Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 478
       
       
       
       
       
       
                                Ì380208ÂÎ380208                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/28/2020           .                                
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       The Committee on Innovation, Industry, and Technology (Perry)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 212.0606, Florida Statutes, is amended
    6  to read:
    7         212.0606 Rental car surcharge.—
    8         (1) As used in this section, the term:
    9         (a)“Car-sharing service” means a membership-based
   10  organization or business, or division thereof, which requires
   11  the payment of an application fee or a membership fee and
   12  provides member access to motor vehicles:
   13         1.Only at locations that are not staffed by car-sharing
   14  service personnel employed solely for the purpose of interacting
   15  with car-sharing service members;
   16         2.Twenty-four hours per day, 7 days per week;
   17         3.Only through automated means, including, but not limited
   18  to, a smartphone application or an electronic membership card;
   19         4.On an hourly basis or for a shorter increment of time;
   20         5.Without a separate fee for refueling the motor vehicle;
   21         6.Without a separate fee for minimum financial
   22  responsibility liability insurance; and
   23         7.Owned or controlled by the car-sharing service or its
   24  affiliates.
   25         (b)“Motor vehicle rental company” means an entity that is
   26  in the business of providing motor vehicles to the public under
   27  a rental agreement for financial consideration.
   28         (c)“Peer-to-peer car-sharing program” has the same meaning
   29  as in s. 627.7483(1).
   30         (2) Except as provided in subsection (3) (2), a surcharge
   31  of $2 per day or any part of a day is imposed upon the lease or
   32  rental by a motor vehicle rental company or a peer-to-peer car
   33  sharing program of a motor vehicle that is licensed for hire and
   34  designed to carry fewer than nine passengers, regardless of
   35  whether the motor vehicle is licensed in this state, for
   36  financial consideration without transfer of the title of the
   37  motor vehicle. The surcharge is imposed regardless of whether
   38  the lease or rental occurs in person or through digital means.
   39  The surcharge applies to only the first 30 days of the term of a
   40  lease or rental and must be collected by the motor vehicle
   41  rental company or the peer-to-peer car-sharing program. The
   42  surcharge is subject to all applicable taxes imposed by this
   43  chapter.
   44         (3)(2) A member of a car-sharing service who uses a motor
   45  vehicle as described in subsection (2) (1) for less than 24
   46  hours pursuant to an agreement with the car-sharing service
   47  shall pay a surcharge of $1 per usage. A member of a car-sharing
   48  service who uses the same motor vehicle for 24 hours or more
   49  shall pay a surcharge of $2 per day or any part of a day as
   50  provided in subsection (2) (1). The car-sharing service shall
   51  collect the surcharge For purposes of this subsection, the term
   52  “car-sharing service” means a membership-based organization or
   53  business, or division thereof, which requires the payment of an
   54  application or membership fee and provides member access to
   55  motor vehicles:
   56         (a) Only at locations that are not staffed by car-sharing
   57  service personnel employed solely for the purpose of interacting
   58  with car-sharing service members;
   59         (b) Twenty-four hours per day, 7 days per week;
   60         (c) Only through automated means, including, but not
   61  limited to, smartphone applications or electronic membership
   62  cards;
   63         (d) On an hourly basis or for a shorter increment of time;
   64         (e) Without a separate fee for refueling the motor vehicle;
   65         (f) Without a separate fee for minimum financial
   66  responsibility liability insurance; and
   67         (g) Owned or controlled by the car-sharing service or its
   68  affiliates. The surcharge imposed under this subsection does not
   69  apply to the lease, rental, or use of a motor vehicle from a
   70  location owned, operated, or leased by or for the benefit of an
   71  airport or airport authority.
   72         (4)(3)(a) Notwithstanding s. 212.20, and less the costs of
   73  administration, 80 percent of the proceeds of this surcharge
   74  shall be deposited in the State Transportation Trust Fund, 15.75
   75  percent of the proceeds of this surcharge shall be deposited in
   76  the Tourism Promotional Trust Fund created in s. 288.122, and
   77  4.25 percent of the proceeds of this surcharge shall be
   78  deposited in the Florida International Trade and Promotion Trust
   79  Fund. For the purposes of this subsection, the term “proceeds of
   80  this surchargeof the surcharge means all funds collected and
   81  received by the department under this section, including
   82  interest and penalties on delinquent surcharges. The department
   83  shall provide the Department of Transportation rental car
   84  surcharge revenue information for the previous state fiscal year
   85  by September 1 of each year.
   86         (b) Notwithstanding any other provision of law, the
   87  proceeds deposited in the State Transportation Trust Fund shall
   88  be allocated on an annual basis in the Department of
   89  Transportation’s work program to each department district,
   90  except the Turnpike District. The amount allocated to each
   91  district shall be based on the amount of proceeds attributed to
   92  the counties within each respective district.
   93         (5)(a)(4) Except as provided in this section, the
   94  department shall administer, collect, and enforce the surcharge
   95  as provided in this chapter.
   96         (b)(a) The department shall require a dealer dealers to
   97  report surcharge collections according to the county to which
   98  the surcharge was attributed. For purposes of this section, the
   99  surcharge shall be attributed to the county where the rental
  100  agreement was entered into.
  101         (c)(b)A dealer Dealers who collects collect the rental car
  102  surcharge shall report to the department all surcharge revenues
  103  attributed to the county where the rental agreement was entered
  104  into on a timely filed return for each required reporting
  105  period. The provisions of this chapter which apply to interest
  106  and penalties on delinquent taxes apply to the surcharge. The
  107  surcharge shall not be included in the calculation of estimated
  108  taxes pursuant to s. 212.11. The dealer’s credit provided in s.
  109  212.12 does not apply to any amount collected under this
  110  section.
  111         (6)(5) The surcharge imposed by this section does not apply
  112  to a motor vehicle provided at no charge to a person whose motor
  113  vehicle is being repaired, adjusted, or serviced by the entity
  114  providing the replacement motor vehicle.
  115         Section 2. Section 627.7483, Florida Statutes, is created
  116  to read:
  117         627.7483 Peer-to-peer car sharing.—
  118         (1)DEFINITIONS.As used in this section, the term:
  119         (a)“Peer-to-peer car sharing” means the authorized use of
  120  a motor vehicle by an individual other than the vehicle’s owner
  121  through a peer-to-peer car-sharing program. The term does not
  122  include ridesharing as defined in s. 341.031(9), a carpool as
  123  defined in s. 450.28(3), or the use of a motor vehicle under an
  124  agreement for a car-sharing service as defined in s.
  125  212.0606(1).
  126         (b)“Peer-to-peer car-sharing delivery period” means the
  127  period during which a shared vehicle is delivered to the
  128  location of the peer-to-peer car-sharing start time, if
  129  applicable, as documented by the governing peer-to-peer car
  130  sharing program agreement.
  131         (c)“Peer-to-peer car-sharing period” means the period
  132  beginning either at the peer-to-peer car-sharing delivery
  133  period, or, if there is no peer-to-peer car-sharing delivery
  134  period, at the peer-to-peer car-sharing start time, and ending
  135  at the peer-to-peer car-sharing termination time.
  136         (d)“Peer-to-peer car-sharing program” means a business
  137  platform that enables peer-to-peer car sharing by connecting
  138  motor vehicle owners with drivers for financial consideration.
  139  The term does not include a taxicab association or a
  140  transportation network company as defined in s. 627.748(1).
  141         (e)“Peer-to-peer car-sharing program agreement” means the
  142  terms and conditions established by the peer-to-peer car-sharing
  143  program which are applicable to a shared vehicle owner and a
  144  shared vehicle driver and which govern the use of a shared
  145  vehicle through a peer-to-peer car-sharing program.
  146         (f)“Peer-to-peer car-sharing start time” means the time
  147  when the shared vehicle is under the control of the shared
  148  vehicle driver, which occurs at or after the time the
  149  reservation of the shared vehicle is scheduled to begin, as
  150  documented in the peer-to-peer car-sharing program agreement.
  151         (g)“Peer-to-peer car-sharing termination time” means the
  152  earliest of the following:
  153         1.The expiration of the agreed-upon period established for
  154  the use of a shared vehicle according to the terms of the peer
  155  to-peer car-sharing program agreement, if the shared vehicle is
  156  delivered to the location agreed upon in the peer-to-peer car
  157  sharing program agreement;
  158         2.The time the shared vehicle is returned to a location as
  159  alternatively agreed upon by the shared vehicle owner and shared
  160  vehicle driver, as communicated through a peer-to-peer car
  161  sharing program; or
  162         3.The time the shared vehicle owner takes possession and
  163  control of the shared vehicle.
  164         (h)“Shared vehicle” means a motor vehicle that is
  165  available for sharing through a peer-to-peer car-sharing
  166  program. The term does not include a motor vehicle used for
  167  ridesharing as defined in s. 341.031(9) or a motor vehicle used
  168  for a carpool as defined in s. 450.28(3).
  169         (i)“Shared vehicle driver” means an individual who is
  170  authorized by the shared vehicle owner to drive the shared
  171  vehicle under the peer-to-peer car-sharing program agreement.
  172         (j)“Shared vehicle owner” means the registered owner, or a
  173  person or entity designated by the registered owner, of a motor
  174  vehicle made available for sharing to shared vehicle drivers
  175  through a peer-to-peer car-sharing program.
  176         (2)INSURANCE COVERAGE REQUIREMENTS.
  177         (a)1.A peer-to-peer car-sharing program shall ensure
  178  during each peer-to-peer car-sharing period that the shared
  179  vehicle owner and the shared vehicle driver are insured under a
  180  motor vehicle insurance policy that provides all of the
  181  following:
  182         a.Property damage liability coverage that meets the
  183  minimum coverage amounts required under s. 324.022.
  184         b.Bodily injury liability coverage limits as specified in
  185  s. 324.021(7)(a) and (b).
  186         c.Personal injury protection benefits that meet the
  187  minimum coverage amounts required under s. 627.736.
  188         d.Uninsured and underinsured vehicle coverage as required
  189  under s. 627.727.
  190         2.The peer-to-peer car-sharing program shall also ensure
  191  that the motor vehicle insurance policy under subparagraph 1.:
  192         a.Recognizes that the shared vehicle insured under the
  193  policy is made available and used through a peer-to-peer car
  194  sharing program; and
  195         b.Does not exclude the use of a shared vehicle by a shared
  196  vehicle driver.
  197         (b)1.The insurance requirements under paragraph (a) may be
  198  satisfied by a motor vehicle insurance policy maintained by:
  199         a.A shared vehicle owner;
  200         b.A shared vehicle driver;
  201         c.A peer-to-peer car-sharing program; or
  202         d.A combination of a shared vehicle owner, a shared
  203  vehicle driver, and a peer-to-peer car-sharing program.
  204         2.The insurance policy maintained in subparagraph 1. which
  205  satisfies the insurance requirements under paragraph (a) is
  206  primary during each peer-to-peer car-sharing period.
  207         3.a.If the insurance maintained by a shared vehicle owner
  208  or shared vehicle driver in accordance with subparagraph 1.
  209  lapses or does not provide the coverage required under paragraph
  210  (a), the insurance maintained by the peer-to-peer car-sharing
  211  program must provide the coverage required under paragraph (a)
  212  beginning with the first dollar of a claim and must defend such
  213  claim, except under circumstances as set forth in subparagraph
  214  (3)(a)2.
  215         b.Coverage under a motor vehicle insurance policy
  216  maintained by the peer-to-peer car-sharing program may not be
  217  dependent on another motor vehicle insurer first denying a
  218  claim, and another motor vehicle insurance policy is not
  219  required to first deny a claim.
  220         c.Notwithstanding any other law to the contrary, a peer
  221  to-peer car-sharing program has an insurable interest in a
  222  shared vehicle during the peer-to-peer car-sharing period. This
  223  sub-subparagraph does not create liability for a network for
  224  maintaining the coverage required under paragraph (a) and under
  225  this paragraph, if applicable.
  226         d.A peer-to-peer car-sharing program may own and maintain
  227  as the named insured one or more policies of motor vehicle
  228  insurance which provide coverage for:
  229         (I)Liabilities assumed by the peer-to-peer car-sharing
  230  program under a peer–to–peer car-sharing program agreement;
  231         (II)Liability of the shared vehicle owner;
  232         (III)Liability of the shared vehicle driver;
  233         (IV)Damage or loss to the shared motor vehicle; or
  234         (V)Damage, loss, or injury to persons or property to
  235  satisfy the personal injury protection and uninsured and
  236  underinsured motorist coverage requirements of this section.
  237         e.Insurance required under paragraph (a), when maintained
  238  by a peer-to-peer car-sharing program, may be provided by an
  239  insurer authorized to do business in this state which is a
  240  member of the Florida Insurance Guaranty Association or by an
  241  eligible surplus lines insurer that has a superior, excellent,
  242  exceptional, or equivalent financial strength rating by a rating
  243  agency acceptable to the office. A peer-to-peer car-sharing
  244  program is not transacting in insurance when it maintains the
  245  insurance required under this section.
  246         (3)LIABILITIES AND INSURANCE EXCLUSIONS.
  247         (a)Liability.
  248         1.A peer-to-peer car-sharing program shall assume
  249  liability, except as provided in subparagraph 2., of a shared
  250  vehicle owner for bodily injury or property damage to third
  251  parties or uninsured and underinsured motorist or personal
  252  injury protection losses during the peer-to-peer car-sharing
  253  period in amounts stated in the peer-to-peer car-sharing program
  254  agreement. Such amounts may not be less than those set forth in
  255  ss. 324.021(7)(a) and (b), 324.022, 627.727, and 627.736,
  256  respectively.
  257         2.The assumption of liability under subparagraph 1. does
  258  not apply if a shared vehicle owner:
  259         a.Makes an intentional or fraudulent material
  260  misrepresentation or omission to the peer-to-peer car-sharing
  261  program before the peer-to-peer car-sharing period in which the
  262  loss occurs; or
  263         b.Acts in concert with a shared vehicle driver who fails
  264  to return the shared vehicle pursuant to the terms of the peer
  265  to-peer car-sharing program agreement.
  266         3.A peer-to-peer car-sharing program shall assume primary
  267  liability for a claim when it is providing, in whole or in part,
  268  the insurance required under paragraph (2)(a) and:
  269         a.A dispute exists as to who was in control of the shared
  270  motor vehicle at the time of the loss; and
  271         b.The peer-to-peer car-sharing program does not have
  272  available, did not retain, or fails to provide the information
  273  required under subsection (5).
  274  
  275  The shared vehicle owner’s insurer shall indemnify the peer-to
  276  peer car-sharing program to the extent of the insurer’s
  277  obligation, if any, under the applicable insurance policy if it
  278  is determined that the shared vehicle owner was in control of
  279  the shared motor vehicle at the time of the loss.
  280         (b)Exclusions in motor vehicle insurance policies.An
  281  authorized insurer that writes motor vehicle liability insurance
  282  in this state may exclude any coverage and the duty to defend or
  283  indemnify for any claim afforded under a shared vehicle owner’s
  284  motor vehicle insurance policy, including, but not limited to:
  285         1.Liability coverage for bodily injury and property
  286  damage;
  287         2.Personal injury protection coverage;
  288         3.Uninsured and underinsured motorist coverage;
  289         4.Medical payments coverage;
  290         5.Comprehensive physical damage coverage; and
  291         6.Collision physical damage coverage.
  292  
  293  This paragraph does not invalidate or limit any exclusion
  294  contained in a motor vehicle insurance policy, including any
  295  insurance policy in use or approved for use which excludes
  296  coverage for motor vehicles made available for rent, sharing, or
  297  hire or for any business use.
  298         (c)Contribution against indemnification.A shared vehicle
  299  owner’s motor vehicle insurer that defends or indemnifies a
  300  claim against a shared vehicle which is excluded under the terms
  301  of its policy has the right to seek contribution against the
  302  motor vehicle insurer of the peer-to-peer car-sharing program if
  303  the claim is made against the shared vehicle owner or the shared
  304  vehicle driver for loss or injury that occurs during the peer
  305  to-peer car-sharing period.
  306         (4)NOTIFICATION OF IMPLICATIONS OF LIEN.At the time a
  307  motor vehicle owner registers as a shared vehicle owner on a
  308  peer-to-peer car-sharing program and before the shared vehicle
  309  owner may make a shared vehicle available for peer-to-peer car
  310  sharing on the peer-to-peer car-sharing program, the peer-to
  311  peer car-sharing program must notify the shared vehicle owner
  312  that, if the shared vehicle has a lien against it, the use of
  313  the shared vehicle through a peer-to-peer car-sharing program,
  314  including the use without physical damage coverage, may violate
  315  the terms of the contract with the lienholder.
  316         (5)RECORDKEEPING.A peer-to-peer car-sharing program
  317  shall:
  318         (a)Collect and verify records pertaining to the use of a
  319  shared vehicle, including, but not limited to, the times used,
  320  fees paid by the shared vehicle driver, and revenues received by
  321  the shared vehicle owner.
  322         (b)Retain the records in paragraph (a) for a period of not
  323  less than the applicable personal injury statute of limitations.
  324         (c)Provide the information contained in the records under
  325  paragraph (a) upon request to the shared vehicle owner, the
  326  shared vehicle owner’s insurer, or the shared vehicle driver’s
  327  insurer to facilitate a claim coverage investigation.
  328         (6)CONSUMER PROTECTIONS.
  329         (a)Disclosures.Each peer-to-peer car-sharing program
  330  agreement made in this state must disclose to the shared vehicle
  331  owner and the shared vehicle driver:
  332         1.Any right of the peer-to-peer car-sharing program to
  333  seek indemnification from the shared vehicle owner or the shared
  334  vehicle driver for economic loss resulting from a breach of the
  335  terms and conditions of the peer-to-peer car-sharing program
  336  agreement.
  337         2.That a motor vehicle insurance policy issued to the
  338  shared vehicle owner for the shared vehicle or to the shared
  339  vehicle driver does not provide a defense or indemnification for
  340  any claim asserted by the peer-to-peer car-sharing program.
  341         3.That the peer-to-peer car-sharing program’s insurance
  342  coverage on the shared vehicle owner and the shared vehicle
  343  driver is in effect only during each peer-to-peer car-sharing
  344  period and that, for any use of the shared vehicle by the shared
  345  vehicle driver after the peer-to-peer car-sharing termination
  346  time, the shared vehicle driver and the shared vehicle owner may
  347  not have insurance coverage.
  348         4.The daily rate, fees, and, if applicable, any insurance
  349  or protection package costs that are charged to the shared
  350  vehicle owner or the shared vehicle driver.
  351         5.That the shared vehicle owner’s motor vehicle liability
  352  insurance may exclude coverage for a shared vehicle.
  353         6.An emergency telephone number of the personnel capable
  354  of fielding calls for roadside assistance and other customer
  355  service inquiries.
  356         7.Any conditions under which a shared vehicle driver must
  357  maintain a personal motor vehicle insurance policy with certain
  358  applicable coverage limits on a primary basis in order to book a
  359  shared vehicle.
  360         (b)Driver license verification and data retention.
  361         1.A peer-to-peer car-sharing program may not enter into a
  362  peer-to-peer car-sharing program agreement with a driver unless
  363  the driver:
  364         a.Holds a driver license issued under chapter 322 which
  365  authorizes the driver to drive vehicles of the class of the
  366  shared vehicle;
  367         b.Is a nonresident who:
  368         (I)Holds a driver license issued by the state or country
  369  of the driver’s residence which authorizes the driver in that
  370  state or country to drive vehicles of the class of the shared
  371  vehicle; and
  372         (II)Is at least the same age as that required of a
  373  resident to drive; or
  374         c.Is otherwise specifically authorized by the Department
  375  of Highway Safety and Motor Vehicles to drive vehicles of the
  376  class of the shared vehicle.
  377         2.A peer-to-peer car-sharing program shall keep a record
  378  of:
  379         a.The name and address of the shared vehicle driver;
  380         b.The driver license number of the shared vehicle driver
  381  and of any other person who will operate the shared vehicle; and
  382         c.The place of issuance of the driver license.
  383         (c)Responsibility for equipment.A peer-to-peer car
  384  sharing program has sole responsibility for any equipment that
  385  is put in or on the shared vehicle to monitor or facilitate the
  386  peer-to-peer car-sharing transaction, including a GPS system.
  387  The peer-to-peer car-sharing program shall indemnify and hold
  388  harmless the shared vehicle owner for any damage to or theft of
  389  such equipment during the peer-to-peer car-sharing period which
  390  is not caused by the shared vehicle owner. The peer-to-peer car
  391  sharing program may seek indemnity from the shared vehicle
  392  driver for any damage to or loss of such equipment which occurs
  393  outside of the peer-to-peer car-sharing period.
  394         (d)Motor vehicle safety recalls.At the time a motor
  395  vehicle owner registers as a shared vehicle owner on a peer-to
  396  peer car-sharing program and before the shared vehicle owner may
  397  make a shared vehicle available for peer-to-peer car sharing on
  398  the peer-to-peer car-sharing program, the peer-to-peer car
  399  sharing program must:
  400         1.Verify that the shared vehicle does not have any safety
  401  recalls on the vehicle for which the repairs have not been made;
  402  and
  403         2.Notify the shared vehicle owner that if the shared
  404  vehicle owner:
  405         a.Has received an actual notice of a safety recall on the
  406  vehicle, he or she may not make a vehicle available as a shared
  407  vehicle on the peer-to-peer car-sharing program until the safety
  408  recall repair has been made.
  409         b.Receives an actual notice of a safety recall on a shared
  410  vehicle while the shared vehicle is made available on the peer
  411  to-peer car-sharing program, he or she must remove the shared
  412  vehicle’s availability on the peer-to-peer car-sharing program
  413  as soon as practicable after receiving the notice of the safety
  414  recall and until the safety recall repair has been made.
  415         c.Receives an actual notice of a safety recall while the
  416  shared vehicle is in the possession of a shared vehicle driver,
  417  he or she must notify the peer-to-peer car-sharing program about
  418  the safety recall as soon as practicably possible after
  419  receiving the notice of the safety recall so that he or she may
  420  address the safety recall repair.
  421         (7)CONSTRUCTION.—This section does not limit:
  422         (a)The liability of a peer-to-peer car-sharing program for
  423  any act or omission of the peer-to-peer car-sharing program
  424  which results in the bodily injury to a person as a result of
  425  the use of a shared vehicle through peer-to-peer car sharing; or
  426         (b)The ability of a peer-to-peer car-sharing program to
  427  seek by contract indemnification from the shared vehicle owner
  428  or the shared vehicle driver for economic loss resulting from a
  429  breach of the terms and conditions of the peer-to-peer car
  430  sharing program agreement.
  431         Section 3. This act shall take effect October 1, 2020.
  432  
  433  ================= T I T L E  A M E N D M E N T ================
  434  And the title is amended as follows:
  435         Delete everything before the enacting clause
  436  and insert:
  437                        A bill to be entitled                      
  438         An act relating to motor vehicle rentals; amending s.
  439         212.0606, F.S.; defining the terms “motor vehicle
  440         rental company” and “peer-to-peer car-sharing
  441         program”; revising the applicability of the rental car
  442         surcharge; imposing the surcharge on certain motor
  443         vehicle leases or rentals by a peer-to-peer car
  444         sharing program; specifying who must collect the
  445         surcharge; making technical changes; creating s.
  446         627.7483, F.S.; defining terms; specifying motor
  447         vehicle insurance requirements for shared vehicles on
  448         a peer-to-peer car-sharing program; providing
  449         construction relating to such insurance; requiring a
  450         peer-to-peer car-sharing program to assume specified
  451         liability of a shared vehicle owner; providing
  452         exceptions; requiring a shared vehicle owner’s insurer
  453         to indemnify the peer-to-peer car-sharing program
  454         under certain circumstances; authorizing a shared
  455         vehicle owner’s motor vehicle insurer to exclude
  456         certain coverages and the duty to defend or indemnify
  457         certain claims; authorizing such insurer to seek
  458         contribution against the peer-to-peer car-sharing
  459         program’s insurer under certain circumstances;
  460         requiring a peer-to-peer car-sharing program to notify
  461         the shared vehicle owner of certain lien information;
  462         specifying recordkeeping and record disclosure
  463         requirements for peer-to-peer car-sharing programs;
  464         specifying disclosure requirements for peer-to-peer
  465         car-sharing program agreements; specifying shared
  466         vehicle driver license requirements; specifying
  467         liability for damage to certain equipment in or on a
  468         shared vehicle; specifying requirements for peer-to
  469         peer car-sharing programs relating to safety recalls
  470         on shared vehicles; providing construction; providing
  471         an effective date.