Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS/CS/HB 509, 1st Eng. Ì734270ÄÎ734270 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 of at 79 least $100,000 per person, $300,000 per incident, and $50,000 80 for property damage; and 81 2. Primary motor vehicle insurance coverage that meets the 82 minimum requirements under ss. 627.730-627.7405. 83 (c) The following motor vehicle insurance coverage 84 requirements apply while a transportation network company driver 85 is engaged in a prearranged ride: 86 1. Primary motor vehicle bodily injury liability and 87 uninsured and underinsured motorists insurance coverage of at 88 least $125,000 per person, $300,000 per incident, and $50,000 89 for property damage, and primary motor vehicle insurance 90 coverage that meets the minimum requirements under ss. 627.730 91 627.7405; or 92 2. Primary motor vehicle liability insurance coverage that 93 provides at least $1 million combined single limits coverage for 94 bodily injury liability and uninsured and underinsured 95 motorists, and property damage. 96 (d) At all times other than the periods specified in 97 paragraphs (b) and (c), the following motor vehicle insurance 98 requirements apply if a driver has an agreement with a 99 transportation network company to provide any form of 100 transportation service to riders: 101 1. Primary motor vehicle liability insurance coverage of at 102 least $25,000 for death and bodily injury per person, $50,000 103 for death and bodily injury per incident, and $10,000 for 104 property damage; and 105 2. Primary motor vehicle insurance that provides the 106 minimum requirements under ss. 627.730-627.7405. 107 (e) The coverage requirements of paragraphs (b), (c), and 108 (d) may be satisfied by insurance maintained by the 109 transportation network company driver, by the transportation 110 network company, or by a combination of both. 111 (f) If the insurance maintained by a driver under paragraph 112 (b) or paragraph (c) lapses or does not provide the required 113 coverage, the transportation network company must maintain 114 insurance that provides the coverage required by this section 115 beginning with the first dollar of a claim and must obligate the 116 insurer to defend such a claim in this state. 117 (g) The transportation network company driver is solely 118 responsible for obtaining and maintaining the insurance required 119 under paragraph (d). Upon application by any person to become a 120 driver, the transportation network company shall notify the 121 applicant that the driver must obtain and maintain the insurance 122 required under paragraph (d). The driver must provide the 123 transportation network company with proof of the required 124 insurance at the time of application and at least every 6 months 125 thereafter. Proof of the required insurance may be: 126 1. A copy of an insurance card or other document from the 127 insurance company which indicates the driver has coverage that 128 satisfied the requirements of paragraph (d); or 129 2. A copy of an insurance card or other document from the 130 insurance company which indicates the driver has coverage for 131 bodily injury and a certification from the driver that the 132 coverage satisfies the requirements of paragraph (d). 133 134 All documents and certifications provided pursuant to this 135 paragraph may be in an electronic format. If the driver does not 136 maintain insurance as required by paragraph (d), the 137 transportation network company shall suspend the driver’s access 138 to the company’s digital network until the driver complies with 139 the requirements of paragraph (d). 140 (h) Coverage under a motor vehicle insurance policy 141 maintained by the transportation network company shall not be 142 contingent on a denial of a claim under the driver’s personal 143 motor vehicle liability insurance policy, nor shall a personal 144 motor vehicle insurer be required to first deny a claim. 145 (i) Motor vehicle insurance required by this section must 146 be provided by an insurer authorized to do business in this 147 state which is a member of the Florida Insurance Guaranty 148 Association or an eligible surplus lines insurer that has a 149 superior, an excellent, an exceptional, or an equivalent 150 financial strength rating by a rating agency acceptable to the 151 office. 152 (j) Motor vehicle insurance that satisfies the requirements 153 of this section is deemed to satisfy the financial 154 responsibility requirements imposed under chapter 324 and the 155 security requirements imposed under s. 627.733. However, the 156 provision of transportation to persons for compensation which is 157 not covered under this section subjects a vehicle and driver to 158 the requirements of chapters 320 and 324. 159 (k) A transportation network company driver shall carry 160 proof of insurance coverage that meets the requirements of 161 paragraphs (b), (c), and (d) at all times during his or her use 162 of a personal vehicle. In the event of an accident: 163 1. The driver shall provide the insurance coverage 164 information to the directly involved parties, insurers, and 165 investigating law enforcement officers. Proof of financial 166 responsibility may be provided through a digital telephone 167 application under s. 316.646 which is controlled by a 168 transportation network company. 169 2. Upon request, the driver shall disclose to the directly 170 involved parties, insurers, and investigating law enforcement 171 officers whether the driver, at the time of the accident, was 172 logged on to the transportation network company’s digital 173 network or engaged in a prearranged ride. 174 (l) Before a driver may accept a request for a prearranged 175 ride on the transportation network company’s digital network, 176 the transportation network company shall disclose in writing to 177 each transportation network company driver: 178 1. The type and limits of insurance coverage provided by 179 the transportation network company; 180 2. The type of insurance coverage that the driver must 181 maintain while the driver uses a personal vehicle in connection 182 with providing transportation network company services; and 183 3. That the provision of rides for compensation, whether 184 prearranged or otherwise, which is not covered by this section 185 subjects the driver to the coverage requirements imposed by s. 186 324.032(1) and that failure to meet such limits subjects the 187 driver to penalties provided in s. 324.221, up to and including 188 a misdemeanor of the second degree. 189 (m) An insurer that provides personal motor vehicle 190 insurance policies under this part may exclude from coverage 191 under a policy issued to an owner or operator of a personal 192 vehicle any loss or injury that occurs while a driver is logged 193 on to a transportation network company’s digital network or 194 while a driver is engaged in a prearranged ride. Such right to 195 exclude coverage applies to any coverage under a personal motor 196 vehicle insurance policy, including, but not limited to: 197 1. Liability coverage for bodily injury and property 198 damage. 199 2. Personal injury protection coverage. 200 3. Uninsured and underinsured motorist coverage. 201 4. Medical payments coverage. 202 5. Comprehensive physical damage coverage. 203 6. Collision physical damage coverage. 204 205 However, these exclusions shall not affect or diminish coverage 206 otherwise available for resident relatives of the owner or 207 driver who are not occupying the personal vehicle at the time of 208 the loss. 209 (n) The exclusions authorized under paragraph (m) apply 210 notwithstanding any financial responsibility requirements under 211 chapter 324. This section does not require that a personal motor 212 vehicle insurance policy provide coverage while the driver is 213 logged on to the transportation network company’s digital 214 network, while the driver is engaged in a prearranged ride, or 215 while the driver otherwise uses a personal vehicle to transport 216 riders for compensation. However, an insurer may elect to 217 provide coverage by contract or endorsement for such driver’s 218 personal vehicle used for such purposes. 219 (o) An insurer that excludes coverage as authorized under 220 paragraph (m): 221 1. Does not have a duty to defend or indemnify an excluded 222 claim. This section does not invalidate or limit an exclusion 223 contained in a policy, including any policy in use or approved 224 for use in this state before July 1, 2016. 225 2. Has a right of contribution against other insurers that 226 provide motor vehicle insurance to the same driver in 227 satisfaction of the coverage requirements of this section at the 228 time of loss, if the insurer defends or indemnifies a claim 229 against a driver which is excluded under the terms of its 230 policy. 231 (p) In a claims investigation, a transportation network 232 company and any insurer providing coverage for a claim under 233 this section shall cooperate to facilitate the exchange of 234 relevant information with directly involved parties and insurers 235 of the transportation network company driver, if applicable. 236 Such information must provide: 237 1. The precise times that a driver logged on and off the 238 transportation network company’s digital network during the 12 239 hour period immediately before and immediately after the 240 accident. 241 2. A clear description of the coverage, any exclusions, and 242 the limits provided under insurance maintained under this 243 section. 244 (q) If a transportation network company’s insurer makes a 245 payment for a claim covered under comprehensive coverage or 246 collision coverage, the transportation network company shall 247 cause its insurer to issue the payment directly to the entity 248 repairing the vehicle or jointly to the owner of the vehicle and 249 the primary lienholder on the covered vehicle. 250 (4) Unless agreed to in a written contract, a 251 transportation network company is not deemed to control, direct, 252 or manage the personal vehicles that, or the transportation 253 network company drivers who, connect to its digital network, 254 solely as a result of the transportation network company being a 255 transportation network company pursuant to this section. 256 (5) A transportation network company shall provide an 257 electronic notice to transportation network company drivers at 258 least once every 10 times the driver logs into that company’s 259 digital network which states that unless the driver has other 260 additional motor vehicle insurance as required by this section, 261 it is illegal for a transportation network company driver to 262 solicit or accept a ride if the ride is not arranged through 263 that transportation network company’s digital network, and that 264 such rides shall not be covered by a transportation network 265 company driver’s or a transportation network company’s insurance 266 policy. 267 (6) Notwithstanding any other law, transportation network 268 company insurance requirements are governed exclusively by this 269 section and any rules adopted under this section. A political 270 subdivision of this state shall not adopt any ordinance imposing 271 insurance requirements on a transportation network company or 272 driver inconsistent with or more burdensome than the provisions 273 of this section. All such ordinances, whether existing or 274 proposed, are preempted and superseded by general law. 275 (7) Unless otherwise provided herein, the requirements of 276 this section are in addition to the other requirements for 277 obtaining and maintenance of motor vehicle insurance in this 278 state. This section does not affect other motor vehicle 279 insurance requirements in this state, including those for a 280 motor vehicle used as a common carrier. 281 (8) The Financial Services Commission may adopt rules to 282 administer this section. 283 Section 2. Paragraphs (b) and (c) of subsection (1) of 284 section 316.066, Florida Statutes, are amended, and paragraph 285 (e) is added to subsection (3) of that section, to read: 286 316.066 Written reports of crashes.— 287 (1) 288 (b) The Florida Traffic Crash Report, Long Form must 289 include: 290 1. The date, time, and location of the crash. 291 2. A description of the vehicles involved. 292 3. The names and addresses of the parties involved, 293 including all drivers and passengers, and the identification of 294 the vehicle in which each was a driver or a passenger. 295 4. The names and addresses of witnesses. 296 5. The name, badge number, and law enforcement agency of 297 the officer investigating the crash. 298 6. The names of the insurance companies for the respective 299 parties involved in the crash. 300 7. A statement as to whether, at the time of the accident, 301 any driver was providing a prearranged ride or logged into a 302 digital network of a transportation network company, as those 303 terms are defined in s. 627.748. 304 (c) In any crash for which a Florida Traffic Crash Report, 305 Long Form is not required by this section and which occurs on 306 the public roadways of this state, the law enforcement officer 307 shall complete a short-form crash report or provide a driver 308 exchange-of-information form, to be completed by all drivers and 309 passengers involved in the crash, which requires the 310 identification of each vehicle that the drivers and passengers 311 were in. The short-form report must include: 312 1. The date, time, and location of the crash. 313 2. A description of the vehicles involved. 314 3. The names and addresses of the parties involved, 315 including all drivers and passengers, and the identification of 316 the vehicle in which each was a driver or a passenger. 317 4. The names and addresses of witnesses. 318 5. The name, badge number, and law enforcement agency of 319 the officer investigating the crash. 320 6. The names of the insurance companies for the respective 321 parties involved in the crash. 322 7. A statement as to whether, at the time of the accident, 323 any driver was providing a prearranged ride or logged into a 324 digital network of a transportation network company, as those 325 terms are defined in s. 627.748. 326 (3) 327 (e) Any driver who provides a false statement to a law 328 enforcement officer in connection with the information that is 329 required to be reported under subparagraph (1)(b)7. or 330 subparagraph (1)(c)7. commits a misdemeanor of the second 331 degree, punishable as provided in s. 775.082 or s. 775.083. 332 Section 3. This act shall take effect January 1, 2017. 333 334 ================= T I T L E A M E N D M E N T ================ 335 And the title is amended as follows: 336 Delete everything before the enacting clause 337 and insert: 338 A bill to be entitled 339 An act relating to transportation network companies; 340 creating s. 627.748, F.S.; providing legislative 341 intent; defining terms; requiring a transportation 342 network company driver, or the transportation network 343 company on the driver’s behalf, or a combination of 344 both, to maintain certain primary motor vehicle 345 insurance under specified circumstances; providing 346 coverage requirements under specified circumstances; 347 requiring a transportation network company to maintain 348 certain insurance and obligate the insurer to defend a 349 certain claim if specified insurance of the driver 350 lapses or does not provide the required coverage; 351 providing that a driver is solely responsible for 352 maintaining specified insurance; requiring a 353 transportation network company to provide a specified 354 notice to a driver applicant; requiring a driver to 355 provide a transportation network company with 356 specified proof of insurance at the time of 357 application and at specified intervals; requiring a 358 transportation network company to suspend a driver’s 359 access to its digital network if the driver does not 360 maintain specified insurance; providing that certain 361 coverage shall not be contingent on a claim denial; 362 specifying requirements for insurers that provide the 363 required insurance; providing for construction; 364 requiring a transportation network company driver to 365 carry proof of certain insurance coverage at all times 366 during his or her use of a personal vehicle and to 367 disclose specified information in the event of an 368 accident; requiring a transportation network company 369 to make certain disclosures and provide a specified 370 notice to transportation network company drivers; 371 authorizing an insurer to exclude certain coverage for 372 loss or injury to specified persons which occurs under 373 certain circumstances; providing for applicability and 374 construction; requiring a transportation network 375 company and certain insurers to cooperate during a 376 claims investigation to facilitate the exchange of 377 specified information; requiring a transportation 378 network company to cause its insurer to issue payments 379 for claims directly to specified entities under 380 certain circumstances; providing that, unless agreed 381 to in a written contract, a transportation network 382 company is not deemed to control, direct, or manage 383 the personal vehicles or transportation network 384 company drivers that connect to its digital network; 385 requiring a transportation network company to provide 386 drivers with a certain notice at specified intervals; 387 specifying preemption of laws pertaining to 388 transportation network company insurance; providing 389 applicability; authorizing the Financial Services 390 Commission to adopt rules; amending s. 316.066, F.S.; 391 requiring a statement in certain crash reports as to 392 whether any driver at the time of the accident was 393 providing a prearranged ride or logged into a digital 394 network of a transportation network company; providing 395 a criminal penalty for a driver who provides a false 396 statement to a law enforcement officer in connection 397 with certain information; providing an effective date.