Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 478
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LEGISLATIVE ACTION
Senate . House
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The Committee on Banking and Insurance (Perry) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (c) of subsection (1) of section
6 212.05, Florida Statutes, is amended to read:
7 212.05 Sales, storage, use tax.—It is hereby declared to be
8 the legislative intent that every person is exercising a taxable
9 privilege who engages in the business of selling tangible
10 personal property at retail in this state, including the
11 business of making mail order sales, or who rents or furnishes
12 any of the things or services taxable under this chapter, or who
13 stores for use or consumption in this state any item or article
14 of tangible personal property as defined herein and who leases
15 or rents such property within the state.
16 (1) For the exercise of such privilege, a tax is levied on
17 each taxable transaction or incident, which tax is due and
18 payable as follows:
19 (c) At the rate of 6 percent of the gross proceeds derived
20 from the lease or rental of tangible personal property, as
21 defined herein; however, the following special provisions apply
22 to the lease or rental of motor vehicles:
23 1. When a motor vehicle is leased or rented by a motor
24 vehicle rental company or a peer-to-peer car-sharing program, as
25 those terms are defined in s. 212.0606(1), for a period of less
26 than 12 months:
27 a. If the motor vehicle is rented in Florida, the entire
28 amount of such rental is taxable, even if the vehicle is dropped
29 off in another state.
30 b. If the motor vehicle is rented in another state and
31 dropped off in Florida, the rental is exempt from Florida tax.
32 c. If the motor vehicle is rented by a peer-to-peer car
33 sharing program, the peer-to-peer car-sharing program must
34 collect and remit the applicable tax due in connection with the
35 rental.
36 2. Except as provided in subparagraph 3., for the lease or
37 rental of a motor vehicle for a period of not less than 12
38 months, sales tax is due on the lease or rental payments if the
39 vehicle is registered in this state; provided, however, that no
40 tax shall be due if the taxpayer documents use of the motor
41 vehicle outside this state and tax is being paid on the lease or
42 rental payments in another state.
43 3. The tax imposed by this chapter does not apply to the
44 lease or rental of a commercial motor vehicle as defined in s.
45 316.003(13)(a) to one lessee or rentee for a period of not less
46 than 12 months when tax was paid on the purchase price of such
47 vehicle by the lessor. To the extent tax was paid with respect
48 to the purchase of such vehicle in another state, territory of
49 the United States, or the District of Columbia, the Florida tax
50 payable shall be reduced in accordance with the provisions of s.
51 212.06(7). This subparagraph shall only be available when the
52 lease or rental of such property is an established business or
53 part of an established business or the same is incidental or
54 germane to such business.
55 Section 2. Section 212.0606, Florida Statutes, is amended
56 to read:
57 212.0606 Rental car surcharge.—
58 (1) As used in this section, the term:
59 (a) “Car-sharing service” means a membership-based
60 organization or business, or division thereof, which requires
61 the payment of an application fee or a membership fee and
62 provides member access to motor vehicles:
63 1. Only at locations that are not staffed by car-sharing
64 service personnel employed solely for the purpose of interacting
65 with car-sharing service members;
66 2. Twenty-four hours per day, 7 days per week;
67 3. Only through automated means, including, but not limited
68 to, a smartphone application or an electronic membership card;
69 4. On an hourly basis or for a shorter increment of time;
70 5. Without a separate fee for refueling the motor vehicle;
71 6. Without a separate fee for minimum financial
72 responsibility liability insurance; and
73 7. Owned or controlled by the car-sharing service or its
74 affiliates.
75 (b) “Motor vehicle rental company” means an entity that is
76 in the business of providing, for financial consideration, motor
77 vehicles to the public under a rental agreement.
78 (c) “Peer-to-peer car-sharing program” has the same meaning
79 as in s. 627.7483(1).
80 (2) Except as provided in subsection (3) (2), a surcharge
81 of $2 per day or any part of a day is imposed upon the lease or
82 rental by a motor vehicle rental company or a peer-to-peer car
83 sharing program of a motor vehicle that is licensed for hire and
84 designed to carry fewer than nine passengers, regardless of
85 whether the motor vehicle is licensed in this state, for
86 financial consideration and without transfer of the title of the
87 motor vehicle. The surcharge is imposed regardless of whether
88 the lease or rental occurs in person or through digital means.
89 The surcharge applies to only the first 30 days of the term of a
90 lease or rental and must be collected by the motor vehicle
91 rental company or the peer-to-peer car-sharing program. The
92 surcharge is subject to all applicable taxes imposed by this
93 chapter.
94 (3)(2) A member of a car-sharing service who uses a motor
95 vehicle as described in subsection (2) (1) for less than 24
96 hours pursuant to an agreement with the car-sharing service
97 shall pay a surcharge of $1 per usage. A member of a car-sharing
98 service who uses the same motor vehicle for 24 hours or more
99 shall pay a surcharge of $2 per day or any part of a day as
100 provided in subsection (2) (1). The car-sharing service shall
101 collect the surcharge For purposes of this subsection, the term
102 “car-sharing service” means a membership-based organization or
103 business, or division thereof, which requires the payment of an
104 application or membership fee and provides member access to
105 motor vehicles:
106 (a) Only at locations that are not staffed by car-sharing
107 service personnel employed solely for the purpose of interacting
108 with car-sharing service members;
109 (b) Twenty-four hours per day, 7 days per week;
110 (c) Only through automated means, including, but not
111 limited to, smartphone applications or electronic membership
112 cards;
113 (d) On an hourly basis or for a shorter increment of time;
114 (e) Without a separate fee for refueling the motor vehicle;
115 (f) Without a separate fee for minimum financial
116 responsibility liability insurance; and
117 (g) Owned or controlled by the car-sharing service or its
118 affiliates. The surcharge imposed under this subsection does not
119 apply to the lease, rental, or use of a motor vehicle from a
120 location owned, operated, or leased by or for the benefit of an
121 airport or airport authority.
122 (4)(a)(3)(a) Notwithstanding s. 212.20, and less the costs
123 of administration, 80 percent of the proceeds of this surcharge
124 shall be deposited in the State Transportation Trust Fund, 15.75
125 percent of the proceeds of this surcharge shall be deposited in
126 the Tourism Promotional Trust Fund created in s. 288.122, and
127 4.25 percent of the proceeds of this surcharge shall be
128 deposited in the Florida International Trade and Promotion Trust
129 Fund. For the purposes of this subsection, the term “proceeds of
130 this surcharge” of the surcharge means all funds collected and
131 received by the department under this section, including
132 interest and penalties on delinquent surcharges. The department
133 shall provide the Department of Transportation rental car
134 surcharge revenue information for the previous state fiscal year
135 by September 1 of each year.
136 (b) Notwithstanding any other provision of law, the
137 proceeds deposited in the State Transportation Trust Fund shall
138 be allocated on an annual basis in the Department of
139 Transportation’s work program to each department district,
140 except the Turnpike District. The amount allocated to each
141 district shall be based on the amount of proceeds attributed to
142 the counties within each respective district.
143 (5)(a)(4) Except as provided in this section, the
144 department shall administer, collect, and enforce the surcharge
145 as provided in this chapter.
146 (b)(a) The department shall require a dealer dealers to
147 report surcharge collections according to the county to which
148 the surcharge was attributed. For purposes of this section, the
149 surcharge shall be attributed to the county where the rental
150 agreement was entered into.
151 (c)(b) A dealer Dealers who collects collect the rental car
152 surcharge shall report to the department all surcharge revenues
153 attributed to the county where the rental agreement was entered
154 into on a timely filed return for each required reporting
155 period. The provisions of this chapter which apply to interest
156 and penalties on delinquent taxes apply to the surcharge. The
157 surcharge shall not be included in the calculation of estimated
158 taxes pursuant to s. 212.11. The dealer’s credit provided in s.
159 212.12 does not apply to any amount collected under this
160 section.
161 (6)(5) The surcharge imposed by this section does not apply
162 to a motor vehicle provided at no charge to a person whose motor
163 vehicle is being repaired, adjusted, or serviced by the entity
164 providing the replacement motor vehicle.
165 Section 3. Section 627.7483, Florida Statutes, is created
166 to read:
167 627.7483 Peer-to-peer car sharing; insurance requirements.—
168 (1) DEFINITIONS.—As used in this section, the term:
169 (a) “Car-sharing delivery period” means the period of time
170 during which a shared vehicle is being delivered to the location
171 of the car-sharing start time, if applicable, as documented by
172 the governing peer-to-peer car-sharing program agreement.
173 (b) “Car-sharing period” means the period of time that
174 commences either at the car-sharing delivery period or, if there
175 is no car-sharing delivery period, at the car-sharing start time
176 and that ends at the car-sharing termination time.
177 (c) “Car-sharing start time” means the time when the shared
178 vehicle is under the control of the shared vehicle driver, which
179 time occurs at or after the time the reservation of the shared
180 vehicle is scheduled to begin, as documented in the records of a
181 peer-to-peer car-sharing program.
182 (d) “Car-sharing termination time” means the earliest of
183 the following events:
184 1. The expiration of the agreed-upon period of time
185 established for the use of a shared vehicle according to the
186 terms of the peer-to-peer car-sharing program agreement, if the
187 shared vehicle is delivered to the location agreed upon in the
188 peer-to-peer car-sharing program agreement;
189 2. The time the shared vehicle is returned to a location as
190 alternatively agreed upon by the shared vehicle owner and shared
191 vehicle driver, as communicated through a peer-to-peer car
192 sharing program; or
193 3. The time the shared vehicle owner or the shared vehicle
194 owner’s authorized designee takes possession and control of the
195 shared vehicle.
196 (e) “Peer-to-peer car sharing” or “car sharing” means the
197 authorized use of a motor vehicle by an individual other than
198 the vehicle’s owner through a peer-to-peer car-sharing program.
199 For the purposes of this section, the term does not include the
200 renting of a motor vehicle through a rental car company, the use
201 of a for-hire vehicle as defined in s. 320.01(15), ridesharing
202 as defined in s. 341.031(9), carpool as defined in s. 450.28(3),
203 or the use of a motor vehicle under an agreement for a car
204 sharing service as defined in s. 212.0606(1).
205 (f) “Peer-to-peer car-sharing program” means a business
206 platform that enables peer-to-peer car sharing by connecting
207 motor vehicle owners with drivers for financial consideration.
208 For the purposes of this section, the term does not include a
209 rental car company, a car-sharing service as defined in s.
210 212.0606(1), a taxicab association, or the owner of a for-hire
211 vehicle as defined in s. 320.01(15).
212 (g) “Peer-to-peer car-sharing program agreement” means the
213 terms and conditions established by the peer-to-peer car-sharing
214 program which are applicable to a shared vehicle owner and a
215 shared vehicle driver and which govern the use of a shared
216 vehicle through a peer-to-peer car-sharing program. For the
217 purposes of this section, the term does not include a rental
218 agreement or an agreement for a for-hire vehicle as defined in
219 s. 320.01(15) or for a car-sharing service as defined in s.
220 212.0606(1).
221 (h) “Shared vehicle” means a motor vehicle that is
222 available for sharing through a peer-to-peer car-sharing
223 program. For the purposes of this section, the term does not
224 include a rental car, a for-hire vehicle as defined in s.
225 320.01(15), or a motor vehicle used for ridesharing as defined
226 in s. 341.031(9), for carpool as defined in s. 450.28(3), or for
227 car-sharing service as defined in s. 212.0606(1).
228 (i) “Shared vehicle driver” means an individual who has
229 been authorized by the shared vehicle owner to drive the shared
230 vehicle under the peer-to-peer car-sharing program agreement.
231 (j) “Shared vehicle owner” means the registered owner, or a
232 natural person or an entity designated by the registered owner,
233 of a motor vehicle made available for sharing to shared vehicle
234 drivers through a peer-to-peer car-sharing program. For the
235 purposes of this section, the term does not include an owner of
236 a for-hire vehicle as defined in s. 320.01(15).
237 (2) INSURANCE COVERAGE REQUIREMENTS.—
238 (a)1. A peer-to-peer car-sharing program shall ensure that,
239 during each car-sharing period, the shared vehicle owner and the
240 shared vehicle driver are insured under a motor vehicle
241 insurance policy that provides all of the following:
242 a. Property damage liability coverage that meets the
243 minimum coverage amounts required under s. 324.022.
244 b. Bodily injury liability coverage limits as described in
245 s. 324.021(7)(a) and (b).
246 c. Personal injury protection benefits that meet the
247 minimum coverage amounts required under s. 627.736.
248 d. Uninsured and underinsured vehicle coverage as required
249 under s. 627.727.
250 2. The peer-to-peer car-sharing program shall also ensure
251 that the motor vehicle insurance policy under subparagraph 1.:
252 a. Recognizes that the shared vehicle insured under the
253 policy is made available and used through a peer-to-peer car
254 sharing program; or
255 b. Does not exclude the use of a shared vehicle by a shared
256 vehicle driver.
257 (b)1. The insurance described under paragraph (a) may be
258 satisfied by a motor vehicle insurance policy maintained by:
259 a. A shared vehicle owner;
260 b. A shared vehicle driver;
261 c. A peer-to-peer car-sharing program; or
262 d. A combination of a shared vehicle owner, a shared
263 vehicle driver, and a peer-to-peer car-sharing program.
264 2. The insurance policy maintained in subparagraph 1. which
265 satisfies the insurance requirements under paragraph (a) is
266 primary during each car-sharing period.
267 3.a. If the insurance maintained by a shared vehicle owner
268 or shared vehicle driver in accordance with subparagraph 1. has
269 lapsed or does not provide the coverage required under paragraph
270 (a), the insurance maintained by the peer-to-peer car-sharing
271 program must provide the coverage required under paragraph (a),
272 beginning with the first dollar of a claim, and must defend such
273 claim, except under circumstances as set forth in subparagraph
274 (3)(a)2.
275 b. Coverage under a motor vehicle insurance policy
276 maintained by the peer-to-peer car-sharing program must not be
277 dependent on another motor vehicle insurer first denying a
278 claim, and another motor vehicle insurance policy is not
279 required to first deny a claim.
280 c. Notwithstanding any other law, statute, rule, or
281 regulation to the contrary, a peer-to-peer car-sharing program
282 has an insurable interest in a shared vehicle during the car
283 sharing period. This sub-subparagraph does not create liability
284 for a peer-to-peer car-sharing program for maintaining the
285 coverage required under paragraph (a) and under this paragraph,
286 if applicable.
287 d. A peer-to-peer car-sharing program may own and maintain
288 as the named insured one or more policies of motor vehicle
289 insurance which provide coverage for:
290 (I) Liabilities assumed by the peer-to-peer car-sharing
291 program under a peer–to–peer car-sharing program agreement;
292 (II) Liability of the shared vehicle owner;
293 (III) Liability of the shared vehicle driver;
294 (IV) Damage or loss to the shared motor vehicle; or
295 (V) Damage, loss, or injury to persons or property to
296 satisfy the personal injury protection and uninsured and
297 underinsured motorist coverage requirements of this section.
298 e. Insurance required under paragraph (a), when maintained
299 by a peer-to-peer car-sharing program, may be provided by an
300 insurer authorized to do business in this state which is a
301 member of the Florida Insurance Guaranty Association or an
302 eligible surplus lines insurer that has a superior, excellent,
303 exceptional, or equivalent financial strength rating by a rating
304 agency acceptable to the office. A peer-to-peer car-sharing
305 program is not transacting in insurance when it maintains the
306 insurance required under this section.
307 (3) LIABILITIES AND INSURANCE EXCLUSIONS.—
308 (a) Liability.—
309 1. A peer-to-peer car-sharing program shall assume
310 liability, except as provided in subparagraph 2., of a shared
311 vehicle owner for bodily injury or property damage to third
312 parties or uninsured and underinsured motorist or personal
313 injury protection losses during the car-sharing period in an
314 amount stated in the peer-to-peer car-sharing program agreement,
315 which amount may not be less than those set forth in ss.
316 324.021(7)(a) and (b), 324.022, 627.727, and 627.736,
317 respectively.
318 2. The assumption of liability under subparagraph 1. does
319 not apply if a shared vehicle owner:
320 a. Makes an intentional or fraudulent material
321 misrepresentation or omission to the peer-to-peer car-sharing
322 program before the car-sharing period in which the loss occurs;
323 or
324 b. Acts in concert with a shared vehicle driver who fails
325 to return the shared vehicle pursuant to the terms of the peer
326 to-peer car-sharing program agreement.
327 3. A peer-to-peer car-sharing program shall assume primary
328 liability for a claim when it is in whole or in part providing
329 the insurance required under paragraph (2)(a) and:
330 a. A dispute exists as to who was in control of the shared
331 motor vehicle at the time of the loss; and
332 b. The peer-to-peer car-sharing program does not have
333 available, did not retain, or fails to provide the information
334 required under subsection (5).
335
336 The shared vehicle owner’s insurer shall indemnify the peer-to
337 peer car-sharing program to the extent of the insurer’s
338 obligation, if any, under the applicable insurance policy if it
339 is determined that the shared vehicle owner was in control of
340 the shared motor vehicle at the time of the loss.
341 (b) Vicarious liability.—A peer-to-peer car-sharing program
342 and a shared vehicle owner are exempt from vicarious liability
343 consistent with 49 U.S.C. s. 30106 (2005) under any state or
344 local law that imposes liability solely based on vehicle
345 ownership.
346 (c) Exclusions in motor vehicle insurance policies.—An
347 authorized insurer that writes motor vehicle liability insurance
348 in this state may exclude any and all coverage and the duty to
349 defend or indemnify for any claim afforded under a shared
350 vehicle owner’s motor vehicle insurance policy, including, but
351 not limited to:
352 1. Liability coverage for bodily injury and property
353 damage;
354 2. Personal injury protection coverage;
355 3. Uninsured and underinsured motorist coverage;
356 4. Medical payments coverage;
357 5. Comprehensive physical damage coverage; and
358 6. Collision physical damage coverage.
359
360 This paragraph does not invalidate or limit any exclusion
361 contained in a motor vehicle insurance policy, including any
362 insurance policy in use or approved for use which excludes
363 coverage for motor vehicles made available for rent, sharing, or
364 hire or for any business use.
365 (d) Contribution against indemnification.—A shared vehicle
366 owner’s motor vehicle insurer that defends or indemnifies a
367 claim against a shared vehicle which is excluded under the terms
368 of its policy has the right to seek contribution against the
369 motor vehicle insurer of the peer-to-peer car-sharing program if
370 the claim is:
371 1. Made against the shared vehicle owner or the shared
372 vehicle driver for loss or injury that occurs during the car
373 sharing period; and
374 2. Excluded under the terms of its policy.
375 (4) NOTIFICATION OF IMPLICATIONS OF LIEN.—At the time a
376 motor vehicle owner registers as a shared vehicle owner on a
377 peer-to-peer car-sharing program and before the shared vehicle
378 owner may make a shared vehicle available for car sharing on the
379 peer-to-peer car-sharing program, the peer-to-peer car-sharing
380 program must notify the shared vehicle owner that, if the shared
381 vehicle has a lien against it, the use of the shared vehicle
382 through a peer-to-peer car-sharing program, including the use
383 without physical damage coverage, may violate the terms of the
384 contract with the lienholder.
385 (5) RECORDKEEPING.—A peer-to-peer car-sharing program
386 shall:
387 (a) Collect and verify records pertaining to the use of a
388 shared vehicle, including, but not limited to, the times used,
389 fees paid by the shared vehicle driver, and revenues received by
390 the shared vehicle owner.
391 (b) Retain the records in paragraph (a) for a time period
392 not less than the applicable personal injury statute of
393 limitations.
394 (c) Provide the information contained in the records in
395 paragraph (a) upon request to the shared vehicle owner, the
396 shared vehicle owner’s insurer, or the shared vehicle driver’s
397 insurer to facilitate a claim coverage investigation.
398 (6) CONSUMER PROTECTIONS.—
399 (a) Disclosures.—Each peer-to-peer car-sharing program
400 agreement made in this state must disclose to the shared vehicle
401 owner and the shared vehicle driver:
402 1. Any right of the peer-to-peer car-sharing program to
403 seek indemnification from the shared vehicle owner or the shared
404 vehicle driver for economic loss resulting from a breach of the
405 terms and conditions of the peer-to-peer car-sharing program
406 agreement.
407 2. That a motor vehicle insurance policy issued to the
408 shared vehicle owner for the shared vehicle or to the shared
409 vehicle driver does not provide a defense or indemnification for
410 any claim asserted by the peer-to-peer car-sharing program.
411 3. That the peer-to-peer car-sharing program’s insurance
412 coverage on the shared vehicle owner and the shared vehicle
413 driver is in effect only during each car-sharing period and
414 that, for any use of the shared vehicle by the shared vehicle
415 driver after the car-sharing termination time, the shared
416 vehicle driver and the shared vehicle owner may not have
417 insurance coverage.
418 4. The daily rate, fees, and, if applicable, any insurance
419 or protection package costs that are charged to the shared
420 vehicle owner or the shared vehicle driver.
421 5. That the shared vehicle owner’s motor vehicle liability
422 insurance may exclude coverage for a shared vehicle.
423 6. An emergency telephone number of the personnel capable
424 of fielding calls for roadside assistance and other customer
425 service inquiries.
426 7. Any conditions under which a shared vehicle driver must
427 maintain a personal motor vehicle insurance policy with certain
428 applicable coverage limits on a primary basis in order to book a
429 shared vehicle.
430 (b) Driver license verification and data retention.—
431 1. A peer-to-peer car-sharing program may not enter into a
432 peer-to-peer car-sharing program agreement with a driver unless
433 the driver:
434 a. Holds a driver license issued under chapter 322 which
435 authorizes the driver to drive vehicles of the class of the
436 shared vehicle;
437 b. Is a nonresident who:
438 (I) Holds a driver license issued by the state or country
439 of the driver’s residence which authorizes the driver in that
440 state or country to drive vehicles of the class of the shared
441 vehicle; and
442 (II) Is at least the same age as that required of a
443 resident to drive; or
444 c. Is otherwise specifically authorized by the Department
445 of Highway Safety and Motor Vehicles to drive vehicles of the
446 class of the shared vehicle.
447 2. A peer-to-peer car-sharing program shall keep a record
448 of:
449 a. The name and address of the shared vehicle driver;
450 b. The number of the driver license of the shared vehicle
451 driver and each other person, if any, who will operate the
452 shared vehicle; and
453 c. The place of issuance of the driver license.
454 (c) Responsibility for equipment.—A peer-to-peer car
455 sharing program has sole responsibility for any equipment that
456 is put in or on the shared vehicle to monitor or facilitate the
457 peer-to-peer car-sharing transaction, including a GPS system.
458 The peer-to-peer car-sharing program shall indemnify and hold
459 harmless the shared vehicle owner for any damage to or theft of
460 such equipment during the car-sharing period which is not caused
461 by the shared vehicle owner. The peer-to-peer car-sharing
462 program may seek indemnity from the shared vehicle driver for
463 any damage to or loss of such equipment which occurs during the
464 car-sharing period.
465 (d) Motor vehicle safety recalls.—At the time a motor
466 vehicle owner registers as a shared vehicle owner on a peer-to
467 peer car-sharing program and before the shared vehicle owner may
468 make a shared vehicle available for car sharing on the peer-to
469 peer car-sharing program, the peer-to-peer car-sharing program
470 must:
471 1. Verify that the shared vehicle does not have any safety
472 recalls on the vehicle for which the repairs have not been made;
473 and
474 2. Notify the shared vehicle owner that if the shared
475 vehicle owner:
476 a. Has received an actual notice of a safety recall on the
477 vehicle, he or she may not make a vehicle available as a shared
478 vehicle on the peer-to-peer car-sharing program until the safety
479 recall repair has been made.
480 b. Receives an actual notice of a safety recall on a shared
481 vehicle while the shared vehicle is made available on the peer
482 to-peer car-sharing program, he or she shall remove the shared
483 vehicle as available on the peer-to-peer car-sharing program as
484 soon as practicably possible after receiving the notice of the
485 safety recall and until the safety recall repair has been made.
486 c. Receives an actual notice of a safety recall while the
487 shared vehicle is in the possession of a shared vehicle driver,
488 he or she shall notify the peer-to-peer car-sharing program
489 about the safety recall as soon as practicably possible after
490 receiving the notice of the safety recall, so that he or she may
491 address the safety recall repair.
492 (7) CONSTRUCTION.—This section does not limit:
493 (a) The liability of a peer-to-peer car-sharing program for
494 any act or omission of the peer-to-peer car-sharing program
495 which results in bodily injury to a person as a result of the
496 use of a shared vehicle through peer-to-peer car sharing; or
497 (b) The ability of a peer-to-peer car-sharing program to
498 seek, by contract, indemnification from the shared vehicle owner
499 or the shared vehicle driver for economic loss resulting from a
500 breach of the terms and conditions of the peer-to-peer car
501 sharing program agreement.
502 Section 4. This act shall take effect March 1, 2021.
503
504 ================= T I T L E A M E N D M E N T ================
505 And the title is amended as follows:
506 Delete everything before the enacting clause
507 and insert:
508 A bill to be entitled
509 An act relating to motor vehicle rentals; amending s.
510 212.05, F.S.; specifying the applicable sales tax rate
511 on motor vehicle leases and rentals by motor vehicle
512 rental companies and peer-to-peer car-sharing
513 programs; requiring peer-to-peer car-sharing programs
514 to collect and remit the applicable sales tax;
515 amending s. 212.0606, F.S.; defining terms; specifying
516 the applicable rental car surcharge on motor vehicle
517 leases and rentals by motor vehicle rental companies
518 and peer-to-peer car-sharing programs; specifying
519 applicability of the surcharge; requiring motor
520 vehicle rental companies and peer-to-peer car-sharing
521 programs to collect the surcharge; requiring car
522 sharing services to collect a certain surcharge;
523 making technical changes; creating s. 627.7483, F.S.;
524 defining terms; specifying insurance requirements for
525 shared vehicle owners and shared vehicle drivers under
526 peer-to-peer car-sharing programs; providing that a
527 peer-to-peer car-sharing program has an insurable
528 interest in a shared vehicle during certain periods;
529 authorizing peer-to-peer car-sharing programs to own
530 and maintain certain motor vehicle insurance policies;
531 requiring peer-to-peer car-sharing programs to assume
532 certain liability; providing exceptions; requiring a
533 shared vehicle owner’s insurer to indemnify the peer
534 to-peer car-sharing program under certain
535 circumstances; providing an exemption from vicarious
536 liability for peer-to-peer car-sharing programs and
537 shared vehicle owners; authorizing motor vehicle
538 insurers to exclude coverages and a duty to defend or
539 indemnify claims under a shared vehicle owner’s
540 policy; providing construction relating to exclusions;
541 providing a right of contribution to a shared vehicle
542 owner’s insurer for certain claims; requiring a peer
543 to-peer car-sharing program to provide certain
544 information to shared vehicle owners regarding liens;
545 specifying recordkeeping and record sharing,
546 disclosure, and driver license verification and data
547 retention requirements for peer-to-peer car-sharing
548 programs; providing that peer-to-peer car-sharing
549 programs have sole responsibility for certain
550 equipment in or on a shared vehicle; providing for
551 indemnification; specifying requirements for peer-to
552 peer car-sharing programs relating to safety recalls
553 on a shared vehicle; providing construction; providing
554 an effective date.