Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 340
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             04/18/2017 09:25 AM       .                                

       Senator Rodriguez moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 335 - 490
    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 more often than once every 2 years, the Department
   66  of Financial Services shall direct a TNC to submit to the
   67  department an agreed-upon procedures report prepared by an
   68  independent certified public accountant for the sole purpose of
   69  verifying that the TNC is in compliance with this subsection.
   70  The report must be prepared in accordance with applicable
   71  attestation standards established by the American Institute of
   72  Certified Public Accountants. The TNC shall bear all costs
   73  associated with the preparation and submission of the report.
   74         (f) Upon receipt of the report pursuant to paragraph (e),
   75  the Department of Financial Services may impose a fine of up to
   76  $250 for each violation of this subsection identified in the
   77  report and $500 for each repeat violation. The department may
   78  also direct a TNC to address any noncompliance with this
   79  subsection identified in the report within a timeframe
   80  prescribed by the department. The department may, pursuant to
   81  the Florida Rules of Civil Procedure, seek injunctive relief
   82  against a TNC that fails to comply with the department’s
   83  direction under this paragraph and that poses an imminent threat
   84  to public safety as a result of such noncompliance. For purposes
   85  of this subsection, a repeat violation occurs when two
   86  consecutive reports prepared for a TNC reveal noncompliance with
   87  the same requirement.
   88         (g) Unless otherwise explicitly provided, this subsection
   89  does not extinguish any claim otherwise available under common
   90  law or any other statute.
   91         (11) PROHIBITED CONDUCT.—
   92         (a) A TNC driver may not accept a ride for compensation
   93  other than by a rider arranged through a digital network.
   94         (b) A TNC driver may not solicit or accept street hails.
   96         (a) A TNC shall adopt a policy of nondiscrimination with
   97  respect to riders and potential riders and shall notify TNC
   98  drivers of such policy.
   99         (b) A TNC driver shall comply with the TNC’s
  100  nondiscrimination policy.
  101         (c) A TNC driver shall comply with all applicable laws
  102  regarding nondiscrimination against riders and potential riders.
  103         (d) A TNC driver shall comply with all applicable laws
  104  relating to accommodation of service animals.
  105         (e) A TNC may not impose additional charges for providing
  106  services to a person who has a physical disability because of
  107  the person’s disability.
  108         (f) A TNC that contracts with a governmental entity to
  109  provide paratransit services must comply with all applicable
  110  state and federal laws related to individuals with disabilities.
  111         (g) A TNC shall reevaluate any decision to remove a TNC
  112  driver’s authorization to access its digital network due to a
  113  low quality rating by riders if the TNC driver alleges that the
  114  low quality rating was because of a characteristic identified in
  115  the company’s nondiscrimination policy and there is a plausible
  116  basis for such allegation.
  117         (13) RECORDS.—A TNC shall maintain the following records:
  118         (a) Individual ride records for at least 1 year after the
  119  date on which each ride is provided; and
  120         (b) Individual records of TNC drivers for at least 1 year
  121  after the date on which the TNC driver’s relationship with the
  122  TNC ends.
  123         (14) PREEMPTION.—
  124         (a) It is the intent of the Legislature to provide for
  125  uniformity of laws governing TNCs, TNC drivers, and TNC vehicles
  126  throughout the state. TNCs, TNC drivers, and TNC vehicles are
  127  governed exclusively by state law, including in any locality or
  128  other jurisdiction that enacted a law or created rules governing
  129  TNCs, TNC drivers, or TNC vehicles before July 1, 2017. A
  130  county, municipality, special district, airport authority, port
  131  authority, or other local governmental entity or subdivision may
  132  not:
  133         1. Impose a tax on, or require a license for, a TNC, a TNC
  134  driver, or a TNC vehicle if such tax or license relates to
  135  providing prearranged rides;
  136         2. Subject a TNC, a TNC driver, or a TNC vehicle to any
  137  rate, entry, operation, or other requirement of the county,
  138  municipality, special district, airport authority, port
  139  authority, or other local governmental entity or subdivision; or
  140         3. Require a TNC or a TNC driver to obtain a business
  141  license or any other type of similar authorization to operate
  142  within the local governmental entity’s jurisdiction.
  143         (b) This subsection does not prohibit an airport or seaport
  144  from charging reasonable pickup fees consistent with any pickup
  145  fees charged to taxicab companies at that airport or seaport for
  146  their use of the airport’s or seaport’s facilities or prohibit
  147  the airport or seaport from designating locations for staging,
  148  pickup, and other similar operations at the airport or seaport.
  150  ================= T I T L E  A M E N D M E N T ================
  151  And the title is amended as follows:
  152         Delete lines 35 - 37
  153  and insert:
  154         particular claim; requiring a TNC to implement a zero
  155         tolerance