Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/HB 221, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             04/18/2017 10:47 AM       .                                

       Senator Rodriguez moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 335 - 518
    4  and insert:
    6         (a) The TNC shall implement a zero-tolerance policy
    7  regarding a TNC driver’s activities while accessing the TNC’s
    8  digital network. The zero-tolerance policy must address the use
    9  of drugs or alcohol while a TNC driver is providing a
   10  prearranged ride or is logged on to the digital network.
   11         (b) The TNC shall provide notice of this policy on its
   12  website, as well as procedures to report a complaint about a TNC
   13  driver who a rider reasonably suspects was under the influence
   14  of drugs or alcohol during the course of the ride.
   15         (c) Upon receipt of a rider’s complaint alleging a
   16  violation of the zero-tolerance policy, the TNC shall suspend a
   17  TNC driver’s ability to accept any ride request through the
   18  TNC’s digital network as soon as possible and shall conduct an
   19  investigation into the reported incident. The suspension must
   20  last the duration of the investigation.
   22         (a) Before an individual is authorized to accept a ride
   23  request through a digital network:
   24         1. The individual must submit an application to the TNC
   25  which includes information regarding his or her address, age,
   26  driver license, motor vehicle registration, and other
   27  information required by the TNC;
   28         2. The TNC must conduct, or have a third party conduct, a
   29  local and national criminal background check that includes:
   30         a. A search of the Multi-State/Multi-Jurisdiction Criminal
   31  Records Locator or other similar commercial nationwide database
   32  with validation of any records through primary source search;
   33  and
   34         b. A search of the National Sex Offender Public Website
   35  maintained by the United States Department of Justice; and
   36         3. The TNC must obtain and review, or have a third party
   37  obtain and review, a driving history research report for the
   38  applicant.
   39         (b) The TNC shall conduct the background check required
   40  under paragraph (a) for a TNC driver every 3 years.
   41         (c) The TNC may not authorize an individual to act as a TNC
   42  driver on its digital network if the driving history research
   43  report conducted when the individual first seeks access to the
   44  digital network reveals that the individual has had more than
   45  three moving violations in the prior 3-year period.
   46         (d) The TNC may not authorize an individual to act as a TNC
   47  driver on its digital network if the background check conducted
   48  when the individual first seeks access to the digital network or
   49  any subsequent background check required under paragraph (b)
   50  reveals that the individual:
   51         1. Has been convicted, within the past 5 years, of:
   52         a. A felony;
   53         b. A misdemeanor for driving under the influence of drugs
   54  or alcohol, for reckless driving, for hit and run, or for
   55  fleeing or attempting to elude a law enforcement officer; or
   56         c. A misdemeanor for a violent offense or sexual battery,
   57  or a crime of lewdness or indecent exposure under chapter 800;
   58         2. Has been convicted, within the past 3 years, of driving
   59  with a suspended or revoked license;
   60         3. Is a match in the National Sex Offender Public Website
   61  maintained by the United States Department of Justice;
   62         4. Does not possess a valid driver license; or
   63         5. Does not possess proof of registration for the motor
   64  vehicle used to provide prearranged rides.
   65         (e) No later than January 1 of every other year beginning
   66  in 2019, a TNC shall submit to the Department of Financial
   67  Services an examination report prepared by an independent
   68  certified public accountant for the sole purpose of verifying
   69  that the TNC has maintained compliance with subsection (8) and
   70  this subsection on a continual basis for either the preceding 2
   71  years or for the timeframe that the TNC has been operating in
   72  this state if that timeframe is less than 2 years. The report
   73  shall expressly state whether the TNC was compliant or
   74  noncompliant. The report must be prepared in accordance with
   75  applicable attestation standards established by the American
   76  Institute of Certified Public Accountants. The TNC shall bear
   77  all costs associated with the preparation and submission of the
   78  report.
   79         (f) The Department of Financial Services, within 30 days
   80  after receipt of the report required under paragraph (e), shall
   81  impose a fine of $10,000 if the report includes a finding that
   82  the TNC has been noncompliant with subsection (8), this
   83  subsection, or both. A TNC that has been found to be
   84  noncompliant shall submit another examination report prepared by
   85  an independent certified public accountant to the department no
   86  later than January 1 of the following year. This subsequent
   87  report shall evaluate the records of the TNC for the timeframe
   88  since the independent certified public accountant last reviewed
   89  the records of the TNC to determine whether the TNC has been
   90  compliant with subsection (8), this subsection, or both on a
   91  continual basis. The department, within 30 days after receipt of
   92  the subsequent report required by this paragraph, shall impose a
   93  fine of $20,000 if the subsequent report includes a finding that
   94  the TNC has been noncompliant with subsection (8), this
   95  subsection, or both. Failure to timely submit any report
   96  required under this paragraph shall result in the imposition of
   97  an additional fine of $10,000 for noncompliance. Any fine
   98  imposed by the department shall be payable within 21 days after
   99  receipt of notice from the department. The moneys so received
  100  may be deposited by the department for use in defraying the
  101  expenses of the department in the discharge of its
  102  administrative and regulatory duties under this subsection. The
  103  payment of the fine shall be stayed by the filing of a petition
  104  for an administrative proceeding pursuant to chapter 120 with
  105  the department’s agency clerk. Failure to timely petition will
  106  waive any rights to an administrative hearing. The department
  107  may, pursuant to the Florida Rules of Civil Procedure, seek
  108  injunctive relief against a TNC that fails to comply with the
  109  requirements of paragraph (e) and this paragraph. The department
  110  may adopt rules to implement paragraph (e) and this paragraph.
  111         (g) Unless otherwise explicitly provided, this subsection
  112  does not extinguish any claim otherwise available under common
  113  law or any other statute.
  114         (11) PROHIBITED CONDUCT.—
  115         (a) A TNC driver may not accept a ride for compensation
  116  other than by a rider arranged through a digital network.
  117         (b) A TNC driver may not solicit or accept street hails.
  118         (c) A TNC may not alter the presentation of information on
  119  its digital network to an enforcement official for the purpose
  120  of thwarting or interfering with the official’s enforcement or
  121  oversight of the TNC.
  123         (a) A TNC shall adopt a policy of nondiscrimination with
  124  respect to riders and potential riders and shall notify TNC
  125  drivers of such policy.
  126         (b) A TNC driver shall comply with the TNC’s
  127  nondiscrimination policy.
  128         (c) A TNC driver shall comply with all applicable laws
  129  regarding nondiscrimination against riders and potential riders.
  130         (d) A TNC driver shall comply with all applicable laws
  131  relating to accommodation of service animals.
  132         (e) A TNC may not impose additional charges for providing
  133  services to a person who has a physical disability because of
  134  the person’s disability.
  135         (f) A TNC that contracts with a governmental entity to
  136  provide paratransit services must comply with all applicable
  137  state and federal laws related to individuals with disabilities.
  138         (g) A TNC shall reevaluate any decision to remove a TNC
  139  driver’s authorization to access its digital network due to a
  140  low quality rating by riders if the TNC driver alleges that the
  141  low quality rating was because of a characteristic identified in
  142  the company’s nondiscrimination policy and there is a plausible
  143  basis for such allegation.
  144         (13) RECORDS.—A TNC shall maintain the following records:
  145         (a) Individual ride records for at least 1 year after the
  146  date on which each ride is provided; and
  147         (b) Individual records of TNC drivers for at least 1 year
  148  after the date on which the TNC driver’s relationship with the
  149  TNC ends.
  150         (14) PREEMPTION.—
  151         (a) It is the intent of the Legislature to provide for
  152  uniformity of laws governing TNCs, TNC drivers, and TNC vehicles
  153  throughout the state. TNCs, TNC drivers, and TNC vehicles are
  154  governed exclusively by state law, including in any locality or
  155  other jurisdiction that enacted a law or created rules governing
  156  TNCs, TNC drivers, or TNC vehicles before July 1, 2017. A
  157  county, municipality, special district, airport authority, port
  158  authority, or other local governmental entity or subdivision may
  159  not:
  160         1. Impose a tax on, or require a license for, a TNC, a TNC
  161  driver, or a TNC vehicle if such tax or license relates to
  162  providing prearranged rides;
  163         2. Subject a TNC, a TNC driver, or a TNC vehicle to any
  164  rate, entry, operation, or other requirement of the county,
  165  municipality, special district, airport authority, port
  166  authority, or other local governmental entity or subdivision; or
  167         3. Require a TNC or a TNC driver to obtain a business
  168  license or any other type of similar authorization to operate
  169  within the local governmental entity’s jurisdiction.
  170         (b) This subsection does not prohibit an airport or seaport
  171  from charging reasonable pickup fees consistent with any pickup
  172  fees charged to taxicab companies at that airport or seaport for
  173  their use of the airport’s or seaport’s facilities or prohibit
  174  the airport or seaport from designating locations for staging,
  175  pickup, and other similar operations at the airport or seaport.
  177  ================= T I T L E  A M E N D M E N T ================
  178  And the title is amended as follows:
  179         Delete lines 35 - 37
  180  and insert:
  181         particular claim; requiring a TNC to implement a zero
  182         tolerance