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