Florida Senate - 2020                                    SB 1352
       By Senator Brandes
       24-01587A-20                                          20201352__
    1                        A bill to be entitled                      
    2         An act relating to transportation companies; amending
    3         s. 627.748, F.S.; revising definitions; defining the
    4         term “transportation network company digital
    5         advertising device”; deleting for-hire vehicles from
    6         the list of vehicles that are not considered
    7         transportation network company (TNC) carriers or are
    8         not exempt from certain registration; authorizing TNC
    9         drivers or their designees to contract with a company
   10         for the installment of TNC digital advertising
   11         devices; providing requirements for such devices;
   12         requiring companies operating such devices to allocate
   13         a specified percentage of advertisement inventory to
   14         certain organizations; providing construction;
   15         defining the term “luxury ground transportation
   16         company”; authorizing entities to be regulated as
   17         luxury ground TNCs; providing requirements; providing
   18         that luxury ground TNCs, luxury ground TNC drivers,
   19         and luxury ground TNC vehicles are governed
   20         exclusively by state law; prohibiting local
   21         governmental entities from taking specified actions
   22         with respect to luxury ground TNCs, luxury ground TNC
   23         drivers, and luxury ground TNC vehicles and providing
   24         for retroactive applicability; providing an effective
   25         date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Paragraphs (f) and (g) of subsection (1),
   30  subsections (11) through (14), and subsection (15) of section
   31  627.748, Florida Statutes, are redesignated as paragraphs (g)
   32  and (h) of subsection (1), subsections (12) through (15), and
   33  subsection (17), respectively, a new paragraph (f) is added to
   34  subsection (1) and a new subsection (11) and subsection (16) are
   35  added to that section, and paragraphs (b) and (e) and present
   36  paragraph (g) of subsection (1), subsection (2), and paragraph
   37  (a) of present subsection (15) of that section are amended, to
   38  read:
   39         627.748 Transportation network companies.—
   40         (1) DEFINITIONS.—As used in this section, the term:
   41         (b) “Prearranged ride” means the provision of
   42  transportation by a TNC driver to a rider, beginning when a TNC
   43  driver accepts a ride requested by a rider through a digital
   44  network controlled by a transportation network company,
   45  continuing while the TNC driver transports the rider, and ending
   46  when the last rider exits from and is no longer occupying the
   47  TNC vehicle. The term does not include a taxicab, for-hire
   48  vehicle, or street hail service and does not include ridesharing
   49  as defined in s. 341.031, carpool as defined in s. 450.28, or
   50  any other type of service in which the driver receives a fee
   51  that does not exceed the driver’s cost to provide the ride.
   52         (e) “Transportation network company” or “TNC” means an
   53  entity operating in this state pursuant to this section using a
   54  digital network to connect a rider to a TNC driver, who provides
   55  prearranged rides. A TNC is not deemed to own, control, operate,
   56  direct, or manage the TNC vehicles or TNC drivers that connect
   57  to its digital network, except where agreed to by written
   58  contract, and is not a taxicab association or for-hire vehicle
   59  owner. An individual, corporation, partnership, sole
   60  proprietorship, or other entity that arranges medical
   61  transportation for individuals qualifying for Medicaid or
   62  Medicare pursuant to a contract with the state or a managed care
   63  organization is not a TNC. This section does not prohibit a TNC
   64  from providing prearranged rides to individuals who qualify for
   65  Medicaid or Medicare if it meets the requirements of this
   66  section.
   67         (f)“Transportation network company digital advertising
   68  device” or “TNC digital advertising device” means a device no
   69  larger than 20 inches tall, not including the attachment
   70  mechanism, and 54 inches long, which is fixed to the roof of a
   71  TNC vehicle and which displays advertisements on a digital
   72  screen only while the TNC vehicle is turned on.
   73         (h)(g) “Transportation network company vehicle” or “TNC
   74  vehicle” means a vehicle that is not a taxicab or, jitney,
   75  limousine, or for-hire vehicle as defined in s. 320.01(15) and
   76  that is:
   77         1. Used by a TNC driver to offer or provide a prearranged
   78  ride; and
   79         2. Owned, leased, or otherwise authorized to be used by the
   80  TNC driver.
   82  Notwithstanding any other provision of law, a vehicle that is
   83  let or rented to another for consideration may be used as a TNC
   84  vehicle.
   85         (2) NOT OTHER CARRIERS.—A TNC or TNC driver is not a common
   86  carrier, contract carrier, or motor carrier and does not provide
   87  taxicab or for-hire vehicle service. In addition, a TNC driver
   88  is not required to register the vehicle that the TNC driver uses
   89  to provide prearranged rides as a commercial motor vehicle or a
   90  for-hire vehicle.
   92  DEVICE.—
   93         (a)A TNC driver or his or her designee may contract with a
   94  company to install a TNC digital advertising device on a TNC
   95  vehicle.
   96         (b)A TNC digital advertising device must be enabled with
   97  cellular or WiFi-enabled data transmission and equipped with
   98  GPS.
   99         (c)A TNC digital advertising device may not display
  100  advertisements when the TNC vehicle is parked and turned off.
  101         (d)A TNC digital advertising device must follow the
  102  lighting requirements of s. 316.2397.
  103         (e)No portion of the TNC digital advertising device may
  104  extend beyond the front or rear windshield of the vehicle, nor
  105  may it impact the TNC driver’s vision.
  106         (f)A TNC digital advertising device must display
  107  advertisements only to the sides of the vehicle and not to the
  108  front or rear of the vehicle. Identification of the provider
  109  does not constitute advertising under this paragraph.
  110         (g)A TNC digital advertising device must meet the
  111  requirements of the MIL-STD-810G standard, as determined through
  112  independent safety and durability testing under the review of a
  113  licensed professional engineer, before being installed on a TNC
  114  vehicle.
  115         (h)A TNC digital advertising device may not display
  116  advertisements for illegal products or services or
  117  advertisements that include nudity, violent images, or
  118  disparaging or false advertisements.
  119         (i)A company operating a TNC digital advertising device
  120  shall allocate 10 percent of all advertisement inventory for
  121  government, not-for-profit, or charitable organizations at no
  122  cost.
  123         (j)For the purposes of this chapter, a TNC digital
  124  advertising device shall be deemed part of a TNC vehicle.
  126         (a)As used in this subsection, the term “luxury ground
  127  transportation network company” or “luxury ground TNC” means a
  128  company that:
  129         1.Meets the requirements of paragraph (b).
  130         2.Notwithstanding other provisions of this section, uses
  131  its digital network to connect riders exclusively to drivers who
  132  operate for-hire vehicles as defined in s. 320.01(15), including
  133  limousines and luxury sedans and excluding taxicabs.
  134         (b)An entity may elect, upon written notification to the
  135  department, to be regulated as a luxury ground TNC. A luxury
  136  ground TNC must:
  137         1.Comply with all of the requirements of this section
  138  applicable to a TNC, including subsection (17), which do not
  139  conflict with subparagraph 2. or which prohibit the company from
  140  connecting riders to drivers who operate for-hire vehicles as
  141  defined in 320.01(15), including limousines and luxury sedans
  142  and excluding taxicabs.
  143         2.Maintain at all times insurance coverage at the levels
  144  at least equal to the greater of those required in this section
  145  and those required of for-hire vehicles, regardless of whether
  146  the driver is operating as a for-hire vehicle driver or luxury
  147  ground TNC driver. However, a prospective luxury ground TNC that
  148  satisfies minimum financial responsibility at the time of
  149  written notification to the department through compliance with
  150  s. 324.032(2) by using self-insurance may continue to use self
  151  insurance to satisfy the requirements of this subparagraph.
  152         (17)(15) PREEMPTION.—
  153         (a) It is the intent of the Legislature to provide for
  154  uniformity of laws governing TNCs, TNC drivers, and TNC
  155  vehicles, luxury ground TNCs, luxury ground TNC drivers, and
  156  luxury ground TNC vehicles throughout the state. TNCs, TNC
  157  drivers, and TNC vehicles, luxury ground TNCs, luxury ground TNC
  158  drivers, and luxury ground TNC vehicles are governed exclusively
  159  by state law, including in any locality or other jurisdiction
  160  that enacted a law or created rules governing TNCs, TNC drivers,
  161  or TNC vehicles, luxury ground TNCs, luxury ground TNC drivers,
  162  or luxury ground TNC vehicles before July 1, 2017. A county,
  163  municipality, special district, airport authority, port
  164  authority, or other local governmental entity or subdivision may
  165  not:
  166         1. Impose a tax on, or require a license for, a TNC, a TNC
  167  driver, or a TNC vehicle, a luxury ground TNC, a luxury ground
  168  TNC driver, or a luxury ground TNC vehicle if such tax or
  169  license relates to providing prearranged rides;
  170         2. Subject a TNC, a TNC driver, or a TNC vehicle, a luxury
  171  ground TNC, a luxury ground TNC driver, or a luxury ground TNC
  172  vehicle to any rate, entry, operation, or other requirement of
  173  the county, municipality, special district, airport authority,
  174  port authority, or other local governmental entity or
  175  subdivision; or
  176         3. Require a TNC, or a TNC driver, a luxury ground TNC, or
  177  a luxury ground TNC driver to obtain a business license or any
  178  other type of similar authorization to operate within the local
  179  governmental entity’s jurisdiction.
  180         Section 2. This act shall take effect upon becoming a law.