Florida Senate - 2020                      CS for CS for SB 1352
       
       
        
       By the Committees on Rules; and Innovation, Industry, and
       Technology; and Senator Brandes
       
       
       
       
       595-04472-20                                          20201352c2
    1                        A bill to be entitled                      
    2         An act relating to transportation companies; amending
    3         s. 627.748, F.S.; redefining terms; defining the term
    4         “transportation network company digital advertising
    5         device”; deleting for-hire vehicles from the list of
    6         vehicles that are excluded from transportation network
    7         company (TNC) provisions; providing that TNC vehicle
    8         owners may maintain required insurance coverages;
    9         authorizing TNC drivers or their designees to contract
   10         with companies to install TNC digital advertising
   11         devices on TNC vehicles; providing requirements and
   12         restrictions for such devices; providing immunity from
   13         certain liability for TNC drivers, TNC vehicle owners,
   14         owners and operators of TNC digital advertising
   15         devices, and TNCs except under certain circumstances;
   16         providing construction relating to such devices;
   17         defining the term “luxury ground transportation
   18         network company”; authorizing entities to elect to be
   19         regulated as luxury ground TNCs by notifying the
   20         Department of Financial Services; providing
   21         requirements for luxury ground TNCs; providing for the
   22         preemption of local law in the governance of luxury
   23         ground TNCs, luxury ground TNC drivers, and luxury
   24         ground TNC vehicles; providing that TNCs are not
   25         liable for certain harm to persons or property if
   26         certain conditions are met; providing construction
   27         relating to insurance coverage and liability;
   28         providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Present paragraphs (f) and (g) of subsection
   33  (1), present subsections (11) through (14), and present
   34  subsection (15) of section 627.748, Florida Statutes, are
   35  redesignated as paragraphs (g) and (h) of subsection (1),
   36  subsections (12) through (15), and subsection (17),
   37  respectively, a new paragraph (f) is added to subsection (1) and
   38  a new subsection (11) and subsections (16) and (18) are added to
   39  that section, and paragraphs (b) and (e) and present paragraph
   40  (g) of subsection (1), subsection (2), paragraphs (b) and (c) of
   41  subsection (7), and paragraph (a) of present subsection (15) of
   42  that section are amended, to read:
   43         627.748 Transportation network companies.—
   44         (1) DEFINITIONS.—As used in this section, the term:
   45         (b) “Prearranged ride” means the provision of
   46  transportation by a TNC driver to a rider, beginning when a TNC
   47  driver accepts a ride requested by a rider through a digital
   48  network controlled by a transportation network company,
   49  continuing while the TNC driver transports the rider, and ending
   50  when the last rider exits from and is no longer occupying the
   51  TNC vehicle. The term does not include a taxicab, for-hire
   52  vehicle, or street hail service and does not include ridesharing
   53  as defined in s. 341.031, carpool as defined in s. 450.28, or
   54  any other type of service in which the driver receives a fee
   55  that does not exceed the driver’s cost to provide the ride.
   56         (e) “Transportation network company” or “TNC” means an
   57  entity operating in this state pursuant to this section using a
   58  digital network to connect a rider to a TNC driver, who provides
   59  prearranged rides. A TNC is not deemed to own, control, operate,
   60  direct, or manage the TNC vehicles or TNC drivers that connect
   61  to its digital network, except where agreed to by written
   62  contract, and is not a taxicab association or for-hire vehicle
   63  owner. An individual, corporation, partnership, sole
   64  proprietorship, or other entity that arranges medical
   65  transportation for individuals qualifying for Medicaid or
   66  Medicare pursuant to a contract with the state or a managed care
   67  organization is not a TNC. This section does not prohibit a TNC
   68  from providing prearranged rides to individuals who qualify for
   69  Medicaid or Medicare if it meets the requirements of this
   70  section.
   71         (f)“Transportation network company digital advertising
   72  device” or “TNC digital advertising device” means a device no
   73  larger than 20 inches tall and 54 inches long that is fixed to
   74  the roof of a TNC vehicle and that displays advertisements on a
   75  digital screen only when the TNC vehicle is turned on.
   76         (h)(g) “Transportation network company vehicle” or “TNC
   77  vehicle” means a vehicle that is not a taxicab or, jitney,
   78  limousine, or for-hire vehicle as defined in s. 320.01(15) and
   79  that is:
   80         1. Used by a TNC driver to offer or provide a prearranged
   81  ride; and
   82         2. Owned, leased, or otherwise authorized to be used by the
   83  TNC driver.
   84  
   85  Notwithstanding any other provision of law, a vehicle that is
   86  let or rented to another for consideration, or a motor vehicle
   87  compliant with the Americans with Disabilities Act which is
   88  owned and used by a company that uses a digital network to
   89  facilitate prearranged rides to persons with disabilities for
   90  compensation, may be used as a TNC vehicle.
   91         (2) NOT OTHER CARRIERS.—A TNC or TNC driver is not a common
   92  carrier, contract carrier, or motor carrier and does not provide
   93  taxicab or for-hire vehicle service. In addition, a TNC driver
   94  is not required to register the vehicle that the TNC driver uses
   95  to provide prearranged rides as a commercial motor vehicle or a
   96  for-hire vehicle.
   97         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
   98  REQUIREMENTS.—
   99         (b) The following automobile insurance requirements apply
  100  while a participating TNC driver is logged on to the digital
  101  network but is not engaged in a prearranged ride:
  102         1. Automobile insurance that provides:
  103         a. A primary automobile liability coverage of at least
  104  $50,000 for death and bodily injury per person, $100,000 for
  105  death and bodily injury per incident, and $25,000 for property
  106  damage;
  107         b. Personal injury protection benefits that meet the
  108  minimum coverage amounts required under ss. 627.730-627.7405;
  109  and
  110         c. Uninsured and underinsured vehicle coverage as required
  111  by s. 627.727.
  112         2. The coverage requirements of this paragraph may be
  113  satisfied by any of the following:
  114         a. Automobile insurance maintained by the TNC driver or the
  115  TNC vehicle owner;
  116         b. Automobile insurance maintained by the TNC; or
  117         c. A combination of sub-subparagraphs a. and b.
  118         (c) The following automobile insurance requirements apply
  119  while a TNC driver is engaged in a prearranged ride:
  120         1. Automobile insurance that provides:
  121         a. A primary automobile liability coverage of at least $1
  122  million for death, bodily injury, and property damage;
  123         b. Personal injury protection benefits that meet the
  124  minimum coverage amounts required of a limousine under ss.
  125  627.730-627.7405; and
  126         c. Uninsured and underinsured vehicle coverage as required
  127  by s. 627.727.
  128         2. The coverage requirements of this paragraph may be
  129  satisfied by any of the following:
  130         a. Automobile insurance maintained by the TNC driver or the
  131  TNC vehicle owner;
  132         b. Automobile insurance maintained by the TNC; or
  133         c. A combination of sub-subparagraphs a. and b.
  134         (11)TRANSPORTATION NETWORK COMPANY DIGITAL ADVERTISING
  135  DEVICE.—
  136         (a)A TNC driver or his or her designee may contract with a
  137  company to install a TNC digital advertising device on a TNC
  138  vehicle.
  139         (b)A TNC digital advertising device may be enabled with
  140  cellular or WiFi-enabled data transmission and equipped with
  141  GPS.
  142         (c)A TNC digital advertising device may display
  143  advertisements only when the TNC vehicle is turned on.
  144         (d)A TNC digital advertising device must follow the
  145  lighting requirements of s. 316.2397.
  146         (e)No portion of the TNC digital advertising device may
  147  extend beyond the front or rear windshield of the vehicle, nor
  148  may it impact the TNC driver’s vision.
  149         (f)A TNC digital advertising device must display
  150  advertisements only to the sides of the vehicle and not to the
  151  front or rear of the vehicle. Identification of the provider
  152  does not constitute advertising under this paragraph.
  153         (g)A TNC digital advertising device must, at a minimum,
  154  meet the requirements of the MIL-STD-810G standard or other
  155  reasonable environmental and safety industry standard, as
  156  determined through independent safety and durability testing
  157  under the review of a licensed professional engineer, before
  158  being installed on a TNC vehicle.
  159         (h)A TNC digital advertising device may not display
  160  advertisements for illegal products or services or
  161  advertisements that include nudity or violent images.
  162         (i)1.A TNC driver or TNC vehicle owner, or an owner or
  163  operator of a TNC digital advertising device that displays or
  164  disseminates an advertisement on behalf of another, is exempt
  165  from violations of this subsection or s. 501.212(2) or any other
  166  violation of the Florida Deceptive and Unfair Trade Practices
  167  Act resulting from display of an advertisement on a digital
  168  advertising device unless the TNC driver, TNC vehicle owner, or
  169  owner or operator of a TNC digital advertising device has actual
  170  knowledge that the advertisement violates this section or the
  171  Florida Deceptive and Unfair Trade Practices Act.
  172         2.A TNC that is not the owner or operator of a TNC digital
  173  advertising device is exempt from any violation of this
  174  subsection or the Florida Deceptive and Unfair Trade Practices
  175  Act resulting from display of an advertisement on a TNC digital
  176  advertising device unless the advertisement is displayed on
  177  behalf of the TNC.
  178         (j)For the purposes of this chapter, a TNC digital
  179  advertising device shall be deemed part of a TNC vehicle.
  180         (16)LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
  181         (a)As used in this section, the term “luxury ground
  182  transportation network company” or “luxury ground TNC” means a
  183  company that:
  184         1.Meets the requirements of paragraph (b).
  185         2.Notwithstanding other provisions of this section, uses a
  186  digital network to connect riders exclusively to drivers who
  187  operate for-hire vehicles as defined in s. 320.01(15), including
  188  limousines and luxury sedans and excluding taxicabs.
  189         (b)An entity may elect, upon written notification to the
  190  department, to be regulated as a luxury ground TNC. A luxury
  191  ground TNC must:
  192         1.Comply with all of the requirements of this section
  193  applicable to a TNC, including subsection (17), which do not
  194  conflict with subparagraph 2. or which do not prohibit the
  195  company from connecting riders to drivers who operate for-hire
  196  vehicles as defined in 320.01(15), including limousines and
  197  luxury sedans and excluding taxicabs.
  198         2.Maintain insurance coverage as required by subsection
  199  (7). However, if a prospective luxury ground TNC satisfies
  200  minimum financial responsibility through compliance with s.
  201  324.032(2) by using self-insurance when it gives the department
  202  written notification of its election to be regulated as a luxury
  203  ground TNC, the luxury ground TNC may use self-insurance to meet
  204  the insurance requirements of subsection (7), so long as such
  205  self-insurance complies with s. 324.032(2) and provides the
  206  limits of liability required by subsection (7).
  207         (17)(15) PREEMPTION.—
  208         (a) It is the intent of the Legislature to provide for
  209  uniformity of laws governing TNCs, TNC drivers, and TNC
  210  vehicles, luxury ground TNCs, luxury ground TNC drivers, and
  211  luxury ground TNC vehicles throughout the state. TNCs, TNC
  212  drivers, and TNC vehicles, luxury ground TNCs, luxury ground TNC
  213  drivers, and luxury ground TNC vehicles are governed exclusively
  214  by state law, including in any locality or other jurisdiction
  215  that enacted a law or created rules governing TNCs, TNC drivers,
  216  or TNC vehicles, luxury ground TNCs, luxury ground TNC drivers,
  217  or luxury ground TNC vehicles before July 1, 2017. A county,
  218  municipality, special district, airport authority, port
  219  authority, or other local governmental entity or subdivision may
  220  not:
  221         1. Impose a tax on, or require a license for, a TNC, a TNC
  222  driver, or a TNC vehicle, a luxury ground TNC, a luxury ground
  223  TNC driver, or a luxury ground TNC vehicle if such tax or
  224  license relates to providing prearranged rides;
  225         2. Subject a TNC, a TNC driver, or a TNC vehicle, a luxury
  226  ground TNC, a luxury ground TNC driver, or a luxury ground TNC
  227  vehicle to any rate, entry, operation, or other requirement of
  228  the county, municipality, special district, airport authority,
  229  port authority, or other local governmental entity or
  230  subdivision; or
  231         3. Require a TNC, or a TNC driver, a luxury ground TNC, or
  232  a luxury ground TNC driver to obtain a business license or any
  233  other type of similar authorization to operate within the local
  234  governmental entity’s jurisdiction.
  235         (18)VICARIOUS LIABILITY.—
  236         (a)A TNC shall not be liable under the law of this state
  237  by reason of owning, operating, or maintaining the digital
  238  network accessed by a TNC driver or rider, or by being the TNC
  239  affiliated with a TNC driver, for harm to persons or property
  240  that results or arises out of the use, operation, or possession
  241  of a motor vehicle operating as a TNC vehicle while the driver
  242  is logged on to the digital network if:
  243         1.There is no negligence under this section or criminal
  244  wrongdoing under the federal criminal code or the criminal laws
  245  of this state on the part of the TNC;
  246         2.The TNC has fulfilled all of its obligations under this
  247  section with respect to the TNC driver; and
  248         3.The TNC is not the owner or bailee of the motor vehicle
  249  that causes harm to persons or property.
  250         (b)Nothing in this subsection shall alter or reduce the
  251  coverage or policy limits of the insurance requirements of
  252  subsection (7) or the liability of any person other than the
  253  vicarious liability of a TNC under paragraph (a).
  254         Section 2. This act shall take effect upon becoming a law.