Florida Senate - 2021                              CS for SB 566
       
       
        
       By the Committee on Banking and Insurance; and Senator Perry
       
       
       
       
       
       597-03307-21                                           2021566c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle rentals; amending s.
    3         212.05, F.S.; specifying the applicable sales tax rate
    4         on motor vehicle leases and rentals by motor vehicle
    5         rental companies and peer-to-peer car-sharing
    6         programs; amending s. 212.0606, F.S.; defining terms;
    7         specifying the applicable surcharge on motor vehicle
    8         leases and rentals by motor vehicle rental companies
    9         and peer-to-peer car-sharing programs; specifying
   10         applicability of the surcharge; requiring motor
   11         vehicle rental companies and peer-to-peer car-sharing
   12         programs to collect specified surcharges; creating s.
   13         627.7483, F.S.; defining terms; specifying motor
   14         vehicle insurance requirements for peer-to-peer car
   15         sharing programs; providing that peer-to-peer car
   16         sharing programs have an insurable interest in shared
   17         vehicles during specified periods; providing
   18         construction; authorizing peer-to-peer car-sharing
   19         programs to own and maintain certain motor vehicle
   20         insurance policies; requiring peer-to-peer car-sharing
   21         programs to assume certain liability; providing
   22         exceptions; providing for the assumption of primary
   23         liability for claims when certain disputes exist;
   24         requiring shared vehicle owners’ insurers to indemnify
   25         peer-to-peer car-sharing programs under certain
   26         circumstances; providing exemptions from vicarious
   27         liabilities for peer-to-peer car-sharing programs and
   28         shared vehicle owners; authorizing motor vehicle
   29         insurers to exclude specified coverages under certain
   30         circumstances; providing construction related to
   31         exclusions; authorizing specified insurers to seek
   32         recovery against motor vehicle insurers of peer-to
   33         peer car-sharing programs under certain circumstances;
   34         requiring peer-to-peer car-sharing programs to provide
   35         certain information to shared vehicle owners regarding
   36         liens; specifying recordkeeping, record retention, and
   37         record-sharing requirements for peer-to-peer car
   38         sharing programs; specifying disclosure requirements
   39         for peer-to-peer car-sharing program agreements;
   40         specifying driver license verification and data
   41         retention requirements for peer-to-peer car-sharing
   42         programs; providing that peer-to-peer car-sharing
   43         programs have sole responsibility for certain
   44         equipment in or on a shared vehicle; providing for
   45         indemnification regarding such equipment; specifying
   46         requirements for peer-to-peer car-sharing programs
   47         relating to safety recalls on a shared vehicle;
   48         providing construction; providing an effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Paragraph (c) of subsection (1) of section
   53  212.05, Florida Statutes, is amended to read:
   54         212.05 Sales, storage, use tax.—It is hereby declared to be
   55  the legislative intent that every person is exercising a taxable
   56  privilege who engages in the business of selling tangible
   57  personal property at retail in this state, including the
   58  business of making mail order sales, or who rents or furnishes
   59  any of the things or services taxable under this chapter, or who
   60  stores for use or consumption in this state any item or article
   61  of tangible personal property as defined herein and who leases
   62  or rents such property within the state.
   63         (1) For the exercise of such privilege, a tax is levied on
   64  each taxable transaction or incident, which tax is due and
   65  payable as follows:
   66         (c) At the rate of 6 percent of the gross proceeds derived
   67  from the lease or rental of tangible personal property, as
   68  defined herein; however, the following special provisions apply
   69  to the lease or rental of motor vehicles and to peer-to-peer
   70  car-sharing programs:
   71         1. When a motor vehicle is leased or rented by a motor
   72  vehicle rental company or through a peer-to-peer car-sharing
   73  program as those terms are defined in s. 212.0606(1) for a
   74  period of less than 12 months:
   75         a. If the motor vehicle is rented in Florida, the entire
   76  amount of such rental is taxable, even if the vehicle is dropped
   77  off in another state.
   78         b. If the motor vehicle is rented in another state and
   79  dropped off in Florida, the rental is exempt from Florida tax.
   80         2. Except as provided in subparagraph 3., for the lease or
   81  rental of a motor vehicle for a period of not less than 12
   82  months, sales tax is due on the lease or rental payments if the
   83  vehicle is registered in this state; provided, however, that no
   84  tax shall be due if the taxpayer documents use of the motor
   85  vehicle outside this state and tax is being paid on the lease or
   86  rental payments in another state.
   87         3. The tax imposed by this chapter does not apply to the
   88  lease or rental of a commercial motor vehicle as defined in s.
   89  316.003(13)(a) to one lessee or rentee for a period of not less
   90  than 12 months when tax was paid on the purchase price of such
   91  vehicle by the lessor. To the extent tax was paid with respect
   92  to the purchase of such vehicle in another state, territory of
   93  the United States, or the District of Columbia, the Florida tax
   94  payable shall be reduced in accordance with the provisions of s.
   95  212.06(7). This subparagraph shall only be available when the
   96  lease or rental of such property is an established business or
   97  part of an established business or the same is incidental or
   98  germane to such business.
   99         Section 2. Section 212.0606, Florida Statutes, is amended
  100  to read:
  101         212.0606 Rental car surcharge.—
  102         (1) As used in this section, the term:
  103         (a)“Car-sharing service” means a membership-based
  104  organization or business, or division thereof, which requires
  105  the payment of an application fee or a membership fee and
  106  provides member access to motor vehicles:
  107         1.Only at locations that are not staffed by car-sharing
  108  service personnel employed solely for the purpose of interacting
  109  with car-sharing service members;
  110         2.Twenty-four hours per day, 7 days per week;
  111         3.Only through automated means, including, but not limited
  112  to, a smartphone application or an electronic membership card;
  113         4.On an hourly basis or for a shorter increment of time;
  114         5.Without a separate fee for refueling the motor vehicle;
  115         6.Without a separate fee for minimum financial
  116  responsibility liability insurance; and
  117         7.Owned or controlled by the car-sharing service or its
  118  affiliates.
  119         (b)“Motor vehicle rental company” means an entity that is
  120  in the business of providing, for financial consideration, motor
  121  vehicles to the public under a rental agreement.
  122         (c)“Peer-to-peer car-sharing program” has the same meaning
  123  as in s. 627.7483(1).
  124         (2) Except as provided in subsections (3), (4), and (5)
  125  subsection (2), a surcharge of $2 per day or any part of a day
  126  is imposed upon the lease or rental by a motor vehicle rental
  127  company of a motor vehicle that is licensed for hire and
  128  designed to carry fewer than nine passengers, regardless of
  129  whether the motor vehicle is licensed in this state, for
  130  financial consideration and without transfer of the title of the
  131  motor vehicle. The surcharge is imposed regardless of whether
  132  the lease or rental occurs in person or through digital means.
  133  The surcharge applies to only the first 30 days of the term of a
  134  lease or rental and must be collected by the motor vehicle
  135  rental company. The surcharge is subject to all applicable taxes
  136  imposed by this chapter.
  137         (3)A surcharge of $1 per day or any part of a day is
  138  imposed upon each peer-to-peer car-sharing program agreement
  139  involving a shared vehicle that is registered in this state and
  140  designed to carry fewer than nine passengers for financial
  141  consideration and without transfer of the title of the shared
  142  vehicle. If the duration of the car-sharing period for a peer
  143  to-peer car-sharing program agreement subject to the surcharge
  144  established pursuant to this section is less than 24 hours, the
  145  applicable surcharge will be $1 per usage. The surcharge applies
  146  to the first 30 days only of a car-sharing period for any peer
  147  to-peer car-sharing program agreement to which the surcharge
  148  applies and must be collected by the peer-to-peer car-sharing
  149  program. The surcharge is subject to all applicable taxes
  150  imposed by this chapter.
  151         (4)A surcharge of $1 per usage is imposed upon the lease
  152  or rental for less than 24 hours by a motor vehicle rental
  153  company of a motor vehicle that is licensed for hire and
  154  designed to carry fewer than nine passengers, regardless of
  155  whether the motor vehicle is licensed in this state, for
  156  financial consideration and without transfer of the title of the
  157  motor vehicle. The surcharge is imposed regardless of whether
  158  the lease or rental occurs in person or through digital means.
  159  The surcharge is subject to all applicable taxes imposed by this
  160  chapter.
  161         (5)(2) A member of a car-sharing service who uses a motor
  162  vehicle as described in subsection (2) (1) for less than 24
  163  hours pursuant to an agreement with the car-sharing service
  164  shall pay a surcharge of $1 per usage. A member of a car-sharing
  165  service who uses the same motor vehicle for 24 hours or more
  166  shall pay a surcharge of $2 per day or any part of a day as
  167  provided in subsection (2) (1). The car-sharing service shall
  168  collect the surcharge For purposes of this subsection, the term
  169  “car-sharing service” means a membership-based organization or
  170  business, or division thereof, which requires the payment of an
  171  application or membership fee and provides member access to
  172  motor vehicles:
  173         (a)Only at locations that are not staffed by car-sharing
  174  service personnel employed solely for the purpose of interacting
  175  with car-sharing service members;
  176         (b)Twenty-four hours per day, 7 days per week;
  177         (c)Only through automated means, including, but not
  178  limited to, smartphone applications or electronic membership
  179  cards;
  180         (d)On an hourly basis or for a shorter increment of time;
  181         (e)Without a separate fee for refueling the motor vehicle;
  182         (f)Without a separate fee for minimum financial
  183  responsibility liability insurance; and
  184         (g)Owned or controlled by the car-sharing service or its
  185  affiliates.
  186  
  187  The surcharge imposed under this subsection does not apply to
  188  the lease, rental, or use of a motor vehicle from a location
  189  owned, operated, or leased by or for the benefit of an airport
  190  or airport authority.
  191         (6)(a)(3)(a) Notwithstanding s. 212.20, and less the costs
  192  of administration, 80 percent of the proceeds of this surcharge
  193  shall be deposited in the State Transportation Trust Fund, 15.75
  194  percent of the proceeds of this surcharge shall be deposited in
  195  the Tourism Promotional Trust Fund created in s. 288.122, and
  196  4.25 percent of the proceeds of this surcharge shall be
  197  deposited in the Florida International Trade and Promotion Trust
  198  Fund. For the purposes of this subsection, the term “proceeds of
  199  this surchargeof the surcharge means all funds collected and
  200  received by the department under this section, including
  201  interest and penalties on delinquent surcharges. The department
  202  shall provide the Department of Transportation rental car
  203  surcharge revenue information for the previous state fiscal year
  204  by September 1 of each year.
  205         (b) Notwithstanding any other provision of law, the
  206  proceeds deposited in the State Transportation Trust Fund shall
  207  be allocated on an annual basis in the Department of
  208  Transportation’s work program to each department district,
  209  except the Turnpike District. The amount allocated to each
  210  district shall be based on the amount of proceeds attributed to
  211  the counties within each respective district.
  212         (7)(a)(4) Except as provided in this section, the
  213  department shall administer, collect, and enforce the surcharges
  214  surcharge as provided in this chapter.
  215         (b)(a) The department shall require a dealer or peer-to
  216  peer car-sharing program dealers to report surcharge collections
  217  according to the county to which the surcharge was attributed.
  218  For purposes of this section, the surcharge shall be attributed
  219  to the county in which where the rental agreement was entered
  220  into, except that, for peer-to-peer car-sharing, the surcharge
  221  shall be attributable to the county corresponding to the
  222  location of the motor vehicle at the car-sharing start time.
  223         (c)(b)A dealer or peer-to-peer car-sharing program that
  224  collects a Dealers who collect the rental car surcharge pursuant
  225  to this section shall report to the department all surcharge
  226  revenues attributed to the county where the rental agreement was
  227  entered into on a timely filed return for each required
  228  reporting period; except that, in the case of peer-to-peer car
  229  sharing, the peer-to-peer car-sharing program shall report the
  230  applicable surcharge revenue attributed to the county
  231  corresponding to the location of the motor vehicle at the car
  232  sharing start time. The provisions of this chapter which apply
  233  to interest and penalties on delinquent taxes apply to the
  234  surcharge. The surcharge shall not be included in the
  235  calculation of estimated taxes pursuant to s. 212.11. The
  236  dealer’s credit provided in s. 212.12 does not apply to any
  237  amount collected under this section.
  238         (8)(5) The surcharge imposed by this section does not apply
  239  to a motor vehicle or a shared vehicle provided at no charge to
  240  a person whose motor vehicle is being repaired, adjusted, or
  241  serviced by the entity providing the replacement motor vehicle.
  242         Section 3. Section 627.7483, Florida Statutes, is created
  243  to read:
  244         627.7483Peer-to-peer car sharing; insurance requirements.—
  245         (1)DEFINITIONS.—As used in this section, the term:
  246         (a)“Car-sharing delivery period” means the period of time
  247  during which a shared vehicle is being delivered to the location
  248  of the car-sharing start time, if applicable, as documented by
  249  the governing peer-to-peer car-sharing program agreement.
  250         (b)“Car-sharing period” means the period of time that
  251  commences either at the car-sharing delivery period or, if there
  252  is no car-sharing delivery period, at the car-sharing start time
  253  and that ends at the car-sharing termination time.
  254         (c)“Car-sharing start time” means the time when the shared
  255  vehicle is under the control of the shared vehicle driver, which
  256  time occurs at or after the time the reservation of the shared
  257  vehicle is scheduled to begin, as documented in the records of a
  258  peer-to-peer car-sharing program.
  259         (d)“Car-sharing termination time” means the earliest of
  260  the following events:
  261         1.The expiration of the agreed-upon period of time
  262  established for the use of a shared vehicle according to the
  263  terms of the peer-to-peer car-sharing program agreement if the
  264  shared vehicle is delivered to the location agreed upon in the
  265  peer-to-peer car-sharing program agreement;
  266         2.The time the shared vehicle is returned to a location as
  267  alternatively agreed upon by the shared vehicle owner and shared
  268  vehicle driver, as communicated through a peer-to-peer car
  269  sharing program, which alternatively agreed-upon location must
  270  be incorporated into the peer-to-peer car-sharing program
  271  agreement; or
  272         3.The time the shared vehicle owner takes possession and
  273  control of the shared vehicle.
  274         (e)“Peer-to-peer car sharing” or “car sharing” means the
  275  authorized use of a motor vehicle by an individual other than
  276  the vehicle’s owner through a peer-to-peer car-sharing program.
  277  For the purposes of this section, the term does not include the
  278  renting of a motor vehicle through a rental car company, the use
  279  of a for-hire vehicle as defined in s. 320.01(15), ridesharing
  280  as defined in s. 341.031(9), a carpool as defined in s.
  281  450.28(3), or the use of a motor vehicle under an agreement for
  282  a car-sharing service as defined in s. 212.0606(1).
  283         (f)“Peer-to-peer car-sharing program” means a business
  284  platform that enables peer-to-peer car sharing by connecting
  285  motor vehicle owners with drivers for financial consideration.
  286  For the purposes of this section, the term does not include a
  287  rental car company, a car-sharing service as defined in s.
  288  212.0606(1), a taxicab association, the owner of a for-hire
  289  vehicle as defined in s. 320.01(15), or a service provider that
  290  is solely providing hardware or software as a service to a
  291  person or an entity that is not effectuating payment of
  292  financial consideration for use of a shared vehicle.
  293         (g)“Peer-to-peer car-sharing program agreement” means the
  294  terms and conditions established by the peer-to-peer car-sharing
  295  program which are applicable to a shared vehicle owner and a
  296  shared vehicle driver and which govern the use of a shared
  297  vehicle through a peer-to-peer car-sharing program. For the
  298  purposes of this section, the term does not include a rental
  299  agreement or an agreement for a for-hire vehicle as defined in
  300  s. 320.01(15) or for a car-sharing service as defined in s.
  301  212.0606(1).
  302         (h)“Shared vehicle” means a motor vehicle that is
  303  available for sharing through a peer-to-peer car-sharing
  304  program. For the purposes of this section, the term does not
  305  include a rental car, a for-hire vehicle as defined in s.
  306  320.01(15), or a motor vehicle used for ridesharing as defined
  307  in s. 341.031(9), for a carpool as defined in s. 450.28(3), or
  308  for a car-sharing service as defined in s. 212.0606(1).
  309         (i)“Shared vehicle driver” means an individual who has
  310  been authorized by the shared vehicle owner to drive the shared
  311  vehicle under the peer-to-peer car-sharing program agreement.
  312         (j)“Shared vehicle owner” means the registered owner, or a
  313  natural person or an entity designated by the registered owner,
  314  of a motor vehicle made available for sharing to shared vehicle
  315  drivers through a peer-to-peer car-sharing program. For the
  316  purposes of this section, the term does not include an owner of
  317  a for-hire vehicle as defined in s. 320.01(15).
  318         (2)INSURANCE COVERAGE REQUIREMENTS.—
  319         (a)1.A peer-to-peer car-sharing program shall ensure that,
  320  during each car-sharing period, the shared vehicle owner and the
  321  shared vehicle driver are insured under a motor vehicle
  322  insurance policy that provides all of the following:
  323         a.Property damage liability coverage that meets the
  324  minimum coverage amounts required under s. 324.022.
  325         b.Bodily injury liability coverage limits as described in
  326  s. 324.021(7)(a) and (b).
  327         c.Personal injury protection benefits that meet the
  328  minimum coverage amounts required under s. 627.736.
  329         d.Uninsured and underinsured vehicle coverage as required
  330  under s. 627.727.
  331         2.The peer-to-peer car-sharing program shall also ensure
  332  that the motor vehicle insurance policy under subparagraph 1.:
  333         a.Recognizes that the shared vehicle insured under the
  334  policy is made available and used through a peer-to-peer car
  335  sharing program; or
  336         b.Does not exclude the use of a shared vehicle by a shared
  337  vehicle driver.
  338         (b)1.The insurance described under paragraph (a) may be
  339  satisfied by a motor vehicle insurance policy maintained by:
  340         a.A shared vehicle owner;
  341         b.A shared vehicle driver;
  342         c.A peer-to-peer car-sharing program; or
  343         d.A combination of a shared vehicle owner, a shared
  344  vehicle driver, and a peer-to-peer car-sharing program.
  345         2.The insurance policy maintained in subparagraph 1. which
  346  satisfies the insurance requirements under paragraph (a) is
  347  primary during each car-sharing period. If a claim occurs during
  348  the car-sharing period in another state with minimum financial
  349  responsibility limits higher than those limits required under
  350  chapter 324, the coverage maintained under paragraph (a)
  351  satisfies the difference in minimum coverage amounts up to the
  352  applicable policy limits.
  353         3.a.If the insurance maintained by a shared vehicle owner
  354  or shared vehicle driver in accordance with subparagraph 1. has
  355  lapsed or does not provide the coverage required under paragraph
  356  (a), the insurance maintained by the peer-to-peer car-sharing
  357  program must provide the coverage required under paragraph (a),
  358  beginning with the first dollar of a claim, and must defend such
  359  claim, except under circumstances as set forth in subparagraph
  360  (3)(a)2.
  361         b.Coverage under a motor vehicle insurance policy
  362  maintained by the peer-to-peer car-sharing program must not be
  363  dependent on another motor vehicle insurer first denying a
  364  claim, and another motor vehicle insurance policy is not
  365  required to first deny a claim.
  366         c.Notwithstanding any other law, statute, rule, or
  367  regulation to the contrary, a peer-to-peer car-sharing program
  368  has an insurable interest in a shared vehicle during the car
  369  sharing period. This sub-subparagraph does not create liability
  370  for a peer-to-peer car-sharing program for maintaining the
  371  coverage required under paragraph (a) and under this paragraph,
  372  if applicable.
  373         d.A peer-to-peer car-sharing program may own and maintain
  374  as the named insured one or more policies of motor vehicle
  375  insurance which provide coverage for:
  376         (I)Liabilities assumed by the peer-to-peer car-sharing
  377  program under a peer–to–peer car-sharing program agreement;
  378         (II) Liability of the shared vehicle owner;
  379         (III) Liability of the shared vehicle driver;
  380         (IV) Damage or loss to the shared motor vehicle; or
  381         (V) Damage, loss, or injury to persons or property to
  382  satisfy the personal injury protection and uninsured and
  383  underinsured motorist coverage requirements of this section.
  384         e.Insurance required under paragraph (a), when maintained
  385  by a peer-to-peer car-sharing program, may be provided by an
  386  insurer authorized to do business in this state which is a
  387  member of the Florida Insurance Guaranty Association or an
  388  eligible surplus lines insurer that has a superior, excellent,
  389  exceptional, or equivalent financial strength rating by a rating
  390  agency acceptable to the office. A peer-to-peer car-sharing
  391  program is not transacting in insurance when it maintains the
  392  insurance required under this section.
  393         (3) LIABILITIES AND INSURANCE EXCLUSIONS.—
  394         (a) Liability.
  395         1. A peer-to-peer car-sharing program shall assume
  396  liability, except as provided in subparagraph 2., of a shared
  397  vehicle owner for bodily injury or property damage to third
  398  parties or uninsured and underinsured motorist or personal
  399  injury protection losses during the car-sharing period in an
  400  amount stated in the peer-to-peer car-sharing program agreement,
  401  which amount may not be less than those set forth in ss.
  402  324.021(7)(a) and (b), 324.022, 627.727, and 627.736,
  403  respectively.
  404         2. The assumption of liability under subparagraph 1. does
  405  not apply if a shared vehicle owner:
  406         a. Makes an intentional or fraudulent material
  407  misrepresentation or omission to the peer-to-peer car-sharing
  408  program before the car-sharing period in which the loss occurs;
  409  or
  410         b. Acts in concert with a shared vehicle driver who fails
  411  to return the shared vehicle pursuant to the terms of the peer
  412  to-peer car-sharing program agreement.
  413         3. The insurer, insurers, or peer-to-peer car-sharing
  414  program providing coverage under paragraph (2)(a) shall assume
  415  primary liability for a claim when:
  416         a.A dispute exists over who was in control of the shared
  417  motor vehicle at the time of the loss, and the peer-to-peer car
  418  sharing program does not have available, did not retain, or
  419  fails to provide the information required under subsection (5);
  420  or
  421         b.A dispute exists over whether the shared vehicle was
  422  returned to the alternatively agreed-upon location as required
  423  under subparagraph (1)(d)2.
  424         (b) Vicarious liability.—A peer-to-peer car-sharing program
  425  and a shared vehicle owner are exempt from vicarious liability
  426  consistent with 49 U.S.C. s. 30106 (2005) under any state or
  427  local law that imposes liability solely based on vehicle
  428  ownership.
  429         (c) Exclusions in motor vehicle insurance policies.—An
  430  authorized insurer that writes motor vehicle liability insurance
  431  in this state may exclude any coverage and the duty to defend or
  432  indemnify for any claim under a shared vehicle owner’s motor
  433  vehicle insurance policy, including, but not limited to:
  434         1. Liability coverage for bodily injury and property
  435  damage;
  436         2. Personal injury protection coverage;
  437         3. Uninsured and underinsured motorist coverage;
  438         4. Medical payments coverage;
  439         5. Comprehensive physical damage coverage; and
  440         6. Collision physical damage coverage.
  441  
  442  This paragraph does not invalidate or limit any exclusion
  443  contained in a motor vehicle insurance policy, including any
  444  insurance policy in use or approved for use which excludes
  445  coverage for motor vehicles made available for rent, sharing, or
  446  hire or for any business use. This paragraph does not
  447  invalidate, limit, or restrict an insurer’s ability under
  448  existing law to underwrite, cancel, or nonrenew any insurance
  449  policy.
  450         (d) Contribution against indemnification.—A shared vehicle
  451  owner’s motor vehicle insurer that defends or indemnifies a
  452  claim against a shared vehicle which is excluded under the terms
  453  of its policy has the right to seek recovery against the motor
  454  vehicle insurer of the peer-to-peer car-sharing program if the
  455  claim is:
  456         1. Made against the shared vehicle owner or the shared
  457  vehicle driver for loss or injury that occurs during the car
  458  sharing period; and
  459         2. Excluded under the terms of its policy.
  460         (4) NOTIFICATION OF IMPLICATIONS OF LIEN.—At the time a
  461  motor vehicle owner registers as a shared vehicle owner on a
  462  peer-to-peer car-sharing program and before the shared vehicle
  463  owner may make a shared vehicle available for car sharing on the
  464  peer-to-peer car-sharing program, the peer-to-peer car-sharing
  465  program must notify the shared vehicle owner that, if the shared
  466  vehicle has a lien against it, the use of the shared vehicle
  467  through a peer-to-peer car-sharing program, including the use
  468  without physical damage coverage, may violate the terms of the
  469  contract with the lienholder.
  470         (5) RECORDKEEPING.—A peer-to-peer car-sharing program
  471  shall:
  472         (a) Collect and verify records pertaining to the use of a
  473  shared vehicle, including, but not limited to, the times used,
  474  car-sharing period pick up and drop off locations, and revenues
  475  received by the shared vehicle owner;
  476         (b) Retain the records in paragraph (a) for a time period
  477  not less than the applicable personal injury statute of
  478  limitations; and
  479         (c) Provide the information contained in the records in
  480  paragraph (a) upon request to the shared vehicle owner, the
  481  shared vehicle owner’s insurer, or the shared vehicle driver’s
  482  insurer to facilitate a claim coverage investigation,
  483  settlement, negotiation, or litigation.
  484         (6) CONSUMER PROTECTIONS.—
  485         (a) Disclosures.—Each peer-to-peer car-sharing program
  486  agreement made in this state must disclose to the shared vehicle
  487  owner and the shared vehicle driver:
  488         1. Any right of the peer-to-peer car-sharing program to
  489  seek indemnification from the shared vehicle owner or the shared
  490  vehicle driver for economic loss resulting from a breach of the
  491  terms and conditions of the peer-to-peer car-sharing program
  492  agreement.
  493         2. That a motor vehicle insurance policy issued to the
  494  shared vehicle owner for the shared vehicle or to the shared
  495  vehicle driver does not provide a defense or indemnification for
  496  any claim asserted by the peer-to-peer car-sharing program.
  497         3. That the peer-to-peer car-sharing program’s insurance
  498  coverage on the shared vehicle owner and the shared vehicle
  499  driver is in effect only during each car-sharing period and
  500  that, for any use of the shared vehicle by the shared vehicle
  501  driver after the car-sharing termination time, the shared
  502  vehicle driver and the shared vehicle owner may not have
  503  insurance coverage.
  504         4. The daily rate and, if applicable, any insurance or
  505  protection package costs that are charged to the shared vehicle
  506  owner or the shared vehicle driver.
  507         5. That the shared vehicle owner’s motor vehicle liability
  508  insurance may exclude coverage for a shared vehicle.
  509         6. An emergency telephone number of the personnel capable
  510  of fielding calls for roadside assistance and other customer
  511  service inquiries.
  512         7. Any conditions under which a shared vehicle driver must
  513  maintain a personal motor vehicle insurance policy with certain
  514  applicable coverage limits on a primary basis in order to book a
  515  shared vehicle.
  516         (b) Driver license verification and data retention.—
  517         1. A peer-to-peer car-sharing program may not enter into a
  518  peer-to-peer car-sharing program agreement with a driver unless
  519  the driver:
  520         a. Holds a driver license issued under chapter 322 which
  521  authorizes the driver to drive vehicles of the class of the
  522  shared vehicle;
  523         b. Is a nonresident who:
  524         (I) Holds a driver license issued by the state or country
  525  of the driver’s residence which authorizes the driver in that
  526  state or country to drive vehicles of the class of the shared
  527  vehicle; and
  528         (II) Is at least the same age as that required of a
  529  resident to drive; or
  530         c. Is otherwise specifically authorized by the Department
  531  of Highway Safety and Motor Vehicles to drive vehicles of the
  532  class of the shared vehicle.
  533         2. A peer-to-peer car-sharing program shall keep a record
  534  of:
  535         a. The name and address of the shared vehicle driver;
  536         b. The driver license number of the shared vehicle driver
  537  and each other person, if any, who will operate the shared
  538  vehicle; and
  539         c. The place of issuance of the driver license.
  540         (c) Responsibility for equipment.—A peer-to-peer car
  541  sharing program has sole responsibility for any equipment that
  542  is put in or on the shared vehicle to monitor or facilitate the
  543  peer-to-peer car-sharing transaction, including a GPS system.
  544  The peer-to-peer car-sharing program shall indemnify and hold
  545  harmless the shared vehicle owner for any damage to or theft of
  546  such equipment during the car-sharing period which is not caused
  547  by the shared vehicle owner. The peer-to-peer car-sharing
  548  program may seek indemnity from the shared vehicle driver for
  549  any damage to or loss of such equipment which occurs during the
  550  car-sharing period.
  551         (d) Motor vehicle safety recalls.—At the time a motor
  552  vehicle owner registers as a shared vehicle owner on a peer-to
  553  peer car-sharing program and before the shared vehicle owner may
  554  make a shared vehicle available for car sharing on the peer-to
  555  peer car-sharing program, the peer-to-peer car-sharing program
  556  must:
  557         1. Verify that the shared vehicle does not have any safety
  558  recalls on the vehicle for which the repairs have not been made;
  559  and
  560         2. Notify the shared vehicle owner that if the shared
  561  vehicle owner:
  562         a. Has received an actual notice of a safety recall on the
  563  vehicle, he or she may not make a vehicle available as a shared
  564  vehicle on the peer-to-peer car-sharing program until the safety
  565  recall repair has been made.
  566         b. Receives an actual notice of a safety recall on a shared
  567  vehicle while the shared vehicle is made available on the peer
  568  to-peer car-sharing program, he or she shall remove the shared
  569  vehicle as available on the peer-to-peer car-sharing program as
  570  soon as practicably possible after receiving the notice of the
  571  safety recall and until the safety recall repair has been made.
  572         c. Receives an actual notice of a safety recall while the
  573  shared vehicle is in the possession of a shared vehicle driver,
  574  he or she shall notify the peer-to-peer car-sharing program
  575  about the safety recall as soon as practicably possible after
  576  receiving the notice of the safety recall, so that he or she may
  577  address the safety recall repair.
  578         (7) CONSTRUCTION.—This section does not limit:
  579         (a) The liability of a peer-to-peer car-sharing program for
  580  any act or omission of the peer-to-peer car-sharing program
  581  which results in the bodily injury of a person as a result of
  582  the use of a shared vehicle through peer-to-peer car sharing; or
  583         (b) The ability of a peer-to-peer car-sharing program to
  584  seek, by contract, indemnification from the shared vehicle owner
  585  or the shared vehicle driver for economic loss resulting from a
  586  breach of the terms and conditions of the peer-to-peer car
  587  sharing program agreement.
  588         Section 4. This act shall take effect January 1, 2022.