Florida Senate - 2020 CS for SB 1352
By the Committee on Innovation, Industry, and Technology; and
Senator Brandes
580-03374-20 20201352c1
1 A bill to be entitled
2 An act relating to transportation companies; amending
3 s. 320.01, F.S.; revising the definition of the term
4 “for-hire vehicle” to exclude transportation network
5 company (TNC) vehicles and certain motor vehicles used
6 for prearranged rides for persons with disabilities
7 for compensation; amending s. 627.748, F.S.; revising
8 and providing definitions; deleting for-hire vehicles
9 from the list of vehicles that are not considered TNC
10 carriers or are not exempt from certain registration;
11 providing that TNC vehicle owners may maintain
12 required insurance coverages; authorizing TNC drivers
13 or their designees to contract with companies to
14 install TNC digital advertising devices on TNC
15 vehicles; providing requirements and restrictions for
16 such devices; providing immunity from certain
17 liability for TNC drivers and owners and operators of
18 TNC digital advertising devices; providing exceptions;
19 providing construction relating to such devices;
20 authorizing entities to elect to be regulated as
21 luxury ground TNCs by notifying the Department of
22 Financial Services; providing requirements for luxury
23 ground TNCs; providing for preemption over local law
24 on the governance of luxury ground TNCs, luxury ground
25 TNC drivers, and luxury ground TNC vehicles; providing
26 that TNCs are not liable for certain harm to persons
27 or property if certain conditions are met; providing
28 construction relating to insurance coverage and
29 liability; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Paragraph (b) of subsection (15) of section
34 320.01, Florida Statutes, is amended to read:
35 320.01 Definitions, general.—As used in the Florida
36 Statutes, except as otherwise provided, the term:
37 (15)
38 (b) The following are not included in the term “for-hire
39 vehicle”: a motor vehicle used for transporting school children
40 to and from school under contract with school officials; a
41 hearse or ambulance when operated by a licensed embalmer or
42 mortician or his or her agent or employee in this state; a motor
43 vehicle used in the transportation of agricultural or
44 horticultural products or in transporting agricultural or
45 horticultural supplies direct to growers or the consumers of
46 such supplies or to associations of such growers or consumers; a
47 motor vehicle temporarily used by a farmer for the
48 transportation of agricultural or horticultural products from
49 any farm or grove to a packinghouse or to a point of shipment by
50 a transportation company; or a motor vehicle not exceeding 1 1/2
51 tons under contract with the Government of the United States to
52 carry United States mail, provided such vehicle is not used for
53 commercial purposes; a TNC vehicle as defined in s. 627.748(1);
54 or a motor vehicle compliant with the Americans with
55 Disabilities Act which is owned and used by a company that uses
56 a digital network to facilitate prearranged rides to persons
57 with disabilities for compensation.
58 Section 2. Present paragraphs (f) and (g) of subsection
59 (1), present subsections (11) through (14), and present
60 subsection (15) of section 627.748, Florida Statutes, are
61 redesignated as paragraphs (g) and (h) of subsection (1),
62 subsections (12) through (15), and subsection (17),
63 respectively, a new paragraph (f) is added to subsection (1) and
64 a new subsection (11) and subsections (16) and (18) are added to
65 that section, and paragraphs (b) and (e) and present paragraph
66 (g) of subsection (1), subsection (2), paragraphs (b) and (c) of
67 subsection (7), and paragraph (a) of present subsection (15) of
68 that section are amended, to read:
69 627.748 Transportation network companies.—
70 (1) DEFINITIONS.—As used in this section, the term:
71 (b) “Prearranged ride” means the provision of
72 transportation by a TNC driver to a rider, beginning when a TNC
73 driver accepts a ride requested by a rider through a digital
74 network controlled by a transportation network company,
75 continuing while the TNC driver transports the rider, and ending
76 when the last rider exits from and is no longer occupying the
77 TNC vehicle. The term does not include a taxicab, for-hire
78 vehicle, or street hail service and does not include ridesharing
79 as defined in s. 341.031, carpool as defined in s. 450.28, or
80 any other type of service in which the driver receives a fee
81 that does not exceed the driver’s cost to provide the ride.
82 (e) “Transportation network company” or “TNC” means an
83 entity operating in this state pursuant to this section using a
84 digital network to connect a rider to a TNC driver, who provides
85 prearranged rides. A TNC is not deemed to own, control, operate,
86 direct, or manage the TNC vehicles or TNC drivers that connect
87 to its digital network, except where agreed to by written
88 contract, and is not a taxicab association or for-hire vehicle
89 owner. An individual, corporation, partnership, sole
90 proprietorship, or other entity that arranges medical
91 transportation for individuals qualifying for Medicaid or
92 Medicare pursuant to a contract with the state or a managed care
93 organization is not a TNC. This section does not prohibit a TNC
94 from providing prearranged rides to individuals who qualify for
95 Medicaid or Medicare if it meets the requirements of this
96 section.
97 (f) “Transportation network company digital advertising
98 device” or “TNC digital advertising device” means a device no
99 larger than 20 inches tall and 54 inches long that is fixed to
100 the roof of a TNC vehicle and that displays advertisements on a
101 digital screen only when the TNC vehicle is turned on.
102 (h)(g) “Transportation network company vehicle” or “TNC
103 vehicle” means a vehicle that is not a taxicab or, jitney,
104 limousine, or for-hire vehicle as defined in s. 320.01(15) and
105 that is:
106 1. Used by a TNC driver to offer or provide a prearranged
107 ride; and
108 2. Owned, leased, or otherwise authorized to be used by the
109 TNC driver.
110
111 Notwithstanding any other provision of law, a vehicle that is
112 let or rented to another for consideration, or a motor vehicle
113 compliant with the Americans with Disabilities Act which is
114 owned and used by a company that uses a digital network to
115 facilitate prearranged rides to persons with disabilities for
116 compensation, may be used as a TNC vehicle.
117 (2) NOT OTHER CARRIERS.—A TNC or TNC driver is not a common
118 carrier, contract carrier, or motor carrier and does not provide
119 taxicab or for-hire vehicle service. In addition, a TNC driver
120 is not required to register the vehicle that the TNC driver uses
121 to provide prearranged rides as a commercial motor vehicle or a
122 for-hire vehicle.
123 (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
124 REQUIREMENTS.—
125 (b) The following automobile insurance requirements apply
126 while a participating TNC driver is logged on to the digital
127 network but is not engaged in a prearranged ride:
128 1. Automobile insurance that provides:
129 a. A primary automobile liability coverage of at least
130 $50,000 for death and bodily injury per person, $100,000 for
131 death and bodily injury per incident, and $25,000 for property
132 damage;
133 b. Personal injury protection benefits that meet the
134 minimum coverage amounts required under ss. 627.730-627.7405;
135 and
136 c. Uninsured and underinsured vehicle coverage as required
137 by s. 627.727.
138 2. The coverage requirements of this paragraph may be
139 satisfied by any of the following:
140 a. Automobile insurance maintained by the TNC driver or the
141 TNC vehicle owner;
142 b. Automobile insurance maintained by the TNC; or
143 c. A combination of sub-subparagraphs a. and b.
144 (c) The following automobile insurance requirements apply
145 while a TNC driver is engaged in a prearranged ride:
146 1. Automobile insurance that provides:
147 a. A primary automobile liability coverage of at least $1
148 million for death, bodily injury, and property damage;
149 b. Personal injury protection benefits that meet the
150 minimum coverage amounts required of a limousine under ss.
151 627.730-627.7405; and
152 c. Uninsured and underinsured vehicle coverage as required
153 by s. 627.727.
154 2. The coverage requirements of this paragraph may be
155 satisfied by any of the following:
156 a. Automobile insurance maintained by the TNC driver or the
157 TNC vehicle owner;
158 b. Automobile insurance maintained by the TNC; or
159 c. A combination of sub-subparagraphs a. and b.
160 (11) TRANSPORTATION NETWORK COMPANY DIGITAL ADVERTISING
161 DEVICE.—
162 (a) A TNC driver or his or her designee may contract with a
163 company to install a TNC digital advertising device on a TNC
164 vehicle.
165 (b) A TNC digital advertising device may be enabled with
166 cellular or WiFi-enabled data transmission and equipped with
167 GPS.
168 (c) A TNC digital advertising device may display
169 advertisements only when the TNC vehicle is turned on.
170 (d) A TNC digital advertising device must follow the
171 lighting requirements of s. 316.2397.
172 (e) No portion of the TNC digital advertising device may
173 extend beyond the front or rear windshield of the vehicle, nor
174 may it impact the TNC driver’s vision.
175 (f) A TNC digital advertising device must display
176 advertisements only to the sides of the vehicle and not to the
177 front or rear of the vehicle. Identification of the provider
178 does not constitute advertising under this paragraph.
179 (g) A TNC digital advertising device must, at a minimum,
180 meet the requirements of the MIL-STD-810G standard or other
181 reasonable environmental and safety industry standard, as
182 determined through independent safety and durability testing
183 under the review of a licensed professional engineer, before
184 being installed on a TNC vehicle.
185 (h) A TNC digital advertising device may not display
186 advertisements for illegal products or services or
187 advertisements that include nudity or violent images. All
188 advertisements displayed on a TNC digital advertising device are
189 subject to the Florida Deceptive and Unfair Trade Practices Act.
190 (i)1. A TNC driver is immune from liability for the display
191 of an advertisement that violates this section or the Florida
192 Deceptive and Unfair Trade Practices Act unless the TNC driver
193 is the advertiser.
194 2. The owner or operator of a TNC digital advertising
195 device that displays an advertisement that is in violation of
196 this section or the Florida Deceptive and Unfair Trade Practices
197 Act is immune from liability under this section and the Florida
198 Deceptive and Unfair Trade Practices Act for the violation if
199 the advertisement was displayed in good faith and without actual
200 knowledge of the violation, unless the advertiser is the same
201 person as the owner or operator.
202 (j) For the purposes of this chapter, a TNC advertising
203 device shall be deemed part of a TNC vehicle.
204 (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
205 (a) As used in this section, the term “luxury ground
206 transportation network company” or “luxury ground TNC” means a
207 company that:
208 1. Meets the requirements of paragraph (b).
209 2. Notwithstanding other provisions of this section, uses a
210 digital network to connect riders exclusively to drivers who
211 operate for-hire vehicles as defined in s. 320.01(15), including
212 limousines and luxury sedans and excluding taxicabs.
213 (b) An entity may elect, upon written notification to the
214 department, to be regulated as a luxury ground TNC. A luxury
215 ground TNC must:
216 1. Comply with all of the requirements of this section
217 applicable to a TNC, including subsection (17), which do not
218 conflict with subparagraph 2. or which do not prohibit the
219 company from connecting riders to drivers who operate for-hire
220 vehicles as defined in 320.01(15), including limousines and
221 luxury sedans and excluding taxicabs.
222 2. Maintain insurance coverage required in this section
223 when the luxury ground TNC driver is logged on to a digital
224 network or while the luxury ground TNC driver is engaged in a
225 prearranged ride. However, a prospective luxury ground TNC that
226 satisfies minimum financial responsibility at the time of
227 written notification to the department through compliance with
228 s. 324.032(2) by using self-insurance may continue to use self
229 insurance to satisfy the requirements of this subparagraph.
230 (17)(15) PREEMPTION.—
231 (a) It is the intent of the Legislature to provide for
232 uniformity of laws governing TNCs, TNC drivers, and TNC
233 vehicles, luxury ground TNCs, luxury ground TNC drivers, and
234 luxury ground TNC vehicles throughout the state. TNCs, TNC
235 drivers, and TNC vehicles, luxury ground TNCs, luxury ground TNC
236 drivers, and luxury ground TNC vehicles are governed exclusively
237 by state law, including in any locality or other jurisdiction
238 that enacted a law or created rules governing TNCs, TNC drivers,
239 or TNC vehicles, luxury ground TNCs, luxury ground TNC drivers,
240 or luxury ground TNC vehicles before July 1, 2017. A county,
241 municipality, special district, airport authority, port
242 authority, or other local governmental entity or subdivision may
243 not:
244 1. Impose a tax on, or require a license for, a TNC, a TNC
245 driver, or a TNC vehicle, a luxury ground TNC, a luxury ground
246 TNC driver, or a luxury ground TNC vehicle if such tax or
247 license relates to providing prearranged rides;
248 2. Subject a TNC, a TNC driver, or a TNC vehicle, a luxury
249 ground TNC, a luxury ground TNC driver, or a luxury ground TNC
250 vehicle to any rate, entry, operation, or other requirement of
251 the county, municipality, special district, airport authority,
252 port authority, or other local governmental entity or
253 subdivision; or
254 3. Require a TNC, or a TNC driver, a luxury ground TNC, or
255 a luxury ground TNC driver to obtain a business license or any
256 other type of similar authorization to operate within the local
257 governmental entity’s jurisdiction.
258 (18) LIABILITY.—
259 (a) A TNC shall not be liable under the law of this state
260 by reason of owning, operating, or maintaining the digital
261 network accessed by a TNC driver or rider, or by being the TNC
262 affiliated with a TNC driver, for harm to persons or property
263 that results or arises out of the use, operation, or possession
264 of a motor vehicle operating as a TNC vehicle while the driver
265 is logged on to the digital network if:
266 1. There is no negligence or criminal wrongdoing on the
267 part of the TNC;
268 2. The TNC has fulfilled all of its obligations under this
269 section with respect to the TNC driver; and
270 3. The TNC is not the owner or bailee of the motor vehicle
271 that caused harm to persons or property.
272 (b) This subsection does not alter or reduce the required
273 insurance coverages or policy limits under subsection (7) or the
274 liability of any person under any other legal theory.
275 Section 3. This act shall take effect upon becoming a law.