Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 1298 Ì707796^Î707796 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/10/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Simmons) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 132 - 241 4 and insert: 5 (a) “Digital network” means an online-enabled application, 6 software, website, or system offered or used by a transportation 7 network company which enables the prearrangement of rides with 8 transportation network company drivers. 9 (b) “Personal vehicle” means a vehicle that is used by a 10 transportation network company driver in connection with 11 providing transportation network company service and that: 12 1. Is owned, leased, or otherwise authorized for use by the 13 transportation network company driver; and 14 2. Is not a taxi, jitney, limousine, or for-hire vehicle as 15 defined in s. 320.01(15). 16 (c) “Prearranged ride” means the provision of 17 transportation by a driver to or on behalf of a rider, beginning 18 when a driver accepts a ride requested by a rider through a 19 digital network controlled by a transportation network company, 20 continuing while the driver transports the rider, and ending 21 when the last rider departs from the personal vehicle. A 22 prearranged ride does not include transportation provided using 23 a taxi, jitney, limousine, for-hire vehicle as defined in s. 24 320.01(15), or street hail services. 25 (d) “Transportation network company” or “company” means a 26 corporation, partnership, sole proprietorship, or other entity 27 operating in this state which uses a digital network to connect 28 transportation network company riders to transportation network 29 company drivers who provide prearranged rides. A transportation 30 network company may not be deemed to control, direct, or manage 31 the personal vehicles or transportation network company drivers 32 that connect to its digital network, unless agreed to in a 33 written contract. A transportation network company does not 34 include an individual, corporation, partnership, sole 35 proprietorship, or other entity arranging nonemergency medical 36 transportation for individuals qualifying for Medicaid or 37 Medicare pursuant to a contract with the state or a managed care 38 organization. 39 (e) “Transportation network company driver” or “driver” 40 means an individual who: 41 1. Receives connections to potential riders and related 42 services from a transportation network company in exchange for 43 any form of compensation, including payment of a fee to the 44 transportation network company; and 45 2. Uses a personal vehicle to offer or provide a 46 prearranged ride to riders upon connection through a digital 47 network controlled by a transportation network company in return 48 for compensation, including payment of a fee. 49 (f) “Transportation network company rider” or “rider” means 50 an individual who directly or indirectly uses a transportation 51 network company’s digital network to connect with a 52 transportation network company driver who provides 53 transportation services to such individual in the driver’s 54 personal vehicle. 55 (2)(a) A transportation network company driver, or a 56 transportation network company on the driver’s behalf, shall 57 maintain primary automobile liability insurance that recognizes 58 that the driver is a transportation network company driver or 59 that the driver otherwise uses a personal vehicle to transport 60 riders for compensation. Such primary automobile liability 61 insurance must cover the driver as required under this section, 62 including while the driver is logged on to the transportation 63 network company’s digital network and engaged in a prearranged 64 ride. 65 (b) The following automobile insurance requirements apply 66 while a participating transportation network company driver is 67 logged on to the transportation network company’s digital 68 network and is available to receive transportation requests, but 69 is not engaged in a prearranged ride: 70 1. Primary automobile liability insurance of at least 71 $125,000 for death and bodily injury per person, $250,000 for 72 death and bodily injury per incident, coverage in an equivalent 73 amount for uninsured and underinsured motorists, and $50,000 for 74 property damage; and 75 2. Primary automobile insurance that provides the minimum 76 coverage requirements under ss. 627.730-627.7405. 77 (c) The following automobile insurance requirements shall 78 apply while a transportation network company driver is engaged 79 in a prearranged ride: 80 1. Primary automobile liability insurance of at least $1 81 million for death and bodily injury per person, $2 million for 82 death and bodily injury per incident, coverage in an equivalent 83 amount for uninsured and underinsured motorists, and $50,000 for 84 property damage; and 85 2. Primary automobile insurance that provides the minimum 86 coverage requirements under ss. 627.730-627.7405. 87 (d) The following automobile insurance requirements apply 88 at all times other than the periods specified in paragraph (b) 89 or paragraph (c) if a driver has or, within the previous 6 90 months has had, an agreement with a transportation network 91 company to provide any form of transportation services to 92 riders: 93 1. Primary automobile liability insurance of at least 94 $100,000 for death and bodily injury per person, $200,000 for 95 death and bodily injury per incident, coverage in an equivalent 96 amount for uninsured and underinsured motorists, and $50,000 for 97 property damage; and 98 2. Primary automobile insurance that provides the minimum 99 coverage requirements under ss. 627.730-627.7405. 100 (e) The coverage requirements of paragraph (b), paragraph 101 (c), or paragraph (d) may be satisfied by any of the following: 102 1. Automobile liability insurance maintained by the 103 transportation network company driver; 104 2. Automobile liability insurance maintained by the 105 transportation network company; or 106 3. Any combination of subparagraphs 1. and 2. 107 (f) If automobile insurance maintained by a driver under 108 paragraph (b), paragraph (c), or paragraph (d) has lapsed or 109 does not provide the required coverage, automobile insurance 110 maintained by a transportation network company must provide the 111 coverage required by this section beginning with the first 112 dollar of a claim and must require that the insurer have the 113 duty to defend such claim in this state. 114 (g) Coverage under an automobile insurance policy 115 maintained by the transportation network company may not be 116 dependent on a personal automobile liability insurance policy 117 first denying a claim. 118 (h) Automobile insurance required by this section must be 119 provided by an insurer authorized to do business in this state 120 and which is a member of the Florida Insurance Guaranty 121 Association. 122 (i) Automobile insurance satisfying the requirements of 123 this section shall be deemed to satisfy the financial 124 responsibility requirements for a motor vehicle under chapter 125 324 and the security required under s. 627.733. 126 (j) A transportation network company driver shall carry 127 proof of insurance coverage satisfying paragraphs (b), (c), and 128 (d) at all times during his or her use of a personal vehicle in 129 connection with a transportation network company’s digital 130 network. In the event of an accident: 131 1. The driver shall provide the insurance coverage 132 information to the directly involved parties, automobile 133 insurers, and investigating police officers. Proof of financial 134 responsibility may be provided through a digital telephone 135 application under s. 316.646 controlled by a transportation 136 network company. 137 2. The driver, upon request, shall disclose to the directly 138 involved parties, automobile insurers, and investigating police 139 officers whether the driver, at the time of the accident, was 140 logged on to the transportation network company’s digital 141 network or engaged in prearranged ride. 142 (k) Before a driver may accept a request for a prearranged 143 ride on the transportation network company’s digital network, 144 the transportation network company shall disclose in writing to 145 each transportation network company driver each type of: 146 1. Insurance coverage and the limit for each coverage the 147 transportation network company provides; and 148 2. Automobile insurance coverage that the driver must 149 maintain while the driver uses a personal vehicle in connection 150 with the transportation network company. 151 (l) An insurer that provides personal automobile insurance 152 policies under part XI of chapter 627 may exclude from coverage 153 under a policy issued to an owner or operator of a personal 154 vehicle any loss or injury that occurs while a driver is logged 155 on to a transportation network company’s digital network or 156 while a driver is engaged in a prearranged ride. Such right to 157 exclude coverage applies to any coverage under an automobile 158 liability insurance policy, including, but not limited to: 159 1. Liability coverage for bodily injury and property 160 damage. 161 2. Personal injury protection coverage under s. 627.736. 162 3. Uninsured and underinsured motorist coverage. 163 4. Medical payments coverage. 164 5. Comprehensive physical damage coverage. 165 6. Collision physical damage coverage. 166 (m) The exclusions authorized under paragraph (l) apply 167 notwithstanding any financial responsibility requirements under 168 chapter 324. This section does not require that a personal 169 automobile liability insurance policy provide coverage while the 170 driver is logged on to the transportation network company’s 171 digital network, while the driver is engaged in a prearranged 172 ride, or while the driver otherwise uses a personal vehicle to 173 transport riders for compensation. However, an insurer may 174 voluntarily elect to provide coverage for such driver’s personal 175 vehicle by contract or endorsement. 176 (n) An insurer that excludes coverage, as authorized under 177 paragraph (l): 178 1. Does not have a duty to defend or indemnify any claim 179 excluded. This section does not invalidate or limit an exclusion 180 contained in a policy, including any policy in use or approved 181 for use in this state before July 1, 2015. 182 2. Has a right of contribution against other insurers that 183 provide automobile liability insurance to the same driver in 184 satisfaction of the coverage requirements of this section at the 185 time of loss if the insurer defends or indemnifies a claim 186 against a driver which is excluded under the terms of its 187 policy. 188 (o) In any claims investigation, a transportation network 189 company and any insurer potentially providing coverage for such 190 claim under this section shall cooperate to facilitate the 191 exchange of relevant information with directly involved parties 192 and insurers of the transportation network company driver, if 193 applicable. Such information must provide: 194 1. The precise times that a driver logged on and off the 195 transportation network company’s digital network during the 12 196 hour period immediately preceding and immediately after the 197 accident. 198 2. A clear description of the coverage, any exclusions, and 199 limits provided under any automobile liability insurance 200 maintained under this section. 201 (p) Before allowing an individual to act as a driver on its 202 digital network, a transportation network company shall 203 determine whether the driver’s personal vehicle is subject to a 204 lien. If the personal vehicle is subject to a lien, the 205 transportation network company shall verify that the insurance 206 required by this section provides coverage to the lienholder 207 while the driver is logged into the transportation network 208 company’s digital network and while the driver is providing a 209 prearranged ride. 210 (3) The office may adopt rules to implement this section. 211 212 ================= T I T L E A M E N D M E N T ================ 213 And the title is amended as follows: 214 Delete lines 19 - 33 215 and insert: 216 627.748, F.S.; defining terms; requiring a 217 transportation network company driver or such company 218 on the driver’s behalf, or a combination thereof, to 219 maintain primary automobile liability insurance issued 220 by specified insurers with certain coverages in 221 specified amounts during certain timeframes; requiring 222 the transportation network company to provide 223 automobile insurance in the event insurance maintained 224 by the transportation network company driver lapses or 225 does not provide the required coverage; requiring a 226 transportation network company driver to carry proof 227 of insurance coverage at certain times and to disclose 228 specified information in the event of an accident; 229 requiring a transportation network company to make 230 certain disclosures to transportation network company 231 drivers; authorizing insurers to exclude certain 232 coverages during specified periods for policies issued 233 to transportation network company drivers for personal 234 vehicles; requiring a transportation network company 235 and certain insurers to cooperate during a claims 236 investigation to facilitate the exchange of specified 237 information; requiring a transportation network 238 company to determine whether an individual’s personal 239 vehicle is subject to a lien before allowing the 240 individual to act as a driver and, if the vehicle is 241 subject to a lien, to verify that the insurance 242 required by this section provides coverage to the 243 lienholder during specified periods; authorizing the 244 Office of Insurance Regulation to adopt rules to 245 implement the section;