportation network company drivers; 713 authorizing an insurer to exclude certain coverage for 714 loss or injury to specified persons which occurs under 715 certain circumstances; providing for applicability and 716 construction; requiring a transportation network 717 company and certain insurers to cooperate during a 718 claims investigation to facilitate the exchange of 719 specified information; requiring a transportation 720 network company to cause its insurer to issue payments 721 for claims directly to specified entities under 722 certain circumstances; providing that, unless agreed 723 to in a written contract, a transportation network 724 company is not deemed to control, direct, or manage 725 the personal vehicles or transportation network 726 company drivers that connect to its digital network; 727 requiring a transportation network company to provide 728 drivers with a certain notice at specified intervals; 729 specifying preemption of laws pertaining to 730 transportation network company insurance; providing 731 applicability; authorizing the Financial Services 732 Commission to adopt rules; amending s. 316.066, F.S.; 733 requiring a statement in certain crash reports as to 734 whether any driver at the time of the accident was 735 providing a prearranged ride or logged into a digital 736 network of a transportation network company; providing 737 a criminal penalty for a driver who provides a false 738 statement to a law enforcement officer in connection 739 with certain information; creating s. 316.680, F.S.; 740 providing definitions; providing for construction to 741 specify that, except under certain circumstances, a 742 transportation network company or a driver is not a 743 common carrier and is not a taxi or for-hire vehicle 744 service, and that certain vehicle registrations are 745 not required; authorizing certain vehicles to be used 746 to provide transportation network company services 747 under certain circumstances; providing for 748 applicability and construction; requiring a 749 transportation network company to obtain a permit from 750 the Department of Highway Safety and Motor Vehicles to 751 operate in this state; specifying a permit fee and 752 permitting requirements; authorizing the department to 753 impose administrative fines and other penalties for 754 violations based on certain factors; requiring a 755 transportation network company to designate and 756 maintain a registered agent for certain purposes; 757 providing that the executive director of the 758 department is an agent for service under certain 759 circumstances; providing requirements for a company 760 collecting fares on behalf of its drivers; providing 761 requirements for identification of vehicles and 762 drivers; providing requirements for electronic 763 receipts; providing motor vehicle insurance 764 requirements; specifying requirements for drug and 765 alcohol use policies; specifying requirements for 766 transportation network companies to initially and 767 annually screen its drivers; specifying disqualifying 768 circumstances for drivers; specifying prohibited 769 conduct by drivers; providing requirements for 770 nondiscrimination and accessibility; providing 771 recordkeeping requirements for transportation network 772 companies; specifying preemption of laws; providing 773 exceptions; prohibiting certain local governmental 774 entities or subdivisions from regulating certain 775 rates; authorizing certain local governmental entities 776 to adopt temporary measures under certain 777 circumstances; authorizing the department to adopt 778 rules; requiring the department to adopt rules to 779 provide for consumer protection against price gouging; 780 defining the term “price gouging”; providing for 781 construction; amending s. 324.031, F.S.; adding a 782 vehicle used to provide transportation network company 783 services to a list of vehicles that may prove 784 financial responsibility in a specified manner; adding 785 the holding of a motor vehicle liability policy issued 786 by an eligible surplus lines insurer as satisfactory 787 evidence of financial responsibility; providing an 788 effective date.