Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 509, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/10/2016 03:46 PM       .                                
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       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.