Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1298
       
       
       
       
       
       
                                Ì707796^Î707796                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2015           .                                
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       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;