Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1352
       
       
       
       
       
       
                                Ì506848PÎ506848                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/11/2020           .                                
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       The Committee on Innovation, Industry, and Technology (Brandes)
       recommended the following:
       
    1         Senate Substitute for Amendment (817654) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (b) of subsection (15) of section
    7  320.01, Florida Statutes, is amended to read:
    8         320.01 Definitions, general.—As used in the Florida
    9  Statutes, except as otherwise provided, the term:
   10         (15)
   11         (b) The following are not included in the term “for-hire
   12  vehicle”: a motor vehicle used for transporting school children
   13  to and from school under contract with school officials; a
   14  hearse or ambulance when operated by a licensed embalmer or
   15  mortician or his or her agent or employee in this state; a motor
   16  vehicle used in the transportation of agricultural or
   17  horticultural products or in transporting agricultural or
   18  horticultural supplies direct to growers or the consumers of
   19  such supplies or to associations of such growers or consumers; a
   20  motor vehicle temporarily used by a farmer for the
   21  transportation of agricultural or horticultural products from
   22  any farm or grove to a packinghouse or to a point of shipment by
   23  a transportation company; or a motor vehicle not exceeding 1 1/2
   24  tons under contract with the Government of the United States to
   25  carry United States mail, provided such vehicle is not used for
   26  commercial purposes; a TNC vehicle as defined in s. 627.748(1);
   27  or a motor vehicle compliant with the Americans with
   28  Disabilities Act which is owned and used by a company that uses
   29  a digital network to facilitate prearranged rides to persons
   30  with disabilities for compensation.
   31         Section 2. Present paragraphs (f) and (g) of subsection
   32  (1), present subsections (11) through (14), and present
   33  subsection (15) of section 627.748, Florida Statutes, are
   34  redesignated as paragraphs (g) and (h) of subsection (1),
   35  subsections (12) through (15), and subsection (17),
   36  respectively, a new paragraph (f) is added to subsection (1) and
   37  a new subsection (11) and subsections (16) and (18) are added to
   38  that section, and paragraphs (b) and (e) and present paragraph
   39  (g) of subsection (1), subsection (2), paragraphs (b) and (c) of
   40  subsection (7), and paragraph (a) of present subsection (15) of
   41  that section are amended, to read:
   42         627.748 Transportation network companies.—
   43         (1) DEFINITIONS.—As used in this section, the term:
   44         (b) “Prearranged ride” means the provision of
   45  transportation by a TNC driver to a rider, beginning when a TNC
   46  driver accepts a ride requested by a rider through a digital
   47  network controlled by a transportation network company,
   48  continuing while the TNC driver transports the rider, and ending
   49  when the last rider exits from and is no longer occupying the
   50  TNC vehicle. The term does not include a taxicab, for-hire
   51  vehicle, or street hail service and does not include ridesharing
   52  as defined in s. 341.031, carpool as defined in s. 450.28, or
   53  any other type of service in which the driver receives a fee
   54  that does not exceed the driver’s cost to provide the ride.
   55         (e) “Transportation network company” or “TNC” means an
   56  entity operating in this state pursuant to this section using a
   57  digital network to connect a rider to a TNC driver, who provides
   58  prearranged rides. A TNC is not deemed to own, control, operate,
   59  direct, or manage the TNC vehicles or TNC drivers that connect
   60  to its digital network, except where agreed to by written
   61  contract, and is not a taxicab association or for-hire vehicle
   62  owner. An individual, corporation, partnership, sole
   63  proprietorship, or other entity that arranges medical
   64  transportation for individuals qualifying for Medicaid or
   65  Medicare pursuant to a contract with the state or a managed care
   66  organization is not a TNC. This section does not prohibit a TNC
   67  from providing prearranged rides to individuals who qualify for
   68  Medicaid or Medicare if it meets the requirements of this
   69  section.
   70         (f)“Transportation network company digital advertising
   71  device” or “TNC digital advertising device” means a device no
   72  larger than 20 inches tall and 54 inches long that is fixed to
   73  the roof of a TNC vehicle and that displays advertisements on a
   74  digital screen only when the TNC vehicle is turned on.
   75         (h)(g) “Transportation network company vehicle” or “TNC
   76  vehicle” means a vehicle that is not a taxicab or, jitney,
   77  limousine, or for-hire vehicle as defined in s. 320.01(15) and
   78  that is:
   79         1. Used by a TNC driver to offer or provide a prearranged
   80  ride; and
   81         2. Owned, leased, or otherwise authorized to be used by the
   82  TNC driver.
   83  
   84  Notwithstanding any other provision of law, a vehicle that is
   85  let or rented to another for consideration, or a motor vehicle
   86  compliant with the Americans with Disabilities Act which is
   87  owned and used by a company that uses a digital network to
   88  facilitate prearranged rides to persons with disabilities for
   89  compensation, may be used as a TNC vehicle.
   90         (2) NOT OTHER CARRIERS.—A TNC or TNC driver is not a common
   91  carrier, contract carrier, or motor carrier and does not provide
   92  taxicab or for-hire vehicle service. In addition, a TNC driver
   93  is not required to register the vehicle that the TNC driver uses
   94  to provide prearranged rides as a commercial motor vehicle or a
   95  for-hire vehicle.
   96         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
   97  REQUIREMENTS.—
   98         (b) The following automobile insurance requirements apply
   99  while a participating TNC driver is logged on to the digital
  100  network but is not engaged in a prearranged ride:
  101         1. Automobile insurance that provides:
  102         a. A primary automobile liability coverage of at least
  103  $50,000 for death and bodily injury per person, $100,000 for
  104  death and bodily injury per incident, and $25,000 for property
  105  damage;
  106         b. Personal injury protection benefits that meet the
  107  minimum coverage amounts required under ss. 627.730-627.7405;
  108  and
  109         c. Uninsured and underinsured vehicle coverage as required
  110  by s. 627.727.
  111         2. The coverage requirements of this paragraph may be
  112  satisfied by any of the following:
  113         a. Automobile insurance maintained by the TNC driver or the
  114  TNC vehicle owner;
  115         b. Automobile insurance maintained by the TNC; or
  116         c. A combination of sub-subparagraphs a. and b.
  117         (c) The following automobile insurance requirements apply
  118  while a TNC driver is engaged in a prearranged ride:
  119         1. Automobile insurance that provides:
  120         a. A primary automobile liability coverage of at least $1
  121  million for death, bodily injury, and property damage;
  122         b. Personal injury protection benefits that meet the
  123  minimum coverage amounts required of a limousine under ss.
  124  627.730-627.7405; and
  125         c. Uninsured and underinsured vehicle coverage as required
  126  by s. 627.727.
  127         2. The coverage requirements of this paragraph may be
  128  satisfied by any of the following:
  129         a. Automobile insurance maintained by the TNC driver or the
  130  TNC vehicle owner;
  131         b. Automobile insurance maintained by the TNC; or
  132         c. A combination of sub-subparagraphs a. and b.
  133         (11)TRANSPORTATION NETWORK COMPANY DIGITAL ADVERTISING
  134  DEVICE.—
  135         (a)A TNC driver or his or her designee may contract with a
  136  company to install a TNC digital advertising device on a TNC
  137  vehicle.
  138         (b)A TNC digital advertising device may be enabled with
  139  cellular or WiFi-enabled data transmission and equipped with
  140  GPS.
  141         (c)A TNC digital advertising device may display
  142  advertisements only when the TNC vehicle is turned on.
  143         (d)A TNC digital advertising device must follow the
  144  lighting requirements of s. 316.2397.
  145         (e)No portion of the TNC digital advertising device may
  146  extend beyond the front or rear windshield of the vehicle, nor
  147  may it impact the TNC driver’s vision.
  148         (f)A TNC digital advertising device must display
  149  advertisements only to the sides of the vehicle and not to the
  150  front or rear of the vehicle. Identification of the provider
  151  does not constitute advertising under this paragraph.
  152         (g)A TNC digital advertising device must, at a minimum,
  153  meet the requirements of the MIL-STD-810G standard or other
  154  reasonable environmental and safety industry standard, as
  155  determined through independent safety and durability testing
  156  under the review of a licensed professional engineer, before
  157  being installed on a TNC vehicle.
  158         (h)A TNC digital advertising device may not display
  159  advertisements for illegal products or services or
  160  advertisements that include nudity or violent images. All
  161  advertisements displayed on a TNC digital advertising device are
  162  subject to the Florida Deceptive and Unfair Trade Practices Act.
  163         (i)1.A TNC driver is immune from liability for the display
  164  of an advertisement that violates this section or the Florida
  165  Deceptive and Unfair Trade Practices Act unless the TNC driver
  166  is the advertiser.
  167         2.The owner or operator of a TNC digital advertising
  168  device that displays an advertisement that is in violation of
  169  this section or the Florida Deceptive and Unfair Trade Practices
  170  Act is immune from liability under this section and the Florida
  171  Deceptive and Unfair Trade Practices Act for the violation if
  172  the advertisement was displayed in good faith and without actual
  173  knowledge of the violation, unless the advertiser is the same
  174  person as the owner or operator.
  175         (j)For the purposes of this chapter, a TNC advertising
  176  device shall be deemed part of a TNC vehicle.
  177         (16)LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
  178         (a)As used in this section, the term “luxury ground
  179  transportation network company” or “luxury ground TNC” means a
  180  company that:
  181         1.Meets the requirements of paragraph (b).
  182         2.Notwithstanding other provisions of this section, uses a
  183  digital network to connect riders exclusively to drivers who
  184  operate for-hire vehicles as defined in s. 320.01(15), including
  185  limousines and luxury sedans and excluding taxicabs.
  186         (b)An entity may elect, upon written notification to the
  187  department, to be regulated as a luxury ground TNC. A luxury
  188  ground TNC must:
  189         1.Comply with all of the requirements of this section
  190  applicable to a TNC, including subsection (17), which do not
  191  conflict with subparagraph 2. or which do not prohibit the
  192  company from connecting riders to drivers who operate for-hire
  193  vehicles as defined in 320.01(15), including limousines and
  194  luxury sedans and excluding taxicabs.
  195         2.Maintain insurance coverage required in this section
  196  when the luxury ground TNC driver is logged on to a digital
  197  network or while the luxury ground TNC driver is engaged in a
  198  prearranged ride. However, a prospective luxury ground TNC that
  199  satisfies minimum financial responsibility at the time of
  200  written notification to the department through compliance with
  201  s. 324.032(2) by using self-insurance may continue to use self
  202  insurance to satisfy the requirements of this subparagraph.
  203         (17)(15) PREEMPTION.—
  204         (a) It is the intent of the Legislature to provide for
  205  uniformity of laws governing TNCs, TNC drivers, and TNC
  206  vehicles, luxury ground TNCs, luxury ground TNC drivers, and
  207  luxury ground TNC vehicles throughout the state. TNCs, TNC
  208  drivers, and TNC vehicles, luxury ground TNCs, luxury ground TNC
  209  drivers, and luxury ground TNC vehicles are governed exclusively
  210  by state law, including in any locality or other jurisdiction
  211  that enacted a law or created rules governing TNCs, TNC drivers,
  212  or TNC vehicles, luxury ground TNCs, luxury ground TNC drivers,
  213  or luxury ground TNC vehicles before July 1, 2017. A county,
  214  municipality, special district, airport authority, port
  215  authority, or other local governmental entity or subdivision may
  216  not:
  217         1. Impose a tax on, or require a license for, a TNC, a TNC
  218  driver, or a TNC vehicle, a luxury ground TNC, a luxury ground
  219  TNC driver, or a luxury ground TNC vehicle if such tax or
  220  license relates to providing prearranged rides;
  221         2. Subject a TNC, a TNC driver, or a TNC vehicle, a luxury
  222  ground TNC, a luxury ground TNC driver, or a luxury ground TNC
  223  vehicle to any rate, entry, operation, or other requirement of
  224  the county, municipality, special district, airport authority,
  225  port authority, or other local governmental entity or
  226  subdivision; or
  227         3. Require a TNC, or a TNC driver, a luxury ground TNC, or
  228  a luxury ground TNC driver to obtain a business license or any
  229  other type of similar authorization to operate within the local
  230  governmental entity’s jurisdiction.
  231         (18)LIABILITY.—
  232         (a)A TNC shall not be liable by reason of owning,
  233  operating, or maintaining the digital network accessed by a TNC
  234  driver or rider, or by being the TNC affiliated with a TNC
  235  driver, for harm to persons or property which results or arises
  236  out of the use, operation, or possession of a motor vehicle
  237  operating as a TNC vehicle while the driver is logged on to the
  238  digital network if:
  239         1.There is no negligence or criminal wrongdoing on the
  240  part of the TNC; and
  241         2.The TNC has fulfilled all of its obligations under this
  242  section with respect to the TNC driver.
  243         (b)This subsection does not alter or reduce the required
  244  insurance coverages or policy limits under subsection (7).
  245         Section 3. This act shall take effect upon becoming a law.
  246  
  247  ================= T I T L E  A M E N D M E N T ================
  248  And the title is amended as follows:
  249         Delete everything before the enacting clause
  250  and insert:
  251                        A bill to be entitled                      
  252         An act relating to transportation companies; amending
  253         s. 320.01, F.S.; revising the definition of the term
  254         “for-hire vehicle” to exclude transportation network
  255         company (TNC) vehicles and certain motor vehicles used
  256         for prearranged rides for persons with disabilities
  257         for compensation; amending s. 627.748, F.S.; revising
  258         and providing definitions; deleting for-hire vehicles
  259         from the list of vehicles that are not considered TNC
  260         carriers or are not exempt from certain registration;
  261         providing that TNC vehicle owners may maintain
  262         required insurance coverages; authorizing TNC drivers
  263         or their designees to contract with companies to
  264         install TNC digital advertising devices on TNC
  265         vehicles; providing requirements and restrictions for
  266         such devices; providing immunity from certain
  267         liability for TNC drivers and owners and operators of
  268         TNC digital advertising devices; providing exceptions;
  269         providing construction relating to such devices;
  270         authorizing entities to elect to be regulated as
  271         luxury ground TNCs by notifying the Department of
  272         Financial Services; providing requirements for luxury
  273         ground TNCs; providing for preemption over local law
  274         on the governance of luxury ground TNCs, luxury ground
  275         TNC drivers, and luxury ground TNC vehicles; providing
  276         that TNCs are not liable for certain harm to persons
  277         or property if certain conditions are met; providing
  278         construction relating to insurance coverage; providing
  279         an effective date.