Florida Senate - 2021                                     SB 708
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00853B-21                                           2021708__
    1                        A bill to be entitled                      
    2         An act relating to peer-to-peer car sharing; creating
    3         s. 627.7483, F.S.; defining terms; specifying motor
    4         vehicle insurance requirements for peer-to-peer car
    5         sharing programs; providing that peer-to-peer car
    6         sharing programs have an insurable interest in shared
    7         vehicles during specified periods; providing
    8         construction; authorizing peer-to-peer car-sharing
    9         programs to own and maintain certain policies of motor
   10         vehicle insurance; requiring peer-to-peer car-sharing
   11         programs to assume certain liability; providing
   12         exceptions; requiring shared vehicle owners’ insurers
   13         to indemnify peer-to-peer car-sharing programs under
   14         certain circumstances; providing exemptions from
   15         vicarious liabilities for peer-to-peer car-sharing
   16         programs and shared vehicle owners; authorizing motor
   17         vehicle insurance policies to exclude specified
   18         coverages under certain circumstances; providing
   19         construction related to exclusions; authorizing
   20         specified insurers to seek contributions against
   21         indemnifications under certain circumstances;
   22         providing requirements for notifications of
   23         implications of liens; providing requirements for
   24         recordkeeping; requiring specified disclosures to
   25         shared vehicle drivers and owners; requiring driver
   26         license verification and data retention under certain
   27         circumstances; providing responsibilities and
   28         indemnifications for specified equipment; providing
   29         requirements for verification and notification
   30         relating to motor vehicle safety recalls; providing
   31         construction; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 627.7483, Florida Statutes, is created
   36  to read:
   37         627.7483Peer-to-peer car sharing; insurance requirements.—
   38         (1)DEFINITIONS.—As used in this section, the term:
   39         (a)“Car-sharing delivery period” means the period of time
   40  during which a shared vehicle is being delivered to the location
   41  of the car-sharing start time, if applicable, as documented by
   42  the governing peer-to-peer car-sharing program agreement.
   43         (b)“Car-sharing period” means the period of time that
   44  commences either at the car-sharing delivery period or, if there
   45  is no car-sharing delivery period, at the car-sharing start time
   46  and that ends at the car-sharing termination time.
   47         (c)“Car-sharing start time” means the time when the shared
   48  vehicle is under the control of the shared vehicle driver, which
   49  time occurs at or after the time the reservation of the shared
   50  vehicle is scheduled to begin, as documented in the records of a
   51  peer-to-peer car-sharing program.
   52         (d)“Car-sharing termination time” means the earliest of
   53  the following events:
   54         1.The expiration of the agreed-upon period of time
   55  established for the use of a shared vehicle according to the
   56  terms of the peer-to-peer car-sharing program agreement if the
   57  shared vehicle is delivered to the location agreed upon in the
   58  peer-to-peer car-sharing program agreement;
   59         2.The time the shared vehicle is returned to a location as
   60  alternatively agreed upon by the shared vehicle owner and shared
   61  vehicle driver, as communicated through a peer-to-peer car
   62  sharing program; or
   63         3.The time the shared vehicle owner takes possession and
   64  control of the shared vehicle.
   65         (e)“Peer-to-peer car sharing” or “car sharing” means the
   66  authorized use of a motor vehicle by an individual other than
   67  the vehicle’s owner through a peer-to-peer car-sharing program.
   68  For the purposes of this section, the term does not include the
   69  renting of a motor vehicle through a rental car company, the use
   70  of a for-hire vehicle as defined in s. 320.01(15), ridesharing
   71  as defined in s. 341.031(9), a carpool as defined in s.
   72  450.28(3), or the use of a motor vehicle under an agreement for
   73  a car-sharing service as defined in s. 212.0606(2).
   74         (f)“Peer-to-peer car-sharing program” means a business
   75  platform that enables peer-to-peer car sharing by connecting
   76  motor vehicle owners with drivers for financial consideration.
   77  For the purposes of this section, the term does not include a
   78  rental car company, a car-sharing service as defined in s.
   79  212.0606(2), a taxicab association, the owner of a for-hire
   80  vehicle as defined in s. 320.01(15), or a service provider who
   81  is solely providing hardware or software as a service to a
   82  person or entity that is not effectuating payment of financial
   83  consideration for use of a shared vehicle.
   84         (g)“Peer-to-peer car-sharing program agreement” means the
   85  terms and conditions established by the peer-to-peer car-sharing
   86  program which are applicable to a shared vehicle owner and a
   87  shared vehicle driver and which govern the use of a shared
   88  vehicle through a peer-to-peer car-sharing program. For the
   89  purposes of this section, the term does not include a rental
   90  agreement or an agreement for a for-hire vehicle as defined in
   91  s. 320.01(15) or for a car-sharing service as defined in s.
   92  212.0606(2).
   93         (h)“Shared vehicle” means a motor vehicle that is
   94  available for sharing through a peer-to-peer car-sharing
   95  program. For the purposes of this section, the term does not
   96  include a rental car, a for-hire vehicle as defined in s.
   97  320.01(15), or a motor vehicle used for ridesharing as defined
   98  in s. 341.031(9), for a carpool as defined in s. 450.28(3), or
   99  for a car-sharing service as defined in s. 212.0606(2).
  100         (i)“Shared vehicle driver” means an individual who has
  101  been authorized by the shared vehicle owner to drive the shared
  102  vehicle under the peer-to-peer car-sharing program agreement.
  103         (j)“Shared vehicle owner” means the registered owner, or a
  104  natural person or entity designated by the registered owner, of
  105  a motor vehicle made available for sharing to shared vehicle
  106  drivers through a peer-to-peer car-sharing program. For the
  107  purposes of this section, the term does not include an owner of
  108  a for-hire vehicle as defined in s. 320.01(15).
  109         (2)INSURANCE COVERAGE REQUIREMENTS.—
  110         (a)1.A peer-to-peer car-sharing program shall ensure that,
  111  during each car-sharing period, the shared vehicle owner and the
  112  shared vehicle driver are insured under a motor vehicle
  113  insurance policy that provides all of the following:
  114         a.Property damage liability coverage that meets the
  115  minimum coverage amounts required under s. 324.022.
  116         b.Bodily injury liability coverage limits as described in
  117  s. 324.021(7)(a) and (b).
  118         c.Personal injury protection benefits that meet the
  119  minimum coverage amounts required under s. 627.736.
  120         d.Uninsured and underinsured vehicle coverage as required
  121  under s. 627.727.
  122         2.The peer-to-peer car-sharing program shall also ensure
  123  that the motor vehicle insurance policy under subparagraph 1.:
  124         a.Recognizes that the shared vehicle insured under the
  125  policy is made available and used through a peer-to-peer car
  126  sharing program; or
  127         b.Does not exclude the use of a shared vehicle by a shared
  128  vehicle driver.
  129         (b)1.The insurance described under paragraph (a) may be
  130  satisfied by a motor vehicle insurance policy maintained by:
  131         a.A shared vehicle owner;
  132         b.A shared vehicle driver;
  133         c.A peer-to-peer car-sharing program; or
  134         d.A combination of a shared vehicle owner, a shared
  135  vehicle driver, and a peer-to-peer car-sharing program.
  136         2.The insurance policy maintained in subparagraph 1. which
  137  satisfies the insurance requirements under paragraph (a) is
  138  primary during each car-sharing period.
  139         3.a.If the insurance maintained by a shared vehicle owner
  140  or shared vehicle driver in accordance with subparagraph 1. has
  141  lapsed or does not provide the coverage required under paragraph
  142  (a), the insurance maintained by the peer-to-peer car-sharing
  143  program must provide the coverage required under paragraph (a),
  144  beginning with the first dollar of a claim, and must defend such
  145  claim, except under circumstances as set forth in subparagraph
  146  (3)(a)2.
  147         b.Coverage under a motor vehicle insurance policy
  148  maintained by the peer-to-peer car-sharing program must not be
  149  dependent on another motor vehicle insurer first denying a
  150  claim, and another motor vehicle insurance policy is not
  151  required to first deny a claim.
  152         c.Notwithstanding any other law, statute, rule, or
  153  regulation to the contrary, a peer-to-peer car-sharing program
  154  has an insurable interest in a shared vehicle during the car
  155  sharing period. This sub-subparagraph does not create liability
  156  for a peer-to-peer car-sharing program for maintaining the
  157  coverage required under paragraph (a) and under this paragraph,
  158  if applicable.
  159         d.A peer-to-peer car-sharing program may own and maintain
  160  as the named insured one or more policies of motor vehicle
  161  insurance which provide coverage for:
  162         (I)Liabilities assumed by the peer-to-peer car-sharing
  163  program under a peer–to–peer car-sharing program agreement;
  164         (II) Liability of the shared vehicle owner;
  165         (III) Liability of the shared vehicle driver;
  166         (IV) Damage or loss to the shared motor vehicle; or
  167         (V) Damage, loss, or injury to persons or property to
  168  satisfy the personal injury protection and uninsured and
  169  underinsured motorist coverage requirements of this section.
  170         e.Insurance required under paragraph (a), when maintained
  171  by a peer-to-peer car-sharing program, may be provided by an
  172  insurer authorized to do business in this state which is a
  173  member of the Florida Insurance Guaranty Association or an
  174  eligible surplus lines insurer that has a superior, excellent,
  175  exceptional, or equivalent financial strength rating by a rating
  176  agency acceptable to the office. A peer-to-peer car-sharing
  177  program is not transacting in insurance when it maintains the
  178  insurance required under this section.
  179         (3) LIABILITIES AND INSURANCE EXCLUSIONS.—
  180         (a) Liability.—
  181         1. A peer-to-peer car-sharing program shall assume
  182  liability, except as provided in subparagraph 2., of a shared
  183  vehicle owner for bodily injury or property damage to third
  184  parties or uninsured and underinsured motorist or personal
  185  injury protection losses during the car-sharing period in an
  186  amount stated in the peer-to-peer car-sharing program agreement,
  187  which amount may not be less than those set forth in ss.
  188  324.021(7)(a) and (b), 324.022, 627.727, and 627.736,
  189  respectively.
  190         2. The assumption of liability under subparagraph 1. does
  191  not apply if a shared vehicle owner:
  192         a. Makes an intentional or fraudulent material
  193  misrepresentation or omission to the peer-to-peer car-sharing
  194  program before the car-sharing period in which the loss occurs;
  195  or
  196         b. Acts in concert with a shared vehicle driver who fails
  197  to return the shared vehicle pursuant to the terms of the peer
  198  to-peer car-sharing program agreement.
  199         3. A peer-to-peer car-sharing program shall assume primary
  200  liability for a claim when it is in whole or in part providing
  201  the insurance required under paragraph (2)(a) and:
  202         a.A dispute exists as to who was in control of the shared
  203  motor vehicle at the time of the loss; and
  204         b.The peer-to-peer car-sharing program does not have
  205  available, did not retain, or fails to provide the information
  206  required under subsection (5).
  207  
  208  The shared vehicle owner’s insurer shall indemnify the peer-to
  209  peer car-sharing program to the extent of the insurer’s
  210  obligation, if any, under the applicable insurance policy if it
  211  is determined that the shared vehicle owner was in control of
  212  the shared motor vehicle at the time of the loss.
  213         (b) Vicarious liability.—A peer-to-peer car-sharing program
  214  and a shared vehicle owner are exempt from vicarious liability
  215  consistent with 49 U.S.C. s. 30106 (2005) under any state or
  216  local law that imposes liability solely based on vehicle
  217  ownership.
  218         (c) Exclusions in motor vehicle insurance policies.—An
  219  authorized insurer that writes motor vehicle liability insurance
  220  in this state may exclude any coverage and the duty to defend or
  221  indemnify for any claim under a shared vehicle owner’s motor
  222  vehicle insurance policy, including, but not limited to:
  223         1. Liability coverage for bodily injury and property
  224  damage;
  225         2. Personal injury protection coverage;
  226         3. Uninsured and underinsured motorist coverage;
  227         4. Medical payments coverage;
  228         5. Comprehensive physical damage coverage; and
  229         6. Collision physical damage coverage.
  230  
  231  This paragraph does not invalidate or limit any exclusion
  232  contained in a motor vehicle insurance policy, including any
  233  insurance policy in use or approved for use which excludes
  234  coverage for motor vehicles made available for rent, sharing, or
  235  hire or for any business use.
  236         (d) Contribution against indemnification.—A shared vehicle
  237  owner’s motor vehicle insurer that defends or indemnifies a
  238  claim against a shared vehicle which is excluded under the terms
  239  of its policy has the right to seek contribution against the
  240  motor vehicle insurer of the peer-to-peer car-sharing program if
  241  the claim is:
  242         1. Made against the shared vehicle owner or the shared
  243  vehicle driver for loss or injury that occurs during the car
  244  sharing period; and
  245         2. Excluded under the terms of its policy.
  246         (4) NOTIFICATION OF IMPLICATIONS OF LIEN.—At the time a
  247  motor vehicle owner registers as a shared vehicle owner on a
  248  peer-to-peer car-sharing program and before the shared vehicle
  249  owner may make a shared vehicle available for car sharing on the
  250  peer-to-peer car-sharing program, the peer-to-peer car-sharing
  251  program must notify the shared vehicle owner that, if the shared
  252  vehicle has a lien against it, the use of the shared vehicle
  253  through a peer-to-peer car-sharing program, including the use
  254  without physical damage coverage, may violate the terms of the
  255  contract with the lienholder.
  256         (5) RECORDKEEPING.—A peer-to-peer car-sharing program
  257  shall:
  258         (a) Collect and verify records pertaining to the use of a
  259  shared vehicle, including, but not limited to, the times used,
  260  fees paid by the shared vehicle driver, and revenues received by
  261  the shared vehicle owner;
  262         (b) Retain the records in paragraph (a) for a time period
  263  not less than the applicable personal injury statute of
  264  limitations; and
  265         (c) Provide the information contained in the records in
  266  paragraph (a) upon request to the shared vehicle owner, the
  267  shared vehicle owner’s insurer, or the shared vehicle driver’s
  268  insurer to facilitate a claim coverage investigation.
  269         (6) CONSUMER PROTECTIONS.—
  270         (a) Disclosures.—Each peer-to-peer car-sharing program
  271  agreement made in this state must disclose to the shared vehicle
  272  owner and the shared vehicle driver:
  273         1. Any right of the peer-to-peer car-sharing program to
  274  seek indemnification from the shared vehicle owner or the shared
  275  vehicle driver for economic loss resulting from a breach of the
  276  terms and conditions of the peer-to-peer car-sharing program
  277  agreement.
  278         2. That a motor vehicle insurance policy issued to the
  279  shared vehicle owner for the shared vehicle or to the shared
  280  vehicle driver does not provide a defense or indemnification for
  281  any claim asserted by the peer-to-peer car-sharing program.
  282         3. That the peer-to-peer car-sharing program’s insurance
  283  coverage on the shared vehicle owner and the shared vehicle
  284  driver is in effect only during each car-sharing period and
  285  that, for any use of the shared vehicle by the shared vehicle
  286  driver after the car-sharing termination time, the shared
  287  vehicle driver and the shared vehicle owner may not have
  288  insurance coverage.
  289         4. The daily rate, fees, and, if applicable, any insurance
  290  or protection package costs that are charged to the shared
  291  vehicle owner or the shared vehicle driver.
  292         5. That the shared vehicle owner’s motor vehicle liability
  293  insurance may exclude coverage for a shared vehicle.
  294         6. An emergency telephone number of the personnel capable
  295  of fielding calls for roadside assistance and other customer
  296  service inquiries.
  297         7. Any conditions under which a shared vehicle driver must
  298  maintain a personal motor vehicle insurance policy with certain
  299  applicable coverage limits on a primary basis in order to book a
  300  shared vehicle.
  301         (b) Driver license verification and data retention.—
  302         1. A peer-to-peer car-sharing program may not enter into a
  303  peer-to-peer car-sharing program agreement with a driver unless
  304  the driver:
  305         a. Holds a driver license issued under chapter 322 which
  306  authorizes the driver to drive vehicles of the class of the
  307  shared vehicle;
  308         b. Is a nonresident who:
  309         (I) Holds a driver license issued by the state or country
  310  of the driver’s residence which authorizes the driver in that
  311  state or country to drive vehicles of the class of the shared
  312  vehicle; and
  313         (II) Is at least the same age as that required of a
  314  resident to drive; or
  315         c. Is otherwise specifically authorized by the Department
  316  of Highway Safety and Motor Vehicles to drive vehicles of the
  317  class of the shared vehicle.
  318         2. A peer-to-peer car-sharing program shall keep a record
  319  of:
  320         a. The name and address of the shared vehicle driver;
  321         b. The driver license number of the shared vehicle driver
  322  and each other person, if any, who will operate the shared
  323  vehicle; and
  324         c. The place of issuance of the driver license.
  325         (c) Responsibility for equipment.—A peer-to-peer car
  326  sharing program has sole responsibility for any equipment that
  327  is put in or on the shared vehicle to monitor or facilitate the
  328  peer-to-peer car-sharing transaction, including a GPS system.
  329  The peer-to-peer car-sharing program shall indemnify and hold
  330  harmless the shared vehicle owner for any damage to or theft of
  331  such equipment during the car-sharing period which is not caused
  332  by the shared vehicle owner. The peer-to-peer car-sharing
  333  program may seek indemnity from the shared vehicle driver for
  334  any damage to or loss of such equipment which occurs during the
  335  car-sharing period.
  336         (d) Motor vehicle safety recalls.—At the time a motor
  337  vehicle owner registers as a shared vehicle owner on a peer-to
  338  peer car-sharing program and before the shared vehicle owner may
  339  make a shared vehicle available for car sharing on the peer-to
  340  peer car-sharing program, the peer-to-peer car-sharing program
  341  must:
  342         1. Verify that the shared vehicle does not have any safety
  343  recalls on the vehicle for which the repairs have not been made;
  344  and
  345         2. Notify the shared vehicle owner that if the shared
  346  vehicle owner:
  347         a. Has received an actual notice of a safety recall on the
  348  vehicle, he or she may not make a vehicle available as a shared
  349  vehicle on the peer-to-peer car-sharing program until the safety
  350  recall repair has been made.
  351         b. Receives an actual notice of a safety recall on a shared
  352  vehicle while the shared vehicle is made available on the peer
  353  to-peer car-sharing program, he or she shall remove the shared
  354  vehicle as available on the peer-to-peer car-sharing program as
  355  soon as practicably possible after receiving the notice of the
  356  safety recall and until the safety recall repair has been made.
  357         c. Receives an actual notice of a safety recall while the
  358  shared vehicle is in the possession of a shared vehicle driver,
  359  he or she shall notify the peer-to-peer car-sharing program
  360  about the safety recall as soon as practicably possible after
  361  receiving the notice of the safety recall, so that he or she may
  362  address the safety recall repair.
  363         (7) CONSTRUCTION.—This section does not limit:
  364         (a) The liability of a peer-to-peer car-sharing program for
  365  any act or omission of the peer-to-peer car-sharing program
  366  which results in the bodily injury to a person as a result of
  367  the use of a shared vehicle through peer-to-peer car sharing; or
  368         (b) The ability of a peer-to-peer car-sharing program to
  369  seek, by contract, indemnification from the shared vehicle owner
  370  or the shared vehicle driver for economic loss resulting from a
  371  breach of the terms and conditions of the peer-to-peer car
  372  sharing program agreement.
  373         Section 2. This act shall take effect January 1, 2022.