Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1118 Ì107054ÇÎ107054 LEGISLATIVE ACTION Senate . House Comm: WD . 02/18/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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;