Florida Senate - 2019                                    SB 1148
       By Senator Perry
       8-01273A-19                                           20191148__
    1                        A bill to be entitled                      
    2         An act relating to vehicles for rent or lease;
    3         amending s. 320.01, F.S.; revising the definition of
    4         the term “for-hire vehicle”; defining the terms
    5         “private motor vehicle” and “private motor vehicle
    6         rental program”; amending s. 320.0605, F.S.;
    7         authorizing an electronic copy of certain rental or
    8         lease documentation to be in the possession of the
    9         vehicle operator or carried in the vehicle and to be
   10         exhibited upon demand of any authorized law
   11         enforcement officer or any agent of the Department of
   12         Highway Safety and Motor Vehicles; providing that the
   13         act of presenting a certain electronic device to the
   14         officer or agent does not constitute consent for the
   15         officer or agent to access any information on the
   16         device other than the displayed rental or lease
   17         documentation; providing for assumption of liability
   18         for any resulting damage to the device; revising
   19         requirements for rental or lease documentation;
   20         amending s. 322.38, F.S.; prohibiting a person from
   21         renting a motor vehicle to another person unless he or
   22         she has verified that the renter’s driver license is
   23         unexpired; requiring that a person renting a motor
   24         vehicle to another person keep a record of the place
   25         where the renter’s license was issued; providing that,
   26         under certain circumstances, specified requirements
   27         are met when a renter is required at certain times to
   28         verify that he or she is duly licensed and that the
   29         license is unexpired; providing an effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Paragraph (a) of subsection (15) of section
   34  320.01, Florida Statutes, is amended, and subsections (46) and
   35  (47) are added to that section, to read:
   36         320.01 Definitions, general.—As used in the Florida
   37  Statutes, except as otherwise provided, the term:
   38         (15)(a) “For-hire vehicle” means any motor vehicle, when
   39  used for transporting persons or goods for compensation; let or
   40  rented to another for consideration; offered for rent or hire as
   41  a means of transportation for compensation; advertised in a
   42  newspaper or electronically, or generally held out as being for
   43  rent or hire; used in connection with a travel bureau; or
   44  offered or used to provide transportation for persons solicited
   45  through personal contact or advertised on a “share-expense”
   46  basis. The term includes a private motor vehicle that
   47  participates in a private motor vehicle rental program and is
   48  rented or offered for rent to another for consideration. When
   49  goods or passengers are transported for compensation in a motor
   50  vehicle outside a municipal corporation of this state, or when
   51  goods are transported in a motor vehicle not owned by the person
   52  owning the goods, such transportation is “for hire.” The
   53  carriage of goods and other personal property in a motor vehicle
   54  by a corporation or association for its stockholders,
   55  shareholders, and members, cooperative or otherwise, is
   56  transportation “for hire.”
   57         (46) “Private motor vehicle” means a motor vehicle owned by
   58  an individual and insured under a personal automobile liability
   59  insurance policy that lists a single individual, or individuals
   60  residing in the same household, as the named insured. This term
   61  does not include a motor vehicle with fewer than four wheels.
   62         (47) “Private motor vehicle rental program” is the means,
   63  digital or otherwise, by which a private motor vehicle is
   64  offered for rent by a person or entity who does not own the
   65  private motor vehicle.
   66         Section 2. Section 320.0605, Florida Statutes, is amended
   67  to read:
   68         320.0605 Certificate of registration; possession required;
   69  exception.—
   70         (1)(a) The registration certificate or an official copy
   71  thereof, a true copy or an electronic copy of rental or lease
   72  documentation issued for a motor vehicle or issued for a
   73  replacement vehicle in the same registration period, a temporary
   74  receipt printed upon self-initiated electronic renewal of a
   75  registration via the Internet, or a cab card issued for a
   76  vehicle registered under the International Registration Plan
   77  shall, at all times while the vehicle is being used or operated
   78  on the roads of this state, be in the possession of the operator
   79  thereof or be carried in the vehicle for which issued and shall
   80  be exhibited upon demand of any authorized law enforcement
   81  officer or any agent of the department, except for a vehicle
   82  registered under s. 320.0657. The provisions of this section do
   83  not apply during the first 30 days after purchase of a
   84  replacement vehicle. A violation of this section is a
   85  noncriminal traffic infraction, punishable as a nonmoving
   86  violation as provided in chapter 318.
   87         (b)1. The act of presenting to a law enforcement officer or
   88  agent of the department an electronic device displaying an
   89  electronic copy of rental or lease documentation does not
   90  constitute consent for the officer or agent to access any
   91  information on the device other than the displayed rental or
   92  lease documentation.
   93         2. The person who presents the device to the officer or
   94  agent assumes liability for any resulting damage to the device.
   95         (2) Rental or lease documentation that is sufficient to
   96  satisfy the requirement in subsection (1) includes the
   97  following:
   98         (a) Date of rental and time of exit from rental facility;
   99         (b) Rental station identification;
  100         (c) Rental agreement number;
  101         (c)(d) Rental vehicle identification number;
  102         (d)(e) Rental vehicle license plate number and state of
  103  registration;
  104         (e)(f) Vehicle’s make, model, and color;
  105         (f)(g) Vehicle’s mileage; and
  106         (g)(h) Authorized renter’s name.
  107         Section 3. Section 322.38, Florida Statutes, is amended to
  108  read:
  109         322.38 Renting motor vehicle to another.—
  110         (1) A No person may not shall rent a motor vehicle to any
  111  other person unless the other latter person is then duly
  112  licensed, or, if a nonresident, he or she shall be licensed
  113  under the laws of the state or country of his or her residence,
  114  except a nonresident whose home state or country does not
  115  require that an operator be licensed.
  116         (2) A No person may not shall rent a motor vehicle to
  117  another until he or she has inspected the driver license of the
  118  person to whom the vehicle is to be rented, and has compared and
  119  verified that the driver license is unexpired signature thereon
  120  with the signature of such person written in his or her
  121  presence.
  122         (3) Every person renting a motor vehicle to another shall
  123  keep a record of the registration number of the motor vehicle so
  124  rented, the name and address of the person to whom the vehicle
  125  is rented, the number of the license of said latter person, and
  126  the date and place when and where the said license was issued.
  127  Such record shall be open to inspection by any police officer,
  128  or officer or employee of the department.
  129         (4) If a motor vehicle is rented to a person through
  130  digital, electronic, or other means that allow the renter to
  131  obtain possession of the motor vehicle without direct contact
  132  with an owner or agent or employee of an entity owning the
  133  vehicle, or if the renter does not execute a rental contract at
  134  the time he or she takes possession of the vehicle, it must be
  135  deemed that the requirements of subsections (1) and (2) are met
  136  when, at the time the renter enrolls in a membership program,
  137  master agreement, or other means of establishing use of the
  138  rental car company or private motor vehicle program services, or
  139  any time thereafter, the renter is required to verify that he or
  140  she is duly licensed and that the license is unexpired.
  141         Section 4. This act shall take effect July 1, 2019.