Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1148
       
       
       
       
       
       
                                Ì898880OÎ898880                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2019           .                                
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       The Committee on Infrastructure and Security (Perry) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 212.0606, Florida Statutes, is amended
    6  to read:
    7         212.0606 Rental car surcharge.—
    8         (1) Except as provided in subsection (2), a surcharge of $2
    9  per day or any part of a day is imposed upon the lease or rental
   10  of a motor vehicle licensed for hire and designed to carry fewer
   11  than nine passengers regardless of whether the motor vehicle is
   12  licensed in this state. The surcharge applies to only the first
   13  30 days of the term of a lease or rental. The surcharge is
   14  subject to all applicable taxes imposed by this chapter. For
   15  purposes of this subsection, the term “rental of a motor
   16  vehicle” means the renting or leasing of a motor vehicle when
   17  the rental or lease is facilitated, in person or through digital
   18  means, by a motor vehicle rental company as defined in s.
   19  320.01(47), a car-sharing service as defined in s. 320.01(46),
   20  or a peer-to-peer car sharing program as defined in s.
   21  320.01(48) for consideration without transfer of the title of
   22  the motor vehicle.
   23         (2) A member of a car-sharing service as defined in
   24  320.01(46) who uses a motor vehicle as described in subsection
   25  (1) for less than 24 hours pursuant to an agreement with the
   26  car-sharing service shall pay a surcharge of $1 per usage. A
   27  member of a car-sharing service who uses the same motor vehicle
   28  for 24 hours or more shall pay a surcharge of $2 per day or any
   29  part of a day as provided in subsection (1). For purposes of
   30  this subsection, the term “car-sharing service” means a
   31  membership-based organization or business, or division thereof,
   32  which requires the payment of an application or membership fee
   33  and provides member access to motor vehicles:
   34         (a) Only at locations that are not staffed by car-sharing
   35  service personnel employed solely for the purpose of interacting
   36  with car-sharing service members;
   37         (b) Twenty-four hours per day, 7 days per week;
   38         (c) Only through automated means, including, but not
   39  limited to, smartphone applications or electronic membership
   40  cards;
   41         (d) On an hourly basis or for a shorter increment of time;
   42         (e) Without a separate fee for refueling the motor vehicle;
   43         (f) Without a separate fee for minimum financial
   44  responsibility liability insurance; and
   45         (g) Owned or controlled by the car-sharing service or its
   46  affiliates.
   47  
   48  The surcharge imposed under this subsection does not apply to
   49  the lease, rental, or use of a motor vehicle from a location
   50  owned, operated, or leased by or for the benefit of an airport
   51  or airport authority.
   52         (3) A peer-to-peer car-sharing program as defined in
   53  320.01(48) or a motor vehicle rental company as defined in
   54  320.01(47) which rents a motor vehicle as described in
   55  subsection (1) for less than 24 hours must pay a surcharge of $1
   56  per usage.
   57         (4)(3)(a) Notwithstanding s. 212.20, and less the costs of
   58  administration, 80 percent of the proceeds of this surcharge
   59  shall be deposited in the State Transportation Trust Fund, 15.75
   60  percent of the proceeds of this surcharge shall be deposited in
   61  the Tourism Promotional Trust Fund created in s. 288.122, and
   62  4.25 percent of the proceeds of this surcharge shall be
   63  deposited in the Florida International Trade and Promotion Trust
   64  Fund. For the purposes of this subsection, the term “proceeds of
   65  this surchargeof the surcharge means all funds collected and
   66  received by the department under this section, including
   67  interest and penalties on delinquent surcharges. The department
   68  shall provide the Department of Transportation rental car
   69  surcharge revenue information for the previous state fiscal year
   70  by September 1 of each year.
   71         (b) Notwithstanding any other provision of law, the
   72  proceeds deposited in the State Transportation Trust Fund shall
   73  be allocated on an annual basis in the Department of
   74  Transportation’s work program to each department district,
   75  except the Turnpike District. The amount allocated to each
   76  district shall be based on the amount of proceeds attributed to
   77  the counties within each respective district.
   78         (5)(4) Except as provided in this section, the department
   79  shall administer, collect, and enforce the surcharge as provided
   80  in this chapter.
   81         (a) For purposes of this subsection, the term “dealer”
   82  means a motor vehicle rental company as defined in s.
   83  320.01(47), a car-sharing service as defined in s. 320.01(46),
   84  or a peer-to-peer car sharing program as defined in s.
   85  320.01(48).
   86         (b)(a) The department shall require dealers to report
   87  surcharge collections according to the county to which the
   88  surcharge was attributed. For purposes of this section, the
   89  surcharge shall be attributed to the county where the rental
   90  agreement was entered into.
   91         (c)(b) Dealers who collect the rental car surcharge shall
   92  report to the department all surcharge revenues attributed to
   93  the county where the rental agreement was entered into on a
   94  timely filed return for each required reporting period. The
   95  provisions of this chapter which apply to interest and penalties
   96  on delinquent taxes apply to the surcharge. The surcharge shall
   97  not be included in the calculation of estimated taxes pursuant
   98  to s. 212.11. The dealer’s credit provided in s. 212.12 does not
   99  apply to any amount collected under this section.
  100         (6)(5) The surcharge imposed by this section does not apply
  101  to a motor vehicle provided at no charge to a person whose motor
  102  vehicle is being repaired, adjusted, or serviced by the entity
  103  providing the replacement motor vehicle.
  104         Section 2. Subsections (46), (47), and (48) are added to
  105  section 320.01, Florida Statutes, to read:
  106         320.01 Definitions, general.—As used in the Florida
  107  Statutes, except as otherwise provided, the term:
  108         (46) “Car-sharing service” means a membership-based
  109  organization or business, or division thereof, which requires
  110  the payment of an application fee or a membership fee and
  111  provides member access to motor vehicles:
  112         (a)Only at locations that are not staffed by car-sharing
  113  service personnel employed solely for the purpose of interacting
  114  with car-sharing service members;
  115         (b)Twenty-four hours per day, 7 days per week;
  116         (c)Only through automated means, including, but not
  117  limited to, smartphone applications or electronic membership
  118  cards;
  119         (d)On an hourly basis or for a shorter increment of time;
  120         (e)Without a separate fee for refueling the motor vehicle;
  121         (f)Without a separate fee for minimum financial
  122  responsibility liability insurance; and
  123         (g)Owned or controlled by the car-sharing service or its
  124  affiliates.
  125         (47) “Motor vehicle rental company” means any person who is
  126  in the business of providing motor vehicles to the public under
  127  a rental agreement for a period of 30 days or less for
  128  consideration.
  129         (48) “Peer-to-peer car-sharing program” means a business
  130  platform that connects vehicle owners with drivers to enable the
  131  renting of vehicles for financial consideration.
  132         Section 3. Section 320.0605, Florida Statutes, is amended
  133  to read:
  134         320.0605 Certificate of registration; possession required;
  135  exception.—
  136         (1)(a) The registration certificate or an official copy
  137  thereof, a true copy or an electronic copy of rental or lease
  138  documentation issued for a motor vehicle or issued for a
  139  replacement vehicle in the same registration period, a temporary
  140  receipt printed upon self-initiated electronic renewal of a
  141  registration via the Internet, or a cab card issued for a
  142  vehicle registered under the International Registration Plan
  143  shall, at all times while the vehicle is being used or operated
  144  on the roads of this state, be in the possession of the operator
  145  thereof or be carried in the vehicle for which issued and shall
  146  be exhibited upon demand of any authorized law enforcement
  147  officer or any agent of the department, except for a vehicle
  148  registered under s. 320.0657. The provisions of this section do
  149  not apply during the first 30 days after purchase of a
  150  replacement vehicle. A violation of this section is a
  151  noncriminal traffic infraction, punishable as a nonmoving
  152  violation as provided in chapter 318.
  153         (b)1. The act of presenting to a law enforcement officer or
  154  agent of the department an electronic device displaying an
  155  electronic copy of rental or lease documentation does not
  156  constitute consent for the officer or agent to access any
  157  information on the device other than the displayed rental or
  158  lease documentation.
  159         2. The person who presents the device to the officer or
  160  agent assumes liability for any resulting damage to the device.
  161         (2) Rental or lease documentation that is sufficient to
  162  satisfy the requirement in subsection (1) includes the
  163  following:
  164         (a) Date of rental and time of exit from rental facility;
  165         (b) Rental station identification;
  166         (c) Rental agreement number;
  167         (c)(d) Rental vehicle identification number;
  168         (d)(e) Rental vehicle license plate number and state of
  169  registration;
  170         (e)(f) Vehicle’s make, model, and color;
  171         (f)(g) Vehicle’s mileage; and
  172         (g)(h) Authorized renter’s name.
  173         Section 4. Section 322.38, Florida Statutes, is amended to
  174  read:
  175         322.38 Renting motor vehicle to another.—
  176         (1) A No person may not shall rent a motor vehicle to any
  177  other person unless the other latter person is then duly
  178  licensed, or, if a nonresident, he or she shall be licensed
  179  under the laws of the state or country of his or her residence,
  180  except a nonresident whose home state or country does not
  181  require that an operator be licensed.
  182         (2) A No person may not shall rent a motor vehicle to
  183  another until he or she has inspected the driver license of the
  184  person to whom the vehicle is to be rented, and has compared and
  185  verified that the driver license is unexpired signature thereon
  186  with the signature of such person written in his or her
  187  presence.
  188         (3) Every person renting a motor vehicle to another shall
  189  keep a record of the registration number of the motor vehicle so
  190  rented, the name and address of the person to whom the vehicle
  191  is rented, the number of the license of said latter person, and
  192  the date and place when and where the said license was issued.
  193  Such record shall be open to inspection by any police officer,
  194  or officer or employee of the department.
  195         (4) If a motor vehicle is rented to a person through
  196  digital, electronic, or other means that allow the renter to
  197  obtain possession of the motor vehicle without direct contact
  198  with an owner or agent or an employee of an entity owning the
  199  vehicle, or if the renter does not execute a rental contract at
  200  the time that he or she takes possession of the vehicle, it must
  201  be deemed that the requirements of subsections (1) and (2) are
  202  met when, at the time the renter enrolls in a membership
  203  program, master agreement, or other means of establishing use of
  204  the motor vehicle through a motor vehicle rental company as
  205  defined in s. 320.01(47) or peer-to-peer car-sharing program as
  206  defined in s. 320.01(48), or any time thereafter, the renter is
  207  required to verify that he or she is duly licensed and that the
  208  license is unexpired.
  209         Section 5. Section 331.17, Florida Statutes, is created to
  210  read:
  211         331.17 Transportation services at airports.—In order to
  212  facilitate the provision of service on the property of a
  213  publicly owned airport that is open for public use, a motor
  214  vehicle rental company as defined in 320.01(47), a car-sharing
  215  service as defined in s. 320.01(46), or a peer-to-peer car
  216  sharing program defined in s 320.01(48) must enter an agreement
  217  with the airport to provide such services.
  218         Section 6. This act shall take effect July 1, 2019.
  219  
  220  ================= T I T L E  A M E N D M E N T ================
  221  And the title is amended as follows:
  222         Delete everything before the enacting clause
  223  and insert:
  224                        A bill to be entitled                      
  225         An act relating to vehicles for rent or lease;
  226         amending s. 212.0606, F.S.; defining the term “rental
  227         of a motor vehicle”; requiring a member of a certain
  228         car-sharing service who uses a motor vehicle for less
  229         than a specified period of time pursuant to an
  230         agreement with the car-sharing service to pay a
  231         specified surcharge per usage; deleting a definition;
  232         requiring that a certain peer-to-peer car-sharing
  233         program or motor vehicle rental company pay a
  234         specified surcharge per usage; defining the term
  235         “dealer”; amending s. 320.01, F.S.; defining terms;
  236         amending s. 320.0605, F.S.; authorizing an electronic
  237         copy of certain rental or lease documentation to be in
  238         the possession of the vehicle operator or carried in
  239         the vehicle and to be exhibited upon demand of any
  240         authorized law enforcement officer or any agent of the
  241         Department of Highway Safety and Motor Vehicles;
  242         providing that the act of presenting a certain
  243         electronic device to the officer or agent does not
  244         constitute consent for the officer or agent to access
  245         any information on the device other than the displayed
  246         rental or lease documentation; providing for
  247         assumption of liability for any resulting damage to
  248         the device; revising requirements for rental or lease
  249         documentation; amending s. 322.38, F.S.; prohibiting a
  250         person from renting a motor vehicle to another person
  251         unless he or she has verified that the renter’s driver
  252         license is unexpired; requiring that a person renting
  253         a motor vehicle to another person keep a record of the
  254         place where the renter’s license was issued; providing
  255         that, under certain circumstances, specified
  256         requirements are deemed met when a renter is required
  257         at certain times to verify that he or she is duly
  258         licensed and that the license is unexpired; creating
  259         s. 331.17, F.S.; requiring a motor vehicle rental
  260         company, car-sharing service, or a peer-to-peer car
  261         sharing program to enter an agreement with certain
  262         publicly owned airports for certain purposes;
  263         providing an effective date.