Florida Senate - 2019                             CS for SB 1148
       
       
        
       By the Committee on Infrastructure and Security; and Senator
       Perry
       
       
       
       
       596-03297-19                                          20191148c1
    1                        A bill to be entitled                      
    2         An act relating to vehicles for rent or lease;
    3         amending s. 212.0606, F.S.; defining the term “rental
    4         of a motor vehicle”; requiring a member of a certain
    5         car-sharing service who uses a motor vehicle for less
    6         than a specified period of time pursuant to an
    7         agreement with the car-sharing service to pay a
    8         specified surcharge per usage; deleting a definition;
    9         requiring that a certain peer-to-peer car-sharing
   10         program or motor vehicle rental company pay a
   11         specified surcharge per usage; defining the term
   12         “dealer”; amending s. 320.01, F.S.; defining terms;
   13         amending s. 320.0605, F.S.; authorizing an electronic
   14         copy of certain rental or lease documentation to be in
   15         the possession of the vehicle operator or carried in
   16         the vehicle and to be exhibited upon demand of any
   17         authorized law enforcement officer or any agent of the
   18         Department of Highway Safety and Motor Vehicles;
   19         providing that the act of presenting a certain
   20         electronic device to the officer or agent does not
   21         constitute consent for the officer or agent to access
   22         any information on the device other than the displayed
   23         rental or lease documentation; providing for
   24         assumption of liability for any resulting damage to
   25         the device; revising requirements for rental or lease
   26         documentation; amending s. 322.38, F.S.; prohibiting a
   27         person from renting a motor vehicle to another person
   28         unless he or she has verified that the renter’s driver
   29         license is unexpired; requiring that a person renting
   30         a motor vehicle to another person keep a record of the
   31         place where the renter’s license was issued; providing
   32         that, under certain circumstances, specified
   33         requirements are deemed met when a renter is required
   34         at certain times to verify that he or she is duly
   35         licensed and that the license is unexpired; creating
   36         s. 331.17, F.S.; requiring a motor vehicle rental
   37         company, car-sharing service, or a peer-to-peer car
   38         sharing program to enter an agreement with certain
   39         publicly owned airports for certain purposes;
   40         providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 212.0606, Florida Statutes, is amended
   45  to read:
   46         212.0606 Rental car surcharge.—
   47         (1) Except as provided in subsection (2), a surcharge of $2
   48  per day or any part of a day is imposed upon the lease or rental
   49  of a motor vehicle licensed for hire and designed to carry fewer
   50  than nine passengers regardless of whether the motor vehicle is
   51  licensed in this state. The surcharge applies to only the first
   52  30 days of the term of a lease or rental. The surcharge is
   53  subject to all applicable taxes imposed by this chapter. For
   54  purposes of this subsection, the term “rental of a motor
   55  vehicle” means the renting or leasing of a motor vehicle when
   56  the rental or lease is facilitated, in person or through digital
   57  means, by a motor vehicle rental company as defined in s.
   58  320.01(47), a car-sharing service as defined in s. 320.01(46),
   59  or a peer-to-peer car sharing program as defined in s.
   60  320.01(48) for consideration without transfer of the title of
   61  the motor vehicle.
   62         (2) A member of a car-sharing service as defined in
   63  320.01(46) who uses a motor vehicle as described in subsection
   64  (1) for less than 24 hours pursuant to an agreement with the
   65  car-sharing service shall pay a surcharge of $1 per usage. A
   66  member of a car-sharing service who uses the same motor vehicle
   67  for 24 hours or more shall pay a surcharge of $2 per day or any
   68  part of a day as provided in subsection (1). For purposes of
   69  this subsection, the term “car-sharing service” means a
   70  membership-based organization or business, or division thereof,
   71  which requires the payment of an application or membership fee
   72  and provides member access to motor vehicles:
   73         (a) Only at locations that are not staffed by car-sharing
   74  service personnel employed solely for the purpose of interacting
   75  with car-sharing service members;
   76         (b) Twenty-four hours per day, 7 days per week;
   77         (c) Only through automated means, including, but not
   78  limited to, smartphone applications or electronic membership
   79  cards;
   80         (d) On an hourly basis or for a shorter increment of time;
   81         (e) Without a separate fee for refueling the motor vehicle;
   82         (f) Without a separate fee for minimum financial
   83  responsibility liability insurance; and
   84         (g) Owned or controlled by the car-sharing service or its
   85  affiliates.
   86  
   87  The surcharge imposed under this subsection does not apply to
   88  the lease, rental, or use of a motor vehicle from a location
   89  owned, operated, or leased by or for the benefit of an airport
   90  or airport authority.
   91         (3) A peer-to-peer car-sharing program as defined in
   92  320.01(48) or a motor vehicle rental company as defined in
   93  320.01(47) which rents a motor vehicle as described in
   94  subsection (1) for less than 24 hours must pay a surcharge of $1
   95  per usage.
   96         (4)(3)(a) Notwithstanding s. 212.20, and less the costs of
   97  administration, 80 percent of the proceeds of this surcharge
   98  shall be deposited in the State Transportation Trust Fund, 15.75
   99  percent of the proceeds of this surcharge shall be deposited in
  100  the Tourism Promotional Trust Fund created in s. 288.122, and
  101  4.25 percent of the proceeds of this surcharge shall be
  102  deposited in the Florida International Trade and Promotion Trust
  103  Fund. For the purposes of this subsection, the term “proceeds of
  104  this surchargeof the surcharge means all funds collected and
  105  received by the department under this section, including
  106  interest and penalties on delinquent surcharges. The department
  107  shall provide the Department of Transportation rental car
  108  surcharge revenue information for the previous state fiscal year
  109  by September 1 of each year.
  110         (b) Notwithstanding any other provision of law, the
  111  proceeds deposited in the State Transportation Trust Fund shall
  112  be allocated on an annual basis in the Department of
  113  Transportation’s work program to each department district,
  114  except the Turnpike District. The amount allocated to each
  115  district shall be based on the amount of proceeds attributed to
  116  the counties within each respective district.
  117         (5)(4) Except as provided in this section, the department
  118  shall administer, collect, and enforce the surcharge as provided
  119  in this chapter.
  120         (a) For purposes of this subsection, the term “dealer”
  121  means a motor vehicle rental company as defined in s.
  122  320.01(47), a car-sharing service as defined in s. 320.01(46),
  123  or a peer-to-peer car sharing program as defined in s.
  124  320.01(48).
  125         (b)(a) The department shall require dealers to report
  126  surcharge collections according to the county to which the
  127  surcharge was attributed. For purposes of this section, the
  128  surcharge shall be attributed to the county where the rental
  129  agreement was entered into.
  130         (c)(b) Dealers who collect the rental car surcharge shall
  131  report to the department all surcharge revenues attributed to
  132  the county where the rental agreement was entered into on a
  133  timely filed return for each required reporting period. The
  134  provisions of this chapter which apply to interest and penalties
  135  on delinquent taxes apply to the surcharge. The surcharge shall
  136  not be included in the calculation of estimated taxes pursuant
  137  to s. 212.11. The dealer’s credit provided in s. 212.12 does not
  138  apply to any amount collected under this section.
  139         (6)(5) The surcharge imposed by this section does not apply
  140  to a motor vehicle provided at no charge to a person whose motor
  141  vehicle is being repaired, adjusted, or serviced by the entity
  142  providing the replacement motor vehicle.
  143         Section 2. Subsections (46), (47), and (48) are added to
  144  section 320.01, Florida Statutes, to read:
  145         320.01 Definitions, general.—As used in the Florida
  146  Statutes, except as otherwise provided, the term:
  147         (46) “Car-sharing service” means a membership-based
  148  organization or business, or division thereof, which requires
  149  the payment of an application fee or a membership fee and
  150  provides member access to motor vehicles:
  151         (a)Only at locations that are not staffed by car-sharing
  152  service personnel employed solely for the purpose of interacting
  153  with car-sharing service members;
  154         (b)Twenty-four hours per day, 7 days per week;
  155         (c)Only through automated means, including, but not
  156  limited to, smartphone applications or electronic membership
  157  cards;
  158         (d)On an hourly basis or for a shorter increment of time;
  159         (e)Without a separate fee for refueling the motor vehicle;
  160         (f)Without a separate fee for minimum financial
  161  responsibility liability insurance; and
  162         (g)Owned or controlled by the car-sharing service or its
  163  affiliates.
  164         (47) “Motor vehicle rental company” means any person who is
  165  in the business of providing motor vehicles to the public under
  166  a rental agreement for a period of 30 days or less for
  167  consideration.
  168         (48) “Peer-to-peer car-sharing program” means a business
  169  platform that connects vehicle owners with drivers to enable the
  170  renting of vehicles for financial consideration.
  171         Section 3. Section 320.0605, Florida Statutes, is amended
  172  to read:
  173         320.0605 Certificate of registration; possession required;
  174  exception.—
  175         (1)(a) The registration certificate or an official copy
  176  thereof, a true copy or an electronic copy of rental or lease
  177  documentation issued for a motor vehicle or issued for a
  178  replacement vehicle in the same registration period, a temporary
  179  receipt printed upon self-initiated electronic renewal of a
  180  registration via the Internet, or a cab card issued for a
  181  vehicle registered under the International Registration Plan
  182  shall, at all times while the vehicle is being used or operated
  183  on the roads of this state, be in the possession of the operator
  184  thereof or be carried in the vehicle for which issued and shall
  185  be exhibited upon demand of any authorized law enforcement
  186  officer or any agent of the department, except for a vehicle
  187  registered under s. 320.0657. The provisions of this section do
  188  not apply during the first 30 days after purchase of a
  189  replacement vehicle. A violation of this section is a
  190  noncriminal traffic infraction, punishable as a nonmoving
  191  violation as provided in chapter 318.
  192         (b)1. The act of presenting to a law enforcement officer or
  193  agent of the department an electronic device displaying an
  194  electronic copy of rental or lease documentation does not
  195  constitute consent for the officer or agent to access any
  196  information on the device other than the displayed rental or
  197  lease documentation.
  198         2. The person who presents the device to the officer or
  199  agent assumes liability for any resulting damage to the device.
  200         (2) Rental or lease documentation that is sufficient to
  201  satisfy the requirement in subsection (1) includes the
  202  following:
  203         (a) Date of rental and time of exit from rental facility;
  204         (b) Rental station identification;
  205         (c) Rental agreement number;
  206         (c)(d) Rental vehicle identification number;
  207         (d)(e) Rental vehicle license plate number and state of
  208  registration;
  209         (e)(f) Vehicle’s make, model, and color;
  210         (f)(g) Vehicle’s mileage; and
  211         (g)(h) Authorized renter’s name.
  212         Section 4. Section 322.38, Florida Statutes, is amended to
  213  read:
  214         322.38 Renting motor vehicle to another.—
  215         (1) A No person may not shall rent a motor vehicle to any
  216  other person unless the other latter person is then duly
  217  licensed, or, if a nonresident, he or she shall be licensed
  218  under the laws of the state or country of his or her residence,
  219  except a nonresident whose home state or country does not
  220  require that an operator be licensed.
  221         (2) A No person may not shall rent a motor vehicle to
  222  another until he or she has inspected the driver license of the
  223  person to whom the vehicle is to be rented, and has compared and
  224  verified that the driver license is unexpired signature thereon
  225  with the signature of such person written in his or her
  226  presence.
  227         (3) Every person renting a motor vehicle to another shall
  228  keep a record of the registration number of the motor vehicle so
  229  rented, the name and address of the person to whom the vehicle
  230  is rented, the number of the license of said latter person, and
  231  the date and place when and where the said license was issued.
  232  Such record shall be open to inspection by any police officer,
  233  or officer or employee of the department.
  234         (4) If a motor vehicle is rented to a person through
  235  digital, electronic, or other means that allow the renter to
  236  obtain possession of the motor vehicle without direct contact
  237  with an owner or agent or an employee of an entity owning the
  238  vehicle, or if the renter does not execute a rental contract at
  239  the time that he or she takes possession of the vehicle, it must
  240  be deemed that the requirements of subsections (1) and (2) are
  241  met when, at the time the renter enrolls in a membership
  242  program, master agreement, or other means of establishing use of
  243  the motor vehicle through a motor vehicle rental company as
  244  defined in s. 320.01(47) or peer-to-peer car-sharing program as
  245  defined in s. 320.01(48), or any time thereafter, the renter is
  246  required to verify that he or she is duly licensed and that the
  247  license is unexpired.
  248         Section 5. Section 331.17, Florida Statutes, is created to
  249  read:
  250         331.17 Transportation services at airports.—In order to
  251  facilitate the provision of service on the property of a
  252  publicly owned airport that is open for public use, a motor
  253  vehicle rental company as defined in 320.01(47), a car-sharing
  254  service as defined in s. 320.01(46), or a peer-to-peer car
  255  sharing program defined in s 320.01(48) must enter an agreement
  256  with the airport to provide such services.
  257         Section 6. This act shall take effect July 1, 2019.