Florida Senate - 2017                       CS for CS for SB 340
       
       
        
       By the Committees on Judiciary; and Banking and Insurance; and
       Senators Brandes, Galvano, Simpson, Artiles, Young, and Bracy
       
       
       
       
       590-02994-17                                           2017340c2
    1                        A bill to be entitled                      
    2         An act relating to transportation network companies;
    3         creating s. 627.748, F.S.; defining terms; providing
    4         for construction; providing that a transportation
    5         network company (TNC) driver is not required to
    6         register certain vehicles as commercial motor vehicles
    7         or for-hire vehicles; requiring a TNC to designate and
    8         maintain an agent for service of process in this
    9         state; providing fare requirements; providing
   10         requirements for a TNC’s digital network; providing
   11         for an electronic receipt, subject to certain
   12         requirements; providing automobile insurance
   13         requirements for a TNC and a TNC driver; providing
   14         requirements for specified proof of coverage for a TNC
   15         driver under certain circumstances; providing certain
   16         disclosure requirements for a TNC driver in the event
   17         of an accident; requiring a TNC to cause its insurer
   18         to issue certain payments directly to certain parties;
   19         requiring a TNC to make specified disclosures in
   20         writing to TNC drivers under certain circumstances;
   21         authorizing specified insurers to exclude certain
   22         coverage, subject to certain limitations; providing
   23         that the right to exclude coverage applies to any
   24         coverage included in an automobile insurance policy;
   25         providing applicability; providing for construction;
   26         providing that specified automobile insurers have a
   27         right of contribution against other insurers that
   28         provide automobile insurance to the same TNC drivers
   29         in satisfaction of certain coverage requirements under
   30         certain circumstances; requiring a TNC to provide
   31         specified information upon request by certain parties
   32         during a claims coverage investigation; requiring
   33         certain insurers to disclose specified information
   34         upon request by any other insurer involved in the
   35         particular claim; providing that TNC drivers are
   36         independent contractors if specified conditions are
   37         met; requiring a TNC to implement a zero-tolerance
   38         policy for drug or alcohol use, subject to certain
   39         requirements; providing TNC driver requirements;
   40         requiring a TNC to conduct a certain background check
   41         for a TNC driver after a specified period; requiring
   42         the Department of Financial Services to direct a TNC
   43         to submit to the department an agreed-upon procedures
   44         report prepared by a certified public accountant,
   45         subject to certain restrictions and requirements;
   46         authorizing the department to impose specified fines
   47         for violations and repeat violations identified in the
   48         report; authorizing the department to direct a TNC to
   49         address noncompliance identified in the report within
   50         a timeframe prescribed by the department; authorizing
   51         injunctive relief under certain circumstances;
   52         specifying when a repeat violation occurs; providing
   53         applicability; prohibiting a TNC driver from accepting
   54         certain rides or soliciting or accepting street hails;
   55         requiring a TNC to adopt a policy of nondiscrimination
   56         with respect to riders and potential riders and to
   57         notify TNC drivers of such policy; requiring TNC
   58         drivers to comply with the nondiscrimination policy
   59         and certain applicable laws regarding
   60         nondiscrimination and accommodation of service
   61         animals; prohibiting a TNC from imposing additional
   62         charges for providing services to persons who have
   63         physical disabilities; requiring a TNC that contracts
   64         with a governmental entity to provide paratransit
   65         services to comply with certain state and federal
   66         laws; requiring a TNC to reevaluate a decision to
   67         remove a TNC driver’s authorization to access its
   68         digital network in certain instances; requiring a TNC
   69         to maintain specified records; providing legislative
   70         intent; specifying that TNCs, TNC drivers, and TNC
   71         vehicles are governed exclusively by state law;
   72         prohibiting local governmental entities and
   73         subdivisions from taking specified actions; providing
   74         applicability; providing an effective date.
   75          
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Section 627.748, Florida Statutes, is created to
   79  read:
   80         627.748Transportation network companies.—
   81         (1) DEFINITIONS.—As used in this section, the term:
   82         (a) “Digital network” means any online-enabled technology
   83  application service, website, or system offered or used by a
   84  transportation network company which enables the prearrangement
   85  of rides with transportation network company drivers.
   86         (b) “Prearranged ride” means the provision of
   87  transportation by a TNC driver to a rider, beginning when a TNC
   88  driver accepts a ride requested by a rider through a digital
   89  network controlled by a transportation network company,
   90  continuing while the TNC driver transports the rider, and ending
   91  when the last rider exits from and is no longer occupying the
   92  TNC vehicle. The term does not include a taxicab, for-hire
   93  vehicle, or street hail service and does not include ridesharing
   94  as defined in s. 341.031, carpool as defined s. 450.28, or any
   95  other type of service in which the driver receives a fee that
   96  does not exceed the driver’s cost to provide the ride.
   97         (c) “Rider” means an individual who uses a digital network
   98  to connect with a TNC driver in order to obtain a prearranged
   99  ride in the TNC driver’s TNC vehicle between points chosen by
  100  the rider. A person may use a digital network to request a
  101  prearranged ride on behalf of a rider.
  102         (d) “Street hail” means an immediate arrangement on a
  103  street with a driver by a person using any method other than a
  104  digital network to seek immediate transportation.
  105         (e) “Transportation network company” or “TNC” means an
  106  entity operating in this state pursuant to this section using a
  107  digital network to connect a rider to a TNC driver, who provides
  108  prearranged rides. A TNC is not deemed to own, control, operate,
  109  direct, or manage the TNC vehicles or TNC drivers that connect
  110  to its digital network, except where agreed to by written
  111  contract, and is not a taxicab association or for-hire vehicle
  112  owner. An individual, corporation, partnership, sole
  113  proprietorship, or other entity that arranges medical
  114  transportation for individuals qualifying for Medicaid or
  115  Medicare pursuant to a contract with the state or a managed care
  116  organization is not a TNC. This section does not prohibit a TNC
  117  from providing prearranged rides to individuals who qualify for
  118  Medicaid or Medicare if it meets the requirements of this
  119  section.
  120         (f) “Transportation network company driver” or “TNC driver”
  121  means an individual who:
  122         1. Receives connections to potential riders and related
  123  services from a transportation network company; and
  124         2. In return for compensation, uses a TNC vehicle to offer
  125  or provide a prearranged ride to a rider upon connection through
  126  a digital network.
  127         (g) “Transportation network company vehicle” or “TNC
  128  vehicle” means a vehicle that is not a taxicab, jitney,
  129  limousine, or for-hire vehicle as defined in s. 320.01(15) and
  130  that is:
  131         1. Used by a TNC driver to offer or provide a prearranged
  132  ride; and
  133         2. Owned, leased, or otherwise authorized to be used by the
  134  TNC driver.
  135  
  136  Notwithstanding any other provision of law, a vehicle that is
  137  let or rented to another for consideration may be used as a TNC
  138  vehicle.
  139         (2) NOT OTHER CARRIERS.—A TNC or TNC driver is not a common
  140  carrier, contract carrier, or motor carrier and does not provide
  141  taxicab or for-hire vehicle service. In addition, a TNC driver
  142  is not required to register the vehicle that the TNC driver uses
  143  to provide prearranged rides as a commercial motor vehicle or a
  144  for-hire vehicle.
  145         (3) AGENT.—A TNC must designate and maintain an agent for
  146  service of process in this state.
  147         (4) FARE TRANSPARENCY.—If a fare is collected from a rider,
  148  the TNC must disclose to the rider the fare or fare calculation
  149  method on its website or within the online-enabled technology
  150  application service before the beginning of the prearranged
  151  ride. If the fare is not disclosed to the rider before the
  152  beginning of the prearranged ride, the rider must have the
  153  option to receive an estimated fare before the beginning of the
  154  prearranged ride.
  155         (5) IDENTIFICATION OF TNC VEHICLES AND DRIVERS.—The TNC’s
  156  digital network must display a photograph of the TNC driver and
  157  the license plate number of the TNC vehicle used for providing
  158  the prearranged ride before the rider enters the TNC driver’s
  159  vehicle.
  160         (6) ELECTRONIC RECEIPT.—Within a reasonable period after
  161  the completion of a ride, a TNC shall transmit an electronic
  162  receipt to the rider on behalf of the TNC driver which lists:
  163         (a) The origin and destination of the ride;
  164         (b) The total time and distance of the ride; and
  165         (c) The total fare paid.
  166         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
  167  REQUIREMENTS.—
  168         (a) Beginning July 1, 2017, a TNC driver or a TNC on behalf
  169  of the TNC driver shall maintain primary automobile insurance
  170  that:
  171         1. Recognizes that the TNC driver is a TNC driver or
  172  otherwise uses a vehicle to transport riders for compensation;
  173  and
  174         2. Covers the TNC driver while the TNC driver is logged on
  175  to the digital network of the TNC or while the TNC driver is
  176  engaged in a prearranged ride.
  177         (b) The following automobile insurance requirements apply
  178  while a participating TNC driver is logged on to the digital
  179  network but is not engaged in a prearranged ride:
  180         1. Automobile insurance that provides:
  181         a. A primary automobile liability coverage of at least
  182  $50,000 for death and bodily injury per person, $100,000 for
  183  death and bodily injury per incident, and $25,000 for property
  184  damage;
  185         b. Personal injury protection benefits that meet the
  186  minimum coverage amounts required under ss. 627.730-627.7405;
  187  and
  188         c. Uninsured and underinsured vehicle coverage as required
  189  by s. 627.727.
  190         2. The coverage requirements of this paragraph may be
  191  satisfied by any of the following:
  192         a. Automobile insurance maintained by the TNC driver;
  193         b. Automobile insurance maintained by the TNC; or
  194         c. A combination of sub-subparagraphs a. and b.
  195         (c) The following automobile insurance requirements apply
  196  while a TNC driver is engaged in a prearranged ride:
  197         1. Automobile insurance that provides:
  198         a. A primary automobile liability coverage of at least $1
  199  million for death, bodily injury, and property damage;
  200         b. Personal injury protection benefits that meet the
  201  minimum coverage amounts required of a limousine under ss.
  202  627.730-627.7405; and
  203         c. Uninsured and underinsured vehicle coverage as required
  204  by s. 627.727.
  205         2. The coverage requirements of this paragraph may be
  206  satisfied by any of the following:
  207         a. Automobile insurance maintained by the TNC driver;
  208         b. Automobile insurance maintained by the TNC; or
  209         c. A combination of sub-subparagraphs a. and b.
  210         (d) If the TNC driver’s insurance under paragraph (b) or
  211  paragraph (c) has lapsed or does not provide the required
  212  coverage, the insurance maintained by the TNC must provide the
  213  coverage required under this subsection, beginning with the
  214  first dollar of a claim, and have the duty to defend such claim.
  215         (e) Coverage under an automobile insurance policy
  216  maintained by the TNC must not be dependent on a personal
  217  automobile insurer first denying a claim, and a personal
  218  automobile insurance policy is not required to first deny a
  219  claim.
  220         (f) Insurance required under this subsection must be
  221  provided by an insurer authorized to do business in this state
  222  which is a member of the Florida Insurance Guaranty Association
  223  or an eligible surplus lines insurer that has a superior,
  224  excellent, exceptional, or equivalent financial strength rating
  225  by a rating agency acceptable to the Office of Insurance
  226  Regulation of the Financial Services Commission.
  227         (g) Insurance satisfying the requirements under this
  228  subsection is deemed to satisfy the financial responsibility
  229  requirement for a motor vehicle under chapter 324 and the
  230  security required under s. 627.733 for any period when the TNC
  231  driver is logged onto the digital network or engaged in a
  232  prearranged ride.
  233         (h) A TNC driver shall carry proof of coverage satisfying
  234  paragraphs (b) and (c) with him or her at all times during his
  235  or her use of a TNC vehicle in connection with a digital
  236  network. In the event of an accident, a TNC driver shall provide
  237  this insurance coverage information to any party directly
  238  involved in the accident or the party’s designated
  239  representative, automobile insurers, and investigating police
  240  officers. Proof of financial responsibility may be presented
  241  through an electronic device, such as a digital phone
  242  application, under s. 316.646. Upon request, a TNC driver shall
  243  also disclose to any party directly involved in the accident or
  244  the party’s designated representative, automobile insurers, and
  245  investigating police officers whether he or she was logged on to
  246  a digital network or was engaged in a prearranged ride at the
  247  time of the accident.
  248         (i) If a TNC’s insurer makes a payment for a claim covered
  249  under comprehensive coverage or collision coverage, the TNC
  250  shall cause its insurer to issue the payment directly to the
  251  business repairing the vehicle or jointly to the owner of the
  252  vehicle and the primary lienholder on the covered vehicle.
  253         (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
  254  EXCLUSIONS.—
  255         (a) Before a TNC driver is allowed to accept a request for
  256  a prearranged ride on the digital network, the TNC must disclose
  257  in writing to the TNC driver:
  258         1. The insurance coverage, including the types of coverage
  259  and the limits for each coverage, which the TNC provides while
  260  the TNC driver uses a TNC vehicle in connection with the TNC’s
  261  digital network.
  262         2. That the TNC driver’s own automobile insurance policy
  263  might not provide any coverage while the TNC driver is logged on
  264  to the digital network or is engaged in a prearranged ride,
  265  depending on the terms of the TNC driver’s own automobile
  266  insurance policy.
  267         3. That the provision of rides for compensation which are
  268  not prearranged rides subjects the driver to the coverage
  269  requirements imposed under s. 324.032(1) and that failure to
  270  meet such coverage requirements subjects the TNC driver to
  271  penalties provided in s. 324.221, up to and including a
  272  misdemeanor of the second degree.
  273         (b)1. An insurer that provides an automobile liability
  274  insurance policy under part XI of chapter 627 may exclude any
  275  and all coverage afforded under the policy issued to an owner or
  276  operator of a TNC vehicle while driving that vehicle for any
  277  loss or injury that occurs while a TNC driver is logged on to a
  278  digital network or while a TNC driver provides a prearranged
  279  ride. Exclusions imposed under this subsection are limited to
  280  coverage while a TNC driver is logged on to a digital network or
  281  while a TNC driver provides a prearranged ride. This right to
  282  exclude all coverage may apply to any coverage included in an
  283  automobile insurance policy, including, but not limited to:
  284         a. Liability coverage for bodily injury and property
  285  damage;
  286         b. Uninsured and underinsured motorist coverage;
  287         c. Medical payments coverage;
  288         d. Comprehensive physical damage coverage;
  289         e. Collision physical damage coverage; and
  290         f. Personal injury protection.
  291         2. The exclusions described in subparagraph 1. apply
  292  notwithstanding any requirement under chapter 324. These
  293  exclusions do not affect or diminish coverage otherwise
  294  available for permissive drivers or resident relatives under the
  295  personal automobile insurance policy of the TNC driver or owner
  296  of the TNC vehicle who are not occupying the TNC vehicle at the
  297  time of loss. This section does not require that a personal
  298  automobile insurance policy provide coverage while the TNC
  299  driver is logged on to a digital network, while the TNC driver
  300  is engaged in a prearranged ride, or while the TNC driver
  301  otherwise uses a vehicle to transport riders for compensation.
  302         3. This section must not be construed to require an insurer
  303  to use any particular policy language or reference to this
  304  section in order to exclude any and all coverage for any loss or
  305  injury that occurs while a TNC driver is logged on to a digital
  306  network or while a TNC driver provides a prearranged ride.
  307         4. This section does not preclude an insurer from providing
  308  primary or excess coverage for the TNC driver’s vehicle by
  309  contract or endorsement.
  310         (c)1. An automobile insurer that excludes the coverage
  311  described in subparagraph (b)1. does not have a duty to defend
  312  or indemnify any claim expressly excluded thereunder. This
  313  section does not invalidate or limit an exclusion contained in a
  314  policy, including a policy in use or approved for use in this
  315  state before July 1, 2017, which excludes coverage for vehicles
  316  used to carry persons or property for a charge or available for
  317  hire by the public.
  318         2. An automobile insurer that defends or indemnifies a
  319  claim against a TNC driver which is excluded under the terms of
  320  its policy has a right of contribution against other insurers
  321  that provide automobile insurance to the same TNC driver in
  322  satisfaction of the coverage requirements of subsection (7) at
  323  the time of loss.
  324         (d) In a claims coverage investigation, a TNC shall
  325  immediately provide, upon request by a directly involved party
  326  or any insurer of the TNC driver, if applicable, the precise
  327  times that the TNC driver logged on and off the digital network
  328  in the 12-hour period immediately preceding and in the 12-hour
  329  period immediately following the accident. An insurer providing
  330  coverage under subsection (7) shall disclose, upon request by
  331  any other insurer involved in the particular claim, the
  332  applicable coverages, exclusions, and limits provided under any
  333  automobile insurance maintained in order to satisfy the
  334  requirements of subsection (7).
  335         (9) LIMITATION ON TRANSPORTATION NETWORK COMPANIES.—A TNC
  336  driver is an independent contractor and not an employee of the
  337  TNC if all of the following conditions are met:
  338         (a) The TNC does not unilaterally prescribe specific hours
  339  during which the TNC driver must be logged on to the TNC’s
  340  digital network.
  341         (b) The TNC does not prohibit the TNC driver from using
  342  digital networks from other TNCs.
  343         (c) The TNC does not restrict the TNC driver from engaging
  344  in any other occupation or business.
  345         (d) The TNC and TNC driver agree in writing that the TNC
  346  driver is an independent contractor with respect to the TNC.
  347         (10) ZERO TOLERANCE FOR DRUG OR ALCOHOL USE.—
  348         (a) The TNC shall implement a zero-tolerance policy
  349  regarding a TNC driver’s activities while accessing the TNC’s
  350  digital network. The zero-tolerance policy must address the use
  351  of drugs or alcohol while a TNC driver is providing a
  352  prearranged ride or is logged on to the digital network.
  353         (b) The TNC shall provide notice of this policy on its
  354  website, as well as procedures to report a complaint about a TNC
  355  driver who a rider reasonably suspects was under the influence
  356  of drugs or alcohol during the course of the ride.
  357         (c) Upon receipt of a rider’s complaint alleging a
  358  violation of the zero-tolerance policy, the TNC shall suspend a
  359  TNC driver’s ability to accept any ride request through the
  360  TNC’s digital network as soon as possible and shall conduct an
  361  investigation into the reported incident. The suspension must
  362  last the duration of the investigation.
  363         (11) TRANSPORTATION NETWORK COMPANY DRIVER REQUIREMENTS.—
  364         (a) Before an individual is authorized to accept a ride
  365  request through a digital network:
  366         1. The individual must submit an application to the TNC
  367  which includes information regarding his or her address, age,
  368  driver license, motor vehicle registration, and other
  369  information required by the TNC;
  370         2. The TNC must conduct, or have a third party conduct, a
  371  local and national criminal background check that includes:
  372         a. A search of the Multi-State/Multi-Jurisdiction Criminal
  373  Records Locator or other similar commercial nationwide database
  374  with validation of any records through primary source search;
  375  and
  376         b. A search of the National Sex Offender Public Website
  377  maintained by the United States Department of Justice; and
  378         3. The TNC must obtain and review, or have a third party
  379  obtain and review, a driving history research report for the
  380  applicant.
  381         (b) The TNC shall conduct the background check required
  382  under paragraph (a) for a TNC driver every 3 years.
  383         (c) The TNC may not authorize an individual to act as a TNC
  384  driver on its digital network if the driving history research
  385  report conducted when the individual first seeks access to the
  386  digital network reveals that the individual has had more than
  387  three moving violations in the prior 3-year period.
  388         (d) The TNC may not authorize an individual to act as a TNC
  389  driver on its digital network if the background check conducted
  390  when the individual first seeks access to the digital network or
  391  any subsequent background check required under paragraph (b)
  392  reveals that the individual:
  393         1. Has been convicted, within the past 5 years, of:
  394         a. A felony;
  395         b. A misdemeanor for driving under the influence of drugs
  396  or alcohol, for reckless driving, for hit and run, or for
  397  fleeing or attempting to elude a law enforcement officer; or
  398         c. A misdemeanor for a violent offense or sexual battery,
  399  or a crime of lewdness or indecent exposure under chapter 800;
  400         2. Has been convicted, within the past 3 years, of driving
  401  with a suspended or revoked license;
  402         3. Is a match in the National Sex Offender Public Website
  403  maintained by the United States Department of Justice;
  404         4. Does not possess a valid driver license; or
  405         5. Does not possess proof of registration for the motor
  406  vehicle used to provide prearranged rides.
  407         (e) No more often than once every 2 years, the Department
  408  of Financial Services shall direct a TNC to submit to the
  409  department an agreed-upon procedures report prepared by an
  410  independent certified public accountant for the sole purpose of
  411  verifying that the TNC is in compliance with this subsection.
  412  The report must be prepared in accordance with applicable
  413  attestation standards established by the American Institute of
  414  Certified Public Accountants. The TNC shall bear all costs
  415  associated with the preparation and submission of the report.
  416         (f) Upon receipt of the report pursuant to paragraph (e),
  417  the Department of Financial Services may impose a fine of up to
  418  $250 for each violation of this subsection identified in the
  419  report and $500 for each repeat violation. The department may
  420  also direct a TNC to address any noncompliance with this
  421  subsection identified in the report within a timeframe
  422  prescribed by the department. The department may, pursuant to
  423  the Florida Rules of Civil Procedure, seek injunctive relief
  424  against a TNC that fails to comply with the department’s
  425  direction under this paragraph and that poses an imminent threat
  426  to public safety as a result of such noncompliance. For purposes
  427  of this subsection, a repeat violation occurs when two
  428  consecutive reports prepared for a TNC reveal noncompliance with
  429  the same requirement.
  430         (g) Unless otherwise explicitly provided, this subsection
  431  does not extinguish any claim otherwise available under common
  432  law or any other statute.
  433         (12) PROHIBITED CONDUCT.—
  434         (a) A TNC driver may not accept a ride for compensation
  435  other than by a rider arranged through a digital network.
  436         (b) A TNC driver may not solicit or accept street hails.
  437         (13) NONDISCRIMINATION; ACCESSIBILITY.—
  438         (a) A TNC shall adopt a policy of nondiscrimination with
  439  respect to riders and potential riders and shall notify TNC
  440  drivers of such policy.
  441         (b) A TNC driver shall comply with the TNC’s
  442  nondiscrimination policy.
  443         (c) A TNC driver shall comply with all applicable laws
  444  regarding nondiscrimination against riders and potential riders.
  445         (d) A TNC driver shall comply with all applicable laws
  446  relating to accommodation of service animals.
  447         (e) A TNC may not impose additional charges for providing
  448  services to a person who has a physical disability because of
  449  the person’s disability.
  450         (f) A TNC that contracts with a governmental entity to
  451  provide paratransit services must comply with all applicable
  452  state and federal laws related to individuals with disabilities.
  453         (g) A TNC shall reevaluate any decision to remove a TNC
  454  driver’s authorization to access its digital network due to a
  455  low quality rating by riders if the TNC driver alleges that the
  456  low quality rating was because of a characteristic identified in
  457  the company’s nondiscrimination policy and there is a plausible
  458  basis for such allegation.
  459         (14) RECORDS.—A TNC shall maintain the following records:
  460         (a) Individual ride records for at least 1 year after the
  461  date on which each ride is provided; and
  462         (b) Individual records of TNC drivers for at least 1 year
  463  after the date on which the TNC driver’s relationship with the
  464  TNC ends.
  465         (15) PREEMPTION.—
  466         (a) It is the intent of the Legislature to provide for
  467  uniformity of laws governing TNCs, TNC drivers, and TNC vehicles
  468  throughout the state. TNCs, TNC drivers, and TNC vehicles are
  469  governed exclusively by state law, including in any locality or
  470  other jurisdiction that enacted a law or created rules governing
  471  TNCs, TNC drivers, or TNC vehicles before July 1, 2017. A
  472  county, municipality, special district, airport authority, port
  473  authority, or other local governmental entity or subdivision may
  474  not:
  475         1. Impose a tax on, or require a license for, a TNC, a TNC
  476  driver, or a TNC vehicle if such tax or license relates to
  477  providing prearranged rides;
  478         2. Subject a TNC, a TNC driver, or a TNC vehicle to any
  479  rate, entry, operation, or other requirement of the county,
  480  municipality, special district, airport authority, port
  481  authority, or other local governmental entity or subdivision; or
  482         3. Require a TNC or a TNC driver to obtain a business
  483  license or any other type of similar authorization to operate
  484  within the local governmental entity’s jurisdiction.
  485         (b) This subsection does not prohibit an airport or seaport
  486  from charging reasonable pickup fees consistent with any pickup
  487  fees charged to taxicab companies at that airport or seaport for
  488  their use of the airport’s or seaport’s facilities or prohibit
  489  the airport or seaport from designating locations for staging,
  490  pickup, and other similar operations at the airport or seaport.
  491         Section 2. This act shall take effect July 1, 2017.