Florida Senate - 2015                                    SB 1298
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-00842A-15                                          20151298__
    1                        A bill to be entitled                      
    2         An act relating to insurance for short-term rental and
    3         transportation network companies; creating s. 627.716,
    4         F.S.; defining terms; establishing insurance
    5         requirements for short-term rental network companies
    6         during certain timeframes; requiring a short-term
    7         rental network company to make certain written
    8         disclosures to participating lessors; requiring an
    9         insurer to defend and indemnify an insured in this
   10         state; prohibiting the personal insurance policy of a
   11         participating lessor of a short-term rental property
   12         from providing specified coverage during certain
   13         timeframes except under specified circumstances;
   14         requiring a short-term rental network company and its
   15         insurer to cooperate with certain claims
   16         investigations; providing that the section does not
   17         limit the liability of a short-term rental network
   18         company under specified circumstances; creating s.
   19         627.748, F.S.; defining terms; establishing insurance
   20         requirements for transportation network companies and
   21         participating drivers during certain timeframes;
   22         requiring a transportation network company to make
   23         certain written disclosures to participating drivers;
   24         requiring an insurer to defend and indemnify an
   25         insured in this state; prohibiting the personal motor
   26         vehicle insurance policy of a participating driver
   27         from providing specified coverage during certain
   28         timeframes except under specified circumstances;
   29         requiring a transportation network company and its
   30         insurer to cooperate with certain claims
   31         investigations; requiring participating drivers to
   32         carry proof of insurance coverage; providing for
   33         application of certain coverage requirements;
   34         providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Section 627.716, Florida Statutes, is created to
   39  read:
   40         627.716 Short-term rental network company insurance.
   41         (1) For purposes of this section, the term:
   42         (a) “Application” means an Internet-enabled application or
   43  platform owned or used by a short-term rental network company or
   44  any similar method of providing rental services to a
   45  participating renter.
   46         (b) “Participating lessor” means a person who makes a
   47  short-term rental property available through an application to
   48  participating renters.
   49         (c) “Participating renter” means a person who enters into a
   50  short-term rental arrangement through an application.
   51         (d) “Short-term rental network company” or “company” means
   52  an organization, including, but not limited to, a corporation,
   53  limited liability company, partnership, sole proprietorship, or
   54  other entity for which participating lessors provide
   55  prearranged, short-term rentals for compensation using an
   56  application to connect a participating renter with a
   57  participating lessor.
   58         (e) “Short-term rental network company insurance” means an
   59  insurance policy that expressly provides coverage as required by
   60  this section at all times during the short-term rental period.
   61         (f) “Short-term rental period” means the period beginning
   62  at the time the participating renter first uses or occupies the
   63  short-term rental property and ending at the time the
   64  participating renter vacates the short-term rental property.
   65         (g) “Short-term rental property” means the entirety or any
   66  portion of a residential property, condominium, tenancy in
   67  common, apartment, or other rental unit located in this state
   68  which is owned or rented by a participating lessor.
   69         (2)(a) During the short-term rental period, a short-term
   70  rental network company shall maintain short-term rental network
   71  company insurance that is primary and that:
   72         1. Insures the participating lessor against direct physical
   73  loss to the short-term rental property and its contents,
   74  exclusive of the property of the participating renter, with
   75  limits equal to any multi- or named-peril property insurance
   76  maintained by the participating lessor.
   77         2. Provides liability coverage for personal injury and
   78  property damage with limits of at least $1 million which covers
   79  the acts and omissions of the short-term rental network company,
   80  a participating lessor, and all persons using or occupying the
   81  short-term rental property.
   82         (b) Short-term rental network company insurance may not
   83  require as a prerequisite of coverage that another insurance
   84  policy first deny a claim.
   85         (3) A short-term rental network company shall disclose in
   86  writing to a participating lessor the insurance coverages and
   87  limits of liability that the short-term rental network company
   88  provides during the short-term rental period. The company shall
   89  advise the participating lessor in writing that the
   90  participating lessor’s personal insurance policy may not provide
   91  the insurance coverage required by subsection (2).
   92         (4) An insurer that provides short-term rental network
   93  company insurance shall defend and indemnify in this state the
   94  insured in accordance with the policy’s provisions.
   95         (5)(a)During the short-term rental period, the
   96  participating lessor’s personal insurance policy for the short
   97  term rental property may not:
   98         1. Be required to provide primary or excess coverage.
   99         2. Provide any coverage to the participating lessor, the
  100  participating renter, or a third party unless the policy, with
  101  or without a separate charge, expressly provides for such
  102  coverage or contains an amendment or endorsement to provide such
  103  coverage.
  104         3. Have any duty to indemnify or defend for liabilities
  105  arising during the short-term rental period unless the policy,
  106  with or without a separate charge, expressly provides for such
  107  duties or contains an amendment or endorsement to provide for
  108  such duties.
  109         (b) Before or after the short-term rental period, the
  110  participating lessor’s personal policy for the short-term rental
  111  property may not provide coverage for claims arising from any
  112  rental arrangement entered into by a participating renter with
  113  the short-term rental company or the participating lessor for
  114  the short-term rental property or for acts and omissions related
  115  to the rental arrangement unless the policy, with or without a
  116  separate charge, provides for such coverage or contains an
  117  amendment or endorsement to provide such coverage.
  118         (6) In a claims investigation, a short-term rental network
  119  company or its insurer shall cooperate with other insurers to
  120  facilitate the exchange of information, which must include the
  121  number and duration of all short-term rental periods made with
  122  respect to the short-term rental property for the 12 months
  123  preceding the date of loss.
  124         (7) This section does not limit the liability of a short
  125  term rental network company arising out of the use or occupancy
  126  of short-term rental property by a participating renter for an
  127  amount that exceeds the limits specified in subsection (2).
  128         Section 2. Section 627.748, Florida Statutes, is created to
  129  read:
  130         627.748 Transportation network company insurance.—
  131         (1) For purposes of this section, the term:
  132         (a) “Application” means an Internet-enabled application or
  133  platform owned or used by a transportation network company or
  134  any similar method for providing transportation services to a
  135  passenger.
  136         (b) “On-call period” means the period beginning at the time
  137  the driver:
  138         1. Logs onto an application and ending at the time the
  139  driver accepts a ride request through the application; or
  140         2. Completes a ride request on an application, or the ride
  141  is complete, whichever is later, or, if not completed, beginning
  142  at the time the ride request is terminated by the driver or
  143  requester, and ending at the time the driver accepts another
  144  ride request on the application or logs off the application.
  145         (c) “Participating driver” or “driver” means a person who
  146  uses a motor vehicle in connection with an application to
  147  connect with a passenger.
  148         (d)”Ride-acceptance period” means the period beginning at
  149  the time a driver accepts a ride request made through an
  150  application and ending at the time the driver completes the ride
  151  request on the application or the ride is completed, whichever
  152  is later, or, if not completed, ending at the time the ride
  153  request is terminated by the driver or requester.
  154         (e) “Transportation network company” or “company” means an
  155  organization, including, but not limited to, a corporation,
  156  limited liability company, partnership, sole proprietorship, or
  157  other entity for which drivers operating a vehicle in this state
  158  provide transportation services for compensation using an
  159  application to connect a passenger with a participating driver.
  160         (f) “Transportation network company insurance” means an
  161  insurance policy that expressly provides coverage for a
  162  participating driver’s use of a motor vehicle in connection with
  163  an application.
  164         (2)(a)During the ride-acceptance period, transportation
  165  network company insurance must provide:
  166         1. Liability coverage of at least $1 million for death,
  167  bodily injury, and property damage.
  168         2. Uninsured and underinsured motorist coverage of at least
  169  $1 million.
  170         3. Personal injury protection as required under s. 627.736.
  171         4. Physical damage coverage, including collision or
  172  comprehensive physical damage coverage, if the driver carries
  173  such coverage on his or her personal motor vehicle insurance
  174  policy.
  175         (b)During the on-call period, transportation network
  176  company insurance must provide:
  177         1. Liability coverage for death and bodily injury of at
  178  least $125,000 per person and $250,000 per incident.
  179         2. Liability coverage for property damage of at least
  180  $50,000.
  181         3. Uninsured and underinsured motorist coverage of at least
  182  $250,000.
  183         4. Personal injury protection as required under s. 627.736.
  184         5. Physical damage coverage, including collision or
  185  comprehensive physical damage coverage, if the driver carries
  186  such coverage on his or her personal motor vehicle insurance
  187  policy.
  188         (c) The coverage requirements of this subsection may be
  189  satisfied by transportation network company insurance maintained
  190  by a driver, by a company, or, in combination, by both. If the
  191  requirement is satisfied by a policy maintained by the driver,
  192  the company shall verify that the insurance policy is
  193  specifically written to cover the driver’s use of a motor
  194  vehicle in connection with an application. If a driver fails to
  195  continuously maintain the transportation network company
  196  insurance required by this subsection, the transportation
  197  network company shall provide such insurance.
  198         (d) A transportation network company insurance policy may
  199  not require as a prerequisite of coverage that another motor
  200  vehicle insurance policy first deny a claim.
  201         (3) A transportation network company shall disclose in
  202  writing to a participating driver the insurance coverage and
  203  limits of liability the company provides when the driver uses a
  204  motor vehicle in connection with an application. The company
  205  shall advise the driver that the personal motor vehicle
  206  insurance policy of the driver may not provide the insurance
  207  coverage required under subsection (2), except as provided in
  208  subsection (5).
  209         (4) An insurer that provides transportation network company
  210  insurance shall defend and indemnify in this state the insured
  211  in accordance with the policy’s provisions.
  212         (5)(a) This section may not be construed to require that a
  213  participating driver’s personal motor vehicle insurance policy
  214  provide primary or excess coverage during the on-call period or
  215  the ride-acceptance period.
  216         (b)Unless the policy expressly provides otherwise, with or
  217  without a separate charge, or the policy contains an amendment
  218  or endorsement to provide such coverage, for which a separately
  219  stated premium is charged, the personal motor vehicle insurance
  220  policy of the driver or motor vehicle owner may not, during the
  221  on-call period or ride-acceptance period, provide any coverage
  222  to the driver, motor vehicle owner, or a third party or have a
  223  duty to defend or indemnify the driver’s activities in
  224  connection with the company.
  225         (6) In a claims investigation, a transportation network
  226  company or its insurer shall cooperate with other insurers to
  227  facilitate the exchange of information, which must include the
  228  date and time at which the accident occurred which involved a
  229  participating driver and the precise times that the driver
  230  logged on and off the application.
  231         (7) A participating driver shall carry proof of
  232  transportation network company insurance coverage at all times
  233  during his or her use of a motor vehicle in connection with an
  234  application. In the event of an accident, a driver shall, upon
  235  request, provide insurance coverage information to any party
  236  involved in the accident and to a police officer.
  237         (8) Notwithstanding any law regarding primary or excess
  238  policy coverage, this section determines the minimum obligations
  239  of an insurance policy issued to a transportation network
  240  company and a participating driver using a motor vehicle in
  241  connection with an application.
  242         Section 3. This act shall take effect July 1, 2015.
  243