Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 1352
Ì289278]Î289278
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/03/2020 .
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The Committee on Rules (Brandes) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present paragraphs (f) and (g) of subsection
6 (1), present subsections (11) through (14), and present
7 subsection (15) of section 627.748, Florida Statutes, are
8 redesignated as paragraphs (g) and (h) of subsection (1),
9 subsections (12) through (15), and subsection (17),
10 respectively, a new paragraph (f) is added to subsection (1) and
11 a new subsection (11) and subsections (16) and (18) are added to
12 that section, and paragraphs (b) and (e) and present paragraph
13 (g) of subsection (1), subsection (2), paragraphs (b) and (c) of
14 subsection (7), and paragraph (a) of present subsection (15) of
15 that section are amended, to read:
16 627.748 Transportation network companies.—
17 (1) DEFINITIONS.—As used in this section, the term:
18 (b) “Prearranged ride” means the provision of
19 transportation by a TNC driver to a rider, beginning when a TNC
20 driver accepts a ride requested by a rider through a digital
21 network controlled by a transportation network company,
22 continuing while the TNC driver transports the rider, and ending
23 when the last rider exits from and is no longer occupying the
24 TNC vehicle. The term does not include a taxicab, for-hire
25 vehicle, or street hail service and does not include ridesharing
26 as defined in s. 341.031, carpool as defined in s. 450.28, or
27 any other type of service in which the driver receives a fee
28 that does not exceed the driver’s cost to provide the ride.
29 (e) “Transportation network company” or “TNC” means an
30 entity operating in this state pursuant to this section using a
31 digital network to connect a rider to a TNC driver, who provides
32 prearranged rides. A TNC is not deemed to own, control, operate,
33 direct, or manage the TNC vehicles or TNC drivers that connect
34 to its digital network, except where agreed to by written
35 contract, and is not a taxicab association or for-hire vehicle
36 owner. An individual, corporation, partnership, sole
37 proprietorship, or other entity that arranges medical
38 transportation for individuals qualifying for Medicaid or
39 Medicare pursuant to a contract with the state or a managed care
40 organization is not a TNC. This section does not prohibit a TNC
41 from providing prearranged rides to individuals who qualify for
42 Medicaid or Medicare if it meets the requirements of this
43 section.
44 (f) “Transportation network company digital advertising
45 device” or “TNC digital advertising device” means a device no
46 larger than 20 inches tall and 54 inches long that is fixed to
47 the roof of a TNC vehicle and that displays advertisements on a
48 digital screen only when the TNC vehicle is turned on.
49 (h)(g) “Transportation network company vehicle” or “TNC
50 vehicle” means a vehicle that is not a taxicab or, jitney,
51 limousine, or for-hire vehicle as defined in s. 320.01(15) and
52 that is:
53 1. Used by a TNC driver to offer or provide a prearranged
54 ride; and
55 2. Owned, leased, or otherwise authorized to be used by the
56 TNC driver.
57
58 Notwithstanding any other provision of law, a vehicle that is
59 let or rented to another for consideration, or a motor vehicle
60 compliant with the Americans with Disabilities Act which is
61 owned and used by a company that uses a digital network to
62 facilitate prearranged rides to persons with disabilities for
63 compensation, may be used as a TNC vehicle.
64 (2) NOT OTHER CARRIERS.—A TNC or TNC driver is not a common
65 carrier, contract carrier, or motor carrier and does not provide
66 taxicab or for-hire vehicle service. In addition, a TNC driver
67 is not required to register the vehicle that the TNC driver uses
68 to provide prearranged rides as a commercial motor vehicle or a
69 for-hire vehicle.
70 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
71 REQUIREMENTS.—
72 (b) The following automobile insurance requirements apply
73 while a participating TNC driver is logged on to the digital
74 network but is not engaged in a prearranged ride:
75 1. Automobile insurance that provides:
76 a. A primary automobile liability coverage of at least
77 $50,000 for death and bodily injury per person, $100,000 for
78 death and bodily injury per incident, and $25,000 for property
79 damage;
80 b. Personal injury protection benefits that meet the
81 minimum coverage amounts required under ss. 627.730-627.7405;
82 and
83 c. Uninsured and underinsured vehicle coverage as required
84 by s. 627.727.
85 2. The coverage requirements of this paragraph may be
86 satisfied by any of the following:
87 a. Automobile insurance maintained by the TNC driver or the
88 TNC vehicle owner;
89 b. Automobile insurance maintained by the TNC; or
90 c. A combination of sub-subparagraphs a. and b.
91 (c) The following automobile insurance requirements apply
92 while a TNC driver is engaged in a prearranged ride:
93 1. Automobile insurance that provides:
94 a. A primary automobile liability coverage of at least $1
95 million for death, bodily injury, and property damage;
96 b. Personal injury protection benefits that meet the
97 minimum coverage amounts required of a limousine under ss.
98 627.730-627.7405; and
99 c. Uninsured and underinsured vehicle coverage as required
100 by s. 627.727.
101 2. The coverage requirements of this paragraph may be
102 satisfied by any of the following:
103 a. Automobile insurance maintained by the TNC driver or the
104 TNC vehicle owner;
105 b. Automobile insurance maintained by the TNC; or
106 c. A combination of sub-subparagraphs a. and b.
107 (11) TRANSPORTATION NETWORK COMPANY DIGITAL ADVERTISING
108 DEVICE.—
109 (a) A TNC driver or his or her designee may contract with a
110 company to install a TNC digital advertising device on a TNC
111 vehicle.
112 (b) A TNC digital advertising device may be enabled with
113 cellular or WiFi-enabled data transmission and equipped with
114 GPS.
115 (c) A TNC digital advertising device may display
116 advertisements only when the TNC vehicle is turned on.
117 (d) A TNC digital advertising device must follow the
118 lighting requirements of s. 316.2397.
119 (e) No portion of the TNC digital advertising device may
120 extend beyond the front or rear windshield of the vehicle, nor
121 may it impact the TNC driver’s vision.
122 (f) A TNC digital advertising device must display
123 advertisements only to the sides of the vehicle and not to the
124 front or rear of the vehicle. Identification of the provider
125 does not constitute advertising under this paragraph.
126 (g) A TNC digital advertising device must, at a minimum,
127 meet the requirements of the MIL-STD-810G standard or other
128 reasonable environmental and safety industry standard, as
129 determined through independent safety and durability testing
130 under the review of a licensed professional engineer, before
131 being installed on a TNC vehicle.
132 (h) A TNC digital advertising device may not display
133 advertisements for illegal products or services or
134 advertisements that include nudity or violent images.
135 (i)1. A TNC driver or TNC vehicle owner, or an owner or
136 operator of a TNC digital advertising device that displays or
137 disseminates an advertisement on behalf of another, is exempt
138 from violations of this subsection or s. 501.212(2) or any other
139 violation of the Florida Deceptive and Unfair Trade Practices
140 Act resulting from display of an advertisement on a digital
141 advertising device unless the TNC driver, TNC vehicle owner, or
142 owner or operator of a TNC digital advertising device has actual
143 knowledge that the advertisement violates this section or the
144 Florida Deceptive and Unfair Trade Practices Act.
145 2. A TNC that is not the owner or operator of a TNC digital
146 advertising device is exempt from any violation of this
147 subsection or the Florida Deceptive and Unfair Trade Practices
148 Act resulting from display of an advertisement on a TNC digital
149 advertising device unless the advertisement is displayed on
150 behalf of the TNC.
151 (j) For the purposes of this chapter, a TNC digital
152 advertising device shall be deemed part of a TNC vehicle.
153 (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
154 (a) As used in this section, the term “luxury ground
155 transportation network company” or “luxury ground TNC” means a
156 company that:
157 1. Meets the requirements of paragraph (b).
158 2. Notwithstanding other provisions of this section, uses a
159 digital network to connect riders exclusively to drivers who
160 operate for-hire vehicles as defined in s. 320.01(15), including
161 limousines and luxury sedans and excluding taxicabs.
162 (b) An entity may elect, upon written notification to the
163 department, to be regulated as a luxury ground TNC. A luxury
164 ground TNC must:
165 1. Comply with all of the requirements of this section
166 applicable to a TNC, including subsection (17), which do not
167 conflict with subparagraph 2. or which do not prohibit the
168 company from connecting riders to drivers who operate for-hire
169 vehicles as defined in 320.01(15), including limousines and
170 luxury sedans and excluding taxicabs.
171 2. Maintain insurance coverage as required by subsection
172 (7). However, if a prospective luxury ground TNC satisfies
173 minimum financial responsibility through compliance with s.
174 324.032(2) by using self-insurance when it gives the department
175 written notification of its election to be regulated as a luxury
176 ground TNC, the luxury ground TNC may use self-insurance to meet
177 the insurance requirements of subsection (7), so long as such
178 self-insurance complies with s. 324.032(2) and provides the
179 limits of liability required by subsection (7).
180 (17)(15) PREEMPTION.—
181 (a) It is the intent of the Legislature to provide for
182 uniformity of laws governing TNCs, TNC drivers, and TNC
183 vehicles, luxury ground TNCs, luxury ground TNC drivers, and
184 luxury ground TNC vehicles throughout the state. TNCs, TNC
185 drivers, and TNC vehicles, luxury ground TNCs, luxury ground TNC
186 drivers, and luxury ground TNC vehicles are governed exclusively
187 by state law, including in any locality or other jurisdiction
188 that enacted a law or created rules governing TNCs, TNC drivers,
189 or TNC vehicles, luxury ground TNCs, luxury ground TNC drivers,
190 or luxury ground TNC vehicles before July 1, 2017. A county,
191 municipality, special district, airport authority, port
192 authority, or other local governmental entity or subdivision may
193 not:
194 1. Impose a tax on, or require a license for, a TNC, a TNC
195 driver, or a TNC vehicle, a luxury ground TNC, a luxury ground
196 TNC driver, or a luxury ground TNC vehicle if such tax or
197 license relates to providing prearranged rides;
198 2. Subject a TNC, a TNC driver, or a TNC vehicle, a luxury
199 ground TNC, a luxury ground TNC driver, or a luxury ground TNC
200 vehicle to any rate, entry, operation, or other requirement of
201 the county, municipality, special district, airport authority,
202 port authority, or other local governmental entity or
203 subdivision; or
204 3. Require a TNC, or a TNC driver, a luxury ground TNC, or
205 a luxury ground TNC driver to obtain a business license or any
206 other type of similar authorization to operate within the local
207 governmental entity’s jurisdiction.
208 (18) VICARIOUS LIABILITY.—
209 (a) A TNC shall not be liable under the law of this state
210 by reason of owning, operating, or maintaining the digital
211 network accessed by a TNC driver or rider, or by being the TNC
212 affiliated with a TNC driver, for harm to persons or property
213 that results or arises out of the use, operation, or possession
214 of a motor vehicle operating as a TNC vehicle while the driver
215 is logged on to the digital network if:
216 1. There is no negligence under this section or criminal
217 wrongdoing under the federal criminal code or the criminal laws
218 of this state on the part of the TNC;
219 2. The TNC has fulfilled all of its obligations under this
220 section with respect to the TNC driver; and
221 3. The TNC is not the owner or bailee of the motor vehicle
222 that causes harm to persons or property.
223 (b) Nothing in this subsection shall alter or reduce the
224 coverage or policy limits of the insurance requirements of
225 subsection (7) or the liability of any person other than the
226 vicarious liability of a TNC under paragraph (a).
227 Section 2. This act shall take effect upon becoming a law.
228
229 ================= T I T L E A M E N D M E N T ================
230 And the title is amended as follows:
231 Delete everything before the enacting clause
232 and insert:
233 A bill to be entitled
234 An act relating to transportation companies; amending
235 s. 627.748, F.S.; redefining terms; defining the term
236 “transportation network company digital advertising
237 device”; deleting for-hire vehicles from the list of
238 vehicles that are excluded from transportation network
239 company (TNC) provisions; providing that TNC vehicle
240 owners may maintain required insurance coverages;
241 authorizing TNC drivers or their designees to contract
242 with companies to install TNC digital advertising
243 devices on TNC vehicles; providing requirements and
244 restrictions for such devices; providing immunity from
245 certain liability for TNC drivers, TNC vehicle owners,
246 owners and operators of TNC digital advertising
247 devices, and TNCs except under certain circumstances;
248 providing construction relating to such devices;
249 defining the term “luxury ground transportation
250 network company”; authorizing entities to elect to be
251 regulated as luxury ground TNCs by notifying the
252 Department of Financial Services; providing
253 requirements for luxury ground TNCs; providing for
254 preemption over local law on the governance of luxury
255 ground TNCs, luxury ground TNC drivers, and luxury
256 ground TNC vehicles; providing that TNCs are not
257 liable for certain harm to persons or property if
258 certain conditions are met; providing construction
259 relating to insurance coverage and liability;
260 providing an effective date.