Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1352
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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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.