Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1118
       
       
       
       
       
       
                                Ì3824183Î382418                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/19/2016           .                                
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       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