Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1118
       
       
       
       
       
       
                                Ì107054ÇÎ107054                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/18/2016           .                                
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       The Committee on Appropriations (Simmons) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 162 - 316
    4  and insert:
    5  maintain primary motor vehicle insurance that recognizes that
    6  the driver is a transportation network company driver or that
    7  the driver otherwise uses a personal vehicle to transport riders
    8  for compensation. Such primary motor vehicle insurance must
    9  cover the driver as required under this section, including while
   10  the driver is logged on to the transportation network company’s
   11  digital network but is not engaged in a prearranged ride, and
   12  while the driver is engaged in a prearranged ride.
   13         (b) The following motor vehicle insurance coverage
   14  requirements apply while a transportation network company driver
   15  is logged on to the transportation network company’s digital
   16  network but is not engaged in a prearranged ride:
   17         1. Primary motor vehicle liability insurance coverage of at
   18  least $125,000 for death and bodily injury per person, $250,000
   19  for death and bodily injury per incident, and $50,000 for
   20  property damage; and
   21         2. Primary motor vehicle insurance coverage that meets the
   22  minimum requirements under ss. 627.730-627.7405.
   23         (c) The following motor vehicle insurance coverage
   24  requirements apply while a transportation network company driver
   25  is engaged in a prearranged ride:
   26         1. Primary motor vehicle liability insurance coverage of at
   27  least $1 million for death and bodily injury per person, $1
   28  million for death and bodily injury per incident, and $50,000
   29  for property damage; and
   30         2. Primary motor vehicle insurance coverage that meets the
   31  minimum requirements under ss. 627.730-627.7405.
   32         (d) At all times other than the periods specified in
   33  paragraphs (b) and (c), the following motor vehicle insurance
   34  requirements apply if a driver has an agreement with a
   35  transportation network company to provide any form of
   36  transportation service to riders:
   37         1. Primary motor vehicle liability insurance coverage of at
   38  least $25,000 for death and bodily injury per person, $50,000
   39  for death and bodily injury per incident, and $10,000 for
   40  property damage; and
   41         2. Primary motor vehicle insurance that provides the
   42  minimum requirements under ss. 627.730-627.7405.
   43         (e) The coverage requirements of paragraphs (b), (c), and
   44  (d) may be satisfied by insurance maintained by the
   45  transportation network company driver, by the transportation
   46  network company, or by a combination of both.
   47         (f) If the insurance maintained by a driver under paragraph
   48  (b) or paragraph (c) lapses or does not provide the required
   49  coverage, the transportation network company must maintain
   50  insurance that provides the coverage required by this section
   51  beginning with the first dollar of a claim and must obligate the
   52  insurer to defend such a claim in this state.
   53         (g) Coverage under a motor vehicle insurance policy
   54  maintained by the transportation network company may not be
   55  contingent on a denial of a claim under the driver’s personal
   56  motor vehicle liability insurance policy, nor shall a personal
   57  motor vehicle insurer be required to first deny a claim.
   58         (h) Insurance required by this section must be provided by
   59  an insurer authorized to do business in this state which is a
   60  member of the Florida Insurance Guaranty Association or an
   61  eligible surplus lines insurer that has a superior, an
   62  excellent, an exceptional, or an equivalent financial strength
   63  rating by a rating agency acceptable to the office.
   64         (i) Insurance that satisfies the requirements of this
   65  section is deemed to satisfy the financial responsibility
   66  requirements imposed under chapter 324 and the security
   67  requirements imposed under s. 627.733. However, the provision of
   68  transportation to persons for compensation which is not covered
   69  under this section subjects a vehicle and driver to the
   70  requirements of chapters 320 and 324.
   71         (j) A transportation network company driver shall carry
   72  proof of insurance coverage that meets the requirements of
   73  paragraphs (b), (c), and (d) at all times during his or her use
   74  of a personal vehicle. In the event of an accident:
   75         1. The driver shall provide the insurance coverage
   76  information to the directly involved parties, insurers, and
   77  investigating law enforcement officers. Proof of financial
   78  responsibility may be provided through a digital telephone
   79  application under s. 316.646 which is controlled by a
   80  transportation network company.
   81         2. Upon request, the driver shall disclose to the directly
   82  involved parties, insurers, and investigating law enforcement
   83  officers whether the driver, at the time of the accident, was
   84  logged on to the transportation network company’s digital
   85  network or engaged in a prearranged ride.
   86         (k) Before a driver may accept a request for a prearranged
   87  ride on the transportation network company’s digital network,
   88  the transportation network company shall disclose in writing to
   89  each transportation network company driver:
   90         1. The type and limits of insurance coverage provided by
   91  the transportation network company;
   92         2. The type of insurance coverage that the driver must
   93  maintain while the driver uses a personal vehicle in connection
   94  with the transportation network company; and
   95         3. That the provision of rides for compensation, whether
   96  prearranged or otherwise, which is not covered by this section
   97  subjects the driver to the coverage requirements imposed by s.
   98  324.032(1) and that failure to meet such limits subjects the
   99  driver to penalties provided in s. 324.221, up to and including
  100  a misdemeanor of the second degree.
  101         (l)A transportation network company must provide an
  102  electronic notice to transportation network company drivers
  103  that:
  104         1. It may be illegal for a transportation network company
  105  driver to solicit or accept a prearranged ride if the ride is
  106  not arranged through a transportation network company’s digital
  107  network or online-enabled application; and
  108         2. Such rides may not be covered by a transportation
  109  network company’s insurance policy.
  110         (m) An insurer that provides personal motor vehicle
  111  insurance policies under this part may exclude from coverage
  112  under a policy issued to an owner or operator of a personal
  113  vehicle any loss or injury that occurs while a driver is logged
  114  on to a transportation network company’s digital network or
  115  while a driver is engaged in a prearranged ride. Such right to
  116  exclude coverage applies to any coverage under a motor vehicle
  117  insurance policy, including, but not limited to:
  118         1. Liability coverage for bodily injury and property
  119  damage.
  120         2. Personal injury protection coverage.
  121         3. Uninsured and underinsured motorist coverage.
  122         4. Medical payments coverage.
  123         5. Comprehensive physical damage coverage.
  124         6. Collision physical damage coverage.
  125  
  126  Such exclusion is limited only to the owner or operator of the
  127  vehicle that is being driven by the owner or operator while
  128  logged on to a transportation network company’s digital network
  129  or engaged in a prearranged ride.
  130         (n) The exclusions authorized under paragraph (m) apply
  131  notwithstanding any financial responsibility requirements under
  132  chapter 324. This section does not require that a personal motor
  133  vehicle insurance policy provide coverage while the driver is
  134  logged on to the transportation network company’s digital
  135  network, while the driver is engaged in a prearranged ride, or
  136  while the driver otherwise uses a personal vehicle to transport
  137  riders for compensation. However, an insurer may elect to
  138  provide coverage by contract or endorsement for such driver’s
  139  personal vehicle used for such purposes.
  140         (o) An insurer that excludes coverage as authorized under
  141  paragraph (m):
  142         1. Does not have a duty to defend or indemnify an excluded
  143  claim. This section does not invalidate or limit an exclusion
  144  contained in a policy, including any policy in use or approved
  145  for use in this state before July 1, 2017.
  146         2. Has a right of contribution against other insurers that
  147  provide motor vehicle insurance to the same driver in
  148  satisfaction of the coverage requirements of this section at the
  149  time of loss, if the insurer defends or indemnifies a claim
  150  against a driver which is excluded under the terms of its
  151  policy.
  152         (p) In a claims investigation, a transportation network
  153  company and any insurer providing coverage for a claim under
  154  this section shall cooperate to facilitate the exchange of
  155  relevant information with directly involved parties and insurers
  156  of the transportation network company driver, if applicable.
  157  Such information must provide:
  158         1. The precise times that a driver logged on and off the
  159  transportation network company’s digital network during the 12
  160  hour period immediately before and immediately after the
  161  accident.
  162         2. A clear description of the coverage, any exclusions, and
  163  the limits provided under insurance maintained under this
  164  section.
  165         (q) If a transportation network company’s insurer makes a
  166  payment for a claim covered under comprehensive coverage or
  167  collision coverage, the transportation network company shall
  168  cause its insurer to issue the payment directly to the entity
  169  repairing the vehicle or jointly to the owner of the vehicle and
  170  the primary lienholder on the covered vehicle.
  171         (4) Unless agreed to in a written contract, a
  172  transportation network company is not deemed to control, direct,
  173  or manage the personal vehicles that, or the transportation
  174  network company drivers who, connect to its digital network.
  175         (5) The Financial Services Commission may adopt rules to
  176  
  177  ================= T I T L E  A M E N D M E N T ================
  178  And the title is amended as follows:
  179         Delete lines 14 - 45
  180  and insert:
  181         or a combination of both, to maintain certain primary
  182         motor vehicle insurance under certain circumstances;
  183         providing coverage requirements under specified
  184         circumstances; requiring a transportation network
  185         company to maintain certain insurance and obligate the
  186         insurer to defend a certain claim if specified
  187         insurance of the driver lapses or does not provide the
  188         required coverage; providing that certain coverage may
  189         not be contingent on a claim denial; specifying
  190         requirements for insurers that provide the required
  191         insurance; providing for construction; requiring a
  192         transportation network company driver to carry proof
  193         of certain insurance coverage at all times during his
  194         or her use of a personal vehicle and to disclose
  195         specified information in the event of an accident;
  196         requiring a transportation network company to make
  197         certain disclosures and provide a specified notice to
  198         transportation network company drivers; authorizing an
  199         insurer to exclude certain coverage for loss or injury
  200         to specified persons which occurs under certain
  201         circumstances; providing for applicability and
  202         construction; requiring a transportation network
  203         company and certain insurers to cooperate during a
  204         claims investigation to facilitate the exchange of
  205         specified information; requiring a transportation
  206         network company to cause its insurer to issue payments
  207         for claims directly to specified entities under
  208         certain circumstances; providing that, unless agreed
  209         to in a written contract, a transportation network
  210         company is not deemed to control, direct, or manage
  211         the personal vehicles or transportation network
  212         company drivers that connect to its digital network;