Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 1118 Ì3824183Î382418 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/19/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Simmons) recommended the following: 1 Senate Substitute for Amendment (390508) (with title 2 amendment) 3 4 Delete lines 49 - 250 5 and insert: 6 Section 1. Paragraphs (b) and (c) of subsection (1) of 7 section 316.066, Florida Statutes, are amended, and paragraph 8 (e) is added to subsection (3) of that section, to read: 9 316.066 Written reports of crashes.— 10 (1) 11 (b) The Florida Traffic Crash Report, Long Form must 12 include: 13 1. The date, time, and location of the crash. 14 2. A description of the vehicles involved. 15 3. The names and addresses of the parties involved, 16 including all drivers and passengers, and the identification of 17 the vehicle in which each was a driver or a passenger. 18 4. The names and addresses of witnesses. 19 5. The name, badge number, and law enforcement agency of 20 the officer investigating the crash. 21 6. The names of the insurance companies for the respective 22 parties involved in the crash. 23 7. A statement as to whether, at the time of the accident, 24 any driver was providing a prearranged ride or logged into a 25 digital network of a transportation network company, as those 26 terms are defined in s. 627.748. 27 (c) In any crash for which a Florida Traffic Crash Report, 28 Long Form is not required by this section and which occurs on 29 the public roadways of this state, the law enforcement officer 30 shall complete a short-form crash report or provide a driver 31 exchange-of-information form, to be completed by all drivers and 32 passengers involved in the crash, which requires the 33 identification of each vehicle that the drivers and passengers 34 were in. The short-form report must include: 35 1. The date, time, and location of the crash. 36 2. A description of the vehicles involved. 37 3. The names and addresses of the parties involved, 38 including all drivers and passengers, and the identification of 39 the vehicle in which each was a driver or a passenger. 40 4. The names and addresses of witnesses. 41 5. The name, badge number, and law enforcement agency of 42 the officer investigating the crash. 43 6. The names of the insurance companies for the respective 44 parties involved in the crash. 45 7. A statement as to whether, at the time of the accident, 46 any driver was providing a prearranged ride or logged into a 47 digital network of a transportation network company, as those 48 terms are defined in s. 627.748. 49 (3) 50 (e) Any driver who provides a false statement to a law 51 enforcement officer in connection with the information that is 52 required to be reported under subparagraph (1)(b)7. or 53 subparagraph (1)(c)7. commits a misdemeanor of the second 54 degree, punishable as provided in s. 775.082 or s. 775.083. 55 Section 2. Section 627.748, Florida Statutes, is created to 56 read: 57 627.748 Transportation network company insurance.— 58 (1) It is the intent of the Legislature to provide for 59 statewide uniformity of laws governing the insurance 60 requirements imposed on transportation network companies and 61 transportation network company drivers. 62 (2) For purposes of this section, the term: 63 (a) “Digital network” means an online application, 64 software, website, or system offered or used by a transportation 65 network company which enables the prearrangement of rides with 66 transportation network company drivers. 67 (b) “Personal vehicle” means a vehicle, however titled, 68 which is used by a transportation network company driver in 69 connection with providing transportation network company service 70 and which: 71 1. Is owned, leased, or otherwise authorized for use by the 72 transportation network company driver; and 73 2. Is not a taxi, jitney, limousine, or for-hire vehicle as 74 that term is defined in s. 320.01(15). 75 76 Notwithstanding any other law, a vehicle that is let or rented 77 to another for consideration may be used as a personal vehicle. 78 (c) “Prearranged ride” means the provision of 79 transportation by a driver to or on behalf of a rider, beginning 80 when a driver accepts a request for a ride by a rider through a 81 digital network controlled by a transportation network company, 82 continuing while the driver transports the rider, and ending 83 when the last rider departs from the personal vehicle. A 84 prearranged ride does not include transportation provided using 85 a taxi, jitney, limousine, for-hire vehicle as defined in s. 86 320.01(15), or street hail service. 87 (d) “Transportation network company” or “company” means a 88 corporation, partnership, sole proprietorship, or other entity 89 operating in this state which uses a digital network to connect 90 transportation network company riders to transportation network 91 company drivers who provide prearranged rides. A transportation 92 network company does not include an individual, corporation, 93 partnership, sole proprietorship, or other entity arranging 94 nonemergency medical transportation for individuals qualifying 95 for Medicaid or Medicare pursuant to a contract with the state 96 or a managed care organization. 97 (e) “Transportation network company driver” or “driver” 98 means an individual who: 99 1. Receives connections to potential riders and related 100 services from a transportation network company in exchange for 101 any form of compensation, including payment of a fee to the 102 transportation network company; and 103 2. Uses a personal vehicle to offer or provide a 104 prearranged ride to riders upon connection through a digital 105 network controlled by a transportation network company in return 106 for compensation, including payment of a fee. 107 (f) “Transportation network company rider” or “rider” means 108 an individual who directly or indirectly uses a transportation 109 network company’s digital network to connect with a 110 transportation network company driver who provides 111 transportation services to the individual in the driver’s 112 personal vehicle. 113 (3)(a) A transportation network company driver, or a 114 transportation network company on the driver’s behalf, shall 115 maintain primary automobile insurance that recognizes that the 116 driver is a transportation network company driver or that the 117 driver otherwise uses a personal vehicle to transport riders for 118 compensation. Such primary automobile insurance must cover the 119 driver as required under this section, including while the 120 driver is logged on to the transportation network company’s 121 digital network but is not engaged in a prearranged ride, and 122 while the driver is engaged in a prearranged ride. 123 (b) The following automobile insurance coverage 124 requirements apply while a transportation network company driver 125 is logged on to the transportation network company’s digital 126 network but is not engaged in a prearranged ride, and while the 127 driver is engaged in a prearranged ride: 128 1. Primary automobile liability insurance coverage of at 129 least $125,000 for death and bodily injury per person, $250,000 130 for death and bodily injury per incident, and $50,000 for 131 property damage; and 132 2. Primary automobile insurance coverage that meets the 133 minimum requirements under ss. 627.730-627.7405. 134 (c) At all times other than the periods specified in 135 paragraph (b), the following automobile insurance requirements 136 apply if a driver has an agreement with a transportation network 137 company to provide any form of transportation service to riders: 138 1. Primary automobile liability insurance coverage of at 139 least $25,000 for death and bodily injury per person, $50,000 140 for death and bodily injury per incident, and $10,000 for 141 property damage; and 142 2. Primary automobile insurance that provides the minimum 143 requirements under ss. 627.730-627.7405. 144 (d) The coverage requirements of paragraphs (b) and (c) may 145 be satisfied by automobile insurance maintained by the 146 transportation network company driver, by the transportation 147 network company, or by a combination of both. 148 (e) If the insurance maintained by a driver under paragraph 149 (b) lapses or does not provide the required coverage, the 150 transportation network company must maintain insurance that 151 provides the coverage required by this section beginning with 152 the first dollar of a claim and must obligate the insurer to 153 defend such a claim in this state. 154 (f) Coverage under an automobile insurance policy 155 maintained by the transportation network company may not be 156 contingent on a denial of a claim under the driver’s personal 157 automobile liability insurance policy, nor shall a personal 158 automobile insurer be required to first deny a claim. 159 (g) Automobile insurance required by this section must be 160 provided by an insurer authorized to do business in this state 161 which is a member of the Florida Insurance Guaranty Association 162 or an eligible surplus lines insurer that has a superior, an 163 excellent, an exceptional, or an equivalent financial strength 164 rating by a rating agency acceptable to the office. 165 (h) Automobile insurance that satisfies the requirements of 166 this section is deemed to satisfy the financial responsibility 167 requirements imposed under chapter 324 and the security 168 requirements imposed under s. 627.733. However, the provision of 169 transportation to persons for compensation that is not covered 170 under this section subjects a vehicle and driver to the 171 requirements of chapters 320 and 324. 172 (i) A transportation network company driver shall carry 173 proof of insurance coverage that meets the requirements of 174 paragraphs (b) and (c) at all times during his or her use of a 175 personal vehicle. In the event of an accident: 176 1. The driver shall provide the insurance coverage 177 information to the directly involved parties, automobile 178 insurers, and investigating law enforcement officers. Proof of 179 financial responsibility may be provided through a digital 180 telephone application under s. 316.646 which is controlled by a 181 transportation network company. 182 2. Upon request, the driver shall disclose to the directly 183 involved parties, automobile insurers, and investigating law 184 enforcement officers whether the driver, at the time of the 185 accident, was logged on to the transportation network company’s 186 digital network or engaged in a prearranged ride. 187 (j) Before a driver may accept a request for a prearranged 188 ride on the transportation network company’s digital network, 189 the transportation network company shall disclose in writing to 190 each transportation network company driver: 191 1. The type and limits of insurance coverage provided by 192 the transportation network company; 193 2. The type of automobile insurance coverage that the 194 driver must maintain while the driver uses a personal vehicle in 195 connection with the transportation network company; and 196 3. That the provision of rides for compensation, whether 197 prearranged or otherwise, which is not covered by this section 198 subjects the driver to the coverage requirements imposed by s. 199 324.032(1) and that failure to meet such limits subjects the 200 driver to penalties provided in s. 324.221, up to and including 201 a misdemeanor of the second degree. 202 (k) An insurer that provides personal automobile insurance 203 policies under this part may exclude from coverage under a 204 policy issued to an owner or operator of a personal vehicle any 205 loss or injury that occurs while a driver is logged on to a 206 transportation network company’s digital network or while a 207 driver is engaged in a prearranged ride. Such right to exclude 208 coverage applies to any coverage under an automobile insurance 209 policy, including, but not limited to: 210 1. Liability coverage for bodily injury and property 211 damage. 212 2. Personal injury protection coverage. 213 3. Uninsured and underinsured motorist coverage. 214 4. Medical payments coverage. 215 5. Comprehensive physical damage coverage. 216 6. Collision physical damage coverage. 217 (l) The exclusions authorized under paragraph (k) apply 218 notwithstanding any financial responsibility requirements under 219 chapter 324. This section does not require that a personal 220 automobile insurance policy provide coverage while the driver is 221 logged on to the transportation network company’s digital 222 network, while the driver is engaged in a prearranged ride, or 223 while the driver otherwise uses a personal vehicle to transport 224 riders for compensation. However, an insurer may elect to 225 provide coverage by contract or endorsement for such driver’s 226 personal vehicle used for such purposes. 227 (m) An insurer that excludes coverage as authorized under 228 paragraph (k): 229 1. Does not have a duty to defend or indemnify an excluded 230 claim. This section does not invalidate or limit an exclusion 231 contained in a policy, including any policy in use or approved 232 for use in this state before July 1, 2017. 233 2. Has a right of contribution against other insurers that 234 provide automobile insurance to the same driver in satisfaction 235 of the coverage requirements of this section at the time of 236 loss, if the insurer defends or indemnifies a claim against a 237 driver which is excluded under the terms of its policy. 238 (n) In a claims investigation, a transportation network 239 company and any insurer providing coverage for a claim under 240 this section shall cooperate to facilitate the exchange of 241 relevant information with directly involved parties and insurers 242 of the transportation network company driver, if applicable. 243 Such information must provide: 244 1. The precise times that a driver logged on and off the 245 transportation network company’s digital network during the 12 246 hour period immediately before and immediately after the 247 accident. 248 2. A clear description of the coverage, any exclusions, and 249 the limits provided under automobile insurance maintained under 250 this section. 251 (o) If a transportation network company’s insurer makes a 252 payment for a claim covered under comprehensive coverage or 253 collision coverage, the transportation network company shall 254 cause its insurer to issue the payment directly to the entity 255 repairing the vehicle or jointly to the owner of the vehicle and 256 the primary lienholder on the covered vehicle. 257 (4) Unless agreed to in a written contract, a 258 transportation network company is not deemed to control, direct, 259 or manage the personal vehicles that, or the transportation 260 network company drivers who, connect to its digital network. 261 (5) The Financial Services Commission may adopt rules to 262 administer this section. 263 Section 3. PREEMPTION.—Notwithstanding any other law, 264 transportation network company insurance requirements are 265 governed exclusively by this section and any rules adopted by 266 the Financial Services Commission to administer this section. 267 268 ================= T I T L E A M E N D M E N T ================ 269 And the title is amended as follows: 270 Delete lines 3 - 42 271 and insert: 272 insurance; amending s. 316.066, F.S.; requiring a 273 statement in certain crash reports as to whether any 274 driver at the time of the accident was providing a 275 prearranged ride or logged into a digital network of a 276 transportation network company; providing a criminal 277 penalty for a driver who provides a false statement to 278 a law enforcement officer in connection with certain 279 information; creating s. 627.748, F.S.; providing 280 legislative intent; defining terms; requiring a 281 transportation network company driver, or the 282 transportation network company on the driver’s behalf, 283 to maintain certain primary automobile insurance under 284 certain circumstances; providing coverage requirements 285 under specified circumstances; requiring a 286 transportation network company to maintain certain 287 insurance and obligate the insurer to defend a certain 288 claim if specified insurance by the driver lapses or 289 does not provide the required coverage; providing that 290 certain coverage may not be contingent on a claim 291 denial; specifying requirements for insurers who 292 provide certain automobile insurance; requiring a 293 transportation network company driver to carry proof 294 of certain insurance coverage at all times during his 295 or her use of a personal vehicle and to disclose 296 specified information in the event of an accident; 297 requiring a transportation network company to make 298 certain disclosures to transportation network company 299 drivers; authorizing insurers to exclude certain 300 coverages during specified periods for policies issued 301 to transportation network company drivers for personal 302 vehicles; requiring a transportation network company 303 and certain insurers to cooperate during a claims 304 investigation to facilitate the exchange of specified 305 information; requiring a transportation network 306 company to cause its insurer to issue payments for 307 claims directly to specified entities under certain 308 circumstances; providing that unless agreed to in a 309 written contract, a transportation network company is 310 not deemed to control, direct, or manage the personal 311 vehicles or transportation network company drivers 312 that connect to its digital network; authorizing the 313 Financial Services Commission to adopt rules; 314 providing for